Terms of Use
Published 22 January 2024
Identification of LIPITT
LIPITT (“LIPITT”) is a single simplified joint-stock company (“société par actions simplifiée unipersonnelle”) registered in the Trade and Companies Register of Brest under the number 980 765 531, with its registered office at 7 AV DE LAPONIE, 91940 LES ULIS.
Purpose
LIPITT offers its users (the "Users") video translation services (the "Services") via the platform www.lipitt.com (the "Platform").
Information on the Terms and Conditions
Purpose of the Terms and Conditions
The terms and conditions (the "Terms and Conditions") constitute the sole document governing LIPITT’s contractual relationship with the User and define:
the terms and conditions of use of its Services,
the respective obligations of the parties.
Location of the Terms and Conditions
The User can find them via a direct link at the bottom of the Platform page.
Acceptance of the Terms and Conditions
Users accept the Terms and Conditions by ticking a box on the registration form. If they do not accept the Terms and Conditions in full, they may not access the Services.
The Terms and Conditions may be supplemented by specific conditions which, in the event of contradiction, shall prevail over the Terms and Conditions.
Conditions of access to the Services
In order to access the Services, the User must meet the following cumulative conditions:
1) The User is :
a legal entity acting through a natural person with the power or authorization required to contract in the User's name and on its behalf; or
a natural person with full legal capacity, or failing that the User is at least 15 years old or between 13 and 15 years old and has obtained the agreement of their legal representative, and they undertake to provide LIPITT with their representative's email address so that it can contact them.
2) The User is a :
a consumer, defined as any natural person acting for purposes which are outside their trade, business or profession (“Consumer User”) or ;
a professional, defined as any individual or legal entity acting for purposes relating to its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name or on behalf of another professional (Professional User).
Access and subscription to the Services
The User can access the Services by going directly to the Platform.
To subscribe to the Services, the User must complete the form provided for this purpose on the Platform.
The User must provide LIPITT with all the information marked as mandatory.
Registration automatically leads to the opening of an account in the User's name (the "Account"), which enables them to access the Services using their login and password.
The Services
Description of the Services
Before subscribing, the User acknowledges that he/she can find out about the characteristics of the Services and their constraints, particularly technical constraints, on the Platform.
The User acknowledges that the Services require an Internet connection, and that the quality of the Services depends on this connection, for which LIPITT is not responsible.
The Services to which the User has subscribed are described on the Platform.
In particular, the User has access to video translation services.
To this end, the User uploads the video he/she wishes to translate via the Platform (the “Content”) and the language into which he/she wishes to translate it. The Platform will generate the script of the video that the User can modify, including proper names (the "Script"). Once the Script has been validated by the User, the latter can download the video incorporating the translation of the Script and the cloning of the voices (the "Video") via the Platform.
LIPITT reserves the right to offer any other Service.
Any request to modify the Services subscribed to must be the subject of a new subscription.
Additional Services
1) Maintenance of the Platform
For the duration of its Subscription, the User benefits from maintenance of the Platform, in particular corrective and ongoing maintenance. In this context, access to the Platform may be limited or suspended.
Concerning corrective maintenance, LIPITT makes its best efforts to provide the User with corrective maintenance in order to correct any malfunction or bug found in the Platform.
Concerning ongoing maintenance, the User benefits for the duration of its Subscription from ongoing maintenance, which LIPITT may carry out automatically and without prior notice, and which includes improvements to the functionalities of the Platform and the addition of new functionalities and/or technical installations used within the framework of the Services (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for planned maintenance purposes, which may include the above-mentioned corrective and ongoing maintenance operations.
The User must agree to install the necessary updates so that the Services remain compliant, i.e. so that the Services can continue to be used in accordance with what was agreed between the parties and what the User expected when subscribing.
2) Hosting
LIPITT ensures, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform by the User, through the intermediary of a professional hosting provider and on servers located in a territory of the European Union.
3) Technical support
In the event of any difficulty encountered when using the Services, the User may contact LIPITT at the following address: [email protected].
The technical support service is available from Monday to Friday, excluding public holidays, from 9 am to 7 pm. Depending on the need identified, LIPITT will estimate the response time and keep the User informed.
Term of the Services
The User subscribes to the Services on a subscription basis (the "Subscription").
The Subscription begins on the date and for an initial period of one month.
It is tacitly renewed for successive periods of the same duration as the initial period (together with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions set out in the “Termination of the Services” article.
