General Terms & Conditions of Sale

General Terms and Conditions of Sale Between Professionals

IDENTIFICATION OF THE PARTIES

The Company MIC MEDIA, a simplified joint-stock company with share capital of €23,686, registered in the Perpignan Trade and Companies Register under number 895 347 466, with intra-community VAT number FR84895347466, whose registered office is located at 1 RUE LEON BLUM 66270 LE SOLER, represented by Mr. Anthony DOUCHY, who has full powers for the purposes of these presents as President. 

Hereinafter referred to in these presents as “ANTO.INFO”,

On the one hand,

AND

Any professional, natural or legal person, who accesses the Services.

OR

Any individual, natural person, who accesses the Services.

Hereinafter referred to in these presents as “User”

On the other hand,

Hereinafter collectively referred to in these presents as the “Parties”

IT IS AGREED AS FOLLOWS:

ARTICLE 1 – OBJECT

ANTO.INFO specializes in providing access to a web application whose purpose is to facilitate the dissemination and promotion of cultural, artistic, musical, sporting or other events organized or promoted by natural or legal persons, public or private (hereinafter “the Site”). ANTO.INFO provides access to software allowing contributing users (hereinafter “Contributor(s)”) to create event listings and publish them on the Site (hereinafter “Listing(s)”).

The Client is a company specializing in the dissemination, promotion, and organization of events of all kinds for its own account or on behalf of third parties, subscribing to the paid services described herein as part of its main professional activity. 

These General Terms and Conditions of Sale (hereinafter the “these” or “GTC”) aim to describe the conditions and modalities for providing ANTO.INFO’s paid Services to the Client and to define the rights and obligations of both parties in this regard. 

ARTICLE 2 – SCOPE OF APPLICATION

These GTC are systematically communicated to any Client who requests them, to enable subscription to the Services from the Provider and the conclusion of an access contract for paid services (hereinafter “Contract”) with the Provider. 

They are accessible at any time on the Provider’s website at the following URL: https://anto.info

These apply, without restriction or reservation, to all paid Services provided by the Provider to Clients who subscribe to the paid Services described herein, regardless of any conflicting terms in the Client’s documents, including the Client’s own terms and conditions of purchase. 

Any subscription to paid Services implies the Client’s unreserved acceptance of these GTC. 

In accordance with applicable regulations, the Provider reserves the right to deviate from certain clauses of these GTC based on negotiations with the Client, by establishing Specific Terms of Sale. 

The conclusion of these constitutes the entirety of the commitments between the Parties and establishes all their rights and obligations. It supersedes all prior verbal or written commitments relating to the subject matter hereof. 

These GTC may be amended later; the version applicable to the Client’s order is the one in force on the date the Contract is concluded. 

ARTICLE 3 – CONTRACTUAL DOCUMENTS

The Contract consists of the following documents, which form an indivisible contractual whole:

• These General Terms and Conditions of Sale and its annexes;
• The General Terms and Conditions of Use of the Site and its annexes;
• The ANTO.INFO Privacy Policy. 

These contractual documents together constitute the access contract for the paid Services (hereinafter “Contract”) concluded between ANTO.INFO and the Client. 

ARTICLE 4 – DEFINITIONS

In these presents, each of the following terms must be understood in the strict sense given herein. 

Definitions appear in the annex to the Site’s General Terms and Conditions of Use.

ARTICLE 5 – DESCRIPTION OF PAID SERVICES

The Provider specializes in providing access to the Site, which allows Contributing Users to create Listings related to their events and publish them on the Site. 

The paid Services offered by ANTO.INFO are reserved for Contributing Users with a Contributor Account. These paid Services are distinct from the Services included within the subscription to the Terms and Conditions of Use by a User. 

The paid Services subscribed to by the Client allow the creation and publication of Listings by purchasing Listing credits under the conditions described below. Among the paid Services, ANTO.INFO offers Contributors a Subscription granting access to specific paid services described in Article 5.2. Among the paid Services, the Provider also offers the Client the creation and management of a fixed local telephone line under the conditions described in Article 5.3 below. 

5.1 Description of the Listing Credit Purchase Service

ANTO.INFO offers Listing credit packages to Clients, which they may purchase under the conditions described below to create and publish Listings on the Site and subscribe to various options to enhance the relevance and reach of their Listing. 

