• Registered Office: 183 bis Route de Vannes 44800 Saint-Herblain, France
• SIREN Number: 953 517 455 (a unique identification number assigned to each business in France)  [b][size=3]1. Purpose[/size][/b]The company MEETKAP (the "MEETKAP") commercializes a Platform, accessible in « Software as a Service » (SaaS) mode, which purpose is to record, transcribe, summarize and share all kinds of conversations taking place on a computer (the "Services") accessible at the following address: (the “Platform”).
The purpose of these general terms and conditions (the “General Terms and Conditions”) is to define the terms and conditions of the Services provided to the client (the “Client”) as well as to define the rights and obligations of the parties in this context.
The "Agreement" or “Customer Terms of Service” means these General Terms and Conditions and all materials referred or linked to in here.
They can be accessed and printed at any time via a direct link at the bottom of the Platform.
The General Terms and Conditions shall prevail over any other general or specific terms and conditions not expressly approved by MEETKAP.[b][size=3]2. Access to the Services[/size][/b]
The Services can be accessed by:
• any person having the full legal capacity to be bound by these General Terms and Conditions. Any person who does not have such full legal capacity may only access the Services with the agreement of their legal representative,
• any entity acting through a person having full legal capacity to contract for and on behalf of the entity.[b][size=3]3. Acceptance of the General Terms and Conditions[/size][/b]
The General Terms and Conditions are accepted by checking a checkbox in the registration form.
The acceptance can only be full and complete. Any acceptance with reservation is considered as null and void. The Client which does not accept to be bound by the General Terms and Conditions shall not use the Services.[b][size=3]4. Registration[/size][/b]
The Client shall fill in the registration form available on the Platform.
In any case, the Client shall provide all information marked as mandatory. Any incomplete registration will not be validated.
The registration automatically entails the opening of an account in the Client’s name (the "Account"), enabling them to use the Services in a format and according to the technical means that MEETKAP deems the most appropriate for providing the Services.
When available, the Client may, as account administrator, create several user accesses. The Client is solely responsible for the creation of these user accesses.
The Clients guarantees that all information they provide in the registration form is exact, up to date and sincere and is in no way misleading or dishonest. They agree to update this information in their Account in the event that any of it should change in order to continuously meet the above-mentioned criteria.
The Client is hereby informed and accepts that the information provided by them for the creation or update of their Account are binding upon confirmation and evidence of their identity.
The Client can access their Account by logging in to the Platform using their connection ID and password.
The Client is also responsible for keeping its connection ID and password confidential, as any access to the Platform with this ID and password are deemed to be made by the Client. The Client shall contact MEETKAP immediately, if they notice that their Account has been used without their knowledge. The Client acknowledges MEETKAP's right to take all measures it deems appropriate in a case such.
The Client agrees to use the Services themselves and not to allow any third party to use them on their behalf, unless accepting full responsibility for the consequences.[b][size=3]5. Purpose[/size][/b]
5.1. Description of the Services
MEETKAP grants to the Client, for the term specified in the article "Term of the Services, un subscription” a non-exclusive, personal and non-transferable license to use the Platform, in its existing version on the date hereof and in any future versions, in SaaS mode, for the sole purpose of providing the Services and for the Client and the selected users that the Client authorized to use the Solution.
The Services provided are specified on the Platform and include in particular:
• recording of all kinds of conversations which can take place on a computer (for example through a video conference solution),
• transcribing of such conversations: transcription from a vocal/video file to a conversation text,
• summarizing such conversations: selection of specific text passages in the conversation text, which allows to create a shortened video only with these specific text passages,
• the conversation text and the eventual shortened video are available on the Application and may be uploaded and/or shared through a link by the Client.
5.2. Hosting of the platform
MEETKAP undertakes to ensure, under the terms of an obligation of means, the hosting of the Account and any content published by the Client on their Account in accordance with professional practice and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.
In this context, MEETKAP undertakes to provide the Client with sufficient storage and processing capacity within the framework of the Services, in accordance with professional practice and the state of the art.
MEETKAP undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure security and access to the Services, relating to the protection and monitoring of infrastructures, the control of physical and/or intangible access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect servers from malicious acts.
MEETKAP also undertakes to take all useful precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent it from being distorted, damaged or accessed by unauthorized third parties.