Financial conditions
Price of the Services
The prices of the Services to which the User has subscribed are indicated on the Platform.
More specifically, each Video will cost the number of credits specified on the Platform, according to its duration.
Any Period started is due in its entirety.
LIPITT is free to propose promotional offers or price reductions.
LIPITT's prices may be revised at any time under the conditions of the article “Modification of the Terms and Conditions”.
Invoice and payment terms
LIPITT sends the User an invoice for each Period by any useful means.
Payment is made by direct debit monthly from the time the Subscription is taken out.
The User guarantees LIPITT that he/she has the necessary authorizations to use this method of payment.
Consequences of late or non-payment
In the event of non-payment or late payment, LIPITT reserves the right, from the day after the due date shown on the invoice, to:
immediately suspend the Services in progress until full payment has been received;
charge late payment interest equal to 3 times the legal interest rate, based on the amount of sums not paid by the due date, and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount;
where applicable, declare all sums owed by the User to be in arrears and payable without delay.
Right of withdrawal for the Consumer User
The Consumer User has a right of withdrawal.
This right of withdrawal is 14 calendar days from acceptance of the Terms and Conditions. The Consumer User may exercise this right free of charge by sending to LIPITT before the end of the period to the contact details given in the article "Identification of LIPITT":
the completed withdrawal form available in Appendix 1,
or any other unambiguous statement expressing the Consumer User's wish to withdraw.
If the Consumer User exercises his/her right of withdrawal, LIPITT will refund all payments received, using the same means of payment that the Consumer User used (unless he/she expressly accepts a different means), without undue delay and no later than 14 calendar days from the day on which LIPITT was informed of the Consumer User's wish to withdraw.
If the Consumer User requests that the Services begin before the expiry of the withdrawal period, by ticking the box to this effect on the form, he/she will only be liable for the price of the Services calculated on a pro rata basis for the Services provided up to the day on which LIPITT was informed of the Consumer User's wish to withdraw.
Warranty of conformity
The Consumer User has a period of two years from the date of supply of the digital content or digital service to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During a period of one year from the date of supply, the Consumer User is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all updates necessary to maintain the conformity of the digital content or the digital service.
The legal guarantee of conformity entitles the Consumer User to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
The Consumer User may obtain a price reduction by keeping the digital content or the digital service or he may terminate the contract by obtaining a full refund in return for renouncing the digital content or the digital service, if :
The professional refuses to bring the digital content or the digital service into conformity,
The compliance of the digital content or service is unjustifiably delayed,
The digital content or digital service cannot be brought into conformity at no cost to the consumer,
Bringing the digital content or service into conformity causes major inconvenience for the consumer,
The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The Consumer User is also entitled to a reduction in the price or to rescission of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
Intellectual property right on the Platform
The Platform is the property of LIPITT, as are softwares, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that it uses. They are protected by all intellectual property rights or database producers' rights in force. The license granted by LIPITT to the User does not entail any transfer of ownership.
The User benefits from a non-exclusive, personal and non-transferable SaaS license to use the Platform for the duration specified in the article “Term of the Services”.
Authorisation to use the User's personality attributes
The User authorises, LIPITT, for the duration of the Subscription, to use the attributes of his/her personality, including his/her image, voice and name (the "Attributes") for the purposes of providing the Services and more particularly the Videos.
Where applicable, the User undertakes to obtain authorisation to use the image, name and voice of any person appearing in the Content and, consequently, the Video for the purposes of providing the Services and more particularly the Videos.
The User acknowledges and accepts that his/her voice and image may be modified for technical reasons.
Video property
The Videos are the property of the User.
1) Reuse of data to enhance the Services and the Platform
LIPIIT may re-use the Videos and related data to which it has access as part of the Services for the purpose of improving the Platform and the Services. LIPITT undertakes to use only aggregated or anonymised data that does not allow a given entity to be identified.
Commercial references
The parties may use their respective names, brands and logos, and refer to their respective services, as commercial references, for the duration of their contractual relationship and 3 years thereafter.
Obligations and liability of the User
Regarding the provision of information
The User undertakes to provide LIPITT with all the information necessary for the subscription and use of the Services.
Regarding the use of the Services
The User is responsible for its use of the Services and for any information it shares in this connection. It undertakes to use the Services personally and not to allow any third party to use them in its place or on its behalf.
