1. Purpose and scope
These terms of sale (the "Terms of Sale") govern the subscription to and use of the Velora service, sold by TECH APP STUDIO (the "Provider") to businesses.
The service is reserved for businesses that support content creators (the "Agencies" or the "Customer"). It is not sold to consumers. By subscribing, the Customer states that it acts for the purposes of its business.
The Terms of Sale are accepted with a checkbox when the account is created. They prevail over any other document of the Customer, including its purchasing terms. The contract is made of the Terms of Sale, the terms of use, the data processing agreement and the refund policy.
2. Definitions
- "Service": the Agency's web console, the iPhone app made available to its Models, and the related integrations.
- "Model": the content creator the Agency invites into the Service.
- "Seat": the right to have one active Model in the Service during a billing period.
- "Period": one month or one year, depending on the plan chosen, starting on the subscription date.
3. The Service
The Service lets the Agency follow its Models' sales reported by the platforms it connects, share work content, plan shoots and messages, and give its Models an app in its own colors. The features are described on the website.
The Provider develops the Service. It may add, change or remove features, without materially reducing the essential features paid for by the Customer during the current Period.
4. Subscription
The Customer creates its account on the website, chooses the number of Seats and the plan (monthly or yearly), then pays on Stripe's secure payment page. The contract is formed at the first successful payment. Full access to the Service opens once that payment is confirmed.
The Customer guarantees that the information provided (company name, address, VAT number) is accurate and keeps it up to date in the billing area.
5. Prices
Prices are in euros, excluding taxes. VAT and other applicable taxes are added on the invoice according to the Customer's situation. For a Customer established in another EU Member State with a valid VAT number, the reverse charge applies.
The price depends on the number of Seats, by tiers: each Seat is billed at the price of its tier. Example: with 6 Seats, the first 4 are at the first tier's price and the next 2 at the second tier's price.
| Seats | Price per seat per month (excl. VAT) |
|---|---|
| 1 to 4 | €150 |
| 5 to 9 | €135 |
| 10 to 24 | €119 |
| 25 and above | €99 |
A loyalty discount applies according to the continuous tenure of the subscription, counted in months paid without interruption since the subscription started:
| Continuous tenure | Loyalty discount |
|---|---|
| Months 1 to 3 | None |
| Months 4 to 6 | −5 % |
| Months 7 to 12 | −10 % |
| From month 13 | −15 % |
The yearly plan gives 20 % off the price of all Seats, on top of the volume and loyalty discounts. It is paid in advance for twelve months.
Cancellation resets the tenure to zero. A new subscription taken out after a subscription has ended starts again at the base price of its tier, without any loyalty discount.
Promotional codes, if any, apply under the conditions stated when they are given.
6. Invoicing and payment
The price is payable in advance, at the start of each Period, by bank card, Apple Pay, Google Pay or SEPA Direct Debit. Payments are processed by Stripe: the Provider neither receives nor keeps card numbers or bank credentials.
When choosing SEPA Direct Debit, the Customer signs a debit mandate in favor of the Provider. An electronic invoice is issued for each payment and remains available in the billing area.
7. Late payment and non-payment
If a payment fails, Stripe retries it and the Customer is notified by e-mail. The Service keeps working for 7 days.
Without settlement after 7 days, access is suspended: the console becomes read-only and the Models' app shows a neutral screen. Data is kept. Access comes back as soon as the payment is received.
In accordance with Article L. 441-10 of the French Commercial Code, any amount unpaid on its due date automatically bears late-payment interest at the rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, as well as a fixed recovery fee of €40. No discount is granted for early payment.
8. Adding and removing Seats
The Customer can add Seats at any time from the console. The addition is billed immediately, pro rata to the time left in the Period. The new Seats open once that payment is received.
The Customer can remove Seats, without going below the number of active Models. The unused part of the removed Seats is calculated pro rata and credited to the following invoices. This credit is not paid out in cash, except in the cases set out in the refund policy.
9. Term, renewal and cancellation
The monthly plan has no minimum term. It renews automatically every month. The yearly plan covers twelve months and renews automatically for twelve months.
The Customer can switch from the monthly to the yearly plan at any time. The new year is billed immediately, minus the unused part of the current month. Switching from yearly to monthly takes effect at the end of the current year, on request to support.
The Customer cancels from the console (Subscription). Cancellation takes effect at the end of the paid Period: the Service remains available until then, and no started Period is refunded. Before that date, the Customer can withdraw its cancellation and keep its tenure.
In the event of a serious breach by the Customer (in particular persistent non-payment or breach of the terms of use), the Provider may terminate the contract after a formal notice that remains without effect for 15 days, or immediately in the event of clearly unlawful use.
10. Changes to prices and to the Terms of Sale
The Provider may change its prices or the Terms of Sale. The Customer is notified by e-mail at least 30 days in advance. New prices apply from the next Period. A Customer who refuses them may cancel before they take effect, free of charge.
11. Provider's commitments
The Provider supplies the Service with professional care, under a best-efforts obligation. It takes care of hosting, security, maintenance and backups, and answers support requests by e-mail at support@velora-hq.com.
Short interruptions may occur for maintenance. The Provider tries to schedule them at off-peak times and to give notice in advance when possible.
The sales shown come from the third-party platforms connected by the Customer. They may arrive late or be unavailable if those platforms change how they work or cut access. They are for monitoring and do not replace the platforms' official statements.
12. Customer's commitments
The Customer uses the Service in accordance with the terms of use and the law. It is responsible for the accounts of its team and its Models, for the content uploaded, for the keys and sessions of the platforms it connects, and for the consents it must obtain, in particular from its Models.
It keeps its credentials confidential and notifies the Provider without delay of any unauthorized use of its account.
13. Personal data
For the data of its Models and its team, the Customer is the controller and the Provider acts as processor, under the data processing agreement. For the Agency account and billing data, the Provider is the controller, as described in the privacy policy.
14. Reversibility
The Customer's data remains its property. It can export it at any time from the console (Settings, Data), in a readable format (JSON).
At the end of the contract, the data remains available for export for 30 days, then is deleted. Invoices and accounting records are kept for 10 years, as required by law.
15. Intellectual property
The Service, its software and the Velora brand remain the property of TECH APP STUDIO. For the term of the contract, the Customer receives a personal, non-exclusive and non-transferable right of use, limited to its internal needs and those of its Models.
The Customer keeps all rights to its content, brand and logo. It authorizes the Provider to host and display them, only to provide the Service.
16. Liability
Each party is liable for the direct damage it causes to the other through its proven fault. The Provider is not liable for indirect damage, such as loss of revenue, customers or data due to an external cause, nor for the operation of third-party platforms and services.
Except in the case of gross negligence or wilful misconduct, and except for personal injury, the Provider's total liability under the contract is limited to the amounts paid by the Customer during the twelve months preceding the event giving rise to the claim.
17. Force majeure
Neither party is liable for a delay or failure caused by a force majeure event within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate the contract in writing, without compensation.
18. Confidentiality
Each party keeps confidential the non-public information received from the other during the contract and for 3 years after it ends, unless required by law to disclose it.
19. Miscellaneous
If a clause is held invalid, the other clauses remain in force. Failing to rely on a clause does not waive it. The Terms of Sale are written in French; in the event of a difference with a translation, the French version prevails.
20. Governing law and disputes
The Terms of Sale are governed by French law. The parties first seek an amicable solution for 30 days from the written complaint. Failing that, any dispute is submitted to the competent courts of Nice, France, including in the event of multiple defendants or third-party claims.