5.3. Technical assistance
MEETKAP offers to the Client technical assistance accessible by any useful means (email, directly on the Platform or third-party video conference solution) enabling them to declare any difficulty encountered when using the Services.
5.4. Other Services
MEETKAP reserves the right to propose any other Service that it deems useful, in a format and according to the technical means that it deems the most appropriate for providing the said Service.[b][size=3]6. Service level agreement[/size][/b]
MEETKAP undertakes to ensure the permanence, continuity and quality of access and use of the Services.
In this respect, MEETKAP make its best efforts to maintain 24/7 access to its tools.
Due to the complexity of the Internet, the uneven capacity of the various sub-networks, the flow of users of the Services at certain times, and the various bottlenecks over which the MEETKAP has no control, MEETKAP's liability shall be limited to the operation of its servers, the outer limits of which are constituted by the connection points.
MEETKAP shall not be liable for (i) access speeds to its servers, (ii) slowdowns external to its servers, and (iii) poor transmissions due to a failure or malfunction of these networks.
The Client acknowledges and accepts that this service level guarantee does not cover any failure or interruption of the Services caused by telecoms operators or Internet access providers.
If necessary, MEETKAP reserves the right to limit or suspend access to the Services in order to carry out any scheduled maintenance operation. In this case, MEETKAP undertakes to inform the Client at least 24 hours in advance, by any useful means and in particular by a general information message on the homepage of the Platform . MEETKAP shall use its best efforts to ensure that such scheduled maintenance operations do not exceed 8 hours.
In the event of hardware and/or software failure of its equipment, MEETKAP undertakes to implement all necessary means to restore access to the Services as soon as possible and at its own expense. In all cases and in the event of a breakdown lasting more than 4 hours, appropriate back-up solutions will be implemented by MEETKAP within 5 hours of the occurrence of the interruption in order to ensure the continuity of the Services.
7. Term of the Services, unsubscription
The Services may be provided:
• in the form of a subscription (the "Subscription"), for a definite period,
• for an indefinite period if the Client does not take a Subscription.
7.1. Regarding the use for an indefinite period:
The Client may unsubscribe from the Services at any time, by sending a request to this effect to MEETKAP directly on the Platform or by email.
7.2. Regarding subscriptions:
The Subscriptions offered by MEETKAP are described on the Platform and may be:
• either a monthly subscription (“Monthly Subscription”), which starts on the day of its subscription for an initial period of one month (the “Initial Period”),
• or an annual subscription (“Annual Subscription”), which starts on the day of its subscription for an initial period of one year (the “Initial Period”).
The Subscription is then tacitly renewed for successive periods of the same term than the Initial Period (together with the Initial Period, the "Periods"), from date to date, unless terminated by the Client directly on the Platform or by email at the latest:
• at any time in case of Monthly Subscription. The termination will take effect at the end of the Period,
• 1 month before the end of a Period in case of Annual Subscription.
In any case: MEETKAP also reserves the right to:
• terminate the Subscription of a Client or their use of the Services at the latest 1 month before the end of a Period,
• close and delete any Account that remains inactive for a continuous period of 6 months.
The unsubscription is effective automatically and the Client won’t be able to access to the Services.
8. Financial Conditions
8.1. Price of the Services and terms of payment:
The price of the Services is specified on the Platform.
The invoices are available on the Platform.
Payment of the price is made by direct debit using the Client's bank card number .
The direct debit is implemented by the payment service provider indicated on the Platform, which alone retains the Client's bank details for this purpose. MEETKAP does not keep any bank details.
The price of the Services is due and is debited:
• in case of a Subscription: on the day the Subscription is taken out, then on at each renewal, from date to date,
• without any Subscription: at the end of each month from the first day of use of the Services, form date to date.
The Client guarantees MEETKAP that they have the necessary authorizations to use the chosen method of payment. The Client undertakes to take the necessary steps to ensure that the price can be debited automatically.
8.2. Payment delays and incidents:
The Client is hereby informed and expressly agrees that any payment delay of all or part of any payable amount due to MEETKAP at its due term shall automatically entail, without prejudice to the provisions of the article "Sanctions of breaches”, and from the day following the payment date indicated on the invoice:
1. the forfeiture of the term of all amounts payable by the Client and their immediate playability, regardless of the terms of payment that had been provided,
2. the immediate suspension of the Services and access to the Platform until full payment of all amounts due,
3. if the Client has the quality of professional for their use of the Services, invoicing of a late payment interest, for MEETKAP’s benefit, at the rate of 3 times the legal interest rate, calculated on the total of all amounts due by the Client in question and a flat indemnity of 40 euros as recovery fees, without prejudice of any further compensation in the event effective recovery fees should be higher than this amount.
