General Terms and Conditions of Sale

The purpose of these General Terms and Conditions is to define the terms and conditions under which Pitchy  Bros Prod (hereinafter "Pitchy"), a simplified joint-stock company registered with the Paris Trade and  Companies Register under number 799 416 011, with a capital of 1994.31 euros, whose registered office is  located at 157 boulevard Macdonald, 75019 Paris: 

(i) authorises access to its Website; and 

(ii) provides its Services to its Clients and Users. 

Any access to and/or use of the Website and/or the Services implies unconditional acceptance and compliance  with all the terms of these General Terms and Conditions, unless otherwise expressly agreed in writing between  the Parties. 

ARTICLE 1. DEFINITIONS  

For the remainder of this present document and other contractual documents associated with it, the terms  whose first letter appears in capital letters shall have the following meanings:  

.1. General Terms and Conditions: the present document and the Catalogue in Appendix 1.  

.2. Specific Terms and Conditions: the Specific Terms and Conditions that appear in the Quote and which  supplement or modify the General Terms and Conditions concerning the Services to which they relate.  

.3. Catalogue: descriptive list of standard "Pitchy Studio" Services, available in Appendix 1 or as communicated  by Pitchy when the latter provides periodic updates. 

.4. Brief: request sent to Pitchy by the Client within the framework of the "Pitchy Studio" Services, submitted  through a duly completed form; 

.5. Client: natural or legal person entering into a contractual relationship with Pitchy. The Parties acknowledge  that the sale of the Services is offered exclusively to professionals for use in the course of, and for the purposes  of, their professional activity. 

.6. Contributors: third parties to whom the Client, if they have subscribed to the "Advanced Mobile App – Video  Shoot Guide" option of the "Pitchy Solution" Service, may grant specific and restricted access to the Pitchy  Mobile App to allow it to create and upload video content. 

.7. The Quote refers to the offer issued by Pitchy, summarising the Services and any Specific Terms and  Conditions that may have been negotiated between the Parties. 

.8. Contract: the Service Contract defined by the Quote, these General Terms and Conditions, any Specific Terms  and Conditions, and any applicable Appendices, which together set forth the entire obligations of the Parties  regarding the provision and use of Pitchy’s Services.  

.9. Contractual Documents: all the documents forming the Contract.  

.10. Client Portal: the Client Portal, accessible on the Website after entering the username and password specific  to the Client and/or the User.  

Force Majeure: an event commonly accepted by the Law and the courts as being unforeseeable, unavoidable  and external, as well as any other event that upsets the economic balance of the Contract and prevents its  performance independently of the will of the affected Party, notably and without limitation, malfunction,  disruption, or interruption of telecommunications or computer networks, failure of a supplier or subcontractor  that prevents or limits the implementation or provision of the Services or Equipment 

.12. Deliverables: document, creation or result in any form whatsoever of the "Pitchy Studio" Services provided  by Pitchy to the Client;  

.13. Template: refers to all document templates, videos, sounds, images, templates, scenarios, etc. provided by  Pitchy or by a Pitchy service provider.  

.14. Parties : Pitchy and the Client.  

.15. Pitchy Services or Service(s): the services made available by Pitchy, which fall under two separate categories  of services: 

• The “Pitchy Solution” Service, being a licence that grants access to Pitchy’s online video creation service  through the Website, and to use the Software, subject to the terms and conditions and limitations set out  in the Contract; 
• The “Pitchy Studio” Services, being video creation and visual communication services provided by the  Pitchy Studio teams, comprising the production of Deliverables, as set out in the Pitchy Studio Catalogue  or, failing that, as set out in the Quote.  

16. Website: the website accessible via the URL www.pitchy.fr.  

.17. Pitchy Mobile App: the mobile application enabling access to the Pitchy Solution via a mobile device. 

.18. Token: an internal accounting unit that allows the Client to acquire, on a prepaid basis, a right to access the  Services provided exclusively by Pitchy, in accordance with the pricing set out in the Catalogue or in a Quote  accepted by the Client. 

.19. User: any individual duly authorised by the Client to access and use the Services, and identified as such to  Pitchy in accordance with the provisions of these Terms and Conditions.  

ARTICLE 2. SERVICES 

2.1. Description of the Services 

2.1.1. The "Pitchy Solution" Service 

This License grants the Client and Users the right to use the Software via the Website, within the scope defined  in the Contract, which sets out, among other things, the maximum number of Users for a given scope and the  features included.  

The base licence may be supplemented by optional Services, subject to additional fees as follows:

• the “Advanced Mobile App – Video Shoot Guide” option, which grants access to the Mobile version of the  Software (the “Mobile App”) to a predefined number of Contributors; 
• the “Personalised video at scale” option, which allows the production of thousands of personalised videos  from the data provided by the Client. 

The “Pitchy Solution” Service and its options, being an online access service to SaaS Software, are provided for  the Client’s and Users’ independent use. The Client’s non-use of the Solution shall not relieve them of their  obligation to pay the full subscription fee. 

2.1.2. "Pitchy Studio" Services 

The "Pitchy Studio" Services (such as, for example, the production or editing of videos by Pitchy) are defined in  the Catalogue and/or in the Quote.  

Unless otherwise agreed, their scope is likewise defined in the form of a maximum volume of requests that may  be submitted by the Client to Pitchy for each contractual year during the Term of the Contract, expressed as a  specified number of Tokens, as defined in the Catalogue for the standard “Pitchy Studio” Services listed therein,  or in the Quote for custom “Pitchy Studio” Services, depending on the applicable parameters.  

2.1.2.1. "Pitchy Studio" Brief Terms and Conditions 

During the subscription period, the Client may therefore place an order with Pitchy for "Pitchy Studio" Services,  by sending a completed "Service Studio" Brief (template in Appendix 2) in writing to Pitchy. 

Pitchy will have a period of 5 days to reply to the Client either to accept the Brief outright, or to request  additional information, if necessary, by making a telephone appointment, or by sending a Studio Quote to the  Client if the Brief does not fall under the Standard Catalogue Services, but constitutes a tailor-made Studio  Service or combines several Standard Services. Any amendment to the request will be treated as a new Brief  that will, in turn, cancel and replace the previous one. 

The written acceptance of the Brief by Pitchy or of the Studio Quote by the Client shall give rise to the  consumption of the corresponding Tokens, in accordance with the pricing in force as of the date of execution  of the Contract. It shall also give rise to Pitchy’s obligation to perform the agreed Studio Services under the  terms and conditions set out in the Catalogue in force as of the date of execution of the Contract or, where  applicable, in the Quote. 

2.1.2.2. Fulfilment of the accepted "Pitchy Studio" Briefs 

Pitchy shall deliver the Deliverables to the Client as defined in the accepted Brief within the timeframe agreed  in the accepted Brief, in accordance with the conditions set out in the Catalogue or the Quote (the “Delivery”). 

The Client has a period of two (2) business days from the date of Delivery to verify that the Deliverables comply  with the accepted Brief and to acknowledge their receipt. In the absence of a written notice specifying any non compliance within this period, the Delivery shall be deemed compliant. 

