Terms

Terms and Conditions of Service

qeels.io
QEELS CREATORS
Version of May 23, 2023

QEELS is a simplified joint stock company with capital of 1,000 euros, registered in the Nanterre Trade and Companies Register under number 912 943 891, with its registered office at 100 Rue de la Garenne, 92350, LE PLESSIS-ROBINSON - France (hereinafter "QEELS").

QEELS enables the promotion of company products and services via a digital platform. To this end, QEELS acts as an operator connecting Customers and Creators on the TikTok Platform to share and promote the Customer's products and services via the Creators' Content.

These General Terms and Conditions of Service (hereinafter the "GTCS"), entered into between QEELS and the Creators, are deemed accepted on the date the Creator registers for one of the Promotional Operations on the QEELS Website, or failing that, on the date the performance of the services covered hereby begins. The GTS, any special conditions and any appendices thereto thus determine the entirety of the contractual obligations of the Parties and cancel and replace any prior oral or written agreement. The Creator declares that he/she has read the GST and the Rules posted on the QEELS website, understands their terms and conditions and accepts them without restriction or reservation. Any condition to the contrary shall therefore be unenforceable against QEELS. The GTS and the Regulations may only be modified by special written agreements signed between QEELS and the Designer.

Article 1: Definitions

Les termes, mentionnés ci-dessous, ont dans les présentes Conditions Générales de Services, la signification suivante :

‍Client désigne une personne morale agissant à des fins strictement professionnelles souhaitant bénéficier de la promotion de ses produits et services et ayant dans ce cadre élaboré avec QEELS une ou plusieurs Opérations Promotionnelles ;

‍Compte Créateur désigne un accès au Dashboard du Site Internent permettant à chaque Créateur de voir ses performances sur les différentes Opérations Promotionnelles ;

‍Conditions Générales de Vente ou CGV désigne les conditions générales régissant les relations entre QEELS et les Clients ;

‍Conditions Générales d’Utilisation désigne les conditions générales d’utilisation régissant l’utilisation de la Plateforme ;

‍Conditions Générales de Services ou CGS désigne les présentes conditions générales de services ;

‍Contenu(s) désigne l’ensemble des photographies, vidéos, musiques, fichier audio, Lives, informations, textes, animations, et de façon générale tous les éléments et contenus créés par un Créateur et publiés par ce dernier sous sa seule responsabilité sur la Plateforme selon les modalités, la forme et les conditions qui lui sont imposées par le Client dans le cadre de l’Opération Promotionnelle ;

‍Budget Créateur désigne le budget réservé par le Client à la rémunération des Créateurs dans le cadre de chaque Opération Promotionnelle ;

‍Contrat désigne ensemble les présentes Conditions Générales de Services et le Règlement ;

‍Créateur désigne toute personne physique ou morale inscrite sur la Plateforme en qualité d’utilisateur (au sens des CGS de la Plateforme), partageant les Contenus dans le cadre d’une Opération Promotionnelle, par l’intermédiaire de la Plateforme ;

‍Opération Promotionnelle désigne la mise en œuvre d’une campagne de communication sur le Site internet de QEELS en vue de la génération de Vues par les Créateurs sur la Plateforme ;

‍Palier de Vues désigne un certain nombre de Vues minimum déterminé dans le Règlement à atteindre par un Créateur sur un Contenu dans le cadre d’une Opération Promotionnelle. Le règlement détermine le nombre de vues minimum.

