General Terms and Conditions of Use and Sale

1. Purpose

These general terms and conditions of use and sale (the “Terms and Conditions”) 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, with no app installation required. 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 lets participants of an event gather, in real time and in a shared Album, the photos and videos they share, with an option to display them on a big screen ("live wall") and a download of everything. For a paid Offer, the services and the version of the terms that apply are those agreed at the time of purchase and reproduced in its confirmation; they continue to be provided for the whole duration agreed. The Service may evolve to improve its quality or security, within the limits allowed by law: these changes do not remove a paid service and do not limit the consumer's legal guarantees or remedies.

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 all taxes included (TTC) 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 becomes binding once payment is validated. The free Offer allows you to try the Service without payment and without a payment card.

8. Right of withdrawal

8.1. Period and how to withdraw. You have 14 days to withdraw from a purchase, without having to give a reason. The period starts on the day after the purchase and ends at the end of the fourteenth day; if it ends on a Saturday, a Sunday or a public or non-working holiday, it is extended to the next working day. You only need to send your decision before the end of the period: from your organizer space ("Withdraw from contract here"), with the form in the annex, or by any clear message to contact@fotelya.com. The date of sending determines whether the withdrawal period is met. The first communication of your decision to Fotelya or to Paddle determines when the calculation stops and when the refund period begins. The extensions provided by law, in particular where information is missing, apply.

8.2. Immediate start. Right above the "Pay and activate" button, we tell you that by clicking, you expressly ask for your plan, or the benefits added by an upgrade to Premium, to start right away, before the end of the withdrawal period, and that you acknowledge that this right will end if the purchase is fully provided before the end of the period. We also remind you there of the period, how to withdraw, the refund and what would remain due. Your plan starts once the confirmation of your purchase, which includes the applicable terms and the model withdrawal form, has been made available to you. Using the service, seeing the event date go by, opening the wall or downloading files does not, on its own, make you lose your right of withdrawal.

8.3. What remains due if you withdraw. You only pay for the service already provided at the time you send us your decision. For this calculation, the price actually paid (after any discount, in the currency of payment) is split between the day of your event and the retention of your memories:

• Event: 60% of the price actually paid for the day of the event, i.e. €29.40 for a purchase of €49; the rest for retention;
• Premium: €29.40 out of €89 for the day of the event, the same proportion applying if you paid a different amount; the rest for retention and the Premium benefits;
• upgrade from Event to Premium: the whole price of the upgrade corresponds to retention and the added benefits; no share for the day of the event is withheld.

The amount of the share for the day of the event is shown above the payment button and in the confirmation email. This share covers the collection of your guests' photos and videos, the live wall and the album. It is only due for what was provided by the purchase concerned, between its activation and your decision:

• nothing if fewer than 10 photos or videos have been received and the live wall has not been opened; from 1 to 9 photos or videos, nothing is withheld;
• half if at least 10 photos or videos have been received, or if the live wall has been opened from your organizer space;
• the whole share if, in addition, the full album has been downloaded from your organizer space.

The full album means the download, carried through to the end from your organizer space, of all the photos and videos visible in the Album at that time. Downloading a single file, an album downloaded by a guest or an interrupted download do not count as a full album. Photos and videos received before activation, in particular with the free offer, do not count, and a wall displayed by a guest does not count as opening the wall. The event date you entered plays no part in the calculation. This scale is a ceiling: no service that was not provided is charged.

Retention is due only for the days already provided, between activation and your decision, in proportion to the retention period confirmed at the time of purchase. The same day of retention or the same use is never counted for two purchases. Amounts are rounded to the cent in your favor, and the total withheld never exceeds the price paid.

If the total price is excessive, the amount due is calculated on the market value of the service provided, as provided for by article L221-25 of the French Consumer Code. Nothing is due for the immediate start if your express request was not obtained, or if the information required by law about the right of withdrawal or about what remains due was not given to you. No administrative fee or penalty is added.

8.4. Upgrade to Premium. The upgrade to Premium completes the Event purchase to which it is attached; it is not a standalone Premium purchase. It is refunded pro rata for the Premium retention days that remain, and uses made before the upgrade are not charged a second time. If you withdraw from the Event purchase, the Premium benefits end with it and the upgrade is refunded in the same way.

