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 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 its 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 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

As long as the Service has not been fully performed as defined above, the consumer may withdraw within fourteen (14) days: the amounts paid are then fully refunded by Paddle via the original payment method, no later than fourteen (14) days after receipt of the request. Withdrawal is exercised online from the organizer space (“Withdraw from contract here” feature, Article L221-21), using the form in the annex, or by email to contact@fotelya.com; an acknowledgment of receipt is sent without delay. The free offer allows you to test the Service before any purchase; details are provided in the Refund Policy.

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.

The Publisher may remove without notice any Content that is clearly illegal or inappropriate. 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 may contest it by writing to contact@fotelya.com (single point of contact); the Publisher will review the decision and respond within a reasonable timeframe. Any illegal content may also be reported to the same address by any person or authority; notifications are handled promptly (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 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). In all cases, the Publisher is not responsible for user-generated Content, nor for malfunctions attributable to the network, the user's equipment or a third party, nor for cases of force majeure.

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

The Publisher may suspend or terminate access, without notice and without compensation, in the event of a breach of these Terms and Conditions, abusive or unlawful use, or a risk to the Service's security or that of third parties. The user may stop using the Service and request deletion of their Album 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; delete the Content when the Offer expires or the Album is deleted; make available the information needed to demonstrate compliance with these obligations.

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 modify these Terms and Conditions at any time. The applicable version is the one in force at the date of use of the Service or of the order. In the event of a material modification, affected users will be notified by an appropriate means.

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), consent to immediate performance and the acknowledgment set out in section 8 shall apply under the same conditions.

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, applicable as long as the Service has not been fully performed (Article 8). It may be sent by email to contact@fotelya.com; the online function in the organizer space produces the same effects.