TERMS AND CONDITIONS

STANDARD PLAN

PLAYPLAY
Simplified joint stock company, Registry of Commerce of Paris 828 572 088
9 rue des Colonnes 75002 PARIS
contact@playplay.com

Coming into effect: 30 june 2022

1. Object

PlayPlay (hereinafter "PlayPlay") offers to its customers a service of video production, especially for internal or external communication purposes, including on social networks, based on editorial templates made available by PlayPlay (hereinafter the "Templates"). The services are accessible via a platform (the "Platform"), of which a functional and technical presentation is accessible on the website www.playplay.com (the "Website").

The services proposed by PlayPlay on the Platform (the "Services") are accessible via: a Standard offer intended for individuals and professionals.

The purpose of the present general terms and conditions is to define the terms and conditions for the provision of the Services to the benefit of the customer (the "Customer") as well as to define the rights and obligations of the parties in this context.

2. Contractual framework 

These terms and conditions constitute, together with the charters of use of the media libraries accessible via the Platform (hereinafter the "Charters"), an indissociable contractual whole (hereinafter the "Contract"), to the exclusion of any other particular terms and conditions of the Customer not expressly agreed by PlayPlay.

3. Legal capacity

The Platform and the Services are accessible to:
- To any natural person with full legal capacity to enter into the Contract.
- To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

4. Ordering the Services and accepting the Contract 

To subscribe to the Services, the Customer fills in the form on the Website. The Customer must provide all information marked as mandatory. Any incomplete registration will not be validated.

The acceptance of the present terms and conditions is materialized by a checkbox.

5. License on the Platform

PlayPlay grants to Customer, for the whole world and for the duration provided in the article "Duration of the Services, termination", a non-exclusive, personal and non-transferable license to use the Platform, in its existing version at the date hereof and in any possible future versions, as well as its technical documentation, in SaaS mode, for the sole purpose of providing the Services. The license is granted to the Customer, for its own needs, understood as the needs related to its activity. It is forbidden to the Customer to assign or transfer the benefit to a third party, whatever it is.

The Customer is forbidden to :
- Reproduce, arrange, adapt all or part of the Platform;
- Proceed to any form of commercial exploitation of the Platform with third parties;
- Transfer, provide, lend, rent the Platform, grant sub-licenses or other rights of use, or more generally, communicate to a third party or an affiliated company all or part of the Platform;
- Integrate all or part of the Platform into any computer system or other software solution other than those provided for in the Agreement;
- Transmit or network the Platform, including over the Internet, outside of the Site, or distribute it in any other form without PlayPlay's prior written consent.

6. Description of the Services

The Customer will have access to the Services described on the Site, and in particular to:
- The provision of Templates ;
- The provision of tools allowing the assembly of screens ( hereinafter the "Screens");
- The standard access to the contents resulting from media libraries proposed by PlayPlay.

From these elements, the Customer will be able to produce videos through the Platform (hereinafter the "Videos"). To produce a Video, Customer must:
- Choose a Template and Screens among those available on its Platform;
- Fill in the proposed fields (author, quote, etc.);
- Choose media from its own database(s) (photo, video, music, etc.) and/or select, if it wishes, contents from the standard media libraries proposed by PlayPlay.

Customer may view the Video or download it at any time during the term hereof from the Platform.

By default, and unless Customer expressly declines by any useful written means, Customer acknowledges and agrees that PlayPlay may access the Videos, including for the following purposes:
- Assist Customer when Customer requests it on the Platform;
- Provide technical support.

PlayPlay reserves the right to provide any other services it deems appropriate, in a form and with the functionality and technical means it deems most appropriate to provide such services.

7. Creation of User Accounts

7.1.  Subscription to the Services, under the conditions set out in the article "Ordering the Services and accepting the Contract", automatically leads to the opening of an account for the Customer on the Platform (hereinafter the "User Account") and at the same time the start of a trial period offering any Customer the possibility of testing the Platform. The duration of this trial period is indicated on the Website (hereinafter the "Test Phase").

7.2.  The Customer may access the Platform at any time after identifying himself using his login details.

7.3.  Customer guarantees that all information it provides to PlayPlay in the registration form is accurate, truthful and is not misleading.

Customer is informed and agrees that the information entered or provided for the purpose of creating or updating his or her User Account is proof of identity. The information entered or communicated by the Customer is binding from the creation of the User Account.

The Customer undertakes to update the information in the User Account in the event of modifications, so that they always correspond to the above-mentioned criteria.

7.4.  The Customer is solely responsible for maintaining the confidentiality of his login and password.

He undertakes to ensure that he does not allow any third party to use his User Account in his place or on his behalf. He expressly acknowledges that any use of the Platform with his login details will be deemed to have been made by him. Customer agrees to contact PlayPlay without delay, by any useful written means and especially by email, if it appears that its User Account has been used without its knowledge.

8. Availability, maintenance, and customer service support

8.1. Evolutionary maintenance

PlayPlay agrees to provide to the Customer, at no additional, during the term of the Contract:

- Any improvements to the functionality of the Platform, related to its ergonomics, speed of execution or efficiency, and/or any revisions aiming at adding new minor functionalities. The nature and regularity of such updates shall be at PlayPlay's sole discretion. They may be made automatically and without prior notice, which Customer expressly agrees to;
- Any major changes to the Platform that radically improve the video creation experience and make it impossible to edit videos created with a previous version. PlayPlay will notify Customer at least thirty (30) calendar days prior to installation.

8.2. Customer service support

Apart from anomalies and for any question related to the use of the Platform, PlayPlay provides a technical support service, consisting of assistance and advice.

Customer may access support via chat, on business days from 9am to 7pm.

Depending on the identified need, PlayPlay will estimate the time of its response and the nature of the response and will inform Customer.

9. Platform hosting

PlayPlay undertakes to ensure, as an obligation of means, the hosting of the Platform, in accordance with the practices of the profession and the state of the art, through a professional hosting provider, and on servers located in a territory of the European Union.

In case of change of hosting provider, PlayPlay undertakes to notify the Customer as soon as possible, by any useful written means.

As part of this hosting service, PlayPlay agrees to provide Customer with sufficient storage and processing capacity to operate the Platform.

PlayPlay agrees to implement all technical means, in accordance with the state of the art, to ensure the security of and access to the Platform and associated services (maintenance, support, hosting), including the protection and monitoring of the infrastructure, the control of physical and/or intangible access to the infrastructure, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.

