General Terms and Conditions of Use/Sales of the Celestory Creator
Article 1 – Purpose of these general conditions
The purpose of these general conditions is to specify the conditions under which Celestory grants the USER a right to use the Celestory Creator and ensures its maintenance. These terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by Celestory. Celestory reserves the right to modify its general terms and conditions of sale at any time without notice: the applicable conditions will be those in force on the date of the order by the USER.
Article 2 – Use of the Celestory Creator
Celestory is intended for experienced users wishing to design, prototype, preview and estimate the cost of developing their interactive scenario application according to one of the 3 application models: chatbot, narrative game or interactive media. Its use is completely free of charge in this case. Any generation of the final code of the application necessarily involves sending the Project Archive to the Celestory generation server via the “Export my app” button of the Celestory Creator software. The Celestory Creator also allows you to export the Project Archive via the “Export Project” button in the Model Settings menu to send it to Celestory for service. The export of the Project Archive can also be used to save the content of an application project and resume its creation on another workstation by another user. Any other use, generation or extraction of the code from the project application and/or software is not permitted.
Article 3 – Right of use
Celestory grants the USER a personal and non-exclusive right to use the Celestory Creator software for its own needs, as well as those of its organization. Celestory also grants the USER a personal and non-exclusive right to use the documentation (such as instructions for use, application project and artistic demonstration resources, etc.) accessible via the Celestory Creator software. It is strictly forbidden to trade them.
Article 4 – Prices and payment terms
Designing, prototyping, previewing and estimating the cost of its application via one of Celestory’s models is free. In return for the Celestory Creator software license, the USER undertakes to pay the indicated price of the cost calculator via the “Export my app” button if he wishes to transform his project into a real application. Payment will be made by credit card upon receipt of the order. The USER only has the right to use his application project and will not own his media until full payment of the usage fee. By validating his order, the USER declares that he accepts without reservation the terms of his order as well as all the present general terms and conditions of sale and declares that he has the capacity to conclude a contract with the seller.
The prices shown on the Celestory Creator software application generation cost estimator are understood to include all taxes (VAT + other applicable taxes). Celestory reserves the right to modify its prices at any time: products and services are invoiced on the basis of the prices in force at the time of validation of the order subject to availability.
The USER who wishes to purchase the online generation of the final application resulting from his application project via the Celestory Creator software must follow the online ordering process which includes an identification phase, a verification and validation phase of the selected products and services, a payment phase under the conditions provided and an order confirmation and payment phase. The confirmation of the order implies the acceptance of these terms and conditions of sale, the acknowledgement of having full knowledge of them and the waiver of the right to invoke its own terms and conditions of purchase or other conditions. All the data provided as well as the recorded confirmation will be worth proof of the transaction. Celestory will send by e-mail confirmation of the recorded order, which will constitute acceptance of the order, as well as the download link for the USER to recover his application. This link will be valid and guaranteed by Celestory for 2 weeks following the generation of its application.
There is no right of withdrawal once the application has been generated and sent to the USER.
Article 5 – Warranty and Maintenance
Celestory guarantees the proper functioning of the final application generated via the Celestory Creator at the time of its receipt. However, the functioning of the end application is neither guaranteed nor maintained over time.
Celestory does not guarantee the proper functioning of the Celestory Creator but strives to prevent any bugs that prevent its normal use. Celestory does not guarantee the integrity of Application Projects over time, regardless of the model used. It is the user’s responsibility to make regular backups of his Application Project via the Backup button or the Export Project button in the Project Settings menu.
Article 6 – Termination
6.1 By SUPPLIER
Celestory reserves the right to unilaterally and automatically terminate the user license and the right to the service of generating the application, without prejudice to any damages in the following cases:
legal redress or liquidation of the USER, subject to the conditions provided for by the law of 25 January 1985,
copyright infringement in the application project
In the event of termination, the USER undertakes to uninstall the PROGICIAL on each workstation.
6.2 By the USER
The USER may terminate this license right by uninstalling the Celestory Creator software and removing all application projects created with the Celestory Creator software.
Article 7 – Sub-licensing
The USER may only use the Celestory Creator software for his own purposes. As such, it is prohibited to invoice the generation of an application that it would not have created for a third party. The USER may not grant, even free of charge, the right of use to third parties.
