The Ausha platform, accessible online at https://app.ausha.co (hereinafter referred to as “the Platform”), is offered by
A simplified joint stock company with share capital of €320,297,
Whose head office is located at 99B Boulevard Constantin Descat, 59200 Tourcoing, France,
Registered in the Metropolitan Lille Trade & Companies Register under number 879 276 723,
Acting through its legal representative,
Hereinafter referred to as “the Company”,
Any use of the Platform implies full acceptance of these General Terms and Conditions of Use (GTCU).
The applicable General Terms and Conditions of Use are those in effect on the date when the Platform is used.
The Company reserves the right to modify these General Terms and Conditions of Use at any time.
These General Terms and Conditions of Use are the property of the Company. Any reproduction, even in part, is strictly prohibited.
This Contract is entered into between the Company and anyone wishing to use the Platform (hereinafter referred to as “the Podcaster”).
The Contract is entered into for the entire duration of Platform use by the Podcaster and, if applicable, the entire duration of their registration.
Ausha is a platform for hosting and distributing podcasts, particularly for allowing Podcasters to publish and manage their podcosts.
ARTICLE 1 – PURPOSE
ARTICLE 2 – DEFINITIONS
“Platform” means the interactive tool offered by the Company, accessible through the https://app.ausha.co website.
“Podcaster” means the individual of legal age and capacity registered on the Platform, who disseminates one or more podcasts on the Platform.
“Podcast” or “Show” means the production of multiple audio files (Episodes) grouped together and available online.
“Episode” means an audio sequence belonging to the Show. Specifically, the Episode is defined by an audio file, a title, a description, and an image.
“RSS Feed” means a file containing the textual information about the Show and the Episodes. It is automatically updated whenever there is a change to the Show and Episodes.
“Cover” means the cover image illustrating the Podcast published by the Podcaster.
“Account” means the Podcaster’s personal management space.
“Access Code” means the username and password that provide the Podcaster with access to their Account.
“Content” means all audiovisual, textual, audio, graphical, photographic, and other elements, including Podcasts, that are sent, transmitted, disseminated, or published by the Podcaster or on which the Podcaster interacts on the Platform, in any form whatsoever, and particularly in text, image, video, or audio format.
ARTICLE 3 – PLATFORM REGISTRATION
Access to the Platform requires prior registration.
Registration for the Platform is free and reserved for capable individuals of legal age. The Podcaster is prohibited from using the Platform for commercial purposes without the Company’s express prior authorization.
The Podcaster warrants that the information provided during their registration is true and agrees to keep their information updated if it changes during the term of their registration.
To register, the Podcaster must create an Account by clicking the designated tab (“Create an account”), formally accepting these General Terms and Conditions of Use, and providing the following required information:
- First name
- Last name
- Email address
- Credit card
The Podcaster may also register on the Platform with their Facebook or Google+ account. In this situation, the Podcaster accepts that the Company can receive public information from their profile (ID, first and last name, email address, country, and profile photo).
The Podcaster accesses their Account by entering their email address and password in the “Log in to your account” tab and clicking the “Login” button.
Registration to the Platform is strictly personal, and the Podcaster can have only one Account.
Although Platform access and registration are free, some of the Platform’s features may require payment.
ARTICLE 4 – PLATFORM FEATURES
The Platform allows Podcasters to:
- Publish their Show on the Platform by:
- Adding Episodes manually from their computer and providing the required information
- Importing Episodes directly through their RSS Feed
- Manage their Show (i.e., adding Episodes or deleting a Show) and editing information about them;
- View their listening statistics;
- View the geolocation map of anonymized listeners;
- Share their Show and/or Episode through an RSS export, a public page, a widget, or social media.
ARTICLE 5 – PERSONAL DATA
The Company hereby informs the Podcaster that their data is recorded and processed in order to allow the Company to be able to offer the features available on the Platform, in compliance with the provisions of the French Data Protection Act of January 6, 1978, as amended, and EU Regulation 2016/679 of April 27, 2016.
The Podcaster has a right to access, rectify, erase, and move their personal data. The Podcaster also has a right to object to or limit the processing of their data.
This right may be exercised by simply contacting the Company by mail at the address provided at the top of this document or by sending an email to [email protected], with proof of identification. Requests shall be processed by the Company within a maximum of one month from the date they are received.