‍Parties au pluriel, désigne ensemble QEELS et le Créateur. Au singulier, désigne une seule des deux Parties ;

‍Plateforme désigne la Plateforme TikTok en ligne accessible à l’adresse suivante : https://www.tiktok.com/fr/ ou par les applications mobiles correspondantes. La Plateforme regroupe l’ensemble les pages web, services et fonctionnalités proposés aux Utilisateurs ;

‍Profil désigne la page de présentation du Créateur sur la Plateforme, dans laquelle est présentée tant l’activité de ce dernier que les Contenus qu’il propose dans le cadre des Opérations Promotionnelles proposées sur le Site Internet ;

‍QEELS désigne la société par actions simplifiée au capital de 1.000 euros, immatriculée au Registre du Commerce et des Sociétés de Nanterre sous le numéro 912 943 891, dont le siège social est 100 Rue de la Garenne, 92350, LE PLESSIS-ROBINSON – France ;

Règlement désigne pour chaque Opération Promotionnelle les règles, fixées par QEELS et le Client que le Créateur s’engage impérativement à respecter. Chaque Règlement comprend notamment :
- Le Budget Créateur correspond au montant maximum prévu par le Client dans le cadre de l’Opération Promotionnelle ;
- Le nombre maximum de Vues faisant l’objet d’une Rémunération pour l’Opération Promotionnelle (ci-après le « Plafond de Vues ») ;
- La rémunération attribuée pour chaque Palier de Vues franchi par un Créateur sur un Contenu pour l’Opération Promotionnelle ;
- La date de début et de fin de l’Opération Promotionnelle ;
- Le Brief fourni par le Client ;
- Le Palier de Vues ;

‍Site Internet désigne le site internet de QEELS accessible à l’adresse suivante : https://qeels.io/ ou par les applications mobiles correspondantes. Le Site internet regroupe l’ensemble les pages web, services et fonctionnalités proposés aux Utilisateurs. Il permet la mise en ligne d’Opérations Promotionnelles visant à permettre :
- Au Client de proposer une Opération Promotionnelle ;
- Aux Créateurs de participer à une Opération Promotionnelle sur la Plateforme ;

‍Utilisateur désigne toute personne qui accède et navigue sur la Plateforme et/ou sur le Site internet, qu’elle soit Créateur ou simple internaute ;

‍Vues correspond à la définition de « vues » retenue par la Plateforme.

Article 2: Services

2.1 Description of Services

In order to participate in the Promotional Operation, the Creator must register on the page of the QEELS Website corresponding to the Promotional Operation in which he/she wishes to participate (hereinafter the "Registration"). When registering, the Designer provides QEELS with his or her information and contact details, in particular his or her SIRET number.

The services provided by the Creator consist of the production of one or more Content(s) aimed at promoting the Customer's products, services and brand on the Platform, in strict compliance with the conditions defined in the Rules.

In any event, for the Creator's participation in a Promotional Operation to be valid, each Content by the Creator must :
- Be a public post on the Creator's Profile; and
- Comply with the criteria and conditions set by the Customer and set out in a brief communicated to the Creator (hereinafter the "Brief");
(hereinafter the "Services").

Once a Content has been posted, the Creator must copy the url link of his or her TikTok Content and paste it into the corresponding Promotional Operation on the dedicated page of the QEELS website. By submitting his or her Content to the Promotional Operation, the Creator expressly and irrevocably undertakes, by ticking the dedicated box on the Website, to sign and abide by the Rules and Regulations as well as the conditions set out above.
‍
The Creator is fully aware that if he or she fails to abide by the provisions of the T&Cs, the Rules and Regulations or the conditions set out above, his or her participation in the Promotional Operation will be cancelled and he or she will not be entitled to the remuneration set out in article 3 of these T&Cs.

2.2 Duration of services

The Services may be provided by the Creator throughout the duration of the Promotional Operation, as defined below. The Promotional Operation ends on the earliest of the following dates:

(i ) as soon as the Creators have together reached the Threshold of Views set by QEELS and the Customer and indicated in the Rules, on their Content published on the Platform;
(ii) at the end of the Promotional Operation, the start and end dates of the Promotional Operation being set out in the Rules.(hereinafter the "Promotional Operation Duration").

2.3 Authorization for Services

Creators participating in a Promotional Operation authorize QEELS to use and publish their first and last names and pseudonym(s) and the Content(s) produced within the framework of the Promotional Operation, for promotional or purely informative purposes in relation to the Promotional Operation.

