Terms and conditions of use for Nextory's subscription service

Valid from 06/01/2022

1. Introduction

Youboox SAS operating under the brand name "Nextory" ("Nextory") provides subscriptions that offer a wide range of content including audiobooks, e-books, and press titles (the "Service") that any physical user of the Service (the "User") can enjoy. These terms and conditions ("Terms and Conditions") form part of the contract between Nextory and you ("You") who have subscribed to access the Service. The Terms and Conditions govern the User's use of the Service provided through Nextory's mobile software application (the "App"). The Terms and Conditions also govern the User's activity that takes place on Nextory's website (www.nextory.com/fr-en/). The Terms and Conditions constitute a binding agreement between Nextory and the User. The User must therefore carefully review these Terms and Conditions and accept them prior to use of the Service. The Terms and Conditions may be updated in accordance with the provisions of these Terms and Conditions. The latest version of these Terms and Conditions is always available on the company's website. The User is specifically made aware that other special Terms and Conditions may apply to different forms of subscriptions ("Special Provisions"); see section 3 below.

The Service enables the User to read the content that is included in the subscription they have subscribed to at any time. You have access to the content for the duration of your subscription. You choose which titles you want to read or listen to among those available within your subscription.

The content included in the Service may change throughout the subscription. Nextory makes the content available to its Users under license agreements with the holders of the rights to the content. New content is added regularly, and content may be withdrawn from the offering when the license agreements with the rights holders expire. Nextory's offer also includes older content that is no longer copyrighted.

Sometimes, subscriptions to the Service can be subscribed to through a third party with whom Nextory cooperates or has a direct or indirect agreement ("Partners"). In such a case, the subscription procedures and payment procedures are defined by the Partners and can therefore differ from those applicable under these Terms and Conditions. Information about how subscriptions are subscribed to, the applicable Terms and Conditions, and the terms of payment are communicated to Users by the Partners, who are responsible for them towards the Users. The promotional code for the trial period in question is personal and may only be used once.

2. User Account

To access the Service, you must create a subscription by registering a personal account ("User Account”) on the Nextory website. You must provide contact details, payment details, choose your password and form of subscription, and confirm that you accept these Terms and Conditions, any Special Provisions, and Nextory's privacy policy, which you can find here: /privacy-policy . To create a User Account, you must be a natural person who is at least 18 years of age or has the right to enter into an agreement with written parental consent. You are responsible for keeping your personal information in your User Account up to date and stating that your information is correct. You are obliged to log into your User Account on the company's website if necessary and update your contact details and payment details so that they are up to date. You will have access to the Service as soon as you have completed the registration process and verified your payment information. After you complete the registration process, Nextory will send a confirmation of the subscription and the applicable Special Provisions for this to the email address you have associated with your User Account. More information about which subscriptions Nextory offers can be found under section 3 below. Your User Account is personal. You are obliged not to disclose your username or password to anyone who is unauthorized, and to treat them in such a secure way that no one else will be able to learn what they are. If you share a tablet or smartphone with one or more people who are not included in your subscription, you should always be careful to log out after using the Service.

In order to take advantage of the Service, access to a device that is compatible with Nextory's technology and that enables streaming and the temporary downloading of files is required, along with an Internet connection. You will find information about the technical requirements for the device on the company's website. These requirements may change as the technology evolves. Devices for the use of the Service, an Internet connection, and traffic charges are not included in the Service.

Reviews written from your User Account must be presented in a respectful manner and must not contain anything that may be perceived as being offensive, threatening, or in violation of applicable law. In the event of a breach of this provision, Nextory has the right to delete the review or terminate your User Account in accordance with section 9 below.

3. Subscriptions and Special Provisions

Nextory offers various forms of subscriptions. The types of subscriptions offered vary over time. On the company's website, you will find information about the general forms of subscriptions that Nextory offers at any given time. In addition, Nextory sometimes offers special forms of subscriptions, such as time-limited marketing campaigns or subscriptions in collaboration with other companies or organizations. Unlike the general forms of subscriptions, these special forms of subscription may be targeted only at certain categories of people, such as members of a particular organization.

Written information about the Special Provisions that apply to a specific subscription is provided before you subscribe and is confirmed by email after you have subscribed. Special Provisions for a specific form of subscription form part of the agreement with Nextory and thus supplement these Terms and Conditions. If Special Provisions for a specific subscription deviate from the provisions of these Terms and Conditions, the Special Provisions take precedence.

Unless otherwise stated in the Special Provisions that apply to a specific subscription, you can choose the form of subscription and switch to a different form of subscription at any time. If you switch to a form of subscription with a higher cost, the upgrade will occur immediately after switching, but the additional costs will be included in the next payment. If you switch to a form of subscription with a lower cost, you will keep your existing subscription for the period you have already paid for, and the new subscription will be valid from the subsequent billing period.

