These general subscription terms and conditions are entered into between:
AUSHA
A simplified joint-stock company with a share capital of €1,224,720,
Whose registered office is located at 679 Avenue de la République, 59800 Lille, FRANCE,
Registered with the LILLE METROPOLE Trade and Companies Register under number 879 276 723,
Represented by its legal representative,
And:
Any natural or legal person wishing to gain access to the AUSHA platform (hereinafter referred to as “the Platform”), provided by the Company via the website https://app.ausha.co,
Hereinafter referred to as “the Client,”
Collectively referred to as “the Parties” and individually as “the Party.”
Preamble
AUSHA is a platform for hosting and distributing podcasts, enabling Podcasters to publish and manage their podcasts.
Any subscription to the Platform implies the Client’s full and unconditional acceptance of these general subscription terms and conditions. These terms shall take precedence over any other general or specific terms proposed by the Client.
The Company reserves the right to modify these general subscription terms and conditions at any time. However, it is agreed that the terms applicable to the Client shall be those in effect on the date of their order on the Platform.
These general subscription terms and conditions are the exclusive property of the Company. Any reproduction, even partial, is strictly prohibited.
ARTICLE 1 – DEFINITIONS
Client: Refers to an adult natural person with legal capacity who subscribes to a Subscription to the Platform from the Company.
Podcaster: Refers to an adult natural person with legal capacity registered on the Platform who publishes one or more podcasts on the Platform. The Client is a Podcaster.
Platform: Refers to the interactive tool provided by the Company, accessible via the website https://app.ausha.co.
Subscription: Refers to the access plan to the Platform, subscribed to by the Client with the Company.
Account: Refers to the Client’s dedicated personal management space.
Access Code: Refers to the login credentials, including username and password, enabling the Client to access their Account.
Content: Refers to all audiovisual, textual, sound, graphic, photographic, etc., elements, including Podcasts, sent, transmitted, broadcast, or published by the Client or interacted with by the Client on the Platform, in any form, including text, image, video, and audio formats.
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 belonging to the Show. The Episode is specifically defined by a title, description, and image.
RSS Feed: Refers to a file containing textual information about the Show and its Episodes. It is automatically updated with every change to the Show or its Episodes.
ARTICLE 2 – PURPOSE
These general terms and conditions aim to define the contractual relationship between the Company and the Client, particularly the terms and conditions for subscribing to the Platform by the Client.
The Client acknowledges having received from the Company all the information they deem necessary to ensure the suitability of the Platform for their needs and to understand the corresponding prerequisites for its use, if applicable.
ARTICLE 3 – PLATFORM FEATURES
The features of the Platform are subject to change at the sole discretion of the Company.
The Company does not guarantee that the Platform’s features will be suitable for any specific use intended by the Client, who is therefore responsible for verifying the suitability of the provided features for their needs beforehand.
The Platform allows the Client to:
- Publish their Show on the Platform by:
- Manually adding Episodes from their computer and completing the required information;
- Directly importing Episodes via their RSS Feed.
- Manage their Show (e.g., add Episodes or delete a Show) and edit related information.
- Access listening statistics.
- View a geolocation map of listens, which are anonymized.
- Share their Show and/or Episodes via an RSS export, a public page, a player, or social networks.
The features accessible to the Client depend on the Subscription plan chosen.
Ausha offers a feature to share content via YouTube (starting from the Boost plan). By subscribing to Ausha, you confirm your agreement with YouTube’s terms of service, Google’s privacy policy, and acknowledge Google’s privacy settings.
As part of this integration, Ausha collects identifiable personal data via Google’s APIs. These data are limited to the YouTube Account ID, account name, and a refresh token that provides account access.
Regarding these data, Ausha complies with Google’s API Services User Data Policy, including the Limited Use requirements, does not share these data with any third party, and does not use them for activities related to artificial intelligence.
ARTICLE 4 – SUBSCRIPTION PLANS OFFERED
Subscription plans can be purchased on a monthly or annual basis.
The prices of the Subscription plans are expressed in euros, inclusive of all taxes, based on the VAT rate in effect on the day of the order. Any change in the rate will be immediately reflected in the prices of the said plans.