PlayPlay also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated data processing implemented for the needs of the said services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.

10. Duration of the Services, termination

The Services are provided on a subscription basis (hereinafter the "Subscription"). The Subscription begins on the day following the end of the Test Phase.

The Subscription is taken out for an initial period of one month or one year, at the Customer's discretion when registering.

The Subscription is then automatically renewed for successive periods of the same duration as the above-mentioned initial Subscription period (together with the initial period the "hereinafter Subscription Periods"), from date to date, unless terminated by PlayPlay or by Customer until the last day of the current Subscription Period, under the conditions described below.

Termination of the Subscription may be realized:
- By Customer: by email;
- By PlayPlay: by email.

Termination of the Subscription is effective upon the expiration of the last current Subscription Period. Any Subscription Period started will be due in its entirety.

11. Financial conditions

11.1. Price and payment terms

a) Price of the Subscription

The price is indicated on the Website and is expressed in euros. 

b) Billing and payment terms

Payment of the Subscription price is made by direct debit from the Customer's bank card (provided by the Customer at the time of registration) on the Subscription start date as described in the article "Duration of Services, termination", and then on the day of each Subscription renewal.

11.2. Payment delays and incidents

The Customer is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of the "Penalties for breaches" article and as of the day following the payment date appearing on the invoice:

(i) For all Customers:
-  Immediate payment of all amounts due by the Customer;
- Immediate suspension of access to the Platform and Services until full payment of all amounts due by the Customer;

(ii) For Professional Customers: the invoicing to PlayPlay of a late payment interest at the rate of three (3) times the legal interest rate, based on the amount of the entirety of the sums due by Customer and of a fixed compensation of forty (40) euros as collection costs, without prejudice to an additional compensation if the collection costs actually incurred are higher than this amount.

12. Right of withdrawal

In the event where:
- the Customer is an individual,
- the Customer is a non-professional fulfilling the conditions provided by the Consumer Code,

Customer has a right of withdrawal, during a period of fourteen (14) days as from the entry into force of the Contract.

In case of exercise of the right of withdrawal, PlayPlay shall refund to Customer all payments received from Customer without undue delay and in any event no later than fourteen (14) days from the day PlayPlay has been informed of Customer's decision to withdraw. The refund will be made using the same means of payment as the one used for the initial transaction, unless Customer expressly agrees to a different means. In any event, this refund will not incur any costs for Customer.

13. Agreement of proof

Customer expressly acknowledges and agrees that the data collected on the Platform and PlayPlay's computer equipment:
(i) Is an evidence of the reality of the transactions occurring hereunder;
(ii) Constitute the primary form of evidence admitted between the parties.

14. Customer's obligations and responsibilities

14.1. Customer agrees to provide PlayPlay with all documents, materials, data and information necessary for the performance of the Services. More generally, Customer agrees to actively cooperate with PlayPlay and especially with its dedicated staff for the proper performance of the Contract.

14.2. With exception concerning the Templates, Screens and any content to which PlayPlay holds rights, Customer is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other) that it incorporates in the Videos (hereinafter the "Content"). He guarantees to PlayPlay that he has all the rights and authorizations necessary for the broadcasting of these Contents.

Customer is thus prohibited from including in the Videos and broadcasting Content, without this list being exhaustive:
- Undermining public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist);
- Infringing on the rights of third parties (infringing content, infringing on personality rights, etc.) and, more generally, violating a contractual, legislative or regulatory provision;
- Harmful to third parties in any way whatsoever;
- Misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities;
- Harmful to the computer systems of third parties.

14.3. Customer warrants and agrees to remove upon PlayPlay's request any Video that has been flagged by the owner of any of the media libraries accessible on the Platform as infringing the rights of third parties.

14.4. Customer is solely responsible for the management of its accounts on the social networks and undertakes to respect the general terms and conditions of the said networks on which it uploads the Videos.

14.5. Customer who wishes to keep his Videos beyond his Subscription must take the necessary measures to save them by downloading them before the end of the Subscription, no copy of the Videos being kept by PlayPlay beyond the aforementioned durations, unless the parties agree otherwise.

14.6. Customer is solely responsible for complying with the laws and regulations applicable to its business and especially for complying with any legal notices imposed by them. Therefore, Customer shall in no event seek PlayPlay's liability or warranty in this respect.

14.7. Customer undertakes to make strictly personal use of the Services. In the event of any breach of this obligation, PlayPlay reserves the right to terminate Customer's access to its User Account immediately upon discovery of such breach.

14.8. Customer acknowledges that it has received from PlayPlay by any useful written means the Charters, which it agrees to comply with.

In no event shall PlayPlay be liable for Customer's use of any content in the media library that does not comply with the terms of use set forth in the Charters.

PlayPlay reserves the right to update the content of the Charters at any time and will provide the updated version to Customer by any useful written means.

15. PlayPlay's obligations and liability

15.1. PlayPlay undertakes to provide the Services in a diligent and workmanlike manner, it being understood that PlayPlay is under an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and agrees.

15.2. PlayPlay does not warrant to Customer that the Templates, Screens, any content to which PlayPlay holds rights, or the final renderings of the Videos will satisfy all of its tastes, needs and expectations.

15.3. PlayPlay undertakes to use the documents, materials, data, information and Content provided to it by Customer only for the purpose of performing the Services and in accordance herewith. It warrants to the Customer that it will properly preserve such documents, materials, data, information and Content for the duration of the Services and shall destroy them upon completion of the Services.

15.4. PlayPlay warrants to the Customer the full and peaceful enjoyment of the rights granted on the Templates, the Screens and all contents on which PlayPlay holds rights against any and all disorders, actions, claims or evictions whatsoever.

Especially, it warrants to Customer that it has all necessary rights and permissions to grant this license to the Templates, the Screens and any content over which PlayPlay holds rights, and that the latter contains nothing that may fall under the laws and regulations relating in particular to counterfeiting, unfair competition, privacy, image rights, personality rights and, more generally, infringe the rights of third parties.

PlayPlay indemnifies Customer against any and all claims, complaints, actions and/or demands that it may suffer in this respect.On the other hand,

PlayPlay shall not be liable for any decisions made by Customer or any third party appointed by Customer, which contravene the Agreement.

