Legal information

DIGITAL ESSENCE SAS

14 rue de la Beaune

93100 Montreuil

France

800 709 180 RCS Bobigny

VAT: FR55 800 709 180

Publisher: Etienne Mathé

The website www.digitalessence.fr is hosted on the computer equipment of the company OVH Groupe SAS. Its registered office is: 2 rue Kellermann – 59100 Roubaix – France

The website is realized by Arnaud Berthonneau.

PRIVACY POLICY

1. Definition and nature of personal data

Whenever you use the platform, that can be accessed from Digital Essence’s website located at www.digitalessence.fr (hereinafter referred to as the “Platform”), for the purposes of using the provided services that enable you (i) to download the intuitive projection mapping software called EYS, (ii) to share the visual animations you’ve designed with the community of users’ of the EYS Software, we may request some personal information about you.

The term “personal data” refers to any and all information which enables an individual to be identified, more specifically your surname, first name(s), alias, photography, postal or email addresses, telephone number(s), IP address of the computer on which the software is downloaded and/or the IP address of any computer from which a post is send to the forum, data concerning transactions on the Platform, credit card number, as well as any other information about you which you may choose to provide us with.

2. Purpose of this Charter

The purpose of this charter is to inform you of the means by which we collect and process your personal data, with the strictest respect for your rights.

In this regard, we would like to point out that when collecting and managing your personal data, we comply with the current version of the French law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and the General data protection regulation n°2016/679.

3. Identity of the entity responsible for collecting and processing data

Responsibility for the collection and processing of your personal data lies with the company Digital essence, a simplified joint stock company, registered with the Registry of Trade and Companies of Bobigny under number 800 709 180, whose head office is located at 14 rue de la Beaune – 93100 Montreuil, France (referred to within the framework of this charter as “Us” or “We”).

4. Collecting and processing personal data

Your personal data is collected and processed for one or more of the following purposes:

To manage your access to and use of the services available on the Platform.
To improve your customer experience and the services provided on the Platform,
To carry out customer management operations relating to contracts, orders, deliveries, invoices, loyalty schemes, follow-up with customers, etc.
To compile a list of registered members, users, customers and prospective customers.
To issue newsletters, invitations and promotional advertisements. Should you not wish to receive these, we offer you the option to refuse them at the moment your data is being collected.
To compile commercial and web traffic statistics for our services.
To organize games and skill games and any other promotional activities, except gambling,
To manage reviews on products, services or content.
To manage unpaid invoices and potential disputes regarding the use of our products and services.
To adhere to our legal and regulatory obligations.

We shall inform you, when requesting your personal data, if certain information must be provided or if it is optional. We shall also inform you of the consequences should you not wish to provide this information.

5. Recipients of the collected and processed data

Our company’s staff, any authorities in charge of audits (external auditors in particular) and our subcontractors will have access to your personal data.

Government agencies or representatives of the law, ministerial officers or organisations responsible for the collection of debts may also be recipients of your personal data, for the sole purposes of meeting our legal obligations.

6. Assignment of personal data

Your personal data will not be assigned to, rented to or exchanged with any third party, with the exception of the client for which you are registered, and to whom we provide data concerning you, in relation with your using of the services.

7. Duration that personal data is retained

1. Regarding data relating to customer and prospect management:

Your personal data shall not be retained any longer than is strictly necessary for the management of our business with you. However, data proving the existence of a right or a contract must be kept in order to adhere to legal obligations and shall be held for the term stipulated by the applicable law.

Regarding potential prospecting operations for customers, their data may be held for a period of three (3) years after the termination of the business relationship in question.

Personal data relating to a prospective customer, who is not already a customer, may be held for a period of three (3) years from the moment it is collected or from the last contact with the prospective customer.

At the end of this period of three (3) years, we may contact you again in order to find out if you wish to continue to receive commercial canvassing.

2. Provisions specific to identity documents:

When exercising your right of access or correction, data relating to identity documents may be stored for the time limit provided for in article 9 of the French Criminal Procedure Code, namely one year. When exercising your right of opposition, these data may be archived during the term of limitation provided for in article 8 of the French Criminal Procedure Code, namely three years.

3. Provisions specific to bank card data:

Les transactions financières relatives au paiement des achats et des frais via la Plateforme, sont confiées à un prestataire de services de paiement qui en assure le bon déroulement et la sécurité.

Pour les besoins des services, ce prestataire de services de paiement peut être amené à être destinataire de vos données à caractère personnel relatives à vos numéros de cartes bancaires, qu’il recueille et conserve en notre nom et pour notre compte.

Nous n’avons pas accès à ces données.

Pour vous permettre de réaliser régulièrement des achats ou de régler les frais afférents sur la Plateforme, vos données relatives à vos cartes bancaires sont conservées pendant le temps de votre inscription sur la Plateforme et à tout le moins, jusqu’au moment où vous réalisez votre dernière transaction.

