General Terms and Conditions of Service for Ausha PRO offers
Version dated 06/26/2026
This agreement is entered into between:
AUSHA
AUSHA, a simplified joint-stock company (Société par actions simplifiée) with a capital of €1,224,720, whose registered office is located at 679 Avenue de la République, 59800 Lille, registered with the LILLE MÉTROPOLE Trade and Companies Register under number 879 276 723, represented by its legal representative,
Hereinafter referred to as “AUSHA,” on the one hand,
And:
Any professional wishing to subscribe, on the basis of a quote, to services provided by AUSHA, including access to the AUSHA platform accessible via the website https://app.ausha.co (hereinafter referred to as “the Platform”).https://app.ausha.c
Hereinafter referred to as “the Client,” on the other hand,
Hereinafter collectively referred to as “the Parties” and individually as “a Party.”
PREAMBLE
AUSHA develops and operates a SaaS software solution and provides professional services enabling Clients to manage, distribute, and promote their Podcasts and audiovisual content, as well as to benefit from consulting and professional services.
AUSHA’s services may be subscribed to via standard offers available online at https://app.ausha.co or via customised offers established by quote (reserved for businesses). These General Terms of Service apply exclusively to the second category of offers.https://app.ausha.co
Any Order placed with AUSHA implies the Client’s full and unconditional acceptance of these General Terms of Service, which shall prevail over any other general or specific terms of the Client.
AUSHA reserves the right to amend these General Terms of Service at any time. It is, however, agreed that the terms applicable to the Client shall be those in force at the date of the Client’s Order.
These General Terms of Service are the exclusive property of AUSHA. Any reproduction, even partial, is strictly prohibited.
ARTICLE 1 – DEFINITIONS
“Client”: refers to the professional within the meaning of the Consumer Code placing an Order with AUSHA.
“Access Code”: refers to the personal username and password enabling the User to access the Client’s Account.
“Order”: refers to the Client’s acceptance of AUSHA’s Commercial Proposal.
“Account”: refers to the Client’s dedicated management space.
“General Terms of Use”: refers to the general terms of use of the Platform available at: https://www.ausha.co/fr/cgu/.https://www.ausha.co/fr/cgu/
“Content”: refers to all elements (audiovisual, audio, textual, graphic, data, metadata, links, etc.) uploaded, stored, edited, or distributed by the User via the Platform, whether intended to be hosted by AUSHA or used within the various service modules, excluding elements from AUSHA’s databases.
“Agreement”: refers collectively to the Commercial Proposal, these General Terms of Service, and the General Terms of Use.
“Show” or “Podcast”: refers to a production consisting of multiple audio files (Episodes) grouped together and made available on the Internet.
“Episode”: refers to an audio sequence belonging to the Show, defined in particular by a title, description, and image.
“RSS Feed”: refers to a file containing textual information about the Show and its Episodes, automatically updated with every change made to the Show or its Episodes.
“Platform”: refers to the interactive tool provided by AUSHA, accessible via the website https://app.ausha.co.https://app.ausha.co
“Cover”: refers to the image or artwork representing the Podcast published by the Client.
“Commercial Proposal” or “Quote”: refers to the commercial proposal and any annexes describing the particular terms and conditions of AUSHA’s offer: subscribed services, timelines, pricing, any reservations, offer validity period, etc.
“Service”: refers to all or part of the SaaS software solutions and services provided by AUSHA, including in particular hosting, distribution, marketing and SEO tools, advertising modules, as well as consulting and professional services (Professional Services) provided under the Quote.
“User”: refers to the Client as a natural person, the Client’s partners, its own employees, or those of companies under a management contract with which the Client is contractually linked, who have access to the Platform.
ARTICLE 2 – PURPOSE
These General Terms of Service are intended to define the contractual relationship between AUSHA and the Client, and in particular the terms and conditions for placing Orders by the Client.
The contractual documents are ranked in the following order of precedence:
the Commercial Proposal,
these General Terms of Service,
the General Terms of Use.
In the event of any conflict between them, the contractual documents shall prevail over one another in the order set out above. They supersede and replace any previously signed contractual document between the Parties with the same subject matter that is currently in force.
ARTICLE 3 – PLATFORM FEATURES
3.1. Description of Services
The AUSHA Platform is an evolving solution that enables the Client to access a range of Services and features. These Services may include, without limitation:
Hosting, distribution, and promotion of Podcasts and audiovisual content;
Statistical analysis and marketing tools;
Content management and communication modules;
Tools to assist with SEO optimisation and content promotion;
Consulting, advisory, or training services (Professional Services);
Advertising management tools enabling the Client to integrate and manage campaigns on their own Content.