The Podcaster also has a right to file a complaint through the CNIL, https://www.cnil.fr
Data transmitted by the Podcaster is kept for the duration of their registration on the Platform.
Their login credentials, viewed pages, and IP addresses are stored for the legal duration, namely one year from when they were recorded.
The Podcaster’s data shall not be communicated by the Company to third parties without the Podcaster’s express prior consent and shall not be used for sales prospecting purposes.
The Company shall take all appropriate measures to ensure the security and confidentiality of the personal data they process.
ARTICLE 6 – INTELLECTUAL PROPERTY
6.1 – THE PLATFORM
The Platform is the exclusive property of the Company.
The Company owns all intellectual property rights related to the Platform, including all graphics, sound, text, software, underlying technology, or any other elements comprising the Platform.
The Podcaster thus agrees not to infringe upon the intellectual property rights of the Company and, as such, shall refrain from reproducing, representing, translating, modifying, or disseminating, even partially, any element protected by intellectual property rights, without the Company’s express prior authorization.
Any reproduction of an element of the Platform by the Podcaster, without the Company’s authorization, shall constitute an act of infringement liable to criminal and civil proceedings.
The Podcaster is also prohibited from using the Content and information appearing on the Platform for any reason whatsoever.
By accepting the General Terms and Conditions of Use, the Podcaster concedes to the Company, on a non-exclusive basis, for the entire region and duration of their subscription, the right to reproduce, represent, and, if necessary, modify the Content communicated by the Podcaster, for the purpose of ensuring that it is posted, accessible, and readable under the best possible conditions.
The Podcaster is prohibited from using the Platform for commercial purposes without the Company’s express prior authorization.
6.2 – CONTENT PUBLISHED BY THE PODCASTER
The Podcaster declares and warrants that the Content and information they communicate through the Platform do not infringe upon others.
The Podcaster declares that they hold all intellectual property rights to the Content they publish on the Platform, including Podcasts.
ARTICLE 7 – IMAGE RIGHTS
If the Podcaster provides photographs, images, or any other Content during their registration or as part of their use of the Platform, they agree to:
- Retain copyright protection of the photograph, image, or Content concerned;
- Authorize the Company to disseminate the photograph, image, or Content on the Platform;
- Refrain from disseminating a photograph, image, or Content in which third parties would be identifiable, unless they have obtained their express authorization to disseminate said photograph, image, or Content.
The Company reserves the option to proceed, upon third-party notification, with the removal of a photograph, image, or Content that infringes on image rights.
ARTICLE 8 – OBLIGATIONS
8.1 – OBLIGATIONS OF THE PODCASTER
Verification of Platform Compatibility
The Podcaster assures that they are aware of the Platform’s technical specifications and security features prior to their acceptance of these terms and conditions.
The Podcaster shall be responsible for all the equipment (hardware and software) needed to use the Platform over the internet. The Podcaster must regularly update their equipment and internet connection needed for the Platform to work correctly.
Access to the Podcaster’s Account is secured from unauthorized third parties in order to continuously protect all the Podcaster’s data that may pass through the systems when using the Platform.
The Podcaster is informed that the Access Codes allowing access to their account are personal and confidential and must not be shared with others.
The use and protection of the Access Codes are the sole responsibility of the Podcaster, who alone shall bear the potential consequences their use by third parties who may gain knowledge of them. The Company shall in no way be responsible for any loss or damage arising from the Podcaster’s failure to comply with these requirements.
If their credentials are lost or stolen, the Podcaster agrees to change their password or generate a new one, as soon as possible, through the procedure set up by the Company for recovering Access Codes.
The Podcaster guarantees that all the information provided when subscribing to the Platform, including their identification and contact information, is correct and agrees to update it regularly.
As part of their use of the Platform, the Podcaster agrees to provide true and accurate information.
In general, the Podcaster guarantees the truthfulness of all the communicated information.
Use of the Platform and Disseminated Content
The Podcaster agrees to use the Platform for the sole purposes set out in these General Terms and Conditions of Use and in strict compliance with technical and security standards.
The Podcaster understands and accepts the Platform’s features.
Use of the Platform is the Podcaster’s exclusive responsibility. Accordingly, any processing, transmission, dissemination, or representation of information or data via the Platform, by the Podcaster, is carried out under their sole responsibility and in strict compliance with the legal and regulatory provisions relating to the use of online services.
