Terms and Conditions

1. Identification of DANCR

DANCR (“DANCR”) is a simplified joint stock company registered in the Paris Trade and Companies Register under number 920 177 763, with its registered office at 12 Rue du Général Camou 75007 Paris.

DANCR can be contacted using the following details:

• e-mail address: hello@dancr.co
• telephone number: +33 6 38 62 29 87

2. Services offered

DANCR offers community-led and AI augmented dance practice services based on dance routines videos, captured and shared in-app by pro users (“Leaders”), that are subsequently augmented by DANC·R's AI and other users (“Followers”) access self-assessment tools to monitor their performance and progression (the “Services”).

The content is accessed via a mobile application (the “Application”). Leaders and Followers hereinafter collectively referred to as the "Users".

3. Contractual documents

Application of the Terms and Conditions

The terms and conditions (the “Terms and Conditions”) constitute the sole document governing DANCR's contractual relationship with the User and define:

• the terms of use of its Services,
• the respective obligations of the parties.

Acceptance of the Terms and Conditions

The User accepts the Terms and Conditions by ticking a box on the registration form. If the User does not accept the Terms and Conditions, the User will not be able to access the Services.

They may be supplemented by specific conditions which, in the event of contradiction, take precedence over the Terms and Conditions.

The availability of the Application depends on the third-party stores from which it is downloaded, such as the Apple App Store or the Google Play Store (each referred to as an “Application Store”). Each Application Store may impose its own terms and conditions that must be accepted before downloading applications from the platform.

The use of the application is subject to compliance with these Application Store terms and conditions. In case of any conflict between the Application Store’s terms and these Terms of Use, the more restrictive or conflicting provisions of these Terms and Conditions shall apply.

4. Conditions of access to Services

(i) The User is:

• an individual who is at least 13 years old and has obtained the consent of their legal representative, and they agree to provide DANCR with the email address of their representative so they can be contacted.

OR

• a legal entity acting through a natural person who has the power or authority required to enter into a contract in the User's name and on the User's behalf.

(ii) The User is:

• a consumer, understood as any natural person acting for purposes which are outside his or her trade or profession;

OR

• a professional, understood as any natural person or legal entity acting for purposes within the scope of their commercial, liberal activity, including when acting in the name of or on behalf of another professional.

If the User is a Leader, the latter has the status of a professional, as defined above. A Leader can also train on the content of other Leaders and purchase it, like a Follower.

5. Access and subscription to the Services

To benefit from the Services, the User must have the following hardware or software: a mobile phone compatible with iOS or Android.

To subscribe to the Services, the User must complete the designated form on the Application. The User must provide DANCR with all information marked as mandatory.

Registration automatically results in the creation of an account in the User's name (the "Account"), allowing them to access the Services using their login credentials and password.

6. Description of the Services

6.1. Services

Before subscribing, the User acknowledges that they can review the characteristics of the Services and their constraints, including technical aspects, on the Application.

The User acknowledges that using the Services requires an internet connection and that the quality of the Services depends on this connection, for which DANCR is not responsible.

The Services subscribed to by the User are described on the Application, and on the official website (the “Site”): https://dancr.co/

The Application provides Users with access to an AI-powered dance training system based on video comparisons. The Services include, in particular:

• Access to dance videos published by Leaders (each referred to as a “Leader Video”).
• For Followers, the ability to purchase, through Credits, the right to use a Leader Video as a reference for AI-enhanced training.

To engage in AI-enhanced training, a Follower selects a Leader Video and uploads their own dance video (the “Training Video”) in an attempt to replicate the movements of the Leader. The Application then compares the Training Video with the selected Leader Video and provides AI-powered movement analysis to enhance the Follower’s training experience.

Upon uploading a Training Video, the Follower gains access to personalized data, including movement duration, alignment accuracy, and progress tracking.

DANCR reserves the right to offer additional Services.

