Terms and Conditions of Use and Sale

In these Terms, the following terms have the meanings assigned to them below:

• "Publisher": DHE SOLUTIONS, registered under SIRET number 929 883 387, with its registered office at 8 rue des Arts, 77220 Tournan-en-Brie, France. Publication director: David HERER. Contact: contact@stagepack.co.
• "Platform" or "Service": the online software StagePack, accessible at stagepack.co, which enables the management, distribution and promotion of performing arts.
• "User": any natural or legal person who creates an account on the Platform and uses the Service, regardless of the subscribed plan.
• "Account": the User's personal space, accessible after registration using an email address and password.
• "Content": all data, text, images, documents and information entered or uploaded by the User on the Platform.
• "Subscription": the paid access plan subscribed to by the User, providing access to extended features of the Service.
• "Personal data": any information relating to an identified or identifiable natural person, within the meaning of the General Data Protection Regulation (GDPR).

These Terms define the conditions under which DHE SOLUTIONS provides Users with access to the StagePack Platform, as well as the rights and obligations of the parties in connection with the use of the Service.

These Terms apply to all access and use of the Platform, including under the free plan. When subscribing to a paid Subscription, the Terms of Sale supplement the Terms of Use.

The Publisher reserves the right to modify these Terms at any time. Modifications take effect upon publication on the Platform. The User will be informed by email of any substantial modification at least 30 days before it takes effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

Access to the Platform requires creating an Account. The User must provide a valid email address and choose a secure password. The User guarantees the accuracy of the information provided during registration and undertakes to keep it up to date.

Each Account is personal and strictly individual. The User is solely responsible for the confidentiality of their login credentials. Any activity carried out from their Account is deemed to have been performed by them. In the event of suspected unauthorized use of their Account, the User must immediately notify the Publisher at contact@stagepack.co.

The User must be at least 16 years old to create an Account. If acting on behalf of a legal entity, they represent that they have the necessary authority to bind that entity.

StagePack is an online platform dedicated to performing arts professionals. The Service enables, among other things: managing project and artist profiles, searching and managing venue contacts, creating and sending distribution campaigns by email, tracking interactions with programmers, and AI-assisted content generation.

The Publisher endeavors to provide a quality Service, available 24 hours a day, 7 days a week. However, the Publisher does not guarantee uninterrupted availability and may carry out maintenance operations, with or without prior notice, which may result in temporary interruption of the Service.

The Publisher reserves the right to develop the Service's features, add new ones or remove some, without this giving rise to any compensation for the User, provided that such modifications do not substantially reduce the features to which the User subscribed under their current Subscription.

Access to the Service is offered under three plans:

Prices are displayed in euros including all applicable taxes on the Platform's Pricing page. The Publisher reserves the right to modify prices at any time. Any price change will be communicated to the User at least 30 days before taking effect. Prices applicable to an ongoing Subscription remain unchanged until the end of the current billing period.

The Publisher may offer promotional deals or preferential rates whose conditions will be specified at the time of implementation. Such offers are not retroactive.

Subscribing to a paid plan is done online through the Platform. The User selects the desired plan, enters their payment information and validates their order. Validation of the order constitutes acceptance of these Terms and constitutes proof of the contract entered into between the parties.

Payments are processed securely by the payment provider Stripe, PCI-DSS Level 1 certified. Accepted payment methods are Visa and Mastercard credit cards. The Publisher does not store any credit card data; such data is processed and stored exclusively by Stripe.

Paid plans are billed monthly. For the Solo plan, automatic renewal is disabled by default: the User must manually renew their subscription or enable automatic renewal. For the Orga plan, the subscription is automatically renewed each month.

In the event of a payment failure, the Publisher will notify the User by email. Access to paid plan features may be suspended until payment is regularized. The User will have a reasonable period to regularize their situation before being downgraded to the Free plan.

The Publisher issues an electronic invoice to the User for each payment, accessible from the dashboard or by email.