15.5. PlayPlay undertakes to carry out regular checks in order to verify the functioning and accessibility of its Site and the Platform. In this respect, PlayPlay reserves the right to momentarily interrupt access to its Site and/or Platform for maintenance purposes, under the usual state of the art conditions.

However, PlayPlay is not responsible for temporary difficulties or impossibilities of access to the Services which would have for origin:
- Circumstances external to its network (and in particular the partial or total failure of the Customer's servers);
- The failure of equipment, cabling, services or networks not included in the Services or not under its responsibility;
- The interruption of the Services due to telecom operators or Internet access providers;
- Force Majeure.

PlayPlay is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

15.6. In any event, the liability that may be incurred by PlayPlay hereunder is expressly limited to the direct damages suffered by the Customer and shall not exceed the total amount of the price paid by the Customer for the Services during the last six (6) months preceding the harmful event.

16. Penalties for breaches

In case of breach by Customer of any of the provisions of the Agreement, PlayPlay reserves the right to:
- Suspend or terminate access to the Services;
- Remove any content related to the breach;
- Publish on the Platform any informational message that PLAYPLAY deems appropriate;
- Send an email to Customer specifying the breach to:
- To terminate the Agreement, with termination taking effect on the date of receipt or first presentation of such letter; or
- To request the Client to remedy the breach within a maximum of fifteen (15) calendar days. The termination will take effect at the end of this period if the breach is not remedied.
- Where applicable, termination will result in the deletion of the Customer Account;
- Notify any competent authority, cooperate with it and provide it with all information useful for the research and repression of illegal or illicit activities;
- Initiate any legal action.

17. Ownership

17.1. PlayPlay Intellectual Property

The systems, software, structures, infrastructures, databases and contents of any kind (Templates, Screens, texts, images, visuals, music, logos, brands, databases, etc.) operated by PlayPlay within its Website and the Platform are protected by all intellectual property rights or database producers' rights in force.

17.2. Ownership of Videos

Customer owns the Videos created on the Platform. The Customer is therefore free to use them, especially for commercial purposes, subject to compliance with the conditions described in the Charters.

18. Confidentiality

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which are expressly identified by the other party as being confidential. All such information is hereinafter referred to as "Confidential Information".

The party receiving the Confidential Information agrees not to disclose it without the prior consent of the other party for a period of three (3) years from the completion of the Services. This obligation does not extend to documents, materials, data and information:

(i) Of which the receiving party already had knowledge;
(ii) Which is already public at the time of disclosure or which would become public without breach of the Agreement; or
(iii) Which would have been lawfully received from a third party;
(iv) required to be disclosed by judicial authorities, pursuant to laws and regulations or in order to establish a party's rights under the Agreement.

19. Personal Data

19.1. General provisions

The Parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon them in terms of personal data protection, especially Law 78-17 of 6 January 1978 in its latest amended version known as the Data Protection Act and Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter together the "Applicable Regulations").

For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of the other Party's contact persons as a data controller within the meaning of the Applicable Regulations, and for the duration of this Contract. This processing is necessary for the proper performance of this Agreement and only concerns the identification data (especially surname, first name, email address, telephone number) of the interlocutors.

The Parties' staff, their auditing departments (especially the auditor) and their subcontractors may have access to the personal data collected.

This processing may give rise to the exercise by the Parties' contact persons of their rights under the Applicable Regulations.

19.2. Processing of personal data by PlayPlay as a subcontractor

Description of the sub-contracted processing:

In the context of the Services, PlayPlay shall process personal data on behalf of Customer as a subcontractor, while Customer shall act as a data controller in accordance with the Applicable Regulations. The characteristics of the processing are described in Annex 1 of this Agreement.

PlayPlay's Obligations towards Customer:

- Data Processing:

PlayPlay undertakes to process personal data only for the purposes listed in Annex 1 and in accordance with Customer's documented instructions, including with respect to the transfer of data outside the European Union. PlayPlay agrees to notify Customer if it believes that any instruction constitutes a violation of the Applicable Regulations. In addition, if PlayPlay is required to transfer data to a third country or international organization under the law applicable to the Agreement, it must inform Customer of this legal obligation prior to processing, unless the relevant law prohibits such information for important reasons of public interest.

- Data Security and Confidentiality:

PlayPlay undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, its backup as well as the restoration of its availability in case of a physical or technical incident. PlayPlay also ensures that the persons authorized to process personal data are subject to the obligation to maintain confidentiality.

- Other Processors :
PlayPlay is allowed to use the subcontractors (hereinafter "Subcontractors") listed in Annex 1 of the Agreement to carry out specific processing activities. In the event of a change in the list of authorized Subcontractors, PlayPlay will inform Customer in advance in writing. Such information shall clearly indicate the outsourced processing activities, the identity and contact information of the Subcontractor. Customer shall have fifteen (15) days from the date of receipt of such information to submit its legitimate and reasoned objections. If no objections are notified within this period, the Customer shall be deemed to have accepted the use of the Subcontractor.

The Subcontractor is required to comply with the obligations of this Agreement on behalf of and as directed by Customer. It is PlayPlay's responsibility to ensure that the Subcontractors provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulation. If the Subcontractors fails to fulfill its data protection obligations, PlayPlay remains fully responsible to Customer for the Subcontractors performance of its obligations.

- Transfer of Personal Data Outside the European Union:
PlayPlay is permitted to transfer personal data processed under this Agreement to countries outside of the European Union, subject to appropriate safeguards being in place as set forth in Chapter V of the above regulation.

- Support and Provision of Information:
PlayPlay undertakes to assist Customer and respond promptly to any request for information made to it by Customer, whether in connection with a request to exercise their rights by data subjects, an impact assessment, or a request made by data protection authorities or Customer's data protection officer.

- Notification of Personal Data Breaches:
PlayPlay agrees to notify Customer as soon as practicable after becoming aware of any personal data breach and to provide Customer with all relevant information and documentation relating to such breach.

- Data outputs:
PlayPlay will, at its option, delete the personal data upon expiration of the Agreement or return it to Customer and not retain a copy of the personal data, except as required by applicable Regulations.

