Legal information

GENERAL TERMS AND CONDITIONS OF HEAVYM SOFTWARE USE

1. PURPOSE

Digital Essence publishes an intuitive projection mapping software application called HeavyM (hereinafter referred to as the "Solution"), which can be accessed from the website www.heavym.net (hereinafter referred to as the "Website"), enabling anyone who has downloaded the Solution (hereinafter referred to as the "User") to create visual animations and project them onto different objects with one or more projectors, using a hardware and software configuration of their choice (hereinafter referred to as "Projects").
In addition, any User may also access a forum enabling them to avail of various discussion threads, to share their Projects and provide help to other Users in the production of their Projects, which can be accessed through the Website (hereinafter referred to as the "Forum").
The purpose of these General Terms and Conditions (hereinafter referred to as the "General Conditions") is to define the terms and conditions for the provision of the services described above (hereinafter referred to as the "Services") as well as to define the rights and obligations of the various parties within this framework. Digital Essence and Users are hereinafter collectively or individually referred to as the "Party" or "Parties".
The version of these General Conditions in force is the version that can be consulted online on the Website through a direct link on the Website's home page. While using the Services, Users may be subject to certain conditions of use, specific to certain Services. These conditions are hereby incorporated into these General Conditions and, in the case of any inconsistency between the General Conditions and these specific conditions, the latter shall prevail.

2. ACCEPTANCE OF THE GENERAL CONDITIONS

Users declare that by registering for the Services, under the conditions provided for in the article hereunder "Registration Process", they are aware of and expressly accept the contents of these General Conditions. This acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any qualified acceptance shall be considered null and void. Users who do not accept to be bound by these General Conditions must not use the Services.

3. ACCESS TO SERVICES

The Services can be accessed by:

     -    Any individual having the full legal capacity to be bound by these General Conditions in their own name and on their own account. Any User who does not have this full legal capacity can only access the Services with the agreement of their legal representative.




     -    Any legal entity acting through an individual having the authorisation to contract for and on behalf of the entity.

The Website can be accessed by either private individuals or professionals within the framework of their business activity.
Access to the Services implies downloading the Solution. Digital Essence makes available to Users (i) a simplified version of the Solution, which Users can download free of charge (hereinafter referred to as the "Trial Version of the Solution"), or (ii) a more advanced version of the Solution, which Users may download after paying a subscription, under the conditions provided for hereunder in the article "Financial Conditions" (hereinafter referred to as the "Complete Version of the Solution").

Users hereby acknowledge and accept that the choice of one or other of the versions gives them access to certain features of the Solution, as described hereunder.

4. REGISTRATION PROCESS

In order to access the Services, Users must create an account with Digital Essence on the Website (hereinafter referred to as the "User Account") following the process described hereunder. Users are required to:

     -    Fill in a registration form, providing all required information. Users agree to inform Digital Essence without delay of any changes in the said information at the contact address indicated in the article "Identification" of these General Conditions. Users ensure Digital Essence that the information they provide in the registration form when creating their User Account is exact.




     -    Choose a login ID and a password. Users may change their password at any time in the "Settings" tab of their User Account. It is advised to change the password regularly.




     -    Choose the version of the Solution that they wish to download and, in the case where a User wishes to download the Complete Version of the Solution, choose the relevant subscription package.

Registering for the Services automatically allocates a personal space on the Website (hereinafter referred to as the "Personal Space") enabling Users to manage their use of the Services, in a format and according to the technical means that Digital Essence deems the most appropriate.

Users hereby acknowledge and accept that they can access the Services by logging in to their User Account using their login ID and password, chosen at the time of registering.

Users download the Solution from their User Account and install it directly on their computer. Users access the features of the Solution from their computer through the Solution's interface (hereinafter referred to as the "Interface") by entering their login ID and password each time they log in.

Users who download the Trial Version of the Solution may, at any time, take out a subscription for the Complete Version of the Solution using the "upgrade" function which can be accessed in their Personal Space on the Website.

5. STRICTLY PERSONAL USE

A single User Account may be created per User. The person whose personal information was provided on the registration form, as is required before use of the Services, is considered to be the User of the Services, and this excludes any other third party. Consequently, Users agree to use the Services themselves personally and agree not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.

Users expressly acknowledge and accept that when an Account is opened on behalf of a legal entity, it may be operated by an authorized person whose personal information corresponds to those provided at the moment of registration for Services, as well as by the members of its staff. Each User is solely responsible for the proper use of the Services and the Account by the members of their staff, and this in compliance with these General Conditions.

Each User is also responsible for keeping their login ID and password confidential and expressly acknowledges that any use of the Services from their User Account shall be deemed to have been carried out by the User in question. In the event that a User discovers that their User Account was used without their prior knowledge, this User undertakes to inform Digital Essence as quickly as possible, at the address indicated in the Article "Identification" of these General Conditions.

6. DESCRIPTION OF SERVICES

Digital Essence provides Users with the Services described below under the following conditions:

6.1 Provision of the Solution's features

Digital Essence provides Users with the following features, through the Interface:

Connection to Projector

Digital Essence provides Users with a connection to a projector enabling them to project the visual animations they have created onto real objects and/or any surface.

Users who use the Trial Version of the Solution may only use a single projector connected to the Solution for the projection of the visual animations. Users who use the Complete Version of the Solution may use several projectors simultaneously, acknowledging that this is only limited to the technical capacity of the equipment used by the Users in question, to project the visual animations.

Digital Essence provides Users, through the Interface, (i) with a black projection screen enabling them to project the created animations onto objects and/or surfaces using one or more projectors, and (ii) with a window enabling them to view the visual animation on their computer screen as it is created.




Creation of Faces

Digital Essence provides Users with a design tool enabling them to draw geometric shapes that mark off a space in which Users may insert a visual animation (hereinafter referred to as "Faces").

A Face is drawn with the mouse, based on the shape of a real object, such as an item of decoration, the façade of a building, or a piece of furniture, in order to match the structure of the object with the shape that is automatically adapted to it using the black projection screen.

Users may design one or several Faces enabling them to split an object into several distinct sections.




Creation of Animations

Digital Essence provides Users with a module on the Interface, that enables them to access the library of their computer and to import video files and/or images from their computer to the Interface and to drag and drop them into the Faces to fill them. Digital Essence also provides Users with a library of ready-to-use lighting visual effects that can be accessed on the Interface (hereinafter referred to as "Effects").

Users may apply one or more Effects to the Faces and the videos and/or images they have imported. Each Effect can be adjusted in accordance with the different characteristics of each Effect enabling Users to vary the final result obtained once each Effect is applied on one or more Faces.

Digital Essence also provides Users with a "Sequencer" feature on the Interface, enabling Users to save of different Effects compositions and to apply them successively on one or more Faces, following a set order decided by Users or randomly, at the Users' discretion (hereinafter referred to as the "Sequence").

By applying Effects and/or Sequences to the Faces enables Users to create a projected visual animation using one or more projectors onto an object and/or a surface (hereinafter referred to as the "Visual Animation").




Audio Synchronisation

Users have the option to import sound files from their computer to the Interface using media import tools provided by Digital Essence.

Digital Essence provides Users with a "Synchronisation" feature in the Interface, enabling them to synchronise the various Effects and/or Sequences applied to the Faces with sound.