This information and Content may be distributed on the Website, on QEELS' social networks, as well as within the framework of digital advertising campaigns. However, QEELS undertakes to include the names of the Creators whenever their Content is used.

In addition, the Creators grant a non-exclusive license to use the aforementioned information and Content, worldwide, for commercial and/or non-commercial and/or advertising and/or promotional purposes, without any right or remuneration being claimed from QEELS other than the Remuneration (as this term is defined below) received for the Creator's Services within the framework of the Promotional Operation.

Article 3: Payment for services

3.1 Determining Compensation

3.2 Compensation terms and conditions

It is perfectly understood between the Parties that each Creator is remunerated for each Level of Views reached during the Promotional Operation only.
Subject to perfect communication by the Creator of his bank details, QEELS will pay each Creator the Remuneration due to him within thirty (30) days of the Payment Request.

In addition, the Customer has defined in advance with QEELS a Creator Budget for each Promotional Operation, corresponding to a View Ceiling. Once the View Ceiling has been reached collectively by the Creators participating in the Promotional Operation, no further Remuneration will be due by QEELS to Creators who reach new View Ceilings.

Finally, it is expressly agreed between the Parties that each Creator, individually, may not receive more than 25% of the Creator Budget for a Promotional Operation.

3.3 Remuneration billing mandate

The Creator acknowledges and accepts that by registering for a Promotional Operation, the Creator unreservedly agrees to enter into a billing agreement with QEELS (hereinafter the "Billing Agreement"). Under the terms of the Billing Mandate, the Creator, as principal, entrusts QEELS, as agent, exclusively with the drawing up and issuing of its invoices for the Services carried out within the framework of the Promotional Operation.

The Creator agrees to upload to the Website the documents required concerning him/her for the purposes of fulfilling his/her obligations within the framework of the fight against undeclared work, as well as the rules of transparency for the purposes of the fight against tax fraud, money laundering and the financing of terrorism. The Creator provides QEELS with all the information required to draw up the invoices, which can only be issued by QEELS once the Promotional Operation has ended.

In the event of a justified request to rectify the invoice, QEELS undertakes to issue a corrective invoice without delay. Invoices issued by QEELS shall expressly refer to the Billing Mandate insofar as they bear the following wording: "Invoice issued by [name of Customer] in the name and on behalf of [name/denomination of Designer]", or any equivalent wording.

The Designer acknowledges that the updating of all information relating to its legal, accounting and tax situation is essential to the performance of the Billing Mandate and therefore undertakes to inform QEELS without delay of any change likely to have an impact on its performance (change of registered office, corporate form, etc.).

QEELS undertakes to comply with all legislation applicable to invoicing, and in particular to ensure that all invoices include the appropriate accounting and tax information (including VAT where applicable). The Creators remain solely responsible for their accounting and tax obligations with regard to the issue of their own invoices.

QEELS will provide the Creator with copies of all invoices issued under the Invoicing Mandate. The Creator shall immediately dispute any invoices issued in its name and on its behalf by QEELS and, at the latest, fifteen (15) days after the issue of said invoice.

The Billing Mandate will take effect from the date of the Creator's Registration on the Website.

Article 4: Designer's rights and obligations

4.1 Obligations of the Creator

In performing the Services, the Designer undertakes to read and strictly comply with the Brief published by the Customer, which has been communicated to him in advance on the Website as part of his participation in a Promotional Operation.

In accordance with current legislation and regulations, in particular the provisions of article 20 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy and those of article 121-4 of the French Consumer Code, as well as the rules in force on the Platform, the Designer also undertakes to display on the Content(s) information clearly indicating their advertising and promotional nature, as well as the identity of the Customer.

The Creator undertakes not to include in his or her Content any message or behavior :
- Including content that is hateful, inciting to hatred, defamatory, containing insults or abuse;
- Constituting harassment;
- Offending public decency;
- Condoning or encouraging any form of discrimination on the grounds of race, ethnic origin, religion, disability, sex, age, sexual orientation or identity, or physical appearance.