- Documentation:
PlayPlay shall make available to Customer, upon Customer's request, all information and documentation necessary to demonstrate compliance with its obligations and to enable audits to be conducted. Customer shall be entitled to conduct audits once (1) per year at its expense to verify PlayPlay's compliance with the obligations set forth in this Section. Customer shall notify PlayPlay of the audit with a minimum of two (2) weeks notice. PlayPlay reserves the right to refuse the identity of the selected auditor if it is from a competing company. The audit shall be conducted during PlayPlay's business hours and in a manner that causes minimal disruption to PlayPlay's business. The audit shall not in any way impair (i) the technical and organizational security measures deployed by PlayPlay, (ii) the security and confidentiality of other PlayPlay customers' data, or (iii) the proper functioning and organization of PlayPlay's production. To the extent possible, the Parties will agree in advance on the scope of the audit. The audit report will be sent to PlayPlay in order to allow PlayPlay to make any comments or remarks in writing, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.

Customer's Obligations towards PlayPlay:

Customer agrees to:
(a) provide to PlayPlay the personal data set forth in Annexe 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any "special" data as defined in the Applicable Regulations, except as justified by the processing operations, it being Customer's responsibility to establish such justifications and to take all measures, including prior information, consent and security measures, appropriate for such special data;
(b) collect under its responsibility, in a lawful, fair and transparent manner, the personal data provided to PlayPlay, for the performance of its services, and especially, ensure the legal basis of such collection and the information due to the persons concerned;
(c) maintain a record of processing and generally comply with the principles of the applicable Regulations;
(d) ensure that the obligations set forth in the Applicable Regulations are met beforehand and throughout the processing period.

20. Commercial References

Customer authorizes PlayPlay to use its name, trademark and logo as a commercial reference in any medium and in any form during the term of the Contract and one (1) year thereafter.

Customer agrees that its Videos may be broadcast free of charge by PlayPlay on its own Website and social media accounts, as well as in presentations of its business, by any means and on any medium, for internal and/or external promotion and communication purposes. Further, Customer acknowledges that it may be difficult to remove Videos from social media channels and sharing websites (such as Facebook, Instagram, YouTube, etc.) and agrees that such Videos may remain on social media channels and sharing websites as originally posted.

21. Force majeure

In accordance with the provisions of Article 1218 of the Civil Code, no party may be held liable for a failure to perform its contractual obligations if such failure is due to an event, beyond the control of the parties and constituting force majeure.

The prevented party will have to inform as soon as possible the other party by indicating the nature of the case of force majeure. The parties shall meet to determine together the most appropriate means to mitigate, if possible, the consequences of the event(s) constituting force majeure.

If, as a result of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain responsible for the performance of those obligations which are not affected by the force majeure as well as for its payment obligations.

Upon cessation of the force majeure, the affected party shall immediately inform the other party and resume performance of the affected obligations within a reasonable time.

22. Subcontracting

PlayPlay reserves the right to use subcontractors to perform the Services. In such event, PlayPlay shall notify Customer and shall require its subcontractors to comply with the same contractual obligations as those to which it is subject hereunder.

23. Modifications

PlayPlay reserves the right to modify these terms and conditions at any time. Customer will be informed of such modifications by any useful means, and especially by email, at least one (1) month before they come into force.

The modified terms and conditions shall apply when the Customer's Subscription is renewed following the entry into force of the modified general terms and conditions.

If the Customer does not accept the modified terms and conditions, the Customer must terminate the Subscription in accordance with the terms and conditions set forth in the article "Duration of Services, termination". Otherwise, the Customer shall be deemed to have accepted the modifications.

24. Applicable law and jurisdiction

These terms and conditions are subject to French law and will be governed and interpreted according to that law.

If the Customer is a professional, any dispute arising from the validity, interpretation or execution of these terms and conditions shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory procedural rules.

Annexe 1 - Personal Data

1. Description of the data processing performed by PlayPlay on behalf of Customer

Purposes of the processing of personal data

Provision of an online video creation SaaS platform allowing to create videos autonomously

Nature of the processing operations

Collection, recording, organization, structuring, conservation, adaptation, consultation, use, communication by transmission, deletion

Type of personal data processed

Identification data (last name, first name, ID, email address, phone number);
Work-related data (company name, job title),

Connection data (chat history, error reports, session records, date of first and last connection);

Video data (video content),

Video usage data (number of videos created and uploaded, type of template used, parameters used in videos, format and length of videos, time the video was created, number of previews generated).

Categories of people involved

Client’s employees and interns

Duration of the processing

Contract duration

2. List of authorized subcontractors

Subcontractor’s name 

Purpose

Processed data

Data localization

Google Ireland Limited – Barrow Street, Dublin, Ireland 

PlayPlay hosting

All data processed by PlayPlay

Belgium

Amazon Web Services Ireland Limited – Dublin, Ireland 

Emailing

Email address 

Ireland

Restpack Inc. (AnnounceKit) – Middletown, DE USA 

Announcements of new products

Email address, user ID 

USA

Appcues, Inc. – Boston, MA USA 

Contextual help 

Email address, user ID 

USA

Heap Inc. – San Francisco, CA USA 

Usage analysis 

Email address, user ID, technical information, usage data 

USA

Hotjar Limited – St Julian, Malta 

Recording of user sessions

Email address, user ID, technical information, usage data 

Ireland

Intercom Inc. – San Francisco, CA USA 

Online chat 

Email address, user ID, technical information

USA

Planhat AB – Stockholm, Sweden 

Customer support management

First and last name, email address, user ID and usage data 

Belgium and Netherlands

Functional Software, Inc. (Sentry) – San Francisco, CA USA 

Error reports 

Email address, user ID, technical information 

USA

ENTERPRISE PLAN

PLAYPLAY
Simplified joint stock company, Registry of Commerce of Paris 828 572 088
9 rue des Colonnes 75002 PARIS
contact@playplay.com

Coming into effect: 30 june 2022

1. Object

PlayPlay (hereinafter "PlayPlay") offers to its customers a service of video production, especially internal or external communication purposes, including on social networks, based on editorial templates made available by PlayPlay (hereinafter the "Templates"). The services are accessible via a platform (hereinafter the "Platform"), of which a functional and technical presentation is accessible on the website www.playplay.com (the "Website").

The services proposed by PlayPlay on the Platform (hereinafter the "Services") are accessible via an Enterprise offer exclusively intended for professionals.

The purpose of these terms and conditions, and the related quotation (the "Quotation") is to define the terms and conditions of the provision of the Services to the customer (the "Customer") as well as to define the rights and obligations of the parties in such context.

