The AUSHA platform, accessible via the website https://app.ausha.co (hereinafter referred to as “the Platform”), is provided by:
AUSHA, a simplified joint-stock company with a share capital of €1,224,720,
Headquartered at 679 Avenue de la République, 59800 Lille, FRANCE,
Registered with the Lille Métropole Trade and Companies Register under number 879 276 723,
Represented by its legal representative,
Hereinafter referred to as “AUSHA.”
Any use of the Platform implies full and complete acceptance of these Terms of Use (ToU).
The applicable Terms of Use are those in effect on the date of the Platform’s use.
AUSHA reserves the right to modify these Terms of Use at any time.
These Terms of Use are the property of AUSHA. Any reproduction, even partial, is strictly prohibited.
This Contract is entered into between AUSHA and any person wishing to use the Platform (hereinafter referred to as “the User”).
The Contract is valid for the entire duration of the User’s use of the Platform and, where applicable, for the entire duration of their registration.
PREAMBLE
AUSHA is a podcast marketing, hosting, and distribution platform that allows Users to publish and manage their podcasts.
ARTICLE 1 – PURPOSE
The purpose of these Terms of Use is to specify the terms and conditions under which Users may use the Platform.
ARTICLE 2 – DEFINITIONS
“Platform”: Refers to the interactive tool offered by AUSHA, accessible via the website https://app.ausha.co.
“User”: Refers to an adult individual registered on the Platform who publishes one or more podcasts.
“Podcast” or “Show”: Refers to a series of multiple audio files (Episodes) grouped together and available on the internet.
“Episode”: Refers to an audio sequence belonging to the Show, defined by an audio file, title, description, and image.
“RSS Feed”: Refers to a file containing textual information about the Show and Episodes, automatically updated with any changes.
“Cover”: Refers to the image or cover illustrating the Podcast published by the User.
“Account”: Refers to the User’s personal management space.
“Access Code”: Refers to the login credentials (username and password) that allow the User to access their Account.
“Content”: Refers to all audiovisual, textual, audio, graphic, photographic elements, and hyperlinks sent, transmitted, published, or distributed by a User via the Platform, excluding AUSHA’s database elements.
“Audio File”: Refers to the audio file protected by intellectual property rights and made available to the User from the Platform’s music library to be integrated into a Podcast.
ARTICLE 3 – FREE ACCOUNT
AUSHA offers the possibility of creating a free trial Account for Users to evaluate the Platform.
This trial Account is available for life under the following conditions:
- Only one trial Account can be created, and this offer is non-renewable unless explicitly agreed by AUSHA.
- It allows free hosting of the User’s first episode (or free lifetime hosting of existing episodes if an existing show is imported from another host).
- The User acknowledges that access to the Platform via a trial Account is solely for testing the Platform’s features prior to subscribing to a paid plan. The User is prohibited from performing any processing or providing services to third parties using their trial Account.
- AUSHA’s liability cannot be engaged for any reason due to the use of the Platform during the trial period. No indemnity will be due in the event of inadequacy, unavailability, or data loss during the trial.
AUSHA reserves the right to delete, without notice, any trial Account that does not comply with these Terms of Use.
ARTICLE 4 – REGISTRATION PROCEDURES
Access to the Platform requires prior registration.
Registration on the Platform is free and reserved for capable adults. Users are prohibited from using the Platform for commercial purposes without AUSHA’s prior express authorization.
To register, the User must:
- Create an Account by clicking on the “Create an account” button.
- Formally accept these Terms of Use.
- Provide mandatory information:
- First name,
- Last name,
- Email address,
- Password.
Users may also register using their Facebook or Google accounts, authorizing AUSHA to receive public profile information (ID, name, first name, email address, country, and profile picture).
The User accesses their Account by entering their email address and password on the “Log into your account” tab and clicking “Log in.”
It is reminded that registration is strictly personal, and the User may only have one Account.
While access and registration to the Platform are free, some Platform features may be subject to fees.
ARTICLE 5 – PERSONAL DATA
AUSHA informs the User that their data is recorded and processed to enable AUSHA to provide the various functionalities offered by the Platform, in compliance with the provisions of the amended French Data Protection Act of January 6, 1978, and Regulation (EU) 2016/679 of April 27, 2016 (GDPR).
AUSHA takes all appropriate measures to ensure the security and confidentiality of the personal data processed.