The sound analysis feature enables Users to have Effects and/or Sequences triggered depending on the volume of the sounds picked up by the Solution, determined by the Users, and/or to synchronise the triggering of Effects and/or Sequences by low or high frequencies.




Saving

Users have the option to save the Visual Animations to the library on their computer. Sequences may also be saved directly to the computer's hard drive.

6.2 Provision of an Effects develepment tool

Digital Essence provides Users who have subscribed to the Complete Version of the Solution with an image processing API that enables them to develop new Effects.

Effects that are created by Users are saved in the Effects library of the version of the Solution downloaded to their computer. Effects created by Users are not made available to the community of Users of the Solution.

Digital Essence provides Users with a "Share" feature enabling them to transfer the created Effects to any other application and/or image processing or video mapping solution.

6.3 Access to the Forum

Digital Essence provides Users with the following features:

Access to a discussion thread

Digital Essence provides Users with a Forum that can be accessed from the Website by clicking on the "Forum" button. The Forum can be accessed by all Users of the Solution whether they use the Trial Version of the Solution or the Complete Version of the Solution.

Any User can access the various discussion threads that are published on the Forum, organised by theme.

Users who wish to participate in the discussion threads on the Forum must create a specific account directly on the Forum through the Website (hereinafter referred to as the "Forum Account") in accordance with the procedure described hereunder. Users hereby acknowledge that they have been informed that the Forum Account is a separate account from the User Account. Users are required to:

     -    Fill in a registration form, providing all required information. Users agree to inform Digital Essence without delay of any changes in the said information at the contact address indicated in the article "Identification" of these General Conditions. Users ensure Digital Essence that the information they provide in the registration form at the moment they open their Forum Account is exact.

     -    Choose a login ID and a password. Users may change their password at any time in the "Settings" tab of their Forum Account. It is advised to change the password regularly.

Users may share in a discussion thread in the Forum any photographs, images, videos and/or textual descriptions of Projects that they have created using the Solution.

Digital Essence offers Users the option to make personal comments reacting to Projects shared with the community of Forum Users, using the "Comments" feature available under each message posted in the discussion thread. Digital Essence shall solely decide on the most appropriate design and technical means for the provision of this Service.



Sharing Visual Animations

Digital Essence may provide Users of the Complete Version of the Solution, exclusively initially, with Visual Animations created by Digital Essence, which may be downloaded in the Solution for reuse.

The said Visual Animations shall only be provided for Users of the Trial Version of the Solution (i) after a certain period following the provision of the said Visual Animations to Users of the Complete Version of the Solution, and this at Digital Essence's sole discretion and (ii) in return for payment of an amount that shall be indicated on the Website.

Users are hereby expressly informed that they are authorised to combine the Visual Animations provided by Digital Essence with any other Visual Animations created by them or with videos, and may use said Visual Animations as part of a public event. Users expressly agree not to make money from, sell, lease or exchange, or more generally, trade the use of said Visual Animations.

Any User who wishes to share Visual Animations created with the Solution on the Website must fill in the submission form that is provided for Users on the Website, in the "Contact" tab. Users undertake to fill in all required information on the said submission form and to attach a file containing the Visual Animation(s) that they wish to share with the community of Users of the la Solution when submitting the form.

Users hereby acknowledge and accept that the Visual Animations that are attached to the submission form shall be subject to validation by Digital Essence who shall solely decide which Visual Animations shall be published on the Website.




Messaging Service

Digital Essence provides all Users with access to a private messaging service on the Forum, enabling them to communicate in private with the other Forum Users. This messaging service operates in a format, and according to the technical means, that Digital Essence deems the most appropriate for providing this Service.
The messaging service can be accessed through the "Messaging" tab in the Forum once a User has registered.

6.4 Support and Training

Digital Essence may provide Users with a specific support and/or training service for using the Solution, in order to enable them to design Visual Animations.

These Services shall be provided through any means deemed useful by Digital Essence. The conditions of these Services shall be defined specifically between the Parties by mutual agreement. Users who wish to subscribe to these Services must fill in the relevant online form, available on the Website through the "HeavyM Education" tab.

6.5 Creating Visual Animations

Digital Essence offers Users services for the design and creation of made-to-measure turnkey Visual Animations for any type of event, such as fairs, conferences, exhibitions and/or marketing or cultural operations.

- These Services shall be provided through any means deemed useful by Digital Essence. The conditions of these Services shall be defined specifically between the Parties by mutual agreement. Users who wish to subscribe to these Services must fill in the relevant online form, available on the Website through the "HeavyM Experience" tab.

6.6 Other services

Digital Essence reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service, whether free of charge or for payment.

7. TERM

If a User has downloaded the Trial Version of the Solution, the Parties agree that these General Conditions are valid for the entire term of the User Account, until said account is closed by either Party, for whatever reason, under the conditions provided for in the Article "Closing a User Account" hereunder.

If a User has taken out a Subscription to the Complete Version of the Solution under the conditions set out hereunder in the Article "Financial Conditions", the Parties hereby agree that these General Conditions are valid for the entire term of the Subscription.

8. FINANCIAL CONDITIONS

8.1 Prices

Use of the Trial Version of the Solution is free of charge.

Use of the Complete Version of the Solution requires payment. Digital Essence offers different subscription packages depending on the duration of the subscription described on the Website (hereinafter referred to as the "Subscription"). The applicable pricing scheme shall be the pricing scheme in force at the date of registration, as indicated on the Website. Prices are expressed in Euro and are inclusive of French taxes.

Digital Essence reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.

Access to the other Services shall be subject to specific negotiation between the Parties, by mutual agreement and shall give rise to the signing of a specific Sales Order.

8.2 Terms of payment

Users agree to pay the Subscription fees on their due date as specified in the chosen Subscription package and as indicated on the Website at the due dates also indicated.

Payment of the Subscription fee is made online, by banking card, using Stripe's secure online payment service or by any other means that may be proposed on the Website at the time of ordering.

To process an order, the User shall register its banking details which matches with the bank account on which the amounts due shall be paid. Those banking details shall be raised and stored by Stripe and shall be stored in a secured way for the duration of the Subscription.

Users ensure Digital Essence that they dispose of the required authorisation to use the chosen means of payment.

Digital Essence shall send Users an invoice, through any pertinent channels and at its own convenience, within seven (7) days of the payment date.

8.3 Non-payment

Users are hereby informed and expressly agree that any lateness of payment of all or part of an amount at its due term, will automatically entail, without prejudice to the provisions set out in the Articles "Sanctions for Breaches" and "Termination", and this without prior formal notice:

1. Forfeiture of the term of all amounts due by the User in question and the requirement of their immediate payment
2. Immediate suspension of current Services until complete payment is made by the User in question of all amounts due
3. Digital Essence’s invoicing of interest on late payments will be at the rate of five (5) times the legal interest rate, in addition to the total of all amounts due by the Customer and of a lump sum indemnity of forty (40) Euro in respect of recovery costs.

9. EXPRESS WAIVER OF RIGHT OF WITHDRAWAL

This article shall apply only to the Users who access to the Services for their personal needs under a subscription, to the exclusion of any professional use.

Users are hereby informed that a right of withdrawal usually applies to service provision contracts concluded online between a professional and a consumer, and this right must be exercised within fourteen (14) days of the conclusion of the contract.

