Terms of use — Vidioq

1. Publisher

Vidioq, trade name of Yvhan MOUAFO YO EI, is published in France by Yvhan MOUAFO YO, a sole proprietor operating as a micro-enterprise.

The site is vidioq.app. On these pages, the service and the publisher are called “Vidioq”.

• Form: sole proprietorship (micro-enterprise).
• SIREN 841 074 867
• Registered-office SIRET: 841 074 867 00026
• EU VAT number: FR85841074867
• Registration: registered with the RNE.
• Address: M2 c/o YEMELI, 12 impasse de la Vallée, 78800 Houilles, France
• Publication director: Yvhan MOUAFO YO
• Contact: [email protected]
• Phone: +33 6 38 19 78 81

Hosting: Vidioq’s servers are hosted by the publisher, at the address above. Host phone: +33 6 38 19 78 81.

Network access and the CDN are provided by Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, United States.

2. Purpose

Vidioq receives a link to an on-demand video published on Twitch or YouTube, or a video file you send. The service tries to extract passages that correspond to goals in an EA FC match, then gives those clips back to you.

The processing is automatic. It depends on the video, on how the score is displayed, and on the limits of the engine. It does not decide for you whether an action is a goal, or whether you have the right to use the pictures.

3. Acceptance

Creating an account means accepting these terms and the privacy policy. Sending a video or a link is acceptance for that operation.

You state that you have the capacity to contract. If you act for a legal entity, you state that you can bind it.

4. Account

You give accurate information, you keep your sign-in methods secure, and you answer for activity carried out with your account. You report unauthorised use to the contact address.

The publisher may refuse a registration, suspend an account or close it in the cases set out in these terms, in particular where illegal content is submitted repeatedly.

5. Your videos and the use of clips

By submitting a link or a file, and by using a clip, you warrant that you hold the necessary rights or that you have permission from the people who hold them. This warranty covers both the video you submit and the use of the clips: producing them, downloading them, keeping them and distributing them.

It covers copyright, neighbouring rights, trade marks, image rights and, where people can be identified, the rules that apply to personal data. It also covers the commitments you made to the platform the video comes from, where those commitments can be enforced against you.

Knowing the address of a public video, or being able to watch it on Twitch or YouTube, is not enough to show that you have the right to have it copied or to extract clips from it.

6. Responsibility for content

You alone are responsible for the videos you submit and the clips you use. The publisher does not check, before processing, that you have the rights. It is not the author of the pictures and does not take ownership of your content.

You do not attribute to the publisher, to Twitch, to YouTube or to the game publishers the words, pictures or extracts that come from your request.

7. Deletion when the rights end

As soon as you no longer have the rights or the permission, you stop using the service for that content. You delete the clips you still hold. You also ask for the deletion of copies that are still hosted, without waiting for the retention period to end.

The request is made from the account when deletion is offered there, or through the Report page.

8. Limited technical licence

So that the service can run, you grant the publisher a non-exclusive, royalty-free licence, limited to the retention period and to the operations that are actually required. It only allows the publisher to host the source, analyse it to find goals, produce the clips and deliver them to you.

This licence does not allow the publisher to publish your videos, to assign them, to make them available to other accounts, or to use them as training data. It transfers no intellectual-property right.

9. Prohibited uses

You may not use the service to:

• submit a video or use a clip without the required rights or permission;
• send illegal content, including sexual content involving a minor;
• infringe a third party’s rights or privacy;
• bypass a quota, probe or disrupt the service, or extract its data by a means that is not provided;
• present Vidioq, Twitch, YouTube or EA as parties to a partnership that does not exist.

10. Notice, removal and repeat infringement

Anyone may report illegal content or a copyright infringement under the procedure published on the Report page. That procedure describes the information required, the target timelines, how the decision is notified, and how to challenge it.

When a report is precise enough and appears well founded, the publisher removes the content or blocks access to it. If the content is tied to an account, the user of that account is told of the decision, of the reasons, and of how to challenge it.

After a removal, repeatedly submitting illegal content from the same account may lead to suspension, then to closure of the account. The decision states its reasons and is notified. Closure does not release obligations that arose before it.

