PELLI TERMS OF USE

Version dated October 6, 2025

Language and Interpretation

These Terms of Use have been written in French and translated into English for convenience. In the event of any inconsistency or discrepancy between the French and English versions, the French version shall prevail.

French law applies to these Terms. In case of dispute, French courts shall have exclusive jurisdiction.

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TABLE OF CONTENTS

1. Preamble
2. Acceptance of Terms
3. Definitions
4. Service Description
5. Registration and User Account
6. Service Usage Rules
7. Prohibited Content
8. Artificial Intelligence Features
9. Intellectual Property
10. Suspension, Restriction and Termination
11. Personal Data Protection
12. Availability and Liability
13. Reporting Illegal Content
14. Support and Contact
15. Applicable Law and Jurisdiction
16. Miscellaneous Provisions

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1. Preamble

1.1 Introduction

These Terms of Use (hereinafter "Terms" or "TOU") govern the use of the Pelli platform, a photo gallery hosting and management service for professional and amateur photographers.

Pelli is provided by:

LUMY.MEDIA SAS with share capital of 2,000 euros Registered with the RCS of Brest under number B 889 608 790 Registered office: Quai de la Douane, Building LE GRAND LARGE, 29200 Brest, France (hereinafter "Pelli", "we" or "our")

1.2 Purpose

These Terms define the usage rules of the Pelli Service, the rights and obligations of Users, as well as the responsibilities of each party.

These Terms complement the Terms of Sale (TOS) which govern the contractual and commercial aspects (pricing, payments, termination, etc.).

1.3 Scope of Application

These Terms apply to:

• Any Photographer (professional or amateur) using the Pelli Service
• Any person accessing public galleries as an End Customer
• Any person browsing the website pelli.io

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2. Acceptance of Terms

2.1 Mandatory Acceptance

The use of the Pelli Service implies the full and complete acceptance of these Terms. If you do not accept these terms, you must not use the Service.

2.2 Acceptance During Registration

When creating your account, you must check the box:

☑ "I accept the Terms of Use and Terms of Sale of Pelli"

This action constitutes an electronic signature having the same legal value as a handwritten signature (Article 1127-1 of the French Civil Code).

2.3 Modifications to the Terms

Pelli reserves the right to modify these Terms at any time.

Notification of modifications:

• Minor modifications (corrections, clarifications): Notification by email and banner in the interface
• Substantial modifications (new obligations, restrictions): Notification 30 days in advance by email

Acceptance of new Terms:

• Minor modifications: Continued use of the Service after notification constitutes tacit acceptance
• Substantial modifications: Active acceptance required via a modal window upon next login

Right to refuse: In case of refusal of substantial new Terms, the User may terminate their account without penalty within 30 days following notification with prorated refund (annual subscriptions).

2.4 Current Version

The current version of the Terms is always accessible at pelli.io/cgu with mention of the date of last update and version number.

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3. Definitions

The following terms have the meaning indicated below:

• "Service" or "Platform": Refers to the Pelli web application accessible via app.pelli.io and all related services (API, integrations, etc.).

• "User" or "Photographer": Refers to any natural or legal person who has created an account on Pelli to create and manage photo galleries.

• "End Customer": Refers to the Photographer's clients who access galleries created via Pelli (without a Pelli account).

• "Account": Refers to the User's personal space on the Platform, accessible via secure login credentials (email + password).

• "Gallery": Refers to a collection of photos and/or videos organized and shared by the Photographer with their End Customers.

• "Content": Refers to all data uploaded, created, stored or shared by the User via the Service, including without limitation: photos, videos, texts, metadata, comments.

• "Illegal Content": Refers to any content violating French and European legislation (see article 7).

• "AI Features": Refers to optional features based on artificial intelligence (facial recognition, semantic search) that can be activated by the User.

• "Account Suspension": Refers to the temporary blocking of access to the Service while retaining data (precautionary measure).

• "Account Restriction": Refers to the permanent blocking of access to the Service with data retention for 90 days for possible investigation (definitive measure following serious violation).

• "Termination": Refers to the definitive closure of the account with data deletion after a 30-day recovery period.

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4. Service Description

4.1 Service Offered

Pelli provides an online platform allowing photographers to:

Gallery Management:

• Create and organize photo/video galleries
• Customize appearance (colors, logo, typography)
• Organize by folders and categories
• Define access parameters (password, expiration, etc.)

Secure Sharing:

• Generate unique and secure sharing links
• Create multiple links with folder filtering
• Protect with password
• Set automatic expiration dates

Client Interaction:

• Selection system (likes, super-likes)
• Comments on photos
• High-resolution download (according to photographer settings)
• Real-time activity notifications

Professional Tools:

• Automatic watermark application
• Detailed statistics (views, downloads, interactions)
• Email template management
• Spotify music integration (Pro/Ultra plans)
• Store module (Ultra plan only)
• Collaboration between photographers

Optional AI Features (Ultra plan only):

• Facial recognition (opt-in, see article 8)
• AI semantic search (opt-in, see article 8)

4.2 Infrastructure and Sovereignty

Pelli commits to complete digital sovereignty:

100% France/Europe Hosting:

• OVH Gravelines (France): Main application servers
• Scaleway Paris (France): S3 storage and backup (atomic shelter 20m underground)
• Cloudflare: Only SSL/TLS security, no data storage

Refusal of American giants:

• No use of AWS, Google Cloud or Microsoft Azure
• Protection against American extraterritorial laws (Cloud Act, USA Freedom Act)

