Terms of Sale and Licence — LiberUnda Pro.

Version 2.0 — 26 October 2026 — applicable from 1 November 2026

Publisher and licensor: Christophe Nutoni, sole trader operating under the business name Instinct Créatif Communication, 33 rue de la Krutenau, 67000 Strasbourg, France — SIREN 400 962 551, SIRET 400 962 551 00034, intra-EU VAT number FR74 400 962 551 — phone +33 3 88 37 15 99 — email: [email protected].

Seller in law: Link, Stripe’s payment solution acting as merchant of record under Stripe Managed Payments. The Customer sees Link as the seller at checkout, on the receipt and in the order management page (“Sold through Link”).

This English version is provided for information. The French version prevails in the event of any discrepancy (Article 22).

Preamble — who does what

The sale of LiberUnda Pro involves three parties and two separate contracts. This distinction is not a drafting precaution: it determines who answers for what.

So there are two contracts:

1. The contract of sale, between the Customer and Link, governed by Link’s terms and by the product information supplied by the Publisher. It covers the price, VAT, withdrawal, refunds and the statutory warranties of sale.

2. The licence agreement, between the Customer and the Publisher (Part II below). It covers the right to use the Software, its scope, transfer, security patches and the Publisher’s technical liability.

Part I — Terms of sale

Article 1 — Purpose

This Part describes the conditions under which a LiberUnda Pro licence can be acquired. It is provided to the Customer before payment, on the summary page and through the “terms of sale” link of the Link checkout.

Where a provision of this Part is more favourable to the Customer than Link’s terms, it is a commitment of the Publisher, made as supplier of the product, and not a term of the contract of sale.

Article 2 — The product

LiberUnda Pro is radio broadcast automation software, supplied as downloadable digital content, with a licence key. It is licensed for one broadcast station (“one seat”).

The free edition, LiberUnda, is freeware governed exclusively by its end-user licence agreement (EULA), presented on first launch; it is not covered by these terms.

The following are not Managed Payments products and cannot be sold through this channel: services, on-site installation, training, consulting, separately invoiced technical support. If the Publisher offers such services, they are quoted and invoiced separately, outside the Stripe checkout. This restriction comes from Stripe, not from the Publisher: the “professional services” category is excluded from Managed Payments.

Article 3 — Order and conclusion of the contract

The order is placed on the payment page hosted by Stripe. It is deemed concluded between the Customer and Link when the payment is authorised.

The confirmation button bears the words “Order with obligation to pay” or an equivalent unambiguous wording (Art. L. 221-14 of the French Consumer Code).

As Managed Payments does not support custom domains, the checkout address is a Stripe address. The Customer should not conclude from this that the Publisher is not identified: the Publisher’s identity appears on the product page, in this Part and in the licence.

Article 4 — Prices and tax

Prices are in euros, excluding tax. Price list in force on 1 November 2026:

• Pro licence, standard price: €890 excl. tax per station

• Associations and non-profit organisations: €590 excl. tax per station

• Launch price reserved for waiting-list members: €349 excl. tax per station, for orders placed before 31 March 2027; after that date the standard price applies

• Optional upgrade to the next major version: half the price paid, i.e. €445 excl. tax per station (standard price), €295 excl. tax (associations) and €175 excl. tax (launch price)

No subscription is offered or required: the licence is paid for once.

The applicable indirect tax (VAT, GST, sales tax) is calculated by Link according to the Customer’s billing country and the tax classification of the product, added to the price excluding tax and shown before payment; Link collects it and remits it to the competent authorities. As an indication, for a Customer established in France the standard licence costs €1,068 including tax (20% VAT).

Business customers in the European Union. The checkout calculates tax from the billing country and does not currently issue reverse-charge invoices. A business customer established in another Member State who needs one contacts the Publisher before ordering.

Article 5 — Payment

Payment is made by bank card, Apple Pay, Google Pay or Link, on Stripe’s secure page. The Customer may enter their details at each order, use an existing Link account or order as a guest.

The Publisher never receives, sees or stores any card data. From Stripe it receives only the information needed to deliver the key (name, email, transaction reference, billing country).

Article 6 — Delivery of the key

The licence key is created by the Publisher’s licence service once payment is confirmed, then sent by email to the address given with the order, within two working days of payment — in practice, within minutes.

The licence service is automated: no human intervention is needed for delivery. The Customer is responsible for the accuracy of their email address; if the key is not received, the Publisher sends it again at no charge.

If the key does not arrive, the Customer writes to [email protected] before starting any procedure with Link: the cause is usually email filtering, and fixing it takes a minute.

Article 7 — Withdrawal and refunds

7.1 Right of withdrawal

A consumer Customer has fourteen days from the conclusion of the contract of sale to withdraw, without giving reasons or paying a penalty (Art. L. 221-18 et seq. of the French Consumer Code). This right is exercised with Link, the seller: from the order management page reached through the link on the receipt, or through Link support.

