Ausha Pro GTU

Version dated 07/01/2025

The AUSHA platform, accessible via the website https://app.ausha.co (hereinafter referred to as “the Platform”), is provided by:
AUSHA, a simplified joint-stock company with a capital of €1,224,720,
Whose registered office is located at 679 Avenue de la République, 59800 Lille, FRANCE,
Registered with the LILLE MÉTROPOLE Trade and Companies Register under number 879 276 723,
Represented by its legal representative,
Hereinafter referred to as “AUSHA.” Any use of the Platform implies full and unconditional acceptance of these Terms of Use (hereinafter referred to as “ToU”). The applicable Terms of Use are those in effect at the time of use of the Platform.AUSHA reserves the right to modify these Terms of Use at any time. These Terms of Use are the exclusive property of AUSHA. Any reproduction, even partial, is strictly prohibited. This Agreement is entered into between AUSHA and any person wishing to use the Platform (hereinafter referred to as “the User”). The Agreement is valid for the entire duration of the User’s use of the Platform and, where applicable, for the entire period of their registration.

Preamble

AUSHA is a platform for podcast marketing, hosting, and distribution, enabling Users to publish and manage their podcasts.

ARTICLE 1 – PURPOSE

These Terms of Use specify the terms and conditions governing the use of the Platform by Users.

ARTICLE 2 – DEFINITIONS

“Platform”: Refers to the interactive tool provided by AUSHA, accessible via the website https://app.ausha.co.
“User”: Refers to a legally competent adult individual registered on the Platform, who publishes one or more podcasts on the Platform.
“Podcast” or “Show”: Refers to a production consisting of multiple audio files (Episodes) grouped together and made available on the Internet.
“Episode”: Refers to an audio sequence that is part of the Show. The Episode is defined by an audio file, title, description, and an image.
“RSS Feed”: Refers to a file containing textual information about the Show and its Episodes. It is automatically updated with every change made to the Show or its Episodes.
“Cover”: Refers to the image or artwork representing the Podcast published by the User.
“Account”: Refers to the User’s personal management space.
“Access Code”: Refers to the username and password enabling the User to access their Account.
“Content”: Refers to all audiovisual, textual, sound, graphic, photographic elements, and hyperlinks sent, transmitted, broadcast, or published by a User via the Platform in any form (Podcast, Cover, Newsletter, etc.), excluding elements from AUSHA’s databases.
“Audio File”: Refers to an audio file protected by intellectual property rights, provided to the User from the Platform’s music library to be integrated, in whole or in part, into a Podcast.


ARTICLE 3 – REGISTRATION PROCEDURE FOR THE PLATFORM

Access to the Platform requires prior registration.
Registration on the Platform is free and reserved for legally competent adults. The User is prohibited from using the Platform for commercial purposes without the prior express authorization of AUSHA.
The User guarantees the accuracy of the information provided during registration and agrees to update this information if it changes during their registration period.
To register, the User must create an Account by clicking on the designated tab (“Create an Account”), formally accepting these Terms of Use, and providing the following mandatory information:

  • First name
  • Last name
  • Email address
  • Password


The User may also register on the Platform using their Facebook or Google account. In such cases, the User agrees that AUSHA may access public profile information (ID, first name, last name, email address, country, and profile picture).
The User accesses their Account by entering their email address and password in the “Log in to your account” tab and clicking on the “Log in” button.
The User is reminded that registration on the Platform is strictly personal, and they are only permitted to have one Account.
It is specified to the User that while access to and registration on the Platform are free, certain Platform features may be subject to fees.

ARTICLE 4 – PERSONAL DATA

AUSHA informs the User that their data is recorded and processed to provide the various features offered by the Platform, in compliance with the provisions of the amended French Data Protection Act of January 6, 1978, and Regulation (EU) 2016/679 of April 27, 2016.
AUSHA takes all appropriate measures to ensure the security and confidentiality of processed personal data.
For more information, the User is invited to consult AUSHA’s Privacy Policy (https://www.ausha.co/fr/politique-de-confidentialite/).

