Terms of use, version 2.1

Who we are, and what these terms cover

These terms of use govern access to and use of the 360ContentMatrix service (the "service"), published by BGS Crossmedia SARL, which trades as 360Crossmedia, a private limited liability company governed by Luxembourg law, with its registered office at 4 rue de l'Eau, L-1449 Luxembourg, registered with the Luxembourg Trade and Companies Register under number B 75892 ("360Crossmedia", "we", "us").

They apply between 360Crossmedia and the organisation on whose behalf an account is opened (the "customer"), and to every person who uses the service under that account (a "user", "you").

By accepting these terms when you first sign in, or by using the service, you accept them on your own behalf and on behalf of the customer, and you confirm that you have the authority to do so. If you do not accept them, do not use the service.

Where the customer has signed a separate written agreement with 360Crossmedia, that agreement prevails over these terms in case of conflict.

Professional use only

The service is offered exclusively to professionals, acting for the purposes of their trade, business, craft or profession. By using it, you confirm that you are not acting as a consumer. The provisions of the Luxembourg Consumer Code that protect consumers do not apply to the service.

What the service does

The service turns a source supplied by the customer (a text, a link, an image, an audio or a video file) into several pieces written for other channels and languages, with their visuals, and lets users read, correct and sign them before they can be copied, downloaded or exported.

The drafts are produced by artificial intelligence models. They are proposals, not publications. The service does not publish anything on any network on the customer's behalf.

360Crossmedia may change, improve, add or remove features at any time, in particular during the beta period described below.

Beta period

The service is currently provided in a beta version. During the beta period, the service is provided free of charge unless agreed otherwise in writing, it may contain errors, it may be interrupted, changed or discontinued, and no level of availability or performance is guaranteed.

Users may be invited to give feedback, ratings and comments on the service. 360Crossmedia may use any feedback freely, without restriction and without any payment or obligation to the person who gave it.

Accounts

Accounts are opened by 360Crossmedia, at its discretion, for the users designated by the customer. 360Crossmedia may limit access to certain email domains.

Users sign in by single use links sent to their email address. You are responsible for keeping access to your mailbox secure, for every action taken under your account, and for telling us without delay at contact@360crossmedia.com of any unauthorised use.

The customer is responsible for the users it designates, for their compliance with these terms, and for asking us to close the account of a person who no longer works for it.

Offers and usage limits

During the beta period, each account is opened on an offer chosen by 360Crossmedia. An offer sets the number of repurposings available each calendar month, the channels and formats that can be produced, and the features included. The current offer and the use made of it this month are shown in the Account space. 360Crossmedia may change an account's offer or its limits during the beta period, and will say so in the service or by email. Unused repurposings are not carried over to the next month.

Your role and your signature

Nothing leaves the service without a user's reading and signature. By signing a repurposing, the signer confirms, on behalf of the customer, that every piece, in every language, has been read, that what needed correcting has been corrected, and that the customer takes full responsibility for what it publishes.

The signer and the customer hold the editorial responsibility for every signed piece and for any publication made from it, including within the meaning of article 50 of Regulation (EU) 2024/1689 on artificial intelligence (the "AI Act"). The human review and the signature required by the service are the review and editorial control that article refers to.

Every signature is recorded with the date, the signer's name, the version of these terms and a fingerprint of the signed content, and produces a certificate. Signatures are kept as evidence and are never modified or deleted by the service, within the retention periods set out in the privacy policy.

Facts, accuracy and the limits of artificial intelligence

Artificial intelligence can produce content that is inaccurate, incomplete, outdated, biased, or similar to content produced for others. The service may flag passages that deserve a fact check, but it cannot verify facts, figures, quotes, names, dates or translations for you, and it does not provide legal, financial, medical or any other professional advice.

The customer is solely responsible for checking every piece before signing it and before publishing it, and for any decision taken on the basis of the service.

360Crossmedia does not guarantee that the pieces are accurate, complete, original, fit for a particular purpose, compliant with the rules of any network, or free from third party rights.

Your content

The customer remains the owner of the content it submits to the service (the "customer content") and, as between the customer and 360Crossmedia, of the pieces written from it and signed (the "outputs"), to the extent that rights exist in them.

The customer grants 360Crossmedia, for the duration of the contract and for the time needed to perform it, a non exclusive, worldwide, royalty free licence to host, copy, process, transform, translate, adapt and display the customer content and the outputs, solely to provide, secure and support the service. 360Crossmedia does not use the customer content or the outputs to train artificial intelligence models, and does not publish them.