Notices that are manifestly unfounded and repeated may also lead the publisher to stop processing later notices from the same person and, if that person has an account, to suspend the account, after telling them.

11. Twitch, YouTube and EA FC

Twitch and YouTube are neither partners, agents nor sponsors of Vidioq. Their names and distinctive signs belong to their owners. Offering a link to one of their videos creates no agreement with those services and does not mean that they authorise the extraction.

EA FC is named to describe the videos the service can analyse. Electronic Arts is not a partner of Vidioq.

You remain solely bound by the terms you accepted with those third parties.

12. How long files are kept

Sources — the file you upload, or the technical copy of a remote video — are kept for at most twenty-four hours, then deleted.

Clips are kept for at most seven days, unless you delete them sooner, or they are removed after a report.

These periods are beta ceilings, not an archiving service. A copy may be deleted sooner because of a technical constraint, account closure or a removal. Download what you want to keep before the deadline. After that, the publisher does not have to give it back.

13. Beta and paid plans

During the beta, opening an account and running an extraction are not charged. Paid plans are planned. No sum is taken until the price, the duration, the content of the plan and, for a consumer, the information required before the order — in particular on the right of withdrawal — have been presented and accepted.

Continuing to use the free beta is not an order for a paid plan. You may close your account before any paid plan.

14. Means, availability and no promised result

The publisher performs the service with the means it has. The obligation is one of means, not of result.

It does not guarantee a result: a goal may be missed, a passage may be mistaken for a goal, and the cut may be offset. It also does not guarantee continuous availability, in particular during the beta.

15. Liability of the publisher

The publisher’s liability is not set aside where the law forbids it. Nothing in these terms limits that liability for gross negligence or fraud, for bodily injury, for breach of an essential obligation, or the mandatory rights of a consumer, in particular under the French Consumer Code. A clause that would do so is treated as if it had not been written.

Between businesses, and outside those cases, Vidioq is liable only for direct and foreseeable loss, within the limits allowed by law.

16. Indemnity against third-party claims

A professional user indemnifies the publisher against third-party claims caused by content the user submitted, a clip the user used, or a breach of these terms. The indemnity covers direct loss, judgments that have become final, and reasonable defence costs, where they result from the user’s fault. It does not cover the publisher’s own act, or the publisher’s gross negligence or fraud.

Towards a consumer, the indemnity applies only where the consumer’s fault is proved, and only for the loss that is its direct consequence. It cannot place on the consumer a liability that the law puts on the professional, and it cannot derogate from the Consumer Code. Any term that would create a significant imbalance to the consumer’s detriment is treated as if it had not been written.

17. Personal data

The processing of personal data is described in the privacy policy. Video files follow the periods in the retention section, unless a legal duty or a report under review requires otherwise.

18. Suspension and end of the account

You may stop using the service and ask for the account to be closed. The publisher may suspend or close an account in the event of a serious or repeated breach, illegal content, or a legal ground. Where circumstances allow, it tells you beforehand and gives the reason.

The end of the account leads to deletion of content still hosted, on the periods already stated, or sooner. Clauses that must survive — liability, indemnity against claims, and governing law — remain in force for earlier facts.

19. Changes to the terms

The publisher may change these terms. The version date is shown at the top of the page. The version that applies to an operation is the one accepted at the time of that operation, subject to what follows.

A substantial change, for example to the price, the purpose of the service or liability, can be enforced against a consumer only after notice and, where the law requires it, acceptance. The consumer may close the account before the change applies.

Between professionals, use of the service after the version date is acceptance of the new wording, unless a mandatory rule says otherwise.

20. Governing law and disputes

These terms are governed by French law.

If you are a consumer, you may bring a claim before the court where you live. You may also refer the matter, free of charge, to a consumer mediator: [TO BE COMPLETED]. This step is optional and does not take away the right to go to court.

If you act as a business, and unless a mandatory rule says otherwise, the courts of Versailles, which has jurisdiction over Houilles, are the competent courts.

21. Contact

For a question about these terms: [email protected].

For illegal content or an infringement of a right: the Report page.