En ayant coché sur la Plateforme la case expressément prévue à cet effet, vous nous donnez votre consentement exprès pour cette conservation.

Data relating to the visual cryptogram or CVV on the back of your bank card are not stored.

Si vous refusez que vos données à caractère personnel relatives à vos numéros de cartes bancaires soient conservées dans les conditions précisées ci-dessus, nous ne conserverons pas ces données au-delà du temps nécessaire pour permettre la réalisation de la transaction.

In the case of a payment by bank card, however, data relating to the bank card may be stored as intermediary archives for evidence purpose in the case of possible disputes regarding the transaction, for the duration provided by article L.133-24 of the French Monetary and Financial Code, i.e. 13 months from the debit date. This duration may be extended to 15 months, to take into account the possible use of delayed debit card.

4. Regarding the management of opt-out lists compiled during prospecting activities:

Information enabling recognition of your right to opt-out is retained for a minimum of three (3) years following the exercising of your opt-out right.

5.Regarding web audience tracking statistics:

Information stored in users’ terminals, or any other means used to identify users and enabling them to be tracked or to measure the frequency of their visits, shall be retained for no longer than six (6) months.

8. Security

For your information, we take all necessary precautions and appropriate organisational and technical measures to maintain the security, integrity and confidentiality of your personal data, and especially to prevent it from being deformed or damaged and to prevent any third party from accessing it.

À ce titre, nous vous informons respecter les mesures de sécurité mises en place par notre prestataire d’hébergement de vos données à caractère personnel, la société OVH.

9. Hosting

We also hereby inform you that your data is stored solely on the servers of OVH Roubaix located in the European Union.

Your data will not be transferred outside the European Union as part of our conditions of use of the services we offer.

10. Cookies

Cookies are text files that are often encrypted and that your web browser stores. They are created when a user’s browser loads any given website: the site sends information to the browser, which then creates a text file. Each time the user comes back to the same site, the browser retrieves the file and sends it to the website server.

There are three types of cookie with differing purposes – technical cookies, social network cookies and advertising cookies:

Technical cookies are used throughout your browsing in order to facilitate and carry out certain functions. A technical cookie can be used, for example, to memorise responses submitted in a form or even user language or website presentation preferences, whenever such options are available.

Social network cookies can be created by social networking platforms to allow web designers to share the content of their sites on these platforms. These cookies may in particular be used by social networking platforms to trace the browsing of Internet users on the website in question, whether or not they use these cookies.

Advertising cookies can be created not only by the website which the user is browsing but also by other internet websites displaying advertising, ad banners, widgets or other elements on the page that is being displayed. These cookies can be used to carry out targeted advertising in particular, that being advertising which is determined by user browsing.
We use technical cookies. These are stored in your browser for a period of thirteen (13) months.

We don’t use social network cookies. Nevertheless, if we were to use such cookies, we would provide you prior information. These cookies would only be stored on your computer if you gave your consent. You could learn more about them, accept them or refuse them.

We do not use advertising cookies. However, should we use them in the future, we will inform you and seek your prior consent. You will have the option to disable these cookies should you wish to.

We use Google Analytics, which is a statistical audience analysis tool that generates cookies to measure the number of visits to the Platform, the number of page views and visitors’ activity on the Platform. Your IP address is also collected to determine the city you are connecting from. The storage duration of this cookie is indicated in Article 7 (v) of this charter.

We would like to remind you that you may refuse technical cookies and cookies generated by Google Analytics by configuring your browser to this end. However, such a refusal may prevent the Platform from functioning correctly.

11. Consent

Providing your personal data, in order to avail of the services we offer, represents your express consent for the collection and use of this data, in accordance with the provisions set forth in this charter and in the applicable legislation.

12. Access to your personal data

In accordance with French law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, and with the GDPR, you retain the right to obtain and, where appropriate, correct or delete any data concerning you, via online access to your account. You can also direct correspondence to:

– Email Address: contact@digitalessence.fr
– Postal Address: 14 rue de la Beaune – 93100 Montreuil

By way of reminder, any individual may, on legitimate grounds, request limitation of the processing of their personal data or oppose said processing.

13. Portability of your personal data

You have data portability rights regarding the personal data that you provide us, understood as data that you have actively and consciously declared in order to access and use our services, as well as data generated from your activity using the services. We remind you that these rights do not relate to data collected and processed on any other legal basis than the consent or implementation of the contract binding us.

These rights can be exercised free of charge, at any time, and in particular when closing your account on the Platform, in order to recover and keep your personal data.

In this context, we will send you your personal data, through any pertinent channels, in a commonly-used and machine-readable standard open format, in accordance with industry standards.

14. Lodging a complaint with a supervisory authority

You are also hereby informed that you have the right to lodge a complaint with a competent supervisory authority (e.g. the French National Commission for Information Technology and Liberties in France – CNIL) in the Member State that your place of residence or your workplace is located, or the place where your rights have been violated, if you consider that the processing of your personal data within the context of this Charter constitutes a violation of the applicable legal texts.