3.2. Scope of the Offer
The Client acknowledges that access to features and Services is determined by the Commercial Proposal and the subscribed pricing offer. AUSHA reserves the right to offer optional modules or new services, which may be subject to separate billing or specific terms.
3.3. Service Evolution
AUSHA regularly updates its Platform. As such, AUSHA may modify, add, or remove features or services, provided that this does not substantially alter the quality or essential characteristics of the Services subscribed to by the Client.
ARTICLE 4 – SUBSCRIPTION TERMS
The Client’s acceptance of the Commercial Proposal prior to its expiry constitutes a firm Order. Any Order is irrevocable, unless modification or cancellation is accepted in writing by AUSHA.
AUSHA will promptly notify the Client by email of the recorded Order confirmation containing the information provided by the Client.
All data provided and the recorded confirmation constitute proof of the transaction. AUSHA will archive Orders and Order confirmations on a reliable and durable medium, constituting a faithful copy, in accordance with Article 1379 of the Civil Code.
Additional requests must be subject to a new Commercial Proposal under the same conditions.
If, during a previous Order, the Client has partially or fully failed to fulfil its payment obligation, AUSHA may legitimately refuse to issue a new Commercial Proposal or validate any new Order.
ARTICLE 5 – DURATION OF THE AGREEMENT
5.1. Duration of Services
The Agreement takes effect from the date of validation of the Commercial Proposal by the Client for the initial term indicated on the invoice.
Unless otherwise specified in the Commercial Proposal, the initial commitment period is twelve (12) months. At the end of this initial period, the Agreement is automatically renewed for successive periods of the same duration, unless terminated by email to [email protected] at least one (1) month before the anniversary date.
5.2. One-off Professional Services
For Services that are not subscription-based in nature (consulting, training, development, etc.), the Agreement is entered into for the duration necessary for the complete completion of the service as defined in the Quote.
ARTICLE 6 – FINANCIAL TERMS
6.1 – PRICING AND PAYMENT TERMS
Services are provided at the price stated in the Commercial Proposal established by AUSHA and accepted by the Client. Prices are stated exclusive of taxes and are subject to applicable taxes in force at the date of the Order.
An invoice — showing VAT for European clients — will be sent to the Client by email.
6.2 – BILLING AND PAYMENT MODALITIES
Billing terms vary depending on the nature of the subscribed Services:
For subscription-based Services (Hosting, Recurring Modules): Invoices are payable by credit card or bank transfer within thirty (30) days from the date of the Order for the initial period, and from each anniversary date of the Agreement for each renewal period, unless otherwise agreed in the Commercial Proposal.
For Professional Services (Training, Consulting, etc.): These services are invoiced in full at the time of the Order. Payment is due within thirty (30) days from the invoice date, unless otherwise specified in the Quote.
Advertising Services / Media Buying: Any services related to advertising campaign distribution are invoiced in full at the time of the Order. The Service will only be activated upon AUSHA’s receipt of full payment.
Payment for subscribed Services is due for the entire duration provided in the Agreement, including where the Agreement is subject to early termination on the basis of a contractual breach attributable to the Client.
6.3 – DEFAULT OF PAYMENT
Any amount not paid by its due date shall automatically accrue, on the outstanding amount:
a fixed recovery fee of forty (40) euros, without prejudice to AUSHA’s right to claim additional compensation if the recovery costs incurred exceed the fixed fee amount;
late payment interest calculated at a rate of three times the legal interest rate, until full payment of the amount owed by the Client.
In the event of non-compliance with the payment terms set out in the Agreement, AUSHA also reserves the right to:
suspend the performance of its obligations, including the Client’s access to the Platform, until full payment of the outstanding amounts;
require immediate payment before any new Order.
6.4 – REVISION OF SERVICE PRICING
AUSHA reserves the right to amend its pricing at any time, subject to the following provisions:
The price of the Services, as initially subscribed by the Client, shall remain applicable until the renewal date of the Agreement. Any pricing changes shall only take effect from that date.
AUSHA will inform the Client of any pricing changes sufficiently in advance to allow the Client to terminate the Agreement in accordance with the conditions set out in Article 5 of these General Terms of Service, should the Client not accept the new pricing.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Clients whose Agreement does not fall within the scope of their main business activity and whose number of employees is five (5) or fewer shall have a right of withdrawal under the conditions set out below.
The Client has a withdrawal period of fourteen (14) days, beginning the day after their subscription, without needing to provide a reason or incur any penalties.