In the event of a proven non-compliance, the Service Provider has a period of ten (10) business days to carry  out the necessary corrections to the Deliverables.  

Pitchy may, at its sole discretion, agree to make minor adjustments/modifications to Deliverables that comply  with the accepted Brief, at no additional cost, and at the Client’s request. Requests for adjustments must be  made in writing by the Client and must precisely describe the desired adjustment/modification. 

Any request for an adjustment or modification that involves significant changes compared to the accepted Brief  for Pitchy Studio Services shall be treated as a new Brief and shall be subject to an additional payment, either  based on the respective Catalogue rates, where applicable, or by Quote.

.2.2. Scope of the subscribed Services 

2.2.1. Pitchy shall provide the Client with the Services subscribed to under the Contract in accordance with the  terms of the Contract. Pitchy will provide the Client with a Client Support Service, available Monday to Friday  from 10:00 a.m. to 7:00 p.m., by telephone at +33 (0)1 58 20 15 41, or by email at: support@pitchy.fr  

Pitchy shall retain sole control of its working methods, tools, expertise and implementation processes, which  shall be developed and implemented in accordance with best professional practices and the Services' applicable  legal and regulatory requirements.  

In this respect, Pitchy shall in particular use the premises and equipment of its choosing to host its solutions.  Furthermore, Pitchy shall have sole discretion in determining the human resources required for the  performance of the Services.  

In all circumstances, any modifications that Pitchy may implement regarding the performance of the Services,  including techniques, working methods, tools, expertise, and/or implementation processes, shall not, under any  circumstances, impair the proper and full execution of the Services entrusted to it by the Client.  

Pitchy will promptly notify the Client of any difficulties arising in the performance of the Services, by any written  means, including email.  

2.2.2. The Services are exclusively intended for professionals and may only be used in the context of, and for  the purposes of, their professional activities.  

2.2.3. Unless expressly stated otherwise in the Specific Terms and Conditions, the Client’s subscription to the  Services shall be for the exclusive benefit of the Client's sole department, business unit, or team specifically  mentioned in the Specific Terms and Conditions. 

Accordingly, any of the Client's other departments, business units, or teams, and their respective personnel or  partners, not expressly mentioned in the Special Terms and Conditions, shall under no circumstances be  authorised to access or use the Services. 

2.2.4. The Client acknowledges that the Services may be modified by Pitchy at any time, as is customary in the  SaaS industry, including to reflect changes in technological, commercial (excluding price where the Client has  already acquired the licence), administrative, regulatory, or legal contexts, or for reasons relating to the security  of the systems and/or information of the said Services. Pitchy retains sole discretion to update the Services,  including adding or removing certain features, which the Client expressly acknowledges and accepts.  

.2.2.5. Pitchy does not guarantee that the Services will be compatible with all browsers or ancillary software,  including and in particular older versions of video file players. Relevant information may be obtained from  Pitchy’s Client Support Service.  

The Client warrants that they have made all necessary inquiries regarding the technical specifications required  to use the Services before accepting the present Terms and Conditions. 

Accordingly, Pitchy shall not be held liable for any malfunction or unavailability of the Services if the Client’s or  Users’ equipment and devices do not meet the required technical specifications. 

ARTICLE 3. CLIENT OBLIGATIONS  

The Client shall be solely responsible for the proper use of the Services by its employees, agents, or  subcontractors, and for maintaining the confidentiality of its access codes. The Client shall take all necessary measures to safeguard such codes. The Client shall assume all consequences resulting from any unauthorised  access to the Services by a third party (fees for the use of the Pitchy Services, non-compliant use thereof...).  

The Client is responsible for ensuring that all Users comply with the terms of the Contract. 

The Client shall bear sole responsibility for all use of their account. Any connection or data transmission made  through the Client’s account shall be deemed to have been performed by the Client and under their sole  responsibility. The Client shall also be fully and exclusively liable for any use of the Services by any third party  who accesses them using the Client’s access codes. 

When providing the list of Users, the Client undertakes to supply only accurate, up-to-date, and complete  information. 

Furthermore, the Client shall also promptly notify Pitchy in writing (including by email), whenever a User ceases  to be a member of its personnel or an authorised partner entitled to access the Services, and shall likewise  notify Pitchy when any new individual is granted such status (notably in connection with any expansion of the  Licence or the replacement of previously designated Users). 

The Client bears sole responsibility for ensuring the proper functioning of the Users’ IT and telecommunications  equipment and for maintaining their internet access. 

Upon signing these Terms and Conditions, the Client shall appoint a sole, competent, and duly authorised  representative to act on its behalf and liaise with Pitchy.  

The Client acknowledges that Pitchy does not necessarily possess detailed knowledge of the Client’s  organisational structure or working practices. The Client shall notify Pitchy in writing of any ambiguities or  inaccuracies as soon as they come to its attention.  

The Client undertakes to notify Pitchy of any change likely to affect the conditions under which the Services are  performed.  

ARTICLE 4. CONCLUSION OF THE CONTRACT AND CONTRACTUAL DOCUMENTS  

4.1. The conclusion of the Contract and its entry into force are subject to the Client’s written acceptance  (including by electronic means) of the Quote or the signing of a Contract between the Parties. In the absence  of the Client’s signature or express acceptance, the Client’s use of the Services and/or any Brief submitted by  the Client shall constitute the Client’s unconditional acceptance of the terms and conditions of the Contractual  Documents.  

Pitchy reserves the right to make the provision of the Service contingent upon the Client providing the following  supporting documents:  

• the Quote signed by the Client;  
• the Contract signed by the Client, where applicable;  
• a business registration certificate no older than three (3) months; 
• A list of Users, specifying their first and last names, the department in which they work within the Client’s  organisation, and their professional email address.  

4.2. The Contract sets forth the entire obligations of the Parties in relation to its subject matter. The contract  cancels and supersedes all prior documents and agreements between the Parties. In the event of any  inconsistency among the contractual documents, the Special Terms and Conditions specified in the Quote shall  take precedence over the General Terms and Conditions.

4.3. The Contract shall take precedence over any terms and conditions contained in documents issued by the  Client, notably in the Client’s own General and Specific Purchase Terms and Conditions. In no event shall the  Client be permitted to substitute its own general purchase terms and conditions in derogation of these General  Terms and Conditions, including the activation of the Service by Pitchy, unless Pitchy has expressly accepted  such general purchase terms and conditions in writing by expressly indicating “agreed to the Client’s GPC". 

4.4. In the event of any inconsistency with a prior version of these General Terms and Conditions, only the  version in force at the time of the Contract’s conclusion shall apply.  

4.5. Any commercial information or documentation concerning the Pitchy Services is excluded from the scope  of the Contract and shall not be legally binding.  

4.6. Amendments to the Contract at the Client's initiative  

The Client may, at any time and at its discretion, upgrade their Licence or Service offering by subscribing to a  Service option with a higher fee than that originally subscribed to under the Contract.  

Any such modification shall require the signing of an Addendum to the Contract.  

However, any downgrade to a Service plan with a fee lower than the current subscription shall only come into  effect at the end of the Contract term, provided that the Client submits a written request by registered letter  with acknowledgment of receipt to Pitchy – Client Service, no less than two (2) months prior to the Contract’s  expiration date. 

