SÈVE FOR BRANDS
Last update date: March 2023
The Sève platform, accessible via the URL https://www.seve.app/ (hereafter the “Platform”) is edited and operated by Sève, a French Société par Actions Simplifiée registered with the Nanterre Trade and Companies Registry under number 919 804 047, having its principal place of business at 13ter, rue Auguste Gervais – 92 130 Issy-les-Moulineaux, France (“Sève”).
The publishing director of the Platform is Julia Sisto.
The Platform is hosted by: Bubble.io, having its principal place of business at 22 W 21st Street 2nd Street, New York, NY, 10010, US, and which email is: firstname.lastname@example.org.
Sève can be contacted by email at: email@example.com or by phone at +33670785389
The Platform is accessible under a software-as-a-service distribution model, for the actors of the fashion industry in order to facilitate the management and realization of fashion design projects for both the stylists and the brands (and/or their authorized partners) by providing:
These subscription terms (the “Subscription Terms”) govern the relationship between Sève and Client (as defined below) and describe the terms and conditions under which Client is authorized to access and use the Platform.
Capitalized terms used in these Subscription Terms not specifically defined elsewhere in these Subscription Terms, shall have the following meaning, whether used in the singular or plural:
Authorized User means any person authorized by Client, within the agreed usage limits (if any), to access and use Sève for Brand, on behalf of Client and in strict compliance with these Subscription Terms.
Brand means any brand name, collection name and/or name of a company for which Client uses Sève for Brands, the Platform and the Services, as indicated by Client in the subscription form.
Client means any person, legal or natural, acting in the context of its professional activities either as a Brand owner or as duly authorized by the Brand owner to sell, market, distribute the Brand products and to share, represent and make available the Brand products and the Content on the Platform and having subscribed to Sève for Brands for said Brand. A Client may be associated with more than one Brand.
Content means any logos, brands, trademarks, photographs, drawings, pictures, text, information, data, document or, generally, any content posted online via the Platform by Client and/or its Authorized Users under Client’s sole responsibility. Client acknowledges and agrees that any Content it (and/or its Authorized Users) publishes on Sève for Brands may be accessible and used by Stylists when using Sève for Stylists, and be accessible by other Clients when using Sève for Brands, subject however to the publishing restrictions Client (and/or its Authorized Users) may elect to implement, if any.
Intellectual Property Rights means any intellectual property rights, registered or not, including but not limited to patents, patents applications, trademarks, trademarks applications, copyrights and neighboring rights (including rights in software and databases), designs and models, sui generis rights of database producers, domain names, rights in legal names, trade names and brands, rights related to know-how, commercial and industrial secrets, all property rights attached to the abovementioned rights or any form of similar protection worldwide.
Party means individually Sève or Client, and Parties means collectively Sève and Client.
Services means the services made available and provided by Sève to Client and its Authorized Users through Sève for Brands, which notably include the features and functionalities enabling to manage their digital showroom, and to interact with Stylists.
Stylist means any person who has entered into an agreement with Sève under which he or she has the right to access and use Sève for Stylist, in the context of its professional activities and for professional purposes. Client acknowledges and agrees that, in using Sève for Stylists, Stylists may access and use the Content published by Client (and/or its Authorized Users) on Sève for Brands, subject however to the publishing restrictions Client (and/or its Authorized Users) decided to implement, if any.
Subscription means Client’s subscription to Sève for Brands, in order to access and use Sève for Brands and the Services, under the terms and conditions of these Subscription Terms.
Subscription Duration means the duration of Client’s Subscription to Sève for Brands, commencing on the date Client’s Subscription is validated in accordance with these Subscription Terms. Unless otherwise agreed between the Parties, Client’s Subscription shall be valid for an initial term of one (1) month, and shall automatically renew for successive one (1) month periods, until terminated in accordance with these Subscription Terms.
2. PURPOSE OF THE SUBSCRIPTION TERMS
The purpose of these Subscription Terms is to define the terms and conditions under which Sève provides Client and its Authorized Users the right to access and use Sève for Brands and the Services for the Subscription Duration.
In order to access and use Sève for Brands, the Platform and the Services, without prejudice to the other provisions of these Subscription Terms, Client shall read and adhere in full to all these Subscription Terms during the subscription process as detailed herein, and shall procure that each of its Authorized Users does the same before accessing and using Sève for Brands, the Platform and the Services.
