GENERAL TERMS AND CONDITIONS
Disclaimer: This document is an English translation of the original French text for informational and convenience purposes only. In case of any discrepancies, contradictions, or differences in interpretation between this translation and the original French version, the French version shall prevail as the official and legally binding document.
1. Company Identification
The company PLAYABILITY ("PlayAbility") is a simplified joint-stock company registered in the RCS of Bobigny under the number 978 633 964, with its registered office and establishment located at 95 Avenue du Président Wilson – 93100 MONTREUIL.
PlayAbility can be contacted at the following details:
2. Services Offered
PlayAbility offers its customers (the "Clients") downloadable software for computers (the "Software") that enables playing video games on certain devices/platforms (specified on the website) using a virtual controller generated by the Software. This aims to replace the traditional controller, primarily for people with disabilities (the "Services").
3. Information on General Terms and Conditions
Function of the General Terms and Conditions
The general terms and conditions (the "General Terms and Conditions") constitute the sole document governing the contractual relationship between PlayAbility and the Client and define:
- The modalities of using its Services,
- The respective obligations of the parties.
Location of the General Terms and Conditions
The Client can find them through a direct link at the bottom of the website (https://www.playability.gg).
Acceptance Terms of the General Terms and Conditions
The Client accepts the General Terms and Conditions by ticking a box in the registration form. If they do not accept all the General Terms and Conditions, they cannot access the Services.
4. Interface with the General Conditions of the Payment Service Provider
All payments made through the Software are managed by the indicated payment service provider on the Software (the "Payment Service Provider").
The Client directly contracts with the Payment Service Provider regarding the implementation of these payments, by accepting its general terms and conditions, via a checkbox on the Software.
If the Payment Service Provider refuses or terminates the Client's subscription, the Client cannot/can no longer use the Services. Conversely, the end of the contractual relations between the Client and PlayAbility results in the termination of the Client's contract with the Payment Service Provider.
In case of contradiction between the general terms and conditions of the Payment Service Provider and the General Terms and Conditions, the latter prevail.
The Client expressly mandates PlayAbility to transmit to the Payment Service Provider all their instructions related to the payments made on the Software.
5. Terms of Access to Services
- The Client is a natural person with full legal capacity, or alternatively, the Client is at least 13 years old and has obtained the consent of their legal representative. The Client commits to providing PlayAbility with the email address of their representative so that PlayAbility can contact them.
- The Client is considered a consumer, defined as any natural person acting for purposes outside of their professional activity.
6. Modalities of Access and Subscription to Services
To benefit from the Services, the Client must have a computer with the Windows operating system to download the Software. The Services are incompatible with any other operating system.
To access the Services as described in the "Description of Services" section, the Client may either:
- Register by downloading the Software and purchasing a "supporter pack" ("Supporter Pack") to enjoy privileged access to the beta version of the Software and a special status. The content and terms of the Supporter Pack are described on the Site; or
- Register for free in the Beta Testers program (by contacting PlayAbility via email), which then provides access to download the Software. PlayAbility reserves the right to refuse free registration to the Beta Testers program if the Client does not meet the conditions described in the "Terms of Access to Services" section or for any other reason, without having to provide justifications.
Once the Software is downloaded, the Client can access additional Services by subscribing to a subscription ("Subscription"), under the terms described in the "Duration of Subscription to Services" section.
The Client must provide PlayAbility with all the information marked as mandatory in the form to subscribe to the Services.
Registration automatically results in the opening of an account in the Client's name ("Account") which allows them to access the Services using their login credentials.
7. Description of Services
7.1 The Services
Before any subscription, the Client acknowledges that they can review on the Software or on the Site the characteristics of the Services and their constraints, especially technical ones.
The Client acknowledges that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which PlayAbility is not responsible.
The Services offered by PlayAbility are described on the Site. PlayAbility reserves the right to offer any other Service.
The Client particularly has access to the following Services:
7.1.a Free Services
The free Services allow, by downloading the Beta version of the Software, to play video games using a virtual controller intended to replace the traditional controller. This controller is powered by facial expressions, voice, and head or body movements using artificial intelligence.
7.1.b Services Included in the Supporter Pack
In addition to the free Services, the Client has the opportunity to enjoy special benefits and a privileged status within the PlayAbility community by purchasing a Supporter Pack. The advantages it offers to the Client are detailed on the Site.
7.1.c Services Included in the Subscription
The Services included in the Subscription to which the Client has subscribed are described on the Site.