Such a complaint may be brought before an administrative or jurisdictional court without prejudice to any other claim. In such a case, you also have the right to an effective judicial and administrative redress if you consider that the processing of your personal data within the context of this Charter constitutes a violation of the applicable legal texts.

15. Amendments

We reserve the right to amend this charter at any moment, at our sole discretion, either in its entirety or in part. Such amendments shall come into effect once the new charter is published. Your use of the Platform following the entry into effect of these amendments, shall constitute acknowledgement and acceptance of the new charter. Failing that, and if you are not in agreement with the new charter, you should refrain from accessing the Platform.

16. Entry into effect

This charter came into effect on 2nd May 2018.

GENERAL TERMS AND CONDITIONS OF USE

1. Purpose

Digital Essence publishes an intuitive projection mapping software application called EYS (hereinafter referred to as the “Solution“), which can be accessed from the website www.digitalessence.fr (hereinafter referred to as the “Website“), enabling anyone who has downloaded the Solution (hereinafter referred to as the “User“) to create visual animations and project them onto different objects with one or more projectors, using a hardware and software configuration of their choice (hereinafter referred to as “Projects“).

The purpose of these General Terms and Conditions (hereinafter referred to as the “General Conditions”) is to define the terms and conditions for the provision of the services described above (hereinafter referred to as the “Services“) as well as to define the rights and obligations of the various parties within this framework.

Digital Essence and Users are hereinafter collectively or individually referred to as the “Party” or “Parties“.

The version of these General Conditions in force is the version that can be consulted online on the Website through a direct link on the Website’s home page. While using the Services, Users may be subject to certain conditions of use, specific to certain Services. These conditions are hereby incorporated into these General Conditions and, in the case of any inconsistency between the General Conditions and these specific conditions, the latter shall prevail.

2. Acceptance of the general conditions

Users declare that by registering for the Services, under the conditions provided for in the article hereunder “Registration Process”, they are aware of and expressly accept the contents of these General Conditions. This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any qualified acceptance shall be considered null and void. Users who do not accept to be bound by these General Conditions must not use the Services.

3. Access to services

The Services can be accessed by:

. Any individual having the full legal capacity to be bound by these General Conditions in their own name and on their own account. Any User who does not have this full legal capacity can only access the Services with the agreement of their legal representative.
. Any legal entity acting through an individual having the authorisation to contract for and on behalf of the entity.
The Website can be accessed by either private individuals or professionals within the framework of their business activity.

Access to the Services implies downloading the Solution. Digital Essence makes available to Users (i) a simplified version of the Solution, which Users can download free of charge (hereinafter referred to as the “Trial Version of the Solution”), or (ii) a more advanced version of the Solution, which Users may download after paying a subscription, under the conditions provided for hereunder in the article “Financial Conditions” (hereinafter referred to as the “Complete Version of the Solution”).

4. Registration process

In order to access the Services, Users must create an account with Digital Essence on the Website (hereinafter referred to as the “User Account”) following the process described hereunder. Users are required to:

. Fill in a registration form, providing all required information. Users agree to inform Digital Essence without delay of any changes in the said information at the contact address indicated in the article “Identification” of these General Conditions. Users ensure Digital Essence that the information they provide in the registration form when creating their User Account is exact.
. Choose the version of the Solution that they wish to download and, in the case where a User wishes to download the Complete Version of the Solution, choose the relevant subscription package.
Registering for the Services automatically allocates a personal space on the Website (hereinafter referred to as the “Personal Space”) enabling Users to manage their use of the Services, in a format and according to the technical means that Digital Essence deems the most appropriate.

Users hereby acknowledge and accept that they can access the Services by logging in to their User Account using their login ID and password, chosen at the time of registering.

Users download the Solution from their User Account and install it directly on their computer. Users access the features of the Solution from their computer through the Solution’s interface (hereinafter referred to as the “Interface”) by entering their login ID and password each time they log in.

Users who download the Trial Version of the Solution may, at any time, take out a subscription for the Complete Version of the Solution using the “upgrade” function which can be accessed in their Personal Space on the Website.

5. Strictly personal use

A single User Account may be created per User. The person whose personal information was provided on the registration form, as is required before use of the Services, is considered to be the User of the Services, and this excludes any other third party. Consequently, Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.

Users expressly acknowledge and accept that when an Account is opened on behalf of a legal entity, it may be operated by an authorized person whose personal information corresponds to those provided at the moment of registration for Services, as well as by the members of its staff. Each User is solely responsible for the proper use of the Services and the Account by the members of their staff, and this in compliance with these General Conditions.