The customer represents and warrants that it holds all the rights, licences, consents and authorisations needed to submit the customer content to the service and to use and publish the outputs, including copyright, trademark, image, personality and privacy rights of third parties, and that the customer content and its use comply with the law.

Acceptable use

You must not use the service, or allow it to be used:

to submit, generate or publish content that is unlawful, defamatory, misleading, fraudulent, discriminatory, hateful, violent, pornographic, or that infringes the rights of others;
to generate disinformation, to impersonate a person or an organisation, or to present AI generated content as authentic where the law requires it to be disclosed;
to submit special categories of personal data or data relating to criminal convictions, unless the law allows it and the customer has taken the measures it requires;
to infringe intellectual property, image, personality or privacy rights, or trade secrets;
to attempt to access the service, its systems or the data of other customers without authorisation, or to circumvent any security measure, limit or quota;
to copy, decompile, reverse engineer, disassemble or create derivative works of the service, except to the extent the law expressly allows it despite this prohibition;
to extract data from the service by automated means, to overload it, or to interfere with its operation;
to use the service to build or train a competing product or model;
to resell, sublicense or make the service available to third parties without our written agreement.

360Crossmedia may remove or block content, and suspend access, where it reasonably believes that these rules are breached or that the law requires it.

Our intellectual property

The service, its software, its source code, its models of layouts and designs, its interface, its texts, its film, its databases, the 360ContentMatrix name and logo, and all related intellectual property rights are and remain the exclusive property of 360Crossmedia or of its licensors.

These terms grant the customer, for the duration of the contract, a personal, non exclusive, non transferable right to use the service for its internal professional needs, within the limits of these terms. No other right is granted, and no right is transferred.

Third party services

The service relies on third party providers, in particular for hosting, artificial intelligence models and email delivery. 360Crossmedia selects them with care and binds them by contract, but is not responsible for interruptions or changes of third party services beyond its reasonable control.

Links, sources and content from third party sites that the customer submits remain under the responsibility of their owners and of the customer.

Personal data

The way 360Crossmedia processes personal data as controller is described in the privacy policy, which forms part of these terms.

Where the customer content contains personal data, 360Crossmedia processes it as the customer's processor, within the meaning of article 28 of Regulation (EU) 2016/679 (the "GDPR"), under the following data processing terms:

360Crossmedia processes the personal data only on the customer's documented instructions, which are these terms and the customer's use of the service, unless the law requires otherwise, in which case it informs the customer unless the law forbids it;
the subject matter of the processing is the provision of the service; its duration is the duration of the contract and of the retention periods set out in the privacy policy; its nature and purpose are the hosting, transformation, translation and display of the customer content; the data concerned are those the customer chooses to submit, about the people the customer content mentions;
the people authorised to process the personal data are bound by confidentiality;
360Crossmedia applies the security measures required by article 32 GDPR, described in the privacy policy;
the customer gives 360Crossmedia a general authorisation to engage sub processors; 360Crossmedia binds each of them by the same data protection obligations, remains liable for them, keeps a list available on request, and informs the customer of any intended change, giving the customer the opportunity to object on reasonable grounds;
360Crossmedia assists the customer, as far as possible and taking into account the nature of the processing, in answering requests from the people concerned and in meeting its obligations under articles 32 to 36 GDPR;
360Crossmedia notifies the customer without undue delay after becoming aware of a personal data breach affecting the customer content;
at the end of the contract, 360Crossmedia deletes the personal data after the export period set out below, unless the law requires it to be kept, and except for the records of signatures kept as evidence;
360Crossmedia makes available to the customer the information necessary to demonstrate compliance with these obligations and allows for audits, at the customer's expense, on reasonable notice, no more than once a year, and without access to the data of other customers or to confidential information.

The customer is responsible for the lawfulness of the personal data it submits, for having a legal basis for its processing, and for informing the people concerned.

Confidentiality

Each party keeps confidential the non public information it receives from the other in connection with the service, uses it only to perform these terms, and discloses it only to the people who need to know it and are bound by confidentiality. This obligation does not apply to information that is or becomes public without fault of the receiving party, that it already held lawfully, or that it must disclose by law. It survives the end of the contract for five years.