More specifically, the User is solely responsible :
for any changes he/she makes to the Script. The User is solely responsible for their accuracy and completeness, and LIPITT may under no circumstances be held responsible for any errors, typos, omissions or information that may mislead LIPITT.
for the Content, the Video and the use he or she makes of the Video. LIPITT cannot be held liable in any way in this respect.
The User undertakes to take full responsibility for the supply and the costs of powering the Sensors.
The User shall refrain from using the Services for purposes other than those for which they were designed, and in particular for:
engage in any illegal or fraudulent activity;
undermine public order and morality;
infringe the rights of third parties in any way whatsoever;
violate any contractual, legislative or regulatory provision;
engage in any activity likely to interfere with a third party's computer system, in particular for the purpose of violating its integrity or security;
promote its services and/or sites or those of a third party;
assist or incite a third party to commit one or more of the acts or activities listed above.
The User also refrains from:
copy, modify or misappropriate any element belonging to LIPITT or any concept it exploits within the framework of the Services;
adopt any behavior likely to interfere with or hijack LIPITT's computer systems or undermine its computer security measures;
infringe the financial, commercial or moral rights and interests of LIPITT;
market, transfer or give access in any way whatsoever to the Services, to the information hosted on the Platform or to any element belonging to LIPITT.
Furthermore, the User agrees not to upload any Content on the Platform to make the Videos (this list is not exhaustive):
infringing public order or morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist);
infringing the rights of third parties (infringing content, personality rights, etc.) and more generally violating a contractual, legislative or regulatory provision;
prejudicial to third parties in any way whatsoever;
misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities;
harmful to the computer systems of LIPITT and/or third parties.
The User indemnifies LIPITT against any claim and/or action that may be brought against it as a result of the breach of any of the User's obligations. The User shall indemnify LIPITT for any loss suffered and shall reimburse LIPITT for any sums it may have to bear as a result.
Obligations and liability of LIPITT
LIPITT undertakes to provide the Services with diligence, it being specified that it is bound by an obligation of means.
LIPITT undertakes to comply with the relevant regulations.
Regarding the quality of the Services
LIPITT makes every effort to provide the User with quality Services.
To this end, it carries out regular checks to verify the functioning and accessibility of its Services and may thus carry out maintenance under the conditions specified in the article “Maintenance of the Platform”.
However, LIPITT is not liable for any temporary difficulties or impossibilities of access to its Services which may be due to:
circumstances external to its network (and in particular the partial or total failure of the User's servers);
the failure of equipment, cabling, services or networks not included in its Services or not under its responsibility;
interruption of the Services by telecom operators or Internet service providers;
intervention by the User, in particular through incorrect configuration of the Services;
force majeure.
Furthermore, LIPITT does not guarantee that the Services :
subject to constant research to improve performance and progress, will be totally free of errors, defects or faults,
are standard and in no way tailored to the User's personal constraints, and will respond specifically to the User's needs and expectations.
Regarding the Platform service level guarantee
LIPITT does not offer any service level guarantee for the Platform.
However, LIPITT makes its best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the event of scheduled maintenance under the conditions defined in the "Maintenance of the Platform" article or in the event of force majeure.
Regarding data backup on the Platform
LIPITT makes its best efforts to save all data entered or produced on the Platform.
Except in the case of proven fault on the part of LIPITT, LIPITT is not responsible for any loss of data during maintenance operations.
Regarding data storage and security
LIPITT provides sufficient storage capacity for the operation of the Services.
LIPITT makes its best efforts to ensure data security by implementing measures to protect the infrastructures and the Platform, to detect and prevent malicious acts and to recover data. In the event of a security incident or threats or situations of vulnerability, LIPITT undertakes to take the following measures:
reporting the incident to the host;
preparation of a report and incident log;
resorting to a specialized cyber security company;
interruption of access to the platform;
conducting a risk assessment.
Regarding subcontracting and assignment
LIPITT may use subcontractors in the performance of the Services, who are subject to the same obligations as LIPITT within the framework of their intervention. Nevertheless, LIPITT remains solely responsible to the User for the proper execution of the Services.
LIPITT may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the User. Where applicable, LIPITT will inform the User of this substitution by any written means.
Limitation of LIPITT’s liability
LIPITT's liability is limited solely to proven direct damage suffered by the User as a result of using the Services.