Sève reserves the right to modify or amend these Subscription Terms at any time at its sole discretion, provided however that the modification/amendment shall only apply as from the next Subscription renewal term.
3. ACCESS TO SÈVE FOR BRANDS, THE PLATFORM AND THE SERVICES
Access to Sève for Brands, the Platform and the Services requires the use of a computer, equipped with an operating system, an access to an electronic communication network for the transfer of information, a subscription to an internet access provider, using appropriate communication and web navigation software (browser), installed by Client on its computers.
Client is solely responsible for access to Sève for Brands, the Platform and the Services and is responsible for taking necessary measures to maintain such access.
Sève shall not be held liable for any inconvenience or damage related to the use of the Internet and/or telecom network or generally for an event beyond Sève’s control, including but not limited to, poor transmission and/or reception of any data and/or information on the Internet, failure of any receiving equipment or communication lines, any malfunction of the Internet and telecom network preventing the proper functioning of Sève for Brands, the Platform and/or the Services.
Client and its Authorized Users are solely responsible to take all appropriate measures to ensure the security of their equipment, data, software or other, particularly against contamination by any virus and/or attempted intrusion of which they could be victims.
2. Creation of the Client account
In order to access and use Sève for Brands, the Platform and the Services and subsequently grant access to its Authorized Users under the terms and conditions defined below, Client must purchase a Subscription and create a Client account through Client’s legal representative or any natural person duly authorized to do so.
To do so, Client must fill in the registration form accessible on the Platform (or otherwise provided by Sève), and shall provide all the information labelled as mandatory in the form. In ordert to validate its registration request, Client shall accept these Subscription Terms by ticking the relevant box.
Sève will then review and, as the case may be, validate Client’s registration. Sève reserves the right to determine if a form is valid and/or request additional information.
Client agrees to provide true, accurate, current and complete information, and to maintain and promptly update its account to keep it true, accurate, current and complete.
3. Creation of Authorized Users accounts
Client may authorize its Authorized Users, within the agreed usage limits (if any), to create accounts under Client account.
To do so, each Authorized User must fill in the registration form accessible on the Platform (or otherwise provided by Sève or Client), and shall provide all the information labelled as mandatory in the form. Client will then review and, as the case may be, validate Authorized User’s registration.
Client shall procure that any Authorized User provide true, accurate, current and complete information, and maintain and promptly update its account to keep it true, accurate, current and complete.
The credentials are intended to limit access to Sève for Brands, the Platform and the Services to Client and its Authorized Users only, and to preserve the integrity and availability of Sève for Brands, the Platform and the Services.
Client and its Authorized Users acknowledge and agree that their credentials are personal, confidential and may not be passed on to any other person. Client and its Authorized Users are solely liable for their use and storage of such credentials. Accordingly, any access to Sève for Brands, the Platform and/or the Services and any data transmission made using those credentials will be deemed to have been made by Client and/or the relevant Authorized Users on their own behalf.
Client and its Authorized Users undertake not to disclose the credentials to any third party. Client shall procure that its Authorized Users will not access Sève for Brands, the Platform and/or the Services unless they have been authorized by Client and have created their own personal account in accordance with the above.
Sève shall not be held liable for the consequences of any intentional or unintentional unauthorized use of Clients and/or its Authorized Users’ credentials.
Client shall immediately inform Sève in the event that Client’s and/or its Authorized Users’ credentials are lost, stolen or disclosed to an unauthorized third party, or in the event of any fraudulent use of these credentials or risk thereof, and of any breach of the confidentiality or security of these credentials.
5. Deletion of Authorized Users accounts
Each Authorized User may delete its account at any time, for convenience, by written notice to Sève at: firstname.lastname@example.org. In such a case, the Authorized User will no longer have access to Sève for Brands, the Platform and the Services.
Client undertakes to immediately notify Sève if an Authorized User, for any reason whatsoever, cease to be authorized by Client to access and use Sève for Brands, the Platform and the Services on behalf of Client (e.g., resignation/termination of the relevant employee agreement, etc.). Upon receipt of Client’s notification, Sève will delete the account of the concerned Authorized User. Client shall be responsible to Sève and/or any third party for any late notification or lack of notification which results in the access and use of Sève for Brands, the Platform and the Services by a user which is no longer an Authorized User acting on behalf of Client.
