PREAMBLE

Fliz is a tool specialized in the creation of videos automated by AI, accessible at the URL https://www.fliz.ai. This service package is published by Fliz, a SAS registered in Paris under the number RCS Paris B 977 626 118 and whose head office is located at 60 RUE FRANCOIS 1ER, 75008 PARIS.

The General Terms and Conditions of Use (GTCU) are deemed to have been read and accepted by the user of Fliz services, hereinafter referred to as the “Customer”. These Terms and Conditions supersede any prior agreement or contractual document between Fliz and the Customer.

The General Terms and Conditions of Use (GTCU) are permanently available on the Customer’s administration interface, available at https://app.fliz.ai. Fliz reserves the right to modify them at any time. Any major modification will be notified to the. Customer at least 30 days before it takes effect.

1 – Definitions

Fliz: represents all the services offered by the Fliz company and the functionalities it has created (hereinafter “the Services”) to assist in the automated creation of videos.
Customer: refers to any individual or legal entity wishing to use the Services offered by Fliz.
Services: refers to all services offered by Fliz

2 – Purpose of the contract

The purpose of these General Terms of Use is to define the terms of use of the technical, intellectual and commercial Services offered to the Customer by Fliz. The Services are functionalities carried out by Fliz relating to the creation of videos in order to facilitate the promotion of products, services or information. The contract is formed between Fliz and the Customer upon acceptance of these terms and conditions.

3 – Duration

This Contract is materially concluded as soon as your Fliz account is created.The contract is for an indefinite period.Subscription cancellations can be made directly on the application in the subscription management section.

4 – Terms and conditions of use

4.1. Site access

The customer is personally responsible for setting up the IT and telecommunications resources required to access the https://fliz.ai site and its https://app.fliz.ai administration space. In this respect,it is the Customer’s responsibility to protect their technical equipment, in particular against any form of contamination by viruses and/or attempted intrusion, for which Fliz cannot be held responsible under any circumstances. The Customer remains solely responsible for the installation, operation and maintenance of the technical equipment required to access Fliz tools. Under no circumstances shall Fliz be held liable if the functionalities offered prove to be incompatible or malfunction with any of the Customer’s software, configurations, operating systems or equipment.In addition, the Customer is responsible for the telecommunications costs associated with Internet access and the duration of use of the Service and its administration space.

4.2 Registering on the site

Registration on Fliz is free for the Customer.To register and log in, the Customer must use a Gmail email address.Fliz reserves the right to delete the account of an inactive Client. A Customer is considered inactive after 60 days without logging in to his/her Fliz Account.

4.3. Conditions of use of the customer account

An account is opened in the Customer’s name at the end of the Site registration procedure. Customers can only access their account using the Gmail connection.He agrees to inform Fliz immediately of any compromise, loss or anomaly of his Gmail password.The customer is solely responsible for the consequences of disclosing his password. Fliz undertakes to manage Customer Accounts and reserves the right to remove or suspend access to Customer Accounts in the event of proven or suspected compromise of the password.

4.4. Free subscription

By default, customers benefit from a free subscription, offering two credits per month.

4.5. Activating a paid subscription

To obtain more Fliz credits and produce more content, the Customer must opt for a paid subscription and enter his billing and payment information with our payment provider Stripe.

4.6 Saving and downloading videos

Videos created via Fliz are stored on our servers for as long as the subscription is active. In the event of cancellation of a paid subscription, videos are deleted after 30 days