5.1.1 Creation of a Listing Using a Listing Credit

Using a Listing credit includes:
– Client’s creation of the Listing, providing necessary information in accordance with the ANTO.INFO Privacy Policy;
– Generation of text by the AI used by the Site;
– Generation of an audio Podcast, which may originate from:
• The AI used by the Site;
• An audio file provided by the Client or Invited User creating the Listing;
• A recording of the Client’s or Invited User’s own voice. 

5.1.2 Option to Add a Human-Voiced Audio Podcast

When creating or at any time before the end of publication, the Client may use an additional Listing credit to commission from ANTO.INFO an audio Podcast voiced by a human, presenting the event described in the Listing. For this service, ANTO.INFO engages professional third-party providers to whom Listing data are transmitted to produce the Podcast. 

ANTO.INFO undertakes to deliver this audio Podcast within three (3) business days from receipt of the order and necessary information. 

ANTO.INFO cannot be held responsible for delays attributable to the Client, such as late or incomplete provision of required information. 

5.1.3 Option to Add a Video Podcast

When creating or at any time before the end of publication on the Site, the Client may use an additional Listing credit to commission from ANTO.INFO a video Podcast presenting the event described in the Listing, in portrait format, as a dynamic AI-generated video. 

The video Podcast is produced by the AI used by the Site from:
– Photos provided by the Client or Invited User;
– Textual information entered when creating the Listing. 

These images are automatically animated by AI to generate mobile-standard audiovisual content. 

ANTO.INFO undertakes to deliver this video Podcast within three (3) business days from receipt of the order and necessary information. 

ANTO.INFO cannot be held responsible for delays attributable to the Client, such as late or incomplete provision of required information. 

5.2 Description of Services Included in the Subscription

ANTO.INFO offers a Subscription enabling the Client to benefit from the additional services described in this Article 5.2 to optimize the visibility and management of their Listings. 

Subscription grants the Client access to the following additional paid services:

• Creation of a personalized presentation page accessible to all Users and Visitors of the Site, including:
  
  • Detailed text description with photos if provided by the Client;
  • List of Listings published by the Client;
  • Direct URL links to the Client’s own website and/or their ticketing partner’s site for the events described in their Listings.
• Provision of a number of Listing credits expressly agreed between the Parties under the Subscription and specified in the detailed quote accepted by the Client;
• Provision of a plugin allowing the Client to automatically sync their Listings with their own website;
• Ability to download playlists of their audio Podcasts from Listings to distribute on listening platforms (Deezer, Spotify, Apple Podcasts, etc.).

5.3 Creation and Management of a Local Fixed Telephone Line

This service consists of creating, on behalf of the Client, a local fixed telephone number via a third-party provider, OVH. This number is intended for the Client’s communications to inform callers that their event schedule and related information can be viewed on the Site via their Listings.

ANTO.INFO offers to create for the Client a local fixed telephone number assigned by OVH, enabling the Client to promote their Listings by broadcasting Podcast playlists associated with their Listings on this local line. 

The Client acknowledges that use of the number is subject to OVH’s general terms of service, available on OVH’s website. It is the Client’s responsibility to review and comply with these terms. 

ARTICLE 6 – SUBSCRIPTION TO PAID SERVICES

The Client must accept the Site’s General Terms and Conditions of Use and become a Contributing User to subscribe to the paid Services described herein. 

Subscription procedures differ depending on whether it concerns purchase of Listing credit packages, a Subscription, or a fixed telephone line (hereinafter “Paid Services”). 

6.1 Ordering a Listing Credit Package

The Client confirms purchase of a Listing credit package as follows:

• Access the Site and log into their Account;
• Click “Buy a Package”;
• Select the desired Listing credit package;
• Review and, if necessary, correct any errors in the entered information;
• Acknowledge the GTC by checking “I declare that I have read and accept these GTC”;
• Click “Pay”;
• Be redirected to the PSP URL, choose payment method, follow PSP payment module instructions, enter required information, then be notified by ANTO.INFO of successful order validation. 

Purchase validation implies the Client’s express and unequivocal acceptance of the GTC.
The purchase of a Listing credit package by the Client is only deemed final by ANTO.INFO upon receipt of full payment for the selected package. 