ARTICLE 5 – INTELLECTUAL PROPERTY

5.1 – THE PLATFORM

All trademarks, photographs, texts, comments, illustrations, animated or still images, video sequences, sounds, as well as all computer applications, including the underlying technology, used to operate the Platform, and more generally all elements reproduced or used on the Platform, are protected under intellectual property laws and are the exclusive property of AUSHA or licensed to AUSHA (hereinafter referred to as “AUSHA’s Intellectual Property Rights”).

To enable the use of the Platform’s services, AUSHA grants the User a personal, non-exclusive, non-transferable, non-sublicensable, and non-assignable right to use AUSHA’s Intellectual Property Rights for the duration of the registration, worldwide, under the conditions and limits permitted by these ToU.

The ToU do not grant the User any rights, particularly for commercial exploitation, over AUSHA’s Intellectual Property Rights or content published by third parties on the Platform. The User agrees not to infringe on AUSHA’s Intellectual Property Rights and refrains from reproducing, representing, translating, modifying, or distributing any element protected by intellectual property rights without AUSHA’s prior express authorization.

Any reproduction or representation of any element of the Platform by the User without AUSHA’s authorization constitutes an act of infringement, which may lead to criminal and civil prosecution. The failure of AUSHA to take legal action upon learning of unauthorized use does not constitute acceptance of such use or a waiver of its right to prosecute.

5.2 – CONTENT PUBLISHED BY THE USER

Unless otherwise expressly agreed by the User, AUSHA does not claim ownership of the Content, which remains the sole property of the User, subject to the limited rights granted under the license defined below.
The User is free to publish or not publish such Content on the Platform and accepts that this Content becomes public and freely accessible, particularly on the Internet.
The User acknowledges being solely responsible for the Content and guarantees that they hold all the rights and necessary permissions for the Content, particularly under applicable laws, including those related to privacy, property, intellectual property, image rights, contracts, or other applicable rights. It is expressly agreed that each User will handle any claim and/or legal proceedings against AUSHA regarding the unlawful use of intellectual property rights or any other element belonging to a third party. To this end, each User agrees immediately and irrevocably to voluntarily intervene, if AUSHA deems it useful or necessary, in any proceedings brought against AUSHA, to indemnify AUSHA for any damages awarded, and to cover all costs incurred, including attorney fees, for AUSHA’s defense.
The User must provide appropriate copyright/credit notices in the designated area according to usage and ensure that such information is not false or misleading.
By accepting these ToU, the User grants AUSHA, free of charge and on a non-exclusive basis, a worldwide license for the duration of their registration to reproduce, represent, archive, load, execute, transmit, store, and, if necessary, modify the technical file of the Content without altering its integrity to ensure its publication, accessibility, and readability under optimal conditions.
The User acknowledges that the aforementioned license extends to the third-party operator of any other website, application, and/or platform where they choose to share, distribute, or embed their Content.

5.3 – AUDIO FILES

AUSHA grants the User a worldwide, non-exclusive, free, non-transferable, and non-assignable license to integrate, reproduce, and represent, in part or in full, Audio Files in their Podcasts for the duration of their registration, excluding any commercial or advertising distribution or use on the third-party platform YouTube. The User is prohibited from modifying Audio Files, except for minor technical quality adjustments or trimming excerpts.

The User is prohibited from using an Audio File in a way that allows a third party to use, download, or access the musical work as a standalone file or in a manner that exceeds the scope of this license.

AUSHA reserves the right to terminate the license for any Audio File at any time. After being informed by AUSHA, the User must immediately remove the Audio File from their Podcasts.

AUSHA guarantees that it holds the necessary rights to the Audio Files and undertakes to defend the User against any claim, lawsuit, or infringement action brought by a third party during the term of these ToU regarding the use of the Audio Files under the conditions specified above. AUSHA agrees to indemnify the User for any damages and compensation resulting directly from a claim, lawsuit, or infringement action concerning the Audio Files, as definitively awarded by a competent court or agreed upon in a written settlement signed by AUSHA. AUSHA disclaims any liability if the User fails to notify AUSHA in writing of the infringement claim as soon as they become aware of it or receive notification, to the extent that such omission prejudices AUSHA, or if the User fails to provide reasonable assistance requested for defending or resolving the claim.