The User may exercise this right by contacting Digital Essence at the email address indicated in the article "Identification" before the expiry of the aforementioned period by completing the withdrawal form provided on the Website, or by sending Digital Essence any other unambiguous statement expressing the desire of the former to withdraw from the sale.

The exercising of the right of withdrawal does not require explanation or justification. The User will not be liable for any penalties with respect to the exercising of their right of withdrawal, the only exception being the return costs which remain at their expense.

The User acknowledges that the Services shall only be provided at the end of the duration of the withdrawal period. Nevertheless, the User is informed he may ask for immediate provision of the Services by checking the appropriate box at the date of the order.

In this case, the User agrees that if he exercises his right of withdrawal, he shall reimburse to Digital Essence the sums that are due for the provision of the services until the date of the exercise of the withdrawal.

10. NON-COMMERCIAL USE

Users agree not to make money from, sell, lease or exchange, or more generally, trade all or part of their access to the Services, to the Website servers and/or the Forum, or to the Solution, or to the information and/or texts, images, or other content used by the Company and/or any other User on the Website and/or the Forum, directly or indirectly, within the framework of their use of the Services. Users agree not to include the Solution and / or the Services and / or the information, texts, images and other content used by the Company in any other product for the purpose of marketing said product including one or the other of these elements, without the prior and express agreement of the Company.

11. USERS' OBLIGATIONS

Without prejudice to other obligations provided for in these General Conditions, Users undertake to respect the following obligations.


Users agree, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
Users acknowledge having read and understood the specifications and constraints, particularly of a technical nature, of the entire range of Services, as indicated on the Website.
Users agree that the Services are for strictly personal use only. They therefore undertake not to transfer, assign or lease in any way all or part of their rights or obligations herein to any third party.
Users agree to provide Digital Essence with all documents, elements, data and information necessary for the proper execution of the Services. More generally, Users agree to actively cooperate with Digital Essence for the proper execution of these General Conditions and to inform the latter of any difficulties in such execution.
Each User is solely responsible for the Visual Animations and/or comments that they post, within the framework of the Services, to the Forum, after validation by Digital Essence.

Each User guarantees Digital Essence that the former has all the necessary rights and authorisations for the publication of these Visual Animations and/or comments. Users agree that the said Visual Animations and/or comments are legal, do not disrupt public order, are not contrary to accepted standards of public decency, do not infringe any third party rights or legal provision and/or regulation, and, more generally, are in no way likely to bring the civil or criminal liability of Digital Essence into play.

Users therefore undertake to refrain from publishing, in particular, but not limited to:
• Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature
• Counterfeit content
• Content that is detrimental to the image of any third party
• Content that is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities
• Content that could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.)
• And more generally any content that is likely to infringe on the rights of others or cause harm to others in any manner or form.

12. INTELLECTUAL PROPERTY

12.1 Intellectual Property of Digital Essence

These General Conditions do not grant Users any intellectual property rights on the Solution or the Website, or the logos or trademarks used by Digital Essence within the Solution, the Website or the Forum within the framework of the provision of the Services, which all remain the exclusive, full and unequivocal property of Digital Essence.

Digital Essence grants Users of the Trial Version of the Solution, for the term of these General Conditions and worldwide, the non-exclusive, personal and non-transferable right to use the Solution, in the version existing on the day of signing these General Conditions, as well as to use the relating technical documentation, for the sole purposes of creating Visual Animations.

If a User takes out a Subscription for the Complete Version of the Solution, Digital Essence grants this User, for the Subscription Term, and this worldwide, the nonexclusive and non-transferable right, to use the Solution, in the version existing on the day of signing these General Conditions, as well as any future versions made available to them on the Website, as well as to use the relating technical documentation, for the sole purposes of creating Visual Animations, for a limited number of workstations as stipulated in the chosen Subscription package, chosen at the time of taking out said Subscription. Users acknowledge that in order to install the Complete Version of the Solution on any additional workstations, they must take out a Subscription for an additional licence for the number of desired workstations.

The current licence to use the Solution is granted to Users subject to full payment of the Subscription fee, under the conditions provided for in the Article "Financial Conditions" above.

In any case, Users expressly agree not to use the Solution for any other purpose than that for which it was intended, and agree not to attempt to reproduce, adjust or adapt the Solution, make it available to any third parties, create any product derived from all or part of the Solution, sell or lease the Solution.

Any reproduction, representation, distribution, adaptation or sale of any of the elements referred to in this Article by any User, not in compliance with the aforementioned provisions, would constitute the offence of counterfeiting, in accordance with the provisions of Article L.335-3 of the French Intellectual Property Code.

Notwithstanding the foregoing, the copying and private representation of said elements are authorised, provided that they are strictly reserved for the Users' private use and not intended for collective use, and not for commercial purposes.



12.2 Intellectual Property of Users

Users authorise Digital Essence, non-exclusively and free of charge, worldwide and for the full legal term of copyright, to exercise the intellectual property rights that they hold on the Visual Animations, for the sole purposes of:

1. Publishing the Visual Animations on the Forum
2. Publishing the Visual Animations on any French or foreign Internet website, published by Digital Essence or by any other third party, and/or on any media, for the purposes of promoting the Solution and/or the Services.
For these purposes, the authorisation granted to Digital Essence under the terms of these General Conditions shall cover:
• The right to reproduce all or part of the Visual Animations, in their original format or copies thereof, in any format and on any media, known or unknown, such as printed, electronic, digital or computer media, through any existing or future, foreseen or unforeseen, material or virtual means or process.
• The right to publicly represent or to publish, all or part of the Visual Animations, on any media and through any current or future, known or unknown channels of publication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters, aimed at any audience.
• The right to associate the Visual Animations with any visual, audio and/or textual elements.
• The right to use all or part of the Visual Animations to incorporate them in or exploit them through, without this list being exhaustive, any products, multimedia, audio-visual media, websites, games or applications.
• The right to use the Visual Animations for promotional or advertising purposes. All or part of the rights described above may be exercised directly and/or indirectly by Digital Essence or transferred by Digital Essence to a third party, according to terms and conditions that Digital Essence would deem the most appropriate.
Moreover, Users having created Visual Animations authorise the other Users, nonexclusively and free of charge, worldwide and for the full legal term of copyright, to use the Visual Animations posted to the Forum for the sole purposes of creating new Visual Animations for non-commercial use.
For this sole purpose, the authorisation granted to Users under the terms of these General Conditions shall cover:
• The right to reproduce all or part of the Visual Animations, in their original format or copies thereof, in any format and on any media, known or unknown, such as printed, electronic, digital or computer media, through any existing or future, foreseen or unforeseen, material or virtual means or process.
• The right to publicly represent or to publish, all or part of the Visual Animations, on any media and through any current or future, known or unknown channels of publication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters, aimed at any audience.
• The right to associate the Visual Animations with any visual, audio and/or textual elements.
Each User guarantees Digital Essence and the other Users that the Visual Animations do not constitute an infringement on any other element belonging to a third party, and especially any other User.