The Company reserves the right to modify its prices and offers at any time. However, it is agreed that the prices displayed on the Platform on the day of the order will be the only ones applicable to the Client.
ARTICLE 5 – PAYMENT TERMS
The accepted payment method is:
- Credit card (secure online payment).
Payments are made automatically at each due date as long as the contract remains active.
It is specified that if the payment is made via the Platform, the banking transaction is secured, and under no circumstances does the Company retain the Client’s banking information.
An invoice showing the VAT will be sent to the Client via email.
When the agreed term is reached, the Client is automatically required to pay the amounts due without the need for a reminder. Failure to pay on the agreed due dates will result in:
- Suspension of the current Subscription and immediate demand for the payment of any remaining amounts due;
- The right for the Company to require upfront payment before subscribing to any subsequent Subscription.
Additionally, in accordance with Law No. 2012-387 of March 22, 2012, the Client in default of payment shall automatically owe the Company a fixed compensation of €40 for collection costs.
ARTICLE 6 – SUBSCRIPTION TERMS
Prior to subscribing, the Client must create an Account, under the conditions outlined in Article 4 of the Platform’s General Terms of Use (https://fr.ausha.co/cgu/). The Client agrees to provide accurate information and to update it regularly.
Any subscription implies full and unconditional acceptance of these general subscription terms and conditions. The Client accepts these terms and conditions.
The Client is bound as soon as they complete the payment of the corresponding amounts.
All provided data and the recorded confirmation serve as proof of the transaction. The Company will archive orders and order confirmations on a reliable and durable medium, constituting a reliable copy in accordance with Article 1379 of the French Civil Code.
ARTICLE 7 – RIGHT OF WITHDRAWAL
Any Client considered a “Consumer” under the French Consumer Code who places an order on the Platform for non-professional purposes has the right of withdrawal (Article L.221-18 et seq. of the Consumer Code).
The Client has a withdrawal period of fourteen (14) days, starting the day after their subscription, during which they may cancel without providing a reason or incurring penalties.
This request can be made directly via the Platform or by sending a registered letter with acknowledgment of receipt to the Company.
If the right of withdrawal is exercised, the Company will refund the Client the full amount paid without undue delay and, at the latest, within fourteen (14) days from the date it is informed of the Client’s decision to withdraw.
The refund will be processed using the same payment method the Client used for the initial transaction unless the Client expressly agrees to an alternative method, provided that this refund does not incur any additional costs for the Client.
Pursuant to Article L.221-25 of the Consumer Code, the Client may request that the service begins before the end of the fourteen (14) day withdrawal period.
In such cases, if the Client exercises their right of withdrawal after the service has begun, at their express request, before the end of the withdrawal period, they must pay the Company an amount corresponding to the service provided up to the point when the withdrawal decision was communicated. This amount will be proportional to the total agreed price of the service. If the total price is excessive, the amount will be calculated based on the market value of the service provided by the Company.
Exercising the right of withdrawal terminates the Company’s obligation to provide the services.
ARTICLE 8 – OBLIGATIONS OF THE COMPANY
8.1 – AVAILABILITY
The Company undertakes to take reasonable measures to ensure that the Platform is accessible via the Internet 24/7, 365 days a year, except in cases of force majeure, technical and/or IT and/or telecommunication issues, and/or maintenance periods (including updates).
The Company cannot be held liable for any unavailability of the Platform caused by the Client’s Internet connection, equipment, or maintenance operations necessary for the proper functioning of the Platform.
The Company reserves the right to immediately and without prior notice interrupt access to the Platform in the following cases:
- To perform technical interventions or maintenance operations.
- The Company will notify the Client in advance whenever possible.
- If the Company receives a notice from a competent administrative, arbitral, or judicial authority, in accordance with applicable laws or from a third party, including under the French Law on Confidence in the Digital Economy of June 21, 2004.
- If the Platform is used in a manner that violates these terms.
8.2 – CONFIDENTIALITY AND SECURITY OF ACCESS
In general, the Company commits to implementing all technical measures, consistent with current technological standards, to maintain the integrity, security, and confidentiality of access to the Platform.