Open Source Technologies:

• InsightFace (facial recognition): MIT License
• CLIP (AI search): OpenAI, open source
• Qdrant (vector database): Apache 2.0 License
• No proprietary "black boxes"

Certifications and Compliance:

• ISO 27001 (Scaleway)
• SecNumCloud ANSSI (OVH)
• HDS (Health Data Hosting)
• RGPD (GDPR) native by design

4.3 Technical Limitations

The following technical limitations apply:

File formats:

• Images: JPG, JPEG, PNG, WEBP, HEIC, RAW (standard formats)
• Videos: MP4, MOV, AVI (H.264, H.265 codecs)

Maximum sizes:

• Images: 500 MB per file
• Videos: No size limit per file

Quotas per plan (see TOS article 4):

• Free: 3 galleries, 1 GB storage
• Pro: Unlimited galleries, 50 GB storage, 5h video (4K max)
• Ultra: Unlimited galleries, unlimited storage*, 15h video (8K max)

*Unlimited storage subject to normal use (see article 6.5 - Abusive use)

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5. Registration and User Account

5.1 Account Creation

To use the Service, the User must create an account by providing:

Mandatory information:

• Valid email address (mandatory verification)
• First and last name (or business name if professional)
• Secure password (minimum 8 characters, with uppercase, lowercase, number)

Optional information:

• Company/photo studio name
• Website
• Phone number
• Postal address (required for store module)
• SIRET (if French professional)

5.2 Accuracy of Information

The User commits to providing accurate, complete and up-to-date information.

Obligations:

• Provide truthful information during registration
• Immediately update any changes (email change, address, business name, etc.)
• Inform Pelli of any unauthorized use of their account

Consequences in case of inaccurate information:

• Pelli reserves the right to suspend or delete the account
• The User remains responsible for all activities performed via their account
• Inability to claim damages in case of problems related to erroneous information

5.3 Account Security

5.3.1 User Responsibility

The User is solely responsible for:

• The confidentiality of their credentials (email and password)
• All activities performed via their account, whether authorized or not
• Securing their access (use of strong passwords, etc.)

Security recommendations:

• Use a unique password (different from other services)
• Never share credentials with third parties
• Log out of sessions after use (especially on shared computers)

5.3.2 Suspicious Activity Notification

In case of detection or suspicion of unauthorized use of their account, the User must immediately inform Pelli:

• By email to: [email protected] (response within 2h)
• Via personal space > Security > "Report suspicious activity"

Immediate Pelli actions:

• Temporary account suspension for security
• Forced password reset
• Disconnection of all active sessions
• Investigation of connection logs

5.4 One Account Per User

Each User may only create one account (natural person or company).

Prohibitions:

• Create multiple accounts to circumvent limitations (gallery quota, storage)
• Use "phantom" or "bot" accounts
• Resell or transfer their account to a third party without Pelli authorization

Exception: A photographer may create multiple accounts if legitimate professional justification (e.g., multiple independent studios, distinct brands) after validation by [email protected].

5.5 Minimum Age

The Pelli Service is reserved for persons aged at least 18 years.

Minors aged 16 to 18 may use the Service only with written authorization from a legal representative (parent or guardian).

Verification: Pelli reserves the right to request proof of identity in case of doubt about the User's age.

5.6 Account Deletion

The User may delete their account at any time via:

• Settings > Account > "Delete my account"
• Email to [email protected] with subject "Account deletion"

Consequences of deletion (see TOS article 9.2):

Account deletion is immediate:

• Upon Photographer's request via Pelli interface ("Delete my account" button)
• Upon request by email to [email protected]

No prior notice or progressive notifications. Deletion is effective immediately after confirmation.

Data can be recovered for 30 days after deletion (temporary retention to allow recovery in case of error).

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6. Service Usage Rules

6.1 Compliant Use

The User commits to using the Service in compliance with:

• These Terms
• The TOS in force
• Applicable French and European regulations
• Professional best practices and customs

6.2 Authorized Uses

The Pelli Service is designed to allow photographers to:

• Create and manage professional photo/video galleries
• Deliver their photos to their clients securely
• Manage photo selection and validation with their clients
• Sell photographic products via the store module (Pro/Ultra plans)
• Collaborate with other photographers
• Manage their professional or amateur photography activity

6.3 Prohibited Uses

It is strictly prohibited to use the Service for:

6.3.1 Illegal Activities

• Store, share or distribute illegal content (see article 7)
• Violate third parties' intellectual property rights
• Impersonate a person or entity
• Circumvent technical protection measures
• Harass, threaten, defame or harm third parties

6.3.2 Technical Violations

• Attempt to access parts of the Service to which the User does not have access
• Use bots, scrapers or automated tools to extract data
• Inject malicious code, viruses, malware or any other harmful element
• Overload Pelli servers (DDoS attacks, flooding, etc.)
• Decompile, disassemble or reverse engineer the Service
• Create a competing service using Pelli technology

6.3.3 Unauthorized Commercial Activities

• Resell access to the Pelli Service to third parties (except store module for legitimate sales)
• Use the Service as a simple generic cloud storage space (non-photographic)
• Create a "white label" gallery service based on Pelli

6.3.4 Service Misuse

• Use storage quotas for large non-photographic files
• Massively share content unrelated to photographic activity
• Create multiple accounts to circumvent plan limitations

6.4 Good Conduct and Respect for Others

The User commits to adopting respectful conduct:

• Towards other Pelli Users
• Towards their End Customers
• Towards the Pelli team (support, moderation)