Each User is also responsible for keeping their login ID and password confidential and expressly acknowledges that any use of the Services from their User Account shall be deemed to have been carried out by the User in question. In the event that a User discovers that their User Account was used without their prior knowledge, this User undertakes to inform Digital Essence as quickly as possible, at the address indicated in the Article “Identification” of these General Conditions.

6. Description of services

Digital Essence provides Users with the Services described below under the following conditions:

6.1 Provision of the Solution's features

Digital Essence provides Users with the following features, through the Interface:

Connection to Projector

Digital Essence provides Users with a connection to a projector enabling them to project the visual animations they have created onto real objects and/or any surface.

Users who use the Demo Version of the Solution may only use a single projector connected to the Solution for the projection of the visual animations. Users who use the Complete Version of the Solution may use several projectors simultaneously, acknowledging that this is only limited to the technical capacity of the equipment used by the Users in question, to project the visual animations.

Digital Essence provides Users, through the Interface, (i) with a black projection screen enabling them to project the created animations onto objects and/or surfaces using one or more projectors, and (ii) with a window enabling them to view the visual animation on their computer screen as it is created.

Creation of Faces

Digital Essence provides Users with a design tool enabling them to draw geometric shapes that mark off a space in which Users may insert a visual animation (hereinafter referred to as “Faces”).

A Face is drawn with the mouse, based on the shape of a real object, such as an item of decoration, the façade of a building, or a piece of furniture, in order to match the structure of the object with the shape that is automatically adapted to it using the black projection screen.

Users may design one or several Faces enabling them to split an object into several distinct sections.

Creation of Animations

Digital Essence provides Users with a module on the Interface, that enables them to access the library of their computer and to import video files and/or images from their computer to the Interface and to drag and drop them into the Faces to fill them.

Digital Essence also provides Users with a library of ready-to-use lighting visual effects that can be accessed on the Interface (hereinafter referred to as “Effects”).

Users may apply one or more Effects to the Faces and the videos and/or images they have imported. Each Effect can be adjusted in accordance with the different characteristics of each Effect enabling Users to vary the final result obtained once each Effect is applied on one or more Faces.

Digital Essence also provides Users with a “Sequencer” feature on the Interface, enabling Users to save of different Effects compositions and to apply them successively on one or more Faces, following a set order decided by Users or randomly, at the Users’ discretion (hereinafter referred to as the “Sequence”).

By applying Effects and/or Sequences to the Faces enables Users to create a projected visual animation using one or more projectors onto an object and/or a surface (hereinafter referred to as the “Visual Animation”).

Audio Synchronisation

Users have the option to import sound files from their computer to the Interface using media import tools provided by Digital Essence.

Digital Essence provides Users with a “Synchronisation” feature in the Interface, enabling them to synchronise the various Effects and/or Sequences applied to the Faces with sound.

The sound analysis feature enables Users to have Effects and/or Sequences triggered depending on the volume of the sounds picked up by the Solution, determined by the Users, and/or to synchronise the triggering of Effects and/or Sequences by low or high frequencies.

Saving

In the Demo Version of the Solution, the User does not have the possibility to save the created Visual Animations, nor the Sequences, on his computer. The Visual Animations and/or Sequences remain available only as long as the Solution remains open on the User's computer, and the User acknowledges that he/she is informed that the said Visual Animations and/or Sequences will be definitively lost each time he/she closes the Solution.

In the Paid Version of the Solution, the User has the possibility to save the Visual Animations and save them in the library of his computer. The Sequences can also be saved directly to the computer's hard drive.

6.2 Provision of an Effects development tool

Digital Essence provides Users who have subscribed to the Complete Version of the Solution with an image processing API that enables them to develop new Effects.

Effects that are created by Users are saved in the Effects library of the version of the Solution downloaded to their computer. Effects created by Users are not made available to the community of Users of the Solution.

Digital Essence provides Users with a “Share” feature enabling them to transfer the created Effects to any other application and/or image processing or video mapping solution.

6.3 Support and Training

Digital Essence may provide Users with a specific support and/or training service for using the Solution, in order to enable them to design Visual Animations.

These Services shall be provided through any means deemed useful by Digital Essence. The conditions of these Services shall be defined specifically between the Parties by mutual agreement.

Users who wish to subscribe to these Services must fill in the relevant online form, available on the Website through the “HeavyM Education” tab.

6.4 Creating Visual Animations

Digital Essence offers Users services for the design and creation of made-to-measure turnkey Visual Animations for any type of event, such as fairs, conferences, exhibitions and/or marketing or cultural operations.

These Services shall be provided through any means deemed useful by Digital Essence. The conditions of these Services shall be defined specifically between the Parties by mutual agreement. Users who wish to subscribe to these Services must fill in the relevant online form, available on the Website through the “Conatct” tab.

6.5 Other services

Digital Essence reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service, whether free of charge or for payment.

7. Term

If a User has downloaded the Trial Version of the Solution, the Parties agree that these General Conditions are valid for the entire term of the User Account, until said account is closed by either Party, for whatever reason, under the conditions provided for in the Article “Closing a User Account” hereunder.