Each User guarantees Digital Essence against any complaint, claim, grievance and/or action from any other User(s) and/or third parties claiming that the Visual Animations constitute an infringement on their rights, of any nature whatsoever and in particular their intellectual property rights, or their rights of publicity or privacy. Consequently, each User agrees to compensate Digital Essence and/or the other User(s) for any prejudice that Digital Essence or the other User(s) would be subject to and agrees to pay any damages, as well as any fees, charges or expenses that Digital Essence or the other User(s) could be ordered to pay, or which would be provided for in a settlement agreement signed by Digital Essence and/or the other User(s) after having obtained the prior agreement of the User in question.

13. TECHNICAL SUPPORT

Digital Essence offers Users support that is free of charge and that can be accessed through the "Contact" tab on the Website or by email at the following address: [email protected] enabling Users to obtain any information necessary relating to use of the Solution.

Digital Essence undertakes to reply to any support request within a maximum of fortyeight (48) hours from receipt of said request, calculated based on an intervention window that runs from Monday to Friday, excluding public holidays, from 9 am to 6 pm (hereinafter referred to as the "Support Window").

14. MAINTENANCE

14.1 Corrective Maintenance of the Solution

Digital Essence ensures, free of charge, the corrective maintenance of the Solution, this being understood as diagnostics and correction of any anomaly affecting its operation.

Users undertake to report to Digital Essence any anomaly, this being understood as any incident of a reproducible malfunction that reduces or prevents use of the Solution as described in its technical documentation, and that cannot be attributed to misuse of the Solution, and this notification shall be sent as quickly as possible to the email address indicated in the Article "Technical Support". Users undertake to describe the difficulties encountered and the circumstances under which they occurred as precisely as possible.

Digital Essence undertakes to carry out remote diagnostics of the anomaly, based solely on the information provided by Users in the incident report.

Digital Essence undertakes to provide Users with any updates of the Solution monthly, these updates being understood as a compilation of corrections of anomalies and improvements brought to the Solution in relation to ergonomics, developed following receipt of any declaration of anomaly during the previous month.

Digital Essence shall inform Users of the Solution, on the Website, when there is any new version of the Solution, which can be downloaded from their User Account.

Digital Essence may also send Users a link where they may download the Solution again. In this regard, Digital Essence shall not be held liable for any loss, destruction or alteration of any Visual Animations.

It is hereby expressly agreed between the Parties that any failure to respect any agreement in this Article shall not be considered as a breach of these General Conditions and liability shall be limited under the conditions provided for in the Article "Limitation of Liability and Guarantees" below.

Users shall install updates themselves, strictly following the instructions given by Digital Essence and attached to the patch.

14.2 Evolutive Maintenance of the Solution

Digital Essence provides Users with evolutive maintenance services for the Solution, free of charge, being understood as the provision of any new versions, which would include the addition of new features to the Solution, enabling the improvement of the Solution's existing features, as well as the development of new features.

These new versions shall be provided to and installed automatically for Users of the Complete Version of the Solution and shall be made available on the Website for Users of the Trial Version of the Solution. Digital Essence shall inform Users of the Trial Version of the Solution, on the Website, when there is any new version of the Solution, which can be downloaded from their User Account.

Digital Essence shall solely decide on the number of new versions that it shall provide throughout the term of these General Conditions. Digital Essence may decide not to provide any new version during the Subscription Term.

15. PERSONAL DATA

Digital Essence declares that it collects and processes data relating to Users and hosts this data on the Website for the purposes of operating the Services. This data constitutes personal data as understood in the French Law N° 78-17 of 6th January 1978 and the General data protection regulation.

Digital Essence hereby declares that it complies with all obligations and regulations it is subject to with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the collected and processed data. Digital Essence undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).

Data thus collected and processed shall be used for the purposes of, and under the conditions stipulated in, the Charter concerning the Protection of Personal Data, that can be accessed from the home page of the Website and which the Customer is expressly invited to read.

16. CUSTOMER REFERENCES

Users, when they use the Services as a professional within the framework of their business activity, expressly authorise Digital Essence to cite and reproduce the former's trade name and/or trade mark and/or logo as customer references, especially at trade fairs or promotional events, in its business documents and on its Internet website, in any form, for a period of five (5) years from the date of signing these General Conditions.

17. PROHIBITED BEHAVIOUR

It is strictly prohibited for Users to use the Services to the following ends:

• Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others
• Violating public order or any local policies or laws
• Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security
• Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above
• And more generally, any action that uses the Services for any other purpose than that for which they were intended.
The following is also strictly prohibited: (i) any behaviour that would interrupt, suspend, slow down or prevent continuity of the Services, (ii) any hacking or attempts to hack into Digital Essence's IT systems, (iii) any hijacking of the Website's system resources, (iv) any acts that would place a disproportionate load on the Website's infrastructure, (v) any attempts to breach the Website's security and authentication structures, (vi) any acts that could infringe on the rights and financial, commercial and moral interests of Digital Essence or of the Users of its Website and finally, more generally, (vii) any breach of these General Conditions.

18. THIRD PARTY WEBSITES

Users hereby acknowledge and accept that Digital Essence shall in no way be held responsible for the technical availability or unavailability of Internet websites and/or mobile applications operated by third parties that Users may access through links on the Website and/or the Forum and/or the Solution. Digital Essence shall not assume any liability for content, advertising, products and/or services that are available on such third party software, websites or mobile devices.

Digital Essence shall not be liable either for any potential transactions conducted between Users and any advertisers, professionals or salespersons to which Users may be oriented through the Website and/or the Forum and/or the Solution and shall not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or other obligations whatsoever provided by these third parties.

19. LIMITATION OF LIABILITY AND GUARANTEES

Digital Essence agrees to provide the Services with diligence and in compliance with trade practice, bearing in mind that it has an obligation to provide means, but this without any obligation of result, and this is hereby expressly acknowledged and agreed by Users.

Users declare to have been informed that Digital Essence's role in these General Conditions is limited to the provision of the Services described in the Article "Description of Services". Users are hereby expressly informed and accept that the Solution is a simple tool for the creation of Visual Animations.

Users hereby acknowledge that Digital Essence has no knowledge of the images and/or videos that are used by Users for the creation of Visual Animations within the context of the Services and posted to the Forum, and shall not moderate, select, check or monitor in any way this content, and with regard to which, Digital Essence only intervenes within its role of hosting provider.

Consequently, Digital Essence cannot be held liable for the Visual Animations, whose authors are third parties, and any potential claims should be made firstly to the author of the Visual Animations in question.

Digital Essence declines all responsibility in the event of potential loss or deterioration of the Visual Animations stored by Users on their computers. Digital Essence also declines all responsibility in the event of loss or deterioration of said Visual Animations during maintenance operations on the Website and/or the Solution.

Digital Essence does not guarantee Users that the Services, which are subject to constant research to improve their performance and their development in particular, shall be totally free of errors, faults or defects.

In any event, any liability that could be incurred by Digital Essence from the use of the Complete Version of the Solution is expressly and solely limited to direct actual damages suffered by Users. Digital Essence shall not be held liable to Users for the payment of direct, material, commercial, financial or moral damages, of any nature whatsoever, caused during the Users' use of the Services, for an amount exceeding the amounts invoiced by Digital Essence by way of compensation for the Services that gave rise to its liability, at the time the alleged damages occurred. Moreover, Digital Essence's responsibility can only be assumed if a User sends the former a claim, by registered letter with acknowledgement of receipt, within a period of one (1) month following the said occurrence.