Price and payment

During the beta period, the service is free of charge unless agreed otherwise in writing. 360Crossmedia may introduce fees after the beta period; it will inform the customer in advance, and the customer will be free not to continue.

Suspension and termination

The customer may stop using the service at any time and ask for its accounts to be closed by writing to contact@360crossmedia.com.

360Crossmedia may suspend or close an account, or end the service, at any time, with notice by email where reasonably possible, and without notice in case of a breach of these terms, of a risk to the security of the service or of other customers, or where the law requires it.

After an account is closed, the customer may ask, within thirty days, for an export of its signed outputs and certificates. After that period, the customer content and the outputs are deleted, except the records of signatures and certificates, which are kept as evidence for the periods set out in the privacy policy.

The clauses that by their nature are meant to survive, including those on responsibility, intellectual property, confidentiality, liability, indemnity, evidence and applicable law, survive the end of the contract.

No warranty

The service is provided "as is" and "as available". To the fullest extent permitted by law, 360Crossmedia excludes any express or implied warranty, including any warranty of merchantability, fitness for a particular purpose, accuracy, non infringement, availability or uninterrupted or error free operation.

Limitation of liability

360Crossmedia is bound by an obligation of means, not of result.

To the fullest extent permitted by law, 360Crossmedia is not liable for any indirect or consequential damage, nor for any loss of profit, turnover, business, opportunity, clientele, reputation or data, nor for any damage resulting from the content of the pieces, from their publication, from the customer's decisions, or from the customer content, whatever the legal basis of the claim.

To the fullest extent permitted by law, the total liability of 360Crossmedia for all claims arising from or relating to the service and these terms is limited to the amounts actually paid by the customer for the service during the twelve months preceding the event giving rise to the claim, and, where the service was provided free of charge, to one hundred euros.

These limitations do not apply to liability for wilful misconduct or gross negligence, nor to any liability that cannot be limited or excluded under applicable law.

Any claim against 360Crossmedia must be brought within one year of the day the customer became aware, or should have become aware, of the event giving rise to it.

Indemnity

The customer indemnifies and holds harmless 360Crossmedia, its managers, employees and providers against any claim, action, loss, damage, fine, cost and expense, including reasonable legal fees, arising from the customer content, from the outputs and their publication, from the use of the service by its users, or from a breach of these terms or of the law by the customer or its users.

Evidence

The records kept by the service, including the records of signatures, their fingerprints, their dates, the versions of the terms accepted and the logs of the service, are admitted as evidence between the parties of the actions they record, unless proven otherwise, in accordance with the freedom of evidence between traders under article 109 of the Luxembourg Commercial Code and with articles 1322-1 and following of the Luxembourg Civil Code on electronic signatures and records.

Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disasters, epidemics, war, terrorism, riots, strikes, failures of networks, of electricity or of third party providers, cyber attacks, and acts of public authorities. Where such an event lasts more than thirty days, either party may end the contract by written notice.

Changes to these terms

360Crossmedia may change these terms, in particular to reflect changes in the law or in the service. When the terms change in substance, the version number changes and users are asked to accept the new version before continuing to use the service. A user who does not accept it may no longer use the service.

General provisions

These terms, the privacy policy and the cookie policy form the entire agreement between the parties on their subject, and replace any prior agreement or communication on it, subject to any separate written agreement mentioned above.

If a clause of these terms is held invalid or unenforceable, it is replaced by a valid clause as close as possible to its purpose, and the other clauses remain in force.

A party's failure or delay in exercising a right is not a waiver of that right.

The customer may not assign or transfer these terms without the prior written consent of 360Crossmedia. 360Crossmedia may assign them to any entity that takes over all or part of its activity.

Notices are validly sent by email: to 360Crossmedia at contact@360crossmedia.com, and to the customer at the email address of its users.

These terms are written in English. Where they are translated, the English version prevails.

Applicable law and jurisdiction

These terms, and any dispute or claim arising from or relating to them or to the service, including non contractual disputes, are governed by Luxembourg law, without regard to its conflict of laws rules.

Any dispute that cannot be settled amicably falls within the exclusive jurisdiction of the courts of the city of Luxembourg, Grand Duchy of Luxembourg.

Contact

BGS Crossmedia SARL, 4 rue de l'Eau, L-1449 Luxembourg. Email: contact@360crossmedia.com. Telephone: +352 35 68 77.

Last updated: 28 October 2026.