7.2 Additional Services
The Client benefits from maintenance, including corrective and evolutionary, during the duration of the Services. In this context, access to the Software may be limited or suspended.
Regarding corrective maintenance, PlayAbility makes its best efforts to provide the Client with corrective maintenance to correct any dysfunction or bug found in the Software.
Regarding Evolutionary Maintenance
During the duration of the Services, the Client benefits from evolutionary maintenance, which PlayAbility may perform automatically and without prior notification. This includes improvements to the Software's features, the addition of new functionalities, and/or technical installations used within the Software (aiming to introduce minor or major extensions).
Updates are carried out throughout the duration of these terms.
The Client must agree to install necessary updates so that the Services remain compliant, meaning that the Services can continue to be used in accordance with what was agreed between the parties and what the Client expected at the time of subscription. Otherwise, the functionality of the Software may be partially or completely unusable.
Access to the Software may also be limited or suspended for planned maintenance reasons, which may include the aforementioned corrective and evolutionary maintenance operations.
7.2.2 Technical Assistance
In case of difficulty encountered while using the Services, the Client can contact PlayAbility at the coordinates mentioned in the "Company Identification" section.
The technical assistance service is available Monday to Friday, excluding public holidays, from 8 am to 6 pm. Depending on the identified need, PlayAbility will estimate the response time and keep the Client informed.
8. Duration of Subscription to Services
8.1 For Free Services and those Included in Supporter Packs
The Client has an "on-premise" usage license on the Beta version of the Software, granted for the duration of the copyright.
This usage license concerns only the latest version downloaded.
8.2 For Services Included in the Subscription
When the Client subscribes to the Services included in the Subscription, it begins on the day of subscription for an initial period indicated on the Software.
The Subscription is tacitly renewed for successive periods of the same duration as the initial period (with the initial period, the "Periods"), from date to date, unless the Subscription is terminated under the conditions of the "End of Services" section.
According to Article L215-1 of the Consumer Code:"For service contracts concluded for a fixed term with an automatic renewal clause, the service provider informs the consumer in writing, by personalized letter or dedicated email, at the earliest three months and at the latest one month before the end of the period allowing the rejection of the renewal, of the possibility of not renewing the contract that he has concluded with an automatic renewal clause. This information, delivered in clear and understandable terms, mentions, in a visible frame, the deadline for non-renewal.If this information has not been sent to him in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge, at any time from the date of renewal.Advances made after the last date of renewal or, for indefinite duration contracts, after the date of transformation of the initial fixed-term contract, are in this case reimbursed within thirty days from the date of termination, after deducting the sums corresponding, until then, to the execution of the contract. The provisions of this article apply without prejudice to those which legally subject certain contracts to specific rules concerning consumer information."
9. Financial Conditions of PlayAbility
9.1 Price of Services
The prices of the Services are as follows:
9.1.a Free Services
The Services are provided without financial consideration in the free version of the Beta Software.
9.1.b Services Included in the Supporter Pack
The prices of the Supporter Packs are detailed on the Site.
9.1.c Services Included in the Subscription
The price of the Subscription to which the Client has subscribed is indicated on the Software.
Any started Period is due in its entirety.
PlayAbility's prices may be revised at any time under the conditions of the "Modification of General Terms and Conditions" section.
PlayAbility is free to offer promotional deals or price reductions.
9.2 Billing and Payment Modalities of PlayAbility
For Clients who have subscribed to the Subscription, PlayAbility issues an invoice per Period by any useful means.
For Clients who have purchased a Supporter Pack, PlayAbility issues an invoice by any useful means.Payment Methods
Payment can be made:
- by monthly automatic debit starting from the subscription to the Subscription.
- by credit card through the secure online payment service provider.
The Client guarantees to PlayAbility that they have the necessary authorizations to use this payment method.
9.3 Consequences of Late or Non-Payment
In case of default or delay in payment, PlayAbility reserves the right, from the day following the due date on the invoice, to immediately suspend the ongoing Services until the full amount owed is paid.
10. Client's Right of Withdrawal
10.1 For Free Services and those Included in Supporter Packs
The Client has a right of withdrawal.
This right of withdrawal is 14 calendar days from the acceptance of the General Terms and Conditions. The Client may exercise this right for free by sending to PlayAbility before the end of the deadline at the coordinates mentioned in the "Company Identification" section:
- the completed withdrawal form available in Annex 1,
- or any other unambiguous statement expressing the Client's wish to withdraw.