This request must be made by registered letter with acknowledgement of receipt addressed to AUSHA.
In the event of the exercise of the right of withdrawal, AUSHA will reimburse the Client in full for all amounts paid, without undue delay and, at the latest, within fourteen (14) days from the date on which it was informed of the Client’s decision to withdraw.
The reimbursement will be made using the same payment method as that used by the Client for the initial transaction, unless the Client expressly agrees for AUSHA to use another payment method and provided that such reimbursement does not incur any costs for the Client.
The exercise of the right of withdrawal terminates AUSHA’s obligation to provide the Services.
Furthermore, in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for services fully performed before the end of the withdrawal period and whose performance began with the Client’s prior express consent and explicit waiver of the right of withdrawal.
Consequently, for any Service whose performance begins immediately at the Client’s request (including in particular the activation of advertising modules, the launch of campaigns, or urgent consulting services), the Client expressly agrees that the Service will begin before the end of the 14-day period and thereby formally waives their right of withdrawal.
If the Service has only been partially performed at the time of withdrawal, the Client shall remain liable to AUSHA for an amount proportional to the service provided up to the point of notification of withdrawal.
ARTICLE 8 – PROVISION OF SERVICES
Services will be made available to the Client on the dates and/or within the timeframes indicated in the Commercial Proposal, such dates and/or timeframes being purely indicative. AUSHA shall not be held liable for any failure to meet these dates and/or timeframes.
Use of the Platform is possible upon the Client’s receipt of their Account access details.
ARTICLE 9 – THIRD-PARTY SERVICES
The Platform may host links to third-party websites to enable the Client to benefit from third-party services. The use of a third-party service may be subject to additional terms and conditions from the relevant third-party provider. AUSHA shall have no liability or obligation whatsoever regarding the content of a third-party website, the use of a third-party service, or any transaction or contract entered into by the Client with a third-party service provider. AUSHA recommends that the Client review the general terms and conditions and privacy policy of any third-party service provider before using the relevant third-party service.
ARTICLE 10 – AUSHA’S OBLIGATIONS
10.1 – AVAILABILITY
AUSHA undertakes to take reasonable measures to ensure that the Platform is accessible via the Internet 365 days a year, 24 hours a day, 7 days a week, except in cases of force majeure, technical and/or IT and/or telecommunications difficulties, and/or maintenance periods (including updates).
AUSHA shall not be held liable for any unavailability of the Platform resulting from the Client’s Internet connection, equipment, or maintenance operations necessary for the proper functioning of the Platform.
AUSHA reserves the right to immediately and without notice interrupt access to the Platform:
1. In order to carry out technical work or for any maintenance operation. Where possible, AUSHA will inform the Client in advance.
2. If AUSHA receives a notice issued by a competent administrative, arbitral, or judicial authority, in accordance with applicable laws or by a third party, including in accordance with the Law for Confidence in the Digital Economy (LCEN) of 21 June 2004.
3. In the event of use of the Platform contrary to these terms.
10.2 – EVOLUTION OF FEATURES
AUSHA reserves the right to make changes to the presentation, operation, or features of the Platform at any time, without prior notice to the Client.
AUSHA does not guarantee that the Platform’s features will be adequate for any particular use intended by the Client, who must therefore verify in advance the suitability of the features provided for their needs.
10.3 – HOSTING
AUSHA ensures the hosting of the Platform under access and premises security conditions in accordance with industry standards.
10.4 – MAINTENANCE
AUSHA provides evolutionary and corrective maintenance of the Platform in order to ensure its sustainability and availability, as a best-efforts obligation.
The Client automatically benefits from any updates developed by AUSHA for the corresponding version of the Platform they use.
ARTICLE 11 – CLIENT’S OBLIGATIONS
11.1 – VERIFICATION OF PLATFORM COMPATIBILITY
The Client confirms having reviewed, prior to accepting these terms, the technical characteristics and security features of the Platform.
The Client is responsible for all equipment (hardware and software) necessary to use the Platform via the Internet. The Client must regularly update their equipment and Internet connection required for the proper functioning of the Platform.
AUSHA shall not be held liable for any incompatibility of the Platform with the Client’s equipment (hardware and software), including incompatibility with the Client’s terminal version or due to the Client’s failure to update the Platform.
AUSHA shall not be held liable for the availability of the Platform with any new equipment (hardware and software) for which the Platform has not yet been updated.
11.2 – USER MANAGEMENT
Use of the Platform is limited to the number of Users defined at the time of the Order.
