Terms of Sale

Article 1. Purpose

These General Conditions of Sale govern the sales of the Services offered by the Company Livestorm SAS (commercial name “Livestorm”) with a share capital of 21 301,72€, registered with the Trade Register of Paris under number 820 434 439, whose registered office is at 16 rue Cuvier, 69006 Lyon, France, intercommunity VAT number FR 12820434439, operating the website livestorm.co.

Any stipulation included in a document specific to the Client and intended to modify the provisions of these General Conditions of Sale shall be considered null and void, unless the Parties have agreed in writing to an amendment to these General Conditions of Sale.

Article 2. Definitions

“Account(s)”: individual account created for Users to access and use the Livestorm Services.

“Active Contact” (legacy): unique person (external registrant, team member or Administrator) who has registered for or joined one of Client’s Livestorm events. This definition applies only to legacy subscription explicitly stated in the Order Form or reflected in the Client’s account.

“Administrators” or “Managers”: authorized staff by the Client who create and manage ****Accounts and online events

“Attendee”: any unique natural person, identified via their email address or a browser session, who participates in one Session by joining live, watching its replay, or consuming it on-demand. Team Members are excluded from the count. A person who attends multiple different Sessions is counted once per Session.

“Attendee Credit” or “Credit” (Attendee-Based Pricing only): a unit deducted when one Attendee participates in one Session (live, replay, or on-demand). 1 Attendee = 1 Credit. Team Members do not consume Credits. Credits are valid only during the Billing Cycle and do not roll over unless otherwise specified in the Order Form or at early renewal

“Attendee-Based Pricing”: the pricing method under which the Client prepays an annual envelope of Attendee Credits and ****is charged based on the total number of Credits prepaid during the Billing Cycle.

“Billing Cycle”: the twelve-month contractual period during which Credits can be consumed. There is no monthly reset of Credits.

“Client”: entity (legal or natural person) who has validly subscribed to Livestorm Services and whose relationship is governed by these General Conditions of Sale.

“Content(s)”: any content published or distributed on the Livestorm Service by Livestorm, Users or a third party. This includes text, words, information, images, videos, sounds, data or hypertext links.

“General Terms of Sale” or “Contract”: this document and its annexes.

“General Terms of Use”: contractually binding document governing the conditions of use of Livestorm Services by the Users.

“Livestorm” or “the Company”: the Company Livestorm SAS (Commercial name "Livestorm") whose registered office is at 16 rue Cuvier, 69006 Lyon, France, intercommunity VAT number FR 12820434439 operating the website livestorm.co.

“Livestorm Service”: all Services, functionalities, and applications accessible via the website and provided by Livestorm, in particular an online events management tool.

“Order Form”: any quote, order form, or commercial document issued by Livestorm and expressly accepted by the Client, which sets out the subscribed Services, subscription term, quantities, and pricing, and which is intended to govern Clients subscribing through Livestorm’s Sales process.

“Participant”: person who, particularly by participating in online events, sends and visualizes their information with the Livestorm solution.

“Session”: a single, distinct occurrence of an online room, broadcast, or content access instance within the Livestorm Service, whether live, replay, or on-demand. An event created in the Livestorm Service may consist of one or several Sessions. For Attendee-Based Pricing, Credits are deducted per Attendee per Session joined. If an Attendee joins multiple Sessions within the same event, one (1) Credit is consumed for each Session joined.

“Team Member”: a user who belongs to the Client’s Livestorm workspace and collaborates on events internally (including Administrators, Managers, internal presenters, and internal staff invited to join or test events under the Client’s workspace).

“User”: any regular or occasional user of the Livestorm Service, as a visitor of the Livestorm website, an Administrator/Manager, Participants, or Team Members.

Article 3. Price

3.1 General provisions (applicable for all offers)

This part applies to all the offers**.**

3.1.1 Currency and taxes. Prices are quoted in euros (EUR) or U.S. dollars (USD), exclusive of taxes and processing fees. The applicable currency is specified in the order form or or at the time of purchase via the pricing page. Any pricing information displayed at https://livestorm.co/pricing is provided for informational purposes only and does not constitute a binding offer.