In the case of use of the Trial Version of the Solution, Digital Essence shall not be held liable to Users of this version for the payment of any damages of any nature, be they direct or indirect, material, financial or moral, resulting from the Users' use of the Services or of the Solution.

20. CLOSING A USER ACCOUNT

Users using the Trial Version of the Solution may end their subscription at any time using the function "Deactivate your account", that can be accessed in the "Settings" tab of their User Account on the Website. Deactivation of the User Account is immediate and causes the immediate locking of the Solution.

In the case where a User has taken out a Subscription for the Complete Version of the Solution, the User Account shall be automatically deactivated at the term of the Subscription, which causes the immediate locking of the Solution. Users may no longer use the Visual Animations saved on their computers.

In any case, any User may reactivate their User Account by logging in to the Website using their login ID and password at any time for three (3) years from the date they deactivated their User Account.

In order to continue to use the Solution and the Services, Users must (i) take out a new Subscription, under the conditions detailed above to continue to use the Complete Version of the Solution or (ii) download the Trial Version of the Solution from the Website.

After this period of three (3) years, the User Account shall be definitively closed and the data collected by Digital Essence at the moment of registering shall be destroyed by Digital Essence, in accordance with the provisions set out in the French Law N° 78-17 of 6th January 1978 on Computer Processing, Filing Systems and Liberties. Users who wish to use the Services after this period of three (3) years must register once again, under the conditions set out above in the Article "Registration Process".

21. NON-COMPETITION

The User undertakes not to develop or have developed or to participate in the development, nor to market or have marketed any software being identical and/or similar to the Solution, for its own account and/or on behalf of a third party, on all territories, for the whole term of this Agreement and a period of three (3) years following the termination of this Agreement, for any reason whatsoever.

22. WAIVER

If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.

23. FORCE MAJEURE

Digital Essence shall not be held liable to Users in the event that the former's performance of their obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure are those generally recognised as such by jurisprudence and the French courts.

An event of force majeure shall initially suspend operation of the Services for a period that shall not exceed two (2) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.

24. MODIFICATION

Digital Essence reserves the right to amend these General Conditions at any time. Digital Essence also reserves the right to amend and/or cease to provide all or part of the Website’s services, at its sole discretion.

Users shall be informed of any amendments through all pertinent channels, at least fifteen (15) days before their entry into force. The amended General Conditions shall be immediately applicable for all Users once they are published on the Website.

If any User does not accept the amended General Conditions, this User must close their User Account under the conditions stipulated in the Article "Closing a User Account" above. Failing this, Users shall be deemed to have accepted the amended General Conditions, and to which they shall be fully bound.

25. LANGUAGE

In the event that these General Conditions are translated into one or more languages, the language of interpretation shall be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

26. INVALIDITY

Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question shall be deemed invalid or inapplicable, and the other provisions shall remain in full force and retain their full scope.

27. IDENTIFICATION

Digital Essence is a simplified joint stock company, registered under number 800 709 180 with the Registry of Trade and Companies of Bobigny, and whose head office is located at 104 avenue de la Résistance – 93 100 Montreuil.

Digital Essence may be contacted through any of the following channels:

Telephone: +33 (0)1 4465 1752
Email Address: [email protected]

28. MEDIATION

The stipulations of this article are only applicable to the non-professional User who uses the Website for their private needs, excluding those using it in relation with their professional business activity.

In the event of a dispute relating to these General Conditions, the non-professional User has the option to contact a consumer ombudsman, free of charge, in accordance with the provisions set out in Articles L612-1 of the French Consumer Code, and this prior to undertaking any legal proceedings

In this respect, the non-professional User is informed that Digital Essence uses the mediation services of FEVAD. The non-professional User also has the option to file a complaint via the platform for Online Dispute Resolution, which can be accessed at the following address: webgate.ec.europa.eu

In the event of failure to appoint a mediator or in the mediation itself, the most diligent party may refer the matter to a court of competent jurisdiction in accordance with the terms of the article below.

29. LAW AND JURISDICTION

These General Conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or application of these General Conditions, the Parties hereby agree that the courts of Paris will be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

When the Customer is a consumer within the meaning of the introductory article of the French Consumer Code, they may seize one of the territorially-competent courts in accordance with the French Code of Civil Procedure or the local court of the location where the Customer resided at the time the contract was concluded or at the time of the occurrence of the damage-causing event, in accordance with the provisions of Article R.631-3 of the same Code.

30. ENTRY INTO FORCE

These General Conditions become effective on 2nd May 2018

Legal Notice

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

GENERAL CONDITIONS OF SALE (OLGA KIT)

1. PURPOSE

Digital Essence sells on its website www.heavym.net (hereinafter referred to as the "Website"), to professional or private customers (hereinafter referred to as the "Customers"), a kit consisting of modules that can be assembled and disassembled that allow video-mapping surfaces to be created, on which Customers can project visual animations (hereinafter referred to as the "Olga Kit").

The purpose of these General Conditions of Sale (hereinafter referred to as the "General Conditions") is to define the terms and conditions for the sale of the Olga Kit (hereinafter referred to as the "Sale") as well as to define the rights and obligations of the Parties within this framework.

Digital Essence and the Customer are hereinafter collectively or individually referred to as the "Party" or "Parties".

The version of these General Conditions in effect is the version that can be consulted online on the Website through a direct link on the Website's home page on the date of placing an order. These General Conditions express the entire agreement between the Parties and cancel and replace any other oral or written agreement, letter, proposal, or any other document with the same purpose that preceded these General Conditions.

They may be supplemented by special conditions of use, which may be added to these General Conditions and, in the event of contradiction, will prevail over the latter, subject to the prior agreement of the Customer under the same conditions as those stipulated in the article "Acceptance of the General Conditions” below.

2. ACCEPTANCE OF THE GENERAL CONDITIONS

The Customer declares, prior to ordering under the conditions provided for in the article hereunder "Ordering the Olga Kit", that they are aware of and expressly accept these General Conditions.

These General Conditions can be accepted by checking a checkbox at the time of ordering, and this acceptance can only be full and unequivocal, without modification of any nature whatsoever. Any qualified acceptance will be considered as null and void. Any Customer who does not accept to be bound by these General Conditions must not place an order on the Website.

3. ACCESSING THE WEBSITE

The Website and the Sale can be accessed by:
Any individual having the full legal capacity to be bound by these General Conditions in their own name and on their own account. Any Customer who does not have this full legal capacity can only access the Website and benefit from a Sale with the agreement of their legal representative.
Any legal entity acting through an individual having the authorisation to contract for and on behalf of the entity.
The Website can be accessed by either private individuals or professionals within the framework of their business activity.

4. REGISTRATION PROCESS

In order to place an order for an Olga Kit (hereinafter referred to as the "Order"), the Customer must create an account with Digital Essence on the Website (hereinafter referred to as the "User Account") following the process described hereunder.
The Customer is required to:
Fill in a registration form, providing all required information. The Customer agrees to inform Digital Essence without delay of any changes in such information at the contact address indicated in the article "Identification" of these General Conditions. The Customer ensures Digital Essence that the information they provide in the registration form when creating their User Account is exact.
Choose a login ID and a password. The Customer may change their password at any time in the "Settings" tab of their User Account. They are advised to change their password regularly.
Check, on the registration form, the box "I have read and I accept the General Conditions".
Registering automatically allocates a personal space on the Website (hereinafter referred to as the "Personal Space") enabling the Customer to finalise their Order and manage their Order history, in a format and according to the technical means that Digital Essence deems the most appropriate.