Prohibitions:

• Harassment, insults, hateful or discriminatory remarks
• Spamming or unsolicited commercial solicitation
• Attempts at fraud or scamming
• Identity theft or misrepresentation

6.5 Abusive Use of Storage (Ultra Plan)

The Ultra Plan offers truly unlimited storage via Scaleway S3. However, Pelli reserves the right to consider as abusive use:

Abuse criteria:

• Intentional storage of files unrelated to photographic activity (complete films, personal archives, software files, etc.)
• Massive upload of files without any client access (use as simple storage cloud)
• Misuse aimed at harming the proper functioning of the Service (intentional saturation)
• Storage of illegal content (see article 7)

Procedure in case of detected abuse:

1. Email notification with details of the detected abusive use
2. 15-day notice to regularize the situation (delete abusive files)
3. If not regularized:
   • Account restriction (access blocked, data retained) OR
   • Deletion of abusive data only (retention of legitimate data)
4. Possible billing of excessive storage costs (at Scaleway rate + management fees)

Examples of legitimate use:

• Massive storage of RAW photos from weddings (several hundred GB)
• Professional archives of client photo sessions
• Photographic work library (retouching, variations, etc.)
• Wedding, event or photographic reportage videos

Examples of abuse:

• Storage of personal film collection (100 GB of non-photographic .mkv files)
• Upload of system backups or personal archives unrelated to photography
• Storage of video game files, software or other non-photographic content

6.6 Respect for Intellectual Property Rights

The User guarantees:

• Holding all rights to the Content they upload (photos, videos, texts)
• Having obtained all necessary authorizations (copyright, neighboring rights, image rights)
• Not violating third-party rights (photographers, models, property owners, etc.)

In case of violation:

• Pelli may immediately delete disputed content
• The User is solely responsible to injured third parties
• Pelli may suspend or terminate the account (see article 10)

6.7 Respect for Image Rights

The User commits to respecting the image rights of photographed persons:

Obligations:

• Obtain written consent from photographed persons for public distribution (Article 9 French Civil Code)
• For minors: Obtain written consent from legal representatives (parents or guardians)
• Keep proof of consent (contracts, signed authorizations)
• Respect the limits of consent (commercial vs. private use, duration, territories, etc.)

Special cases:

• Weddings and private events: Ensure that client contracts authorize the distribution of photos of guests
• Street photography: Exception to image rights if persons are incidental in a public place, but be careful with commercial publications
• Facial recognition: Explicit consent required (see article 8.2)

Recommendation: Pelli provides an image rights consent form downloadable in Resources > Legal Documents.

6.8 Store Module: Specific Obligations

For Users using the Store Module (Ultra plan only), additional obligations (detailed in TOS article 12):

Commercial responsibility:

• Comply with Consumer Code (pre-contractual information, prices, withdrawal)
• Issue invoices compliant with tax legislation
• Manage after-sales service and complaints
• Ensure compliance and delivery of products sold

Pelli is NOT responsible:

• For transactions between the Photographer and their End Customers
• For the quality, compliance or legality of products sold
• For commercial disputes
• For compliance with tax and accounting obligations

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7. Prohibited Content

7.1 Principle of User Responsibility

The User is solely responsible for the Content they upload, create, store or share via the Pelli Service.

Pelli, as a host, exercises no prior control over Content (Article 6.I.2 of the LCEN - French Law for Confidence in the Digital Economy).

7.2 List of Strictly Prohibited Content

It is formally prohibited to store, share or distribute via Pelli the following content:

7.2.1 Child Pornography Content

• Any representation of a minor (under 18) of a pornographic or sexually explicit nature
• Sexual exploitation of minors in any form
• Criminal sanction: Up to 5 years imprisonment and €75,000 fine (Article 227-23 French Penal Code)

7.2.2 Hateful and Discriminatory Content

• Incitement to racial, ethnic or religious hatred
• Discriminatory remarks (gender, sexual orientation, disability, age, etc.)
• Apology for war crimes or crimes against humanity
• Denial of crimes against humanity
• Criminal sanction: Up to 1 year imprisonment and €45,000 fine (French Press Law of 1881)

7.2.3 Apology for Terrorism

• Direct provocation to acts of terrorism
• Public apology for acts of terrorism
• Jihadist or violent extremist content
• Criminal sanction: Up to 7 years imprisonment and €100,000 fine (Article 421-2-5 French Penal Code)

7.2.4 Violations Against Persons

• Moral harassment or cyberbullying
• Death threats or threats of violence
• Defamation or public insults
• Revenge porn (distribution of intimate images without consent)
• Violation of privacy or image rights
• Criminal sanctions: Variable depending on offense (1 to 3 years prison, €15,000 to €45,000 fine)

7.2.5 Violent or Shocking Content

• Scenes of extreme violence (torture, murder, mutilation)
• Apology for violence
• Non-artistic pornographic content (Pelli accepts artistic boudoir photography)
• Zoophilic or necrophilic content

7.2.6 Intellectual Property

• Counterfeit or pirated content
• Copyright, trademark, patent infringement
• Unauthorized use of others' creations

7.2.7 Fraud and Scamming

• Deceptive or fraudulent content
• Scams or attempted fraud
• Fake official documents
• Identity theft

7.2.8 Other Illegal Content

• Incitement to drug use
• Illegal sale of weapons, medicines, counterfeit products
• Money laundering
• Any content violating French or European legislation

7.3 Special Case: Boudoir Photography and Artistic Sexual Content

Pelli authorizes boudoir photography and artistic sensual content in compliance with the following conditions:

Acceptance conditions:

• Artistic character: Professional photos with artistic purpose (no explicit pornography)
• Consent: Written authorization from adult model (consent form required)
• Password protection: Boudoir galleries mandatory password protected
• No nudity of minors: Absolute prohibition of any nudity or semi-nudity of minors

Boundary between art and pornography:

• Authorized: Artistic nude, elegant boudoir, suggested sensuality, professional intimate photography
• Prohibited: Explicit pornography (sexual acts, genital close-ups, purely sexual character without artistic dimension)

Moderation: In case of report or doubt, Pelli reserves the right to request model authorizations and delete content not meeting these criteria.