The Client guarantees Users’ compliance with the Agreement and shall be solely responsible for any breach on their part.
11.3 – ACCESS CODES
The Client’s Account is secured to permanently protect, from unauthorised third parties, all Client and/or User data that may circulate through the systems in the context of Platform use.
The Client is informed that the Access Codes used to access an Account are personal and confidential and may not be shared with third parties.
The use and safekeeping of Access Codes are the sole responsibility of the Client, who shall bear sole responsibility for any consequences arising from their use by third parties who may have become aware of them. AUSHA shall not be held liable for any loss or damage arising from the Client’s failure to comply with these requirements.
In the event of the loss or theft of their credentials, the Client undertakes to have the password changed by the User or to request its regeneration via the procedure put in place by AUSHA to allow the Client to recover their Access Codes as quickly as possible.
11.4 – INFORMATION PROVIDED
The Client guarantees that all information provided when subscribing to their Account is accurate and undertakes to update it on a regular basis.
11.5 – USE OF THE PLATFORM AND PUBLISHED CONTENT
The Client undertakes to read and comply with the General Terms of Use.
11.6 – BACKUP, SECURITY AND CONFIDENTIALITY OF DATA
AUSHA undertakes to implement all technical means, in accordance with the state of the art, to maintain the integrity, security, and confidentiality of access to the Platform.
However, the Client remains solely responsible for the complete and regular backup of their data. The Client undertakes to back up their data and to ensure the security and confidentiality of said data.
ARTICLE 12 – LIABILITY
AUSHA is bound, with respect to the obligations set out herein, only by a best-efforts obligation.
The Client is aware of the technical uncertainties inherent in the Internet and any resulting access interruptions. Accordingly, AUSHA shall not be held liable for any unavailability or slowdowns of the Platform.
The Parties expressly agree that AUSHA shall also not be held liable for Platform interruptions or damages related to:
a decision by authorities or a force majeure event as defined in Article 1218 of the Civil Code and French case law;
an interruption in the supply of electricity or transmission lines due to public or private operators;
abnormal or fraudulent use by the Client or third parties requiring the Platform to be shut down for security reasons;
a fraudulent intrusion into or fraudulent maintenance within the system, or the unlawful extraction of data, despite the implementation of security measures in accordance with current technical standards, AUSHA bearing only a best-efforts obligation in respect of known security techniques;
the nature and content of information and data created, transferred and/or communicated by the Client. More generally, AUSHA shall in no event be held liable for data, information, results, or analyses originating from a third party, transmitted or received through use of the Platform, that infringe the rights of third parties or violate applicable legislation in any way;
a loss or delay in the transmission of information and data where AUSHA is not the cause of such delay;
the functioning of the Internet or telephone or cable networks providing Internet access not operated by AUSHA;
a failure of the hosting servers.
The Client waives any right of recourse against AUSHA in connection with proceedings brought by a third party against the Client as a result of unlawful use or exploitation of the Platform.
AUSHA shall not be held liable for indirect damages or losses, loss of anticipated profits or savings, loss of revenue, loss of customers, loss of data or files, damage to the Client’s brand image, or damages not resulting directly and exclusively from a failure of the Platform, nor for third-party claims.
The Client is solely responsible for the selection, content, keywords, and configuration of communication or SEO campaigns distributed via the dedicated modules (Advertising, SEO, Marketing).
As these are tools designed to support visibility and search engine optimisation, AUSHA is bound by a best-efforts obligation.
In any event, the Parties agree that the total amount of any sums that may be charged to AUSHA if its liability were to be engaged for any reason whatsoever shall be limited to the amounts actually paid by the Client to AUSHA during the term of the Agreement.
ARTICLE 13 – INTELLECTUAL PROPERTY
The Platform is the exclusive property of AUSHA.
AUSHA holds all intellectual property rights relating to the Platform and in particular all graphical, audio, textual, and software elements, including the underlying technology, or any other elements comprising the Platform.
The Client undertakes not to infringe AUSHA’s intellectual property rights and accordingly refrains from reproducing, representing, translating, modifying, or distributing, even partially, any element protected by intellectual property rights, without having obtained AUSHA’s prior express authorisation.
Any reproduction of an element of the Platform by the Client without AUSHA’s authorisation constitutes an act of infringement liable to criminal and civil prosecution.
The creation of deep hyperlinks to the Platform is subject to AUSHA’s prior express consent.
The Client is furthermore prohibited from any exploitation, for any reason whatsoever, of the Content and information featured on the Platform.