5 – Warranties and obligations of Fliz

5.1. For Services

Fliz undertakes to implement the technical and human resources necessary to carry out the Services it provides. In this respect, Fliz is expressly bound by an obligation of means in the context of these terms and conditions. Fliz guarantees the security of the hardware and software used in the Services provided to the Customer. Consequently, Fliz undertakes to take all reasonable care to limit the risks associated with an attack on the security of the Service (intrusions, hacking, viruses). Insofar as the Internet is an open network, and therefore sensitive to a certain number of risks, Fliz cannot guarantee unlimited access and service availability. The Customer accepts these risks. Fliz undertakes to implement the necessary measures and means to preserve the integrity and availability of the information and data uploaded by the Customer on its pages. However, Fliz reserves the right to suspend access to the Customer’s pages when it considers that an event likely to affect the operation or integrity of the service requires it or in the event of a case of force majeure in accordance with Article 9 hereof. The suspension is valid for the time required for the planned intervention and in no case shall it incur the liability of Fliz or give rise to any right to compensation. In the event of a scheduled intervention, Fliz undertakes to inform the Customer as soon as possible by any means at its convenience, as soon as it is aware of the scheduled intervention dates. It is expressly agreed between the Parties that Fliz cannot be held liable for any suspension inherent in a scheduled intervention and shall not be entitled to any compensation

5.2. For hosting the Customer’s videos

Fliz undertakes to host the Customer’s videos subject to respect for public order. It is expressly agreed that the Customer’s videos may be withdrawn in the event of a justified complaint by an Internet user. Fliz reserves the right to carry out an unannounced inspection of the Customer’s videos at any time. The unannounced check may be triggered by a complaint from an Internet user or on Fliz’s own initiative.

6 – Guarantees and customer obligations

6.1. Obligations in respect of use of the Services

The customer undertakes to use the Services provided by Fliz in accordance with their intended purpose.The customer shall refrain from any action that could damage the image of the company and the Fliz brand. The Customer undertakes to ensure that the products and/or services and/or information it offers on its videos comply fully with public policy, accepted standards of behaviour, French law and the rights of third parties, and that they are not likely to offend the sensibilities of minors.In particular, and without limiting the general application of the previous paragraph of this article, the Customer agrees not to sell directly or indirectly through the services of Fliz : Products and/or services that directly or indirectly incite racism, xenophobia, anti-Semitism, racial, sexual or religious discrimination, hatred or violence; stolen products and/or services; Products and/or services that are defamatory, insulting, or that violate the privacy, honor or reputation of others; Products and/or services infringing intellectual property rights (counterfeit goods, counterfeit digital files, copies of audio or video recordings in particular);medical products and/or services that do not meet the formalities required to be placed on the national market

6.2. Obligations as a content provider

The Customer undertakes to verify the legal conformity and accuracy of the information posted on his videos. All content uploaded by the Customer is and remains under his sole and entire responsibility.The Customer declares and undertakes to make exclusively personal use of the pages, and not to allow access to them to any third party (except web agency or partner duly authorized in writing), and to take all useful precautions to prevent this from happening fortuitously or voluntarily.

7 – Financial terms and conditions

7.1. Compensation

We offer a range of paid subscription packages, payable by the month or by the year.A discount is granted on the package price if the customer agrees to pay by the year.

7.2. Terms of payment

Invoices for Services provided by Fliz hereunder are issued by our payment partner Stripe and charged directly to the Customer’s credit card.The Customer must insert a valid credit card to use Fliz services. In the event of expiration or deletion of the credit card, Fliz reserves the right to immediately suspend its services until the Customer inserts a new, valid credit card.

7.3. Late payments

In the event of late payment or payment problems, whether total or partial, Fliz reserves the right to : Claim the payment of late payment penalties, the amount of which will be calculated by applying an interest rate set at 3 times the legal interest rate in force and the fixed indemnity for collection costs of 40 euros provided for in article L.441-6 of the French Commercial Code; Suspend the execution of the Services, without this suspension being considered as a termination of the contract on the part of Fliz, nor giving rise to any right to compensation; Claim immediate payment of the sums invoiced by Fliz, regardless of the payment date set; Cancel the present contract by operation of law, without prejudice to any damages that Fliz may be entitled to claim. In the event of payment rejection by the banking institutions concerned, rejection fees of €15 excluding VAT will be automatically invoiced to the Customer.