6.2. Maintenance, Hosting, Support

7.2.1. Maintenance

The User benefits from maintenance services throughout the duration of the Services, including corrective and evolutive maintenance. As a result, access to the Application may be limited or suspended.

For corrective maintenance, DANCR will make its best efforts to provide corrective maintenance to fix any malfunctions or bugs identified in the Application.

For evolutive maintenance, the User benefits from ongoing updates, which DANCR may implement automatically and without prior notice. These updates include functionality improvements, the addition of new features, and/or technical upgrades related to the Application (introducing minor or major enhancements).

Updates will be carried out throughout the duration of this use of the Services.

The User must agree to install necessary updates to ensure the Services remain compliant, meaning they continue to function as initially agreed upon and as expected at the time of subscription.

Additionally, DANCR may implement updates that are not strictly necessary for maintaining the compliance of the Services. In such cases, the User has the right to refuse or uninstall these updates if they negatively impact access to or use of the Services.

Access to the Application may also be limited or suspended for scheduled maintenance, which may include the corrective and evolutionary maintenance operations described above.

7.2.2. Hosting

DANCR ensures, under a best-effort obligation, the hosting of the Application, as well as the data generated and/or entered by or on the Application, either on its own servers or through a professional hosting provider, with servers located in a territory within the European Union.

7.2.3. Technical assistance

In case of difficulty encountered during the use of the Services, the User can contact DANCR using the contact details mentioned in the "Identification of DANCR" section.

The technical support service is available from Monday to Friday, excluding holidays, from 8 AM to 6 PM (CET Time Zone). Depending on the identified need, DANCR will estimate the response time and inform the User accordingly.

7. Duration of the Services

The duration of the Services corresponds to the indeterminate period during which one User registers and creates an Account, until the User unsubscribes from the Services, under the conditions set out in the “End of Services” article.

8. User’s Right of Withdrawal

The User does not benefit from the right of withdrawal where the Services concern the supply of digital content not supplied on a physical medium and the Dancer has expressly (i) accepted that the Services begin as soon as he/she accepts the General Terms and Conditions and (ii) waived his/her right of withdrawal.

9. Legal Warranty of Conformity

The consumer has the right to invoke the legal warranty of conformity in the event of a defect in conformity during the duration of the contractual relationship between the parties. During this period, the consumer is only required to demonstrate the existence of the defect and not the date it occurred.

The legal warranty of conformity requires the provision of all necessary updates to maintain the conformity of the digital content or digital service during the duration of the contractual relationship between the parties.

The legal warranty of conformity grants the consumer the right to have the digital content or service brought into conformity without unjustified delay, at no cost, and without major inconvenience.

The consumer may obtain a reduction in the price by keeping the digital content or service, or they may terminate the contract and receive a full refund in exchange for the digital content or service, if:

1. The professional refuses to bring the digital content or service into conformity,
2. The conformity of the digital content or service is delayed without justification,
3. The conformity of the digital content or service cannot be made without cost to the consumer,
4. The conformity of the digital content or service causes major inconvenience to the consumer,
5. The non-conformity persists despite the professional's unsuccessful attempt to remedy the issue.

The consumer also has the right to a price reduction or to terminate the contract if the defect in conformity is so severe that an immediate reduction or termination is justified. In this case, the consumer is not required to request conformity before.

In cases where the defect is minor, the consumer is entitled to cancel the contract only if the contract does not require payment.

Any period of unavailability of the digital content or service for the purpose of bringing it into conformity suspends the warranty until the content or service is once again compliant.

These rights arise from the application of Articles L. 224-25-1 to L. 224-25-31 of the Code de la consommation.

A professional who in bad faith obstructs the implementation of the legal warranty of conformity risks a civil fine of up to 300,000 euros, which may be increased to 10% of the annual average turnover (Article L. 242-18-1 of the Code de la consommation).