5. STRICTLY PERSONAL USE

Only one User Account may be created per Customer. The person whose personal information was provided on the registration form is considered to be the user of the Account, to the exclusion of any other third party. Consequently, the Customer agrees to use the User Account themselves personally and agrees not to allow any third party to use it in their stead or on their behalf, unless accepting full responsibility for the consequences.

The Customer expressly acknowledges and accepts that when a User Account is opened on behalf of a legal entity, it may be operated by an authorized person whose personal information corresponds to those provided on the registration form, as well as by the members of its staff. Each Customer is solely responsible for the proper use of the Account by the members of their staff, and this in compliance with these General Conditions.

Each Customer is also responsible for keeping their login ID and password confidential and expressly acknowledges that any use of their User Account will be deemed to have been carried out by the Customer in question. In the event that the Customer discovers that their User Account was used without their prior knowledge, the former undertakes to inform Digital Essence as quickly as possible, at the address indicated in the Article "Identification" of these General Conditions.

6. TERM

The Parties agree that these General Conditions are valid for the entire term of the User Account, until said User Account is closed by either Party, for whatever reason, under the conditions provided for in the article "Closing an Account" below.

7. ORDERING THE OLGA KIT

The Olga Kit can be ordered online on the Website, by clicking on the corresponding tab. The Customer must fill out the order form by completing all the required information including their mailing address and telephone number, and by specifying the number of Olga Kits they wish to purchase.

Upon receipt of the Order, Digital Essence undertakes to send the Customer an email confirming the Order within three (3) business days, to the address specified on the Order, and including a summary of the products making up the Order. If no email is sent to the Customer within this period, the Order will be deemed not to have been accepted, and this without Digital Essence having to justify itself or incur any liability as a result.

In particular, the Customer acknowledges and accepts that Olga Kits are offered within the limit of available stocks. In the event that the number of Olga Kits ordered is not available after the Order is validated, for any reason whatsoever, the Order will be automatically cancelled and the amount of the Order will not be debited from the Customer's banking card.

Any request for modification of the Order sent to Digital Essence after the validation of the Order will be considered by Digital Essence at its sole discretion. If Digital Essence rejects the request to modify the Order, only the Initial Order will be processed.

The transaction is considered as concluded when the confirmation email is received by the Customer. The Customer can no longer modify or cancel their Order, unless they wish to exercise their right of withdrawal, as described below.

8. ORDER DELIVERY

Olga Kits will be delivered to the delivery address indicated by the Customer at the time of ordering, within a period of fifteen (15) days from the date the Order was confirmed.

The Customer acknowledges and agrees that delivery is made by the postal service and not directly by Digital Essence, the latter cannot therefore be held liable for any failings in the delivery process, including any lateness in delivery.

The Customer acknowledges and accepts that delivery times are given for information purposes only. In this respect, the Customer cannot claim damages and/or cancel the Order for any lateness in delivery. In the event the delivery is late, Digital Essence will send the Customer an email to inform them of the new estimated delivery date of the Olga Kit(s).

Notwithstanding this, when the Customer is a consumer within the meaning of the 1st Article of the French Consumer Code and within this meaning only, they are informed that the Olga Kit(s) must be delivered no later than thirty (30) days following registration of the Order and its full payment. Otherwise, the Customer may request the cancellation of the Order by registered mail with acknowledgement of receipt, if, after having unsuccessfully urged Digital Essence, under the same conditions, to deliver the product or products within a reasonable additional time.

If necessary, the Customer may obtain full and quick refund of the sums paid, at the latest within thirty (30) days of the request for cancellation of the Order. In the event that the Customer receives the product(s) after their request for cancellation, Digital Essence undertakes to refund the product(s) and refund the return costs.

In the event that Digital Essence is unable to deliver the Olga Kit(s) due to their unavailability, it must inform the Customer as quickly as possible and refund the Customer the sums paid no later than thirty (30) days after full payment of the Order.

Nevertheless, Digital Essence will in no case be held liable in the event that the delay is the consequence of force majeure and/or caused by the Customer, especially if the latter is not present on the dates and at the times agreed with the carrier for the delivery of the product(s) contained in the Order.

9. FINANCIAL CONDITIONS

9.1 Pricing

The price of an Olga Kit is indicated on the Website at the time the Order is being placed. It is indicated in Euro, all French taxes included, but excluding shipping costs which remain at the Customer’s expense.

Shipping costs are indicated before the validation stage of the Order. In the case of delivery of Olga Kits outside the territory of Metropolitan France, the Customer is solely liable for all customs duties and/or other applicable local taxes, which the latter acknowledges and accepts.

Digital Essence reserves the right, in its sole discretion and according to conditions that it deems appropriate, to propose promotional offers or price reductions.

Digital Essence reserves the right to modify, at its own discretion, the prices of Olga Kits at any time. The Customer will be informed of such price changes by Digital Essence by way of notification on the Website, at least fifteen (15) days before the new rates apply.

If the Customer’s Account is not closed under the conditions set out below in the article "Closing an Account", the modified rates will apply immediately to any new Order as soon as they come into effect.

9.2 Terms of payment

The payment of the price of the Olga Kits is due at the validation of the Order.

Payment of the price of the Olga Kits is made online, by banking card, using Stripe's secure online payment service or by any other means that may be proposed on the Website at the time of ordering.

For the purposes of placing the Order, the Customer must register their bank details corresponding to the bank account from which the sums due in connection with the Sale will be debited. This banking data will be collected by the payment service provider and will be stored by the latter securely for the duration of the transaction.

Digital Essence will send the Customer an invoice, through any pertinent channels and at its own convenience, within seven (7) days of the payment date.

10. RIGHT OF WITHDRAWAL

This article applies only to Customers who are physical persons requesting a Sale via the Website for their private needs, to the exclusion of any professional business activity.
The Customer is hereby informed that a right of withdrawal essentially applies to contracts relating to the sale of goods concluded online between a professional and a consumer, and this right must be exercised within fourteen (14) days of receipt of their Order.

The Customer may exercise this right by contacting Digital Essence at the email address indicated in the article "Identification" before the expiry of the aforementioned period by completing the withdrawal form provided on the Website, or by sending Digital Essence any other unambiguous statement expressing the desire of the former to withdraw from the sale.

The exercising of the right of withdrawal does not require explanation or justification. The Customer will not be liable for any penalties with respect to the exercising of their right of withdrawal, the only exception being the return costs which remain at their expense.
The Olga Kit(s) must be returned to Digital Essence in their original packaging, with all of their accessories where appropriate, free of any signs of use. A copy of the corresponding purchase invoice must be sent back with the Products. The Customer is deemed responsible in the event the Olga Kits are damaged during their return to Digital Essence.

When the right of withdrawal is exercised in accordance with the terms above, the sums potentially received from the Customer as a result of the preceding Sale will be refunded directly to the bank account whose details were provided at the time of the Order, no later than fourteen (14) days after Digital Essence receives the withdrawal request.