8.5. Details and refund. The acknowledgment of receipt of your withdrawal states the purchase concerned, the date on which your decision reached us and the details of the calculation, with the dates of the items counted. Nothing that happens after your decision increases the amount withheld. You can dispute these details simply by replying to that message, without this delaying your withdrawal or your refund. Sales and invoicing are handled by our official reseller Paddle: Paddle.com Market Limited, 30 Old Bailey, London EC4M 7AU, United Kingdom, or, for a purchase made from the United States or Canada, the Paddle company of that country shown on your receipt, under the terms published at https://www.paddle.com/legal/buyer-terms. The refund is made by Paddle, without delay and no later than 14 days after your decision, to the payment method used, unless you expressly agree to another method, at no cost to you.

8.6. Getting your memories back, earlier purchases and guarantees. Withdrawal ends the paid benefits of the purchase concerned, but you can still get your photos and videos back free of charge: they remain available to download from your organizer space for 30 days after your decision, and you can also ask us for them at contact@fotelya.com. A download made after your decision never changes the amount refunded. Purchases made before 17 October 2026 (effective date of this version) remain subject to the terms in force at the time of purchase. This article does not limit your legal guarantees or your remedies in case of a defect in the service.

Dates taken into account: to meet the withdrawal period, it is enough to send your decision before it ends, even if it reaches us afterwards. The calculation of what remains due stops on the date on which your decision is first communicated, to Fotelya or to Paddle, and the 14-day refund period runs from that date. A processing delay on our side never shifts these dates.

The Paddle entity that sells you the plan depends on your country: for a purchase from the United States or Canada, it is the Paddle company of that country, indicated on your receipt and in your confirmation email. Our refund rule never reduces the rights that the law guarantees you, nor any more favorable refund that Paddle's terms applicable to your purchase would grant you.

Your plan starts once the confirmation of your purchase, which includes the applicable terms and the model withdrawal form, has been made available to you.

If the information about your right of withdrawal was not provided to you as required by law, the period is extended by twelve months after the end of the initial period. If you receive this information during that extension, you have fourteen days from receiving it.

These tiers set the maximum that can be withheld. Before the refund, we check that the service invoiced and its value are sufficiently demonstrated. Failing that, the amount withheld is reduced to the amount actually justified. No service that was not provided is invoiced.

the contractual period during which the plan is provided, from its activation until the retention end date that applies to the purchase

Your plan is provided from its activation until the end date of provision indicated for your purchase. The legal guarantee of conformity covers this entire period. The six or twelve months of retention are counted from the date of the event, subject to the more favorable end date indicated for your purchase.

The services, storage capacity, features and their limits, compatibility, interoperability and end date of provision of your plan are stated before payment, then reproduced in the confirmation of your purchase.

For Premium, the share for the day of the event keeps the proportion of €29.40 out of €89, or about 33% of the price actually paid.

The date of sending determines whether the withdrawal period is met. The first communication of your decision to Fotelya or to Paddle determines when the calculation stops and when the refund period begins.

In the event of withdrawal, the refund is made without undue delay and no later than fourteen days after your decision is first communicated to Fotelya or to Paddle. This period does not depend on the validation of your request. The credit to your account then depends on the processing times of your bank.

9. User Content

The Organizer and Guests retain full rights to their Content. They grant the Publisher a non-exclusive, royalty-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 terminates upon deletion of the Content or the Album. The Publisher does not resell the Content, does not use it for any advertising purposes and does not use it to train artificial intelligence; nor does its moderation provider (training option disabled).

By publishing Content, the user warrants: (i) that they hold the necessary rights; (ii) that they have obtained consent from identifiable persons appearing in the Content (image rights); (iii) that the Content is neither illegal, nor defamatory, nor contrary to the rights of third parties or public policy. The user indemnifies the Publisher against any third-party claims in this regard. Any person appearing in Content may request its removal by emailing contact@fotelya.com.