The consumer also benefits from the legal warranty against hidden defects in accordance with Articles 1641 to 1649 of the Code civil, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if they keep the digital content or service, or a full refund against the return of the digital content or service.

10. Financial terms

10.1. Free access to the Application

Any User can register on Application free of charge.

A User has free access to the content posted online by Leaders, and benefits from limited training opportunities, without using the augmented practice module.

10.2. Credits

10.2.1 Purchase of Credits

Users may purchase credits (“Credits”) through the Site.

These Credits will be automatically credited to their Account on the Application.

The price of the credits will be indicated at the time of purchase, in the Application, or on the Site. The price of Credits is displayed on the Site, or in the Application and may be modified at any time. Prices include applicable taxes unless otherwise stated.

10.2.2 Use of Credits

Credits can be used exclusively within the Application to access the augmented practice module, allowing Users to analyse their movements and monitor their progression, replicating the reference moves, as shown in the Leader Videos.

Once a Follower uses Credits to train on a Leader’s content, such a transaction is considered final and non-refundable.

10.2.3 Credit Validity

Credits are valid for a period of 3 months from the date of purchase. Any unused Credits after this period will be automatically forfeited without compensation.

10.2.4 Articulation with the payment service providers' general terms and conditions

Credits can be purchased through the Site. Purchase can be made using the payment methods accepted by DANCR. Payment is implemented through the payment service provider indicated on the Site, and is subject to its respective terms and conditions. The User agrees to provide accurate and up-to-date payment information and authorizes DANCR to process the payment in accordance with the chosen method.

• Any In-App Purchase is processed via the Apple Store service or the Google Play service, and is subject to their respective terms and conditions, available at Apple Terms and Google Play Terms. DANCR is not a party to any In-App Purchase.

10.2.5 Refund Policy

Credits purchased are non-refundable and non-transferable, except in cases of technical issues attributable to DANCR. Any request for a refund must be submitted by emailing the support team which information could be find at “Identification of the company”.

10.2.6 Collected Credits compensation

Leaders have the option to request the conversion of collected Credits into monetary compensation, subject to the following conditions:

• Compensation is processed via a payment service provider. To receive payment, the Leader must create and link a valid account on the payment service provider platform.
• Payments will be made in accordance with the conditions specified by the payment service provider.

The Leader has a period of 6 months from the date the Credits are collected to request compensation. If the Leader does not request compensation within this period or does not create a valid account with the payment service provider, the Credits will be permanently retained by DANCR as administrative fees.

Once the Credits have been converted into monetary compensation, the transaction is final and non-reversible.

By requesting compensation, the Leader acknowledges and accepts these conditions.

11. Intellectual Property

11.1. Intellectual Property Rights on the Application

The Site and the Application, including the software, infrastructure, and databases it operates, is the exclusive property of DANCR. It is protected by all applicable intellectual property rights or database producer rights.

The license granted by DANCR to the User does not involve any transfer of ownership. The User is granted a non-exclusive, personal, non-transferable license to use the Application for the duration of their subscription as specified in the “Duration of the Services” article.

Use, reproduction, modification, distribution or storage of any content for any purpose other than using the Services is expressly prohibited without prior written permission from DANCR.

The User shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Terms and Conditions), create derivative works based on, or otherwise exploit any of the Services. The Services may allow the User to copy or download certain content, but the User shall remember that even where these functionalities exist, all the restrictions in this article still apply.

11.2. Intellectual Property Rights on the Content

By using the Services, the User acknowledges that the content they upload or access on the Application, including the Leader Videos and Training Videos collectively referred to as the “Content”, is protected by intellectual property rights.

Therefore, the User consents to DANCR:

• Distributing the Content free of charge on the Application,
• Translating the Content into all languages,
• Modifying (e.g., framing, formatting, and colors) and/or adapting the Content (e.g., to the technical constraints of the Application, which may result in alterations or quality degradation).