2. Contractual documents

The present terms and conditions constitute with the charters of use of the media libraries accessible via the Platform (hereinafter the "Charters") and the Quotation, an indivisible contractual whole (hereinafter the "Contract"), to the exclusion of any other particular conditions or general terms and conditions of the Customer not expressly agreed by PlayPlay. In the event of any inconsistency, the provisions of the Quotation shall prevail over those of the Terms and Conditions.

3. Legal capacity

The Platform and the Services are accessible to any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.

4. Ordering the Services and accepting the Contract

4.1. Subscription by signing a Quotation

To subscribe to the Services, the Customer contacts PlayPlay at the contact details indicated on the Website. It is the Customer's responsibility to provide PlayPlay with the relevant information and documents in order to enable PlayPlay to identify its needs and expectations. PlayPlay will then proceed to an analysis of Customer's needs and will establish on this basis one or more Quotations indicating the most suitable offer for Customer and the proposed Services (and especially the media libraries included).

Unless otherwise stated, any Quotation issued by PlayPlay is valid for thirty (30) days from its issuance. In the absence of validation by Customer within this period, it will be considered as void.

The Customer who wishes to order the Services must validate the corresponding Quotation within the above period, by any useful written means and especially by email. This validation may be followed by the issuance of a purchase order by the Customer, such purchase order is not affecting the Agreement.

Acceptance of these terms and conditions is evidenced by the validation of a Quotation.

Any validation of a Quotation, whether express or implied, shall imply full acceptance of these terms and conditions.

4.2. Modification of the Services

If Customer wishes to modify the content of its Subscription, as defined below (including the number of User Accounts), PlayPlay will issue a new Quotation to be validated by Customer, and will replace the previous Quotation.

5. License of the Platform

PlayPlay grants to Customer, on a worldwide basis and for the term set forth in the section "Term of the Services, termination", a non-exclusive, personal and non-transferable license to use the Platform, as it exists at the date hereof and in any future versions, as well as its technical documentation, in SaaS mode, for the sole purpose of providing the Services and for the sole purpose of the Users, as defined below. The license is granted to the Customer, for its own needs, understood as the needs related to its activity. The Customer is prohibited from assigning or transferring the benefit of the license to any third party.

The Customer shall refrain from and ensure that Users, as defined below, shall refrain from
- Reproduce, arrange, adapt all or part of the Platform;
- Proceed with any form of commercial exploitation of the Platform with third parties;
- Transfer, provide, lend, rent the Platform, grant sub-licenses or other rights of use, or more generally, communicate to a third party or an affiliated company all or part of the Platform;
- Integrate all or part of the Platform into any computer system or other software solution other than those provided for in the Agreement;
- Transmit or network the Platform, including over the Internet, outside of the Site, or distribute it in any other form without PlayPlay's prior written consent.

6. Description of the Services

The Customer will have access to the Services described on the Site, and especially:
- The provision of Templates;
- The possibility to customize the Templates, in particular by integrating the graphic charter of the Customer;
- The provision of tools allowing the assembly of standard screens (hereinafter the "Screens");
- Access to content from media libraries provided by PlayPlay.

From these elements, Customer may produce videos through the Platform (the "Videos"). To produce a Video, Customer must:
- Choose a Template and Screens from those available on its Platform;
- Fill in the proposed fields (author, quote, etc.);
- Choose media from its own database(s) (photo, video, music, etc.) and/or select, if it wishes, contents among the media libraries proposed by PlayPlay according to the offer subscribed by the Customer.

Customer may view the Video or download it at any time, during the term hereof, from the Platform.

By default, and unless Customer expressly declines by any useful written means, Customer acknowledges and agrees that PlayPlay may access the Videos, including for the following purposes:
- Provide personalized advice to Customer (editorial advice, advice on the use of Templates and Screens and other features);
- Assist Customer when requested on the Platform;
- Provide technical support.

7. Creation of User Accounts

7.1.  It is Customer's responsibility to select and indicate to PlayPlay the users having access to the Platform ("Users"), within the maximum number provided in the Quotation for the Enterprise offer.

PlayPlay agrees to use its best efforts to create the User Account as soon as possible after receipt of the opening request. PlayPlay will then provide User, by any useful written means, including email, with a login ID and a link to the Platform for User to create its password.

Any request to open a User Account must be for a professional email address specific to the User (i.e. any email address that is not generic and/or accessible to several of the Customer's employees (such as marketing@entreprise.com).

7.2. Users may access the Platform at any time after logging in using their login details.

7.3.  Customer warrants that all information it provides to PlayPlay is accurate and truthful and is not misleading.

7.4.  Without prejudice to the provisions of the article "License of the Platform", Customer undertakes to personally use the Services and not to allow any third party not authorized by Customer to use them in its place or on its behalf.

The Customer and his users are responsible for maintaining the confidentiality of his login and password.

He agrees to ensure that he does not allow any third party to use his Customer Account in his place. He expressly acknowledges that any use of the Platform with his login details will be deemed to have been made by him.

Customer agrees to contact PlayPlay without delay, by any useful written means an especially by email, if it appears that its Customer Account has been used without its knowledge.

7.5. Customer is responsible for the compliance of Users with the above obligations and guarantees PlayPlay in this respect.

8. Maintenance and customer service support

8.1. Evolutionary maintenance

PlayPlay agrees to provide to the Customer, at no additional, during the term of the Contract:

- Any improvements to the functionality of the Platform, related to its ergonomics, speed of execution or efficiency, and/or any revisions aiming at adding new minor functionalities. The nature and regularity of such updates shall be at PlayPlay's sole discretion. They may be made automatically and without prior notice, which Customer expressly agrees to;

- Any major changes to the Platform that radically improve the video creation experience and make it impossible to edit videos created with a previous version. PlayPlay will notify Customer at least thirty (30) calendar days prior to installation.

8.2. Support

Apart from anomalies and for any question related to the use of the Platform, PlayPlay provides a technical support service, consisting of assistance and advice.

Customer may access support via chat, on business days from 9am to 7pm.

Depending on the identified need, PlayPlay will estimate the time of its response and the nature of the response and will inform Customer.

9. Platform hosting

PlayPlay undertakes to ensure, as an obligation of means, the hosting of the Platform, in accordance with the practices of the profession and the state of the art, through a professional hosting provider, and on servers located in a territory of the European Union.

In case of change of hosting provider, PlayPlay undertakes to notify the Customer as soon as possible, by any useful written means.

As part of this hosting service, PlayPlay agrees to provide Customer with sufficient storage and processing capacity to operate the Platform.