If a User has taken out a Subscription to the Complete Version of the Solution under the conditions set out hereunder in the Article “Financial Conditions”, the Parties hereby agree that these General Conditions are valid for the entire term of the Subscription.

8. Financial conditions

8.1 Prices

Use of the Demo Version of the Solution is free of charge.

Use of the Complete Version of the Solution requires payment. Digital Essence offers different subscription packages depending on the duration of the subscription described on the Website (hereinafter referred to as the “Subscription“). The applicable pricing scheme shall be the pricing scheme in force at the date of registration, as indicated on the Website. Prices are expressed in Euro and are inclusive of French taxes.

Digital Essence reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.

Access to the other Services shall be subject to specific negotiation between the Parties, by mutual agreement and shall give rise to the signing of a specific Sales Order.

8.2 Terms of payment

Users agree to pay the Subscription fees on their due date as specified in the chosen Subscription package and as indicated on the Website at the due dates also indicated.

Payment of the Subscription fee is made online, by banking card, using Stripe’s secure online payment service or by any other means that may be proposed on the Website at the time of ordering.

To process an order, the User shall register its banking details which matches with the bank account on which the amounts due shall be paid. Those banking details shall be raised and stored by Stripe and shall be stored in a secured way for the duration of the Subscription.

Users ensure Digital Essence that they dispose of the required authorisation to use the chosen means of payment.

Digital Essence shall send Users an invoice, through any pertinent channels and at its own convenience, within seven (7) days of the payment date.

8.3 Non-payment

Users are hereby informed and expressly agree that any lateness of payment of all or part of an amount at its due term, will automatically entail, without prejudice to the provisions set out in the Articles “Sanctions for Breaches” and “Termination”, and this without prior formal notice:

Forfeiture of the term of all amounts due by the User in question and the requirement of their immediate payment
Immediate suspension of current Services until complete payment is made by the User in question of all amounts due
Digital Essence’s invoicing of interest on late payments will be at the rate of five (5) times the legal interest rate, in addition to the total of all amounts due by the Customer and of a lump sum indemnity of forty (40) Euro in respect of recovery costs.

9. Express waiver of right of withdrawal

This article shall apply only to the Users who access to the Services for their personal needs under a subscription, to the exclusion of any professional use.

Users are hereby informed that a right of withdrawal usually applies to service provision contracts concluded online between a professional and a consumer, and this right must be exercised within fourteen (14) days of the conclusion of the contract.

The User may exercise this right by contacting Digital Essence at the email address indicated in the article “Identification” before the expiry of the aforementioned period by completing the withdrawal form provided on the Website, or by sending Digital Essence any other unambiguous statement expressing the desire of the former to withdraw from the sale.

The exercising of the right of withdrawal does not require explanation or justification. The User will not be liable for any penalties with respect to the exercising of their right of withdrawal, the only exception being the return costs which remain at their expense. The User acknowledges that the Services shall only be provided at the end of the duration of the withdrawal period. Nevertheless, the User is informed he may ask for immediate provision of the Services by checking the appropriate box at the date of the order. In this case, the User agrees that if he exercises his right of withdrawal, he shall reimburse to Digital Essence the sums that are due for the provision of the services until the date of the exercise of the withdrawal.

10. Non-commercial use

Users agree not to make money from, sell, lease or exchange, or more generally, trade all or part of their access to the Services, to the Website servers, or to the Solution, or to the information and/or texts, images, or other content used by the Company and/or any other User on the Website, directly or indirectly, within the framework of their use of the Services. Users agree not to include the Solution and / or the Services and / or the information, texts, images and other content used by the Company in any other product for the purpose of marketing said product including one or the other of these elements, without the prior and express agreement of the Company.

11. Users' obligations

Without prejudice to other obligations provided for in these General Conditions, Users undertake to respect the following obligations.

1. Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
The User is also solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that may be due in connection with his use of the Services.
2. Users acknowledge having read and understood the specifications and constraints, particularly of a technical nature, of the entire range of Services, as indicated on the Website.
3. Users agree to provide Digital Essence with all documents, elements, data and information necessary for the proper execution of the Services. More generally, Users agree to actively cooperate with Digital Essence for the proper execution of these General Conditions and to inform the latter of any difficulties in such execution.
4. Each User is solely responsible for the Visual Animations and/or comments that they post, within the framework of the Services, to the Forum, after validation by Digital Essence.
Each User guarantees Digital Essence that the former has all the necessary rights and authorisations for the publication of these Visual Animations and/or comments.

Users agree that the said Visual Animations and/or comments are legal, do not disrupt public order, are not contrary to accepted standards of public decency, do not infringe any third party rights or legal provision and/or regulation, and, more generally, are in no way likely to bring the civil or criminal liability of Digital Essence into play.