Furthermore, the Creator undertakes not to offer Content that :
- do not comply with the laws and regulations in force, with the rules of use laid down by the Platform, or which infringe the rights of third parties, in particular intellectual property rights;
- whose content could damage the image and/or reputation of QEELS, the Customer, its brands, products and services;
- would use or rely on practices or techniques of forced click connections or incitement to click;
- would contain links to other sites with the characteristics listed above.

The Creator further undertakes to maintain the Content(s) produced as part of a Promotional Operation, on the Platform, for at least the duration of the Promotional Operation and for a period of 6 months from their publication on the Platform (hereinafter the "Content Maintenance Period").

In this respect, it is perfectly understood between the Parties that, at the end of the Content Maintenance Period, each Creator may freely delete any Content posted on the Platform as part of the Promotional Operation.

All content published by the Creator is under his or her entire control and sole responsibility.
The Creator undertakes not to put Content online that may harm the interests of third parties. Any legal action taken by an injured third party against QEELS or the Customer shall be borne in full by the Designer.

It is expressly agreed between the Parties that the Designer may not, for any reason whatsoever, bring a claim directly against the Customer or QEELS.

4.2 Breach of the Designer's obligations

In the event of a serious and/or repeated breach by a Creator of his or her obligations, QEELS may temporarily suspend the Creator's access to his or her Creator Account, without delay. The Creator will be notified of the suspension and its duration by e-mail to the e-mail address provided when registering on the Website.

In the event of a breach so serious as to prevent the continuation of any contractual relationship between QEELS and the Creator, or in the event that the Creator has already been the subject of several suspensions, QEELS reserves the right to definitively and unilaterally delete the Creator's Creator Account.

Suspension and/or deletion of the Creator Account will result in the Creator being prohibited from participating in Promotional Operations.

4.3 Creator's intellectual property rights

The Content published by a Creator on the Platform and posted on the Website by his or her Creator is and remains the exclusive property of said Creator. As such, this Content is protected by the French Intellectual Property Code, and more specifically by copyright.

A license to use this Content is granted to QEELS, in accordance with article 2.3 of these GTS.
Each Creator guarantees that he/she holds all intellectual property rights and, where applicable, image rights relating to the Content published on the Platform and on the Website by him/her.

In any event, QEELS may not be held liable for any act of counterfeiting or infringement of image rights, given its simple capacity as host of the Content published by Creators on the QEELS Website.

4.4 Assignment of the Designer's intellectual property rights

In accordance with the operating license granted by the Creator to QEELS, QEELS is free to assign to the Customer concerned the rights to use the Creator's Content as part of the Promotional Operation (hereinafter the "Assignment of Rights"). In this respect, QEELS undertakes to pay additional remuneration to the Creator for each Assignment of Rights. This additional remuneration will be determined in the Regulations.

Article 5: Qeels' obligations

QEELS undertakes to enter into a contract, by means of the General Terms and Conditions of Sale, with each of the Customers proposing a Promotional Operation, for the implementation of the latter.

QEELS undertakes to implement a Promotional Operation on its Internet Site only in its own name. QEELS agrees not to subcontract all or part of the publication of the Promotional Operation to a third party.

QEELS undertakes to remunerate the Creators for the Services performed by them, in accordance with article 3 hereof and subject to the Creator's compliance with these GTS.

Article 6: Liability of Qeels

The Content published by the Creators as part of the Services is published on the Platform. In this respect, QEELS shall not be held liable for any malfunctions on the Platform or for any technical maintenance operations intended to improve the Platform.

The Creator expressly accepts that QEELS shall not be held liable for any direct, indirect, incidental, special, consequential or punitive damages, etc., as well as for any loss of profits or revenues, which may be incurred by the Creator directly or indirectly in connection with access to or use of the Platform.

Furthermore, QEELS shall not be held liable for any moderation carried out on the Content by the Platform. Thus, QEELS shall not be held liable in the event of the removal of Content posted by the Creator by the Platform, resulting in the withdrawal of the Creator's participation in the Promotional Operation.