11. NON-COMMERCIAL USE

The Customer agrees not to make money from, sell, lease, exchange or more generally, trade all or part of their access to their Account on the Website, or to the information and/or texts, images, or other content used by Digital Essence and/or any other customer on the Website, without prior express agreement. The Customer also agrees not to make money from, sell, lease, exchange or more generally, trade their use of the Olga Kit for any purpose whatsoever with a third party.

12. GUARANTEES OF NON-PROFESSIONAL CUSTOMERS

Non-professional Customers are informed that they benefit from the legal guarantees relating to non-conformity, as well those concerning hidden defects of sold goods in accordance with the legal provisions mentioned below.
It is recalled that, when availing of the legal guarantee of conformity, all consumers:
• Have a period of two (2) years from the delivery of the goods to avail of this guarantee
• May choose either the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-4 of the French Consumer Code
• Are not required to provide proof of the lack of conformity of the goods during the twenty-four (24) months following their delivery, in accordance with the provisions of Article L217-7 of the French Consumer Code.
It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be provided.

Any consumer may also decide to avail of the guarantee concerning hidden defects of sold goods as defined in Article 1641 of the French Civil Code. In this case, the Customer may choose either the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the French Civil Code.

12.1 Product Conformity Guarantee

Digital Essence will be held liable for any lack of conformity of the Olga Kits under the conditions set out in Article L.217-4 et seq. of the French Consumer Code, according to which (English translations for informational purposes only) "The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. They are also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if they assumed responsibility therefor or had it carried out under their responsibility".

The Customer is further informed that in accordance with Article L.217-5 of the French Consumer Code, "To conform to the contract, the product must:
1 ° Be suitable for the purpose usually associated with such a product and, if applicable:
• correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model
• have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling
2 ° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to".

Finally, in accordance with the terms of Article L.217-12 of the French Consumer Code, the Customer is informed that "Action resulting from lack of conformity lapses two years after delivery of the product".

Thus, if the Customer finds that the Olga Kit that was delivered to them has a defect, is non-compliant or is damaged, they may return it to Digital Essence in accordance with the terms described below.

They must contact Digital Essence by email at the address mentioned in the article "Identification", within seven (7) full days following receipt of the Olga Kit in question, specifying the nature of the defect, the non-conformity or the damage found. Digital Essence will then indicate whether or not it is necessary to return the Olga Kit. Should return be required, the Customer will send the product back and will be able to obtain a refund for the costs of returning the product on presentation of a receipt for same.

Products must be returned to Digital Essence in their original packaging, accompanied by the corresponding invoice and the return number provided by Digital Essence.

Digital Essence will perform the necessary checks.

In the event that Digital Essence finds any damage or actual defects with the Olga Kit, Digital Essence will refund the Customer or replace the product, within fourteen (14) days from the date of receipt of the returned product.

The Customer acknowledges and accepts that they will not be entitled to claim any refund for a product that they reject for any reason other than for its non-conformity due to the presence of a visible defect, visible damage or if the product does not correspond to the description presented on the Website, and this without prejudice to the exercise of their right of withdrawal.

12.2 Guarantee against hidden defects

Digital Essence is also bound to guarantee against hidden defects of the product sold, in accordance with the conditions provided for in Article 1641 of the French Civil Code "The seller is bound to guarantee against hidden defects in the product sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects".

The Customer is informed that according to Article 1648 paragraph 1 of the French Civil Code, "An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice".

If the Customer decides to call into effect the guarantee against hidden defects of the product sold, they can choose between the cancellation of the sale or a reduction of the selling price in accordance with Article 1644 of the French Civil Code.

13. INTELLECTUAL PROPERTY

These General Conditions do not confer on the Customer any intellectual property rights of any kind on the Olga Kit or any of its constituent elements, on the Website, or on any of the texts, images, audio-visual content or other content, that is used by Digital Essence on the Website, including these General Conditions, the trademarks, trade names and logos, software, structures, infrastructures and databases used by Digital Essence within the Website, all of which remain the exclusive, full and unequivocal property of Digital Essence.

Any act of disassembly, decompiling, decrypting, extracting, reusing, and more generally any reproduction, representation, distribution, adaptation or marketing of the Olga Kit and/or the Website and/or the texts, images, or audio-visual content or other content used by Digital Essence on the Website by the Customer, that is not in accordance with the provisions of these General Conditions, is prohibited and could give rise to legal proceedings.

14. PERSONAL DATA

Digital Essence declares that it collects and processes data relating to the Customer and hosts this data on the Website for the purposes of conducting the Sale. This data constitutes personal data as understood in the French Law N° 78-17 of 6 January 1978 and in the General Data Protection Regulation.

Digital Essence hereby declares that it complies with all obligations and regulations it is subject to with regard to the protection of personal data, aimed at ensuring the security and the confidentiality of the collected and processed data. Digital Essence undertakes to make all obligatory declarations to the French National Commission for Data Protection and Liberties (CNIL).

Data collected and processed in this way will be used for the purposes and according to the conditions detailed in the document Charter concerning the Protection of Personal Data, that can be accessed from the home page of the Website and which the Customer is expressly invited to read.

15. CUSTOMER REFERENCES

The Customer, when they conclude a Sale on the Website as a professional within the framework of their business activity, expressly authorise Digital Essence to cite and reproduce their trade name and/or trade mark and/or logo as customer references, especially at trade fairs or promotional events, in its business documents and on its Internet website, in any form, for a period of five (5) years from the date of accepting these General Conditions.

16. THIRD-PARTY WEBSITES

The Customer hereby acknowledges and accepts that Digital Essence can in no way be held responsible for the technical availability or unavailability of Internet websites and/or mobile applications operated by third parties that the Customer may access through links on the Website. Digital Essence will not assume any liability for content, advertising, products and/or services that are available on such third-party websites or mobile applications.

Digital Essence cannot be held liable for any potential transactions conducted between the Customer and any advertisers, professionals or salespersons to which they may be oriented through the Website and will not take part in any disputes whatsoever with these third parties, particularly concerning the delivery of products and/or services, guarantees, declarations or other obligations whatsoever provided by these third parties.

17. LIMITATION OF LIABILITY AND GUARANTEES

Digital Essence's liability may only be incurred, under the conditions of common law, for direct damages incurred by the Customer, resulting from a failure of the former to honour its contractual obligations as set out in these General Conditions.

Therefore, the Customer waives their right to claim compensation from Digital Essence, for any reason whatsoever, for indirect damages, and in particular, for any loss of profits, loss of opportunities, any commercial or financial prejudice, any increase in overhead costs or losses whose origin can be linked to the execution of, or that can be considered a consequence of, these General Conditions.

In addition, the Customer acknowledges and agrees that Digital Essence does not guarantee the Customer that Olga Kits, being standard and not offered specifically to any one given Customer according to that Customer’s own personal constraints, will specifically meet the Customer’s needs or expectations.

Digital Essence strives to publish photographic representations of the Olga Kit on its Website that are as faithful as possible to the actual kit. The Customer acknowledges and accepts that despite this, and in view of the digital presentation of the product on the Website, it remains possible that the Customer's perception of the photographic representation of the product may not correspond exactly to the Olga Kit itself. Consequently, the photographs illustrating the product are not contractually binding, only serve informative and indicative purposes and cannot incur the liability of Digital Essence.