6.2 Subscribing to a Subscription Plan

The Client subscribes by contacting ANTO.INFO, which will send a detailed quote. The quote, together with the GTC, constitutes an access contract proposal for the Subscription, by which the Client declares they have the authority to conclude and perform the contract. 

The proposal is valid for 90 calendar days from its issue or presentation date. After this period, ANTO.INFO is not bound by Client’s acceptance, prices may change, and a new quote will be issued. 

Subscription validation implies the Client’s express and unequivocal acceptance of the GTC.

Subscription is only deemed final by ANTO.INFO upon receipt of full payment for the agreed Subscription amount. 

6.3 Subscribing to the Fixed Telephone Line Service

The Client subscribes by contacting ANTO.INFO, which will send a detailed quote. The quote, together with the GTC, constitutes an access contract proposal for this Service, by which the Client declares they have the authority to conclude and perform the contract. 

The proposal is valid for 90 calendar days from its issue or presentation date. After this period, ANTO.INFO is not bound by Client’s acceptance, prices may change, and a new quote will be issued. 

Validation implies the Client’s express and unequivocal acceptance of the GTC. 

Subscription is only deemed final by ANTO.INFO upon receipt of full payment for this Service. 

6.4 Modification of Paid Service Subscription

Once validated as described above, the subscription to Paid Services is not modifiable unless accepted in writing by the Provider. 

6.5 Cancellation of Paid Service Subscription

Once validated as described above, the subscription to Paid Services cannot be canceled. 

ARTICLE 7 – PRICES OF PAID SERVICES

Prices are in Euros, excluding and including all taxes.

Paid Service amounts are subject to the VAT rate in force at subscription time. 

An invoice is issued by the PSP and sent to the Client for each payment for the paid Services described herein. 

Prices vary based on the Paid Service subscribed by the Client. 

7.1 Listing Credit Package Prices

Listing credit package prices are as follows:

7.2 Subscription Price

7.2.1 Initial Subscription Price

The Subscription access price is final and agreed within the detailed quote. 

It is expressly understood that the Subscription price cannot be predetermined due to technical specifics of the Services included and varied Client needs. Pricing conditions will be detailed in the quote. 

ANTO.INFO indicates that the quote price will be determined based on, but not limited to:

• Deployment of material and human resources for providing and maintaining the Subscription services;
• Client’s geographic location;
• Number of Listing credits agreed in the Subscription;
• Number of access rights granted to Invited Users.

7.2.2 Subscription Price Changes

The Provider may change the Subscription price, in which case it will send the Client an email to review and accept the new quote and GTC.

New GTC will apply from the Subscription renewal by tacit agreement. 

Client’s refusal of the new quote and GTC will terminate tacit renewal. 

7.3 Fixed Telephone Line Service Price

7.3.1 Initial Service Price

The access price for this Service is final and agreed within the detailed quote. 

It is expressly understood that the Service price cannot be predetermined due to technical specifics of providing the Service and varied Client needs. Pricing conditions will be detailed in the quote. 

ANTO.INFO indicates that the quote price will be determined based on, but not limited to:

• Deployment of resources for providing and maintaining the Service;
• Client’s geographic location;
• Cost of OVH services covered by ANTO.INFO.

7.3.2 Service Price Changes

The Provider may change this Service price, in which case it will send the Client an email to review and accept the new quote and GTC.
New GTC and pricing will apply from tacit renewal of this Service. 

Client’s refusal of the new quote and GTC will terminate tacit renewal. 

ARTICLE 8 – PAYMENT FOR PAID SERVICES

Payment terms differ based on the Paid Service subscribed by the Client. 

8.1 Payment for Listing Credit Packages

8.1.1 Payment Terms

Payments are only definitive upon final receipt by the Provider of sums due for the purchased packages. 

The Provider will not deliver the package if the Client fails to pay. 

Package price must be paid in full at the time of purchase. 

8.1.2 Payment Methods

Payment is made via methods offered by the PSP, which handles all payments securely. 

8.2 Payment for Subscription

8.2.1 Payment Terms

Payments are only definitive upon final receipt by the Provider of sums due for Subscription access. 

The Provider will not activate or will suspend Subscription if payment is declined, until regularization. 