ARTICLE 6 – IMAGE RIGHTS

If the User provides photographs, videos, or any other image during registration or as part of their use of the Platform, they agree:

  • To hold the copyright for the photograph, video, or image in question;
  • To authorize AUSHA to distribute the photograph, video, or image on the Platform worldwide for the duration of their registration;
  • To refrain from publishing a photograph, video, or image in which third parties are identifiable unless they have obtained the express authorization of those third parties to distribute the said photograph, video, or image.

ARTICLE 7 – USE OF THE PLATFORM

The User agrees to use the Platform only for purposes authorized by AUSHA and in strict compliance with technical and security standards.
The User understands and accepts the Platform’s functionalities.
Use of the Platform is under the sole responsibility of the User. Consequently, any processing, transmission, dissemination, or representation of information or data via the Platform by the User is carried out solely at their own risk and in strict compliance with the legal and regulatory provisions related to the use of online services.
The User is solely responsible for the Content they publish and/or interact with. The User is prohibited from disseminating Content:

  • That is contrary to laws, regulations, customs, public order, or morality;
  • That is offensive, threatening, provocative, insulting, incomprehensible, obscene, indecent, pornographic, or infringes on the rights of third parties;
  • That undermines free and fair competition;
  • That could be perceived as damaging to direct or indirect competitors or any other third-party legal entity;
  • That constitutes disparagement, parasitism, or unfair competition;
  • That is racist or discriminatory, particularly concerning racial, ethnic, or national origin, gender, physical characteristics, political opinions, religious or philosophical beliefs, union membership, health, or sexual orientation.

Similarly, the User agrees not to transmit, via the Platform, any Content containing computer viruses or any other code, file, or program designed to interrupt, destroy, or limit the functionality of any software, computer, or telecommunication tool, this list being non-exhaustive. The User is responsible for any Content that violates these provisions.
The User acknowledges AUSHA’s right to remove any Content at any time that does not comply with these requirements. Any violation of these ToU by the User justifies the suspension or, if applicable, the termination of their registration on the Platform without prior notice and without any compensation of any kind. The User further agrees to report any anomaly regarding the use of the Platform to AUSHA without delay at the following address: [email protected]. Finally, the User agrees to respect AUSHA’s image and reputation, as well as other Users. They commit not to make any statements and/or take any actions that could harm AUSHA or other Users.

ARTICLE 8 – LIABILITY

AUSHA’s role is limited to that of a host as defined by Article 6 of the French Law for Confidence in the Digital Economy (LCEN) dated June 21, 2004. Therefore, AUSHA is not obligated to pre-emptively monitor the quality, accuracy, safety, or legality of the Content.
However, if AUSHA deems it necessary or receives a notification regarding manifestly unlawful Content, it reserves the right to remove such Content from the Platform.

To facilitate the notification of Content that may violate these Terms of Use, AUSHA provides a procedure for Users and visitors to report unlawful Content. Users and visitors may report such Content by simply contacting AUSHA at [email protected].

Such a notification must comply with the following formalities:

  • The date of the notification;
  • For individuals: name, surname, profession, address, nationality, date, and place of birth;
  • For legal entities: their form, corporate name, registered office, and the entity legally representing them;
  • A description of the alleged violations and their precise location;
  • The reasons why the Content should be removed, including references to legal provisions and factual justifications;
  • A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their cessation, removal, or modification, or proof that the author or publisher could not be contacted.

AUSHA cannot be held liable for any damages, whether direct or indirect, resulting from Content published by the User (including Podcasts) or the use of the Platform by the User.

The User is solely responsible for any damages of any kind, material or immaterial, direct or indirect, caused to any third party, including AUSHA, as a result of the Content published on the Platform and the unlawful use or exploitation of the Platform, regardless of the cause or location of such damages.

The User indemnifies AUSHA against any consequences, claims, or actions that AUSHA might face as a result.

ARTICLE 9 – DATA DELETION

The User may delete their data from the Platform by deleting their Account.
To do so, the User must log in to their Account and follow the unsubscription procedure indicated in the “Delete Account” tab.
The User is informed that deleting their Account will result in the deletion of all their Shows and Episodes. This action is immediate and irreversible.

ARTICLE 10 – APPLICABLE LAW

These Terms of Use are governed by French law.
Additionally, the language of these Terms of Use is French. In the event the Terms of Use are translated into other foreign languages, only the French version shall prevail.