7.4 Reporting Procedure

Any suspicious content can be reported via:

• Email: [email protected]
• Form: pelli.io/signalement
• In the interface: "Report content" button on each public gallery

Report processing (see article 13):

• Processing within 48h working hours (general case)
• Processing within 2h (manifestly illegal content: child pornography, terrorism)

7.5 Consequences in Case of Violation

In case of storing illegal content, Pelli will apply the following measures:

Immediate measures:

1. Account restriction: Immediate blocking of user access
2. Content removal: Immediate deletion of illegal content
3. Deactivation of public galleries: Make all public galleries inaccessible
4. Preservation of evidence: Data retention for 90 days (legal obligation for investigation)

Legal measures: 5. Reporting to authorities: Transmission of information to police/gendarmerie services if required by law (obligation for child pornography and terrorism) 6. Judicial collaboration: Making data available upon judicial requisition 7. Criminal liability: The User engages their personal criminal liability

Contractual measures: 8. No refund: No refund of amounts paid 9. Prohibition to recreate an account: Blacklist of email and contact details 10. Claims for damages: Pelli reserves the right to pursue the User for suffered damage (processing costs, reputational harm, etc.)

7.6 User Criminal Liability

IMPORTANT: The storage or distribution of illegal content engages the personal criminal liability of the User before criminal courts.

Pelli, as a host, is not responsible for content stored by Users (Article 6.I.2 LCEN), except if:

• Pelli had actual knowledge of the illegal nature
• AND Pelli did not act promptly to remove the content

Penalties incurred by the User (examples):

• Child pornography: 5 years prison + €75,000
• Apology for terrorism: 7 years prison + €100,000
• Defamation: 1 year prison + €45,000
• Copyright violation: 3 years prison + €300,000

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8. Artificial Intelligence Features

8.1 Privacy by Design Philosophy

Pelli commits to a Privacy by Design approach for all artificial intelligence features:

Fundamental principles:

1. Mandatory opt-in: All AI features are disabled by default
2. Granular control: Independent activation by feature AND by gallery
3. Total transparency: Open source technologies, publicly documented architecture (see White Paper)
4. Local processing: All analyses performed on French servers (OVH, Scaleway), no data transmitted to third parties
5. No training: Data is NEVER used to train AI models
6. Complete isolation: Impossible to link data from one gallery to another or from one photographer to another

8.2 Responsible Facial Recognition (Ultra Plan)

8.2.1 Technical Description

Technology:

• Open source solution: InsightFace (MIT License, +25,000 GitHub stars)
• Algorithms: Face detection models optimized for professional photography
• Deployment: On French Pelli servers, no external API

Operation:

1. The Photographer manually activates facial recognition for a specific gallery
2. The system detects faces present in each photo
3. Only geometric positions (X/Y coordinates, width, height) are stored
4. No biometric fingerprint is retained (no facial vectors, no unique face signature)
5. End Customers can click on a face to see all photos where that person appears in the current gallery only

8.2.2 Privacy Guarantees

Strict isolation:

• Isolation by gallery: A face detected in Gallery A can NEVER be linked to a face in Gallery B (same person, impossible to know)
• Isolation by photographer: No correspondence between galleries of different photographers
• No central database: Each gallery has its own detection data, independent and isolated

Data stored:

• YES: Geometric coordinates of faces (positions in the image) [4 numbers per face]
• NO: Biometric fingerprints, facial vectors, unique identifiers, person names

Deletion:

• Facial detection data is automatically deleted with the gallery
• No retention after gallery deletion

8.2.3 RGPD (GDPR) Article 9 Compliance (Biometric Data)

Pelli's facial recognition is designed to be RGPD compliant:

Legal basis:

• Explicit consent of the Photographer (manual activation, opt-in)
• Information to data subjects: The Photographer commits to informing their End Customers

Photographer obligations:

• Inform their End Customers that the face search feature is activated
• Obtain consent if required (depending on context: private vs. public event, commercial vs. private use)
• Provide a template: Pelli provides an information template available in Resources > Legal Documents

Rights of photographed persons:

• Right to object: Any person may request the Photographer to deactivate facial recognition for the gallery concerning them
• Right to erasure: Any person may request deletion of their facial detection data

Absence of high risk:

• No biometric identification (no face database for comparison)
• No profiling
• No automated decision affecting persons
• Use limited to facilitated navigation in a photo gallery (legitimate interest of photographer and their clients)

8.2.4 Activation and Deactivation

Activation:

• Via Gallery > Settings > AI Features > "Enable facial recognition"
• Checkbox with RGPD information message to validate
• Processing completed in a few minutes (depending on number of photos)

Deactivation:

• Same path: Disable facial recognition
• Immediate deletion of all detection data for this gallery

8.3 AI Semantic Search (Ultra Plan)

8.3.1 Technical Description

Technology:

• Model: CLIP-ViT-Base-Patch32 (OpenAI, open source via Hugging Face)
• Vector database: Qdrant (open source, Apache 2.0 License, deployed on French Pelli servers)

Operation:

1. The Photographer activates AI search for a gallery
2. Each image is analyzed to extract its semantic content (objects, scenes, colors, atmospheres)
3. A numerical vector (embedding) representing the content is generated
4. This vector is stored in the Qdrant database deployed locally on Pelli servers
5. End Customers can search by keywords: "blue dress", "sunset", "smile", "family group", etc.