8.2.2 Payment Methods

Payment for Subscription is via:
– SEPA direct debit;
– Bank transfer. 

8.2.3 Default of Payment

In case of total or partial payment default, the Provider may, after prior notice:
– Suspend access to the Client’s Account and all Paid Services until payment is regularized;
– Terminate the Subscription after an 8-day unheeded formal notice.

The Client remains liable for unpaid sums and the Provider may pursue collection. 

Upon Subscription termination for breach, paid sums remain with ANTO.INFO. No refund is due. 

Late payment incurs immediate interest at three times the legal rate between professionals, published semi-annually in the Official Journal, on all sums due, plus a fixed €40 recovery fee where applicable. 

Penalties are calculated on the VAT-inclusive invoice amount. Late payment triggers immediate due of sums without prejudice to other actions for damages. 

8.3 Payment for Fixed Telephone Line Service

8.3.1 Payment Terms

Price for this additional service is paid under the same terms as Subscription (Article 8.2.1). 

8.3.2 Payment Methods

Payment is via:
– SEPA direct debit;
– Bank transfer. 

8.3.3 Default of Payment

In case of payment default, the Provider may, after notice, terminate this Service after an 8-day unheeded formal notice. 

The Client remains liable for unpaid sums and the Provider may pursue collection. 

Upon termination for breach, paid sums remain with ANTO.INFO. No refund is due. 

Late payment incurs immediate interest at three times the legal rate between professionals, plus a fixed €40 recovery fee where applicable. 

Penalties are calculated on the VAT-inclusive invoice amount. Late payment triggers immediate due of sums without prejudice to other actions for damages. 

ARTICLE 9 – PROVIDER’S OBLIGATIONS

9.1 Provision of Access to Paid Services

The Provider undertakes to use its best efforts to provide the subscribed Paid Services in accordance with these stipulations. This is an obligation of means given the technical nature of the Services. 

To this end, the Provider will implement appropriate human and technical resources to ensure continuity of access, except in cases of:
– Malfunctions attributable to the Client’s IT system;
– Misuse by the Client or their staff;
– Client’s Internet connection failure;
– Any other external element beyond the Provider’s control. 

The Provider cannot be held responsible for temporary interruptions caused by such external elements. 

9.2 Corrective Maintenance of Paid Services

ANTO.INFO undertakes to provide corrective maintenance, intervening promptly in case of malfunction. The Client may report issues via provided contact methods. Response times vary by issue severity. 

ARTICLE 10 – CLIENT’S OBLIGATIONS

10.1 Payment for Services

The Client shall pay amounts due for subscribed Paid Services under the agreed terms. 

10.2 Information and Cooperation

The Client must appoint an Administrator responsible for:
– Managing Contributor Account credentials;
– Acting as primary contact for Paid Service usage;
– Managing access for Invited Users;
– Having authority to bind the Client legally. 

10.3 Proper Use of Paid Services

The Client shall use Paid Services in compliance with these presents and the Site’s Terms of Use, and applicable professional regulations. 

The Client acknowledges sole responsibility for Listing content and undertakes to publish only lawful, non-discriminatory content. Specifically, the Client shall:
– Not publish illicit, discriminatory, defamatory, false or public order-offending content;
– Not publish Listings unrelated to the Site’s purpose;
– Provide only data, texts, images, sounds or other materials for which they hold rights or authorizations;
– Not transmit third-party IP-protected content without authorization or content infringing privacy, image or honor rights. 

Paid Services are for the Client’s primary professional activity only; any improper use is prohibited. 

The Client is fully responsible for the Administrator and Invited Users. The Client must ensure only authorized persons access the Services, train them, and provide them a copy of these GTC. 

10.4 Security

The Client shall take necessary measures to secure their IT system and protect access to the Services, including:
– Implementing appropriate technical and organizational security measures;
– Ensuring their IT configuration meets Provider’s prerequisites;
– Creating a strong password per CNIL recommendations;
– The Client alone is responsible for any system vulnerabilities affecting Service use. 

The Client shall keep credentials confidential and refrain from sharing them with third parties. 

The Client shall provide accurate, complete and updated data on the Site and shall not store or process unrelated or unlawful data. 

ARTICLE 11 – DURATION OF PAID SERVICES

11.1 Duration of Listing Credits

Purchased Listing credits may be used indefinitely until exhausted. 

