GENERAL TERMS AND CONDITIONS
1. Generalities and scope of application
The General Conditions of Use (GCU) govern your relationship with SAS FLIM, whose registered office is located at 144 rue de Crimée, 75019 Paris, France, registered in the Paris Trade Register under number 887 670 966.
You acknowledge that you have the capacity required to use FLIM and to contract and acquire any paid service.
The General Terms of Use define the use you may make of FLIM, as well as the conditions under which FLIM provides you with the technological tools enabling you to view and use images or sequences extracted from video content.
The use of the FLIM search engine, the technological tools made available to you by FLIM or the purchase of one of our subscriptions implies the full and entire acceptance of the present GCU for the entire duration of use.
You expressly acknowledge that you have read these Terms of Use and have accepted them by checking the appropriate box before using our services.
Our General Terms of Use are accessible at all times on the FLIM.AI website and shall prevail, where applicable, over any other version or any other contradictory document.
The Terms of Use may be modified at any time, and we recommend that you consult them regularly.
2. Purpose
FLIM offers a service by providing a search engine giving access to a library of images and sequences from a multitude of films, documentaries, commercials, music clips, videos, television series and other third-party content (hereinafter, the "shots") enabling you to find inspiring visuals for the development of your professional or educational project.
These shots are intended to give you a unique insight into how film and video professionals create and capture images. We make these images available to you to help you learn, to inspire you, to enable you to do research, to give you points of reference for your professional projects and to help you present your own work in moodboards, for example. You can use the images or sequences as reference points to create professional or educational presentations for the original projects you're working on.
3. How do I access FLIM?
FLIM software offers both free and paid services.
You can also subscribe to additional functionalities by activating a subscription.
The data recorded in the FLIM computer system constitutes proof of all transactions concluded.
3.1 Freemium access
You may choose to use FLIM on a free, no-charge basis (freemium), which is currently limited to two (2) daily accesses in "zoom format" (i.e. when you click on an image to view it in 720p - medium resolution) on the part of the database comprising images, images of films, documentaries and television series, excluding videos.
You don't need to register or create an account to use FLIM in freemium mode.
3.2 Your account
To register and create an account, you must provide complete, accurate and truthful information when you register (last name, first name, e-mail address).
You must keep all account information up to date.
You may not create more than one account.
You may not open a new account if your account has been terminated by FLIM.
You are responsible for maintaining the confidentiality of all authentication information required to access FLIM, including the confidentiality of your user name and password.
You are solely responsible for all actions that occur on or through your account.
You must never use another person's account without their permission or allow another person to use your account. Account sharing is prohibited.
You must immediately notify FLIM of any unauthorized access or use of your account as soon as you become aware of it, at the following address: support@flim.ai
3.3 Free account
You can create an account without taking out a subscription.
You will then have access to the database including images, images of films, documentaries and TV series, excluding videos, limited to three (") daily accesses in "zoom format" (i.e. when you click on an image or to view it in 720p - medium resolution).
3.4 Subscriptions (paid account)
You can take out a paid monthly or annual subscription via the FLIM interface, choosing your formula from among those offered on our FLIM.AI site, depending on how you intend to use FLIM.
To take out a subscription and gain access to additional functions, you must register and create an account.
You are solely responsible for choosing and purchasing a subscription.
A subscription allows you to use our search engine on an unlimited basis on the entire library including images of films, documentaries, TV series, advertising and music clips (BASIC subscription), as well as videos (VIDEO subscription), accessible in HD.
Your initial subscription period will be specified in your order and, unless otherwise indicated, your subscription will be automatically renewed for the same duration.
If you decide not to renew your subscription, you can deactivate automatic renewal by accessing your account billing information.
Your rights and obligations with regard to certain services will be determined by the subscription you have chosen.
We may change our pricing, including subscription fees, at any time by publishing a new pricing structure on our website or by sending you an e-mail notification.
Each subscription is intended for a single user. Likewise, for a Company Team Subscription, subscriptions are strictly individual. Each company member is intended to have his own subscription. 1 user = 1 subscription. The company must take all necessary and useful steps to ensure that its employees, contractors (including freelancers) and legal representatives are aware of, accept and comply with these Terms of Use.
4. Your use of FLIM
You agree to use FLIM only for internal use and for your sole benefit, and within the sole framework provided by these General Terms of Use, failing which you shall be held liable for any resulting damage to FLIM.
By express agreement, any service directly competing with those provided by FLIM shall not be considered internal use.
You represent and warrant that your use of FLIM will comply with all applicable laws and regulations.