10. Moderation and Reporting

The Service includes three levels of moderation: (i) automated, by a European AI provider, according to the setting chosen by the Organizer (standard, strict, or disabled), which only masks content that is clearly inappropriate; (ii) human, with the Organizer able to mask or restore any Content in their Album at any time; (iii) via reporting, with any Guest able to report content directly from the gallery, whereupon the reported content is immediately masked pending a decision by the Organizer or the Publisher.

This immediate action is capped: at most five (5) maskings per hour per Guest, device or connection, and at most thirty (30) per hour per gallery, so that an Album cannot be emptied from a single shared connection. Beyond that, the request is refused with no effect on the Content and the Guest is invited to write to contact@fotelya.com to ask for a review; on their side, the Organizer keeps the ability to mask or restore without limit from their dashboard.

The Publisher may remove without notice any Content that is clearly illegal or inappropriate. In accordance with Regulation (EU) 2022/2065 (the "DSA"), when the Publisher removes or hides Content, it gives its author the reasons no later than at the time of the decision, provided it has their electronic contact details; the author may contest the decision by writing to contact@fotelya.com (single point of contact), and the Publisher reviews it and replies within a reasonable time. Any person or authority may report illegal content to the same address; the notice states the reasons why the content is considered illegal, its exact location (address of the album or photo), the name and email address of the person submitting it, and a statement confirming that it is submitted in good faith. It is handled diligently: acknowledgement of receipt, reasoned decision and information of the person who submitted it. 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 in relation to reasonable event use (the concept of “unlimited” is understood as 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 bound by a best-efforts obligation. It strives to ensure optimal Service availability but does not guarantee uninterrupted and error-free operation. The Service may be suspended for maintenance, security updates or in cases of force majeure.

13. Liability

With respect to a Professional, to the fullest extent permitted by law: the Publisher's liability shall not be engaged for indirect damages (data loss after the retention period, loss of business, commercial harm); its total liability, regardless of the cause, is capped at the amount actually paid for the Service during the twelve (12) months preceding the event giving rise to the claim. With respect to a consumer, the Publisher's liability is governed by the ordinary rules of law: nothing in these Terms and Conditions removes or reduces the consumer's right to compensation if the Publisher fails to meet any of its obligations (Article R212-1, 6° of the French Consumer Code). The Publisher is not liable for Content published by users. It may be released from all or part of its liability only by proving that the failure to perform, or the improper performance of, the Service is attributable either to the user, or to the unforeseeable and insurmountable act of a third party unconnected with the provision of the Service, or to force majeure (Article L221-15 of the French Consumer Code).

14. Retention and automatic deletion

Content and the Album are automatically deleted at the end of the retention period specified in the subscribed Offer. 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

Immediate suspension may take place where it is necessary to stop unlawful use or a serious risk to the security of the Service or of third parties. Other breaches of these Terms give rise, where their nature allows, to a notice stating the reason and a reasonable period to remedy them. Any suspension or termination respects the consumer's mandatory rights, in particular the rights to a refund and to compensation. The user may stop using the Service and ask for their Album to be deleted at any time.

16. Personal data

The processing of personal data, based on data minimization, is described in the Privacy Policy (GDPR compliant, EU 2016/679), which publishes the list of our processors, their country and the safeguards for each transfer. Photos, videos and the database are hosted within the European Union, and event data is deleted automatically after the event.

Roles. The Publisher is the controller of the processing needed to run the Service. For the Content an Organizer has collected from their Guests, the Publisher acts according to that Organizer's settings. Where the Organizer is a controller in their own right, in particular a Professional (section 21) or a company, the Publisher acts as a processor within the meaning of Article 28 GDPR and undertakes to: process the Content only to provide the Service, according to those settings; ensure its confidentiality and security; use only the published subprocessors, give notice of any change before it takes effect and allow the Organizer to object to it, and impose the same obligations on those subprocessors; help the Organizer respond to requests to exercise rights and meet their obligations in the event of a personal data breach, which is notified to them without undue delay; at the end of the Service, at the Organiser's choice, allow them to download the Content and then delete it, or delete it directly, unless the law requires it to be kept; make available to them the information needed to demonstrate compliance with these obligations, and allow for and contribute to audits, including inspections, conducted by the Organiser or an auditor mandated by them.