Livestorm may change prices with 15 days' written notice. The Customer may refuse these changes by canceling the subscription in accordance with these Terms and Conditions. If no response is received, the change will be considered accepted and will apply to the next billing cycle.

3.1.2 Annual indexation. Unless otherwise specified in the Order Form, Livestorm will apply a 7% annual adjustment on each anniversary date of the initial subscription term. The Client may elect not to renew the subscription in accordance with the termination provisions set out in Article 5.1.

3.1.3 Pricing methods. Livestorm applies two distinct pricing models:

1. Attendee-Based Pricing (Current standard model) - ****applicable to all new subscriptions unless otherwise expressly agreed in the Order Form.
2. Legacy Active Contact Pricing - applicable only to Clients whose Order Form, their online checkout flow, invoice, or account interface expressly refers to this model.

3.2 Attendee-Based Pricing (Standard model for new orders)

3.2.1 Annual commitment

Subscriptions under the Attendee-Based Pricing model are entered into for a firm, non-cancellable annual term. The Client prepays an annual allocation of Attendee Credits as specified in the Order Form. No partial-term subscription is available under this model.

3.2.2 Credit consumption rules

The Client purchases an annual bundle of Attendee Credits.

1. 1 (one) Attendee participating in 1 (one) Session (live, replay, or on-demand) consumes 1 Credit.
2. The same individual attending two different Sessions consumes 2 (two) Credits.
3. An Attendee who participates a live Session and subsequently watches the replay of that same Session consumes only 1 (one) Credit in total for that Session.
4. Registered users who do not attend a Session consume zero (0) Credits.
5. Counting is performed per Attendee, per Session, within the applicable Billing Cycle.

3.2.3 Credit validity

Credits are valid exclusively during the applicable Billing Cycle and and shall automatically expire at its end. Credits are non-transferable and non-rollover, unless expressly provided otherwise in the Order Form or in the case of an early renewal under Article 4.3. Unused Credits are forfeited without refund or compensation.

3.2.4 Unit price and volume tiers

The unit price per Credit and any applicable volume tiers are set out in the order form or, for self-serve subscriptions, in the online checkout flow, invoice, or Client account interface at the time of purchase.

3.2.5 Quota monitoring

The Client is solely responsible for monitoring its Credit usage and ensuring compliance with its allocated quota.

Livestorm may, at its discretion, provide usage alerts via the platform interface and/or email when the Client approaches, reaches, or exceeds its available Credits. Such notifications are provided for convenience only and shall not affect the Client’s obligation to respect its allocated quota. The quota limits as defined in the Order Form, invoice, or Client account interface are binding and enforceable at all times.

3.2.6 No refunds

Except where required by mandatory law, no refund shall be due for unused Credits, early termination, or reduced usage during the subscription term.

3.3 Legacy active contact pricing (By exception only)

This pricing model applies solely where expressly stated in the applicable Order Form or in the invoice, or Client account interface.

Each unique individual shall be counted once per calendar month if active. Usage is measured either against a monthly cap or deducted from an annual pool of credits, as specified in the legacy Order Form or Client account interface. Any usage exceeding the applicable allowance shall be invoiced as additional Active Contacts.

Clients under this legacy model remain subject to the pricing structure defined in their existing contractual documentation until migration or renewal under a new Order Form. Clients may elect, at their sole discretion, to migrate to the current Attendee-Based Pricing model at any time, in which case the terms of the new Order Form, invoice, or self-serve purchase process shall apply.

3.4 Specific statement for Enterprise offers (Attendee-Based Pricing)

Any Credits overage shall be invoiced in accordance with the conditions defined in the Order Form.

Top-ups, where available, may be priced at a premium to the negotiated unit price. Any examples, simulations, or projections provided by Livestorm are illustrative only and shall not be contractually binding unless expressly included in the Order Form.

3.5 Specific statement for Self-serve Offers (Attendee-Based Pricing)

Subscriptions under Self-Serve offers (Pro and Free) are based on fixed annual tiers of Attendee Credits, with list prices per year and indicative effective unit prices on the Order Form or published on the pricing page or displayed in the online checkout flow or Client account at the time of purchase.

Quota behavior :

Once the applicable Credit quota is reached, additional Attendees who have not yet been counted for a Session may not join. Registrations may continue. Attendees already counted for that Session may rejoin live or via replay.

