General terms of sale

Article 1 - Purpose and scope

These general terms of sale ("Terms of Sale") govern the sale and supply of the services of PROMOMÉDIA, a simplified joint-stock company (société par actions simplifiée) with a share capital of €1, registered with the Nanterre trade and companies register under number 948 206 438 (SIRET 948 206 438 00012), intra-Community VAT number FR42948206438, whose registered office is at 99 avenue Achille Peretti, 92200 Neuilly-sur-Seine, represented by its president, Benoit Marimpouy ("PROMOMÉDIA"), to any person who orders a service from the customer area ("the Customer").

They supplement the general terms of use. In the event of a contradiction, the Terms of Sale prevail for everything concerning the order, price, payment and termination.

The Customer may be a professional, an association or an individual. Provisions specific to consumers and non-professionals are identified as such.

Article 2 - Services

PROMOMÉDIA offers, depending on the plans in the catalogue displayed in the customer area:

• Streaming: hosting and broadcasting of an audio stream (Start, Pro and Business plans), music library, automatic programming (AutoDJ), relays to other servers, listening statistics;
• Android and iOS mobile apps for radios, with notifications;
• radio websites, Alexa skills and the related one-off services or options.

The precise content of each plan (listening hours, disk space, bitrate, options) is that displayed at the time of the order and recalled on the service's page.

Article 3 - Order, term and withdrawal

3.1. Orders are placed online from the customer area. They require an account whose email address has been confirmed, and acceptance of these Terms of Sale and the Terms of Use.

3.2. The service is provided for a monthly or yearly term, depending on the cycle chosen, tacitly renewed for the same term. The Customer may object to renewal by terminating in accordance with Article 12. For yearly plans, PROMOMÉDIA reminds the Customer by email, before the due date, that it may choose not to renew.

3.3. Free trial: certain plans (Streaming Start) are offered with a 7-day trial, with no credit card and no commitment. At the end of the trial, the service is suspended if the Customer has not taken out the subscription; no sum is charged.

3.4. Right of withdrawal (consumers and non-professionals): the Customer has 14 days from subscription to withdraw without giving a reason, by writing to support from the customer area. If it has expressly requested that the service start before the end of this period, it pays the price corresponding to the part of the service already provided until its withdrawal. It can no longer withdraw once the service has been fully performed, if it requested immediate performance and acknowledged that it would thereby lose its right of withdrawal.

Article 4 - Prices and invoicing

4.1. Prices are stated in euros, inclusive of all taxes (VAT included), the applicable VAT being specified on each invoice. At the date of these Terms of Sale, the Streaming plans cost €29, €54 and €99 incl. VAT per month (Start, Pro, Business). Yearly plans are billed 10 months for 12.

4.2. The options chosen when ordering (bitrate, listening hours, disk space, audio processing) are billed at the displayed rate.

4.3. An invoice is issued at each due date and is available in the "Invoices" tab of the customer area.

4.4. Change of plan: it is carried out by the PROMOMÉDIA team, at the list price of the new plan, without pro rata; the current billing period does not change.

4.5. PROMOMÉDIA may change its prices. Any change is notified to the Customer at least 30 days before it takes effect; the Customer may terminate without penalty before that date.

Article 5 - Payment

5.1. Payment is made by bank card through our secure provider Stripe. PROMOMÉDIA does not keep any card data.

5.2. If a payment fails, the Customer is informed by email. The service may be suspended if the situation is not remedied within 7 days.

5.3. For professional customers, any late payment automatically gives rise to penalties equal to three times the legal interest rate, together with the fixed recovery indemnity of €40.

Article 6 - Quotas and reasonable use (Streaming)

6.1. Each plan includes a quota of listening hours per month and disk space for the music library. A listening hour is the sum of the durations of all listener connections (MP3 and AAC streams); connections of less than 10 seconds and relays are not counted. The counting period begins on the service's anniversary date.

6.2. When 80% of the hours quota is reached, the Customer is notified by email. At 100%, it is notified and has 3 days to reduce its consumption or change plan. If the overrun continues at the end of these 3 days, the stream may be cut off until the following period, until a change of plan, or until the block is lifted by the team.

6.3. The number of simultaneous listeners is monitored but is not capped by default.

Article 7 - Customer's obligations

7.1. The Customer is solely responsible for the content it broadcasts (music, lyrics, advertisements, information) and warrants that it holds all necessary rights: copyright and related rights, declarations to collective management organisations (SACEM, SCPP, SPPF, SACD, etc.), broadcasting authorisations, as well as the declarations or authorisations required, where applicable, by audiovisual communication regulations (in particular with ARCOM).