Search examples:

• "Running children" → All photos with children in motion
• "Red dress" → Photos where a red dress appears
• "Sunset" → Photos taken at sunset
• "Group of 5 people" → Photos with about 5 people

8.3.2 Privacy Guarantees

Local processing:

• Analysis performed on French Pelli servers (OVH Gravelines)
• Vector storage in local Qdrant instance (Scaleway Paris)
• No data sent to OpenAI (the CLIP model is downloaded and executed locally)

Isolation:

• Each gallery has its own collection of vectors
• Impossible to search between different galleries
• Deletion of vectors upon gallery deletion

Data stored:

• Numerical vectors representing visual content (512 numbers per image)
• No personally identifiable data

8.3.3 Activation and Deactivation

Activation:

• Gallery > Settings > AI Features > "Enable semantic search"
• Background processing (email notification upon completion)
• Processing time: ~1 second per photo

Deactivation:

• Disable semantic search
• Deletion of vectors from Qdrant database

8.4 No Use of Data for Training

FORMAL COMMITMENT: Pelli commits to NEVER use the photos or data of Photographers to:

• Train new AI models
• Improve existing algorithms
• Resell to third parties (AI providers, data brokers, etc.)
• Create public or private datasets

Models used:

• Pre-trained models on public datasets (ImageNet, COCO, etc.)
• No fine-tuning or retraining with Pelli data
• Frozen models deployed as-is

8.5 Audit and Transparency

Public White Paper:

• Complete technical documentation available: app.pelli.io/pdf/ai/White-Paper-Pelli-FR.pdf
• Detailed architecture, technologies used, privacy guarantees

Auditability:

• Open source technologies auditable by independent experts
• Model source code publicly available (GitHub)
• Commitment to publish regular security audits

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9. Intellectual Property

9.1 Ownership of User Content

The User retains full intellectual property rights to all Content they upload, create or share via the Pelli Platform.

Pelli claims no rights to this Content and commits to never use, modify, disclose or exploit it for purposes other than providing the Service.

9.2 License Granted to Pelli

By using the Service, the User grants Pelli a non-exclusive, worldwide, free, revocable and limited license to:

Granted authorizations:

• Host Content on Pelli's French servers
• Store and backup Content (daily backup, see TOS article 14.6)
• Transfer Content during End Customer access via internet
• Display Content in galleries according to parameters defined by the Photographer
• Optimize Content (compression, resizing, thumbnail creation) to improve performance
• Apply requested customizations (watermark, cropping, filters)
• Analyze Content via AI if activated (facial recognition, semantic search)

Strict limitations:

• Single purpose: Provision of the Service only
• Duration: During the Service usage period, automatic end upon Content deletion
• No commercial use: Pelli cannot use Content for its own advertising or commercial purposes
• No transfer: Pelli cannot assign this license to third parties (except necessary technical subcontractors)

9.3 Non-Use Commitment

Pelli solemnly commits to:

NEVER:

• Use Content for Pelli advertising (except express written authorization from the Photographer)
• Train AI models with Photographer Content (see article 8.4)
• Sell or monetize Content
• Create derivative works for commercial purposes
• Share Content with unauthorized third parties (except listed subcontractors, see TOS article 13.7)

"Powered by Pelli" badge:

• The User may choose to display or not the "Powered by Pelli" badge (Pro/Ultra plans: removal possible)
• If displayed, the User authorizes Pelli to include 1 or 2 photos from the gallery in a "Pelli Gallery Examples" showcase (with explicit consent)

9.4 Ownership of the Pelli Platform

All intellectual property rights relating to the Pelli Platform are the exclusive property of Pelli (or its licensors):

Protected elements:

• Software, applications, source codes
• User interfaces (UI), design, ergonomics (UX)
• Databases, technical architecture
• Logos, trademarks, visual elements ("Pelli", logo design, graphic charter)
• Documentation, guides, tutorials
• Proprietary algorithms, optimizations

Legal protection:

• Copyright (French Intellectual Property Code)
• Trademark rights ("Pelli" registered trademark)
• Database rights
• Trade secrets

9.5 Prohibitions

The User is strictly prohibited from:

Reproduction and modification:

• Copy, reproduce, duplicate all or part of the Platform
• Modify, adapt, translate the source code or interface
• Create derivative works based on the Platform

Reverse engineering:

• Decompile, disassemble or reverse engineer
• Extract source code or algorithms
• Circumvent technical protection measures

Commercial use:

• Create a competing service based on Pelli technology
• Resell access to the Platform (except legitimate use of store module)
• Use APIs or data to create unauthorized third-party service

Data extraction:

• Scraping or automatic data extraction
• Database extraction
• Mass recovery of other users' content

Consequences: Any violation may result in immediate account termination and legal action for infringement.

9.6 Use of the "Pelli" Trademark

The "Pelli" trademark is a registered trademark belonging to Lumy.Media. Any unauthorized use is prohibited.