The Podcaster is solely responsible for the Content they publish and/or with which they interact. The Podcaster is prohibited from disseminating Content (text, images, photos, videos, links, etc.) that may infringe upon the rights and interests of others, conflict with laws and regulations in force, or breach public order and good morals.
Similarly, the Podcaster agrees not to transmit, by means of the Platform, any Content containing computer viruses or any other code, file, or program designed to disrupt, destroy, or limit the functionality of any software, computer, telecommunications tool, or other elements, without limitation.
The Podcaster is liable for Content that violates all of these provisions.
The Podcaster acknowledges the Company’s option to remove any content that does not comply with these prescriptions.
The Podcaster further agrees to immediately report any abnormalities concerning the use of the Platform to the Company at the following address: [email protected]
Finally, the Podcaster agrees to respect the image and reputation of the Company and other Podcasters. The Podcaster agrees not to deliver statements and/or engage in actions that infringe upon the Company or other Podcasters.
Data Backups, Security, and Confidentiality
The Podcaster assumes full responsibility for regularly backing up all their data. The Podcaster agrees to back up their data and keep it secure and confidential.
8.2 – OBLIGATIONS OF THE COMPANY
The Company agrees to take reasonable steps to guarantee that the Platform is accessible over the internet 365 days a year, 24 hours a day, and seven days a week, except in cases of force majeure, technical and/or computer and/or telecommunication difficulties, and/or maintenance periods (including updates)
The Company will not be held liable for any unavailabilty of the Platform relating to the Podcaster’s connection to the internet, its equipment, or maintenance operations that are necessary for the Platform to function correctly.
The Company reserves the right to interrupt, immediately and without notice, access to the Platform for all Podcasters and/or individually on behalf of one Podcaster:
1. To carry out technical servicing or any maintenance operation.
To the extent possible, the Company will notify the Podcaster in advance.
2. If the Company receives a reasoned opinion issued by a competent administrative, arbitration, or judicial authority, in accordance with applicable laws or by a third party, in accordance with the French Confidence in the Digital Economy Act of June 21, 2004.
3. If the Platform is used in breach of these terms and conditions.
The Podcaster accepts that such a suspension may result in the deactivation or deletion of an account or password, the removal of access to an account, and the deletion of the associated Content.
Confidentiality and Access Security
In general, the Company agrees 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.
The Company reserves the right to make changes in the presentation, operation, and functionality of the Platform, at any time, without prior notice to the Platform.
The Company shall ensure that the Platform is hosted such that access and the premises are secure in accordance with the state of the art.
The Company shall ensure that the Platform undergoes ongoing and corrective maintenance to allow for its continuity and availability as part of an obligation of means.
The Podcaster shall automatically receive any updates developed by the Company on the version of the Platform they use.
The Company shall not be held liable for any incompatibility of the Platform with the Podcaster’s equipment (hardware and software) that may result from an incompatibility with the version of the Podcaster’s device, the Podcaster’s failure to update the Platform, or maintenance of the Platform by the Company.
The Company also shall not be held liable for the availability of the Platform with any new equipment (hardware and software) that the Platform does not yet support.
Features and Uses
The Company does not guarantee that the Platform’s features may not be suitable for any particular use anticipated by the Podcaster, who is therefore responsible for previously verifying the suitability of the features provided for their needs.
ARTICLE 9 – LIABILITY
The Company is bound only by an obligation of means with respect to the commitments contained herein.
The Podcaster is advised of the technical uncertainties inherent to the internet and the access disruptions that may arise thereto. Accordingly, the Company shall not be held liable for any unavailability or slowdown of the Platform.
The Podcaster acknowledges that the Company is unable to guarantee the continuity of the Platform, which is executed remotely over the internet.
The Parties expressly agree that the Company also will not be held liable for interruptions of the Platform or damages relating to:
- A decision by authorities or a case of force majeure, as defined in Article 1218 of the French Civil Code or by French case law;
- An interruption in the electricity supply or transmission lines due to public or private operators;
- Abnormal or fraudulent use by the Podcaster or third parties necessitating the shutdown of the Platform for security reasons;
- An intrusion or fraudulent maintenance by a third party into the system, or the illicit extraction of data, despite the implementation of security means in accordance with the current state of the art, as the Company bears only an obligation of means with regard to known security techniques;
- The nature and content of the information and data that is created, transferred, and/or communicated by the Podcaster. More generally, the Company shall not be held liable under any circumstances for any data, information, results, or analyses originating form a third party that are transmitted or received through the use of the Platform and infringe upon the rights of others or violate applicable legislation in any way whatsoever;
- A loss or delay in the delivery of information and data, when the Company is not the source of the delay;
- The functioning of the internet or of telephone or cable networks for accessing the internet not implemented by the Company;
- Failure of the hosting servers.