You may not reproduce, distribute or transfer the images in any way whatsoever, whether free of charge or for a fee.
In particular, you may not use photos for entertainment purposes, to illustrate your website, or in any way other than as expressly permitted by these Terms of Use.
The training of Artificial Intelligence (AI) is strictly forbidden, even in the case of a subscription.
Violation of any of these obligations entitles FLIM to suspend or terminate an account or right of access.
5. Terms of payment
When you subscribe, you agree to recurring monthly or annual billing, starting from the date of your registration and payable on each anniversary date (monthly or annual).
You may choose to permanently close your account at any time, but payments are due for any month or year started.
Payments are non-refundable.
All charges are exclusive of VAT, which we will invoice where applicable.
At present, VAT is applicable at the rate of 20% to non-professionals worldwide (understood as not having a VAT identification number) and to all French professionals, without prejudice to any bilateral agreements with France.
In the event of late payment or non-payment on the due date, late payment penalties calculated at the monthly interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 points on the amount inclusive of tax of the price of the provision of services, will be automatically and by right acquired by FLIM, without prior formality or formal notice.
A fixed indemnity for collection costs, amounting to 40 euros per invoice, shall be due, ipso jure and without prior notification. FLIM reserves the right to request additional compensation if the collection costs actually incurred exceed this amount.
Late payment shall result in the immediate payment of all sums due, without prejudice to any other action that FLIM may be entitled to take in this respect.
Payments made will only be considered final once FLIM has actually received the sums due.
If you pay by credit card, you authorize us to charge your credit card or your bank or to use a third party to process payments, and you consent to the disclosure of your payment information to this third party.
You must keep your contact, billing and credit card information up to date. Changes can be made in your FLIM account.
6. Suspension or termination of your account and/or access
In the event of non-compliance with any of the clauses or conditions of these General Terms of Use, we reserve the right, at our sole discretion, to restrict, suspend or temporarily or permanently interrupt your account and/or your access to all or part of the FLIM.AI site, at any time and without prior notice.
It is expressly agreed that neither suspension nor termination shall incur FLIM's liability or expose it to any claim for compensation.
7. What are Beta services?
We may invite you to try out new features, which are not available to all our subscribers or the public, for testing purposes only.
We may discontinue beta services at any time, at our sole discretion, and we may decide not to make beta services available to the public.
The Beta Services are subject to the terms and conditions of these Terms and Conditions.
8. How do we protect your privacy?
Your privacy is important to us.
When you register or use the service, FLIM will need to access some of your personal data. Your personal data is necessary both to guarantee you access to our services and to register and process your subscription.
The processing of your personal data by FLIM is governed by the Privacy Policy available at this link: https://flim.ai/policy
9. Copyrights and trademarks
FLIM respects the intellectual property of others and expects you to do the same.
All rights not expressly granted in these Terms of Use are reserved by FLIM.
With the exception of images, plans and sequences, the rights to which belong to the relevant third-party copyright holders, you acknowledge and agree that FLIM or its licensors own all elements of the FLIM.AI site, the site's underlying software and related technology, including all related intellectual property rights.
All content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, artwork and computer code (collectively, the "Content"), including but not limited to the design, structure, expression, look and feel of such Content, contained on the FLIM.AI Site is owned, controlled or licensed by or to FLIM, and is protected by copyright, patent and trademark laws.
No part of the FLIM.AI website or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any manner or form whatsoever, including, without limitation, to any other computer, server, website or other medium for publication or distribution.
If you believe, in good faith, that elements of the FLIM.AI site infringe your copyright, please contact us at support@flim.ai, identifying precisely the copyrighted work that you believe has been infringed, including the location of the URL.
10. FLIM Warranties - Limitation of Liability
FLIM does not warrant that the FLIM.AI website or any of its content, services, information or functionality will be uninterrupted, error-free, inaccurate or accessible, or that any defects will be corrected or that your use of the FLIM.AI website will provide specific results.
FLIM.AI and its content are provided on an "as is" and "as available" basis, without warranty of any kind.
FLIM cannot guarantee that files or other data will be free of viruses, contamination or any other destructive characteristic.
FLIM disclaims all warranties of merchantability, non-infringement or fitness for a particular purpose.
FLIM shall not be held liable for the consequences of any use prohibited by these Terms and Conditions or by the acts of third parties in connection with your use of the FLIM.AI website or FLIM's services.
To the extent permitted by law, FLIM may only be held liable for acts that cause you direct harm, to the exclusion of any indirect or incidental harm, any loss of data, profits, revenue or business opportunities, or punitive damages.