Authorized uses:

• Mention "Powered by Pelli" or "Created with Pelli" in galleries (descriptive use)
• Use of official Pelli badges provided by Pelli (graphic charter to be respected)
• Communication on social networks in a promotional context of their galleries (e.g., "Discover my gallery on @Pelli")

Prohibited uses:

• Create a logo similar to that of Pelli
• Use "Pelli" in a domain name or company name without authorization
• Suggest an affiliation, partnership or sponsorship by Pelli

Authorization request: For any commercial use of the Pelli trademark, contact [email protected].

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10. Suspension, Restriction and Termination

10.1 Terminology and Definitions

Pelli has three levels of measures in case of Terms violation:

10.1.1 Account Suspension (Temporary Measure)

Definition: Temporary blocking of access to the Service while retaining data.

Trigger:

• Payment default (see TOS article 7.4)
• Ongoing investigation into suspected violation
• Detected suspicious activity (security)
• User request (security following hacking)

Duration: Variable depending on cause (generally 7 to 30 days)

Consequences:

• Read-only access (consultation of existing galleries possible)
• Impossibility to create new galleries or upload new files
• Public galleries remain accessible to End Customers
• Full data retention

Suspension lift: As soon as situation regularized (payment made, investigation completed, security restored)

10.1.2 Account Restriction (Definitive Measure with Retention)

Definition: Permanent blocking of access to the Service with data retention for 90 days for possible investigation.

Trigger:

• Storage of manifestly illegal content (child pornography, terrorism, etc.)
• Serious and characterized violation of Terms
• Court or administrative order

Duration: Permanent (definitive blocking) with data retention for 90 days

Consequences:

• Total access blocking to Pelli account (impossibility to log in)
• Public galleries deactivated (inaccessible to End Customers)
• Data retained on servers for 90 days:
  • To allow judicial investigation if required
  • To allow recovery in case of moderation error (rare)
  • Legal obligation (Article 6.II LCEN)
• Definitive deletion after 90 days (except judicial requisition requesting extension)
• Blacklist: Impossibility to recreate an account with the same contact details

No refund: No refund in case of restriction for Terms violation

10.1.3 Termination (Deletion with Recovery Period)

Definition: Account closure at the initiative of the User or Pelli with data recovery period.

Trigger:

• User request (voluntary deletion)
• End of trial period without paid subscription
• Non-renewal of subscription

Consequences (see TOS article 9.2):

Account deletion is immediate:

• Upon Photographer's request via Pelli interface ("Delete my account" button)
• Upon request by email to [email protected]

No prior notice or progressive notifications. Deletion is effective immediately after confirmation.

Data can be recovered for 30 days after deletion (temporary retention to allow recovery in case of error).

• Export possible via "Export my data" (ZIP + JSON + CSV)

10.2 Suspension for Payment Default

See TOS article 7.4 for complete procedure.

Summary:

1. Payment failure → Immediate notification
2. 3 payment attempts over 7 days
3. If persistent failure → Account suspension
4. Read-only access for 30 days
5. If not regularized → Termination with deletion after 30 days

10.3 Suspension for Investigation or Security

Pelli may temporarily suspend an account in case of:

Security reasons:

• Detection of suspicious activity (abnormal connections, hacking attempts)
• Suspicion of compromised account (proven or suspected hacking)
• Abnormal behavior (sudden massive upload, creation of hundreds of galleries in minutes)

Investigation reasons:

• Report of potentially illegal content (under analysis)
• Third-party complaint (rights violation, defamation, etc.)
• Suspicion of Terms violation (requiring thorough verification)

Procedure:

1. Immediate suspension of account (read-only access)
2. Email notification with reason for suspension
3. Analysis by Pelli team (24 to 72h depending on complexity)
4. Outcome:
   • If false positive → Immediate suspension lift + apology email
   • If confirmed violation → Move to restriction or termination depending on severity
   • If ongoing investigation → Maintain suspension until conclusion

10.4 Restriction for Illegal Content

In case of detection or report of manifestly illegal content (see article 7.2):

Emergency procedure (serious content: child pornography, terrorism):

1. Immediate account restriction (< 2h after detection)
2. Illegal content removal and deactivation of public galleries
3. User notification by email with specific reason
4. Reporting to authorities if required by law (legal obligation Article 6.I.7 LCEN)
5. Data retention for 90 days (legal obligation)
6. Collaboration with justice in case of requisition

Standard procedure (other illegal content: defamation, counterfeiting, etc.):

1. User notification with removal request within 48h
2. If not removed → Account restriction and removal by Pelli
3. Possibility to contest via [email protected] (examination within 72h)

10.5 Termination by Pelli for Terms Violation

Pelli may terminate an account (without prior restriction) in case of:

• Repeated violations of Terms despite warnings
• Abusive use of storage (see article 6.5) without regularization despite 15-day notice
• Non-compliance with store module rules (commercial fraud, scamming)
• Hacking attempts or attacks against the Platform
• Creation of multiple accounts to circumvent limitations

Procedure:

1. Prior notification by email with detailed reasons and regularization deadline (generally 15 days)
2. If not regularized → Termination with 30-day notice
3. Possibility to recover data during these 30 days
4. Definitive deletion on the 31st day

Exception: In case of serious and deliberate violation, immediate termination without notice or recovery possibility (illegal content).

10.6 Termination by the User

The User may terminate at any time via:

• Settings > Account > "Delete my account"
• Email to [email protected]

See TOS article 9.1 for complete procedure.