QEELS makes every effort to ensure that the Website is accessible and functions properly.

Nevertheless, given the limitations of the Internet, QEELS cannot exclude the possibility that access to and operation of the Website may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, malfunction of the User's Internet network, or maintenance operations to improve the Website.

Consequently, QEELS shall not be held liable for any interruption of the Website, whether voluntary or involuntary, it being specified that QEELS undertakes to make its best efforts to limit any interruptions for which it is responsible.

Each Party shall be solely responsible for its own activities, without this being limitative, with regard to intellectual property, competition law, deceptive commercial practices, data law, personal data and commercial prospecting rules, particularly by electronic means.

The Services comply with the regulations in force in France. QEELS may not be held liable in the event of failure to comply with the legislation of the country in which the Designer has other activities, which it is the Designer's responsibility to check. Whatever the content of the Services, the liability of QEELS is expressly limited to compensation for direct damages proven by the Designer. Under no circumstances shall QEELS be held liable for indirect damages such as loss of data or files, operating loss, commercial loss, loss of earnings, or damage to the image or reputation of the Designer.

IN ANY EVENT, QEELS' LIABILITY IS CAPPED AT THE AMOUNT ACTUALLY PAID TO THE DESIGNER WHOSE SERVICES CONSTITUTE THE EVENT GIVING RISE TO LIABILITY, EXCLUDING TAXES AND COSTS. THIS AMOUNT IS UNDERSTOOD TO BE THE MAXIMUM THAT QEELS MAY BE REQUIRED TO PAY BY WAY OF COMPENSATION, DAMAGES AND/OR PENALTIES, IN CONNECTION WITH THE CONCLUSION, PERFORMANCE OR TERMINATION OF THE PRESENT CONTRACT, REGARDLESS OF THE GROUNDS FOR THE ALLEGED PREJUDICE AND THE LEGAL GROUNDS USED.

Article 7: Tax obligations of the Designer

In accordance with article 242 bis of the French General Tax Code, QEELS undertakes to:
- At the time of each Promotional Operation, provide the Designer with information relating to the tax and social security regimes applicable to the Designer's Remuneration, the resulting reporting and payment obligations to the tax authorities and the organizations responsible for collecting social security contributions, and the penalties incurred in the event of failure to meet these obligations (see Appendix 1: Information on civil and fiscal obligations);
- Issue to the Designer, at the end of each Promotional Operation, a summary of the Remuneration paid to the Designer;
- Issue to the Designer in January of each year a document summarizing the gross amount of Remuneration received by the Designer in connection with the various Promotional Operations during the previous year.

Article 8: Resolutive clause

Non-performance and/or breach by either of the Parties of the provisions of the GTS and/or the Regulations, eight (8) Days after formal notice by any means and in particular by e-mail, shall result in the automatic and immediate termination of the present contract, without prejudice to any other claims or complementary actions in warranty or damages.

Article 9: Force majeure

The performance of the Services under the terms of the Regulations and these GTS is automatically suspended in the event of a fortuitous event or force majeure which prevents their performance. QEELS may not be held liable by the Designer for any technical failure, and in particular in the event of temporary interruptions to third-party services necessary for the performance of the Services, and more generally for any cause beyond its control.

In the event of the incapacity to work of the third party(ies) involved in the performance of the Services, in the event of the occurrence of a case of force majeure or fortuitous event, within QEELS, as a result of illness or accident, QEELS reserves the right to modify the conditions agreed between the Parties without the Creator being able to demand the payment of any compensation whatsoever. QEELS will notify the Designer within a reasonable time of any incapacity and, as far as possible, of the duration thereof, and will endeavour to find an equivalent solution for the performance of the Services.

Article 10: Insurance

Each of the Parties shall be personally responsible for the operation of its business, and for obtaining any authorizations and/or licenses from the administrative authorities and security services, in order to comply with the laws, regulations and standards in force.