If the Client exercises their right of withdrawal, PlayAbility will refund all payments received, using the same means of payment that the Client used (unless they expressly accept a different one), without undue delay and no later than 14 calendar days from the day PlayAbility was informed of the Client's wish to withdraw.
If the Client requests that the Services begin before the expiration of the withdrawal period, by ticking the appropriate box on the form, they are only liable for the price of the Services calculated pro rata for the duration elapsed until the day PlayAbility was informed of the Client's wish to withdraw.
10.2 For Services Included in the Subscription
The Client does not have the right of withdrawal once the Services involve the supply of digital content not provided on a tangible medium and the Client has expressly (i) agreed that the Services begin upon their acceptance of the General Terms and Conditions and (ii) waived their right of withdrawal.
11. Legal Guarantee of Conformity
The consumer is entitled to the implementation of the legal guarantee of conformity in case a conformity defect appears during the contractual relationship between the parties. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all necessary updates to maintain the conformity of the digital content or digital service during the contractual relationship between the parties.
The legal guarantee of conformity gives the consumer the right to the conformity of the digital content or digital service without undue delay following their request, free of charge and without major inconvenience to them.
The consumer can obtain a price reduction while keeping the digital content or digital service, or they can terminate the contract and get a full refund against the renunciation of the digital content or digital service, if:
- The professional refuses to bring the digital content or digital service into conformity,
- The conformity of the digital content or digital service is unjustifiably delayed,
- The conformity of the digital content or digital service cannot occur without costs imposed on the consumer,
- The conformity of the digital content or digital service causes major inconvenience for the consumer,
- The non-conformity of the digital content or digital service persists despite the professional's unsuccessful attempt to conform it.
The consumer also has the right to a price reduction or to terminate the contract when the conformity defect is so serious that it justifies the immediate price reduction or contract termination. The consumer is then not required to request the conformity of the digital content or digital service beforehand.
In cases where the conformity defect is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for its conformity suspends the warranty that remained until the provision of the digital content or digital service in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the consumer code.
A professional who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 242-18-1 of the consumer code).
The consumer also benefits from the legal guarantee against hidden defects under articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee entitles them to a price reduction if the digital content or digital service is kept, or a full refund against renunciation of the digital content or digital service.
12. Intellectual Property Rights
12.1 Intellectual Property Rights on the Software
The Software is the property of PlayAbility, as are the infrastructures, databases, and content of all kinds (texts, images, visuals, music, logos, brands, etc.) that it operates. They are protected by all applicable intellectual property rights or rights of database producers. The license granted by PlayAbility to the Client does not entail any transfer of ownership.
Within the framework of the Free Services and those included in the Supporter packs, the Client benefits from a non-exclusive, personal, and non-transferable "on-premise" license to use the Software for the duration provided in the "Duration of Subscription to Services" section.
For Services included in the Subscription, the Client benefits from a non-exclusive, personal, and non-transferable SaaS mode license to use the Software for the duration provided in the "Duration of Subscription to Services" section.
12.2 Intellectual Property Rights on Contents and Testimonials
By subscribing to the Services, the Client acknowledges that the contents of all kinds published on the Software (the "Contents") are distributed in a spirit of community exchange.
The Client may also provide testimonials about their use of the Services.
Consequently, the Client consents to PlayAbility:
- Distributing the Contents and testimonials free of charge on the Software, on the Site, and on all other French or foreign websites, published by any companies with which PlayAbility has agreements, by any means and on any medium, for the purpose of promoting the Software,
- Translating the Contents and testimonials into all languages,
- Modifying (including framing, formatting, and colors) and/or adapting the Contents and testimonials (including to the technical constraints of the Software (alterations or degradations in their quality).
12.3 Cases of Use of Client's Personality Rights (Image, Name, and Voice) by PlayAbility
The Client authorizes PlayAbility to use, free of charge, the image associated with their Account as well as their name and voice captured in video testimonials made by PlayAbility to promote its Services, by any means and on any medium, worldwide and for the duration of the subscription to its Services.
13. Client Obligations and Liability
13.1 Regarding the Provision of Information
The Client undertakes to provide PlayAbility with all the necessary information for the subscription and use of the Services.
13.2 Regarding the Client's Account
- Guarantees that the information transmitted in the form is accurate and undertakes to update it,
- Acknowledges that this information is proof of their identity and binds them upon validation,
- Is responsible for maintaining the confidentiality and security of their username and password. Any access to the Software using these is deemed to be made by them.
The Client must immediately contact PlayAbility at the coordinates mentioned in the "Company Identification" section if they notice that their Account has been used without their knowledge. They acknowledge that PlayAbility will have the right to take all appropriate measures in such a case.