The Publisher cannot, on its own, deprive the Customer of this right or record it in Link’s place. It does, however, inform the Customer before payment that the key is delivered immediately after payment.

7.2 Refunds

The Customer may ask Link for a refund. Link’s terms provide that Stripe may grant a refund at its discretion within sixty days of the transaction. The Publisher may also issue a refund from its Stripe dashboard, which reduces its payout accordingly.

Contractual consequence, and it is firm: any refund, full or partial, of an order ends the corresponding licence on the date of the refund. The key is revoked by the licence service; the Customer uninstalls the Software and stops broadcasting with it. This revocation is not a penalty; it is the counterpart of the refund.

7.3 Publisher’s commercial guarantee — business customers

The right of withdrawal does not apply to distance contracts between professionals (Art. L. 221-3 of the French Consumer Code). As a commercial gesture, the Publisher nevertheless gives business customers a fourteen-day satisfaction guarantee: if the Software does not meet their expectations, they ask for a refund within that period, uninstall every copy and confirm in writing that their production data sets have been destroyed. The Publisher then makes the refund from its dashboard. This commitment is voluntary, may be withdrawn for future orders, and affects no statutory right.

7.4 Publisher’s response time — 48 hours

When a product question remains unanswered by the Publisher for 48 hours, Stripe may issue a refund without its consent. The Publisher therefore undertakes to answer every product request within 48 working hours, at [email protected].

Article 8 — Payment disputes

Payment disputes (chargebacks) are handled by Link, which prepares and submits the evidence. The Publisher may contest a decision from its dashboard; a dispute contested by the Publisher itself incurs evidence submission fees charged by Stripe. The Publisher informs the Customer of any dispute concerning them and provides, on request, proof of delivery (key creation log, timestamp, destination address).

Article 9 — Evidence

The computer records kept by Stripe and by the Publisher’s licence service, under conditions that ensure their integrity, constitute proof of the order, the payment and the delivery.

Part II — Licence agreement (Pro EULA)

This Part is the Publisher’s contract. It does not depend on Stripe and survives it: a change of payment provider does not change the licence.

Article 10 — Grant of licence

The Publisher grants the Customer a non-exclusive, non-transferable (save under Article 11), perpetual right to install and operate the Software for the needs of one broadcast station, on hardware of its choice, with a reasonable backup machine.

The following are prohibited: renting, lending, making the Software available to third parties as a service, removing intellectual property notices, and any reverse engineering — except for the acts expressly permitted by Articles L. 122-6-1 II to IV of the French Intellectual Property Code, which the Publisher cannot prohibit, in particular decompilation for interoperability and the observation, study and testing of the Software’s operation.

Article 11 — Transfer of licence

A business Customer may transfer its licence once, as part of the transfer of its business or of the hardware to which the licence is attached, provided that it:

1. notifies the transfer to the Publisher in writing, with the identity of the transferee;

2. uninstalls every copy of the Software and stops using the key;

3. confirms that uninstallation in writing.

The Publisher then reissues the key in the transferee’s name, free of charge. A key whose transfer was not notified gives no right to support or updates. The transfer has no effect on the price already paid and gives no right to a refund.

Article 12 — Redistribution of the free edition

The free edition may be redistributed in its official, complete, unmodified and free form, without sale and without added advertising. Any other redistribution is prohibited.

Article 13 — Conformity, updates and patches

The Publisher supplies software that conforms to its description and is liable for lack of conformity under general law and, for consumer Customers, under Articles L. 224-25-1 et seq. of the French Consumer Code — without this clause preventing the Customer from exercising the statutory warranties of sale directly against Link, which remains the seller.

• Defects: every reproducible defect affecting a described function is fixed in a later version; blocking defects are handled first.

• Updates within the major version: included at no extra charge (for example 1.x).

• Security patches: provided free of charge for five years from purchase, whatever the version, including after a later major version is released. A security patch is never conditional on buying an upgrade, keeping a subscription or paying any fee. This commitment is made under Regulation (EU) 2024/2847 (Cyber Resilience Act) and survives the end of any commercial relationship.

• Upgrade to the next major version: optional, at the price in Article 4. Without an upgrade, the version purchased keeps working with no time limit.

• Support: by email at [email protected], without subscription, within the 48 hours of Article 7.4.

The warranty does not cover: improper use, modification of the Software, a configuration outside specifications, third-party components installed by the Customer, or the consequences of a failure of the network, the operating system or the hardware.

Article 14 — Customer’s obligations

The Customer is solely responsible for:

• the configuration and maintenance of its system, network and hardware, and the backups of its data, playlists, logs and settings;

• compliance with music rights: declarations to SACEM, SCPP, SPPF and any other collecting society — the report produced by the Software is an aid, never a declaration;

• the content broadcast, including what speakers say and the use of synthetic voices;

• obtaining the consent of people filmed or recorded (image and voice rights), in particular for visual radio;

• the security of its access: stream keys, passwords, remote access to its automation system;

• complying with the obligation to inform the public when AI-generated content is broadcast (Article 50 of Regulation (EU) 2024/1689).