In accordance with Article L. 221-28 of the French Consumer Code, the User who subscribes to a paid plan acknowledges that the Service begins immediately after order validation, before the expiration of the 14-day withdrawal period.

The User expressly agrees to waive their right of withdrawal as soon as the Service begins. This waiver is formalized during the Subscription process.

However, the User retains the ability to terminate their Subscription at any time under the conditions set out in Article 10 of these Terms.

The User undertakes to use the Platform in accordance with its intended purpose and these Terms. In particular, the User undertakes to:

Not use the Service for unlawful, fraudulent purposes or in a manner that infringes the rights of third parties; not distribute content contrary to public order, morality, or of a defamatory, insulting, racist, xenophobic nature or inciting hatred; not attempt to impair the proper functioning of the Platform, including by introducing viruses, malware or by any unauthorized access attempt; not use the Platform to send unsolicited communications (spam) in violation of applicable legislation; respect the intellectual property rights of the Publisher and third parties.

The User is solely responsible for the Content they publish or transmit through the Platform. They guarantee that they hold all necessary rights to such Content and indemnify the Publisher against any liability in this regard.

The use of the email sending feature must comply with applicable regulations on commercial prospecting, including the GDPR and the ePrivacy Directive. The User is solely responsible for obtaining the necessary consents from the recipients of their campaigns.

The Publisher undertakes to provide the Service with diligence and in accordance with best practices, pursuant to these Terms.

The Publisher undertakes to implement reasonable technical measures to ensure the security and confidentiality of the User's data. Data is hosted on servers located in the European Union, in Vercel data centers in Paris (cdg1, eu-west-3 region) and Frankfurt (fra1, eu-central-1 region).

The Publisher undertakes to inform the User of any substantial modification to the Service, any security breach affecting their data, and any scheduled interruption within a reasonable timeframe.

The Publisher undertakes to respond to User support requests within a reasonable timeframe at contact@stagepack.co.

The User's Account is created for an indefinite period. The paid Subscription is taken out for a one-month period, renewable according to the terms specific to each plan (Article 6).

The User may terminate their Subscription at any time from their dashboard. Termination takes effect at the end of the current billing period. The User retains access to their plan's features until that date. No pro-rata refund is provided for the remaining period.

The User may delete their Account at any time from their dashboard. Deletion results in the permanent erasure of all personal and professional data within 30 days, except for billing data retained in accordance with legal obligations.

The Publisher reserves the right to suspend or terminate a User's Account, with reasonable notice, in the event of: violation of these Terms, fraudulent or abusive use of the Service, non-payment after a formal demand has remained unsuccessful, or prolonged Account inactivity (more than 24 months without login).

In the event of termination by the Publisher for User breach, the User will be notified by email at the address associated with their Account. The User will have 15 days to submit their observations before the measure is executed, except in cases of emergency (threat to Platform security, manifestly unlawful activity).

The Publisher processes the User's personal data as data controller, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978 as amended (Data Protection Act).

Personal data collected during registration includes: email address, name (optional) and payment information (processed exclusively by Stripe). This data is necessary for the performance of the contract and the provision of the Service.

Data is hosted within the European Union: Paris (Vercel cdg1, eu-west-3 region) and Frankfurt (Vercel fra1, eu-central-1 region). No data transfer outside the European Economic Area is made, except with processors offering appropriate safeguards (standard contractual clauses).

The processors involved in data processing are: Stripe (secure payment, PCI-DSS certified), Vercel (hosting, EU), PostHog (usage analytics, EU servers), Mistral AI (AI-assisted content generation, servers in France), Resend (transactional email delivery).

The User has the following rights over their data: right of access, right of rectification, right to erasure (right to be forgotten), right to restriction of processing, right to data portability and right to object. These rights may be exercised at any time by writing to contact@stagepack.co.

The User has the right to lodge a complaint with the French Data Protection Authority (CNIL), 3 place de Fontenoy, 75007 Paris, France.