Each of the Parties undertakes, for the entire duration of the present contract, to take out and/or maintain in force, with one or more insurance companies known to be solvent, a professional civil liability insurance policy for all damage caused by itself and/or its employees, and all other insurance policies covering the risks arising from the performance of the Services covered by the present contract, and waives all actions and/or recourse against the other Party and/or its insurers in this respect. Each of the Parties shall immediately produce, at the request of the other Party, a certificate of insurance relating to the said policy(ies). Each Party must inform the other Party of any modification, suspension or cancellation of its insurance policies.

Article 11: Non-solicitation

The Designer waives the right, without prior written consent, to make direct or indirect offers of employment or assignments to Customers or to any employee, third party service provider or business partner who has worked with QEELS in connection with the Services in any capacity whatsoever.

This waiver is valid for a period of twelve (12) months from the completion of the Services provided for herein and in the Regulations. In the event of breach of this clause by the Designer, QEELS reserves the right to terminate the contract to the detriment of the Designer and/or to hold the Designer liable and to claim damages in the amount of the prejudice suffered.

Article 12: Independence of the parties

Each of the Parties remains totally independent and autonomous vis-à-vis the other Party. The Parties declare, insofar as is necessary, that the Contract expressly excludes any desire on their part to create a company, association or any other structure whose purpose is to pool skills or share profits in any form whatsoever.

Article 13: Right of substitution

In order to allow the continuation of its activities in the event of a substantial change in its legal and/or capital structure and/or in the event of a reorganization of its activities, QEELS shall have the right to substitute one or more of its subsidiaries or affiliates as well as its parent company and/or any companies of the Group to which it belongs for all or part of the rights and obligations provided for herein. QEELS may also assign and/or transfer all or part of its rights and obligations hereunder to its existing or future subsidiaries or affiliates, as well as to its parent company and/or any companies of the Group to which it belongs and/or to any third party of its choice. Such assignment shall be effective against the Creator provided that it has been notified to the Creator by any means.

In the aforementioned cases, QEELS will remain guarantor of the respect of the execution of the rights and obligations thus transferred. Subsidiary or Affiliate means any company wholly or partly owned by QEELS and/or the Group to which it belongs. The third party transferee shall be solely liable to the Creator for the performance of the said rights and obligations arising from the commitments signed between QEELS and the Creator.

Article 14: Confidentiality

The Designer undertakes to maintain strict confidentiality with regard to all exchanges and information transmitted to him or of which he may become aware during his participation in one or more Promotional Operations, whether such exchanges and information concern QEELS or the Customers.

Article 15: Qeels intellectual property

Trademarks, logos, signs and all content on the Website (text, images, sound, etc.) are protected by the French Intellectual Property Code, and in particular by copyright.

Any representation and/or reproduction and/or use, in whole or in part, of the Website and/or of the QEELS trademark, of any kind whatsoever, is strictly prohibited without the express prior authorization of QEELS, failing which it constitutes an infringement of copyright, punishable by articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code. Failure to do so constitutes an infringement of copyright, punishable under articles L 335-2 et seq. and L 713-1 et seq. of the French Intellectual Property Code.

Acceptance of these GTS constitutes recognition by the Creator of QEELS' intellectual property rights and an undertaking to respect them.

Article 16: Personal data

QEELS declares that it complies with the legal and regulatory provisions applicable to the protection of personal data in the context hereof, and more particularly (1) Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, as amended by the Law of June 20, 2018, and any regulations intended to supplement or replace it; and Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the "Regulations" ). He acts as the data controller for the Services. He expressly acknowledges that he is acting on his own behalf, and that he assumes all the consequences associated with this capacity. It guarantees that it will inform the persons concerned of their rights to access their data or to object to the processing of their data under the conditions provided for by the Regulations, and of the conditions for exercising the rights of the persons concerned. QEELS also guarantees against all claims of any nature whatsoever and recourse directly or indirectly involving the Designer in connection with the Services. In the event that QEELS violates the Regulations and/or its commitments with respect to the protection of personal data, the Creator may hold QEELS liable for the damage suffered unless the Parties amicably and by mutual agreement agree to compensate the Creator. This clause shall survive the end of the Promotional Operation Duration for any reason whatsoever.