The Customer indemnifies the Publisher against any third-party claim resulting from a breach of these obligations.

Article 15 — Intellectual property

The Software, its source code, architecture, interfaces, texts, visual identity and documentation are the exclusive property of the Publisher. The licence confers no intellectual property right other than the right of use in Article 10.

The free and open-source components included remain subject to their respective licences, reproduced in the THIRD-PARTY-NOTICES file supplied with the Software and in the “About” screen, including the attribution and modification notices required by the CC BY 4.0 licence. Nothing in these terms restricts the rights those licences give the Customer.

The name LiberUnda is used as a trade name.

Article 16 — Termination

In the event of a serious breach by the Customer of Articles 11, 14 or 15, not remedied within thirty days of a written formal notice, the Publisher may terminate the licence. The Customer then stops all use and uninstalls the Software. No refund is due — refunds fall under Part I and Link.

The licence also ends automatically if the order is refunded (Art. 7.2).

Article 17 — Publisher’s warranties and liability

The Publisher supplies the Software with the care of a professional in its field. It does not warrant that the Software is entirely free of defects or will run without interruption in every configuration.

Cap. Unless the law provides otherwise, the Publisher’s total liability under a licence is limited, for all losses combined, to the amount actually received by the Publisher for that licence during the twelve months preceding the event giving rise to liability. The reference is the net amount paid out by Link, not the price paid by the Customer.

Exclusions. Indirect losses: loss of business, loss of audience, loss of advertising revenue, loss of grants, damage to reputation, loss of data not backed up, loss of opportunity.

What cannot be limited. These limitations do not apply in the event of wilful misconduct or gross negligence, of death or personal injury, or of a breach of the statutory warranties owed to a consumer Customer.

When the air goes silent. The Customer is solely responsible for the continuity of its broadcast. The Publisher guarantees no automatic recovery and recommends an independent backup system and off-air monitoring.

Part III — Personal data

Article 18 — Two controllers, two purposes

For the sale, invoicing, tax and payment disputes: the data controller is Link/Stripe, which processes payment data, identity, billing address and order history, including for fraud prevention. This processing is governed by Link/Stripe’s privacy policy and Stripe’s terms.

For the licence, key delivery and product support: the data controller is the Publisher (Christophe Nutoni / Instinct Créatif Communication). Legal bases: performance of the licence agreement (Art. 6(1)(b) GDPR), legitimate interest in tracing keys and preventing unauthorised transfers (Art. 6(1)(f)), legal obligation to keep accounting records (Art. 6(1)(c)).

Data processed by the Publisher: name, email, country, transaction reference, key issued, support history. No card data. No browsing data. No profiling.

Retention: duration of the licence + 3 years for support; 10 years for accounting records; the key register is kept for as long as the licence can be reactivated, then deleted.

The Publisher’s processors: host of the website and of the mailbox (see the privacy policy). Stripe is not the Publisher’s processor for the sale: it acts as an independent controller and as merchant of record.

Article 19 — The Software collects nothing

The Software installed at the Customer’s premises runs locally, with no telemetry, no outgoing connection and no transmission of any data to the Publisher. The Publisher therefore does not act as a processor within the meaning of Article 28 GDPR for the operation of the Software, and no data processing agreement is required for the licence alone. Any hosting or processing service on the Customer’s behalf would be the subject of a separate contract, concluded before it is provided.

The Publisher processes the Customer’s data for the purposes in Article 18; the rights of access, rectification, erasure, restriction, objection and portability are exercised at [email protected], and a complaint may be lodged with the CNIL.

Part IV — Disputes

Article 20 — Complaints and mediation

Any complaint about the licence is sent to the Publisher, which answers within 48 working hours (Art. 7.4). Complaints about the sale (payment, invoice, refund, withdrawal) are sent to Link, the seller.

A consumer Customer may use a consumer mediator free of charge for disputes about the sale: the competent mediator and its contact details are given in these terms before any sale to a consumer Customer (Art. L. 612-1 of the French Consumer Code).

Article 21 — Governing law and jurisdiction

The contract of sale is governed by Link’s terms and by the law applicable to them.

The licence agreement is governed by French law. For a business Customer, any dispute falls within the jurisdiction of the Strasbourg Judicial Court (tribunal judiciaire de Strasbourg), commercial chamber, unless mandatory rules provide otherwise. A consumer Customer may bring proceedings before the court of their domicile; the mandatory provisions of their country of residence remain applicable.

Article 22 — Languages and versions

These terms are drawn up in French; the English, Spanish and German versions are provided for information, and the French version prevails in the event of any discrepancy, unless a contrary legal provision applies to a consumer Customer established outside France.

The applicable version is the one in force at the time of the order. Earlier versions are kept and provided on request.