In any event, FLIM's pecuniary liability is limited to the amount(s) actually paid by you in the six months preceding the event giving rise to the claim.
In the absence of payment on your part, you acknowledge that your only recourse will be to cease using FLIM's services and to close your account.
11. Liability towards FLIM
You are solely responsible for the use of FLIM. You agree to hold FLIM, its contributors, licensors, content providers or service providers harmless, indemnify and hold them harmless for any damages, lost profits and losses they may suffer as a result of any action related to your use of FLIM.AI or an image extracted from its library.
12. Search results - Links
You acknowledge that by using FLIM, you will be presented with search results or links that may direct you to third-party content.
Some of the content and information you may access through FLIM search results is owned and controlled by third parties.
The images and information available on the FLIM site have been indexed and compiled using an automated process without prior review of the results by FLIM.
Accordingly, FLIM is not responsible for any information or links made available through the Website.
You also acknowledge that such links are provided solely for your convenience and do not constitute an endorsement by FLIM of the content of such other websites.
13. Service updates
We may make changes, updates or improvements to FLIM.AI whenever we deem it necessary. We may also add or remove features, or suspend or discontinue our services altogether, without notice or compensation.
14. Retention of transmissions or communications
We will retain any transmissions or communications you send to us.
We may disclose any information we have about you, including your identity, if we believe that such disclosure is necessary in connection with an investigation or complaint regarding your use of FLIM, or to identify, contact or bring legal action against someone who may be violating or interfering with our rights or property, or the rights or property of visitors to or users of FLIM.
We also reserve the right to disclose at any time any information we deem necessary to comply with any law, regulation, legal process or governmental request.
15. Notices
We may send general notices through the FLIM.AI website and specific electronic notices to you by e-mail to the address listed in your account information.
16. Relationship between the parties
You and we are independent.
Acceptance of these Terms and Conditions does not create a partnership, franchise, joint venture, agency, trust or employment relationship.
17. Advertising
When you subscribe as a company, you grant FLIM the right to use the name of your company for marketing purposes as a reference in its various documents, publications and communications, without this use giving rise to compensation.
18. Force majeure
FLIM cannot be held responsible for the non-performance of its obligations if such non-performance is due to force majeure. Force majeure or fortuitous events are expressly considered to be those generally accepted by the jurisprudence of French courts and tribunals. In particular, an act of war, hostility, sabotage, riot, a failure of electricity, the Internet or telecommunications not caused by you or us, government restrictions, any strike affecting our business, confinement, an epidemic, a virus or any other event beyond the reasonable control of FLIM shall be considered as force majeure or fortuitous event.
FLIM will use its best efforts to mitigate the effects of an event of force majeure or act of God.
19. Revision of the Terms of Use
We may modify all or part of these Terms of Use by publishing a revised version on the FLIM.AI website.
The revised version will become effective and binding upon publication. We will inform you of such revision by e-mail or by notification on the website. If you use FLIM after the effective date of these changes, you are deemed to accept the changes made and you agree to comply with them.
20. Conflict or inconsistency between documents
In the event of any conflict or inconsistency between the following, the order of precedence shall be (1) these General Terms of Use, (2) the Privacy Policy and (3) any other relevant documentation.
21. Waiver
No failure or delay on our part in exercising any right shall constitute a waiver of that right.
22. Assignment - transfer of subscription
You will not assign or transfer your subscription without our prior written consent, except in the event of a merger, transfer of business or application of the law, provided that your successor is not a competitor of FLIM.
23. Invalid stipulations
If one or more stipulations or clauses herein are held to be invalid or declared as such in application of a law, regulation or following a final court decision, the other stipulations shall retain all their force and scope.
24. Survival clause
Termination of the relationship does not affect clauses relating to the settlement of disputes, nor those intended to take effect even in the event of resolution or termination. This applies in particular to clauses 4, 5, 6, 8, 9, 10, 11, 12, 14, 17 and 25.
25. Applicable law and jurisdiction
This agreement is a contract for the provision of services and not a contract for the sale of goods. It is governed by French law.
The courts of Paris, France, shall have exclusive jurisdiction to settle any dispute, without regard to conflict of laws provisions and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
26. Language
The General Conditions of Use are written in English. In the event that they are translated into one or more languages, only the English text will be deemed authentic in the event of a dispute.
27. Contact information
If you have any questions regarding the Terms of Use, you can send us an e-mail at support@flim.ai to reach our customer support team.