Please note that the access you and other Users have to content may vary if you change your form of subscription.

By default, the Subscription is a subscription for a single User (1 profile) and up to four screens used simultaneously.

Nextory may introduce changes to its offer, allowing the User to create different user profiles for the same subscription and/or to use these different profiles simultaneously. These possibilities will depend on the type of subscription.

If you have a multi-user form of subscription, the different Users of the subscription can simultaneously enjoy content from the number of devices that corresponds to the number of Users covered by the subscription. Regardless of the form of subscription, you can enjoy content from up to five different devices, as long as those devices are not used at the same time

4. Initial Trial Period

If the subscription you have subscribed to includes an initial trial period, you have the opportunity to try the Service free of charge for a certain period starting from your subscription. If you have subscribed with multiple users, the Users covered by the subscription also have the same opportunity. If the subscription is terminated during the trial period, the access you and other Users of the Service have will cease immediately (although Nextory may choose to grant you the right to use the subscription until the end of the trial period, without billing).

The duration of the trial period is set out in the Special Provisions for the subscription. The last day of the trial period is stated in the confirmation of the subscription that you receive by email after registering your User Account.

If you do not wish to continue with your subscription after the trial period, you can cancel the subscription via your User Account on the company's website no later than the last day of the trial period.

If you have subscribed to Nextory through a promotional offer from one of our Partners, the trial period may differ from what is stated in these Terms and Conditions or Special Provisions. In this case, the trial period is specific. Please refer to the conditions offered by the Partner on this matter.

5. Right to Cancellation

As the subscription constitutes a supply of digital content not supplied via a physical medium, and insofar as it begins after your agreement and your express waiver of your right of withdrawal, no right of withdrawal may be applied concerning the subscription, in accordance with Article L.221-28, 13 of the French Consumer Code.

6. More About Your Subscription

If you have not canceled your subscription before the end of the trial period (in cases where the subscription includes an initial trial period), the subscription will run during the time-limited period set out in the Special Provisions of the subscription. If the subscription does not end definitively at the end of a given period, it is considered to be concluded for a fixed term of one month, renewable every month, unless terminated before the end of the last day of the corresponding month.

The cost of the subscription is stated in the Special Provisions for the subscription and will be charged in advance for a period of one month. The first billing period therefore runs for one month from the date of the subscription or, if a trial period is included, from the first day following the end of the trial period. The second billing period runs for the next month, etc. Information about the dates on which future payments are due will be provided in your User Account. In the case of payment by redemption of a gift card, instead of what is stated above, the subscription will be paid in advance for the period specified in the terms of the gift and will then be terminated.

The costs for the various forms of subscriptions include VAT. Any charges for data traffic over the Internet or mobile networks are not included in the costs.

Nextory has the right to change the costs of the different forms of subscription as well as to introduce new forms of subscriptions or change the existing forms of subscriptions.

In particular, the price of the subscription is calculated using statistical tools to ensure that, at any time, the sum of the subscriptions paid by the Users remains higher than the cumulative amount of the consultation credits actually consumed during the period in question. Indeed, the provisions of Law No. 2011-590 of May 26, 2011 relating to the price of digital books and its implementing decrees require that the balance of the joint account referred to in Article 14 of these Terms and Conditions remain positive at all times.

Nextory is obligated to notify you of such changes by email using the email address associated with your User Account at least 30 days before they are to be applied. For prepaid subscriptions (e.g., gift cards), the changes can only come into effect after the prepaid period. If you object to the changes, you may cancel your subscription without any specified costs. If you do not cancel your subscription, the changes will be applied from the date specified in the email.

7. Payment

You can pay for your subscription using one of the methods listed on the company's website. You must register information that enables payment using one of these methods when you register your User Account and you must update the information of your own accord, for example, if the validity of a card you have registered expires or the card is blocked.

From time to time, we offer gift cards and discount codes as described on the company's website or in the App. These are valid as payment as stated on the gift card or in the discount code.

You can also pay for your subscription by redeeming gift cards. In such a case, if you wish to continue with the subscription after the end of the period specified in the gift card, you must redeem additional gift cards or register information that enables payment according to one of the methods listed on the company's website. If you redeem a gift card in order to pay for an existing subscription, payments using other methods are paused during the period covered by the gift card.

When paying by card or direct debit, you are obliged to ensure that the necessary funds are available in the bank account to which the card or direct debit is linked in order to enable payment to Nextory on each occasion payment is made. If the required funds are not available in your bank account, the validity period of your card has expired, the card has been blocked, or Nextory cannot, for any other reason, accept payment from you on an occasion specified in your User Account when payment will be made, Nextory has the right to block and/or cancel your subscription.