10.7 Right to Contest

The User may contest a suspension, restriction or termination decision within 15 days following notification:

Contest procedure:

1. Email to [email protected] with:
   • Account number
   • Copy of suspension/restriction/termination notification
   • Detailed reasons for contest
   • Possible evidence (authorizations, contracts, etc.)
2. Examination by senior manager within 7 working days
3. Reasoned response by email
4. If contest accepted → Lift of measure + apologies
5. If contest rejected → Maintain decision with possibility of legal recourse (see article 15.2)

Suspensive effect: The contest has NO suspensive effect (the measure remains applied during examination).

10.8 Account Reactivation

Suspended account: Automatic reactivation upon regularization.

Restricted account: No reactivation possible (definitive measure) except:

• Proven Pelli error (very rare)
• Court decision ordering reactivation
• Dropping of charges by competent authorities (criminal litigation)

Terminated account: No reactivation possible (data deleted after 30 or 90 days depending on case).

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11. Personal Data Protection

11.1 Reference to Privacy Policy

The processing of personal data is governed in detail by our Privacy Policy, accessible at pelli.io/privacy and forming an integral part of these Terms.

For exhaustive details, please consult the complete Privacy Policy.

11.2 RGPD (GDPR) Principles

Pelli commits to strict compliance with the General Data Protection Regulation (RGPD/GDPR) and the French Data Protection Act:

Applied principles:

• Lawfulness and transparency: Clear information on data use
• Minimization: Collection limited to strict necessity
• Accuracy: Keeping data up to date
• Storage limitation: Defined and respected retention periods
• Integrity and confidentiality: Robust security measures (TLS 1.3, AES-256)
• Accountability: Responsibility and documentation of processing

11.3 Personal Data Processed

Identification data:

• Last name, first name, email, phone (optional)
• Postal address (if store module)
• SIRET (if professional)

Payment data:

• Processed exclusively by Stripe (Pelli stores NO banking data)

Usage data:

• Connection logs (IP, date/time) retained 1 year
• Anonymized usage statistics

End Customer data:

• End Customer emails (provided by Photographer)
• Gallery interactions (views, likes, downloads)
• Shared responsibility (see article 11.6)

11.4 Processing Purposes

• Account management: Authentication, maintenance, settings
• Service provision: Gallery hosting, sharing, notifications
• Billing: Invoice generation, payment management (legal obligation)
• Customer support: Technical assistance and response to requests
• Security: Fraud prevention, intrusion detection
• Legal obligations: Invoice retention (10 years), logs (1 year)
• Service improvement: Anonymized statistics, usage analysis

11.5 User Rights

In accordance with Articles 15 to 22 of RGPD, you have the following rights:

Rights of access and rectification:

• Right of access (Art. 15): Obtain a copy of your data
• Right of rectification (Art. 16): Correct inaccurate data

Rights of deletion and limitation:

• Right to erasure (Art. 17): "Right to be forgotten" (except legal obligations)
• Right to limitation (Art. 18): Temporarily limit processing

Rights of portability and objection:

• Right to portability (Art. 20): Recover your data in structured format (ZIP, JSON, CSV)
• Right to object (Art. 21): Object to certain processing (commercial prospecting, processing based on legitimate interest)

Exercise of rights:

• Via your personal space > Settings > Privacy and data
• By email to: [email protected] with subject "RGPD Request [Specify right]"
• Response within 30 days maximum (Article 12.3 RGPD)

Exceptions: The right to erasure does not apply to data that Pelli must retain for legal obligations:

• Invoices: 10 years (Article L123-22 French Commercial Code)
• Accounting data: 10 years
• Connection logs: 1 year (security and fraud prevention)

11.6 Shared Responsibility (Joint Controllers)

For End Customer data (emails, gallery interactions), Pelli and the Photographer are joint controllers (Article 26 RGPD):

Pelli responsibility:

• Provide technical data processing tool
• Ensure data security (encryption, secure servers)
• Allow exercise of RGPD rights via interface

Photographer responsibility:

• Inform their End Customers of Pelli use and data processing
• Obtain consent if required (newsletter, prospecting, etc.)
• Manage rights requests from their End Customers
• Respect processing purposes (photo gallery delivery)

Joint controller agreement: By using Pelli, the Photographer accepts this joint controller agreement and commits to respecting their obligations.

11.7 Subcontractors and Data Transfers

Your data may be transmitted to our technical subcontractors (Article 28 RGPD), all located in the European Union:

• OVH (France): Server hosting
• Scaleway (France): File storage
• Stripe (Ireland): Payments - PCI-DSS Certified
• Cloudflare (EU): SSL/TLS security only (no data storage)
• Resend (EU): Transactional email sending
• Gleap (Germany): Customer support

No transfer outside EU: No personal data is transferred to countries outside the European Union.

Subcontracting contracts: All subcontractors have signed contracts compliant with Article 28 RGPD guaranteeing data protection.

11.8 Data Protection Officer (DPO)

DPO contact:

• Email: [email protected]
• Mail: DPO Pelli - Lumy.Media, Quai de la Douane, Building LE GRAND LARGE, 29200 Brest, France

The DPO is your privileged contact for any question relating to the protection of your personal data.

11.9 CNIL Complaint

If you believe that Pelli does not respect your rights or its RGPD obligations, you may file a complaint with CNIL (Article 77 RGPD):

• Online: cnil.fr/plaintes
• Mail: CNIL - 3 Place de Fontenoy - TSA 80715 - 75334 PARIS CEDEX 07

Recommendation: Before any complaint to CNIL, we encourage you to contact us directly ([email protected]) to resolve the issue amicably.