8.3 – FEATURE UPDATES
The Company reserves the right to modify the presentation, operation, or features of the Platform at any time, without prior notice to the Client.
The Company does not guarantee that the Platform’s features will meet specific needs anticipated by the Client. It is the Client’s responsibility to verify in advance that the provided features align with their requirements.
8.4 – HOSTING
The Company ensures the hosting of the Platform under conditions of access and facility security that comply with industry standards.
8.5 – MAINTENANCE
The Company provides both evolutionary and corrective maintenance of the Platform to ensure its sustainability and availability as part of a best-effort obligation.
The Client automatically benefits from all updates developed by the Company for the version of the Platform they are using.
The Company cannot be held liable for any incompatibility of the Platform with the Client’s equipment (hardware and software), resulting notably from:
- Incompatibility with the Client’s terminal version,
- The Client’s failure to update the Platform,
- Maintenance operations performed by the Company.
Additionally, the Company cannot be held responsible for the Platform’s compatibility with any new equipment (hardware and software) for which the Platform has not been updated.
ARTICLE 9 – CLIENT OBLIGATIONS
9.1 – VERIFICATION OF PLATFORM COMPATIBILITY
The Client confirms that, prior to accepting these terms, they have reviewed the technical specifications and security features of the Platform.
The Client is responsible for ensuring they have all necessary equipment (hardware and software) to use the Platform via the Internet. They must regularly update their equipment and Internet connection to ensure the proper functioning of the Platform.
9.2 – ACCESS CODES
Access to the Client’s Account is secured to permanently protect the Client’s data from unauthorized third parties while using the Platform.
The Client is informed that the Access Codes required to access their Account are personal and confidential and must not be shared with third parties.
The use and safekeeping of Access Codes are solely the responsibility of the Client, who will bear the consequences of their use by third parties who have gained knowledge of them. The Company shall not be liable for any loss or damage resulting from the Client’s failure to comply with these requirements.
In the event of loss or theft of their credentials, the Client agrees to either change their password or request a new one through the Company’s provided recovery procedure as soon as possible.
9.3 – PROVIDED INFORMATION
The Client guarantees that all information provided when subscribing to their Subscription is accurate and agrees to update it regularly.
9.4 – USE OF THE PLATFORM AND PUBLISHED CONTENT
The Client agrees to use the Platform solely for the purposes specified in these general terms and conditions and in strict compliance with technical and security standards.
As a User of the Platform, the Client commits to reading and adhering to the Platform’s General Terms of Use, available at the following address: https://fr.ausha.co/cgu/.
The Client is responsible for their use of the Platform. Consequently, any processing, transmission, dissemination, or display of information or data via the Platform by the Client is carried out under their sole and full responsibility, in strict compliance with legal and regulatory provisions governing the use of online services.
The Client bears sole responsibility for the Content they publish and/or interact with. They are prohibited from disseminating any Content (texts, images, photos, videos, links, etc.) that:
- Infringes on the rights and interests of third parties,
- Violates applicable laws and regulations,
- Contravenes public order or morality.
Additionally, the Client agrees not to transmit, via the Platform, any Content containing computer viruses or other codes, files, or programs designed to interrupt, destroy, or limit the functionality of any software, computer, or telecommunications tool. This list is not exhaustive.
The Client is responsible for any Content that violates these provisions and acknowledges that the Company has the right to remove any non-compliant Content.
The Client also agrees to promptly report any anomalies in the use of the Platform to the Company at the following email address: [email protected].
The Client is prohibited from developing, commercializing, subletting, or making the Platform subject to these terms, or any product or service likely to compete with it, available to unauthorized third parties.
9.5 – BACKUP, SECURITY, AND CONFIDENTIALITY OF DATA
The Client assumes full responsibility for regularly and completely backing up their data. They agree to safeguard their data and ensure its security and confidentiality.
ARTICLE 10 – LIABILITY
The Company is bound only by a best-effort obligation concerning the commitments outlined in these terms.
