Terms of Service

Table of Contents

1. Introduction

Welcome to the Azekia platform, operated by Azekia (“we”, “us”, or “our”). Azekia provides a comprehensive suite of online tools designed to facilitate the collaboration between video production executives (“Producers”) and freelance video editors (“Editors”) to produce and manage social media video content. Our platform encompasses an online derushing tool, project management features, and a system for publishing projects upon approval.

These Terms of Service (“Terms”) govern your access to and use of the Azekia platform, available at studio.azekia.fr, and set forth the legal obligations and rights between Azekia and you, the Editors. By accessing or using any part of our platform, you agree to be bound by these Terms, which are designed to ensure the smooth operation of the video production process, clarify the commercial rights over both completed and incomplete projects, and establish the intellectual property rights pertaining to the content created by Editors.

It is important to note that while Azekia retains commercial rights to the video content uploaded to and produced through our platform, Editors maintain copyright over their creations and will receive due credit in all disseminated videos. The aim of these Terms is to delineate the permissible uses of our platform, safeguard the rights of all parties involved, and enhance our collaborative efforts in producing high-quality video content for social media channels.

Please read these Terms carefully before using the platform, as they affect your legal rights and obligations.

2. Definitions

For the purposes of these Terms of Service, the following definitions apply:

“Content” refers to any video, audio, visual, or text material that is processed, edited, uploaded, posted, transmitted, or otherwise made available via the Platform, including but not limited to video clips, edited video projects, graphical designs, and accompanying audio.
“Services” encompasses all features, functionalities, and tools provided by Azekia through the Platform, intended to facilitate the derushing, editing, management, and publishing of video projects designated for social media dissemination.
“Personal Data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Platform” refers to the online infrastructure provided by Azekia and accessed at studio.azekia.fr, which includes tools for derushing, project tracking, and uploading, as well as any associated services, software, accounts, or networks.
“Project” denotes any creative endeavor undertaken or completed through the use of the Services, involving the editing, assembling, or producing of video content as specified by a Producer.
“Editor” or “Video Editor” means a freelance individual who uses the Platform to provide video editing services to Producers, as defined herein.
“Producer” refers to any executive, manager, or other professional who oversees and directs the creation of video content, coordinates with Editors, and is responsible for initiating projects on the Platform.

These definitions are used to ensure clarity and avoid ambiguity throughout this document and the contractual relationship established by it.

3. Scope of Services

Description of Services

Azekia provides a comprehensive digital platform designed to facilitate seamless collaboration between freelance video editors (“Editors”) and video production executives (“Producers”). The Services offered include, but are not limited to:

Online Derushing Tool: Editors can access and use our advanced online tool to efficiently derush video content, preparing it for further editing.
Project Management Platform: Our platform provides tools that allow Editors and Producers to track the progress of ongoing projects, ensuring timely updates and organized workflow.
Publishing Platform: Upon project completion and approval by the Producers, Editors can use the platform to upload and finalize the dissemination of the video content for social media platforms.
Video Processing Servers: Azekia provides physical servers for video encoding purposes, ensuring high-performance video processing directly on the platform.
Documentation and Support: Comprehensive documentation is available to help Editors understand and navigate the software, including information on average processing times for revisions.
Discord Bot Interaction: A dedicated bot interfaces with Discord to provide real-time updates on project progress, enhancing communication and project tracking.

These Services are designed to support the full lifecycle of video content creation from initial derushing through to publication.

Custom Agreements

While these Terms provide a general framework for the use of our Services, it is recognized that individual contracts between Editors and Producers may specify different terms including, but not limited to, variations in the number of allowable revisions or specific project timelines. Such individual agreements must be documented in writing and signed by both parties, and will take precedence over these Terms in case of conflict.

Limitations of Services

The Services provided by Azekia do not include:

Content Creation: While our platform facilitates the editing and management of video content, the creation of raw video footage is not included.
Hardware Provision: Editors are expected to provide their own computer hardware, software, and internet connectivity necessary to access and use our platform.
Service Interruptions: The quality of the video processing service may be interrupted or operate in a degraded mode. In such specific cases, these Terms may extend to videos transmitted via other file processing services (such as Discord, WeTransfer, etc.), to maintain project continuity and deadlines.

Geographical Coverage

The Services are accessible to users in both Europe and America. Azekia ensures that its Services comply with applicable legal standards in these regions, avoiding conflicts with local laws. However, Editors and Producers are responsible for ensuring that their use of the Services adheres to the local regulations and laws applicable to them.

4. Obligations of Video Editors

Quality Standards

Video Editors are expected to adhere to specific quality criteria set for each project, which are made known to them at the outset, including video resolution and frames per second (FPS). Quality is subjectively determined by the Producer, and if a submission does not meet the desired standards, up to seven revisions may be requested as a default guideline. However, this number can be modified by individual contracts where necessary, providing flexibility to accommodate the unique aspects of each project and the situation of each Editor. After this number, an agreement will have to be reached between the producer and the video editor to compensate for the absence of a final work on the one hand, and the time spent on this work on the other.

5. Intellectual Property Rights

Ownership of Outcomes

The edited videos produced through the Azekia platform are subject to specific ownership and rights agreements. While the video editors retain the intellectual property rights to the creative content they generate, Azekia and its designated Producers acquire exclusive rights to commercially utilize the videos once they are uploaded to the platform and integrated into social media campaigns or other commercial outputs. This arrangement ensures that while the creative contributions of Editors are acknowledged, the practical usage of the videos aligns with the business objectives of Azekia and its clients.

