Terms of Service for End-users

1. GENERAL AND DEFINITIONS

1.1 These terms and conditions (“Terms”) are an agreement between you as an End-client and Colls (Bridgers SAS) (reg. 882 679 749), a company incorporated under the laws of France (“Colls”). Colls provides a service named Colls, including a web application, with a communication platform for live services to an online audience. These terms of service shall apply to all non-iOS End-clients. “Provider” means an individual or a company providing live services through the Platform. “End-client” means the individual or legal entity making use of the live services offered via the Platform. “Colls” means the services provided by Colls on the Platform, including but not limited to communication services and other features available at any time. “You” means the End-client. “Platform” means the website www.colls.io. If you use Colls as both a Provider and an End-client, the respective Terms of Services shall apply.

2. ACCEPTANCE OF TERMS

2.1 When you click [“Agree”] during the registration process for an account, you agree to these Terms. Colls reserves the right to modify these Terms at any time in its sole discretion, and will notify you by e-mail 30 days in advance of any changes taking effect and by posting the updated Terms on the Platform. Your continued use of the Service after notification of any changes in Terms constitutes your agreement to the updated Terms. If you do not agree to these Terms or any updated version of the Terms, you may not use Colls.

3. THE SERVICE

3.1 The purpose of Colls is to facilitate the connection and interaction between Providers and End-clients for video and audio live services. Such live services are provided via Colls’s Platform. By using Colls, you can initiate a live service session with a Provider on the Platform. Colls does not take part in the interaction between the Providers and the End-clients except for providing the Platform for searching, booking, and communications and for managing payments when required. Colls is not a Provider itself – all live services are offered by the Providers.

3.2 In order to take part of the Provider’s Services you will have to set up an account with Colls. Colls reserves the right, in its sole discretion, to refuse your registration of an account and consequently any use of Colls.

3.3 Colls may provide support to you as provided on the Platform.

3.4 The Providers may at their sole discretion choose if and what kind of live services they want to provide to you and how the services are carried out, and will provide its live services under a separate agreement with you concerning the live service. Agreements between you and the Provider regarding the live service and the content thereof are solely between you and the Provider. Colls is not a party to any agreement between you and the Providers. Complaints and issues concerning a Provider’s services must be resolved directly between you and the Provider.

3.5 Colls WILL NOT BE HELD RESPONSIBLE AND EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, DEMANDS OR DAMAGES, DIRECT OR INDIRECT, OF EVERY KIND AND NATURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH Colls. YOU EXPRESSLY AGREE TO HOLD Colls HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM OR PROVIDER.

4. PAYMENT AND REFUNDS

4.1 It is free of charge for you to search for a Provider on the Platform, but if you want to use the Provider’s services you may be required to pay for the services. The fee, if any, will be shown as price per minute or per session for that specific Provider. The total price for Provider’s services will be based on the length or the price of the session. When booking a Provider for the first time, you will be asked to provide payment details and to expressly authorize charges for selected services. The information will be kept by a third party for recurring payments. Payment to a Provider for the live services shall be made directly after the session is finished unless otherwise agreed, such as for example in pre booking. The payment shall be made through a third party appointed by Colls. Colls reserves the right to correct any errors or mistakes that it makes concerning the payment, even if Colls already has requested or received payment.

5. TERMINATION OF END-CLIENT’S ACCOUNT

5.1 You may at any time terminate your use of Colls and close your account with Colls. These Terms will apply until your account has been closed. As a consequence of your termination, Colls will delete all information that can be attributed to you. Information on how to close your account can be found on the Platform.

5.2 Colls reserves the right, in its sole discretion and without prior notice, to terminate your account and your ability to use Colls.

5.3 Colls reserves the right, at its sole discretion and without prior notice, to block End-clients from certain IP addresses from accessing the Platform.

5.4 Any misuse of the platform or any of the features or services will result in a deleted or blocked account.

6. ELIGIBILITY

6.1 Colls are available only to individuals that can form legally binding contracts under applicable law. Without limiting the foregoing, Colls are not available to minors or anyone under the age of eighteen (18) unless agreed to by a parent or legal guardian. By setting up an End-client account, you guarantee that you are eighteen years old or older. Colls disclaims any liability related to the use of Colls by anyone under legal age.

7. PRIVACY

7.1 Colls is committed to maintaining the privacy and security of your personal data. Colls will only use the information you provide in accordance of the GDRP or such other legislation succeeding the law. You acknowledge that Colls may collect and use your personal information for the purposes specified in the Privacy Policy. For more information, see Colls’s full Privacy Policy.

Colls is not responsible for the Provider’s processing of the personal data that you have provided such Provider(s) with and consequently disclaims all liability in this regard.

8. USER RESPONSIBILITIES

8.1 You may use Colls only for such purposes that are permitted by applicable law or regulation. You undertake to comply with Colls´s from time to time applicable guidelines and the Terms. You may not use Colls in a way that causes Colls or other third party harm. If you become aware of Colls being used in violation of these provisions, you shall, if possible, immediately terminate such use and inform Colls of the violation.

8.2 Your account is for your sole, personal use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.

8.3 You agree not to communicate or publish information that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation). You may not use any part of Colls for sending unwanted bulk mail or unrequested marketing e-mails or conduct an automated process service other than services provided by Colls.

8.4 Your account is for your sole, personal use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the confidentiality of your password to your account.