ARTICLE 5. ENTRY INTO FORCE - DURATION AND AUTOMATIC RENEWAL  

5.1. The Contract shall come into effect on the date specified in the Specific Terms and Conditions, or, if no such  date is specified, on the date the Contract is signed. Unless expressly provided otherwise, the Services will be  delivered by Pitchy on a subscription basis for the term set forth in the Contract (the "Initial Term”), and will be  automatically renewed on each anniversary for successive periods of equal duration, regardless of the type of  Services provided.  

The Initial Term of engagement is set out in the Contract. 

5.2. At the end of the Initial Term, the Contract will be automatically renewed for successive periods of equal  duration (the “Renewal Period”), unless either Party terminates the Contract by providing the other Party with  written notice sent by registered letter with acknowledgment of receipt, at least two (2) months prior to the  end of the then-current contractual period.  

This accordingly applies to the “Pitchy Studio” Services; the Contract will be automatically renewed at the end  of the Initial Term, for the same duration and with the same annual allocation of Tokens. 

ARTICLE 6. FINANCIAL TERMS AND CONDITIONS  

.6.1. Subscription price 

The prices of the Services are those in effect at Pitchy at the time the Contract comes into effect. Unless  otherwise specified, they are stated in the Quote as an annual flat fee. 

For the “Pitchy Solution” Services, the subscription fee represents the payment due for access to the Pitchy  Solution for one year and includes the setup fees and Pitchy technical support. The options referred to in Article  2 shall be invoiced separately at the rate specified in the Quote. 

For the “Pitchy Studio” Services, the subscription fee corresponds to the annual provision of a pack of Tokens,  according to the quantity specified in the Contract, enabling the acquisition, during the validity period of these  Tokens, of the “Pitchy Studio” Services listed in the Catalogue. For custom “Pitchy Studio” Services, the value of  the Tokens will be determined on a case-by-case basis and detailed in a Quote.

The subscription fees set forth in the Contract are established according to the term of engagement, the number  of Users, and any quantitative or other limits specified in the Specific Terms and Conditions. Subscription fees  shall be automatically adjusted on an annual basis, on the anniversary of the date the Contract came into force,  in accordance with any changes to the most recently published revised Syntec index, using the following  formula: 

P1 = P0 x S1/S0 

Or: 

• P1 = revised price 
• P0 = original price or most recently revised price 
• S0 = the most recently published SYNTEC index as of the date of the previous revision,  or the original index (the latest published index as of the date the Contract came into force)
• S1 = the most recently published SYNTEC index as of the date of revision. 

For the purposes of calculating fees due by the Client to Pitchy under the terms of the Contract, the amounts  set forth in Pitchy’s Quote shall prevail over any other calculation method, including in the event of any  disagreement, except where the Client provides evidence of a malfunction affecting the tracking system.  

All prices set forth exclude VAT, which shall be borne by the Client and applied in accordance with the laws and  regulations in effect on the date of invoicing.  

All costs and expenses associated with equipment, communications, and any other requirements necessary for  the connection, access to, and use of the Solution, as well as any related authorisations, shall be borne solely  by the Client.  

.6.2. Terms and Conditions of Use of the Tokens 

The Tokens have no intrinsic monetary value and shall not be deemed to constitute a financial instrument, a  means of payment within the meaning of the French Monetary and Financial Code, or electronic money. They  may not, under any circumstances, be converted into legal tender or exchanged with any third party. 

The Tokens can only be used with Pitchy and solely for payment of the “Pitchy Studio” Services. 

The number of Tokens required for each Service is determined by Pitchy and communicated to the Client in  advance via the Catalogue for standard Services and via a Quote for bespoke Services. 

Use of the Tokens is subject to the availability of the Services and compliance with the Contract. 

The Tokens are strictly personal to the Client and may not, under any circumstances, be assigned, transferred,  loaned, gifted, or resold to any third party, in any manner whatsoever. 

Unless expressly agreed otherwise, the Tokens are valid for a period of twelve (12) months from their date of  issuance. Beyond this date, the Tokens will automatically expire and shall not be subject to any refund or  compensation. A Token shall be deemed consumed on the date on which the Client’s Brief is accepted by Pitchy,  and who will not reject a Brief without justification. It is the Client’s responsibility to anticipate the time required  for the issuance and acceptance of such Brief in light of the validity date of the Tokens they hold. 

The purchase of Tokens will give rise to the issuance of an invoice in accordance with applicable tax laws. The  VAT liability will be determined in accordance with the applicable regulations, taking into account the nature  of the services to which the Tokens relate. 

Tokens are non-refundable and non-cancellable, except with the express prior written consent of Pitchy or in  the event of a contractual breach solely attributable to Pitchy.

Pitchy reserves the right to modify, at any time, the conversion rate of Tokens into Services. Such modifications  shall apply to any unused Tokens, provided that the Client is given reasonable prior notice of the changes. 

6.5. Payment terms  

Amounts payable by the Client will be due upon receipt of the invoice, unless otherwise expressly stated in the  Specific Terms and Conditions.  

6.6. Payment methods  

Invoices must be paid by bank transfer. For this purpose, upon signature of the Contract, Pitchy will provide the  Client with the account details in the form of a French "RIB" document indicating its BIC/SWIFT and IBAN details.  

The annual Licences and Services Fee must be paid in a single instalment and will be invoiced when the Contract  comes into effect and on each anniversary date thereafter for the duration of the Contract. 

Any one-off single purchase of ‘Pitchy Studio’ Services shall be invoiced on the date the Contract comes into  effect, and the Parties agree that such invoices shall serve as prior notice.  

In the event of late payment of any invoice upon its due date, late payment penalties will automatically and  immediately apply, calculated at a rate equal to three (3) times the legal interest rate in effect in France,  together with a fixed compensation of forty (40) euros for recovery costs, without prejudice to the right of the  creditor to recover any additional costs actually incurred.  

In the event of non-payment, Pitchy reserves the right to automatically terminate the Contract without prior  notice or warning.  

6.7. Claims  

Any informal claim regarding items billed in an invoice must be submitted exclusively to Pitchy within ten (10)  days from the date of issuance of the relevant invoice. Submission of a claim does not relieve the Client from  their obligation to pay the disputed invoice.  

Pitchy will investigate the matter in the event of a dispute. Any necessary adjustments resulting from such  investigation will be promptly applied.  

ARTICLE 7. LIABILITY – INSURANCE  

Pitchy does not exercise any control, whether prior or subsequent, over the use of the Services by Users.  Accordingly, Pitchy shall not be liable to the Client for any indirect, consequential, or incidental damages arising  from the use of the Services. The Client shall indemnify and hold harmless Pitchy from and against any claims,  legal actions, or judgments, whether or not finally adjudicated, arising from or related to such use.  

7.2. Pitchy undertakes to use its best efforts to perform its obligations under the Contract in accordance with  industry standards and prevailing practices, and to deliver the Services in accordance with the Contract and the  accepted Brief. 