Users therefore undertake to refrain from publishing, in particular, but not limited:

Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature
Counterfeit content
Content that is detrimental to the image of any third party
Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities
Content that could harm a third party’s computer system (such as viruses, worms, Trojan horses, etc.)
And more generally any content that is likely to infringe on the rights of others or cause harm to others in any manner or form.

12. Intellectual Property

12.1 Intellectual Property of Digital Essence

These General Conditions do not grant Users any intellectual property rights on the Solution or the Website, or the logos or trademarks used by Digital Essence within the Solution, the Website or the Forum within the framework of the provision of the Services, which all remain the exclusive, full and unequivocal property of Digital Essence.

Digital Essence grants Users of the Trial Version of the Solution, for the term of these General Conditions and worldwide, the non-exclusive, personal and non-transferable right to use the Solution, in the version existing on the day of signing these General Conditions, as well as to use the relating technical documentation, for the sole purposes of creating Visual Animations.

If a User takes out a Subscription for the Complete Version of the Solution, Digital Essence grants this User, for the Subscription Term, and this worldwide, the nonexclusive and non-transferable right, to use the Solution, in the version existing on the day of signing these General Conditions, as well as any future versions made available to them on the Website, as well as to use the relating technical documentation, for the sole purposes of creating Visual Animations, for a limited number of workstations as stipulated in the chosen Subscription package, chosen at the time of taking out said Subscription. Users acknowledge that in order to install the Complete Version of the Solution on any additional workstations, they must take out a Subscription for an additional licence for the number of desired workstations.

The current licence to use the Solution is granted to Users subject to full payment of the Subscription fee, under the conditions provided for in the Article “Financial Conditions” above.

In any case, Users expressly agree not to use the Solution for any other purpose than that for which it was intended, and agree not to attempt to reproduce, adjust or adapt the Solution, make it available to any third parties, create any product derived from all or part of the Solution, sell or lease the Solution.

Any reproduction, representation, distribution, adaptation or sale of any of the elements referred to in this Article by any User, not in compliance with the aforementioned provisions, would constitute the offence of counterfeiting, in accordance with the provisions of Article L.335-3 of the French Intellectual Property Code.

Notwithstanding the foregoing, the copying and private representation of said elements are authorised, provided that they are strictly reserved for the Users’ private use and not intended for collective use, and not for commercial purposes.

12.2 Intellectual Property of Users

Users authorise Digital Essence, non-exclusively and free of charge, worldwide and for the full legal term of copyright, to exercise the intellectual property rights that they hold on the Visual Animations, for the sole purposes of:
Publishing the Visual Animations on the Forum
Publishing the Visual Animations on any French or foreign Internet website, published by Digital Essence or by any other third party, and/or on any media, for the purposes of promoting the Solution and/or the Services.
For these purposes, the authorisation granted to Digital Essence under the terms of these General Conditions shall cover:

The right to reproduce all or part of the Visual Animations, in their original format or copies thereof, in any format and on any media, known or unknown, such as printed, electronic, digital or computer media, through any existing or future, foreseen or unforeseen, material or virtual means or process.
The right to publicly represent or to publish, all or part of the Visual Animations, on any media and through any current or future, known or unknown channels of publication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters, aimed at any audience.
The right to associate the Visual Animations with any visual, audio and/or textual elements.
The right to use all or part of the Visual Animations to incorporate them in or exploit them through, without this list being exhaustive, any products, multimedia, audio-visual media, websites, games or applications.
The right to use the Visual Animations for promotional or advertising purposes.

All or part of the rights described above may be exercised directly and/or indirectly by Digital Essence or transferred by Digital Essence to a third party, according to terms and conditions that Digital Essence would deem the most appropriate.

Moreover, Users having created Visual Animations authorise the other Users, non-exclusively and free of charge, worldwide and for the full legal term of copyright, to use the Visual Animations posted to the Forum for the sole purposes of creating new Visual Animations for non-commercial use. For this sole purpose, the authorisation granted to Users under the terms of these General Conditions shall cover:

The right to reproduce all or part of the Visual Animations, in their original format or copies thereof, in any format and on any media, known or unknown, such as printed, electronic, digital or computer media, through any existing or future, foreseen or unforeseen, material or virtual means or process.
The right to publicly represent or to publish, all or part of the Visual Animations, on any media and through any current or future, known or unknown channels of publication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters, aimed at any audience.
The right to associate the Visual Animations with any visual, audio and/or textual elements.
Each User guarantees Digital Essence and the other Users that the Visual Animations do not constitute an infringement on any other element belonging to a third party, and especially any other User.