PlayPlay agrees to implement all technical means, in accordance with the state of the art, to ensure the security of and access to the Platform and associated services (maintenance, support, hosting), including the protection and monitoring of the infrastructure, the control of physical and/or intangible access to the infrastructure, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.

PlayPlay also undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the automated data processing implemented for the needs of the said services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.

10. Duration of Services, termination

The Services are provided on a subscription basis (the "Subscription"). The Subscription begins on the date specified in the Quotation. The Subscription is for the term specified in the Quotation.

11. Financial conditions

11.1. Price and payment terms

a) Subscription Price

The price of the Subscription is indicated on the Quotation and depends of the number of User Accounts.

b) Billing and payment terms

The billing terms are specified in the Quotation. Unless otherwise agreed by the parties, invoices are sent to the Customer on a monthly basis by any means and must be paid by bank transfer within thirty (30) days of their issue.

11.2. Payment deadlines and incidents  

The Customer is hereby informed and expressly accepts that any delay in payment of all or part of an amount due on its due date shall automatically entail, without prejudice to the provisions of the article "Penalties for breaches" and as of the day following the date of payment shown on the invoice
- Immediate payment of all sums due by the Customer;
- Immediate suspension of access to the Platform and Services until full payment of all sums due by the Customer;
- The invoicing in favor of  PlayPlay of a late payment interest at the rate of three (3) times the legal interest rate, based on the amount of the entirety of the sums due by Customer and of a fixed compensation of forty (40) euros as collection costs, without prejudice to an additional compensation if the collection costs actually incurred are higher than this amount.

12. Agreement of proof

Customer expressly acknowledges and agrees that the data collected on the Platform and PlayPlay's computer equipment:
(i) Are evidence of the reality of the transactions occurring hereunder;
(ii) Constitute the primary form of evidence admitted between the parties.

13. Customer's obligations and responsibilities

13.1. Customer agrees to provide PlayPlay with all documents, materials, data and information necessary for the performance of the Services. More generally, Customer agrees to actively cooperate with PlayPlay and especially with its dedicated staff for the proper performance of the Contract.

13.2. With exception concerning the Templates, Screens and any content to which PlayPlay holds rights, Customer is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other) that it incorporates in the Videos (hereinafter the "Content"). He guarantees to PlayPlay that he has all the rights and authorizations necessary for the broadcasting of these Contents.

Customer is thus prohibited from including in the Videos and broadcasting Content, without this list being exhaustive:
- Undermining public order and morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist);
- Infringing on the rights of third parties (infringing content, infringing on personality rights, etc.) and, more generally, violating a contractual, legislative or regulatory provision;
- Harmful to third parties in any way whatsoever;
- Misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities;
- Harmful to the computer systems of third parties.

13.3. Customer warrants and agrees to remove upon PlayPlay's request any Video that has been flagged by the owner of any of the media libraries accessible on the Platform as infringing the rights of third parties.

13.4. Customer is solely responsible for the management of its accounts on the social networks and undertakes to respect the general terms and conditions of the said networks on which it uploads the Videos.

13.5. Customer who wishes to keep his Videos beyond his Subscription must take the necessary measures to save them by downloading them before the end of the Subscription, no copy of the Videos being kept by PlayPlay beyond the aforementioned durations, unless the parties agree otherwise.

13.6. Customer is solely responsible for complying with the laws and regulations applicable to its business and especially for complying with any legal notices imposed by them. Therefore, Customer shall in no event seek PlayPlay's liability or warranty in this respect.

1.7. Customer undertakes to make strictly personal use of the Services. In the event of any breach of this obligation, PlayPlay reserves the right to terminate Customer's access to its User Account immediately upon discovery of such breach.

13.8. Customer acknowledges that it has received from PlayPlay by any useful written means the Charters, which it agrees to comply with.

In no event shall PlayPlay be liable for Customer's use of any content in the media library that does not comply with the terms of use set forth in the Charters.

PlayPlay reserves the right to update the content of the Charters at any time and will provide the updated version to Customer by any useful written means.

14. PlayPlay's obligations and liability

14.1. PlayPlay undertakes to provide the Services in a diligent and workmanlike manner, it being understood that PlayPlay is under an obligation of means, to the exclusion of any obligation of result, which the Customer expressly acknowledges and agrees.

14.2. PlayPlay does not warrant to Customer that the Templates, Screens, any content to which PlayPlay holds rights, or the final renderings of the Videos will satisfy all of its tastes, needs and expectations.

14.3. PlayPlay undertakes to use the documents, materials, data, information and Content provided to it by Customer only for the purpose of performing the Services and in accordance herewith. It warrants to the Customer that it will properly preserve such documents, materials, data, information and Content for the duration of the Services and shall destroy them upon completion of the Services.

1.4. PlayPlay warrants to the Customer the full and peaceful enjoyment of the rights granted on the Templates, the Screens and all contents on which PlayPlay holds rights against any and all disorders, actions, claims or evictions whatsoever.

Especially, it warrants to Customer that it has all necessary rights and permissions to grant this license to the Templates, the Screens and any content over which PlayPlay holds rights, and that the latter contains nothing that may fall under the laws and regulations relating in particular to counterfeiting, unfair competition, privacy, image rights, personality rights and, more generally, infringe the rights of third parties.

PlayPlay indemnifies Customer against any and all claims, complaints, actions and/or demands that it may suffer in this respect.

On the other hand, PlayPlay shall not be liable for any decisions made by Customer or any third party appointed by Customer, which contravene the Agreement. 

14.5. PlayPlay undertakes to carry out regular checks in order to verify the functioning and accessibility of its Site and the Platform. In this respect, PlayPlay reserves the right to momentarily interrupt access to its Site and/or Platform for maintenance purposes, under the usual state of the art conditions.

However, PlayPlay is not responsible for temporary difficulties or impossibilities of access to the Services which would have for origin:
- Circumstances external to its network (and in particular the partial or total failure of the Customer's servers);
- The failure of equipment, cabling, services or networks not included in the Services or not under its responsibility;
- The interruption of the Services due to telecom operators or Internet access providers;
- Force Majeure.

PlayPlay is responsible for the operation of its servers, the outer limits of which are constituted by the connection points.

14.6. In any event, the liability that may be incurred by PlayPlay hereunder is expressly limited to the direct damages suffered by the Customer and shall not exceed the total amount of the price paid by the Customer for the Services during the last six (6) months preceding the harmful event.