License of Use

Upon submission of edited content to the Azekia platform, Video Editors grant Azekia and its Producers a global, irrevocable, royalty-free license to use, reproduce, distribute, display, and perform the videos in connection with the services provided by the Azekia platform and the business activities of its Producers. This license is intended to facilitate the broadest possible use of the content for marketing, promotional activities, and other business-related purposes, including sublicensing to third parties where appropriate.

Protection of Rights

Azekia is committed to protecting the intellectual property rights of its Editors and Producers. The platform implements robust security measures to safeguard the content from unauthorized access or infringement. These measures include, but are not limited to, digital rights management, encryption, and secure access controls. Additionally, Azekia actively monitors for violations of intellectual property rights and will take appropriate legal action against infringement to ensure the protection of the works created and managed through its platform.

Editors are encouraged to report any suspected infringement of their intellectual property rights directly to Azekia’s legal department for prompt investigation and resolution.

6. Confidentiality

Obligations of Confidentiality

All users of the Azekia platform, including Video Editors and Producers, are required to uphold the highest standards of confidentiality regarding the information and content accessed through our services. This includes, but is not limited to, unpublished video content, project details, client information, graphical resources and assets displayed on pages, and any proprietary data related to Azekia’s business operations.

Video Editors and Producers are strictly prohibited from disclosing, sharing, or otherwise disseminating any confidential information outside of the necessary scope of their engagement on the platform without explicit written consent from Azekia. This obligation is designed to protect the proprietary and sensitive nature of the projects and to ensure that all communications regarding the content remain within the authorized channels provided by Azekia.

Exclusions to Confidentiality

Disclosure of confidential information is permitted under the following specific conditions:

Legal Requirements: If Video Editors or Producers are compelled by law, such as through a valid subpoena or other legal process, to disclose confidential information, they may do so but are required to notify Azekia in advance to seek a protective order or other appropriate remedy.
Consent: Disclosure may occur if Azekia has given prior written consent to the release of specific confidential information under defined circumstances.
Public Information: Information that becomes publicly available through no fault of the Video Editor or Producer, or information that was publicly known prior to its disclosure through the platform, is not considered confidential.

Protection and Compliance

Video Editors and Producers must take all reasonable precautions to safeguard confidential information by implementing adequate security measures and maintaining the confidentiality of their login credentials to the Azekia platform. In the event of any breach of these confidentiality obligations, users must immediately inform Azekia and cooperate fully to remedy the breach and mitigate any potential damage.

Azekia reserves the right to take all necessary legal actions to enforce these confidentiality obligations and to protect its intellectual property and the privacy of its client

7. Duration and Termination

Duration of the Agreement

Each agreement between a Video Editor and Azekia is established on a per-project basis, where the term of the agreement is specifically tied to an individual video project. The agreement commences when a Video Editor accepts a project from Azekia’s platform and terminates upon the completion and approval of the video project, including the fulfillment of all associated payment transactions.

Extended Agreements: In cases where a Video Editor and Azekia wish to engage in a more continuous relationship, an extended contract may be negotiated and signed. Such contracts may stipulate a set number of projects per month or a continuous engagement over a specified period, usually in exchange for a predetermined monthly payment. These extended agreements must be explicitly agreed upon in writing and will supersede the standard per-project agreement.

Termination of Agreement

By Azekia: Azekia reserves the right to terminate an agreement with a Video Editor at any stage of the project if there is a breach of the Terms of Service, failure to meet the agreed-upon deadlines or quality standards, or other violations that significantly impact the project or Azekia’s business operations. Termination under such circumstances will be communicated in writing, with reasons for termination clearly stated.
By Video Editor: Video Editors may terminate their agreement with Azekia if project conditions drastically change or if they are unable to complete the project due to unforeseen circumstances. Editors must provide written notice to Azekia outlining the reasons for termination.

Consequences of Termination

Upon termination of an agreement:

Outstanding Payments: Any due payments for work completed by the Video Editor prior to the termination will be processed according to the usual payment terms outlined in Section 7.
Return of Assets: Any proprietary information or assets provided by Azekia for the completion of the project must be returned or deleted by the Video Editor.
Confidentiality: The obligation of confidentiality as described in Section 6 remains in effect even after the termination of the agreement, covering all confidential information shared during the project.

Notice Period

Except in cases of breach where immediate termination is necessary, either party should provide a reasonable notice period, typically not less than 14 days, to facilitate an orderly transition or conclusion of the ongoing projects.

8. General Provisions

Modification of Terms

Azekia reserves the right to modify, amend, or update these Terms of Service at any time to reflect changes in our services, legal or regulatory requirements, or other aspects of our business. Such modifications will be effective immediately upon posting the revised terms on the Azekia platform. We will endeavor to notify all users of significant changes through our platform interface or via email. Continued use of the Azekia platform after such modifications will constitute acknowledgment and acceptance of the revised Terms.

Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination, the affected provision will be modified to reflect the original intent of the parties as closely as possible in accordance with applicable law and the remainder of these Terms will remain in full force and effect.

Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to the use of the Azekia platform shall be governed by and construed in accordance with the laws of France, without giving effect to its conflict of law principles. All users agree that any legal action or proceeding between Azekia and the user for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction.

Furthermore, the parties agree to submit to the personal jurisdiction and venue of such courts. Any claim under these Terms of Service must be brought within one year after the cause of action arises, or such claim or cause of action is barred.

9. Contact

If you have any questions, concerns or require clarification regarding these Terms of Use or any other aspect of our services, please feel free to contact Azekia directly at studio@azekia.fr. We are committed to supporting you and responding to your concerns in a prompt and efficient manner.