5. FINANCIAL CONDITIONS
For each Subscription, Client will pay to Sève the fees as provided in the applicable subscription form. These fees are notably based on the usage limits and restrictions set forth in the applicable subscription form.
All fees due by Client pursuant to the Subscription are exclusive of sales, use, VAT, customs duties, excise, and any other applicable transaction taxes, which Client will pay (excluding taxes based upon the net income of Sève), and, unless otherwise agreed in writing by Sève, are payable by credit card through the Platform.
Should Client fail to pay any fee by its due date, any amount due to Sève will bear interest at three (3) time the legal interest rate applicable in France, from the first day on which payment is late. Moreover, a fixed fee of forty (40) euros for recovery costs will also be due. In addition, should any amount due to Sève not be settled by Client by its due date, Sève reserves the right, after sending a written notice to Client requiring to pay all outstanding amounts, to suspend, in whole or in part, Client’s access to Sève for Brands, the Platform and/or the Services until such time as the amount is settled in full, without prejudice to any other right of Sève hereunder.
Except to the extent otherwise stated in these Subscription Terms, all obligations to pay fees are non-cancellable and non-refundable and the Client must make payments without set-off, withholdings or deductions of any kind, and payments must be in Euros.
5. FEATURES AND FUNCTIONALITIES
Sève for Brands, the Platform and the Services include the features and functionalities applicable as subscribed by Client as part of its Subscription. Sève may update the features, functionalities, and user interface of Sève for Brands, the Platform and the Services from time to time in its discretion. Sève will make reasonable efforts to communicate online to Client any scheduled changes that Sève believes are likely to have a material adverse impact on Client’s use of Sève for Brands, the Platform and the Services.
Sève may release improvements and other features and functionalities in its discretion. Some features and functionalities may be available only with certain versions or editions of the Sève for Brands, the Platform and the Services, subject to additional fees, or subject to additional terms and conditions. Client agrees that its Subscription and fees due and paid under this Subscription are not contingent on the delivery of any future features or functionalities.
6. CLIENT’S OBLIGATIONS
Client and its Authorized Users undertake to use Sève for Brands, the Platform and the Services in strict compliance with applicable laws and regulations and with the provisions of these Subscription Terms and their purpose. Client is fully and solely liable for its use and the use of its Authorized Users of Sève for Brands, the Platform and the Services.
Furthermore, Client and its Authorized Users are prohibited from:
Client undertakes to use all appropriate technical means to keep the Content secure and make regular backups thereof.
In the event of non-compliance by Client (and/or its Authorized Users) with the above obligations, Sève reserves the right to immediately block Client’s and/or the Authorized Users’ access to Sève for Brands, the Platform and/or the Services and/or to remove all or part of the Content or other information provided by the relevant Client and/or Authorized User without notice and without refund or any other form of compensation.
7. SÈVE’S OBLIGATIONS
Without prejudice to the below, Sève undertakes to make its reasonable efforts to make Sève for Brands, the Platform and the Services available 24 hours a day, 7 days a week, subject to any event of force majeure and the availability of the Internet network. Sève also undertakes to provide its reasonable efforts to remedy any malfunction or non-conformity of Sève for Brands, the Platform and/or the Services brought to its attention, it being specified that Sève may be required to interrupt access to Sève for Brands, the Platform and the Services to perform technical or maintenance work whatever the origin or cause, without this entailing any liability of Sève.
Client expressly understands and agrees that Sève for Brands, the Platform and the Services are provided on an as-is-and-as-available basis with all faults and defects. Sève makes no warranties, for itself and on behalf of its affiliates, licensors and service providers, regarding Sève for Brands, the Platform and the Services whatsoever other than the ones expressly set forth herein and expressly disclaims any and all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. Sève further disclaims any warranty or undertaking, and makes no representation of any kind that the services will meet Client’s requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, devices or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected. Sève makes no warranty that Sève for Brands, the Platform and the Services will be uninterrupted, timely, secure, error free or virus free.