QEELS may be required to process personal data communicated by the Creator within the framework of the Promotional Operation in order to meet its contractual and legal obligations, which the Creator acknowledges and accepts. The data collected will be (i) kept by QEELS for the duration of the Promotional Operation, increased where applicable by the limitation periods applicable with regard to the nature of the relationship between the Parties and/or legal or regulatory obligations; (ii) communicated only to the representatives in charge of the Promotional Operation, and more specifically the legal department, the accounting department and the production teams.

Article 17: Invalidity of provisions

If one or more stipulations of the GCS are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent Jurisdiction, the other stipulations will retain all their force and scope. The Parties then agree to replace the stipulations declared null and void in such a way as to maintain the economic balance of the present contract.

Article 18: Applicable law and jurisdiction

These GCS are governed by French law, unless otherwise stipulated. They are written in the French language, which the Creator declares he fully understands and accepts. In the event that they are translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.

In the event of a dispute between the Parties, the latter shall endeavor to settle the dispute amicably within a maximum period of 30 (thirty) days from the date on which the dispute arose. Failing this, the dispute will be referred to the competent courts within the jurisdiction of the PARIS Court of Appeal. For the performance of the present contract, QEELS elects domicile at the address appearing in the present contract, and the Creator elects domicile at the address provided by the Creator when registering on the Website.

For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.

Article 19: Electronic signature

The Parties have expressly agreed to sign these GTS by electronic signature in accordance with the provisions of articles 1367 et seq. of the French Civil Code, and accordingly declare that the electronic version of these documents constitutes the original thereof and is perfectly valid and enforceable between them.

The Parties expressly acknowledge and agree that the Regulations together with the GTS, duly signed and exchanged in electronic format, are electronic writings within the meaning of articles 1366 et seq. of the French Civil Code, and constitute original documents between the Parties with the same value and probative force as a paper writing. They also prevail over any other writing with identical content (including date); are proof between the Parties of the medium and content they represent; justify the consequences and transactions that may result from them; are admissible as proof before the competent courts.

The Parties therefore undertake not to contest the admissibility, enforceability or probative value of the GTS and Regulations signed in electronic form.

Appendix 1: The Creator's civil and tax rights and obligations

QEELS wishes to provide optimum support to all Creators in their participation in Promotional Operations.

QEELS wishes to inform all Creators who generate income on the Website of their civil and tax obligations in relation to the generation of income via the Website.

In this case, all the useful information in this area is grouped together in educational sheets setting out the rules applicable to the declaration of income and the payment of social security contributions.

This information can be consulted at the following addresses:
- On www.impots.gouv.fr, concerning tax obligations, link below: https: //www.impots.gouv.fr/portail/node/10841;
- On www.urssaf.fr, concerning social obligations, link below: https: //www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.html;
- The following information sheets for designers are also available in French at the following addresses: https: //www.impots.gouv.fr/portail/files/media/1_metier/1_particulier/EV/1_declarer/141_autres_revenus/eco-collabo-fiscal-service.pdf;
- For VAT payments, designers are invited to consult the information provided by the French authorities: https://www.impots.gouv.fr/professionnel/je-recherche-les-regles-de-territorialite-tva-page-en-cours-de-creation

For social protection purposes, this income must be eligible for health insurance or pension entitlements. The same applies to tax: the income generated must be subject to tax.

The above explanations are given for information purposes only, and do not replace the Creators' reading of legislative texts, administrative comments and French case law.

QEELS stresses that the rules set out above are subject to change (in particular the various thresholds, which are re-evaluated each year), and that the Creator participating in a Promotional Operation is solely responsible for his or her legal obligations, and in particular tax and social obligations.

In addition, the tax authorities and social security funds are able to supplement this information and answer any questions.

QEELS therefore recommends that Creators contact their tax office, social security fund or specialist advisor in case of doubt.