8 – Responsibility of the parties

8.1. Liability of Fliz

Fliz shall be liable for any breach of its obligations hereunder. Fliz may not be held liable in the event of use of the Services that does not comply with the provisions of these General Terms of Use or in the event of errors, failures or delays originating in a fault or failure on the part of the Customer. Fliz declines all responsibility for the content and expected legal value of the elements appearing on the Customer’s videos, as well as for their assessment by any administration or jurisdiction.In no event will Fliz be liable for any indirect and/or consequential damages, such as, but not limited to, business interruption and other commercial, image or moral damages, arising out of or as a result of this agreement. In order to avoid any late claims, and in particular to enable Fliz to preserve evidence, the Customer must notify Fliz that it intends to invoke its liability. This notification must, under penalty of foreclosure,indicate precisely the errors, shortcomings or delays noted and must be sent no later than 15 days following the occurrence of the event likely to engage the liability of Fliz. Fliz shall not be held liable for any action or recourse by third parties or for the suspension of the Customer’s account as provided for herein.

8.2. Customer’s liability

The Customer shall be liable for any breach of its obligations hereunder. The Customer is responsible for compliance with the regulations applicable to his activity and to the content he posts on his pages or social networks.The Customer is solely responsible for the use of his Fliz videos, which must comply with fair trade practices, current legislation and good morals. The Customer is solely responsible for the drafting of its commercial offers and for the non-conformity of the product and/or service with the qualities it has itself defined in its offer and guarantees Fliz against any claim relating to the drafting of offers and/or the description of its products and/or services. The customer is liable for all damage caused to Fliz by the customer. The customer undertakes to indemnify Fliz in the event of any claim, demand or award of damages against Fliz as a result of non-compliance with these provisions.The Customer indemnifies Fliz against any claims, demands or requirements of third parties who claim a violation of their rights as a result of the Customer’s use of the services or as a result of measures taken by Fliz to put an end to the violation of the rights of third parties claimed by the victim.

9 – Force Majeure

Fliz shall not be held liable for any delay in the performance of its obligations or for any non-performance of its obligations arising from this Contract when the circumstances giving rise thereto fall within the scope of force majeure as defined in Article 1148 of the French Civil Code. In addition to the cases usually accepted by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of electronic communications, including wired or wireless telecommunications networks, any challenge to the mathematical foundations governing the theory of cryptographic algorithms used for public key infrastructures and any other event beyond the control of Fliz preventing the normal performance of this contract.In the first instance, cases of force majeure suspend performance of the contract. If the force majeure lasts longer than 45 days, the contract is automatically terminated, unless otherwise agreed between Fliz and the customer.

10 – Recourse

The Customer shall be liable for any damages Fliz is ordered to pay as a result of the Customer’s failure to comply with the contractual obligations set out herein or as a result of measures taken by Fliz to put an end to the violation of the rights of third parties claimed by a victim, as soon as the sentence pronouncing them becomes enforceable, as well as compensation and expenses of any kind incurred by Fliz to ensure its defense, including attorney’s fees. Fliz undertakes to inform the Customer, as soon as it becomes aware of any request, claim or proceeding made or instituted on such grounds, by judicial or extrajudicial means, and to provide the Customer, at no cost to the latter, with all documents and information in its possession as well as all assistance required that may be necessary for its defence. For the settlement of the difficulties referred to in this article, Fliz refrains, moreover, from any direct relationship with third parties and gives the Customer the powers and facilities enabling him to take full responsibility for the conduct of relations with third parties.

11 – Termination

Failure by either Party to comply with any of its obligations that continues beyond 30 working days following formal notice by registered letter, or that cannot be remedied, may result in automatic termination of the Contract without legal formalities and without prejudice to any damages and/or penalties, other rights and remedies that the non-defaulting Party may claim from the defaulting Party. Fliz undertakes to allow the Customer to download its videos. It is expressly agreed between the Parties that Fliz may keep a copy for evidentiary purposes.