For the Professional User : With the exception of bodily injury, death and gross negligence, and subject to having made a claim by registered letter with acknowledgement of receipt, within a period of one month following the occurrence of the damage, LIPITT's liability shall not exceed three times the amounts it has received during the 12 months preceding the event giving rise to liability or the duration of the provision of its Services, whichever is the shorter.
Methods of proof
Proof may be established by any means.
The User is informed that the messages it has exchanged with LIPITT on any support, as well as the data collected, captured and/or produced on the Platform and LIPITT's computer equipment constitute one of the admissible methods of proof, in particular to demonstrate the reality of the Services performed and the calculation of their price.
Personal data
LIPITT has a data privacy policy which can be accessed here. It invites the User to read it.
Confidentiality
Unless otherwise agreed in writing by the other party, the parties respectively undertake to keep confidential, for the duration of their contractual relationship and 3 years thereafter, all information relating to or held by the other party, of which they may have become aware during the conclusion and performance of their contractual relationship.
This obligation does not extend to information :
of which the party receiving it was already aware;
already public at the time of communication, or which would become public without breach of this clause;
which has been lawfully received from a third party;
the communication of which would be required by judicial authorities, in application of laws and regulations or in order to establish the rights of a party within the framework of the contractual relationship between the parties.
Confidential information may be passed on to the parties' respective employees, collaborators, trainees, agents and co-contractors, provided that they are subject to the same obligation of confidentiality.
Sanctions for breaches
The following are essential obligations to the User (the "Essential Obligations"):
payment of the price;
not to provide incorrect or incomplete information to LIPITT;
not to engage in any illegal, fraudulent or infringing activities against the rights or safety of third parties, the breach of public order or the violation of applicable laws and regulations.
In the event of a breach of any of these Essential Obligations, LIPITT may :
suspend or terminate the User's access to the Services,
warn any competent authority, cooperate with it and provide it with all information useful for the investigation and repression of illegal or illicit activities,
take any legal action.
These sanctions are without prejudice to any damages that LIPITT may claim from the User.
In the event of breach of any obligation other than an Essential Obligation, LIPITT will request the User by any useful written means to remedy the breach within a maximum period of 15 calendar days. The Services will be terminated at the end of this period if the breach is not remedied.
Modification of the Terms and Conditions
LIPITT may modify its Terms and Conditions at any time and will inform the User by any written means (and in particular by email) 1 month at least before they come into force.
The modified Terms and Conditions will apply when the User's Subscription is renewed.
If the User does not accept these modifications, it must terminate its Subscription in accordance with the terms and conditions set out in the "Termination of the Services" article.
If the User uses the Services after the entry into force of the modified Terms and Conditions, LIPITT considers that the User has accepted them.
Force majeure
The parties shall not be liable for any failure or delay in the performance of their contractual obligations due to force majeure occurring during the term of their relationship. Force majeure includes :
any case meeting the conditions of article 1218 of the French Civil Code and recognized by jurisprudence;
strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or failure attributable to a third-party telecommunications service provider.
If one of the parties is prevented from fulfilling its obligations due to force majeure, it must inform the other party by registered letter with acknowledgement of receipt. Obligations will be suspended on receipt of the letter, and must be resumed within a reasonable time once the force majeure has ceased.
The prevented party nevertheless remains bound by the performance of obligations not affected by force majeure, and by all payment obligations.
Termination of the Services
The Subscription may be terminated no later than 3 days before the end of the current Period, by:
The User, directly and free of charge via the function provided for this purpose on the Platform or via its Account.
LIPITT, by sending an email to the User.
Any Period started is due in full.
Upon termination of the Services, the User no longer has access to the Platform.
The termination of the Subscription has no effect on the provisions hereof which are intended to continue beyond the end of the Subscription, and in particular the "Intellectual Property" and "Confidentiality" articles.
Mediation
In the event of a dispute between the Consumer User and LIPITT, the Consumer User may have recourse free of charge to the following consumer mediator with a view to an amicable resolution:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone number: 01 89 47 00 14
https://www.cm2c.net
If the Consumer User is a foreign consumer but located in the European Union, they can go to the European consumer law dispute resolution platform accessible here.
Applicable law and jurisdiction
The Terms and Conditions are governed by French law.
In the event of a dispute between the Professional User and LIPITT, and in the absence of an amicable agreement within 2 months of the first notification, the dispute will be submitted to the exclusive jurisdiction of the courts of Paris (France), except in the case of mandatory provisions to the contrary.