11.2.1 Leader Videos

The ownership of the Leader Videos remains with the original creator, the Leader.

Leaders grant a license to use the Leader Video for use by DANCR and Followers who have purchased and selected the Training Video, in the performance of the Services, including to compare with Training Videos through AI.

The license to the Leader Video is granted on a non-exclusive, worldwide, royalty-free, and non-transferable basis, and for a period which shall not be less than the period of use of the Services of an account of a Follower who has purchased the Leader Video.

11.2.2 Training Videos

The ownership of the Training Videos remains with the Follower who uploads the video.

By uploading a Training Video, the Follower grants DANCR a non-exclusive, worldwide, royalty-free, and non-transferable license to use, display, and analyze the Training Video solely for the purposes of providing the Services, including the AI-powered comparison with Leader Videos.

11.3. Use of Personality Rights

The User authorizes DANCR to use their image, name, and voice captured in the content, published on the Application, for an undetermined period for the purpose of providing the Services.

In the event of a request to terminate this right to use a User's image, the User acknowledges that it may be technically difficult to delete Content already published on the Application.

A Leader acknowledges that this agreement on the use of his/her personality attributes cannot be terminated for Leader Videos that have been purchased by a Follower and are being used by the Follower, until the Follower's account is deleted.

12. User’s Obligations and Responsibility

12.1. Regarding the Provision of Information

The User agrees to provide DANCR with all necessary information for subscribing to and using the Services.

12.2. Regarding the User’s Account

The User:

• Guarantees that the information provided in the form is accurate and agrees to update it,
• Acknowledges that this information serves as proof of their identity and binds them upon validation,
• Is responsible for maintaining the confidentiality and security of their username and password. Any access to the Application using these credentials is presumed to have been made by them.

The User must immediately contact DANCR at the contact details provided in the "Identification of DANCR" section if they believe their Account has been used without their knowledge. They acknowledge that DANCR has the right to take any appropriate measures in such cases.

12.3. Regarding the Use of the Services

The User is responsible for their use of the Services and any information they share. They agree to use the Services personally and not to allow any third party to use them on their behalf.

The User is prohibited from misusing the Services for purposes other than those for which they were designed, including but not limited to:

• Engaging in illegal or fraudulent activities,
• Endangering public order or morals (e.g., using the Services for pornographic, obscene, indecent, shocking, or unsuitable purposes for a family audience),
• Violating the rights of third parties in any way,
• Breaching any contractual, legal, or regulatory provision,
• Engaging in any activity that interferes with a third party’s IT system, particularly to violate its integrity or security,
• Using the Services to promote their services or those of a third party.

The User is also prohibited from:

• Copying, modifying, or diverting any element belonging to DANCR or any concept it exploits as part of the Services,
• Interfering with or disrupting DANCR’s IT systems or security measures,
• Violating DANCR’s financial, commercial, or moral rights,
• Commercializing, transferring, or providing access to the Services or any elements belonging to DANCR.

The User is responsible for the Content they distribute, share, upload as part of the Services.

The User agrees that the Content published on the Application will be made public by default and may be viewed by other users.

The User is prohibited from posting any Content that:

• Infringing public order or morality (pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist),
• Infringes the rights of third parties (infringing content, personality rights, etc.) and more generally violates a contractual, legislative or regulatory provision,
• Prejudicial to third parties in any way whatsoever,
• Misleading, deceptive or proposing or promoting illegal, fraudulent or deceptive activities,
• Harmful to the computer systems of third parties.

The User is responsible for any relationships he/she may form with other users of the Application. He undertakes to act with discernment and to respect the usual rules of politeness and courtesy in his exchanges with other users.

The User agrees not to contact, by any means whatsoever, other users of the Application for the purpose of circumventing the Services and in particular to sell its products and/or offer its services outside the Application. DANCR may, if necessary, take any measures it deems necessary against Users who fail to comply with this provision.