11.2 Duration of the Subscription

11.2.1 Initial Subscription Term

The Subscription takes effect upon validation of subscription and lasts for twelve (12) months. 

11.2.2 Renewal by Tacit Agreement

The Subscription automatically renews for a similar term unless terminated by either Party at least two months before expiry, by a method providing proof of date (registered letter, read receipt email, etc.). 

11.3 Duration of Fixed Telephone Line Service

11.3.1 Initial Term of the Service

This Service is subscribed from receipt of the signed quote and payment, for a term of twelve (12) months. 

11.3.2 Renewal by Tacit Agreement

The Service automatically renews for a similar term unless terminated by either Party at least two months before expiry, by a method providing proof of date. 

ARTICLE 12 – PROVIDER’S LIABILITY

The Provider guarantees compliance of Services and absence of hidden defects, excluding Client negligence. Liability is only for proven fault or negligence and limited to direct damages. 

The Provider is not liable for delays or failures due to Client events preventing Service provision. 

To assert rights, the Client must notify defects in writing within 15 calendar days of discovery or lose recourse. 

The Provider is not liable for disruptions due to external causes (Internet, Client systems, force majeure). 

No liability for temporary unavailability during corrective maintenance or misuse by Client or Invited Users. 

Liability excludes legal/contractual consequences of Client’s relations with listeners or Invited Users. 

If liability is retained, the guarantee is limited to the annual excl. VAT amount paid by the Client for Subscription access. 

ANTO.INFO acts as intermediary with OVH for the number. It is not liable for OVH or third-party failures. 

The Client is responsible for number use and must comply with laws, regulations and these GTC. 

Payment processing by the PSP is not the Provider’s responsibility. 

ARTICLE 13 – INTELLECTUAL PROPERTY

The Provider warrants ownership of Site copyrights and necessary rights for Service access. Use by the Client does not infringe third-party rights. 

The Provider retains all IP rights to the Site. No IP transfer occurs under the Contract. 

By subscribing, the Client obtains a personal, non-exclusive, non-transferable right to use Subscription services for its duration. 

The Client is expressly prohibited from:
– Reproducing or altering the Site or its documentation, or removing marks or copyright notices;
– Intervening on the Site for any reason (corrective maintenance is Provider’s responsibility);
– Modifying or circumventing any protection mechanism on the Site. 

The Provider retains IP rights to its logos, trademarks, designs, corporate name, and trade name. The Client may not reproduce or exploit these elements without express written permission, which may be subject to a fee. 

Certain paid Services include AI-generated text, audio or video content based on data provided by the Client or Invited Users. These contents are produced from Listing data.

The Client acknowledges and accepts that:
– Quality, compliance, and legality of AI-generated content depend solely on data provided;
– The Client must supply only royalty-free or authorized data;
– The Provider is not liable for IP infringements from Client-supplied elements. 

The Client is solely responsible for the use of generated content and must not infringe third-party IP, personality rights, or regulations.
In case of third-party claim concerning generated or distributed content, the Client will fully indemnify the Provider. 

ARTICLE 14 – PERSONAL DATA

All personal data processing under these presents is subject to ANTO.INFO’s Privacy Policy, which is integral hereto. 

By accepting these, the Client consents to data processing under the Privacy Policy’s terms and purposes. 

ARTICLE 15 – CLIENT’S ACCEPTANCE

These are expressly agreed and accepted by the Client upon subscribing to Paid Services, who declares full knowledge thereof and waives reliance on any conflicting documents, including its own purchase terms, which shall be unenforceable against the Provider. 

ARTICLE 16 – LANGUAGE AND APPLICABLE LAW

These General Terms and Conditions of Sale are governed by French law. 

The language of these presents is French. In case of translations for international distribution, only the French version prevails in case of conflict or divergence in interpretation. 

ARTICLE 17 – AMENDMENTS

These may be revised or amended at any time by the Provider. 

In case of amendment, new GTC apply to Contracts concluded after their effective date. 

ARTICLE 18 – DISPUTE RESOLUTION

All disputes concerning these GTC and related agreements, regarding validity, interpretation, execution, resolution, consequences and follow-up, shall be submitted to the Commercial Court of Perpignan.