Pitchy shall use all reasonable endeavours to ensure quality access to the Pitchy Solution Services, but is under  no obligation to ensure such access will be error-free. The Client acknowledges and accepts that Pitchy cannot  guarantee the continuity of services provided remotely via the Internet, telecommunications networks, or  mobile Internet connections. 

Furthermore, unless expressly agreed otherwise, once the Pitchy Solution Services have been made available,  the Client agrees that they will not raise any claim that the Services and/or the Website are defective or  incompatible with the Client’s technical environment, provided that the Client has been able to use the Service  and the Website for their intended purpose.

Furthermore, Pitchy shall not be liable for any network or server failure, or for any other event beyond its  reasonable control, which prevents or degrades access to the Pitchy Solution Services. However, Pitchy shall  use its best endeavours to provide reasonable assurance that the Client can access the Website and use the  Services at the times specified in this agreement, namely on a 24-hour-a-day, 7-day-a-week basis, including  Sundays and public holidays 

Pitchy reserves the right to interrupt, temporarily suspend, or modify, without prior notice, access to all or part  of the Website and the Services for maintenance or any other reason, and that no such interruption shall give  rise to any claim or liability. 

7.3. Unless agreed otherwise, Pitchy is not obliged to provide advice regarding the suitability of the Services for  the Client’s requirements. Any analyses provided by Pitchy are for guidance only and are based solely on the  information supplied by the Client.  

7.4. If Pitchy fails to perform all or any of its obligations under the Contract, the Client may, subject to  establishing Pitchy’s fault, claim compensation for any direct loss suffered, provided the Client can prove such  loss.  

7.5. Regardless of the nature, basis, or form of any claim brought against Pitchy, any compensation payable to  the Client for direct loss proven by the Client shall not exceed, except in cases of gross negligence or fraud by  Pitchy, an amount equal to the fees (excluding incidental costs) payable by the Client under ARTICLE 6 – "Financial Terms" during the six (6) months preceding the event(s) giving rise to such claim, all claims being  combined.  

7.6. Pitchy shall not, under any circumstances, be liable for:  

• any loss or damage arising from the Client’s total or partial failure to perform its own obligations, including  under this Contract or any applicable law, regulation, or standard;  
• any indirect loss, even if Pitchy was aware of the possibility of such loss. The Parties expressly agree that  indirect loss includes, without limitation, loss of customers, loss of reputation, business interruption,  additional costs incurred in switching to another system in the event of unavailability, loss of profits or  savings, and any claim brought against the Client by a third party (except for any claims of infringement);  
• losses that could have been avoided if the Client had exercised reasonable diligence;  
• any loss or damage arising from the loss of the Client’s data, the Client being responsible for ensuring and  verifying the backup, storage, and restoration of such data, except where the storage of such data is  provided as part of a Service to which the Client has subscribed;  
• any loss arising from data provided by the Client;  
• any loss or damage caused by third parties, including any service providers involved directly or indirectly  in the provision of the Services.  

7.7. Pitchy shall not be responsible for the content, quality, legality, or relevance of any content, files, data, or  information provided by the Client, nor for any loss or destruction of such data that may occur during  transfer, in particular by means of telecommunications.  

7.8. Pitchy will provide the Client’s Users with a username and password for internal access to the Services  ordered. Each password is personal and confidential. The Client agrees not to disclose any username or  password to any third party in any manner or for any purpose. The Client shall remain solely responsible for  maintaining the confidentiality of usernames and passwords and for all use thereof.  

7.9. The Client shall bear sole responsibility for all configurations, settings, options, and operational procedures  applied, and Pitchy shall in no event be held liable for any decisions made by the Client. 

7.10.The Client shall be solely responsible for any elements it provides to Pitchy. The Client guarantees that it  owns, or has all necessary rights to use, such elements in connection with the Services. Accordingly, Pitchy  shall not be liable for any claim brought by a third party in relation to such elements. 

7.11.In no event shall Pitchy be held liable for any loss or damage arising from an event of Force Majeure.  

7.12.In any event, the Client shall immediately notify Pitchy of any action or claim brought by any of its  customers, or by any other third party, in connection with the use or operation of the Services, and shall  immediately provide Pitchy with all information and documents necessary to understand the circumstances  and any legal implications that may arise.  

7.13.Pitchy shall not be held liable for any use of the access codes by a third party.  

7.14.The Client shall notify Pitchy of any claim arising from the performance of this Contract within one (1)  month of the delivery of the relevant Services, subject to any expiry or forfeiture of the Client’s rights to  make such a claim. 

7.15. Each Party undertakes to take out and keep in force an insurance policy with a reputable, solvent insurer  established in France, that covers all financial liabilities arising from its civil, professional, tort, and/or  contractual obligations arising from any bodily injury, material damage, or non-material damage caused to the  other Party or to any third party in connection with the performance of this Contract. 

ARTICLE 8.- TERMINATION 

8.1. The Contract may be terminated automatically by Pitchy at any time, without notice and without the Client  being entitled to any compensation, if the Client and/or any of its Users engages in any fraudulent use of the  Services or access codes (in particular allowing persons not designated as Users to access the Services), if the  Client becomes subject to insolvency proceedings during which the liquidator does not approve continuation  of the Contract in accordance with applicable law, or if the Client becomes subject to liquidation proceedings.  

Under the cases referred to in Article 10, and where the reason for the suspension has not been resolved, Pitchy  shall have the right to terminate this Contract with immediate effect as of the tenth day following the  suspension of the Services, without the Client being entitled to any indemnity.  

8.2. Without prejudice to the provisions of this Article and Article 10, if the Client fails to perform any of its  obligations under this Contract, Pitchy will be entitled to terminate this Contract, in whole or in part, thirty (30)  days after serving formal notice by registered letter with acknowledgment of receipt, which remains  unresolved, or immediately in the case of a breach that cannot be remedied, to terminate the Contract, in whole  or in part, by sending a registered letter with acknowledgment of receipt, without affecting Pitchy’s right to  claim any resulting loss.  

8.3. If the Contract is terminated, all sums owed by the Client under the Contract shall become immediately  payable, without affecting Pitchy’s right to claim damages, including any amounts that would have been payable  if the Contract had continued to its originally agreed term. 

ARTICLE 9. PRIVACY  

9.1. Each Party undertakes to keep strictly confidential all information that is communicated to it as such (the  “Confidential Information”) by the other Party, or of which it becomes aware in connection with the  performance of this Contract.  

Each Party undertakes not to disclose the aforementioned information for the duration of this Contract, except  as strictly necessary for the performance of this Contract, or as required by a court or governmental authority,  or where such information has become publicly available. 

Each Party shall also ensure that all members of its personnel and any applicable subcontractors comply with  the provisions of this Article, for which it shall be liable to the other Party. The obligations set out in this Article  shall apply for the entire term of this Contract and shall continue for a period of two (2) years following its  termination or expiration.  

Furthermore, upon the expiration or termination of the Contract, Pitchy shall return to the Client any data  stored in its possession, and each Party shall either return to the other Party all documents containing  Confidential Information or provide written confirmation of their destruction. Under no circumstances may a copy of any documents containing Confidential Information be retained.  