If a User identifies content or behavior that does not comply with the Application’s guidelines, the User may report it by contacting customer support at hello@dancr.co. DANCR will review all reports and take appropriate action, which may include issuing warnings, content removal, or Account deletion for repeated or severe violations.

The User shall indemnify and hold DANCR harmless against any claims or actions arising from the User's breach of obligations. The User shall compensate DANCR for any losses incurred and reimburse any expenses resulting from such breach.

13. DANCR’s Obligations and responsibility

DANCR agrees to provide the Services diligently and is bound by an obligation of means.

DANCR commits to complying with applicable regulations.

13.1. Concerning the quality of the Services

DANCR makes every effort to provide the User with quality Services.

To this end, it carries out regular checks to verify the operation and accessibility of its Services and may therefore carry out maintenance under the conditions specified in the ‘Maintenance’ article.

However, DANCR cannot be held responsible for temporary difficulties or impossibilities of access to its Services due to:

• circumstances outside its network (and in particular the partial or total failure of the User's servers),
• the failure of equipment, cabling, services or networks not included in its Services or not under its responsibility,
• interruption of Services by telecoms operators or Internet access providers,
• intervention by the User, in particular through incorrect configuration applied to the Services,
• in case of force majeure.

DANCR is responsible for the operation of its servers, the external limits of which are constituted by the connection points.

Furthermore, it does not guarantee that the Services:

• Subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or faults,
• Being standard and not offered according to the User's personal constraints, will specifically meet their needs and expectations.

13.2. Concerning the Application service level guarantee

DANCR shall use its best endeavours to back up any data produced and/or entered by/on the Application.

Except in cases of proven fault on the part of DANCR, DANCR shall not be liable for any loss of data during maintenance operations.

13.3. Regarding Data Backup on the Application

DANCR makes its best efforts to back up all data generated and/or entered by or on the Application.

However, except in cases of proven fault on the part of DANCR, it is not responsible for any data loss during maintenance operations.

13.4. Regarding Data Storage and Security

DANCR provides sufficient storage capacity for the operation of the Services.

DANCR makes its best efforts to ensure data security by implementing measures for infrastructure and Application protection, detection and prevention of malicious acts, and data recovery.

13.5. Regarding Content Publication

DANCR acts as a hosting provider for the Content uploaded by the User. As such, DANCR is merely a host for the Content, including dance videos published by Users. Consequently, it is not responsible for this Content.

If DANCR receives a notification regarding illegal Content, it will act promptly to remove or restrict access to it and may take the measures described in the section “Sanctions in Case of Breach.”

13.6. Regarding User Interactions

DANCR acts as an intermediary in the relationships between Followers and Leaders.

Therefore, DANCR cannot be held liable in these interactions with Users and will not be a party to any potential disputes.

13.7. Regarding Subcontracting and Assignment

DANCR may use subcontractors in the execution of the Services, who will be subject to the same obligations as DANCR in their role. However, DANCR remains solely responsible for the proper execution of the Services for the User.

DANCR may substitute any entity that will take over all its rights and obligations under its contractual relationship with the User. If applicable, it will notify the User of this substitution through any written means.

14. DANCR’s liability

Any content shared through the Services is the sole responsibility of its originator. Accessing such content is at the User’s own risk, and no liability is assumed for errors, omissions, or resulting damages.

No guarantee is provided regarding User identities or the accuracy of shared content.

The Services may include links to third-party websites or services beyond control. Users are encouraged to review third-party terms before engagement. DANCR does not endorse, control, or assume responsibility for third-party content, transactions, or policies.

DANCR does not intervene in agreements or commitments made between Users, they remain solely responsible for their interactions.

In the event of a dispute between Users, including conflicts between Followers and Leaders, DANCR may act as a mediator at its sole discretion. However, DANCR is under no obligation to intervene and assumes no liability for such disputes. Any mediation is non-binding, and Users remain responsible for resolving their conflicts.