The Company’s role is limited to that of a hosting company within the meaning of Article 6 of the Trust in the Digital Economy Act (LCEN) of July 21, 2004.
The Company provides Podcasters with a procedure for reporting illicit Content to make it easier to report Content that may violate these General Terms and Conditions of Use. The Podcaster can report illicit Content by simply contacting the Company at [email protected]
The Company shall not be held liable for damages of any nature, whether direct or indirect, resulting from the Content published by the Podcaster (including Podcasts) or the use of the Platform by the Podcaster.
The Podcaster is solely responsible for damages of any nature, whether material or immaterial, caused to third parties, including the Company, due to Content published on the Platform and the illicit use or operation of the Platform, regardless of the cause and place where this damage occurs.
The Podcaster shall indemnify the Company against any consequences, claims, or actions to which the Company may be subject as a result.
The Podcaster shall waive any recourse against the Company in the event of legal proceedings brought against it by a third party due to the illicit use or operation of the Platform.
More generally, the Company shall not be held liable for indirect damages or loss, lost profit or anticipated savings, lost revenue, or image damage not resulting directly and exclusively from a failure of the Platform or recourse by third parties.
Notwithstanding, the Parties agree that the total amount of money that could be charged to the Company if it is found to be liable for any reason whatsoever shall be limited to the lump sum of one hundred euros (€100), for all damages combined.
ARTICLE 10 – SUBSCRIPTION CANCELLATION
The Podcaster may cancel their subcription to the Platform at any time by deleting their Account.
To do this, the Podcast must log into their Account and follow the procedure for cancelling their subscription, described in the “Delete account” tab.
The Podcaster is informed that deleting their Account results in the deletion of all their Shows and Episodes. This action is immediate and cannot be reversed.
Once the Podcaster has cancelled their subscription, the Company will delete their personal identification data.
ARTICLE 11 – EARLY TERMINATION
Any serious breach by either of the Parties of any of its obligations under this Contract that is not remedied within a period of seven (7) days from the date a letter is sent by registered mail with return receipt shall entitle the other Party to terminate this Contract unilaterally, without prejudice to any damages to which it may be entitled hereunder, subject to compliance with the notice period mentioned above.
Termination of the Contract, for any reason whatsoever, results in the removal of the Podcaster’s access to the Platform on the effective date of termination.
The Podcaster shall be responsible for taking all necessary measures to retrieve its data and Podcasts before their access to the Platform is removed.
Moreover, the Company reserves the right to delete, unilaterally and without notice, the Account of a Podcaster in violation of these General Terms and Conditions of Use.
This termination will take effect immediately, without prior notice from the Company.
ARTICLE 12 – WAIVER AND TOLERANCE
It is formally agreed between the Parties that any tolerance or waiver by either Party in application of some or all of the commitments provided for in these General Terms and Conditions of Use, regardless of their frequency and duration, shall not be deemed an amendment of this agreement or generate any rights thereto.
ARTICLE 13 – ENTIRE AGREEMENT
These General Terms and Conditions of Use express the entirety of the obligations of the Parties.
ARTICLE 14 – APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Use are subject to French law.
Furthermore, the language of these GTCU is French. If they have been translated into other foreign languages, only the French version shall be binding.
In the event of a dispute arising between the Parties as a result of the execution or interpretation of this agreement, the Parties agree to follow the amicable procedure outlined below, prior to any referral to the competent court.
To find a solution to any dispute that may arise in the execution of this contract, the Podcaster agrees to first contact the Company at [email protected]
The Podcaster will explain the dispute that led them to contact the Company, along with supporting documentation. Upon receiving these items, the Company agrees to respond to the Podcaster as quickly as possible in order to find an amicable solution.
If, after a period of thirty (30) days from the Company’s response, the Parties have not been able to agree on a compromise or a solution, the dispute will then be brought before the competent courts.