The Client is aware of the technical uncertainties inherent in the Internet and the potential access interruptions they may cause. Consequently, the Company cannot be held liable for any unavailability or slowdown of the Platform.
The Company does not guarantee the uninterrupted operation of the Platform, which is accessed remotely via the Internet, and the Client acknowledges this.
The Company reserves the right to suspend the Client’s access to the Platform without prior notice in the event of abnormal, fraudulent, or unlawful use of the Platform by the Client, or at the request of a judicial or administrative authority. This also applies in cases that violate public order, morality, applicable laws and regulations, or the rights and interests of third parties or the Company.
The Parties expressly agree that the Company will not be held responsible for Platform interruptions or damages caused by:
- Decisions made by authorities or force majeure, as defined by Article 1218 of the French Civil Code and French jurisprudence;
- Power supply interruptions or transmission line failures caused by public or private operators;
- Abnormal or fraudulent use by the Client or third parties requiring the Platform to be shut down for security reasons;
- Unauthorized intrusions or fraudulent access by third parties into the system, or illegal data extraction, despite the implementation of security measures compliant with current technical standards. The Company is only obligated to use its best efforts based on known security technologies;
- The nature and content of information and data created, transferred, and/or communicated by the Client. More broadly, the Company cannot be held responsible for data, information, results, or analyses originating from third parties, transmitted or received through the Platform, that infringe on third-party rights or violate applicable laws in any way;
- Loss or delays in transmitting information or data when the Company is not responsible for the delay;
- Failures in the Internet network or telephone or cable networks providing access to the Internet that are not operated by the Company;
- Failures in hosting servers.
The Company cannot be held liable for indirect damages, such as lost profits or anticipated savings, lost revenue, or damages not directly and exclusively resulting from a Platform failure, nor for third-party claims.
In any case, the Parties agree that the total amount of liability incurred by the Company, if it is held responsible for any reason, will be limited to the amounts actually paid by the Client to the Company during the term of the agreement.
The Company shall not be held liable for damages of any kind, direct or indirect, resulting from the Content published by the Client (including Podcasts) or from the Client’s use of the Platform.
The Client is solely responsible for any damages of any kind, material or immaterial, direct or indirect, caused to third parties, including the Company, due to the use or unlawful exploitation of the Platform, regardless of the cause or location of such damage.
The Client indemnifies the Company against any consequences, claims, or actions the Company may face due to the Client’s actions.
The Client waives all claims against the Company in the event of legal proceedings brought by a third party against them due to the unlawful use or exploitation of the Platform.
ARTICLE 11 – INTELLECTUAL PROPERTY
The Platform is the exclusive property of the Company.
The Company holds all intellectual property rights related to the Platform, including all graphic, audio, textual, and software elements, as well as the underlying technology and any other components of the Platform.
The Client agrees not to infringe on the Company’s intellectual property rights and is prohibited from reproducing, representing, translating, modifying, or distributing, even partially, any element protected by intellectual property rights without the Company’s prior express authorization.
Any reproduction of an element of the Platform by the Client without the Company’s authorization constitutes an act of infringement subject to criminal and civil prosecution.
The creation of deep hyperlinks to the Platform requires the prior express consent of the Company.
Additionally, the Client is prohibited from exploiting, in any manner, the Content and information present on the Platform.
The Client is expressly forbidden from using the Platform for commercial purposes without the prior express authorization of the Company.
ARTICLE 12 – PERSONAL DATA
The Company informs the Client that their personal data is processed for customer relationship management purposes, in compliance with the amended French Data Protection Act of January 6, 1978, and Regulation (EU) 2016/679 of April 27, 2016 (GDPR).
The Client has the right to access, rectify, delete, and port their personal data. They also have the right to object to or limit the processing of their data.
These rights can be exercised by simply contacting the Company via postal mail at the following address: AUSHA, 679 Avenue de la République, 59800 Lille, with proof of identity. Requests are processed by the Company within a maximum of one month from the date of receipt.
The Client also has the right to file a complaint with the CNIL (https://www.cnil.fr).
The data provided by the Client is retained for the duration of their Subscription.