Pricing adjustments:

• No mid-cycle downgrades are permitted. Upgrades are governed by Article 4.3.

3.6 Legacy offers (freemium and monthly plans)

Legacy Freemium:

Clients remaining on a legacy freemium model continue to be governed by the legacy terms until migration pursuant to Article 6. Post-migration plan details shall be made available in the Client account or by email.

Legacy Monthly Subscriptions:

Clients on a legacy monthly model may not downgrade or upgrade and may only migrate to the current pricing model or terminate their subscription.

In case of overage, new Attendees will be prevented from joining until an upgrade or top-up is purchased. Livestorm may implement technical measures to enforce quota limits and will make reasonable efforts to notify the Client in advance.

Article 4. Orders, costs and payment

4.1 Orders

The Client can order Services using Livestorm’s valid ordering processes. All orders are subject to approval and verification by Livestorm. Information supplied by the Client must be accurate, complete, and up to date.

Any subscription to Livestorm Services implies acceptance of these General Conditions of Sale. Any confirmation of an order implies full and complete acceptance of these General Conditions of Sale from the Client, without exception or reservation.

All data provided and the confirmation recorded shall constitute proof of the transaction. Confirmation of the order shall constitute signature and acceptance of the transactions which have taken place. A summary of Client's order information and the General Conditions of Sale will be sent to the Client when he subscribes to Livestorm Services.

4.2 Costs and payment

The Client is responsible for all applicable costs for the Livestorm Services.

Payments are due immediately for bank card transactions, or within 30 days of the invoice date (or as otherwise specified in the invoice or quote) for other payment methods. The Client agrees (i) to warn Livestorm of any disputed costs within fifteen (15) days following the date of the invoice, (ii) to work in good faith to quickly resolve any conflict and (iii) to pay the costs within the fifteen days following resolution of the dispute.

The billing method applicable to a Client shall remain in effect for the duration of the subscription term unless otherwise agreed in writing.

Depending on the chosen offer, payment of invoices may be made:

• By bank card, in which case the Client authorizes Livestorm (a) to take measures to ensure that the debit/credit card number provided is valid and (b) to invoice the said card, as per the invoicing frequency specified in the Order or checkout confirmation;
• Or, by bank transfer for annual subscription only;

The Client is hereby informed and expressly agrees that any payment delay of all or part of an amount, within the framework of this Agreement, at its due term, shall automatically entail, without prejudice to Livestorm’s other rights and with an eight-days prior formal notice:

• immediate suspension of current Livestorm Services until complete payment by the Client/Beneficiary of due amounts;
• invoicing of a late payment interest, for Livestorm’s benefit, at the rate of three (3) times the legal interest rate, calculated on the total of all amounts due by the Client/Beneficiary;
• invoicing a lump sum of 40€ for the collection costs.

Livestorm reserves the right to cancel the Contract immediately if at any moment the Client's payment information proves to be inaccurate or out-of-date, and the Client shall be responsible for any other costs incurred following the use by Livestorm of the Client's invoicing information to make a payment. Livestorm reserves the right to update the prices of the Livestorm Services at any time after the initial term.

Unless otherwise specified in the Order Form, any unused annual allowances or annual pools of Credits do not carry over.

4.3 Mid-cycle upgrade by early renewal (Attendee-Based)

a) Availability: The Client may upgrade to a higher tier at any time.

b) Effect: a new 12-month Billing Cycle starts on the upgrade date; the Client is invoiced the full price of the new tier as of that date. Remaining unused Attendee Credits from the previous plan are carried over and their validity is extended to match the new Billing Cycle. This carry-over does not apply to one-off top-up Credits purchased during the subscription, which expire at the end of the current Billing Cycle, even in the case of an early renewal through a mid-cycle upgrade.

c) Direction: Subscription changes are limited to upgrades only; no downgrades may be made mid-cycle.

This section applies exclusively to Attendee-Based Pricing subscriptions, and not to any legacy pricing model.

4.5 Counting disputes (Attendee-Based)

Counting is based on Livestorm platform logs and analytics. Disputes relating to counting must be raised within 15 days from the invoice date. If a good-faith discrepancy exceeds 5% for the disputed period, the Parties shall cooperate to resolve it, including a credit note or invoice adjustment where applicable.