8.5 You are responsible for providing accurate, current and complete information in connection with your registration and use of the Platform and Colls. In relation to Colls and its partners, you are solely responsible for all information communicated or transmitted through Colls and your account. Information means for example text, pictures, sounds, data, video and links.

8.6 You may not use the Platform or Colls to recruit, solicit, or contact Providers for employment or contracting for a business not affiliated with Colls.

8.7 You may not copy the contents of Colls and the Platform, including but not limited to any of the records or profiles of Providers and other users, and you are prohibited from using any technology, method or scheme to reproduce or mirror all or any portion of the contents of Colls and the Platform, nor utilize any other technology, or automated code of any kind, to copy, reproduce or download the contents of Colls and the Platform.

8.8 The marks and trademarks “Colls” and the Colls logo are marks owned by Colls. Except as may be otherwise indicated, any other trademarks, service marks, logos and/or trade names appearing on the Platform are the properties of their respective owners. You acknowledge the rights of Colls and the respective third parties in those marks and that you may not copy or use any of these marks, logos or trade names without the prior written permission of the owner. By posting content to any public or user area of the Platform you guarantee that you have the right to grant, and you do grant to Colls an irrevocable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such content and to prepare derivative works of, or incorporate into other works, such content. You further represent and warrant that public posting and use of your content by Colls will not infringe or violate the rights of any third party. Your use of Colls, including but not limited to the content you post on the Platform, must be in accordance with any and all applicable laws and regulations.

9. NO WARRANTY

9.1 THIS PLATFORM, Colls, THE INFORMATION AND MATERIALS CONTAINED AND MADE AVAILABLE THROUGH THIS PLATFORM AND Colls, INCLUDING LIVE SERVICES, TEXT, GRAPHICS, INFORMATION, LINKS OR OTHER ITEMS ARE ALL PROVIDED “AS IS” AND “AS AVAILABLE”.

9.2 Colls DOES NOT: a) GUARANTEE, THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE PLATFORM, THROUGH Colls OR THROUGH THE PROVIDER’S SERVICES, OR b) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PROVIDER THROUGH OR ON OUR PLATFORM OR THROUGH Colls. Colls DOES NOT WARRANT THAT YOUR USE OF Colls WILL BE SECURE, UNINTERRUPTED, SAFE, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN Colls WILL BE CORRECTED. IN ADDITION, Colls MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY AND CREDENTIALS OF ANY PROVIDER.

10. LIMITATION OF LIABILITY

10.1 YOU AGREE THAT NEITHER Colls NOR THE PROVIDERS WILL BE LIABLE FOR ANY HARMS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM OR RELATING TO: (i) THE USE OR THE INABILITY TO USE THE PLATFORM OR Colls; (ii) ADVISE, STATEMENTS OR CONDUCT OF THE PROVIDERS; OR (iii) ANY OTHER MATTER RELATING TO Colls. 10.2 YOU AGREE THAT Colls’S AGGREGATE LIABILITY IN RELATION TO YOU NEVER CAN EXCEED THE PRICE PAID BY YOU FOR Colls. Colls EXPRESSLY EXCLUDE ANY AND ALL LIABILITY TO ANY THIRD PARTY.

11. INDEMNIFICATION

11.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Colls FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, EXPENSES, OR DEMANDS OF LIABILITY, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’S FEES AND COSTS IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE PLATFORM OR Colls AND YOUR VIOLATION OF THESE TERMS.

11.2 YOU SHALL INDEMNIFY AND HOLD Colls HARMLESS FOR ANY CLAIM, CONTROVERSY OR DAMAGES THAT MAY ARISE FROM ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM AND/OR PROVIDER.

11.3 YOU SHALL INDEMNIFY AND HOLD Colls HARMLESS FROM ANY DIRECT OR INDIRECT CLAIM MADE BY A THIRD PARTY ARISING OUT OF YOUR USE OF Colls. THIS MEANS THAT IF YOU OR SOMEONE ACTING ON YOUR BEHALF SHOULD CAUSE Colls’S END-CLIENTS OR A THIRD PARTY DAMAGE, YOU SHALL INDEMNIFY AND HOLD HARMLESS Colls FROM ANY SUCH CLAIM.

12. FORCE MAJEURE

12.1 You expressly release Colls from responsibility for any delay or failure of performance if and to the extent caused by an event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure, such as changes in laws and regulations or in the interpretation thereof, acts of authorities, war, acts of war, labour disputes, blockades, sabotage, terrorism, vandalism, accidents and other like events.

13. MISCELLANEOUS

13.1 You agree that we may communicate with you by sending electronic mail to the e-mail address you have registered with Colls or by providing information to you through our Platform, regarding these Terms, Colls, customer service matters, or any other communications related to your use of Colls. You agree to make sure that the e-mail address you have registered with Colls is accurate.

13.2 You may not assign or pledge your rights and obligations under these Terms to any third party except with the prior written consent of Colls. Colls reserves the right to assign its rights and obligations under these Terms without notice to you or your consent.

13.3 The failure of Colls to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary and the Terms shall otherwise remain in full force and effect and remain enforceable between the parties.

13.4 The contents of these Terms shall supersede all previous written or oral commitments and undertakings.

13.5 This Agreement shall be construed in accordance with and be governed by the laws of France, without regard to its conflict of law provisions.

13.6 Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish courts, with Paris’s district court (Pariss tingsrätt) as the court of first instance.

Contact information If you have any questions regarding these Terms, or any question, complaint or claim with respect to the software, please contact us at:Colls (Bridgers SAS) Corporate Identification Number: 882 679 749 contact@colls.io