General terms and conditions of use and sale
1. Purpose
These general terms and conditions of use and sale (the T&C ") govern access to and use of the Fotelya service (the Service "), an online photo and video gallery for events, accessible via a web browser by scanning a QR code or clicking a link, without installing any application. They apply to any Organizer and any Guest worldwide, subject to mandatory provisions applicable to consumers in their country of residence.
2. Definitions
- Publisher : Johann Flipo, sole trader, SIREN 107 376 071, 6 rue d'Armaillé 75017 Paris, provider of the Service (see Legal notices).
- Organizer : the person who creates an Album for an event and, where applicable, subscribes to a paid offer.
- Guest : any person who accesses an Album via QR/link to view or add Content.
- Album : the private sharing space associated with an event.
- Content : photographs, videos and other elements uploaded by users.
- Offers : access plans (free and paid) described on the Pricing page.
3. Acceptance of terms
Creating an Album, accessing an Album or subscribing to an Offer constitutes full and complete acceptance of these Terms and Conditions. The user declares having the legal capacity to enter into a contract. The Service is not intended for persons under 15 years of age without the consent of a parent or legal guardian.
4. The service
Fotelya allows you to gather, in real time and in a shared Album, the photos and videos shared by the participants of an event, with an option to display on a large screen ("live wall") and to download the entire collection. The Service is provided "as is" and may evolve (addition, modification or removal of features) to improve quality or security.
5. Guest access
Guests access the Service without an account or password, via QR/link and, where applicable, a code (PIN). The Organizer is responsible for sharing the QR/link and managing access to their event.
6. Organizer space
The Organizer is responsible for the accuracy of the information provided and the confidentiality of their access. They agree to use the Service in accordance with its intended purpose and these Terms and Conditions.
7. Offers, pricing and payment
The Offers and their prices are listed on the Pricing page. Prices are displayed inclusive of all taxes (VAT included) and automatically adjusted to the customer's country. The sale, billing and collection of taxes (VAT and equivalents worldwide) are handled by our official reseller Paddle (Merchant of Record), which appears as the seller on the receipt. The order is final upon payment validation. The free Offer allows you to try the Service without payment or credit card.
8. Right of withdrawal
The Service is a digital service/content provided and executed immediately. By subscribing to a paid Offer, the user expressly requests immediate execution of the Service before the end of the 14-day legal withdrawal period and acknowledges waiving their right of withdrawal once the Service has been fully executed, in accordance with articles L.221-28 1° and 13° of the French Consumer Code (transposing Directive (EU) 2011/83). This express consent is collected via a dedicated checkbox at the time of payment.
As a result, no refund is due under the withdrawal right once execution has begun with this consent. The free Offer allows you to test the Service before any purchase. Any refunds are subject to Paddle's policy and applicable mandatory provisions.
9. User Content
The Organizer and Guests retain full rights over their Content. They grant the Publisher a non-exclusive, free, strictly limited and temporary license, solely for the purpose of hosting, displaying in the Album and live wall, and enabling download of the Content for the provision of the Service; this license ends when the Content or Album is deleted. The Publisher does not resell the Content, does not exploit it for any advertising purposes and does not use it to train third-party artificial intelligence.
By publishing Content, the user guarantees : (i) that they hold the necessary rights; (ii) that they have obtained the consent of identifiable individuals appearing in the Content (right to image); (iii) that the Content is neither illegal, nor defamatory, nor contrary to the rights of third parties or public order. The user guarantees the Publisher against any third-party claims in this regard. Any person appearing in Content may request its removal at contact@fotelya.com.
10. Moderation and reporting
The Service includes three levels of moderation: (i) automated, by a European artificial intelligence provider, according to the Organizer's chosen setting (standard, strict or disabled), which only masks manifestly inappropriate content; (ii) human, the Organizer being able to mask or restore any Content in their Album at any time; (iii) on report, any Guest being able to report content from the gallery, the reported content being immediately masked pending a decision by the Organizer or the Publisher.
The Publisher may remove without notice any manifestly illegal or inappropriate Content. In accordance with Regulation (EU) 2022/2065 ("DSA"), the author of Content removed or masked by the Publisher may obtain the reasons for this decision and challenge it by writing to contact@fotelya.com (single point of contact); the Publisher re-examines the decision and responds within a reasonable timeframe. Any illegal content may also be reported to this same address by any person or authority; notifications are handled diligently (acknowledgment of receipt, decision, notification to the reporter). The Organizer remains responsible for the use of their event and the Content shared there.