15. Penalties for breaches

In case of breach by Customer of any of the provisions of the Agreement, PlayPlay reserves the right to:
- Suspend or terminate access to the Services;
- Remove any content related to the breach;
- Publish on the Platform any informational message that PLAYPLAY deems appropriate;
- Send an email to Customer specifying the breach to:
- To terminate the Agreement, with termination taking effect on the date of receipt or first presentation of such letter; or
- To request the Client to remedy the breach within a maximum of fifteen (15) calendar days. The termination will take effect at the end of this period if the breach is not remedied.
- Where applicable, termination will result in the deletion of the Customer Account;
- Notify any competent authority, cooperate with it and provide it with all information useful for the research and repression of illegal or illicit activities;
- Initiate any legal action.

16. Ownership

16.1. PlayPlay Intellectual Property

The systems, software, structures, infrastructures, databases and contents of any kind (Templates, Screens, texts, images, visuals, music, logos, brands, databases, etc.) operated by PlayPlay within its Website and the Platform are protected by all intellectual property rights or database producers' rights in force.

16.2. Ownership of Videos

Customer owns the Videos created on the Platform. The Customer is therefore free to use them, especially for commercial purposes, subject to compliance with the conditions described in the Charters.

17. Confidentiality

Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which are expressly identified by the other party as being confidential. All such information is hereinafter referred to as "Confidential Information".

The party receiving the Confidential Information agrees not to disclose it without the prior consent of the other party for a period of three (3) years from the completion of the Services. This obligation does not extend to documents, materials, data and information:

(i) Of which the receiving party already had knowledge;
(ii) Which is already public at the time of disclosure or which would become public without breach of the Agreement; or
(iii) Which would have been lawfully received from a third party;
(iv) required to be disclosed by judicial authorities, pursuant to laws and regulations or in order to establish a party's rights under the Agreement.

18. Personal Data

18.1. General provisions

The Parties undertake, each insofar as it is concerned, to comply with all legal and regulatory obligations incumbent upon them in terms of personal data protection, especially Law 78-17 of 6 January 1978 in its latest amended version known as the Data Protection Act and Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter together the "Applicable Regulations").

For the purposes of managing the contractual relationship between the Parties, each Party processes the personal data of the other Party's contact persons as a data controller within the meaning of the Applicable Regulations, and for the duration of this Contract. This processing is necessary for the proper performance of this Agreement and only concerns the identification data (especially surname, first name, email address, telephone number) of the interlocutors.

The Parties' staff, their auditing departments (especially the auditor) and their subcontractors may have access to the personal data collected.

This processing may give rise to the exercise by the Parties' contact persons of their rights under the Applicable Regulations.

18.2. Processing of personal data by PlayPlay as a subcontractor

Description of the sub-contracted processing

In the context of the Services, PlayPlay shall process personal data on behalf of Customer as a subcontractor, while Customer shall act as a data controller in accordance with the Applicable Regulations. The characteristics of the processing are described in Annex 1 of this Agreement.

PlayPlay's Obligations towards Customer

- Data Processing:
PlayPlay undertakes to process personal data only for the purposes listed in Annex 1 and in accordance with Customer's documented instructions, including with respect to the transfer of data outside the European Union. PlayPlay agrees to notify Customer if it believes that any instruction constitutes a violation of the Applicable Regulations. In addition, if PlayPlay is required to transfer data to a third country or international organization under the law applicable to the Agreement, it must inform Customer of this legal obligation prior to processing, unless the relevant law prohibits such information for important reasons of public interest.

- Data Security and Confidentiality:
PlayPlay undertakes to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, its backup as well as the restoration of its availability in case of a physical or technical incident. PlayPlay also ensures that the persons authorized to process personal data are subject to the obligation to maintain confidentiality.

- Other Processors:
PlayPlay is allowed to use the subcontractors (hereinafter "Subcontractors") listed in Annex 1 of the Agreement to carry out specific processing activities. In the event of a change in the list of authorized Subcontractors, PlayPlay will inform Customer in advance in writing. Such information shall clearly indicate the outsourced processing activities, the identity and contact information of the Subcontractor. Customer shall have fifteen (15) days from the date of receipt of such information to submit its legitimate and reasoned objections. If no objections are notified within this period, the Customer shall be deemed to have accepted the use of the Subcontractor.

The Subcontractor is required to comply with the obligations of this Agreement on behalf of and as directed by Customer. It is PlayPlay's responsibility to ensure that the Subcontractors provides the same sufficient guarantees as to the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulation. If the Subcontractors fails to fulfill its data protection obligations, PlayPlay remains fully responsible to Customer for the Subcontractors performance of its obligations.

- Transfer of Personal Data Outside the European Union:
PlayPlay is permitted to transfer personal data processed under this Agreement to countries outside of the European Union, subject to appropriate safeguards being in place as set forth in Chapter V of the above regulation.

- Support and Provision of Information:
PlayPlay undertakes to assist Customer and respond promptly to any request for information made to it by Customer, whether in connection with a request to exercise their rights by data subjects, an impact assessment, or a request made by data protection authorities or Customer's data protection officer.

- Notification of Personal Data Breaches:
PlayPlay agrees to notify Customer as soon as practicable after becoming aware of any personal data breach and to provide Customer with all relevant information and documentation relating to such breach.

- Data outputs:
PlayPlay will, at its option, delete the personal data upon expiration of the Agreement or return it to Customer and not retain a copy of the personal data, except as required by applicable Regulations.

- Documentation:
PlayPlay shall make available to Customer, upon Customer's request, all information and documentation necessary to demonstrate compliance with its obligations and to enable audits to be conducted. Customer shall be entitled to conduct audits once (1) per year at its expense to verify PlayPlay's compliance with the obligations set forth in this Section. Customer shall notify PlayPlay of the audit with a minimum of two (2) weeks notice. PlayPlay reserves the right to refuse the identity of the selected auditor if it is from a competing company. The audit shall be conducted during PlayPlay's business hours and in a manner that causes minimal disruption to PlayPlay's business. The audit shall not in any way impair (i) the technical and organizational security measures deployed by PlayPlay, (ii) the security and confidentiality of other PlayPlay customers' data, or (iii) the proper functioning and organization of PlayPlay's production. To the extent possible, the Parties will agree in advance on the scope of the audit. The audit report will be sent to PlayPlay in order to allow PlayPlay to make any comments or remarks in writing, which will be attached to the final version of the audit report. Each audit report will be considered confidential information.