To the fullest extent permitted by applicable law, liability of DANCR shall not be incurred for any direct, indirect, special, incidental, punitive, or consequential damages, including loss of profits, business interruption, or data loss; any replacement of goods, services, or technology; for the amounts paid for the Services in the preceding 12 months.

Limitations may not apply where prohibited by law.

15. Accepted modes of proof

Evidence may be established by any means.

The User is informed that messages exchanged through the Application, as well as data collected on the Application and DANCR’s IT systems, constitute one of the accepted means of proof, particularly to demonstrate the reality of the Services provided and the calculation of their price.

16. Personal Data Processing

DANCR follows a personal data protection policy, the details of which are outlined at https://dancr.co/confidentialite, and the User are expressly invited to review it.

17. Force majeure

Neither party can be held responsible for failures or delays in fulfilling their contractual obligations due to a force majeure event occurring during their relationship, as defined in Article 1218 of the Code civil.

If one party is prevented from fulfilling its obligations due to a force majeure event, it must inform the other party via registered letter with acknowledgment of receipt. Obligations are suspended upon receipt of the letter and must resume within a reasonable timeframe once the force majeure event ends.

However, the affected party remains responsible for obligations not impacted by the force majeure event and for any payment obligations.

18. End of Services

The User may unsubscribe from the Services directly and free of charge through the designated feature on the Application or via their Account.

Termination by the User is immediate, and they will no longer have access to their Account once the Services end.

End of the Services has no effect on “Intellectual Property” section, which continue to apply to the deletion of a User's Account.

19. Sanctions for non-compliance

The following are considered essential obligations of the User ("Essential Obligations"):

• Not providing incorrect or incomplete information to DANCR,
• Adhering to common courtesy and politeness in communications with DANCR,
• Not using the Services on behalf of a third party,
• Not engaging in illegal, fraudulent, or harmful activities that infringe on the rights or security of others, disrupt public order, or violate applicable laws and regulations.

In the event of a breach of any of these Essential Obligations, DANCR may:

• Suspend or terminate the User's access to the Services,
• Delete any Content related to the violation,
• Publish any relevant informational message on the Application,
• Notify the competent authorities, cooperate with them, and provide all necessary information to investigate and prosecute illegal activities,
• Take legal action.

These sanctions do not exclude DANCR’s right to claim damages from the User.

For violations of obligations other than Essential Obligations, DANCR will notify the User in writing and request remediation within 15 calendar days. If the violation is not corrected within this period, the Services will be terminated.

Termination of the Services results in the deletion of the User's Account.

20. Modification to the Terms and Conditions

The updated Terms and Conditions will apply as soon as they come into force.

If the User does not accept the modifications, they must unsubscribe from the Services according to the process outlined in the "End of Services" section.

The User may continue using the Services under the conditions that will be communicated in new terms and conditions, which they must accept. If the new terms and conditions are not accepted, the User will no longer have access to the Services.

21. Opting Out of Telemarketing calls

In accordance with Law No. 2014-344 of March 17, 2014, the User, as a consumer under the French Code de la consommation, is informed that they may register for free on the BLOCTEL do-not-call list (www.bloctel.gouv.fr) to avoid unsolicited marketing calls from businesses with whom they do not have an existing contractual relationship.

22. Mediation

In case of a dispute between the User and DANCR, the User may seek free mediation from the following consumer mediation center for an amicable resolution:

Centre de médiation de la consommation de conciliateurs de justice (CM2C)
Adresse postale : 14 rue Saint Jean 75017 Paris
Téléphone : 01 89 47 00 14
https://www.cm2c.net

23. Governing law

The Terms and Conditions are governed by French law.

If the User is a professional as defined in the "Conditions for Accessing the Services" section, any dispute between the User and DANCR that is not resolved amicably within two months after the first notification will fall under the exclusive jurisdiction of the courts of Paris (France), unless otherwise required by law.