This translation is provided for informational purposes only. In case of discrepancy between the French text and this translation, the French version will prevail.Publication date: June 2, 2020
Thank you for using Fidbak. Our application (Web and PWA) optimize remote relationships between all actors of the music business by providing them secure cloud storage and dedicated collaboration tools. These terms of services (hereinafter the "Terms") govern your use and your access to our application (hereinafter "The App").
By using The App, you agree to be bound by these Terms.
By using The App, you store your files, messages, comments, contacts and other types of data on our servers (hereinafter "Your Data"). Your Data belongs to you. With the exception of limited rights allowing us to provide you access to The App, these Terms do not grant us any rights on Your Data.
The App also gives you access to features, such as conversations, comments, sharing and search functions. To provide these features, Fidbak accesses, stores and analyzes Your Data. By using the app, you grant us permission to carry out these operations.
The content in The App can be protected by intellectual property rights. Please don't to copy or download content for which you do not hold the rights or for which you have not received the necessary permissions.
Fidbak may need to verify the compliance of your content and actions with these Terms.
We are not responsible for content transferred and shared via The App.
To ensure good protection of Your Data, protect your app password and keep your account information up to date. Never share your credentials with other people.
To use The App, you must be at least 13 years old.
The App is protected by copyright, trademark law and other French and foreign laws. These Terms don't grant you any right or interest in The App, content belonging to other users on The App, brands, logos and other characteristics of the Fidbak brand.
We respond to notifications of suspected copyright infringement if they comply with the law. We reserve the right to remove content that constitutes proven copyright infringement and to terminate accounts of repeat infringers.Subscription
You can increase your storage and add new functionalities to your account by subscribing to our UP - Standard and UP - Premium plans (hereinafter “Subscription”). You are automatically billed from the date of subscription and at each periodic renewal until cancellation. You are responsible for all applicable taxes, which we will charge you if required.
You can cancel your Subscription at any time. Refunds are only given when required by law.
Your Subscription remains in effect until canceled or terminated in accordance with these Terms. If you do not pay the costs related to your Subscription in time, we reserve the right to suspend it first and then to terminate it if you do not follow up on our reminders.
We may change our current rates, but we will notify you in advance by sending a message to the email address associated with your account.
You are free to stop using The App when you want.
We reserve the right to suspend or terminate your access to The App with notice if:
1- You do not respect these Terms
2- Your use of The App could cause a real risk of damage or loss for us or for other users
We will notify you in advance at the email address associated with your account to allow you to correct the situation that led us to contact you. If, after receipt of this notification, you do not take the requested measures, we will suspend or terminate your access to The App.
You will not receive notification before termination if:
1- You commit a substantial violation of these Terms
2- This substantial violation would risk engaging our responsibility or compromising our ability to provide The App to our other users
3- The law forbids us
Interruption of Access to The App
We may decide to interrupt access to The App in case of events beyond our control or to comply with the law. In this case, we will notify you in advance, by e-mail, to allow you to recover Your Data. If we interrupt access to the app under these conditions before the end of a subscription period that you have already paid us, we will refund the prepaid amount corresponding to the period during which you do've been unable to access The App.The App - AS IS -
We make every effort every day to guarantee stable and efficient access to The App. However, we cannot offer certain guarantees.
TO THE EXTENT PERMITTED BY LAW, FIDBAK AND ITS AFFILIATED COMPANIES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING ACCESS TO THE APP. THE APP IS PROVIDED "AS IS". WE ALSO DISCLAIM ALL RESPONSIBILITY FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU IN CASES PROHIBITED BY LAW, THIS INCLUDES ALL LIABILITY FOR A FRAUDULENT ACT OR A FALSE STATEMENT MADE BY FIDBAK OR ITS AFFILIATES IN PROVIDING THE APP. IN COUNTRIES IN WHICH THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT PERMITTED, WE ARE RESPONSIBLE FOR YOU ONLY FOR LOSSES AND DAMAGES WHICH ARE A REASONABLY PREDICTABLE CONSEQUENCE OF OUR FAILURE TO SHOW REASONABLE ATTENTION AND COMPETENCE, OR OF A NON-PERFORMANCE OF OUR CONTRACT CONCLUDED WITH YOU. THIS PARAGRAPH HAS NO IMPACT ON THE RIGHTS OF CONSUMERS WHO MAY NOT BE ABANDONED OR LIMITED BY CONTRACT OR AGREEMENT.
IN THE COUNTRIES IN WHICH EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE AUTHORIZED, FIDBAK AND ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS DISCLAIM ALL RESPONSIBILITY RELATING TO:
I. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGE; OR
II. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, WHATEVER THE LEGAL BASIS.
THESE EXCLUSIONS OR RESTRICTIONS APPLY THAT FIDBAK OR ITS AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE APP FOR PROFESSIONAL, COMMERCIAL OR RESALE PURPOSES, FIDBAK AND ITS AFFILIATED COMPANIES, SUPPLIERS OR DISTRIBUTORS CANNOT BE HELD RESPONSIBLE TO YOU FOR ANY FAILURE, LOSS OF PROFIT OR LOSS OF BUSINESS OPPORTUNITIES. FIDBAK AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE BEHAVIOR OF USERS OF THE APP, WHETHER ONLINE OR OFFLINE. IN ADDITION TO THE TYPES OF LIABILITY THAT WE CANNOT LEGALLY LIMIT (SUCH AS THOSE DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE AMOUNT OF YOUR CURRENT FIDBAK SUBSCRIPTION.
Before filing a claim against Fidbak, you agree to try to amicably resolve the dispute by contacting firstname.lastname@example.org. We will attempt to resolve it informally by contacting you by email. In the case that the dispute is not resolved within 15 days, you or Fidbak may launch a formal procedure. You and Fidbak agree that all legal proceedings concerning a claim in connection with these Terms or The App will be brought in the French courts, subject to the binding provisions relating to arbitration set out below. Both you and Fidbak consent to venue and personal jurisdiction in such courts.Applicable Law
These Terms are governed by French law. However, in some countries (including member countries of the European Union), legislation requires that contracts be governed by the national laws of the consumer country. This paragraph will not take precedence over those laws.Entire Agreement
These Terms constitute the entire agreement between you and Fidbak regarding the subject of the Terms, and cancel and replace any other previous or current agreement or condition applicable to the object of these Terms. These Terms don't create any beneficial rights for third parties.Waiver, Severability and Assignment
If Fidbak does not enforce a provision, this does not constitute a waiver of its right to enforce it subsequently. If a provision proves to be inapplicable, the remaining provisions of the Terms will remain in force, and an applicable provision reflecting the best our intention will be substituted for it. You may not assign any of the rights granted to you by these Terms, and such an attempt will be considered null and void. Fidbak may assign its rights to any of its affiliates or subsidiaries, or to any other successor, in the interest of any activity associated with The App.Updates
We may have to modify these Terms. If an update affects your use of The App or your rights as a user of The App, we will notify you before its effective date by sending you an email to the email address associated with your account. If you refuse our update, please close your account before its effective date. If applicable, we will offer you a refund of your prorated Subscription, depending on the amounts you have prepaid and the date of closure of your account. By continuing to access or use The App after the changes take effect, you agree to be bound by the updated Terms.Contact Us
7 rue de la fée Viviane
Master Plus Sàrl registered at RCS Rennes under N° 503 320 897
VAT identification number: FR78503320897
SIRET: 50332089700047 - APE: 5920Z
CNIL identification number: 1332190
Servers provider: OVH