4.6 Additional Services

The Client may order additional Services at any time; absent contrary indication, they are subject to these General Conditions of Sale and the applicable General Conditions of Use.

4.7 Overdue accounts

Livestorm reserves the right, at its discretion, (i) to suspend or cancel all or part of the Livestorm Services due to non-payment of undisputed costs, and (ii) to impose a charge to restore archived data from overdue Accounts. The Client agrees to reimburse Livestorm for any reasonable costs and expenses incurred in recovering overdue amounts.

Article 5. Term and termination

5.1 Term

These General Conditions of Sale govern relations between Livestorm and the Client for the entire term of their subscription to the Livestorm Services.

The subscription is binding for the duration of the initial commitment term agreed upon at the time of purchase (the “Initial Term”). For an annual subscription, the Initial Term is twelve (12) months. For a multi-year subscription, the Initial Term is the full number of years agreed.

The subscription may not be terminated by the Client before the expiry of the Initial Term.
Upon expiry of the Initial Term, the subscription shall automatically renew for successive renewal terms of the same duration as the Initial Term (each, a “Renewal Term”).

The notice period for termination of the subscription is ninety (90) days prior to the anniversary date of the subscription. This applies to the end of the Initial Term and to the end of any Renewal Term.

In accordance with applicable EU law, including the Data Act, the Client may terminate the subscription to switch to another service provider and retrieve its data. Such termination shall not affect the Client’s obligation to pay any amounts due under the committed subscription period. The Client shall remain liable for all fees corresponding to the remainder of the committed period and and shall pay a fixed fee equal to 50% of the annual subscription amount, representing the reasonable costs incurred by Livestorm to facilitate the data transfer.

During the Initial Term and any Renewal Term, any additional Services, add-ons or Credits added by the Client shall be incorporated into the subscription and shall renew automatically under the same conditions.

The following provisions apply solely to clients whose relationship with Livestorm is governed by public law (State, local authorities, public institutions, etc.). These provisions shall prevail over any conflicting stipulations in these General Conditions of Sale for such clients only. The contract is concluded for an initial fixed term of 12 months, or as specified in the order, and shall be automatically renewed 3 (three) times for successive 12-month periods, for a maximum total duration of 48 months), unless terminated by either party with at least 90 days' prior notice before the expiration date, sent by registered letter with acknowledgment of receipt.

The following survive termination: Article 7 (Image rights and IP), Article 8 (Intellectual property - Brands), Article 9 (Responsibility and Guarantee), Article 11 (Personal Data), Article 12 (Confidentiality), and Article 16 (Applicable Law and Jurisdiction).

5.2 Free plan

The availability and content of the free plan are at Livestorm’s sole discretion. The features, including the number of base Attendee Credits, maximum Session duration, and available functionalities, are as published on the pricing page at https://livestorm.co/pricing. Livestorm may modify, limit, or extend free access at any time, for example in connection with sales opportunities, at its sole discretion.

5.3 Legacy monthly freemium and monthly Pro

Legacy monthly freemium and monthly Pro subscriptions can be cancelled by the Client through the Account and take effect at the end of the current subscription period. No reimbursement is due for amounts already paid. Clients under the legacy model cannot upgrade or downgrade; they may only churn or voluntarily migrate to the current Attendee-Based Pricing model.

Legacy subscription rules remain in effect until migration under Article 6 and as specified in the Client’s account.

5.4 Non-compliance with obligations

In the event of flagrant disregard of contractual obligations by either party, the other party may send a registered letter with acknowledgment of receipt. If no corrective action is taken within thirty (30) days from receipt of the notice, the notifying party may terminate the subscription.

Article 6. Migration to Attendee-Based Pricing

6.1 New Clients. Unless expressly stated otherwise by Livestorm at the time of subscription, new Clients subscribe to the Attendee-Based Pricing model described in Article 3.2.