9. Withdrawal right
The Client has a right of withdrawal, for a period of 14 calendar days from the date of the subscription or the use of the Services is the Client has the status of a consumer within the meaning of the French Consumer Code.
The Client may exercise this right by sending to MEETKAP any unambiguous statement expressing their desire to withdraw.
In case of exercising the right of withdrawal, MEETKAP shall reimburse the Client for all payments received from them, without undue delay and, in any event, no later than 14 days from the day MEETKAP has been informed of the Client's decision to withdraw. The refund shall be made using the same means of payment as that used for the initial transaction, unless the Client expressly agrees to a different means. In any event, this refund will not incur any costs for the Client.
If the Client has requested that the Services begin before the expiry of the withdrawal period, by ticking the box to this effect in their registration form, they may exercise their right of withdrawal within the period and in accordance with the methods described above. In this case, they will owe MEETKAP the price of the Services, calculated on a pro rata basis for the time elapsed until the communication of their withdrawal decision.
10. Agreement in relation to proof
The Client expressly acknowledges and accepts that:
1. data collected on the Platform and MEETKAP’s computer equipment attest to the reality of the transactions performed in the context of their contractual relations
2. this data is the main means of acceptable proof between the parties.
11. Obligations and guarantees of the Client
Without prejudice to other obligations provided for in the General Terms and Conditions, The Client undertakes to respect the following obligations:
• The Client agrees, in their use of the Services, to respect and abide by all laws and regulations in force and not to violate public order or infringe the rights of any third party.
• The Client acknowledges that they are aware of the characteristics and constraints of the Platform, in particular technical, of all the Services. They are solely responsible for their use of the Services, in particular regarding the obtention of the required authorization(s) for the recording of contents.
• The Client agrees to provide MEETKAP with all information necessary for the proper performance of the Services. More generally, the Client agrees to actively cooperate with MEETKAP with a view to ensuring the proper performance of the Services.
• The Client is solely responsible for the documents, elements, data, information and any content that they provide to MEETKAP in the context of the Services. The Client guarantees to MEETKAP that they are authorized to provide MEETKAP with these elements and that they have all the rights and authorizations necessary for their use in the context of the Services
• The Client undertakes to personally use the Services. Consequently, they undertake to refrain from assigning, conceding or transferring all or part of their rights or obligations hereunder to a third party, in any manner whatsoever.
• The Client is informed and accepts that the implementation of the Services requires that they shall be connected to the Internet and that the quality of the Services depends directly on this connection, for which they are solely responsible.
• The Client is solely responsible for the contents of whatever nature (editorial, graphic, audio, audiovisual or otherwise) that they display and/or record on the Platform (the "Content") and any consequences.
• The Client guarantees MEETKAP that they have all the necessary rights and authorizations for the recording of the Content. The Client agrees that the Content is legal, does not disrupt public order, is not contrary to accepted standards of public decency, does not infringe any third-party rights or legal provision and/or regulation, and, more generally, is in no way likely to bring the civil or criminal liability of MEETKAP into play.
The Client therefore agrees to refrain from recording, in particular, but not limited to Content that:
• is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, slanderous, or of a violent, racist, xenophobic or revisionist nature,
• is counterfeited,
• is detrimental to the image of any third party,
• is false, misleading or proposing or promoting unlawful, fraudulent or misleading activities,
• could harm a third party's computer system (such as viruses, worms, Trojan horses, etc.),
• is likely to infringe on the rights of others or cause harm to others in any manner or form
• The Client agrees to defend, indemnify and hold MEETKAP harmless from and against any claims, demands, actions and/or grievances whatsoever, that MEETKAP could incur as a result of a breach by the Client of any one of their obligations or guarantees under these General Terms and Conditions.
• The Client agrees to compensate MEETKAP for any prejudice that the latter could be subject to, and to pay any costs, liabilities, charges and/or convictions that the latter could incur, as a result of such a breach.