For more information, the User is invited to consult AUSHA’s Privacy Policy: https://www.ausha.co/fr/politique-de-confidentialite/.
ARTICLE 6 – INTELLECTUAL PROPERTY
6.1 – THE PLATFORM
All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all software applications, including the underlying technology, that may be used to operate the Platform, and more generally all elements reproduced or used on the Platform, are protected under applicable intellectual property laws and are the exclusive property of AUSHA or licensed to AUSHA (hereinafter referred to as “AUSHA’s Intellectual Property Rights”).
For the purposes of using the Platform’s services, AUSHA grants the User a personal, non-exclusive, non-transferable, non-sublicensable, and non-assignable right to use AUSHA’s Intellectual Property Rights worldwide for the duration of their registration, subject to the conditions and limits set forth in these Terms of Use (ToU).
The ToU do not grant the User any rights, particularly commercial exploitation rights, over AUSHA’s Intellectual Property Rights or over content published by third parties on the Platform. The User agrees not to infringe on AUSHA’s Intellectual Property Rights and is prohibited from reproducing, representing, translating, modifying, or distributing, even partially, any element protected by intellectual property rights without prior express authorization from AUSHA.
Any reproduction or representation of an element of the Platform by the User without AUSHA’s authorization constitutes an act of infringement that may lead to civil and criminal proceedings. AUSHA’s failure to take legal action upon becoming aware of unauthorized use does not imply acceptance of such use or waiver of the right to prosecute.
6.2 – USER-CREATED CONTENT
Unless explicitly agreed otherwise by the User, AUSHA does not claim ownership of the Content, which remains the sole property of the User, subject to the limited rights granted under the license defined below.
The User is free to publish or not publish such Content on the Platform and acknowledges that such Content will become public and freely accessible, notably on the Internet.
The User acknowledges being solely responsible for the Content and guarantees that they hold all necessary rights and authorizations regarding the Content, particularly under applicable laws and regulations, as well as rights related to privacy, property, intellectual property, image rights, contracts, or any other relevant legislation.
It is expressly agreed that each User will personally handle any claims and/or legal proceedings against AUSHA concerning the unlawful use of intellectual property rights or any other elements belonging to a third party. To this end, each User irrevocably commits to voluntarily intervene, if AUSHA deems it necessary, in any proceedings initiated against AUSHA and to indemnify AUSHA for all judgments rendered against it, as well as to cover all costs incurred for its defense, including attorney fees.
The User is required to include mandatory copyright/credit notices in the appropriate location according to the use and ensure that such information is not erroneous or misleading.
By accepting the ToU, the User grants AUSHA a free, non-exclusive, global license for the entire duration of their registration to reproduce, represent, archive, load, execute, transmit, store, and, if necessary, modify the technical file of the Content without altering its integrity to ensure its online availability, accessibility, and readability under optimal conditions.
The User acknowledges that the aforementioned license extends to any third-party operators of websites, applications, and/or platforms on which they choose to share, distribute, or embed their Content.
6.3 – AUDIO FILES
AUSHA grants the User a global, non-exclusive, free, non-transferable, and non-assignable license to integrate, reproduce, and represent, in whole or in part, the Audio Files in their Podcasts for the duration of their registration, excluding any use for commercial or advertising purposes or on the third-party platform YouTube. The User is prohibited from modifying the Audio Files except for minor technical adjustments to quality or trimming excerpts.
The User is further prohibited from using an Audio File in a way that allows a third party to use, download, or access the musical work as a standalone file or in a manner that exceeds the scope of this license.
AUSHA reserves the right to terminate the license for any Audio File at any time. After being informed by AUSHA, the User must immediately remove the Audio File from their Podcasts.
AUSHA guarantees that it holds the necessary rights for the Audio Files and undertakes to defend the User against any claims, lawsuits, or actions for copyright infringement brought by a third party during the application of these Terms of Use concerning the use of the Audio Files under the conditions outlined above.
AUSHA agrees to indemnify the User for any damages and compensation directly resulting from a claim, lawsuit, or copyright infringement action regarding the Audio Files, as definitively ruled by a competent court or agreed upon in a written agreement signed by AUSHA.
AUSHA disclaims any liability if the User fails to notify AUSHA in writing of the infringement claim as soon as they become aware of it or upon receipt of notification, to the extent that this omission prejudices AUSHA. Similarly, AUSHA is not liable if the User does not provide reasonable assistance requested during the defense or settlement of the claim.