6.2 Existing Clients. Clients subscribed under a legacy pricing model may migrate to Attendee-Based Pricing:

• voluntarily, at any time, either in-product or through Livestorm Sales; or
• upon renewal, upon renewal of their subscription, where Livestorm has informed the Client in advance that renewal will only be offered under the Attendee-Based Pricing model. In such case, continuation of the Services beyond the current term constitutes acceptance of the new pricing model, and the Client remains free not to renew in accordance with Article 5.

Livestorm may, after giving at least 15 days' notice, define a mandatory migration framework or schedule for Customers.

6.3 Self-serve offer migration.

1. Selection of tier. The Client selects the Attendee-Based Pricing tier applicable to its needs at the time of migration.
2. Start of new term. Migration constitutes a new subscription to the Attendee-Based Pricing model. A new Billing Cycle begins on the migration date.
3. Treatment of remaining legacy Credits. Where the Legacy Client had prepaid Credits remaining under its previous subscription, Livestorm may apply a prorated credit corresponding to the unused portion of that legacy period, which is deducted from the first invoice under the new plan. Such credit has no cash value and is not refundable.
4. Promotional benefits. Coupons, discounts, or promotional conditions applicable under the legacy subscription do not carry over to the new plan unless expressly confirmed by Livestorm at the time of migration.
5. Payment condition. Migration is effective only upon successful payment of the applicable fees for the new subscription. In the event of payment failure, migration is deemed not to have occurred and the legacy subscription remains in effect.

6.4 Business offer migration

For Clients subscribed under Business offers:

• Migration to Attendee-Based Pricing may be formalized through a quote, order form, invoice, or other written commercial document issued by Livestorm.
• In that context, Livestorm and the Client may agree on adapted tiers, volumes, or unit pricing taking into account the Client’s historical usage, in order to ensure commercial continuity.
• Promotional discounts, coupons, legacy rebates, or other commercial advantages previously granted under a legacy subscription do not automatically carry over to the Attendee-Based Pricing model and shall apply only if expressly stated in the applicable quote, order form, invoice, or other written commercial document issued by Livestorm.
• Any examples, simulations, or projections shared during commercial discussions are illustrative only and are not contractually binding unless expressly reflected in the applicable commercial document.

Article 7. Image rights and intellectual property

The Client guarantees Livestorm that it has obtained all authorizations prior to the recording, the use and the distribution of the image of a User hosting an online event, in particular for rebroadcasting.

The Client guarantees Livestorm that it holds all of the rights to broadcast the event online. In this respect, the Client declares that it is the holder of all intellectual property rights related to the Content of the online event (which assumes, if applicable, that a prior agreement has been reached with the facilitator of the online event to transfer his or her copyright or a license to use the Content it provides).

The Client guarantees in particular that the online event does not constitute an infringement of a pre- existing work; that it has complied with and will comply with the intellectual property rights of third parties, including copyright, and rights to designs and models, patents and trademarks.

As such, the Client guarantees Livestorm against any action, claim, demand or objection from any person alleging an infringement of intellectual property or an act of unfair and/or parasitic competition, or infringement of image rights which the broadcasting of the online event or the performance of these General Conditions of Sale or the applicable General Conditions of Use may have infringed. Compensation and expenses of any kind incurred by Livestorm, as well as all damages ruled against him or her, will be paid for by the Client.

Article 8. Intellectual property - Brands

All of the text, graphics, User interfaces, photographs, commercial brands, logos, sounds, music, illustrations and IT code (collectively designated by the term "Intellectual Content"), particularly the design, structure, selection, coordination, expression, appearance and User-friendliness, the presentation and layout of the Intellectual Content, appearing on the website livestorm.co and on the Livestorm Service is held, controlled or transferred under license by or to Livestorm, and is protected by all the applicable legislation related to intellectual property and unfair competition.

Unless there is an express indication to the contrary in these General Conditions of Sale, no section of the Livestorm Service, the website or any intellectual Content may be copied, reproduced, modified, republished, uploaded, published, exhibited in public, encoded, translated, transmitted or broadcast in any manner whatsoever (including by "mirroring") on another computer, server, website or publishing or broadcast medium, or for any commercial enterprise whatever, without prior written agreement from Livestorm.