Unless the Client gives prior and explicit consent, their personal data will not be shared with third parties or used for commercial prospecting purposes.
The Company takes all appropriate measures to ensure the security and confidentiality of processed personal data.
ARTICLE 13 – CONFIDENTIALITY
Each Party agrees to treat as confidential, and not to reproduce or disclose, any information provided by the other Party for the execution and implementation of the Contract that, due to its technical, commercial, or financial content, should be considered confidential. This includes information that has not been publicly disclosed and is purely personal to the disclosing Party.
This confidentiality obligation does not apply to information for which the receiving Party can demonstrate that it was obtained through other means than the Contract or it is already in the public domain.
This obligation also does not apply when a Party is required to disclose information under legal provisions, public authority orders, or court decisions.
The Parties’ confidentiality obligations will remain in effect for the duration of the Contract and for as long as the information remains confidential to the disclosing Party. In any case, the obligation will extend for a period of two (2) years after the termination of the Contract.
ARTICLE 14 – EARLY TERMINATION
Any serious breach by either Party of any obligations under this Contract, which is not remedied within fifteen (15) days of the receipt of a registered letter with acknowledgment of receipt, entitles the other Party to unilaterally terminate the Contract by operation of law. This is without prejudice to any damages to which the aggrieved Party may be entitled under these terms, and subject to the aforementioned notice period.
Termination of the Contract, for any reason, results in the deletion of the Client’s access to the features covered by their Subscription as of the effective date of termination.
The Client must take all necessary measures to recover their data and Podcasts before their access to the Platform is removed. The Client acknowledges and agrees that their data will, in any case, be automatically deleted by the Company thirty (30) days after the Contract’s termination date.
ARTICLE 15 – SUBCONTRACTING
The Company is authorized to engage subcontractors to fulfill its obligations under this Contract.
The Company remains responsible for the work and services provided by its subcontractors under conditions identical to those for its own work or services.
ARTICLE 16 – EVIDENCE
Computerized records maintained in the Company’s systems under reasonable security conditions will be considered as proof of communications, orders, and payments between the Parties.
ARTICLE 17 – WAIVER AND TOLERANCE
The Parties expressly agree that any tolerance or waiver by either Party in enforcing any or all obligations provided in this agreement, regardless of frequency or duration, shall not constitute an amendment to the agreement nor create any right.
ARTICLE 18 – INVALIDITY
If any provision of the Contract is found to be invalid under any legal or statutory rule, it shall be deemed unwritten without affecting the validity of the rest of the Contract.
ARTICLE 19 – HEADINGS
In case of difficulty interpreting the headings of clauses and the clauses themselves, the headings shall be deemed nonexistent.
ARTICLE 20 – ENTIRETY
These general terms and conditions represent the entirety of the Parties’ obligations.
No indication or document shall create obligations under these terms unless it is the subject of an amendment signed by both Parties.
No correspondence prior to the signing of this Contract shall create obligations under the Contract.
ARTICLE 21 – APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed by French law.
The language of these general terms and conditions is French. Therefore, in the event they are translated into other languages, only the French version shall prevail.
If a dispute arises between the Parties regarding the performance or interpretation of these terms, the Parties agree that, prior to any legal action, any claim will first be subject to formal notice sent by registered letter with acknowledgment of receipt, including any supporting documents.
If, after thirty (30) days from the date of this notice, the Parties cannot agree on a compromise or solution, the dispute will be submitted to the competent courts.
Additionally, under Articles L612-1 and following of the French Consumer Code, a Client who qualifies as a “Consumer” may seek free recourse (excluding potential lawyer or expert fees) to a consumer mediator to amicably resolve a dispute with the Company.
Furthermore, the Client who qualifies as a Consumer has the option to use the European Online Dispute Resolution (ODR) platform, accessible at the following address: http://ec.europa.eu/consumers/odr/.
The Client’s request for mediation will only be admissible if:
- The Client first attempted to resolve the dispute directly with the Company through a written claim, as described above;
- The Client’s request is not manifestly unfounded or abusive;
- The Client’s request is submitted within one year of their written claim to the Company;
- The dispute has not already been reviewed by another mediator or court.