1. Introduction

These Terms of Service ("Terms") govern the use of the DAMVIA hosting service ("Service") provided by Mon Agence Créative ("Provider", "we", "us", or "our") to the client company ("Client", "you", or "your"). DAMVIA is an open-source Digital Asset Management (DAM) application developed by Mon Agence créative. While the DAMVIA application itself is open-source, these Terms specifically cover the hosting service provided by Mon Agence créative. By using our Service, you agree to these Terms. Please read them carefully.

2. Open-Source Software and Hosting Service

2.1. DAMVIA Application: The DAMVIA application is open-source software developed by Arnaud DE SAINT JEAN. The source code is available under the terms of GNU Affero General Public License v3.0.

2.2. Hosting Service: The Service covered by these Terms is the hosting and maintenance of the DAMVIA application provided by Mon Agence Créative. This service is separate from the development and licensing of the open-source application itself.

2.3. Modifications and Contributions: Any modifications made to the DAMVIA application by the Provider for the purpose of providing the hosting Service do not alter the open-source nature of the core application. Clients are encouraged to contribute to the open-source project according to the project's contribution guidelines.

3. Service Description

3.1. DAMVIA is a Digital Asset Management (DAM) solution that integrates with the Client's existing cloud storage services.

3.2. We host each Client's DAM on a dedicated server we maintain.

3.3. The database we host will save users' emails, downloads, user information, preferences, admin-edited pages, and information about files.

3.4. The Service connects to the Client's own cloud services (e.g., OneDrive, Dropbox, Google Drive) and syncs all their files on our server. These files are copied for usage purposes, and we do not change anything on the Client's cloud service.

4. Service Commitment and Payment

4.1. The Service requires a one-year commitment.

4.2. Pricing and payment terms are as agreed upon in the separate contract between the Provider and the Client.

4.3. If the Client terminates the contract before the end of the committed year, they will be responsible for paying for the entire year.

5. Usage Limitations

5.1. The bandwidth limit is determined by the server capacity.

5.2. There is no strict file size limit, but the Client is responsible for ensuring that shared files have a reasonable size to be downloadable.

5.3. The available storage space is as described in the plan selected by the Client.

6. Maintenance and Technical Support

6.1. The Provider commits to perform necessary maintenance for the proper functioning of the DAM. This includes critical bug fixes and essential technical support to resolve operational issues the Client may encounter.

6.2. The Provider will inform the Client at least 24 hours in advance of any maintenance operation that could impact the use of the software.

6.3. The Provider does not commit to a schedule for providing planned updates or developing new features for the DAM beyond critical bug fixes and essential updates.

6.4. Any request from the Client regarding the addition of extra features or specific modifications to the DAM will be considered a new project and will be subject to a separate quote and agreement.

7. Termination and Data Portability

7.1. At the end of the Contract, for whatever reason it occurs, if the Client wishes to take over the hosting of the application, the Provider agrees to provide the Client with his database.

7.2. It is the Client's responsibility to ensure that their new technical provider has the required skills to install, host, and operate the application independently. The current Provider will not provide technical assistance beyond the available information on the Github repository.

7.3. Our hosted version of DAMVIA provides additional functionalities that are not available in the open-source version. If the Client has used paid features not included in the open-source version of DAMVIA, they acknowledge that access to these features will be lost upon termination, unless the features were specifically developed under a separate contract at the Client's request.

7.4. In this case, the Client will be responsible for maintaining the application and using it appropriately. The Provider will not be responsible for any performance, security, maintenance, update issues, or any other matters related to the hosting and use of the application by the Client.

7.5. The Client is solely responsible for ensuring that any updates or new releases of the open-source DAMVIA application are compatible with their existing setup. The Provider is not liable for any issues, disruptions, or damages caused by the Client's decision to update to a new version of the application. The Client should perform appropriate testing and validation before applying updates to their production environment.

8. Liability and Indemnification

8.1. The Client will assume full responsibility for hosting, maintenance, updates, and appropriate use of the application under these circumstances.

8.2. The Client will be solely responsible for compliance with applicable regulations in the context of hosting and using the application, particularly regarding data protection and intellectual property. The Provider disclaims any liability for any sanctions, fines, or legal proceedings resulting from the Client's non-compliance with these regulations.

9. Dispute Resolution

9.1. Any disputes related to these Terms or the Service will be handled directly with the Client company, not individual users.

9.2. These Terms shall be governed by and construed in accordance with the laws of France.

10. Changes to the Terms

10.1. We reserve the right to modify these Terms at any time. We will notify the Client of any significant changes.

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.