ARTICLE 10. PERSONAL DATA  

Pitchy is committed to protecting the personal data provided by its Clients (the “Personal Data”) and undertakes  to ensure a level of protection in accordance with the applicable European and French data protection laws,  including, in particular, Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil  Liberties, as amended, and Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016  (the “GDPR”). 

10.1. Data relating to information provided by the Client for the performance of the Services 

Pitchy acknowledges it is fully aware of the confidential nature of all personal data and information contained  in the documents and files provided by the Client. 

Pitchy, acting as a data processor under Article 4 of the GDPR, agrees to process any Personal Data only to the  extent necessary to perform the Services and in accordance with the scope, instructions, and purposes for  processing set out in writing by the Client. 

In its capacity as the data processor, Pitchy expressly undertakes to maintain the confidentiality of all Personal  Data processed under this Contract and confirms that all personnel and/or subcontractors who may access such  Personal Data are bound by confidentiality obligations. 

Pitchy undertakes, where applicable, to process Personal Data in accordance with the Client’s documented  instructions. If Pitchy considers that any instruction would violate the European Data Protection Regulation or  any other applicable EU or Member State data protection law, it shall promptly inform the Client. 

In addition, if Pitchy is legally required to transfer Personal Data to a third country or international organisation  under EU law or the law of the relevant Member State, it shall notify the Client of this obligation before carrying  out the transfer, unless such notification is prohibited by law for overriding public interest reasons. 

Pitchy undertakes to incorporate data protection principles by design and by default in the development and  provision of its tools, products, applications, and services. 

Where reasonably possible, Pitchy shall assist the Client in complying with its obligations concerning data  subjects exercising their rights, including access, correction, and deletion, 

as well as the right to object, the right to restrict processing, the right to data portability, and the right to not  be subject to any automated individual decision-making, including profiling. 

With the Client’s prior agreement, Pitchy shall notify the competent supervisory authority (the French CNIL), in  the name and on behalf of the Client, of any Personal Data violations as soon as possible, and, where feasible,  no later than 72 hours after becoming aware of the violation, unless the violation is unlikely to result in a risk  to the rights and freedoms of natural persons. 

With the Client’s prior consent, Pitchy shall notify the affected data subject of any Personal Data violation in the  name and on behalf of the Client without undue delay, where such violation is likely to result in a high risk to the rights and freedoms of the individual. Upon termination of the Contract, Pitchy undertakes, as chosen by  the Client, to:

• either destroy all Personal Data;
• return all Personal Data to the Client's data controller;
• or  transfer the Personal Data to a subcontractor designated by the Client's data controller. 

10.2. Client and User data 

10.2.1. Personal data collected and the purpose of such collection 

PITCHY collects the Personal Data voluntarily provided to it by the Client and Users, either through the collection  forms made available to them, via the Site, or directly during the implementation and performance of the  Contract. 

Mandatory information must be provided and is marked by an asterisk (*) on the data collection form. 

Personal Data is processed by PITCHY for the purposes of managing customer accounts, conducting marketing  and statistical analyses, and monitoring service quality, in order to provide Clients and Users with the most  suitable services. 

PITCHY only collects Personal Data strictly necessary for the creation and management of the Client’s account  and the Users’ accounts (such as last name, preferred name, first names, gender, date of birth, professional  email address, and password), for managing the customer relationship, including conducting satisfaction  surveys, handling complaints and after-sales service, as well as for carrying out PITCHY's loyalty, information,  and promotional activities (including, in particular, sending newsletters) when the Client and User have  expressly consented thereto. 

10.2.2. Storage and hosting of Personal Data 

Personal Data is stored in encrypted computer files on secure storage servers. Personal Data is temporarily  stored by Google Cloud in Belgium for video production purposes. Permanent storage servers are located in  Amazon Web Services data centres hosted in Europe, specifically in Dublin and Paris. 

In any event, PITCHY will take all appropriate measures to maintain an adequate level of confidentiality and  security of Personal Data during its transfer and upon receipt. In particular, PITCHY shall contractually require  all of its subcontractors and service providers to implement, on an ongoing basis, all appropriate technical and  organisational measures to secure Personal Data and ensure the same level of protection as required by  applicable law. 

10.2.3. Retention 

Personal Data will be retained in the operational database solely for the period strictly necessary to achieve the  purpose for which it was collected and processed. 

Personal Data will then be archived with restricted access for an additional period, solely for purposes permitted  by law (such as payment, warranty, disputes, accounting, statutory record-keeping obligations...). Once this  period has elapsed, the data will be deleted. 

The data will be retained for the following periods:

10.2.4. Transfer of Personal Data 

PITCHY shall never transfer Personal Data to any third party who might use it for their own purposes, including  for commercial purposes and/or direct marketing, without the prior express consent of the Client and the Users. 

PITCHY may disclose Clients’ Personal Data to legally authorised bodies and authorities where such disclosure  is required or permitted by law, or where PITCHY considers it necessary or appropriate to comply with  applicable legal or regulatory obligations, or to protect or defend its rights, or the rights of its employees, clients,  or any other persons. 

PITCHY may transfer Clients’ Personal Data to third parties in the event of a sale, transfer of assets,  reorganisation, or liquidation. In such cases, PITCHY shall notify the Client if their Personal Data is to become  subject to another privacy policy. 

Personal Data collected may, if necessary, be shared with third parties under contract with PITCHY for the  performance of outsourced tasks essential to the management of Client accounts or the fulfilment of accepted  Briefs. 

Unless the Client has provided prior express consent at the time of collection of their Personal Data, PITCHY  shall not transfer Personal Data to its partners (including affiliated group companies) for marketing or  promotional purposes, including via electronic, postal, or telephone means. 

Even after giving their consent, Users may object to the continuation of such communications by sending a  written request to PITCHY at the following address: 157 Boulevard MacDonald, 75019 Paris, France. 

The Client and the Users acknowledge that Personal Data relating to them may be transferred, for the purposes  described above, to entities located outside the European Union where the level of data protection may be  lower than that provided within the European Union. Before any such transfer, PITCHY shall take all necessary  measures and provide appropriate safeguards to ensure the security of such transfers. 

10.2.5. Security 

In compliance with applicable law, PITCHY will implement all appropriate technical and organisational  measures, taking into account the nature of the Personal Data and the risks inherent in its processing, to ensure  the security of Personal Data relating to the Client and the Users, and in particular to prevent any unauthorised  alteration, damage, or access by third parties. 

10.2.6. Data controller and Clients’ rights 

The data controller is PITCHY BROS PROD, a simplified single-shareholder company (SASU) with a share capital  of €1,994.31, registered with the Paris Trade and Companies Register (RCS) under number 799 416 011, whose  registered office is located at 157 Boulevard MacDonald, 75019 Paris, France. 