The Client can use the information about Livestorm products and Services intentionally made available by Livestorm for downloading, on the condition that (1) the Client do not delete the copyright notices on the copies of these documents, (2) the Client uses this information for his personal use for non- commercial purposes and he does not copy and does not publish the information on a network computer and does not broadcast it, in any medium whatsoever, (3) the Client does not make changes to this information and (4) the Client does not offer any commitment or guarantee about the Content of these documents.

It is recalled that any Content produced by the User during an online event remains the property of the Client and that ownership thereof shall not be transferred to Livestorm.

Article 9. Responsibility and Guarantee

Livestorm will do everything possible to ensure correct operation of the Livestorm Service and to provide the Livestorm Service to the Client 24/7.
Nonetheless Livestorm only has an obligation of means regarding access to and use of the Livestorm Service. Livestorm cannot guarantee that the functions offered by the Livestorm Service will always be available or free of typographical, technical or other errors, that faults will be corrected or that the Livestorm Services or servers that host it will be free from viruses or bugs.

The Livestorm Service may be interrupted temporarily by Livestorm for reasons of maintenance, test, repair or anything else associated with the improvement and operation of the Livestorm Service, without creating liability. If the Livestorm Service is interrupted, Livestorm alone shall decide whether or not to grant compensation to the Client.

Livestorm has no liability in the cases of force majeure anticipated by the law and as defined by the jurisprudence of French courts and tribunals including the interruption, suspension, reduction or disruptions to supply of electricity or other things or any interruptions to telecommunications networks.

Moreover, Livestorm cannot be considered responsible for the Content of websites or personal pages of the User (sites, personal blogs of the User which are accessed externally or internally to Livestorm).

The User is solely responsible for the information, text, image, videos, data, files and programs contained in their personal space or on their personal page.

The User shall not hold Livestorm liable for any loss, complaint, dispute, compensation or expense, including the costs of justice and defense, claimed by a third party or another User due to their personal space or personal page.

Livestorm is held to an obligation of means within the framework of these General Conditions of Sale and cannot under any circumstances be held responsible for any loss, harm or indirect damages of any kind whatsoever as a result of the management, use, operation or interruption or failure of the Service.

Livestorm cannot be considered responsible for the Content of external websites, or for the functionality of access to these websites. Livestorm does not approve and is not responsible for the Content, ideas, opinions, products or Services sold on these external websites.

In accordance with the General Conditions of Use freely accepted by them, the Users are solely responsible for hypertext links and internet addresses included on their website or personal pages and guarantee Livestorm, its subsidiaries, directors, agents and employees against any dispute or claim regarding these links.

Livestorm does not provide a guarantee against and cannot be considered responsible for the loss or alteration of files or data that the User transfers to their personal space on the Livestorm Service.

The User agrees to transfer his or her data and files knowingly and under their sole responsibility. It is the User's responsibility to perform any backup measures that seems necessary to him or her.

In any event, any liability that could be incurred by Livestorm within the framework of these General Conditions of Sale is expressly and solely limited to direct actual damages suffered by the Client and shall not exceed, all faults and damages aggregated, the total amount paid by the Client concerned within the year preceding these damages. Any procedure against Livestorm must be started within one (1) year following the damage concerned.

Article 10. Acceptance of the General Conditions of Use

The Client acknowledges that accepting these General Conditions of Sale raises the possibility for the Client of authorizing members of its staff to create Accounts and to give access to the Livestorm Service to Users. As such they undertake to ensure compliance of the General Conditions of Use of the Livestorm Service by members of its staff.

Article 11. Personal Data

Livestorm collects and processes some of the User's personal data (the "Data"), under the conditions provided for by the schedule to these General Conditions of Sale related to Privacy policy. As such, Livestorm has the capacity as Sub- Contractor and the Client has the capacity as Data Controller, within the meaning of the GDPR.

Livestorm assures the Client that the Users Data will be collected and processed in compliance with the provisions of the modified law no. 78-17 of 6 January 1978 on Information Technology, Data Files and Liberties (the "IT and Freedoms Law") and Regulation (EU° no. 2016/679 of the European Parliament and Council dated 27 April 2016 (the "Regulation").

For a more detailed version of the conditions for the collection and processing of the User's Data, the User is invited to consult the Policy to protect the data of Livestorm and that of the Client.