ARTICLE 14 – FORCE MAJEURE
Neither Party shall be considered in breach of these terms if the performance of its obligations, in whole or in part, is delayed or prevented as a result of the occurrence of a force majeure event as defined in Article 1218 of the Civil Code and French case law.
In the event of a force majeure event, the affected Party shall promptly notify the other Party of its duration and foreseeable consequences, and shall make all reasonable efforts to limit its impact.
Should such circumstances continue for more than fifteen (15) days, the Parties agree to enter into discussions to amend the terms of their respective commitments.
If no agreement can be reached, either Party may terminate these commitments without compensation by means of a written notification sent by registered letter with acknowledgment of receipt.
ARTICLE 15 – CONFIDENTIALITY
Each Party undertakes to treat as confidential, and not to reproduce or disclose, other than for the sole purposes of performing the Agreement, any information provided by the other Party for the implementation and during the performance of the Agreement, which, by reason of its technical, commercial, or financial content, should be considered confidential as it contains elements not publicly disclosed and/or purely personal to the relevant Party.
This confidentiality obligation does not apply to information in respect of which the Party can demonstrate that it became known to its departments by means other than through the Agreement, or which is in the public domain.
This confidentiality obligation shall also not apply where a Party is required to provide information in accordance with legal provisions, orders from a public body, or court decisions.
The Parties’ obligations regarding confidential information shall remain in force for the entire duration of the Agreement and for as long as, after its expiry, the information concerned remains confidential for the disclosing Party, and in any event for a period of two (2) years after the expiry of the Agreement.
ARTICLE 16 – EARLY TERMINATION
Any material breach by either Party of any obligation incumbent upon it under the Agreement, not remedied within fifteen (15) days from the sending of a registered letter with acknowledgment of receipt, shall entitle the other Party to unilaterally invoke the automatic termination of this Agreement as of right, without prejudice to any damages to which it may be entitled under these terms, and subject to compliance with the notice period referred to above.
The termination of the Agreement for any reason whatsoever results in the immediate removal, as at the effective date of termination, of all Client access to the Platform features.
It is the Client’s responsibility to take, prior to the removal of their access to the Platform, all necessary steps to recover their data and Podcasts. The Client acknowledges and accepts that their data will in any event be automatically deleted by AUSHA thirty (30) days after the date of termination of the Agreement.
ARTICLE 17 – SUBCONTRACTING
AUSHA is entitled to engage subcontractors for the performance of its obligations under the Agreement.
AUSHA is responsible for the work and services of its subcontractors under the same conditions as for its own work and services.
ARTICLE 18 – PUBLICITY
AUSHA shall be authorised to use the Cover, brand, logo, name and/or title of the Podcasts in its commercial documentation and on its website for the purposes of promoting the Platform and the Company’s services, subject to the Client’s prior approval.
ARTICLE 19 – EVIDENCE
The computerised records maintained in AUSHA’s IT systems under reasonable security conditions shall be considered as proof of communications, orders, and payments between the Parties.
ARTICLE 20 – WAIVER AND TOLERANCE
It is expressly agreed between the Parties that any tolerance or waiver by either Party in the application of all or part of the commitments provided for in this Agreement, regardless of their frequency or duration, shall not constitute an amendment to this Agreement nor generate any right whatsoever.
ARTICLE 21 – SEVERABILITY
If any provision of the Agreement is found to be void by reason of a rule of law or a statute in force, it shall be deemed unwritten and shall not result in the nullity of the Agreement.
ARTICLE 22 – HEADINGS
In the event of any difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses themselves, the headings shall be deemed non-existent.
ARTICLE 23 – ENTIRE AGREEMENT
The Agreement expresses the entirety of the Parties’ obligations.
No indication or document may give rise to obligations under the Agreement unless it is the subject of an amendment signed by both Parties.
No correspondence prior to the conclusion of the Agreement may give rise to obligations under said Agreement.
ARTICLE 24 – APPLICABLE LAW AND JURISDICTION
The Agreement is governed by French law.
Furthermore, the language of the Agreement is French. In the event that it is translated into other foreign languages, only the French version shall prevail.
In the event of a dispute arising between the Parties in connection with the performance or interpretation of the Agreement, the Parties agree, prior to any legal proceedings, that any claim shall be the subject of a formal notice sent by registered letter with acknowledgment of receipt, accompanied by any relevant supporting documents.
If, at the end of a period of thirty (30) days from the sending of such letter, the Parties have not reached an agreement on a compromise or solution, the dispute shall be submitted to the exclusive jurisdiction of the courts of Lille.