12. Prohibited behavior
It is strictly prohibited to use the Services to the following ends:
• Carrying out activities that are unlawful, fraudulent or infringe on the rights or the security of others,
• Violating public order or any local policy or laws,
• Hacking into the computer system of a third party or any activity aimed to harm, control, interfere or intercept all or part of a third party's computer system, violating its integrity or its security,
• Sending unsolicited emails and / or prospecting or commercial solicitation
• Tampering with the aim to improve referencing of another site,
• Using the Platform for the release of information or links to third party sites,
• Assisting or inciting, in any manner or form whatsoever, the carrying out of one or several of the actions or activities described above,
• And more generally, any action that uses the Services for any other purpose than that for which they were designed.
The Client is strictly prohibited from copying and/or using for their own purposes or those of a third party, the concept, technology or any other component of the Platform.
The following is also strictly prohibited:
1. any behavior that would interrupt, suspend, slow down or prevent continuity of the Services,
2. any hacking or attempts to hack into MEETKAP's IT systems,
3. any hijacking of the Platform's system resources,
4. any acts that would place a disproportionate load on the Platform's infrastructure,
5. any attempts to breach the Platform's security and authentication structures,
6. any acts that could infringe on the rights and financial, commercial and moral interests of MEETKAP or of the Client of its Platform and finally, more generally,
7. any breach of the General Terms and Conditions.
It is strictly prohibited to make money from, sell or concede all or part of one's access to the Services or to the Platform or to the information that is hosted and/or shared on the Platform.
13. Sanction for breaches
In the event of a breach by the Client of any of the provisions of the General Terms and Conditions or more generally of any infringement of any laws and regulations in force, MEETKAP reserves the right to take any measures it deems appropriate and in particular to:
1. suspend or prevent access to the Services for any the Client which has breached any provision or infringed any law or regulation, or who has participated in this breach or infringement,
2. delete all content related to said breach or the infringement, in total or part,
3. publish on the Platform any related informational message that MEETKAP deems useful,
4. take any appropriate measures and to commence and prosecute any legal proceedings,
5. inform, where appropriate, any relevant authorities, to cooperate with them and to provide them with all information that may be required for the investigation and the repression of illegal or illicit activities.
The Client is informed and accepts that any failure to fulfil their obligations may result, in addition to the consequences provided for above, in the immediate termination of their contractual relations with MEETKAP, by any written means.
14. Obligations and liability of MEETKAP
• MEETKAP agrees to provide the Services with diligence and in compliance with trade practice, specifying that they have an obligation to provide due care, which is expressly acknowledged and agreed by the Client.
• MEETKAP has no knowledge of the Content recorded by the Client within the framework of the Services, on which it does not perform any moderation, selection, verification or control of any kind and with respect to which it only acts as a hosting provider.
• Consequently, MEETKAP cannot be held responsible for Content. Content that is prejudicial to a third party may be notified to MEETKAP, which reserves the right to take the measures described in the article "Sanctions for breaches".
• MEETKAP undertakes to carry out regular checks in order to verify the operation and accessibility of the Platform. In this respect, MEETKAP reserves the right to temporarily interrupt access to the Platform for maintenance reasons. Likewise, the MEETKAP shall not be held liable for momentary difficulties or impossibilities in accessing the Platform due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks, as the Client is informed of the complexity of the global networks and the influx of Internet users at certain times of the day.
• The Services are provided by MEETKAP as is and without any guarantee of any kind, whether express or implicit. In particular, MEETKAP does not guarantee to the Client that the Services (i) which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) being standard and in no way proposed solely for the benefit of a given the Client according to their own personal constraints, will specifically meet their needs and expectations.
• In any event, the liability that may be incurred by MEETKAP under the General Terms and Conditions is expressly limited to the direct damage suffered by the Client.
15. Confidentiality
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party which it may receive which are expressly identified by the other party as confidential. As far as MEETKAP is concerned, the parties expressly agree that this obligation of confidentiality shall cover the personal data that it will be required to process for the Client within the framework of the Services.
All of this information is hereinafter referred to as "Confidential Information".