Each Party (“Discloser”) has disclosed or may disclose proprietary or non-public business, technical, financial, or other information or during the Subscription (“Confidential Information”) to the other Party (“Recipient”). Confidential Information of Sève expressly includes non-public information regarding features, functionality, and performance of Sève for Brands, the Platform and the Services. Confidential Information excludes any information that: (a) is or becomes generally available to the public without action or omission by Recipient; (b) was in Recipient’s possession or known by it prior to receipt from Discloser; (c) was rightfully disclosed to Recipient without restriction by a third party; or (d) was independently developed by Recipient without use of or reference to any Confidential Information of Discloser.
Recipient will use Discloser’s Confidential Information only to exercise its rights and fulfill its obligations under this Agreement, including, in Sève’s case, to provide Sève for Brands, the Platform and the Services to Client. Recipient will use a reasonable care, to protect against disclosure of Discloser’s Confidential Information to parties other than Recipient’s employees, contractors, Affiliates, agents, or professional advisors (“Representatives”) who need to know it and who have a legal obligation to keep it confidential. Recipient will ensure that its Representatives are subject to no less restrictive confidentiality obligations than those herein.
Notwithstanding the foregoing, Recipient may disclose the Discloser’s Confidential Information: (a) if prior directed in writing by Discloser; or (b) to the extent required by applicable legal process, provided that Recipient uses commercially reasonable efforts to (i) promptly notify Discloser in advance, to the extent permitted by law, and (ii) comply with Discloser’s reasonable requests regarding its efforts to oppose the disclosure.
The obligations set forth herein will survive for the duration of the Subscription and five years following the expiration or termination of such Subscription.
1. Sève’s liability
Sève’s liability hereunder shall be limited to direct damages caused by its failure to perform its obligations under these Subscription Terms, excluding any and all indirect damages, including any business interruption, loss of revenue, profit, opportunity, business, goodwill and/or data, even if it has been advised of the possibility of such damages. In all events, regardless of the nature or basis of the action initiated against Sève, Sève’s aggregate liability towards Client hereunder for any and all actions and damages shall be limited to the amounts paid by Client and received by Sève for the Subscription over the twelve (12)-month period preceding the damage.
Client acknowledges and accepts that Sève shall not be held liable:
This section remains applicable in case of expiration, nullity, resolution or termination of these Subscription Terms.
To the extent that Sève for Brands, the Platform and/or the Services may contain content that includes links to third party applications and/or websites over which Sève has no control, Client acknowledges and agrees that Sève shall not be liable for the content of such third-party applications and/or websites.
2. Client’s liability
Client is liable for the use that Client and/or its Authorized Users make of Sève for Brands, the Platform and/or the Services and their content, including the Content and the Stylists’ content, and for any breach of their obligations under these Subscription Terms.
In this respect, Client shall indemnify Sève from any complaint, claim, action, demand and/or recourse of any kind that any third party (including inter alia the Brand owners and the Stylists) may make against Sève on the basis of the violation, by Client and/or any of its Authorized Users, of one of their obligations under these Subscription Term, or of the use of Sève for Brands, the Platform and/or the Services made by Client and/or any of its Authorized Users. Client undertakes to compensate Sève for any prejudice, loss and/or damage that Sève may suffer in this respect and to pay all costs, charges and/or sentences that it may have to bear.
10. RELATIONSHIP WITH STYLISTS AND OTHER USERS
Sève’s role is to facilitate transactions between Stylists and Client through the provision of the Platform. Client hereby acknowledges and agrees that Sève is not an agent of the Stylists nor does Sève have any continuing authority to negotiate, deal with, manage, conduct or conclude any contractual transaction on behalf of Stylists. Sève does not have possession of any Stylist content and is not involved in, and bears no responsibility for, the actual transaction between Client and Stylists.
Sève is not a party to the transaction, contract or other arrangement concluded between Client and any Stylist as a result of establishing a relationship through the Platform and the Services. The transaction, contract or other arrangement concluded between Client and any Stylist via the Platform and the Services is directly between and legally binds Client and the applicable Stylist, to the exclusion of Sève. Consequently, all contractual and/or legal obligations that are binding on the Stylist or on Client under the contractual relationship created between them through the Platform and the Services shall be borne by said Stylist or Client, and Sève shall not incur any liability in this regard.