17. Intellectual property

17.1 The Publisher's creations. The Service and everything it is made of are original works of the Publisher: the "Fotelya" trademark and logos, the interface and its code, the live wall, the Album, the invitations and save-the-dates, the graphic themes, illustrations, scenery, opening films and animations, layouts, typographic compositions, template texts, music produced by the Publisher, together with the display mechanisms and sequences that bring them to life on screen. All of it is protected by the French Intellectual Property Code and by the applicable international conventions. The Publisher remains the sole owner, including after personalization by the Organizer.

17.2 User content. The photos, videos, messages, first names, texts and music provided by the Organizer or by Guests remain their property, under the conditions of section 9. Nothing in this section transfers them to the Publisher.

17.3 License of use. Subscribing to an Offer grants the Organizer a personal, non-exclusive and non-transferable right of use, limited to their event and their own Guests, for the period set out in section 14. This right transfers no ownership of the Publisher's creations.

17.4 Prohibitions. Without the Publisher's written consent, it is prohibited to reproduce, copy, adapt, translate, print, photograph or film for republication, decompile, extract or reuse all or part of a creation of the Publisher, whether free of charge or for a fee, for oneself or for a third party; to offer a competing service built from these elements; to remove or hide the "Fotelya" origin notice.

17.5 Remedies. Any unauthorized use constitutes infringement and may engage the civil and criminal liability of its author (Articles L.335-2 et seq. of the French Intellectual Property Code). The Publisher may suspend access to the Service under the conditions of section 15 and take legal action.

17.6 Trademarks. "Fotelya" and its logos are trademarks that have been filed. Their use is reserved to the Publisher and to the origin notice displayed on the Service.

17.7 Reporting. Anyone who believes that content displayed on the Service infringes their rights may report it to contact@fotelya.com under the conditions of section 10. The Publisher reviews every report and removes the content concerned if the infringement is established.

18. Amendments to the Terms and Conditions

The Publisher may update these Terms. For a paid Offer, the applicable version is the one in force on the date of purchase, reproduced in its confirmation: a new version does not retroactively change a purchase already made. For free use of the Service, the applicable version is the one in force on the date of use. In the event of a substantial change, the users concerned are informed by appropriate means. Changes to the Service are made under the conditions set out in article 4.

19. Complaints and consumer mediation

Any complaint may be sent to support@fotelya.com; the Publisher strives to respond within a reasonable timeframe. Pursuant to Articles L.612-1 et seq. of the French Consumer Code, the consumer may resort free of charge to a consumer mediator: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris. Online submission at cm2c.net, email litiges@cm2c.net, phone +33 1 89 47 00 14.

20. Applicable law, language and jurisdiction

These Terms and Conditions are governed by the laws of France. The reference language is French. Any dispute shall fall under the jurisdiction of the competent French courts, subject, for the consumer, to the mandatory rules of jurisdiction and consumer protection 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 activities. It takes the form of a monthly subscription, tacitly renewable and 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.

Subscribing to the PRO Offer includes a declaration of acting in a professional capacity, collected via a dedicated checkbox at the time of payment. The right of withdrawal provided for consumers does not apply to professionals acting in the course of their business; where the law extends this right to certain professionals (notably Article L221-3 of the French Consumer Code), it is exercised under the conditions of section 8.

White-label. The PRO Offer allows Albums to be presented under the Professional's brand. The Professional remains solely responsible towards their own clients and Guests: informing individuals, obtaining consent and image rights, compliance with applicable regulations for their business activities. They shall indemnify the Publisher against 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 section 13 apply to the PRO Offer. The Publisher does not guarantee any commercial outcome 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. The Publisher's failure to invoke a breach shall not be construed as a waiver. These Terms and Conditions, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between the parties. The Publisher may assign the contract as part of a reorganization or business transfer.

Annex. Withdrawal form

Model form set out in the annex to Article R221-1 of the French Consumer Code, usable during the withdrawal period provided for in Article 8. It may be sent by email to contact@fotelya.com; the online function in the organizer space produces the same effects.