The products offered for Sale are available for as long as they are advertised on the Website and within the limit of available stocks. In the event that one or more products is no longer available after placing the Order, the Customer will be notified by e-mail. The amount of the Customer's Order will be recalculated and the latter will be charged the new amount, after subtraction of the unavailable product(s). If none of the Order is available, the Customer will be notified by e-mail and will not be charged the price of the Order. In any case, Digital Essence cannot be held responsible for any prejudice suffered by the Customer as a consequence and will not be liable for any damages.

Digital Essence is not responsible for any use of the Olga Kits made by Customers that does not comply with these General Conditions or with the documentation provided for the use of such Olga Kits.

18. CLOSING AN ACCOUNT

The Customer may close their Account at any time using the function "Deactivate your account", that can be accessed in the "Settings" tab of their Account on the Website. This will cause the Account to be immediately deactivated.

The Customer may reactivate their Account by logging in to the Website using their login ID and password at any time for three (3) years from the date they deactivated their Account.

After this period of three (3) years, the Account will be permanently closed and any data collected by Digital Essence during the registration process will be destroyed by the latter.

Any Customer who wishes to conclude a Sale after this period of three (3) years must register once again, under the conditions set out above in the article "Registration Process".

Digital Essence also reserves the right to close the Customer's Account in the event of a breach by the Customer of any of their obligations hereunder, ipso jure and without any judicial formalities, immediately, without prior notice and without prejudice to any damages which Digital Essence could potentially be entitled to as a result of such a breach.

19. WAIVER

If either of the Parties fails to exercise any of their rights or powers pursuant to the provisions of these General Conditions, or exercises such rights or powers late, this will not be interpreted as a waiver of all or part of these rights or powers, and any unique or partial exercising of any right or power will not prevent subsequent implementation of such right or power.

20. FORCE MAJEURE

Digital Essence will not be held liable to the Customer in the event that the former's performance of their obligations is delayed, curtailed or prevented due to any circumstances of force majeure. Cases of force majeure, are those generally recognised as such by jurisprudence and the French courts.

An event of force majeure will initially suspend the services of the Website for a period that will not exceed two (2) months. In the event that the case of force majeure should continue for a period longer than the aforementioned period, the Parties may terminate these General Conditions ipso jure, without any judicial formality being required, without notice and without any claim to compensation of any type whatsoever, by sending a registered letter with acknowledgement of receipt having immediate effect.

21. MODIFICATION

Digital Essence reserves the right to amend these General Conditions at any time. Digital Essence also reserves the right to amend and/or cease to provide all or part of the Website’s services, at its sole discretion.

The Customer will be informed of any amendments through all pertinent channels, at least fifteen (15) days before their entry into force. The amended General Conditions will be immediately applicable for all Customers once they are published on the Website.

If any Customer does not accept the amended General Conditions, this Customer must close their User Account under the conditions stipulated in the Article "Closing an Account" above. Failing this, the Customer will be deemed to have accepted the amended General Conditions, and to which they will be fully bound.

22. LANGUAGE

In the event that these General Conditions are translated into one or more languages, the language of interpretation will be French in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.

23. INVALIDITY

Should any provision of these General Conditions be deemed invalid or inapplicable due to a law or a regulation, or following a final judgement delivered by a competent jurisdiction, solely the provision in question will be deemed invalid or inapplicable, and the other provisions will remain in full effect and retain their full scope.

24. IDENTIFICATION

Digital Essence is a simplified joint stock company, registered under number 800 709 180 with the Registry of Trade and Companies of Bobigny, and whose head office is located at 104 avenue de la Résistance, 93 100 Montreuil. Digital Essence may be contacted through any of the following channels:
• Telephone: 01 44 65 17 52
• E-mail address: [email protected]

24. MEDIATION

The stipulations of this article are only applicable to the non-professional Customer who uses the Website for their private needs, excluding those using it in relation with their professional business activity.

In the event of a dispute relating to these General Conditions, the non-professional Customer has the option to contact a consumer ombudsman, free of charge, in accordance with the provisions set out in Articles L612-1 of the French Consumer Code, and this prior to undertaking any legal proceedings

In this respect, the non-professional Customer is informed that Digital Essence uses the mediation services of FEVAD.

The non-professional Customer also has the option to file a complaint via the platform for Online Dispute Resolution, which can be accessed at the following address: webgate.ec.europa.eu In the event of failure to appoint a mediator or in the mediation itself, the most diligent party may refer the matter to a court of competent jurisdiction in accordance with the terms of the article below.

25. LAW AND JURISDICTION

These General Conditions are governed by French law.

In the event of any dispute concerning the validity, interpretation and/or application of these General Conditions, the Parties hereby agree that the courts of Paris will be the only competent jurisdiction capable of judging the dispute, save conflicting mandatory rules of practice.

When the Customer is a consumer within the meaning of the introductory article of the French Consumer Code, they may seize one of the territorially-competent courts in accordance with the French Code of Civil Procedure or the local court of the location where the Customer resided at the time the contract was concluded or at the time of the occurrence of the damage-causing event, in accordance with the provisions of Article R.631-3 of the same Code.

26. ENTRY INTO EFFECT

These General Conditions became effect ive on 05/02/2018.

Intellectual property

• This original Web-site was created and is maintained by Digital Essence SAS. Digital Essence SAS is the owner of all rights on the site and its content, including but not limited to the exclusive copyright on the logos, graphics, slogans, name and software, domain name, trade or service mark, design and model, patent, data base, etc., or has obtained permission to use the content on its Internet Web-site from the owner of the intellectual property in such content.
• Digital Essence, the Digital Essence logo, HeavyM and the HeavyM logo are trademarks of Digital Essence SAS. Windows™, the Windows logo and DirectX™ are trademarks and registered trade names of the Microsoft Corporation. Apple, the Apple Logo, Mac and Macintosh are registered trademarks of Apple Computer Inc. All other product names, logos or symbols mentioned on our Internet site pages are the trademarks of their respective owners.

Condition of use

• Digital Essence SAS grants its users a personal, non sub licensable, non exclusive license to download one copy of each content component from our site to a single computer for purposes of viewing and browsing through the content.
• All other use, including but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web-site, mirroring, or in any other way exploiting any of the content, in whole or in part, is prohibited without prejudice of Digital Essence SAS’s prior written consent.
• Digital Essence SAS reserves the right to make changes to the Web-site without notice.
• Digital Essence SAS is managing and maintaining this Web-site in the best way possible. Digital Essence SAS does not guarantee the quality, accuracy or completeness of any information on the Web-site. It shall not be liable to any party for damages or lost profits nor for any use of the Web-site or its content neither for any errors, inaccuracies, typographical errors or omissions that may exist within information’s included in the Web-site.
• In case of bug or any working problem detection, thank you to send an email to [email protected]
• The pages where the links to external Web-site are referring to are completely independent of Digital Essence SAS. Digital Essence SAS makes no representations whatsoever as to the accuracy, content, timeliness or quality of these pages. The link shall not be construed as an endorsement of said external page by Digital Essence SAS or as an acceptance of responsibility for the content, products or services provided by it or the site hosting it.