The User can:  

• access all of their Personal Data: this right allows the User to ask PITCHY about the nature of the processing  concerning them and to request a copy of all information relating to them. This right applies regardless of the  legal basis for the processing (contract, legal obligation, consent, legitimate interest, etc.).
• object to the processing of their data: this is the right to be excluded from a data processing activity or to no  longer be included. This right applies when the processing is based on PITCHY’s “legitimate interest”:
• correct, update, complete, or delete the personal data they have provided; 
• request the portability of their data; 
• request a restriction of processing carried out by PITCHY concerning their Data: this right may be exercised  when one of the following circumstances applies: 
• the accuracy of the Personal Data is contested by the person concerned, for a period allowing the  data controller to verify the accuracy of the Personal Data; 
• the processing is unlawful, and the person concerned opposes the deletion of the data but instead  requests the restriction of its use; 
• the data controller no longer needs the Personal Data for its processing, but it is still required by the  person concerned for the establishment, exercise, or defence of legal claims; 
• The person concerned has objected to the processing, pending the verification of whether the  legitimate grounds pursued by the data controller override those of the data subject. 

In addition, the User may provide PITCHY with instructions regarding the retention, deletion, and disclosure of  their Personal Data after their death. Such instructions may also be registered with a “certified digital trusted  third party.” These instructions, sometimes referred to as a “digital will,” may designate a person responsible  for their execution; failing this, the User’s heirs shall be designated. 

In the absence of any such instructions, the User’s heirs may contact PITCHY to access the processing necessary  for “the organisation and settlement of the deceased’s estate,” to receive disclosure of “digital assets” or “data  comparable to family memoriesthat may be transmitted to heirs,” to request the closure of the client’s account,  and to object to the continued processing of their Personal Data. 

To exercise their rights, the client may submit a request (indicating their email address, last name, first name,  postal address, and a copy of their identity document): 

• By email to: contact@pitchy.fr 
• By post to: 157 boulevard MacDonald, 75019 Paris. 

A reply will be sent within a maximum period of one (1) month following receipt of the request. The client may, at any time, file a complaint with the competent supervisory authority (in France, the CNIL:  www.cnil.fr).

ARTICLE 11. COMPLIANCE WITH APPLICABLE LAWS AND THIRD-PARTY RIGHTS  

11.1. The Client undertakes not to distribute, directly or indirectly, in any manner or form, through the Services,  any unlawful, illegal, or third-party rights-infringing content, including but not limited to content that is:  

• contrary to public order or good morals;  
• p0rnographic or paedophilic in nature; insulting, defamatory, or infringing on the honour or reputation of  individuals;  
• racist, inciting racial hatred, or denial of crimes against humanity; offensive or contemptuous in nature;  - constituting a threat of any kind, directed at one or more persons;  
• inciting the perpetration of a crime or offence, or more generally any act punishable by law; constituting  computer hacking in any form;  
• counterfeiting or infringing any intellectual property rights (copyrights, related rights, trademarks, patents,  designs, and templates);  
• and, more generally, infringing on privacy, the protection of Personal Data, or the rights of any third party.  

11.2. The Client shall comply with all laws and regulations applicable to their use of the Services. In particular,  the Client will notably adhere to:  

• the provisions of European and French regulations applicable to the protection of personal data, in  particular Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as  amended, and any new laws or decrees enacted for its implementation, such as the French Digital Republic  Act No. 2016-1321 of 7 October 2016, and Regulation (EU) 2016/679 of the European Parliament and  Council of 27 April 2016, known as the “GDPR,” as well as any subsequent legislation. The Client declares that the processing they carry out within the framework of using the Services has been duly declared to the French CNIL. The Client shall respect the rights granted to individuals concerning the processing of data  relating to them, whether directly or indirectly;  
• the regulations applicable to direct marketing. 

11.3. The Client is solely responsible, vis-à-vis the holders of the relevant intellectual property rights, for the  payment of any royalties due in respect of intellectual property rights related to the content of emails, SMS,  videos, sounds, images, and, more generally, any content sent by the Client via the Services, unless such content  has been provided by PITCHY.  

11.4. In the event of any violation by the Client of their obligations under this Article, PITCHY retains the right,  without prior notice and without any formalities, to terminate the Contract immediately. PITCHY may also  choose to terminate the Contract partially, with respect to the Service(s) affected by the violation that led to  termination. Such termination shall take effect without the need for judicial proceedings or any other formal  procedure, except for the sending of a registered letter with acknowledgment of receipt. Under no  circumstances shall such termination entitle the Client to any claim for damages or compensation.  

11.5. PITCHY reserves the right to suspend a Client’s access without prior notice in cases where such access  would jeopardise the operation or availability of its IT systems, in particular due to:  

• abnormal use of the Service;  
• a denial-of-service attack via the Client’s access, as in a deliberate action aimed at degrading the  performance of or access to the Service;  
• the use of hacking methods to access PITCHY’s data or systems.  

PITCHY reserves the right to suspend access after informing the Client, if the Client fails to take prompt  corrective measures, in particular in cases of issues related to infection by a computer virus.  

11.6. The Client shall indemnify and hold harmless Pitchy, as well as any third party or service provider involved  directly or indirectly in the performance of the Services, and as such against all direct or indirect consequences,  including financial loss, resulting from any breach of its obligations under this Article.  

11.7. In the event that the Client is held liable as a result of its use of the Services, Pitchy may elect either to  terminate the Contract in its entirety or to partially terminate it in respect of the Service that gave rise to such  liability.  

11.8. Pitchy may suspend the performance of the Contract or of the relevant Service:  

• where urgent action is required to put an end to the Client’s conduct, in particular where such  conduct infringes, or poses a risk of infringement or an increased risk of infringement, of the rights  of third parties or of Pitchy, for a period not exceeding three (3) months. 
• where criminal proceedings are initiated against the Client as a result of the Client’s use of a Pitchy  Service, and until such time as a judgment is rendered.  

11.9. Any suspension and/or termination exercised by Pitchy pursuant to this Article shall take effect  automatically, without any requirement for prior notice, subject only to Pitchy giving written notice by  registered letter with acknowledgement of receipt.  

Nevertheless, where there is no urgency, Pitchy may first give the Client formal notice to remedy the relevant  breach, and shall only suspend or terminate the Contract, in whole or in part, if the Client fails to remedy such  breach within the period specified in the notice. 

ARTICLE 12. INTELLECTUAL PROPERTY  

12.1. General provisions  

Each Party shall retain sole ownership of all information, technical and/or scientific knowledge, know-how,  trade secrets, commercial secrets, data, brands, databases, applications, software packages, websites, software  (including source code), files, designs, templates, formulas, and/or any other type of information, in whatever  form, whether patentable or not, and whether patented or not, together with all intellectual property rights  arising from or attached to them, which belong to or are duly held by such Party as of the date the Contract  came into effect and/or during its performance.  

12.2. Pitchy ownerhip rights  

Pitchy shall retain all intellectual and/or proprietary rights in and to the Templates, software packages,  software, general and specific developments, configurations, methods, know-how, development tools, files,  databases, data, documents, including distinctive signs, designs, templates, and hardware (hereinafter  collectively referred to as the “Elements”), which are its property and are used or made accessible to the Client  in the context of the Services provided under this Contract.  

The Contract does not transfer any intellectual or proprietary rights in or to the Elements owned by Pitchy, or  for which Pitchy has obtained a licence or right of use and which are used or made accessible to the Client in  the context of the Services provided under the Contract.  

