General terms and conditions of use and sale

In force at the time of publication. Last update: to be completed.

Fotelya reference document. Working template: fields [in brackets] will be completed upon company creation. Designed for maximum protection under French and European law; a final review remains recommended before publication.

1. Purpose

These general terms and conditions of use and sale (the « T&Cs ») 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 every Organizer and every Guest worldwide, subject to mandatory provisions applicable to consumers in their country of residence.

2. Definitions

Publisher : [NAME / LEGAL ENTITY], 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 : the photographs, videos and other elements uploaded by users.
Offers : the 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 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 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 legal 14-day 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 in respect of withdrawal 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 license non-exclusive, free, strictly limited and temporary, solely for the purpose of hosting, displaying in the Album and live wall, and enabling the download of Content for the provision of the Service; this license terminates upon the deletion of the Content or the Album. 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 warrants : (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, defamatory, nor contrary to the rights of third parties or public order. The user shall indemnify the Publisher against any third-party claims to this effect. Any person appearing in Content may request its removal at contact@fotelya.com.

10. Moderation

The Service includes moderation (automated and based on reports). The Publisher may remove without notice any Content that is manifestly illegal or inappropriate. The Organizer remains responsible for the use of their event and the Content shared there.

11. Prohibited uses

publishing illegal, violent, hateful, pornographic content involving minors, or infringing the rights of third parties;
attempting to bypass security measures, access controls, or technical limits;
using the Service for fraudulent purposes, spam, or mass data collection;
uploading volumes that are manifestly excessive in relation to reasonable event usage (the notion of "unlimited" refers to fair use).

12. Availability and maintenance

The Publisher is subject to a obligation of means. It strives to ensure optimal availability of the Service 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

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 or moral harm); the total liability of the Publisher, regardless of the cause, is capped at the amount actually paid by the user for the Service during the twelve (12) months preceding the event giving rise to the claim. The Publisher is not liable for Content published by users, nor for malfunctions attributable to the user's network, equipment, or a third party, nor for cases of force majeure.

These limitations apply without prejudice to mandatory legal guarantees to which the consumer is entitled (including the legal guarantee 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 cases of gross negligence, wilful misconduct, or harm to individuals.

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 illegal use, or a risk to the security of the Service or third parties. The user may cease using the Service and request deletion of their Album at any time.

16. Personal data

Personal data processing, based on minimization, 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, logo, interface, editorial content and Service technology are the exclusive property of the Publisher and protected by intellectual property law. Any unauthorized use is prohibited.

18. Modification of Terms and Conditions

The Publisher may modify these Terms and Conditions at any time. The applicable version is the one in force on the date of use of the Service or the order. In case of substantial modification, affected users will be informed by an appropriate means.

19. Complaints and consumer mediation

Any complaint may be sent to contact@fotelya.com ; the Publisher will endeavor 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: [Consumer mediator to be designated before going live; recommended: CM2C, www.cm2c.net]. European online dispute resolution platform: ec.europa.eu/consumers/odr.

20. Applicable law, language and jurisdiction

These Terms and Conditions 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 protective provisions of public order applicable in their country of habitual residence within the European Union or elsewhere.

21. 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 enforce any right or provision does not constitute a waiver. 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 in the context of a reorganization or transfer of business.