13.3 Regarding the Use of Services
The Client is responsible for their use of the Services and any information they share in this context. They undertake to use the Services personally and not to allow any third party to use them in their place or on their behalf.
The Client is prohibited from diverting the Services for purposes other than those for which they were designed, particularly for:
- Engaging in illegal or fraudulent activity,
- Violating public order and good morals,
- Infringing upon third parties or their rights in any way,
- Violating a contractual, legislative, or regulatory provision,
- Engaging in any activity likely to interfere with a third party's computer system, particularly with the intent to violate its integrity or security,
- Undertaking maneuvers aimed at promoting their services and/or sites or those of a third party,
- Assisting or inciting a third party to commit one or several acts or activities listed above,
The Client is also prohibited from:
- Copying, modifying, or diverting any element belonging to PlayAbility or any concept it operates within the Services,
- Adopting any behavior likely to interfere with or divert PlayAbility's computer systems or infringe upon its computer security measures,
- Damaging PlayAbility's financial, commercial, or moral rights and interests.
Marketing, Transferring, or Providing Access to Services
The Client is prohibited from commercializing, transferring, or giving access in any manner to the Services, the information hosted on the Software, or any element belonging to PlayAbility.
The Client is responsible for the Contents of all kinds that they disseminate within the framework of the Services.
The Client accepts that the Contents published on the Software are by default made public and may be viewed by other users of the Software.
The Client is forbidden from disseminating any Content (this list is not exhaustive) that:
- Violates public order and good morals (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic, or revisionist),
- Infringes on the rights of third parties (counterfeiting content, infringement of personality rights, etc.) and more generally violates any contractual, legislative, or regulatory provision,
- Is harmful to third parties in any way,
- Is misleading, deceptive, or proposes or promotes illicit, fraudulent, or deceptive activities,
- Is harmful to third parties' computer systems.
The Client is responsible for the relationships they may establish with other users of the Software. They commit to act with discernment and respect the usual rules of politeness and courtesy in their exchanges with other users.
The Client indemnifies PlayAbility against any claim and/or action that may be exercised against them following the violation of one of the Client's obligations. The Client will compensate PlayAbility for any suffered damage and reimburse it for all sums it may have to bear as a result.
14. Obligations and Liability of PlayAbility
PlayAbility commits to providing the Services diligently, being understood that it is subject to an obligation of means.
PlayAbility commits to respecting the current regulations.
14.1 Regarding the Quality of Services
PlayAbility makes its best efforts to provide the Client with quality Services.
To this end, it regularly conducts checks to verify the functioning and accessibility of its Services and can thus carry out maintenance under the conditions specified in the "Maintenance" section.
However, PlayAbility is not responsible for temporary difficulties or impossibilities in accessing its Services that originate from:
- Circumstances external to its network (including partial or total failure of the Client's servers),
- Failure of equipment, cabling, services, or networks not included in its Services or not under its responsibility, Interruption of Services by telecom operators or internet service providers,
- Client intervention, particularly through a poor configuration applied on the Services,
- A case of force majeure.
PlayAbility is responsible for the functioning of its servers, the external limits of which are constituted by the connection points.
Furthermore, it does not guarantee that the Services:
- Subject to constant research to improve, including performance and progress, will be completely free of errors, vices, or defects,
- Being standard and not offered according to the personal constraints of the Client, will specifically meet their needs and expectations.
14.2 Regarding the Service Level Guarantee of the Software
PlayAbility does not offer any service level guarantee for the Software.
However, PlayAbility makes its best efforts to maintain access to the Software 24/7 except in the case of planned maintenance under the conditions defined in the "Maintenance" section or force majeure.
14.3 Regarding Data Backup on the Software
In the free version of the Software and in the version included in the Supporter packs, the Software is "on-premise". PlayAbility does not host or back up users' configurations on the Software; the Client is solely responsible for backing up data on their computer.
PlayAbility makes its best efforts to back up the data produced and/or entered by/on the Software for the functionalities included in the Subscription.
Except in the case of proven faults on the part of PlayAbility, it is not responsible for any data loss during maintenance operations.
14.4 Regarding Storage and Data Security within the Framework of the Subscription
PlayAbility provides sufficient storage capacities for the operation of the Services.
PlayAbility makes its best efforts to ensure data security by implementing measures to protect infrastructures and the Software, detect and prevent malicious acts, and recover data.