Client acknowledges and agrees that Sève acts solely as simple intermediary between Client and Stylists or other third parties using Sève for Brands, Sève for Stylists, the Platform and/or the Services and under no circumstances shall it (i) be considered as the editor of the content published by Stylists or such other third parties on Sève for Brands, Sève for Stylists, the Platform and/or the Services, (ii) be held liable towards Client or any third party to such content or for its accuracy, quality, truthfulness and reliability.
11. INTELLECTUAL PROPERTY
1. Intellectual Property Rights relating to Sève for Brands, the Platform and the Services
Sève grants to Client and its Authorized Users a personal, non-transferable, non-exclusive right to use Sève for Brands, the Platform and the Services in compliance with these Subscription Terms for the Subscription Duration.
The use of Sève for Brands, the Platform and/or the Services does not entail any transfer of title, of any kind, to Client and/or its Authorized Users. Under no circumstances shall any Intellectual Property Rights, of any nature, related to Sève for Brands, the Platform and/or the Services, including all derivative works, be transferred to Client and/or its Authorized Users.
Client and its Authorized Users therefore undertake not to directly or indirectly reproduce, download, copy, alter, delete, distribute, disseminate, exploit, arrange or adapt Sève for Brands, the Platform and/or the Services, make them available to third parties, market them, lend them or implement any right other than those strictly and expressly authorized in these Subscription Terms.
Client and its Authorized Users undertake to comply with all notices relating to the Intellectual Property Rights or any other rights held by third parties (including inter alia the Stylists) or, as appropriate, its licensors and not to distort, delete, alter or use them without the prior written permission of Sève or otherwise infringe them.
Client and its Authorized Users are prohibited from developing or marketing any software or product that may compete with Sève for Brands, the Platform and/or the Services.
Sève undertakes to defend and hold Client harmless against any claim alleging that Sève for Brands, the Platform and/or the Services (but excluding any Content or other content provided by third parties other than Sève) infringes third-party Intellectual Property Rights, provided that: (i) Client uses Sève for Brands, the Platform and/or the Services in strict compliance with these Subscription Terms and as per Sève’s instructions; (ii) Client promptly informs Sève of any such claim; (iii) Sève has exclusive control over the defense of the claim; and (iv) Client provides all necessary assistance to Sève in connection with the defense of the claim. Sève shall indemnify Client with the amount of the final court decision. Also, if Sève believes that a claim or court action as defined under this section might prevent Client from using Sève for Brands, the Platform and/or the Services, Sève shall endeavor, in its sole discretion: (i) to secure the necessary rights for Client to be entitled to continue to use them; or (ii) modify or replace them with an equivalent solution in terms of functionalities. If Sève believes that such options are not feasible, Sève may terminate the Subscription and refund to Client, if applicable, any advance payment made to use Sève for Brands, the Platform and/or the Services and still unused on the date of termination, on a prorata temporis basis. This section shall be Client’s exclusive remedy and Sève’s only liability in the event of a third-party claim.
Client further undertakes to promptly inform Sève upon becoming aware of any infringement of all or part of Sève for Brands, the Platform and/or the Services by any third party.
2. Intellectual Property Rights relating to the Brands and the Content
Client shall remain the owner or the licensee, as the case may be, of Intellectual Property Rights relating to the Brands, the Brands products and the Content. Client represents and warrants that it owns all the rights, including the Intellectual Property Rights, or has been duly authorized and has been granted all the rights, including the Intellectual Property Rights, to use, represent, reproduce, market, share, commercialize, and diffuse the Brands, the Brands products and the Content, on Sève for Brands, the Platform and the Services for the purposes defined in the Subscription Terms and notably to make it available to the Stylists.
In this regard, Client undertakes to provide, at Sève’s request, without delay any evidence, proof and/or justification of the above-mentioned ownership, title, authorization and/or license relating to the Brands, the Brands products and the Content.
Client hereby grants Sève, for the Subscription Duration, a worldwide and free of charge right to access and use the Content for the purpose of performing its obligations under these Subscription Terms and for the purpose of providing the Services. Client also grants Sève a worldwide and free of charge right to use Client’s name, the Brand and the Brand owner’s name and logo, in any medium and in any form whatsoever as a commercial reference, during the Subscription Duration and two (2) year thereafter.