ARTICLE 7 – IMAGE RIGHTS
In the event that the User provides photographs, videos, or more generally any images during their registration or use of the Platform, they agree to:
- Hold the copyright protecting the photograph, video, or image in question;
- Authorize AUSHA to distribute the photograph, video, or image on the Platform worldwide for the duration of their registration;
- Refrain from distributing any photograph, video, or image in which third parties are identifiable, unless they have obtained the explicit consent of said third parties to distribute the photograph, video, or image.
ARTICLE 8 – USE OF THE PLATFORM
The User agrees to use the Platform only for purposes authorized by AUSHA and in strict compliance with technical and security standards.
The User understands and accepts the functionalities of the Platform.
Use of the Platform is under the exclusive responsibility of the User. Consequently, any processing, transmission, dissemination, or representation of information or data via the Platform by the User is carried out under their sole and entire responsibility and in strict compliance with legal and regulatory provisions relating to the use of online services.
The User is solely responsible for the Content they publish and/or interact with. The User is prohibited from disseminating Content that:
- Contravenes applicable laws, regulations, customs, public order, or morality;
- Is offensive, threatening, provocative, insulting, incomprehensible, obscene, indecent, pornographic, or violates the rights of third parties;
- Harms free and fair competition;
- Could be interpreted as an attack on direct or indirect competitors or any other legal entity;
- Constitutes defamation, parasitism, or unfair competition;
- Is racist or discriminatory, particularly concerning race, ethnicity, nationality, gender, physical characteristics, political opinions, religious or philosophical beliefs, union membership, health, or sexual orientation.
Similarly, the User agrees not to transmit any Content via the Platform that contains computer viruses or any other code, file, or program designed to interrupt, destroy, or limit the functionality of any software, computer, or telecommunication device, without limitation.
The User is responsible for any Content that violates these provisions.
The User acknowledges that AUSHA may remove at any time any Content that does not comply with these rules.
Any breach of these Terms of Use by the User may result in the suspension or, where applicable, the termination of their registration on the Platform, without prior notice and without any form of compensation.
The User also agrees to report to AUSHA, without delay, any anomalies related to the use of the Platform at the following address: [email protected].
Finally, the User agrees to respect AUSHA’s image and reputation, as well as that of other Users. They agree not to make any statements and/or take any actions that could harm AUSHA or other Users.
ARTICLE 9 – LIABILITY
AUSHA’s role is limited to that of a hosting provider as defined in Article 6 of the French Law on Confidence in the Digital Economy (LCEN) of June 21, 2004. Consequently, AUSHA is not obligated to monitor the quality, accuracy, safety, or legality of Content in advance.
However, if AUSHA deems it necessary or is notified of manifestly illegal Content, it reserves the right to remove such Content from the Platform.
To facilitate the reporting of Content that may violate these Terms of Use, AUSHA provides Users and visitors with a procedure to report illegal Content. Users and visitors can report such Content by contacting AUSHA at the following email address: [email protected].
A notification must comply with the following formal requirements:
- The date of the notification;
- For individuals: name, first name, profession, address, nationality, date, and place of birth;
- For legal entities: the legal form, company name, registered office, and the representative’s authority;
- A description of the disputed facts and their precise location;
- The reasons why the Content should be removed, including references to legal provisions and factual justifications;
- A copy of correspondence sent to the author or publisher of the disputed information or activity, requesting its interruption, removal, or modification, or proof that the author or publisher could not be contacted.
AUSHA cannot be held liable for any damages, whether direct or indirect, resulting from Content published by the User (including Podcasts) or the User’s use of the Platform.
The User is solely responsible for any damages, whether material or immaterial, direct or indirect, caused to any third party, including AUSHA, as a result of Content published on the Platform or the unlawful use or exploitation of the Platform, regardless of the cause or location of such damages.
The User indemnifies AUSHA against any consequences, claims, or actions that AUSHA may face as a result of the aforementioned issues.
ARTICLE 10 – DATA DELETION
The User may delete their data from the Platform by deleting their Account.
To do so, the User must log in to their Account and follow the unsubscription procedure outlined in the “Delete Account” section.
The User is informed that deleting their Account will result in the deletion of all their Shows and Episodes. This action is immediate and irreversible.
ARTICLE 11 – GOVERNING LAW
These Terms of Use are governed by French law.
Furthermore, the language of these Terms of Use is French. In the event that the Terms of Use are translated into other foreign languages, only the French version shall prevail.