If your subscription is blocked or canceled, you will receive an email notification to the email address associated with your User Account. If you then enable Nextory to take payment without delay, Nextory will reactivate your subscription. For more information on how to lift a block on your subscription, you can log into your User Account or contact customer service.

Receipts for your payments are made available in your User Account and can be downloaded and printed from there.

8. How to Cancel or Not Renew a Subscription That is Valid Until Further Notice

By logging into your User Account, you can refuse to renew your subscription at any time with effect from the end of the current period (either the end of the prepaid period or the end of the current month of subscription). You can also cancel the renewal of your subscription by contacting Nextory directly. Time-limited subscriptions (without automatic renewal) automatically expire at the end of the agreed subscription period without you having to take any action.

If Nextory fails to deliver the Service, you may cancel your subscription with immediate effect.

you've purchased a subscription through an app store (e.g., the App Store or Google Play), the cancellation of your subscription must be done through the app store in question.

9. Nextory May Decide Not to Renew Your Subscription, to Block It, or Terminate It for Negligence or Misconduct at Any Time

(i) Nextory may decide not to renew your subscription, to block it, or terminate it at any time if:

  1. 1. It is not possible for Nextory to take payment using the payment information you have registered in your User Account;
  2. 2. You or any User covered by your subscription has violated these Terms and Conditions, Special Provisions, applicable law, and/or acts in any other way that may cause harm to Nextory or third parties; or
  3. 3. You or any User covered by your subscription has infringed on or contributed to any infringement of the intellectual property rights of Nextory, its licensors, or other interested third parties.

Upon termination of subscriptions as described above, you can reactivate your previous subscription if you register data that enables payment to be taken and notify Nextory of this before your User Account is deleted. Nextory remains authorized to refuse resumption of the subscription.

If Nextory has reasonable grounds to suspect that the circumstances set out in points (ii) or (iii) above exist, Nextory has the right to block your subscription pending investigation of the circumstances. You will not be charged any fees while your subscription is blocked. If a subscription is blocked, its duration will be extended for a duration corresponding to the period it was blocked for if the act of which the User is suspected is not confirmed.

Nextory has the right not to renew your subscription without cause, provided you receive two months' notice.

If your subscription is canceled, you will receive an email notification at the email address associated with your User Account.

10. Availability, Downtime, and Faults

Nextory intends to keep the Service available 24 hours a day, seven days a week. However, Nextory cannot guarantee that the Service is free from errors and/or interruptions which depend on factors such as Internet connection. In the event of a failure/interruption, Nextory will do its best to remedy this without delay, with the least possible inconvenience to the User. In the event of unavailability of the Service for 24 hours or more, Users may request a refund of their subscription for the period of unavailability or an extension of the subscription for the same period. You can alternatively cancel your subscription with immediate effect.

Nextory reserves the right to change, cancel, update, and/or terminate features of the Service at any time. This includes – but is not limited to – functionality, features, content, and visual appearance. A warning may sometimes be sent prior to maintenance of the Service but is not mandatory. Any new content released via the Service is subject to the Terms and Conditions (and any Special Provisions). Any maintenance work shall be carried out as promptly as possible and in a manner that causes the least possible disruption to the User. Nextory's possible exercise of the aforementioned rights does not entitle the User to claim any compensation from Nextory (except if the Service is unavailable for more than 24 hours, as mentioned above).

You agree that your subscription only entitles you to use the Service as it is designed at any time and with the content that it has at any time.

11. Claims

Regardless of the applicable legal rights, complaints can be made orally or in writing to Nextory's customer service department.

12. Processing of Personal Data

The User's personal data is processed in accordance with Nextory's applicable privacy policy, as well as applicable legislation. Nextory's applicable privacy policy can be found at /privacy-policy .

13. Service, Software, and Intellectual Property Rights

The User may only use the Service for their own private and non-commercial use. This means, among other things, that you cannot transfer your subscription to anyone else, and that you may not allow anyone else to use the User Account, except for those Users who are covered by your subscription in accordance with applicable Special Provisions.

The User receives a limited, non-exclusive, non-transferable license to use the Service and its software provided through the App or other technical medium (the "Software"), its content, virtual objects, or other materials for the User's personal, non-commercial use. Nextory retains all ownership and rights to the Software and any further developments or other configurations of the Software, including, but not limited to, source codes, designs, trademarks, and know-how. The User may not (a) re-license or otherwise make the Software available to third parties, (b) copy, decompile, attempt to identify source code, methods, algorithms, or procedures from the Software or otherwise engage in "reverse engineering", modify, adapt, or create new works or software based on the Software, except as expressly stated in the mandatory provisions of applicable legislation, (c) remove, hide, or circumvent Nextory's trademarks or copyright marks in the Software, or (d), attempt to circumvent licenses or other usage restrictions in the Software.