Likewise, the Contract does not transfer any intellectual or proprietary right in or to the Elements owned by the  Client, which are used or made accessible to Pitchy in the context of the Services provided under the Contract.  

The Parties agree that any documents made available to the Client by Pitchy may not be reproduced by the  Client, except for the purpose of transmitting such documents to the Users of the Solution. These documents  shall remain the property of Pitchy, and the Client undertakes not to disclose their content to any person other  than the Users without the prior express written consent of Pitchy.  

12.3. Licence to use the Pitchy Solution Service 

For the purposes of this Licence, the following terms mean:  

I. Pitchy Software: any software for which Pitchy holds all or part of the intellectual property rights, whether  exclusively or not, and provided by Pitchy under the Contract;  

II. User Licence: the present Licence to use;  

III. Third-Party Software: software owned by third parties, forming part of the operation of Pitchy Software  and provided or made available to the Client by Pitchy on a SaaS basis, in respect of which Pitchy represents  that it has acquired the corresponding rights.  

Pitchy Software is the property of Pitchy and/or its partners. Except with prior express written consent, the  Client shall not use or otherwise exploit the Pitchy Software outside the scope of this User Licence.  

The intellectual property rights associated with the content and elements displayed in the Pitchy Software  provided under the Contract, or accessible through it, are owned by their respective holders. Such content may  be protected by copyright or other intellectual property laws and treaties and may be subject to terms and  conditions of use imposed by the third party providing such content. Unless otherwise specified in the Specific  Conditions:(i) this Licence does not grant the Client any rights to use such content and does not guarantee that  such content will remain available to the Client (ii) the Client is not permitted to use, extract, or distribute, for  commercial or any other purposes, or independently, any photographs, images, illustrations, graphic works,  audio materials, video materials, or similar content contained in the Software or provided as part of it, nor to  use templates or graphic kits outside the context or intended use of the Software.

Pitchy grants the Client, for the duration of the Contract, a temporary, personal, non-exclusive, non sublicensable, non-assignable, and non-transferable right to use, in France, the Pitchy Software and Templates  made available to the Client under the Contract.  

This right of use is granted solely and uniquely for the purpose of enabling the Client and the Users to use the  Pitchy Software in order to benefit from the application services included in the Services ordered, in the context  of and strictly for the needs of their professional activity, and for no other purpose whatsoever.  

The Client may use the Pitchy Software only in accordance with its professional needs, its intended purpose,  and the documentation (including all documents prepared by Pitchy describing the Pitchy Software and the  services associated with it, specifying their functions, purposes, and terms and conditions of use).  

This right of use includes all rights necessary for the Client to:  

• operate and use the Pitchy Software and all application services associated therewith by the Client;  
• allow the use by the Users (as in all members of the Client’s personnel duly authorised to use the Pitchy  Software in accordance with the terms of the Contract);  
• use the Documentation;  
• use, for the purposes of its professional activity, the videos created through the use of the Pitchy  Software and all associated application services, including after the expiry of the Contract for any  reason. 

The rights granted to the Client under this Licence shall extend to any update or new version that replaces  and/or supplements all or part of the Pitchy Software, unless such update or new version is subject to its own  specific terms and conditions of use. It is understood, however, that Pitchy may, at its discretion, provide  updates and new versions of the Pitchy Software, without this giving rise to any obligation.  

The temporary provision of Pitchy Software under the terms and conditions of this User Licence shall not be  construed as the transfer of any intellectual property rights to the Client, within the meaning of the French  Intellectual Property Code.  

Subject to the provisions of Article L.122-6-1 of the French Intellectual Property Code and any contrary  provisions set out herein, the Client is strictly prohibited, whether directly or indirectly and without limitation,  from reproducing, adapting, altering, representing, modifying, translating, arranging, distributing, decompiling,  making available to third parties, commercialising, transcribing, or using for the purpose of designing,  producing, distributing, or commercialising any equivalent, similar, or substitute software, all or any part of the  Pitchy Software, without the prior express written consent of Pitchy.  

12.4. Third-party Software  

Notwithstanding any provisions in any eventual documentation accompanying the Third-Party Software, the  rights granted to the Client in respect of the Third-Party Software shall consist solely of a User Licence.  

Such User Licence is limited to the right to use the aforementioned software solely in connection with the  Services and for the duration of the Contract. The Client acknowledges that any other form of use may expose  it to liability towards the publishers of the Third-Party Software and/or their rights holders.  

In the event of any claim and/or action for infringement brought against Pitchy, its rights holders, distributors,  agents, or licensees arising from the Client’s use of the Third-Party Software, Pitchy shall notify the Client  without delay. If the claim or infringement action arises from the Client’s failure to comply with its contractual obligations under this Contract, and the Client has been promptly notified of the claim and granted authority  to defend and conduct the action, the Client shall bear the cost of defending Pitchy, and, in cooperation with Pitchy, the Client shall conduct the defence of Pitchy, its rights holders, distributors, agents, and licensees, and  shall cover all expenses (including legal expenses and lawyers' fees) incurred in pursuing the legal action, as well  as any damages awarded to the third party.  

The Client’s liability shall, however, be expressly excluded if the infringement or the origin of the claim arises  directly from elements provided by Pitchy or from modifications made by Pitchy to the Third-Party Software.  

12.5. Client rights  

12.5.1 The Client shall retain intellectual property rights in the Elements provided to Pitchy for the performance  of the Contract. 

The Client is and shall remain the sole owner or duly authorised holder of all content, data, files, and information  of any kind that it provides to Pitchy, whether directly or via any of the Websites, in the context of the Contract.  

However, the Client grants to Pitchy, and to any third party selected by Pitchy to whom Pitchy may delegate the  performance of its obligations under the Contract, a temporary, non-exclusive right to use such content, files,  data, and information solely to the extent strictly necessary for the performance of the Contract.  

In this regard, Pitchy acknowledges that the provision of Elements by the Client shall in no circumstances  constitute a transfer of ownership of such Elements in any form, and that the transmitted Elements may only  be used for the purposes of performing the Contract, unless the Client has granted prior written consent.  

Furthermore, any records and documents produced by Pitchy in the context of the Services using data provided by the Client shall be the exclusive property of the Client.  

Pitchy must obtain the Client’s prior written consent before disclosing any deliverables in its references or using them as examples in its promotional or marketing materials.  

The Client, being solely responsible for the quality, legality, and relevance of the content, files, data, and  information provided by it and its Users to Pitchy in any manner under the Contract, guarantees that it holds all  necessary rights, including intellectual property rights, to possess, use, and transmit such content, files, data, and information to Pitchy for the purpose, in particular, of enabling Pitchy or any third party to whom Pitchy delegates its obligations under the Contract to provide the Services. 

It is therefore the responsibility of the Client to ensure that any files and documents provided to Pitchy do not contain information that may infringe the rights of any third party, violate public policy, or contravene public decency.  

Accordingly, the Client undertakes to defend Pitchy and to bear and/or indemnify Pitchy against any loss or  damage arising from any claim or action by a third party relating to Pitchy’s possession or use of any content, files, data, or information provided by the Client, in any form or by any means, under the terms and conditions of the Contract.  