Customer's Obligations towards PlayPlay:
Customer agrees to:
(a) provide to PlayPlay the personal data set forth in Annexe 1, excluding any irrelevant, disproportionate or unnecessary personal data, and excluding any "special" data as defined in the Applicable Regulations, except as justified by the processing operations, it being Customer's responsibility to establish such justifications and to take all measures, including prior information, consent and security measures, appropriate for such special data;
(b) collect under its responsibility, in a lawful, fair and transparent manner, the personal data provided to PlayPlay, for the performance of its services, and especially, ensure the legal basis of such collection and the information due to the persons concerned;
(c) maintain a record of processing and generally comply with the principles of the applicable Regulations;
(d) ensure that the obligations set forth in the Applicable Regulations are met beforehand and throughout the processing period.

19. Audit

During the duration of the Agreement hereof, PlayPlay may, at its own expense and subject to providing Customer, request an audit at Customer's premises or at any other location to verify the conditions under which the Platform is used, including compliance of its use with the purpose of the license and, if applicable, compliance with the number of authorized Users. Such audit is submitted to at least thirty (30) days prior notice by registered letter with return receipt.

It is expressly agreed between the parties that this audit may be performed by PlayPlay's internal auditors or by an external service provider of its choice, without the Customer being able to object to it. Customer may, however, express any reservations to PlayPlay regarding the choice of auditor, with PlayPlay retaining the decision whether to retain the selected auditor.

Customer will provide such auditor with access to its premises and any relevant documents for the purpose of the audit during normal business hours. PlayPlay agrees that it will comply with, and cause the selected auditor to comply with, Customer's requirements for access to its premises and confidentiality.

PlayPlay will provide Customer with a copy of its audit findings by any appropriate written means. Customer shall then have thirty (30) calendar days upon receipt of such report to provide PlayPlay with any comments.

In the event that an audit report reveals a non-compliant use of the Platform by Customer, Customer agrees to remedy such non-compliance, at its own expense and as soon as possible, as well as to immediately pay to PlayPlay all costs and fees incurred by PlayPlay in connection with such audit, upon presentation of the corresponding invoice, without prejudice to any damages.

20. Commercial References

Customer authorizes PlayPlay to use its name, trademark and logo as a commercial reference in any medium and in any form during the term of the Contract and one (1) year thereafter.

Customer agrees that its Videos may be broadcast free of charge by PlayPlay on its own Website and social media accounts, as well as in presentations of its business, by any means and on any medium, for internal and/or external promotion and communication purposes. Further, Customer acknowledges that it may be difficult to remove Videos from social media channels and sharing websites (such as Facebook, Instagram, YouTube, etc.) and agrees that such Videos may remain on social media channels and sharing websites as originally posted.

21. Force majeure

In accordance with the provisions of Article 1218 of the Civil Code, no party may be held liable for a failure to perform its contractual obligations if such failure is due to an event, beyond the control of the parties and constituting force majeure.

The prevented party will have to inform as soon as possible the other party by indicating the nature of the case of force majeure. The parties shall meet to determine together the most appropriate means to mitigate, if possible, the consequences of the event(s) constituting force majeure.

If, as a result of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain responsible for the performance of those obligations which are not affected by the force majeure as well as for its payment obligations.

Upon cessation of the force majeure, the affected party shall immediately inform the other party and resume performance of the affected obligations within a reasonable time.

22. Subcontracting

PlayPlay reserves the right to use subcontractors to perform the Services. In such event, PlayPlay shall notify Customer and shall require its subcontractors to comply with the same contractual obligations as those to which it is subject hereunder.

23. Modifications

PlayPlay reserves the right to modify these terms and conditions at any time. Customer will be informed of such modifications by any useful means, and especially by email, at least one (1) month before they come into force.

The modified terms and conditions shall apply when the Customer's Subscription is renewed following the entry into force of the modified general terms and conditions.

If the Customer does not accept the modified terms and conditions, the Customer must terminate the Subscription in accordance with the terms and conditions set forth in the article "Duration of Services, termination". Otherwise, the Customer shall be deemed to have accepted the modifications.

24. Applicable law and jurisdiction

These terms and conditions are subject to French law and will be governed and interpreted according to that law.

If the Customer is a professional, any dispute arising from the validity, interpretation or execution of these terms and conditions shall be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory procedural rules.

Annexe 1 - Personal Data

1. Description of the data processing performed by PlayPlay on behalf of Customer

Purposes of the processing of personal data

Provision of an online video creation SaaS platform allowing to create videos autonomously

Nature of the processing operations

Collection, recording, organization, structuring, conservation, adaptation, consultation, use, communication by transmission, deletion

Type of personal data processed

Identification data (last name, first name, ID, email address, phone number);
Work-related data (company name, job title),

Connection data (chat history, error reports, session records, date of first and last connection);

Video data (video content),

Video usage data (number of videos created and uploaded, type of template used, parameters used in videos, format and length of videos, time the video was created, number of previews generated).

Categories of people involved

Client’s employees and interns

Duration of the processing

Contract duration

2. List of authorized subcontractors

Subcontractor’s name 

Purpose

Processed data

Data localization

Google Ireland Limited – Barrow Street, Dublin, Ireland 

PlayPlay hosting

All data processed by PlayPlay

Belgium

Amazon Web Services Ireland Limited – Dublin, Ireland 

Emailing

Email address 

Ireland

Restpack Inc. (AnnounceKit) – Middletown, DE USA 

Announcements of new products

Email address, user ID 

USA

Appcues, Inc. – Boston, MA USA 

Contextual help 

Email address, user ID 

USA

Heap Inc. – San Francisco, CA USA 

Usage analysis 

Email address, user ID, technical information, usage data 

USA

Hotjar Limited – St Julian, Malta 

Recording of user sessions

Email address, user ID, technical information, usage data 

Ireland

Intercom Inc. – San Francisco, CA USA 

Online chat 

Email address, user ID, technical information

USA

Planhat AB – Stockholm, Sweden 

Customer support management

First and last name, email address, user ID and usage data 

Belgium and Netherlands

Functional Software, Inc. (Sentry) – San Francisco, CA USA 

Error reports 

Email address, user ID, technical information 

USA