Each User guarantees Digital Essence against any complaint, claim, grievance and/or action from any other User(s) and/or third parties claiming that the Visual Animations constitute an infringement on their rights, of any nature whatsoever and in particular their intellectual property rights, or their rights of publicity or privacy. Consequently, each User agrees to compensate Digital Essence and/or the other User(s) for any prejudice that Digital Essence or the other User(s) would be subject to and agrees to pay any damages, as well as any fees, charges or expenses that Digital Essence or the other User(s) could be ordered to pay, or which would be provided for in a settlement agreement signed by Digital Essence and/or the other User(s) after having obtained the prior agreement of the User in question.

13. Technical support

Digital Essence offers Users support that is free of charge and that can be accessed through the “Contact” tab on the Website or by email at the following address: contact@digitalessence.fr enabling Users to obtain any information necessary relating to use of the Solution.

Digital Essence undertakes to reply to any support request within a maximum of forty-eight (48) hours from receipt of said request, calculated based on an intervention window that runs from Monday to Friday, excluding public holidays, from 9 am to 6 pm (hereinafter referred to as the “Support Window”).

14. Maintenance

14.1 Corrective Maintenance of the Solution

Digital Essence ensures, free of charge, the corrective maintenance of the Solution, this being understood as diagnostics and correction of any anomaly affecting its operation.

Users undertake to report to Digital Essence any anomaly, this being understood as any incident of a reproducible malfunction that reduces or prevents use of the Solution as described in its technical documentation, and that cannot be attributed to misuse of the Solution, and this notification shall be sent as quickly as possible to the email address indicated in the Article “Technical Support”. Users undertake to describe the difficulties encountered and the circumstances under which they occurred as precisely as possible.

Digital Essence undertakes to carry out remote diagnostics of the anomaly, based solely on the information provided by Users in the incident report.

Digital Essence undertakes to provide Users with any updates of the Solution monthly, these updates being understood as a compilation of corrections of anomalies and improvements brought to the Solution in relation to ergonomics, developed following receipt of any declaration of anomaly during the previous month.

Digital Essence shall inform Users of the Solution, on the Website, when there is any new version of the Solution, which can be downloaded from their User Account.

Digital Essence may also send Users a link where they may download the Solution again. In this regard, Digital Essence shall not be held liable for any loss, destruction or alteration of any Visual Animations.

It is hereby expressly agreed between the Parties that any failure to respect any agreement in this Article shall not be considered as a breach of these General Conditions and liability shall be limited under the conditions provided for in the Article “Limitation of Liability and Guarantees” below.

Users shall install updates themselves, strictly following the instructions given by Digital Essence and attached to the patch.

14.2 Evolutive Maintenance of the Solution

Digital Essence provides Users with evolutive maintenance services for the Solution, free of charge, being understood as the provision of any new versions, which would include the addition of new features to the Solution, enabling the improvement of the Solution’s existing features, as well as the development of new features.

These new versions shall be provided to and installed automatically for Users of the Complete Version of the Solution and shall be made available on the Website for Users of the Trial Version of the Solution. Digital Essence shall inform Users of the Trial Version of the Solution, on the Website, when there is any new version of the Solution, which can be downloaded from their User Account.

Digital Essence shall solely decide on the number of new versions that it shall provide throughout the term of these General Conditions. Digital Essence may decide not to provide any new version during the Subscription Term.

15. Personal data

Digital Essence declares that it collects and processes data relating to Users and hosts this data on the Website for the purposes of operating the Services. This data constitutes personal data as understood in the French Law N° 78-17 of 6th January 1978 and the General data protection regulation.

Digital Essence hereby declares that it complies with all obligations and regulations it is subject to with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the collected and processed data. Digital Essence undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).

Data thus collected and processed shall be used for the purposes of, and under the conditions stipulated in, the Charter concerning the Protection of Personal Data, that can be accessed from the home page of the Website and which the Customer is expressly invited to read.

16. Customer references

Users, when they use the Services as a professional within the framework of their business activity, expressly authorise Digital Essence to cite and reproduce the former’s trade name and/or trade mark and/or logo as customer references, especially at trade fairs or promotional events, in its business documents and on its Internet website, in any form, for a period of five (5) years from the date of signing these General Conditions.

17. Prohibited behaviour

It is strictly prohibited for Users to use the Services to the following ends:

Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
Violating public order or any local policies or laws
Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party’s computer system, violating its integrity or its security
Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above
And more generally, any action that uses the Services for any other purpose than that for which they were intended.

The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Digital Essence’s IT systems, (iii) any hijacking of the Website’s system resources, (iv) any acts that would place a disproportionate load on the Website’s infrastructure, (v) any attempts to breach the Website’s security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Digital Essence or of the Users of its Website and finally, more generally, (vii) any breach of these General Conditions.

18. Third party websites

Users hereby acknowledge and accept that Digital Essence shall in no way be held responsible for the technical availability or unavailability of Internet websites and/or mobile applications operated by third parties that Users may access through links on the Website and/or the Forum and/or the Solution. Digital Essence shall not assume any liability for content, advertising, products and/or services that are available on such third party software, websites or mobile devices.