11. Prohibited uses
- to publish illegal, violent, hateful or pornographic content involving minors, or content that infringes the rights of third parties;
- to attempt to bypass security measures, access controls or technical limits;
- to use the Service for fraudulent purposes, spam, or mass data collection;
- to upload volumes that are manifestly excessive for reasonable event use (the notion of "unlimited" refers to fair use) ;
- to use the Service in violation of international sanctions regimes (European Union, United Nations, OFAC): the Service is not provided in countries under full embargo nor to individuals on sanctions lists, and may not be resold, re-exported or made available in violation of these regimes.
12. Availability and maintenance
The Publisher is subject to a best efforts obligation. It strives to ensure optimal Service availability but does not guarantee uninterrupted or error-free operation. The Service may be suspended for maintenance, security updates or force majeure events.
13. Liability
To the fullest extent permitted by law: the Publisher's liability shall not be engaged for indirect damages (data loss after retention period, loss of business, commercial or moral harm); the Publisher's total liability, for all causes combined, is capped at the amount actually paid by the user under the Service during the twelve (12) months preceding the taxable event. The Publisher is not responsible for Content published by users, nor for any malfunction attributable to the network, the user's equipment or a third party, nor for a case of force majeure.
These limitations apply without prejudice to mandatory legal warranties to which the consumer is entitled (including the legal warranty of conformity and the warranty against hidden defects under French law, and equivalent public order protections in their country of residence), which cannot be excluded or limited. Nothing in these Terms limits liability in the event of gross negligence, wilful misconduct or harm to individuals.
14. Automatic retention and deletion
The Content and the Album are automatically deleted once the retention period specific to the subscribed Offer has elapsed. It is the user's responsibility to download their memories before this deadline ; the Publisher cannot be held liable for any loss occurring after deletion. Data processing details are set out in the Privacy Policy.
15. Suspension and termination
The Publisher may suspend or terminate access, without notice and without compensation, in the event of a breach of these Terms of Service, abusive or unlawful use, or a risk to the security of the Service or third parties. The user may stop using the Service and request the deletion of their Album at any time.
16. Personal data
Personal data processing, based on data minimisation, is described in the Privacy Policy (compliant with GDPR, EU 2016/679). Data is hosted within the European Union and automatically deleted after the event.
17. Intellectual property
The « Fotelya » brand, the logo, the interface, editorial content and the Service technology are the exclusive property of the Publisher and protected by intellectual property law. Any unauthorised use is prohibited.
18. Modification of the Terms of Service
The Publisher may modify these Terms of Service at any time. The applicable version is the one in force on the date of use of the Service or of the order. In the event of a substantial modification, affected users will be informed by an appropriate means.
19. Complaints and consumer mediation
Any complaint may be sent to support@fotelya.com ; the Publisher endeavours to respond within a reasonable timeframe. In accordance with articles L.612-1 and following of the French Consumer Code, the consumer may resort free of charge to a consumer mediator: CM2C (Centre de Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris. Online submission at cm2c.net, email litiges@cm2c.net, phone 01 89 47 00 14. European online dispute resolution platform: ec.europa.eu/consumers/odr.
20. Applicable law, language and jurisdiction
These Terms of Service are governed by French law. The reference language is French. Any dispute shall fall under the jurisdiction of the competent French courts, subject to, for the consumer, the mandatory rules of jurisdiction and the public order protective provisions applicable in their country of habitual residence within the European Union or elsewhere.
21. PRO Offer (professionals)
The PRO Offer is intended for professionals in the events industry (photographers, DJs, agencies, venues, etc.) acting for purposes related to their business. It takes the form of a monthly subscription with tacit renewal, cancellable at any time via the subscription management portal; cancellation takes effect at the end of the current monthly period, free of charge. Albums created during the subscription retain their own lifespan.
The right of withdrawal provided for the benefit of consumers does not apply to professionals acting in the course of their business; where the law extends this right to certain professionals, consent to immediate execution and the waiver provided for in article 8 are collected at the time of payment.
White-label. The PRO Offer allows Professionals to present Albums under their own brand. The Professional remains solely responsible towards their own clients and Guests: informing individuals, collecting consent and image rights, ensuring compliance with regulations applicable to their business. They are also responsible guarantees the Publisher for any claim from their clients or third parties in this regard. Each Album created via the PRO Offer remains subject to these Terms and Conditions, which apply to Guests and content under the same conditions.
The liability limitations set out in Article 13 apply to the PRO Offer. The Publisher does not guarantee any commercial results for the Professional.
22. Miscellaneous provisions
If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The Publisher's failure to enforce any right or provision shall not be construed as a waiver of such right or provision. These Terms and Conditions, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between the parties. The Publisher may assign the contract as part of a reorganization or transfer of business.