14.5 Regarding the Publication of Contents
PlayAbility acts as a hosting provider for the Contents uploaded by the Client. Consequently, it is not responsible for these Contents.
If PlayAbility receives a notification regarding illegal Content, it will act promptly to remove it or make its access impossible, and may take measures as described in the "Sanctions in Case of Breach" section.
14.6 Regarding Subcontracting and Assignment
PlayAbility may use subcontractors in the execution of the Services, who are subject to the same obligations as its own in the context of their intervention. However, PlayAbility remains solely responsible for the proper execution
PlayAbility may substitute any person who will be subrogated in all its rights and obligations under its contractual relationship with the Client. If applicable, it will inform the Client of this substitution by any written means.
15. Limitation of PlayAbility's Liability
PlayAbility's liability is limited to the direct damages proven to be suffered by the Client due to the use of the Services.
16. Admissible Modes of Proof
Evidence can be established by any means.
The Client is informed that messages exchanged via the Software as well as data collected on it and PlayAbility's computer equipment constitute one of the admissible modes of proof, particularly to demonstrate the reality of the Services performed and the calculation of their price.
17. Data Processing Modalities
PlayAbility commits to complying with all legal and regulatory obligations incumbent upon it in terms of personal data protection, particularly Law No. 78-17 of January 6, 1978, in its latest amended version, known as the Data Processing and Liberties Law, and EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the GDPR.
18. Force Majeure
The parties cannot be held responsible for failures or delays in the execution of their contractual obligations due to a case of force majeure occurring during the duration of their relationship, as defined in Article 1218 of the Civil Code.
If one of the parties is prevented from executing its obligations due to force majeure, it must inform the other party by registered letter with acknowledgment of receipt.
The obligations are suspended upon receipt of the letter and must be resumed within a reasonable time after the cessation of the force majeure.
The hindered party remains obligated to execute the obligations not affected by a case of force majeure and any payment obligation.
19. End of Services
For Services Included in the Subscription
The Subscription can be terminated at any time by:
- The Client, directly and free of charge through the functionality provided for this purpose on the Software, via their Account, or by email,
- PlayAbility, by sending an email to the Client.
Any started Period is due in its entirety.
20. Sanctions in Case of Breach
Essential obligations towards the Client ("Essential Obligations") include:
- Payment of the price,
- Not providing erroneous or incomplete information to PlayAbility,
- Respecting the usual rules of politeness and courtesy in exchanges with PlayAbility and other users of the Software,
- Not using the Services for a third party,
In case of breach of any of these Essential Obligations, PlayAbility may:
- Suspend or delete the Client's access to the Services,
- Delete any Content linked to the breach,
- Publish on the Software any informational message that PlayAbility deems useful,
- Alert any competent authority, cooperate with it and provide all useful information for the investigation and repression of illegal or illicit activities,
- Initiate any legal action.
These sanctions are without prejudice to any damages and interests that PlayAbility could claim from the Client.
In Case of Breach of Non-Essential Obligations
In case of breach of any obligation other than an Essential Obligation, PlayAbility will request, through any useful written means, that the Client remedies the breach within a maximum of 15 calendar days. The Services will end at the conclusion of this period if the breach is not rectified.
The end of the Services results in the deletion of the Client's Account.
21. Modification of the General Terms and Conditions
PlayAbility may modify its General Terms and Conditions at any time and will inform the Client by any written means (including email) at least 30 calendar days before they take effect.The modified General Terms and Conditions are applicable as soon as they take effect.
For Services included in the Subscription, if the Client does not accept these modifications, they must terminate their Subscription according to the modalities provided in the "End of Services" section.
If the Client uses the Services included in the Subscription after the entry into force of the modified General Terms and Conditions, PlayAbility considers that the Client has accepted them.
The French language prevails in case of contradiction or dispute over the meaning of a term or provision.
23. Registration on the List of Opposition to Telephone Solicitation
In accordance with Law No. 2014-344 of March 17, 2014, the Client is informed that, as a consumer within the meaning of the consumer code, they have the option to register for free on the BLOCTEL telephone solicitation opposition list (www.bloctel.gouv.fr) to no longer be telephonically solicited by a professional with whom they do not have an ongoing contractual relationship.
In case of a dispute between the Client and PlayAbility, the Client can resort to the following consumer mediator for an amicable resolution:
Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Phone: 01 89 47 00 14
If the Client is a foreign consumer but located in the European Union, they can visit the European platform for the resolution of consumer law disputes accessible here.
25. Applicable Law
The General Terms and Conditions are governed by French law.