Digital Essence shall not be liable either for any potential transactions conducted between Users and any advertisers, professionals or salespersons to which Users may be oriented through the Website and/or the Forum and/or the Solution and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or other obligations whatsoever provided by these third parties.

19. Limitation of liability and guarantees

Digital Essence agrees to provide the Services with diligence and in compliance with trade practice, bearing in mind that it has an obligation to provide means, but this without any obligation of result, and this is hereby expressly acknowledged and agreed by Users.

Users declare to have been informed that Digital Essence’s role in these General Conditions is limited to the provision of the Services described in the Article “Description of Services”. Users are hereby expressly informed and accept that the Solution is a simple tool for the creation of Visual Animations.

Users hereby acknowledge that Digital Essence has no knowledge of the images and/or videos that are used by Users for the creation of Visual Animations within the context of the Services and posted to the Forum, and shall not moderate, select, check or monitor in any way this content, and with regard to which, Digital Essence only intervenes within its role of hosting provider.

Digital Essence declines all responsibility in the event of potential loss or deterioration of the Visual Animations stored by Users on their computers. Digital Essence also declines all responsibility in the event of loss or deterioration of said Visual Animations during maintenance operations on the Website and/or the Solution.

Digital Essence does not guarantee Users that the Services, which are subject to constant research to improve their performance and their development in particular, shall be totally free of errors, faults or defects.

In any event, any liability that could be incurred by Digital Essence from the use of the Complete Version of the Solution is expressly and solely limited to direct actual damages suffered by Users. Digital Essence shall not be held liable to Users for the payment of direct, material, commercial, financial or moral damages, of any nature whatsoever, caused during the Users’ use of the Services, for an amount exceeding the amounts invoiced by Digital Essence by way of compensation for the Services that gave rise to its liability, at the time the alleged damages occurred. Moreover, Digital Essence’s responsibility can only be assumed if a User sends the former a claim, by registered letter with acknowledgement of receipt, within a period of one (1) month following the said occurrence.

In the case of use of the Trial Version of the Solution, Digital Essence shall not be held liable to Users of this version for the payment of any damages of any nature, be they direct or indirect, material, financial or moral, resulting from the Users’ use of the Services or of the Solution.

20. Non-competition

The User undertakes not to develop or have developed or to participate in the development, nor to market or have marketed any software being identical and/or similar to the Solution, for its own account and/or on behalf of a third party, on all territories, for the whole term of this Agreement and a period of three (3) years following the termination of this Agreement, for any reason whatsoever.

21. Waiver

If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.

22. Force majeure

Digital Essence shall not be held liable to Users in the event that the former’s performance of their obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure are those generally recognised as such by jurisprudence and the French courts.

An event of force majeure shall initially suspend operation of the Services for a period that shall not exceed two (2) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.

23. Modification

Digital Essence reserves the right to amend these General Conditions at any time. Digital Essence also reserves the right to amend and/or cease to provide all or part of the Website’s services, at its sole discretion.

Users shall be informed of any amendments through all pertinent channels, at least fifteen (15) days before their entry into force. The amended General Conditions shall be immediately applicable for all Users once they are published on the Website.

24. Language

In the event that these General Conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

25. Invalidity

Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question shall be deemed invalid or inapplicable, and the other provisions shall remain in full force and retain their full scope.

26. Identification

Digital Essence is a simplified joint stock company, registered under number 800 709 180 with the Registry of Trade and Companies of Bobigny, and whose head office is located at 14 rue de Beaune – 93 100 Montreuil.
Digital Essence may be contacted through any of the following channels:

Telephone: +33 (0)1 48 57 56 79
Email Address: contact@digitalessence.fr

27. Mediation

The stipulations of this article are only applicable to the non-professional User who uses the Website for their private needs, excluding those using it in relation with their professional business activity.

In the event of a dispute relating to these General Conditions, the non-professional User has the option to contact a consumer ombudsman, free of charge, in accordance with the provisions set out in Articles L612-1 of the French Consumer Code, and this prior to undertaking any legal proceedings.

In this respect, the non-professional User is informed that Digital Essence uses the mediation services of FEVAD.

The non-professional User also has the option to file a complaint via the platform for Online Dispute Resolution, which can be accessed at the following address: webgate.ec.europa.eu In the event of failure to appoint a mediator or in the mediation itself, the most diligent party may refer the matter to a court of competent jurisdiction in accordance with the terms of the article below.

28. Law and jurisdiction

These General Conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or application of these General Conditions, the Parties hereby agree that the courts of Paris will be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

When the Customer is a consumer within the meaning of the introductory article of the French Consumer Code, they may seize one of the territorially-competent courts in accordance with the French Code of Civil Procedure or the local court of the location where the Customer resided at the time the contract was concluded or at the time of the occurrence of the damage-causing event, in accordance with the provisions of Article R.631-3 of the same Code.

29. Entry into force

These General Conditions become effective on 2nd May 2018.