7.2. The Customer shall not broadcast any unlawful, defamatory or hateful content, or content infringing third-party rights. PROMOMÉDIA may suspend the service immediately in the event of manifestly unlawful content or at the request of an authority, after informing the Customer where possible.

7.3. The Customer protects its credentials (including the stream source password) and enables two-factor authentication when it is offered. Any action carried out with its credentials is attributable to it.

7.4. Mobile apps: publication on the App Store and Google Play is subject to the rules of those platforms and to their fees. Developer accounts are opened in the Customer's name, which bears the costs. As a paid option and at PROMOMÉDIA's discretion, the app may be published from a PROMOMÉDIA account. PROMOMÉDIA does not guarantee that a platform will accept an app.

Article 8 - Availability and support

8.1. PROMOMÉDIA undertakes to use reasonable means to ensure continuity of service. No guaranteed availability figure (SLA) is offered. Maintenance work may cause interruptions; they are announced when foreseeable.

8.2. Technical support is available 24 hours a day by ticket from the customer area ("Support" tab), with a reply in principle within 12 hours.

8.3. Backups of the platform are made by PROMOMÉDIA for its own disaster recovery; they do not replace the Customer's backups. The Customer keeps a copy of its audio files.

Article 9 - Liability

9.1. PROMOMÉDIA is bound by an obligation of means.

9.2. In the event of unavailability of the service attributable to it, the Customer obtains, on request, a credit corresponding to the duration of the unavailability, calculated pro rata to the price paid for the period concerned. This credit constitutes the exclusive remedy for loss relating to the unavailability, without prejudice to the rights that a consumer or non-professional Customer holds by law.

9.3. PROMOMÉDIA is not liable for indirect damages (loss of audience, advertising revenue or image), for interruptions attributable to networks, hosts, platforms or third-party providers, or for the content broadcast by the Customer.

Article 10 - Intellectual property

PROMOMÉDIA retains all rights in its software, interfaces and trademarks. The Customer retains its rights in its content, trademarks and logos, and grants PROMOMÉDIA the right to host and broadcast them for the sole purposes of the service.

Article 11 - Personal data

11.1. For the data of its customers and of the users of the customer area, PROMOMÉDIA is the data controller, in accordance with its privacy policy.

11.2. For the data of the listeners of the Customer's apps (for example notification tokens, dedications), the Customer is the data controller and PROMOMÉDIA the processor. The corresponding commitments (Article 28 of the GDPR) are set out in a data processing agreement, which forms part of these Terms of Sale.

11.3. The Customer may exercise its rights (access, rectification, erasure, etc.) at the contact details given in the Terms of Use.

Article 12 - Termination

12.1. By the Customer: from the customer area ("Request termination"). Termination takes effect at the end of the period already paid; the Customer keeps its service until that date, with no refund of the price of the period begun.

12.2. By PROMOMÉDIA: in the event of a serious breach by the Customer (unpaid sums not remedied, unlawful content, breach of security), after a formal notice left without effect for 8 days, except in an emergency.

12.3. Effects: on termination, the stream is cut off. The Customer's data and files are kept for 30 days so that it can retrieve them, then deleted.

Article 13 - Force majeure

Neither party is liable for a failure due to an event of force majeure within the meaning of Article 1218 of the Civil Code.

Article 14 - Governing law, disputes and mediation

14.1. These Terms of Sale are governed by French law.

14.2. The parties first seek an amicable solution. Failing that, disputes with a professional Customer fall within the jurisdiction of the courts of Nanterre, including in summary proceedings or where there are several defendants. A consumer Customer may bring the matter before the court with territorial jurisdiction under the statutory rules.

14.3. If the Customer is a consumer or non-professional, it may use the consumer mediator CM2C (Centre de la médiation de la consommation de conciliateurs de justice) free of charge, 49 rue de Ponthieu, 75008 Paris, website: www.cm2c.net, after sending a written complaint to PROMOMÉDIA.

Article 15 - Changes to the Terms of Sale

The applicable Terms of Sale are those in force on the date of the order. Any change is notified to the Customer at least 30 days before it applies and applies to subsequent renewals; a Customer who does not accept it may terminate.

Version of 4 November 2026.