Translated with www.DeepL.com/Translator
Article 8 – Ownership
The Celestory Creator software and its documentation referred to in Article 3, as well as any copy, remain the exclusive property of Celestory, which reserves the status of author in accordance with the provisions of the Intellectual Property Code. Celestory Creator software may not be assigned, contributed or transferred without Celestory’s consent. Celestory guarantees the USER against any infringement proceedings brought against it, provided however that it is notified in writing and as soon as possible by the USER and that the Celestory Creator software has not been modified by the USER. The license granted by Celestory gives the USER the right to use Celestory Creator software owned by Celestory, which implies that :
The USER undertakes to use this Celestory Creator software only for his own needs. It undertakes not to provide the SOFTWARE in any form whatsoever or to make it available to anyone except its employees,
The USER undertakes not to develop or market the Celestory Creator software or products that may compete with it,
Celestory grants the USER, on a personal, non-transferable and non-exclusive basis, the right to use the Celestory Creator software, up to a maximum of 5 workstations per application creation project.
The USER may not modify the Celestory Creator software or adapt it without Celestory’s prior express written authorization.
The USER may not correct errors affecting the Celestory Creator software, the parties expressly agree to reserve this correction for Celestory.
Article 9 – Non-transferability
It is expressly agreed that the rights granted by Celestory may not be transferred to a third party by the USER. The rights of use are not transferable, even in the event of a transfer of the land, a management lease, a merger or any other transaction at the end of which the USER’s rights would be transferred to a third party.
Article 10 – Material
The Licensee is responsible for the proper functioning of the equipment and the conformity of its environment with the manufacturer’s specifications. The use of Celestory Creator software on the hardware shall in no event involve Celestory’s liability in the event of damage to the hardware or sudden loss of data.
Article 11 – Backup copy
The USER may only make backup copies of his application project that are necessary for his operation, for security reasons. These copies will remain the property of Celestory and must be the subject of an inventory accessible to Celestory.
Article 13 – Disclosure
The Celestory Creator software is part of Celestory’s trade secrets and know-how and shall be considered by the USER as confidential information, whether or not it may be protected by intellectual property rights, patents, copyrights, or in any other way.
As such, the USER agrees not to communicate the Celestory Creator software in its source or executable versions as well as the programs and other elements (documentation, etc.) constituting all or part of the software package. The USER also undertakes to take all necessary measures to ensure that the Celestory Creator software and its documentation are not made available to third parties and undertakes that its collaborators or staff respect these obligations and Celestory’s copyright. The USER undertakes to take all necessary precautions to avoid disclosure or reproduction or unlawful use by its staff and service providers, in particular by having them sign a personal confidentiality agreement. The USER is prohibited from using the specifications of the Celestory Creator software to create or allow the creation of a program with the same destination.
By express agreement, the SUPPLIER is authorised to check at any time that these obligations have been met. In the event that the USER does not comply with the obligations mentioned in this article, Celestory reserves the right to claim damages from the USER.
Article 14 – Amendments
The USER undertakes not to make any modification to the elements provided by Celestory, without the prior written consent of Celestory. Non-compliance: with this clause deprives the USER of the benefit of the warranty and maintenance without the USER being able to claim any compensation as a result.
Article 15 – Liability
Celestory is subject to an obligation of means, to the exclusion of all others. It ensures that the Celestory Creator software complies with the specifications described in its documentation. The USER assumes all responsibilities other than that of compliance of the Celestory Creator software with the specifications and in particular those concerning:
the adequacy of the Celestory Creator software to its needs,
the use of the Celestory Creator software,
the qualification and competence of its staff.
The USER is also responsible for the protection of the recorded data and the repair of the databases, the results obtained, the compliance of the use of the Celestory Creator software with the legislation and in particular the declarations to the National Commission for Information Technology and Liberties (CNIL) relating to the computerized processing of personal data. Celestory declines all responsibility in the event of non-compliance of the Celestory Creator software with the regulations in force during a given period if the maintenance services are not ordered for this period. It is the USER’s responsibility to develop operating procedures and to put in place the appropriate control points and security mechanisms to safeguard and restore data in the event of anomalies in the running of the programs.
The USER alone assumes any malfunctions and damages due to even minor modifications to the SOFTWARE, made with or without Celestory’s authorization. The USER expressly acknowledges that he has received from the SUPPLIER all the necessary information enabling him to assess Celestory’s suitability for his needs and to take all necessary precautions for its implementation and operation. Celestory shall under no circumstances be liable to repair any direct or indirect damage, even if it has been informed of such damage. The USER shall be solely responsible for the use of the Celestory Creator software.
Article 16 – Disputes
These general conditions are subject to French law. Any dispute relating to the interpretation or execution of the purchase order and these general conditions will be submitted to the competent courts of Paris.
Article 17 – Completeness – Partial invalidity
These general conditions express all the obligations of the parties. If one or more provisions of the general terms and conditions are held invalid by a law or regulation, or declared invalid by a final decision of a competent court, they shall be deemed unwritten, the other provisions of these general terms and conditions shall retain their full force and scope.