By virtue of the provisions of the IT and Freedoms law and the Regulation, Livestorm guarantees the Client the existence of a procedure enabling the User to exercise their rights to access, rectify, delete, restrict, portability and to define directives relating to the fate of Data post-mortem.

Livestorm undertakes to guarantee the existence of adequate protection levels in keeping with the applicable legal and regulatory requirements.

Livestorm shall notify the Client as soon as possible of any breaches of Data covered by the Regulation.

Any document entered into between Livestorm and the Client that relates to the processing of personal data under these General Terms of Sale (e.g., data processing agreement, etc.) shall constitute an appendix to these General Terms of Sale and shall be subject to these General Terms of Sale.

Article 12. Confidentiality

The parties undertake to keep as confidential, during the term of their contractual commitment as well as three (3) years after its end all information data or documents issued by one of the parties to the other for the purposes of these General Conditions of Sale. Confidential information shall include, without any reservation, any concept, trade secrets, know how, inventions, techniques, processes, programs, schematics, software source documents, data, Client lists, financial information and sales and marketing plans ("Confidential Information").

All Confidential Information are considered to be “trade secrets” in accordance with the French Commercial Code. The Parties undertake that the Confidential Information communicated within the scope of the Livestorm Services (i) shall be protected and remain strictly confidential and will not be disclosed either directly or indirectly to any third party and (ii) shall not be reproduced, copied, duplicated either partly or totally, without the prior express Contract of the Party which issued the information and (iii) shall only be communicated to the personnel of the other Party for the purposes of the Livestorm Services and provided that the personnel of the said Party assigned to the Livestorm Services are bound by a confidentiality.

Article 13. Sanctions

If the Client or its Users breach these Terms or any document issued by Livestorm, Livestorm may terminate or limit access to the Service, the Account, and related Services without prior warning and at its sole discretion.

Article 14. Special conditions

Each Service may be subject to special conditions.

Livestorm is free to add and to delete Services and/or to alter their characteristics, conditions of use and other special conditions. It will inform Users about this in advance by email or by a display on the website and on the Livestorm Service.

Within the context of using the Livestorm Service or by its intermediation, the User may be led to make use of or access Content provided by third parties. Livestorm rejects any responsibility with regard to the said Services and Content, with which it is not involved, the third-party provider of the Service or Content being solely responsible in relation to the User.

Under no circumstances can Livestorm be held responsible for any damage that has occurred in the context of exchanges performed outside the Livestorm Service, even between Users.

Article 15. Prevalence

Additional general conditions may apply to purchases or to specific sections or functionalities (competitions, promotions, etc.). In case of contradiction between these Terms and conditions applicable to a specific section or Service, the latter take precedence for that specific Service.

When applicable, Livestorm’s obligations in relation to its Products and Services are governed only by the agreements in the terms of which they were defined and no element appearing on the Livestorm Service can be interpreted in such a way as to modify these agreements.

Livestorm may make changes to the products and Services offered on the website and on the Service at any time and without prior warning.

Article 16. Applicable law – Competent jurisdiction

Notwithstanding the country in which the Client subscribes to the Livestorm Services, these General Conditions of Sale are exclusively governed by French law.

The French version shall take precedence over any other version of the General Conditions of Sale.

Given the global nature of the Internet, Clients are reminded that they must also comply with the rules applicable in the territory in which they are using the website or using the Livestorm Services.

In the absence of an amicable solution, any dispute that may arise between the parties in relation to the formation, execution, interpretation or cancellation/termination of the Contract will be under the exclusive competency of the competent French courts, including cases of proceedings for interim measures (“référé”, “requête”) or those involving a plurality of defenders.

Livestorm and the Client must perform their obligations in utmost good faith.

In the event of disputes related to the interpretation, validity and consequences of these General Conditions of Sale, the Client is invited to contact assistance at the following address: hello@livestorm.co.

Article 17. Marketing Commitments

Livestorm may request the Client’s participation in a case study for promotional purposes, requiring a minimal time commitment.

Livestorm may use quotes provided by the Client in its marketing and communication materials, including but not limited to its website, emails, social media, and press releases.

Livestorm may also use the Client’s logo, trademarks, and trade names in its marketing materials, including but not limited to its website, emails, social media, and press releases.