Client also agrees that its Content may also be used, free of charge, by Sève on its website, its social media accounts, as well as in presentations of its business, by any means and on any medium, for internal and/or external promotion and communication purposes, during the Subscription Duration and two (2) year thereafter.
Client shall be sole liable for, and shall hold Sève harmless against any claim regarding, the quality, lawfulness, relevance and/or non-infringing nature of the use of the Brands, the Brands products and the Content vis-à-vis third parties, including inter alia the Brands owners and the Stylists. In this respect, without prejudice to any other rights and/or remedies available to Sève, Client undertakes to defend and fully indemnify Sève against any action or claim alleging that the Content and/or the use, representation, reproduction, marketing, sharing, commercialization and/or diffusion of the Brands and/or the Brands products, on Sève for Brands, the Platform and/or the Services, or as otherwise provided for herein, fails to comply with applicable laws and/or regulations, or infringes third-party rights (including any Intellectual Property Rights).
3. Feedback – Statistical Data
To the extent Client gives Sève feedback, comments, or suggestions concerning Sève for Brands, the Platform or the Services (“Feedback”), Client hereby grants Sève a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, fully paid license to use and exploit the Feedback without payment, attribution, or restriction. The portions of Feedback that are about Sève for Brands, the Platform or the Services and do not identify Client will not be considered Client’s Confidential Information.
Additionally, Sève will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of Sève for Brands, the Platform or the Services, and related systems and technologies, and Sève will be free (during and after the Subscription) to use such data and information in a de-identified and aggregated form to maintain, improve, and enhance Sève’s products and services.
12. PERSONAL DATA
13. TERMINATION OF THE SUBSCRIPTION
Client may terminate its Subscription, in whole or in part, at any time, for convenience, by written notice to Sève at: email@example.com. In this event, Subscription will automatically terminate, as of right, at the end of the then current one (1) month period (or, in case of non-monthly Subscription, at the end of the then current applicable Subscription period), and Client (and its Authorized Users) will continue to have access to Sève for Brands, the Platform and the Services through the end of the then current one (1) month period (or, in case of non-monthly Subscription, at the end of the then current applicable Subscription period).
Each Party shall be entitled to terminate the Subscription, in whole or in part, at any time, in the event the other Party is in breach of any of its obligations described in these Subscription Terms and fails to fully remedy this breach within a period of seven (7) days following receipt of a written notice send by non-defaulting Party informing the defaulting Party of said breach. In this case, the Subscription shall then automatically terminate, as of right, at the end of the aforementioned seven (7) days’ period without any additional formalities being necessary and without prejudice to any other rights and/or remedies available to the non-defaulting Party.
Upon termination of the Subscription, for any cause whatsoever:
Sève may hire subcontractors for all or part of its obligations hereunder. In any events, Sève shall remain liable for the performance of all of its obligations towards Client, including in case of subcontracting.
The failure by either Party to exercise or enforce in whole or in part any right, power or privilege to which such Party is entitled pursuant to these Subscription Terms shall not constitute a waiver of that right, power or privilege. To be valid, waiver by any Party of any such right, power or privilege must be in writing.
If any provision in these Subscription Terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void, or unenforceable) will be struck and will not affect the validity of and enforceability of the remaining provisions of these Subscription Terms.
These Subscription Terms represent the entire understanding, and constitute the entire agreement between the Parties, in relation to its subject matter and supersedes any previous express or implied agreement in any form whatsoever (including letters, memoranda, protocols and contracts) between the Parties with respect thereto.
16. GOVERNING LAW – DISPUTES
The conclusion, interpretation, validity, execution, performance and termination of these Subscription Terms and in general any use of Sève for Brands, the Platform and the Services are governed by French law.
In the event of a dispute relating to the conclusion, interpretation, validity, execution, performance and/or termination of these Subscription Terms and in general relating to or in connection with the use of Sève for Brands, the Platform and the Services, Sève and Client will attempt to settle the dispute amicably. Unless amicably settled, Sève and Client irrevocably consent to submit their dispute exclusively to the competent courts of Paris (France), notwithstanding multiple defendants or third-party applications for indemnity, and even in cases involving protective applications or expedited or ex-parte proceedings.