12 – Ownership

It is expressly agreed between the parties that all Services provided by Fliz remain the property of Fliz.The Customer expressly authorizes Fliz to use, solely within the framework of these General Terms of Use and for the sole purpose of marking pages, the Customer’s distinctive signs in compliance with the graphic charter established by Fliz.These non-exclusive authorizations to use trademarks and logos are expressly limited to the needs thus defined and to the duration of the present contract. In accordance with their confidentiality obligations, each of the parties expressly refrains from communicating to third parties, even free of charge, or reproducing or publishing, in whole or in part, the elements mentioned above, without the express, prior and written agreement of the other party.The Customer agrees that the data collected through the use of its services may be accessed at any time by Fliz for support and billing purposes

13 – Privacy policy

The Parties undertake to maintain the confidentiality of information exchanged under the contract, in particular all technical and commercial knowledge and know-how exchanged, as well as the elements of the present contract and related correspondence.

14 – Proof agreement

Fliz reminds you that the Customer must have computer hardware and software that comply with the technical requirements necessary for the Service to function properly. In accordance with article 1316-2 of the French Civil Code, the Parties intend to establish, within the framework of the Service, the rules relating to the evidence admissible between them in the event of a dispute and to its probative value. The following provisions thus constitute the evidentiary agreement between the parties, who undertake to comply with the present article. The Parties agree that in the event of a dispute, the data, consents and facts contained and expressed therein shall be admissible in court and shall be admissible as evidence: identification and authentication elements such as login/passwords for the Service, e-mails validating the implementation of the Service or modifications to the content of the Dedicated Space, of which the Customer acknowledges receipt.

15 – Commercial reference

Fliz reserves the right to use the Customer’s name, trade name or sign as a commercial reference in its commercial documents and on its website.
Reciprocally, the Customer may use the name of Fliz as a commercial reference in its commercial documents and on its website.

16 – General provisions

16.1 – Modification of Fliz

No change in the legal form of Fliz, no transformation, merger with other legal entities or absorption shall terminate the contract.

16.2 – Assignment of contract – Subcontracting

This Agreement and all rights and obligations hereunder may be assigned by Fliz to any company that assumes all the obligations of the assigning party. Fliz reserves the right to have all or part of the services relating to the posting of content communicated by the Customer on the platform’s dedicated space, which is the subject of this contract, performed by any other company of its choice on a subcontracting basis, with each party remaining solely liable to the other.

16.3 – Independence of the Parties

Under no circumstances may the contract be considered as creating a joint venture or joint subsidiary between the parties, or instituting a mandate for the benefit of one of the parties.

16.4 – Notification

Any notification required under the terms of the contract shall be made to the other party in writing, by registered letter with acknowledgement of receipt (LRAR), or by any other means whose receipt can be proven (e.g. Chronopost, DHL, Hybrid registered letter, DepoMail), to the following address:
FLIZ
60 RUE FRANCOIS 1ER,
75008 PARIS

16.5 – Waiver

Any tolerance or waiver on the part of one of the parties in the application of all or part of the commitments or obligations provided for in the contract, whatever the date, frequency or duration, shall not, in the absence of a written agreement to this effect, constitute a modification of the General

16.6 – Permanence of the contract

The nullity of any clause of this contract shall not affect the validity of the other clauses, and the
contract shall continue in the absence of the nullified clause, unless the nullified clause renders the
continuation of the contract impossible or unbalanced in relation to the original agreements.

16.7 – Heading of clauses

The headings given at the beginning of each article are for ease of reference only and may under no
circumstances be used as a pretext for any interpretation or distortion of the clauses to which they refer. In the event of difficulty of interpretation or contradiction between the content of a clause and its title, the latter shall be deemed unwritten.

16.8 – Entire agreement of the Parties

The Parties acknowledge that the contract, the Appendices hereto and any amendments thereto constitute the entire agreement between them with respect to the fulfillment of the subject matter hereof and supersede all prior agreements and proposals relating to the same subject matter, in whatever form.

16.9 – Competent court and applicable law

The Parties undertake to attempt to resolve amicably any dispute which may arise in connection with
the performance or interpretation of these General Terms and Conditions. In the absence of an
amicable solution, the dispute will be referred to the Nice Commercial Court, notwithstanding multiple defendants, summary proceedings, third-party claims or protective measures. In the event of a
dispute relating to the interpretation, formation, validity or performance of the contract, the Parties hereby give express and exclusive jurisdiction to French law.