The party receiving Confidential Information undertakes not to disclose it without the prior consent of the other party for a period of 3 years from the end of the contractual relations. It may only transmit them to employees, collaborators, trainees or consultants if they are bound by the same obligation of confidentiality as provided for herein. This obligation does not extend to documents, elements, data and information:
1. of which the receiving party was already aware,
2. which were already public at the time of their communication or which would become public without breach of the General Terms and Conditions,
3. which would have been lawfully received from a third party,
4. the disclosure of which is required by judicial authorities, pursuant to laws and regulations or in order to establish a party's rights under the General Terms and Conditions.
16. Intellectual Property
The Platform, systems, software, structures, infrastructures, databases and content (text, images, graphics, music, logos, trademarks, databases, etc.) used by MEETKAP on the Platform, to the exclusion of the Contents which are the Client’s property, are protected by all intellectual property rights, or rights for the creators of databases, in force.
Any dismantling, decompilation, deciphering, extracting, reusing, copying and, more generally, any reproduction, representation, publishing or use of all or part of any these items, without MEETKAP's authorization, is strictly prohibited and could lead to prosecution.
17. Personal data
17.1 As data controller
MEETKAP has a personal data protection policy, the characteristics of which are explained in the document entitled "Privacy policy", which the Client is expressly invited to read. If you are in the EU or in California, MEETKAP also has a Data Processing Agreement which you explains how MEETKAP handles Client data. You can access it by clicking here.
Entry into force: 21/09/2021Last Updated: 22nd of March 2022
18. Authorization to disclose testimonials
For the term of their use of the Services, The Client hereby grants to MEETKAP the right to disclose the testimonials they publish on the Platform and/or website (the “Testimonials”) for purposes the promotion of the Services, on the following basis, the client:
- agrees to their Testimonials being published free of charge by MEETKAP, on the Platform and on any other French or foreign Internet sites published by any other companies with which MEETKAP has agreements,
- agrees to their Testimonials being translated into any language,
- acknowledges and agrees that the Testimonials may be subject to modifications especially concerning its scaling, format and cooler, as well as to alteration or deterioration of its quality depending on the technical constraints of the Platform.
19. Commercial references
The Parties expressly mutually authorize to quote and use a reproduction of their trademark or logo as reference, in particular during events, in their commercial documents, on the Platform and website, during the term of their contractual relation and 5 years after its expiry.
20. Subcontracting
Subject to the provisions of the article "personal data", MEETKAP reserves the right to use subcontractors to perform the Services. MEETKAP shall ensure that its subcontractors comply with the same contractual obligations as those to which it is subject under the General Terms and Conditions. MEETKAP shall in any event remain solely responsible to the Client for the proper performance of the Services.
21. Force majeure
Neither party may be held liable for a failure to perform its contractual obligations if this failure is due to an event beyond the Parties' control and constitutes force majeure, as defined in Article 1218 of the French Civil Code and the French case law.
By force majeure, the Parties also agree to understand the occurrence of the following events: strikes, terrorist activities, riots, insurrections, wars, government actions, epidemics, natural disasters or default attributable to a third-party telecommunications provider.
The prevented party shall inform the other party as soon as possible, indicating the nature of the case of force majeure.
If, as a result of a case of force majeure, the affected party is prevented from fulfilling only part of its contractual obligations, it shall remain liable for the fulfilment of the obligations not affected by the case of force majeure as well as its payment obligations.
As soon as the case of force majeure ceases, the prevented party must immediately inform the other party and resume performance of the affected obligations within a reasonable period of time.
22. Amendments
MEETKAP reserves the right to amend these General Terms and Conditions at any time and will notify the Client in writing (including by email) 40 calendar days at least before they come into effect.
The amended General Terms and Conditions are applicable at the renewal of the Subscription or at their entry into force if the Client did not take a Subscription.
The Client which does not accept these amendments shall terminate the contractual relations with MEETKAP in accordance with the terms set out in the article "Term of the Services, unsubscription".
The Client which continues to use the Services after the entry into force of the amended General Terms and Conditions shall be deemed to have accepted these amendments.
22. Language
In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be English in the event of any contradiction or dispute concerning the meaning of any one of their terms or provisions.
24. Law and Jurisdiction
These General Terms and Conditions are governed by French law.
Unless the Client is considered as a consumer according to the French consumer code, any dispute that may arise in connection with its validity, interpretation or execution shall be subject to the exclusive jurisdiction of the Commercial Court of Paris (France), unless mandatory procedural rules to the contrary exist.