The User may not copy or otherwise produce copies of the content accessed by the User through the Service, and the User undertakes not to disseminate or otherwise make available to the public content or other material available in the Service. This prohibition also covers individual parts of content. Copying and other forms of duplication are not allowed, even for the User's private use. The User undertakes under no circumstances to circumvent any technical measures aimed at preventing the unlawful use of content.

Exceptions from what has been stated above apply to such measures that are permitted under mandatory provisions in the Copyright Act, such as quotations.

14. Limitation of Consultations

Subscriptions offered by Nextory are subject to the provisions of Law No. 2011-590 of May 26, 2011 relating to the price of e-books and its implementing decrees. These texts impose a framework on the prices applied to e-books in order to conform to the principle of fixing a single price for publishers settled in France.

As such, the price of the User's subscription is calculated according to an estimate of the actual consumption of the literary works made available on Nextory's platform and the individual consultation rates set by the partner publishers. The individual consultation rates for access to the literary content made available to the User are fixed in advance by the publishers and are brought to the attention of the User for reference, as part of the sheets of consulted books on Nextory's platform. The subscription price paid by the User for access to literary content will be paid into a common account provided by all Users. The cost of each individual consultation shall be deducted from this joint account on a monthly basis, within the limits of available credits. The User acknowledges being informed that the number of pages that can be read is unlimited, but is subject to the availability of credits on the joint account. Regarding the consumption of the number of credits on a joint account, access to new pages for all Users will be suspended until the number of credits available on the joint account allows the consumption of new pages by Users.

15. Limitations of Liability

The Service is delivered as is and Nextory makes no guarantees, express or implied, except as expressly stated in the Terms and Conditions and mandatory legislation.

The User accepts that Nextory cannot be held responsible or liable for compensation if the User (or a third party) suffers direct or indirect damage or loss caused by, or in connection with, the use of the Service if such damage is not caused by Nextory's negligent conduct. Nextory may at the same time be liable for the damage in question in accordance with the Terms and Conditions or mandatory legislation.

On the company's website, from time to time, there may be links to websites that belong to third parties other than Nextory. Such websites are outside Nextory's control and Nextory is therefore not responsible for their content or for any damage caused by the User's use of information/services found on such third-party websites.

16. Changes and Transfer of the Terms and Conditions

The Service is provided by Nextory. If Nextory transfers the Service to someone else, Nextory also has the right to transfer your subscription to them and Nextory's rights and obligations under the agreement with you concerning the subscription. Nextory also has the right in other cases to transfer or pledge claims on payment to third parties and to instruct subcontractors to provide parts of the Service.

Nextory has the right to make changes to these Terms and Conditions. If Nextory applies this right, Nextory will inform you by email as soon as possible and at least one month before such changes are to be applied. You have the option to cancel your subscription before they come into effect if you do not accept the amended Terms and Conditions referred to in this paragraph. If you do not cancel your subscription, the amended Terms and Conditions will apply from the date Nextory has specified in the email.

17. Contact Details

The company Youboox SAS has the following corporate registration number: 533 814 372 RCS PARIS.

Address: 20 CitΓ© des Fleurs – 75017 PARIS

Website: www.nextory.com/fr-en/

Email: serviceclient@nextory.com

18. Applicable Law and Dispute Resolution

These Terms and Conditions do not limit the rights that You have as a consumer under mandatory consumer protection rules that are in force and applicable at any time in your country.

The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with current French legislation.

The parties expressly submit, for any questions or differences that may arise due to the interpretation, fulfillment, and execution of this contract, to the jurisdiction and competence of French Courts and Tribunals.

In order to file claims in the use of our services, you can contact us by mail at the electronic or physical address indicated in the "Identification" section. We therefore commit to finding an amicable solution to the problem.

The User is informed of the possibility of resorting – in the event of a dispute resulting from a subscription – to a conventional mediation procedure or to any other alternative means of dispute resolution, provided that such a dispute could not be resolved in the context of a prior complaint directly lodged with Nextory.

If a dispute arises between Nextory and the User that cannot be resolved amicably, the User has in many cases the opportunity to have the dispute heard by the Consumer Ombudsman

Referral to AME Conso must be made:

  • - either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
  • - or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

The EU Commission also offers consumers and companies the opportunity to settle disputes through an online procedure; see ec.europa.eu/consumers/odr/ .

If a dispute between Nextory and the User cannot be resolved amicably or out of court, the dispute shall be finally settled by a French general court.