The User may export all of their data at any time from their dashboard. Upon Account deletion, personal data is erased within 30 days. Billing data is retained for a period of 10 years in accordance with Article L. 123-22 of the French Commercial Code.

For more details, the User is invited to consult the Privacy Policy accessible from the Platform's footer.

All elements comprising the Platform (software, interface, text, graphics, logos, icons, database, technical architecture) are the exclusive property of DHE SOLUTIONS or its partners and are protected by intellectual property laws.

The User shall not reproduce, copy, modify, distribute or exploit in any way, all or part of these elements without the prior written authorization of the Publisher.

The User retains full intellectual property rights over the Content they publish on the Platform. By publishing Content, the User grants the Publisher a non-exclusive, free-of-charge license limited to the performance of the Service, for the time necessary to provide said Service.

The StagePack trademark, logo and all associated distinctive signs are the property of DHE SOLUTIONS. Any unauthorized reproduction or use of these signs constitutes infringement.

The Publisher undertakes to provide the Service in accordance with these Terms. Its liability is a best-efforts obligation and not a guarantee of results.

The Publisher shall not be held liable for: indirect damages (loss of revenue, loss of data not attributable to the Publisher, loss of opportunity, reputational damage); the inadequacy of the Service to the User's specific needs; the content of emails sent by the User through the Platform; temporary interruptions of the Service related to maintenance or circumstances beyond its control; the use made by the User of contact data accessible on the Platform.

In any event, the total liability of the Publisher under these Terms is limited to the total amount actually paid by the User during the 12 months preceding the event giving rise to liability.

The User is solely responsible for the use they make of the Service and the Content they distribute. They indemnify the Publisher against any third-party claim related to their use of the Service.

Neither party shall be held liable for the non-performance or delay in the performance of any of its obligations if such non-performance results from a force majeure event within the meaning of Article 1218 of the French Civil Code.

The following are considered force majeure events: natural disasters, wars, general strikes, Internet infrastructure failures, major cyberattacks, government decisions, and any other unforeseeable, irresistible and external event.

In the event of force majeure, the performance of the affected obligations is suspended for the duration of the event. If the event continues for more than 90 days, either party may terminate the contract by operation of law, without compensation.

The Platform uses cookies that are strictly necessary for the operation of the Service (session cookies, authentication cookies). These cookies do not require the User's consent.

The Platform also uses PostHog for usage analytics purposes (audience measurement, Service improvement). The data collected is anonymized and hosted within the European Union. The User may opt out of these trackers at any time.

No advertising or profiling cookies are used on the Platform. For more details, the User is invited to consult the Privacy Policy.

The Platform integrates artificial intelligence features provided by Mistral AI (servers in France) to assist the User in drafting content (in particular the generation of distribution emails).

AI-generated content is provided as suggestions. The User remains solely responsible for reviewing, validating and sending content produced with AI assistance. The Publisher does not guarantee the accuracy, relevance or appropriateness of generated content.

Data transmitted to Mistral AI for content generation is not retained by this processor beyond the time necessary to process the request.

If any clause of these Terms is declared null or unenforceable by a court decision, the remaining clauses shall remain in force and retain their full effect.

The failure of either party to enforce any breach of the other party's obligations under these Terms shall not be construed as a waiver of the obligation in question.

These Terms constitute the entire agreement between the parties and supersede any prior agreement, proposal or communication, whether written or oral, relating to the subject matter hereof.

These Terms are governed by French law.

In the event of a dispute relating to the interpretation, performance or termination of these Terms, the parties undertake to seek an amicable solution before any legal action. The User may send their complaint to contact@stagepack.co.

In accordance with the provisions of the French Consumer Code, the consumer User is informed of their right to resort free of charge to a consumer mediator for the amicable resolution of the dispute. The competent mediator will be communicated upon request.

Failing amicable resolution within 60 days, any dispute shall be submitted to the competent courts within the jurisdiction of the Publisher's registered office, namely the Judicial Court of Melun (Seine-et-Marne), unless mandatory legal provisions require otherwise.