12.5.2 Rights granted to the Client in respect of Service Deliverables 

For videos produced by the Client through the Pitchy Solution Services, as well as for videos produced by Pitchy  at the Client’s request under the Pitchy Studio Services (the “Deliverables”), Pitchy grants the Client, in  consideration of and upon full payment of all amounts due to Pitchy under the Contract, all intellectual property  rights attached to the videos created by the Client through the Pitchy Services under the terms and conditions  of Contract, to the extent necessary for the Client to exploit, distribute, display, and use the Deliverables  personally, free of charge, and solely for the purposes of its professional activity (to the exclusion of any other  purpose), worldwide and for the entire duration of legal protection of the rights attached to such Deliverables.

ARTICLE 13. NON-SOLICITATION CLAUSE  

The Client undertakes not to hire or engage, whether directly or through an intermediary, any current or future  employee or collaborator of Pitchy, regardless of their role or specialisation, even if the initial approach is made  by the employee or collaborator of Pitchy. Any hidden or additional remuneration is also prohibited. This  obligation shall apply for the duration of the Contract and for a minimum period of twenty-four (24) months  following the termination of the present Contract.  

In the event that the Client breaches this Article, it undertakes to compensate Pitchy (including, without  limitation, selection and recruitment costs, training expenses, and damages arising from reputational harm or  commitments already made on its behalf) by paying immediately a lump sum equal to twelve (12) times the  last gross monthly salary or the last monthly remuneration excluding taxes of the relevant employee or  collaborator. 

ARTICLE 14. GENERAL PROVISIONS  

14.1. Assignment  

The Service Contract is entered into by Pitchy and is of personal nature in relation to the Client. It cannot be  transferred either in part or as a whole, free of charge or for a fee, for any reason, without Pitchy’s express prior  written agreement. It is understood, in the event of an assignment of the Contract, that the Client shall remain  jointly and severally liable with the assignee for a period of one (1) year from the date of such assignment.  

Pitchy may assign, transfer, or grant to a third party, in any form whatsoever, the rights and obligations arising  under the Services Contract, subject to the prior express written consent of the Client, and shall notify the Client  immediately.  

14.2. Subcontracting  

Pitchy can subcontract the Contract either in part or as a whole. It is expressly agreed upon that Pitchy’s use of  Temporary employment agencies is not deemed as subcontracting. In the case of subcontracting, Pitchy  remains responsible for the Services carried out by subcontractors.  

14.3. Enforcement – Non-performance 

In the event of a breach by either Party of its obligations, the non-breaching Party shall have the right to seek  specific enforcement of the obligations arising under this Contract. In accordance with Article 1221 of the  French Civil Code, the obligee may pursue such specific enforcement following a simple formal notice sent by  registered letter with acknowledgement of receipt to the defaulting Party, which remains without effect, unless  such enforcement is impossible or there is a manifest disproportion between its cost to the defaulting Party  and its benefit to the obligee. 

It is recalled that, pursuant to Article 1219 of the French Civil Code, each Party may refuse to perform its  obligation, even if it is due, where the other Party fails to perform its own obligation and such non-performance  is sufficiently serious, i.e., likely to jeopardise the continuation of the Contract or fundamentally disrupt its  economic balance. Suspension of performance shall take effect immediately upon receipt by the defaulting  Party of a notice of breach sent by the non-breaching Party indicating its intention to invoke the right of non performance, and shall remain in effect until the defaulting Party remedies the breach. Such notice shall be sent  by registered letter with acknowledgement of receipt, or by any other durable written medium that provides  proof of posting. 

This right of non-performance may also be exercised preventively, in accordance with Article 1220 of the French  Civil Code, where it is clear that one Party will not perform its obligations when due and where the  consequences of such non-performance are sufficiently serious for the non-breaching Party.

This right may be exercised at the risk of the Party taking the initiative. 

Suspension of performance shall take effect immediately upon receipt by the presumed defaulting Party of a  notice of the intention to invoke the right of enforcement and shall remain in effect until the presumed  defaulting Party performs the obligation for which a future non-performance is apparent. Such notice shall be  sent by registered letter with acknowledgement of receipt, or by any other durable written medium that  provides proof of posting. 

14.4. Goverining law and disputes  

French law shall exclusively govern this Contract. This contract is executed in the French language. 

Any dispute arising from the interpretation or performance of this Contract shall first be subject to an attempt  at amicable resolution. 

Failing an amicable settlement, any disputes arising out of this Contract, including its validity, interpretation,  performance, termination, and any consequences or follow-on matters, shall be submitted to the jurisdiction of the courts of the Court of Appeal of Paris. This clause equally applies to third-party claims or multiple defendants. 

Appendix 1 

"PITCHY STUDIO" SERVICES CATALOGUE 

Updated on 12/01/26 

Non-exhaustive list / Estimated daily rate (excluding travel expenses outside France's Île-de-France region):

Appendix 2 

"PTICHY STUDIO" BRIEF 

Number of videos:  

Estimated length: __’ (min’sec) 

Production format: 

• Recording 
• Interview 
• 2D motion animation 
• 3D motion animation 
• Screen capture 
• Podcast 
• Webinar 
• Production at scale 
• Other:... 

Is filming required? 

• Yes 
• No 

Filming location: 

Filming date:

Objectives & Target audience 

The video's objective(s): 

• Informational 
• Promotional 
• Educational 
• Recruitment 
• Drive engagement 
• A pitch 
• Other: 

Target audience(s): 

• Clients 
• Prospects 
• Collaborators 
• Partners 
• General public 
• Other: 

Key message(s) to convey: A mix of all these moments to reflect the breadth and diversity of the past  year

Desired tone: 

• Corporate 
• Dynamic 
• Inspiring 
• Educational 
• Serious 
• Casual 
• Other: 

Custom graphics / animation (e.g., text panels, questions, lower thirds, keywords, key figures, etc.)”

• Yes 
• No 

Details / Inspiration: 

Elements to integrate: 

• Logo 
• photos 
• pictograms 
• slides 
• screenshots 
• sound design 
• music 
• Other: 

Resources provided by the client: 

References provided by the client: (visual style, tone, examples…): 

[Links or descriptions of videos, moodboards, inspirations…] 

Production language(s): French 

Desired output format:  

• Landscape 
• Portrait 
• Square 
• Other 

Broadcast channels/platforms:  

• YouTube 
• LinkedIn 
• Instagram 
• TV 
• Website 
• Facebook
• Internal 
• LMS 
• other

Are subtitles required?:  

• Yes 
• No 

Language(s): 

If yes, will the client provide the subtitles? (format: .SRT) 

• Yes 
• No 

Is a teleprompter required? 

• Yes 
• No 

Are miniature formats required? (previews, thumbnails): 

• Yes 
• No 

Additional deliverables: 

• GIFs 
• Raw footage  
• Source files (to be specified) 
• Animated slides 
• Thumbnails 
• Audio only 
• Other: 

Additional Notes:

[Please include anything that may be useful: constraints, specific conditions, allocated budget,  comments] 

Desired timeline: