Terms of Use – Creators

These Terms of Use (hereinafter the "Terms of Use") constitute a legally binding contract between the company VIEWY (hereinafter the "Company") and any user of the VIEWY Platform (hereinafter the "User").
Use of the VIEWY Platform and access to the services it offers are strictly subject to the unreserved acceptance of, and compliance with, these Terms of Use.

The User declares that they have full legal capacity to contract and to use the Platform in accordance with these Terms of Use.

IMPORTANT: Registration on the Platform and its use imply the User's full, complete and unreserved adherence to these Terms of Use. This acceptance is evidenced at the time of account creation by an active validation (checkbox).

In the event of disagreement with all or part of the provisions of these Terms of Use, the User must refrain from using the Platform and from creating an account.

Capitalised terms used in these Terms of Use, whether in the singular or the plural, shall have the following meaning:
"Advertiser": means any natural or legal person acting in a professional capacity who uses the Platform to offer Campaigns and promote its products or services through UGC Content created by Creators.

"Brief": means the specifications drawn up by the Advertiser (including in particular the artistic constraints, the script, the mandatory hashtags, the validation conditions and the budget) which the Creator must strictly comply with in order for their Content to be validated.

"Campaign": means the promotional operation initiated by an Advertiser on the Platform, defining the product/service concerned, the Brief to be complied with and the Remuneration conditions.

"Account": means the personal digital space, accessible on the Platform via the Creator's login credentials, enabling the Creator in particular to access Campaigns, submit their Content and manage their earnings.

"Content": means content (video, image, audio, text) created by a Creator on behalf of an Advertiser, the connection between them being provided by the Platform.

"Creator": means any natural person registered on the Platform, acting in a professional or independent capacity, who produces Content in exchange for financial Remuneration.

"Party": means, individually or collectively, the Company and/or the Creator.

"Platform": means the website accessible at https://viewy.fr (and any associated sub-domain) published by the Company, enabling Advertisers and Creators to be connected.

"Remuneration": means the sum due to the Creator for a piece of Content, according to the rates set by the Campaign, subject to validation of the Content by the Company or the Advertiser.

"Social Networks": means the third-party platforms (such as TikTok, YouTube or Instagram) on which the UGC Content may be published by the Creator.

"Services": means all the features and services provided by the Company via the Platform.

"Company": means the company Viewy, as identified in the Legal Notice.

The purpose of these Terms of Use is to define the conditions and terms under which the Company makes available to Creators its Platform for connecting with Advertisers, as well as the rights and obligations of the Parties in connection with the use of the Services.

The Company's activity is limited to a technical intermediation service through the provision of the Platform. The Company acts as a neutral intermediary enabling the supply of and demand for advertising Content to meet. Consequently, the Company is neither the employer of the Creators nor the agent of the Advertisers beyond the strict requirements of invoicing and payment. The Creator produces their Content in complete independence and autonomy, without any relationship of subordination to the Company.

These Terms of Use constitute the entire agreement between the Parties concerning the use of the Platform. They cancel and replace any prior agreement, communication, declaration or proposal, whether oral or written, relating to the same subject matter. In the event of any contradiction between these Terms of Use and any other document appearing on the Platform (FAQ, guides, etc.), the Terms of Use shall prevail.

Access to the Services is strictly reserved for natural persons of legal age, with legal capacity and acting in a professional capacity or with a view to becoming professionals.
In order to register and create an Account on the Platform, the Creator must complete the registration procedure by providing accurate, honest and up-to-date information. The following elements are required during "onboarding":

• Civil identity: Surname, first name and date of birth (proof of legal age may be required at any time);
• Contact details: A valid electronic address (email) and an active mobile telephone number;
• Social connection: The usernames (handles) of their public accounts on the Social Networks (TikTok, YouTube or Instagram). The Creator certifies on their honour that they are the legitimate and exclusive owner of the accounts provided;
• Password: The setting of a strong and confidential password.

In order to receive their Remuneration (as defined in Article 3.3), the Creator will subsequently need to complete their profile with:

• Their full postal address (invoicing);
• A copy of a valid identity document (KYC);
• Their SIRET number (for registered professionals) or any equivalent tax document required by law.

Each Creator may hold only one single Account on the Platform. The Creator guarantees the accuracy of the information provided. In the event of a change in their situation, they undertake to update their data without delay in their personal space. The Company reserves the right to suspend or delete any Account containing false, incomplete or usurped information.

The Creator freely chooses a Campaign on the Platform. Before participating, they must consult the Brief, which specifies the creative constraints, the type of remuneration, the delivery method and the terms of access to the product. The submission of Content or a product request constitutes express and unreserved acceptance of the specific conditions of the chosen Campaign. Depending on the type of Campaign, a prior selection of the Creator by the Advertiser may be carried out in order to authorise the Creator to produce and send the Content. In this case, the Creator may only produce the Content and, where applicable, obtain the product after authorisation. Otherwise, authorisation to produce the content will not be necessary and the Creator will freely send their Content to the brand at their convenience, and the brand will decide whether or not to select that Content for its Campaign.
With regard to obtaining the product or service, two methods exist depending on the Campaign. Either the Creator must make the purchase themselves (online or in store), in which case the transaction with the retailer is their own personal responsibility. Or the product is sent free of charge by the Advertiser ("Gifting") to the address provided by the Creator. In the context of Gifting, the Creator firmly undertakes to carry out the service and submit their Content within seven (7) days of receipt of the product, unless a different time limit is expressly provided for in the Brief. Keeping a product received free of charge without delivering the required Content within the allotted time constitutes a serious breach of these Terms of Use.

Once the product is in hand, the Creator produces the Content. In accordance with the instructions in the Brief, the Creator must deliver it using one of the following two methods: either publish the video on their social network and submit the link (URL) on the Platform, or upload the video file directly to the Platform interface without publishing it. This action submits the work for validation.

The Advertiser and the Company carry out a compliance check of each piece of Content submitted. They reserve the right to refuse the Content if it does not comply with the technical constraints or the objective guidelines defined in the Brief (in particular script, presence of the product, visual quality). In the event of refusal, the reason will be communicated to the Creator, who will not receive any Remuneration for that submission.

In order to be validated, the Content must comply with all the instructions in the Brief, be of satisfactory technical quality and be positive for the Advertiser's image. In the specific case where the Content is published on the Creator's social networks, the Creator must ensure that the "Paid partnership" label (or the paid partnership tool) is clearly visible. In addition, the Creator must leave the "Like" counters and comment sections enabled and visible to all.

Any Content that does not comply with the above criteria will be declared non-compliant and will not give rise to any Remuneration. Furthermore, the Company applies a zero-tolerance policy towards fraud. Any attempt to manipulate statistics or any failure to respect intellectual property rights will result in the immediate rejection of the Content and the closure of the Account.

The Remuneration for a piece of Content is determined specifically for each Campaign and is specified in the Brief. The Creator acknowledges that the Remuneration is only earned after final validation of the Content by the Company or the Advertiser. In the event of rejection for non-compliance or fraud, no sum will be due. The Remuneration may take the form of fixed remuneration, variable remuneration or a supplement linked to Ad Codes, in accordance with the terms set out below.

Where the Campaign provides for fixed Remuneration, the Creator receives a lump sum determined in the Brief, due in full upon final validation of the Content by the Company or the Advertiser, subject, where applicable, to the additional conditions set out in Article 3.3.3 relating to the transmission of an Ad Code. This amount is not subject to any condition relating to the performance of the Content.

Where the Campaign provides for variable Remuneration, the amount is calculated on the basis of the performance of the Content (such as the number of views, engagement or sales generated) collected by the Platform in accordance with the conditions below.
The Creator expressly accepts that the Advertiser defines, for each Campaign, a maximum budget allocated per calendar month (hereinafter the "Monthly Budget"). The Monthly Budget corresponds to the maximum amount that the Advertiser devotes to the remuneration of all participating Creators for Content validated during the same calendar month. The amount of the Monthly Budget is freely determined by the Advertiser and may vary from one month to the next. Likewise, the maximum Remuneration that may be received by a Creator for a given piece of Content (hereinafter the "Maximum Remuneration per Content") is defined by the Advertiser for each Campaign and may vary from one month to the next. In any event, the variable Remuneration for a piece of Content may not exceed either the applicable Maximum Remuneration per Content or the available balance of the Monthly Budget of its Attachment Month. Where the available balance of the Monthly Budget is less than the Maximum Remuneration per Content, the actual Remuneration for the Content is capped at the amount of the available balance of the Monthly Budget at the time of the statistics update, the Creator expressly waiving any claim relating to the difference between the Maximum Remuneration per Content and the Remuneration actually received.

Each piece of Content is irrevocably attached to the Monthly Budget of the calendar month during which it was validated by the Advertiser or the Company (hereinafter the "Attachment Month"). This attachment is final and cannot be changed, including where the Collection Period extends beyond the last day of the Attachment Month. From the date of validation of the Content by the Advertiser, the performance of the Content (number of views, engagement, sales) is collected by the Platform for a period of seven (7) consecutive days (hereinafter the "Collection Period"). The first statistics update takes place twenty-four (24) hours after validation of the Content. Subsequent updates take place every twenty-four (24) hours until the expiry of the Collection Period. The Creator acknowledges and accepts that if the Monthly Budget of their Attachment Month is fully consumed before the first update of their statistics, the performance of their publications will not be counted and no variable Remuneration will be due for that Content. The Creator also acknowledges that, where Content is validated during the last days of a calendar month, the Collection Period may extend into the following calendar month, up to the eighth (8th) of the following month at midnight (Paris time) at the latest. In this case, the Monthly Budget of the Attachment Month is retained by the Platform in order to allow the performance recorded during the Collection Period to be charged to it, without that performance being charged to the Monthly Budget of the following calendar month.

The Platform displays in real time the consumption rate of the current Monthly Budget via a gauge available on each Campaign (hereinafter the "Gauge"). The Creator is expressly informed that the Gauge reflects exclusively the state of consumption of the Monthly Budget of the current calendar month and not that of the previous month(s). Consequently, during the period between the first (1st) and the eighth (8th) of each month, Content validated during the previous month may still be in its Collection Period; such Content remains charged to the Monthly Budget of its Attachment Month (previous month), regardless of the level of the Gauge for the current month. This circumstance may result in a discrepancy between the apparent budget displayed by the Gauge and the budget actually available for Content attached to the previous month, without such discrepancy being capable of founding any claim by the Creator. Consequently, the variable Remuneration for each piece of Content is conditional upon the availability of the Monthly Budget of its Attachment Month at the time of each daily statistics update. Once the Monthly Budget of the Attachment Month is fully consumed, the counting of earnings ceases immediately for all Content attached to that month, even if said Content continues to generate views, engagement or sales. The Creator may not claim any compensation or additional Remuneration for performance achieved beyond this monthly budget cap.

The Advertiser reserves the right to suspend or modify the Monthly Budget or to terminate a Campaign at any time. In the event of suspension or early closure of a Campaign: (a) Content already validated on the date of suspension or closure retains the benefit of its full seven (7) day Collection Period, subject to the availability of the Monthly Budget of its Attachment Month; (b) Content submitted but awaiting validation on the date of suspension or closure may be either validated or refused by the Advertiser or the Company at their sole discretion; if validated, such Content benefits from its Collection Period under the same conditions as the Content referred to in point (a); if refused, no Remuneration will be due; (c) ongoing collaborations for which the Content has not yet been submitted are automatically cancelled and will not give rise to any Remuneration, the Creator having no vested right in a Campaign prior to the submission and validation of their Content. The Creator expressly waives any claim, compensation or damages on account of the suspension or early closure of a Campaign, subject to payment of the Remuneration earned in accordance with the conditions above. In the event of a technical interruption attributable to the Platform resulting in the absence or manifest error of statistics counting, the Company undertakes to carry out, within a reasonable time, a technical verification and, where appropriate, a correction of the data. However, the Creator acknowledges that the Company is bound only by a best-efforts obligation with regard to the collection of statistics from third-party Social Networks, and that any unavailability or inaccuracy of the APIs of those Social Networks shall not give rise to any liability on the part of the Company.

The Creator will receive additional Remuneration (a "Bonus") where the Advertiser decides to request an extension of the assignment of copyright provided for in Article 9 hereof or to obtain an "Ad Code" enabling it to sponsor the Content directly via the Creator's social profile (schemes such as TikTok Spark Ads or Instagram Partnership Ads). From the time an Ad Code request is made by the Advertiser on the Platform, the Creator has four (4) days to transmit said code via the Platform, failing which the request expires automatically. The Advertiser then has four (4) days from receipt of the Ad Code to contest it if it proves to be non-functional (incorrect code, use of non-royalty-free music, etc.).
Where the Campaign provides for fixed Remuneration within the meaning of Article 3.3.1, the Brief may require the transmission of an Ad Code as a condition of the service. In this case, the consideration for making the Ad Code available is deemed to be included in the lump-sum amount of the fixed Remuneration and does not give rise to any additional Bonus. Payment of the fixed Remuneration is then subject to the cumulative fulfilment of the following two conditions: (i) final validation of the Content by the Advertiser or the Company, and (ii) transmission by the Creator of a functional and compliant Ad Code within the allotted time. Failing transmission of the Ad Code within the four (4) day period, or in the event of a non-functional Ad Code not corrected within a reasonable time, the service will be deemed incomplete and the fixed Remuneration will not be due, without prejudice to the Company's right to suspend or close the collaboration.

All earnings acquired, namely the Remuneration and the Bonus where applicable, are credited to the Creator's virtual wallet with a "pending" status. These funds, which are not immediately available, become transferable ("available") only from the fifteenth (15th) of the month following the expiry of the Collection Period for Content with variable Remuneration or, for fixed Remuneration, from the fifteenth (15th) of the month following final validation of the Content and, where applicable, the transmission of a functional and compliant Ad Code within the meaning of Article 3.3.3.
Once the funds have been released and the transferable balance reaches a minimum amount of ten euros (10 €), the Creator may order a transfer to their bank account. In order to activate the transfer, the Creator must have entered in their personal space their full identity, bank details in their name and, for professionals or above certain legal thresholds, a valid identity document and a SIRET number. The Creator is solely responsible for their tax and social security declarations relating to the income received, the Company not being their employer.

In order to simplify the administrative and accounting management of the services, the Creator expressly agrees, by accepting these Terms of Use, to entrust the Company with the preparation and issuance of their invoices in their name and on their behalf (invoicing mandate). The Creator retains full responsibility for their accounting and tax obligations and undertakes to pay to the Public Treasury the VAT shown on the invoices if applicable to their status. Invoices issued in the Creator's name will be available for download in their personal space. The Creator has fifteen (15) days to contest the content of an invoice issued in their name.
Carrying out a remunerated activity on the Platform entails strict tax and social security obligations. The Creator declares on their honour that they are in good standing with the administration of their country of residence and that they have a legal status enabling them to issue invoices (such as the auto-entrepreneur status in France). They are solely responsible for declaring and paying all taxes, duties and social security contributions due in respect of payments received via the Platform. The Company shall not be held liable for any failure by the Creator to declare or pay.

In accordance with the regulations in force (in particular Article 242 bis of the French General Tax Code and the European DAC7 Directive), the Company is required to collect certain tax information and to transmit annually to the tax authorities a summary of the income generated by the users of the Platform. In this respect, the Company reserves the right to suspend any payment if the Creator refuses to provide the required tax information (such as their SIRET number or their Tax Identification Number) when the legal reporting thresholds are reached.

The Creator undertakes to act in good faith, with loyalty, and to use the Platform in accordance with its professional purpose. They guarantee the truthfulness and accuracy of the information provided at the time of registration and undertake to update it without delay in the event of any change. The Creator is formally prohibited from disparaging the Company, the Platform or the Advertisers, publicly or by any means accessible to the public, and from attempting to divert users or internet users to a competing service. Creators domiciled outside France are required to comply, in addition to these terms, with all legal and tax obligations applicable in their country of residence.
The Creator is solely responsible for the Content they distribute. They strictly undertake not to use the Platform for unlawful purposes or to publish content contrary to public order, morality or the laws in force (in particular the glorification of crimes, defamation, pornography, copyright infringement). The Company reserves the right to disclose any information necessary to comply with a legal request from the authorities and to remove any disputed element without notice.

The Creator is formally prohibited from using the information, briefs or contacts present on the Platform for personal commercial purposes outside the Platform, or on behalf of competing third parties. The Creator shall not probe, scan or test the technical vulnerability of the Platform, breach the security measures, or use devices (bots, scrapers) likely to overload, damage or impair the operation of the service. Any attempt at data extraction or fraudulent access is prohibited.

In the event of a breach of any of the above obligations, the Company reserves the right to suspend or permanently delete the Creator's Account without notice. In addition, the Creator expressly agrees to defend, indemnify and hold the Company harmless from any liability for any damage, loss or cost (including reasonable legal and procedural fees) resulting from their fraudulent, unlawful or non-compliant use of the Platform, or from the infringement of the rights of a third party.

These Terms of Use enter into force upon their acceptance by the Creator, evidenced by validation at the time of registration or, failing that, upon first access to the Services. The contract is concluded for an indefinite period. It remains in force for as long as the Creator holds an active Account on the Platform and terminates automatically in the event of closure of said Account by either Party, without prejudice to the obligations surviving termination (in particular the confidentiality and assignment of rights clauses).

The Company reserves the right to amend or update these Terms of Use at any time, in particular to adapt the operation of the Platform to technical, legal or case-law developments. New versions will be dated and accessible on the Platform.
In the event of a substantial amendment affecting the rights and obligations of the Parties (for example a change to the Remuneration conditions), the Company will inform the Creator by any appropriate means (email or pop-up notification) prior to its entry into force. Access to the Platform may be conditional upon express acceptance of the new version of the Terms of Use. Refusal of the new terms of use by the Creator will result in the impossibility of accessing the Services and the automatic termination of their Account, after payment of any sums that may be due to them in respect of services already validated.

The Company, acting as Data Controller, attaches major importance to the protection of the privacy of its users. It undertakes to scrupulously comply with the provisions of French Law No. 78-17 of 6 January 1978 as amended (known as the "Informatique et Libertés" Law) and Regulation (EU) 2016/679 (known as the "GDPR"). A detailed Privacy Policy, forming an integral part of this agreement, is permanently accessible on the website https://viewy.fr.
In connection with the use of the Platform, the Company collects and processes data concerning the Creator, in particular: identification data (civil status, contact details), technical data (IP address, connection logs), invoicing data (bank details, SIRET) and, subject to consent, geolocation data. This processing is based on specific legal bases: performance of the contract (for payment and connection), compliance with legal obligations (fraud prevention, accounting) and the legitimate interest of the Company (improvement of services, security).

Data is retained only for the period strictly necessary for the purposes pursued, plus the statutory limitation periods (for example 5 years for contractual evidence or 10 years for accounting records). It is intended for the Company's teams and its technical processors (hosting, payment), and may be transmitted to the competent authorities upon judicial requisition. In the event of data transfers outside the European Union, the Company guarantees an adequate level of protection by signing the European Commission's standard contractual clauses.

The Company implements technical (encryption, https) and organisational security measures to protect the integrity of the data. As access to the Services is reserved for adults, no data relating to minors is knowingly collected. With regard to targeted advertising and non-essential cookies, the Creator has configuration tools to give or withdraw their consent at any time.

In accordance with the regulations, the Creator has a right of access, rectification, erasure and portability of their data, as well as a right to restriction of and objection to processing. They may also set guidelines regarding the fate of their data after their death. To exercise these rights, the Creator may contact the Company at support@viewy.fr. Finally, the Creator is informed that they have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés) if they consider that their rights are not being respected.

The Company is bound by a general best-efforts obligation with regard to the provision of the Services. It undertakes to take the necessary steps to ensure the proper functioning and accessibility of the Platform. However, access may be temporarily suspended for reasons of maintenance, updating or technical emergency. The Company shall not be held liable for interruptions, slowness or inaccessibility of the Platform attributable to the Internet network or to technical configurations specific to the user.
In its capacity as a technical intermediary and hosting provider within the meaning of Article 6-I-2 of the French Law on Confidence in the Digital Economy (LCEN), the Company does not carry out a generalised a priori check of content published by Creators. Consequently, the Company shall not be held liable for unlawful, misleading or infringing Content stored on the Platform, unless, having been duly notified of its unlawful nature, it has failed to act promptly to remove it. Editorial responsibility lies exclusively with the Creator.

As the Company acts solely as a connecting intermediary, it remains a third party to the contractual relationship formed between the Creator and the Advertiser, as well as to transactions for the purchase of products or services. Consequently, the Company shall not be held liable for disputes arising between these parties, in particular in the event of failure by the Advertiser to deliver the product, a defective product, or a disagreement over the instructions in the Brief. Likewise, the Company does not guarantee any minimum volume of views or any specific level of income to the Creator, earnings estimates being provided for information purposes only.

To the fullest extent permitted by the law applicable between professionals, the Company's liability is strictly limited to direct and foreseeable damage. Indirect damage, such as loss of profit, loss of opportunity, loss of turnover, damage to image or loss of data suffered by the Creator as a result of the use of or inability to use the Platform, is expressly excluded from any compensation.

Finally, the Creator is solely responsible for their use of the Platform and for any harmful consequences that may result for the Company or third parties. The Creator undertakes to indemnify the Company for any award, costs (including legal fees) and ancillary amounts that may be imposed on it following a claim from a third party (in particular an Advertiser or a rights holder) relating to the Creator's breach of these Terms of Use or of a legal provision.

The general structure of the Platform and all the elements that make it up, including in particular texts, graphics, images, logos, sounds, software and databases, remain the exclusive property of the Company or its partners and are protected by the French Intellectual Property Code. Any reproduction, representation or exploitation, in whole or in part, of these elements without express authorisation is strictly prohibited and would constitute an infringement punishable by law.
In connection with the Campaigns, the Creator agrees to assign to the Company, for a period of twelve (12) months from the date of validation of the Content by the Advertiser, for the whole world and on an exclusive basis, all the economic copyright attached to the Content, namely the rights to:

1. reproduce or have reproduced all or part of the Content by any technical process, known or unknown, of downloading, storage, fixation or recording, regardless of the number of copies, in all formats, in particular magnetic, digital, electronic and physical, and on all media including, but not limited to, social networks, websites, newsletters, advertisements, digital communications, as well as physical media present at points of sale, fairs, trade shows, exhibition and event venues, shops and showrooms;
2. represent or have represented, in particular to communicate, broadcast, publish, transmit, put online, extract and circulate, directly or indirectly, to the public and internally, all or part of the Content;
3. adapt, arrange, annotate, develop and modify the Content in whole or in part, and incorporate it into pre-existing works, within the limits of these Terms of Use and subject to the Creator's moral rights in the Content;
4. distribute, market and place on the market, whether for consideration or free of charge, for sale or for hire, all or part of the Content, on any medium or via any telecommunications or electronic communications network, and to any audience.

This assignment is made in consideration of the Remuneration (fixed, variable or in products), and includes the right to sub-assign all the assigned rights to the Advertisers. Activation by the Advertiser of "Ad Codes", enabling it to sponsor the Content directly via the Creator's social profile (schemes such as TikTok Spark Ads or Instagram Partnership Ads), will give rise to the payment of additional Remuneration (a "Bonus") determined for each Campaign and conferring a right to use the Ad Code for a period of twelve (12) months, except where the transmission of the Ad Code constitutes a condition of the service in the context of a fixed Remuneration Campaign, in which case the provisions of Article 3.3.3 apply. Finally, it is understood that the Creator retains the right to use the Content strictly for self-promotion purposes (portfolio, personal website, media kit), to the exclusion of any commercial exploitation.

In addition to copyright, the Creator expressly authorises the Company and the Advertiser to use and exploit their personality attributes, namely their image, voice, name and username as they appear in the Content. This authorisation is valid for the same media, the same uses (organic and advertising under the conditions set out above) and for the same duration as the assignment of copyright stipulated herein.

A request to extend the assignment of rights provided for in this Article may be made at any time by the Advertiser via the private messaging of the Creator's Account. In this case, the Creator and the Advertiser will freely negotiate the duration of the extension as well as the associated remuneration, which may be fixed or variable. The extension of the assignment will cover all the rights assigned by the Creator under this Article, in exchange for new remuneration and for a duration suited to their new needs. Once an agreement has been reached between the Advertiser and the Creator, the Company will modify the Account by updating the end date of the assignment of rights. The remuneration relating to the extension of the assignment of the Creator's rights will be invoiced in accordance with the financial conditions defined in Article 3.3 of these Terms of Use.

Neither Party may be held liable for any delay or failure to perform its contractual obligations where such delay or failure results from an event of force majeure within the meaning of Article 1218 of the French Civil Code and as interpreted by the French courts. The occurrence of such an event results in the immediate suspension of the performance of these Terms of Use, unless otherwise agreed between the Parties, and in particular releases the Company from any liability relating to that interruption of service.
Expressly and without limitation, the following are considered to be events of force majeure or fortuitous events, in addition to those usually recognised by case law: total or partial strikes, whether internal or external, bad weather, epidemics, wars, blockages of means of transport or supply, earthquakes, fires, storms, floods, water damage, serious destruction of equipment, governmental, legal or regulatory restrictions, administrative decisions, legislative changes affecting marketing, total or partial blockage of telecommunications networks, as well as any event beyond the control of the Parties preventing the normal performance of obligations.

The Party noting the event must inform the other Party without delay of its inability to perform its service and provide justification for it. The suspension of obligations may in no circumstances be considered as a ground for liability for non-performance, nor give rise to the payment of damages or late penalties. It is further agreed that during this period of suspension, any costs incurred as a result of the situation shall remain the exclusive responsibility of the Party prevented from performing.

If one or more provisions of these Terms of Use are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope. In such a case, the Parties shall endeavour to replace the annulled clause with a valid provision corresponding to the spirit and purpose of these Terms of Use, in order to maintain the economic balance of the contract.

These Terms of Use and all contractual relations between the Company and the User are governed by French law. In the event of a dispute relating to the validity, interpretation, performance or termination of these Terms of Use, the Parties undertake to seek an amicable resolution before taking any legal action. Failing an amicable agreement within thirty (30) days following notification of the dispute by registered letter with acknowledgement of receipt, and subject to the applicable public policy provisions, express jurisdiction is conferred on the courts within the jurisdiction of the Company's registered office (Paris), notwithstanding multiple defendants or third-party proceedings, including for emergency or protective proceedings. The reference language for the interpretation of these Terms of Use is French; any translation into another language is provided for information purposes only.

The Platform is published by the company VIEWY, a simplified joint-stock company (SAS) with a share capital of 1 736,10 euros, registered with the Paris Trade and Companies Register under number 947 989 968, whose registered office is located at 49 rue de Ponthieu, 75008 Paris. Its intra-Community VAT number is FR47947989968.
The Publication Director is Mr Louis TIXIER, in his capacity as legal representative.

The Platform and its data are hosted by Amazon Web Services (AWS) EMEA SARL, whose registered office is located at 38 avenue John F. Kennedy, L-1855 Luxembourg. For any questions or complaints, the support service can be reached at the following email address: support@viewy.fr.