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12. Availability and Liability

12.1 Availability Commitment

See TOS article 14 for complete details.

Summary:

• SLA: 99% monthly availability
• Unavailability: Total interruption > 15 consecutive minutes
• Exclusions: Scheduled maintenance (notified 72h in advance), force majeure
• Penalties: Prorated credits according to unavailability rate

12.2 Scheduled Maintenance

Notification: At least 72 hours in advance by email and banner in interface.

Preferred hours: Sunday 2am-6am (Paris time) to minimize impact.

Impact: Service access may be temporarily interrupted, but public galleries may remain accessible in read-only mode.

12.3 Backup and Restoration

Backup policy:

• Automatic daily backups of all data
• Retention: 30 rolling days
• Storage: Backup in atomic shelter 20m underground (Scaleway Glacier, Paris)
• Restoration: Possible upon request in case of data loss (24-48h delay)

Important recommendation: Despite these robust backups, Pelli strongly recommends that Photographers keep a local copy of their important original files.

12.4 Limitation of Liability

See TOS article 15 for complete details.

Principles:

• Pelli liability limited to direct and foreseeable damages
• Exclusion of indirect damages (loss of revenue, clientele, image damage, etc.)
• Cap: Total amount paid by Customer over the last 12 months (minimum €500 for Free plan)
• Exception: No limitation in case of gross negligence or intentional fault by Pelli

User responsibility:

• Solely responsible for their Content (legality, IP rights, image rights)
• Solely responsible for their commercial relationships (Store Module)
• Solely responsible for account security

Pelli, as a host, is not responsible for content stored by Users (Article 6.I.2 LCEN).

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13. Reporting Illegal Content

13.1 Reporting System

In accordance with the e-Commerce Directive and the European Digital Services Act (DSA), Pelli provides an illegal content reporting system.

Reporting channels:

• Priority email: [email protected] (priority processing)
• Online form: pelli.io/signalement
• Button on each gallery: "Report inappropriate content" (visible at bottom of public gallery pages)

13.2 Information to Provide

For effective processing, the report must contain:

Mandatory information:

• Gallery URL or disputed content
• Nature of illegality (e.g., defamation, counterfeiting, privacy violation, child pornography, etc.)
• Detailed reason: Precise explanation of alleged violation
• Your contact details: Email, name (for notification of action taken)

Optional but useful information:

• Screenshots of disputed content
• Proof of your rights (if copyright violation: proof of ownership)
• Applicable legal references

False reports: Abusive or bad faith reports may result in prosecution for false accusation (Article 226-10 French Penal Code).

13.3 Processing Procedure

Processing times:

• Manifestly serious illegal content (child pornography, terrorism): Within 2 hours (24/7)
• Other illegal content (defamation, counterfeiting, etc.): Within 48 working hours

Processing steps:

1. Receipt: Automatic acknowledgment by email
2. Analysis: Examination by Pelli moderation team
3. Decision:
   • Manifestly illegal content: Immediate removal + user account restriction
   • Potentially illegal content: User notification with removal request within 48h
   • Unfounded report: Rejection with notification to reporter
4. Notification:
   • To reporter: Decision taken and action taken
   • To concerned user: If removal or restriction (with reason)
5. Archiving: Report and decision retention (legal obligation, 1 year)

13.4 Contest by Concerned User

The User whose content was removed may contest the decision within 15 days:

Procedure:

• Email to [email protected] with:
  • Report reference
  • Reasons for contest
  • Proof of content legality (authorizations, contracts, etc.)
• Re-examination within 7 working days by senior manager
• Final decision notified by email

Recourse: In case of maintenance of removal decision, recourse possible before competent courts (see article 15).

13.5 Reporting to Authorities

Pelli has the legal obligation to report to competent authorities (Article 6.I.7 LCEN):

Concerned offenses:

• Child pornography: Immediate report to prosecutor + PHAROS platform
• Apology for terrorism: Immediate report to PHAROS (Police/Gendarmerie)
• Other serious offenses: Report according to judicial requisition

Judicial collaboration: Pelli collaborates with authorities and makes available necessary data upon requisition (logs, user information, retained content).

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14. Support and Contact

14.1 Help Center

Complete documentation available at aide.pelli.io:

• Step-by-step user guides
• Video tutorials
• FAQ (Frequently Asked Questions)
• Photographer best practices
• Document templates (authorizations, etc.)

14.2 Email Support

Contact: [email protected]

Response time (see TOS article 16.2):

• Free plan: Within 48h working hours (average: 12h)
• Pro plan: Within 24h working hours (average: 4h)
• Ultra plan: Within 2h during working hours (average: 30 min)

Working hours: Monday-Friday, 9am-6pm (Paris time), excluding French public holidays.

14.3 Chat Support (Ultra Plan)

Live chat via Gleap widget integrated in Pelli interface (button at bottom right):

• Available during working hours
• Real-time response
• Screenshot sharing possible

14.4 Other Specialized Contacts

Security: [email protected] (response within 2h) Personal data (DPO): [email protected] Illegal content report: [email protected] (processing within 2h-48h) Decision contest: [email protected] Legal and compliance: [email protected]

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15. Applicable Law and Jurisdiction

15.1 Applicable Law

These Terms are governed and interpreted in accordance with French law, to the exclusion of any other legislation.

15.2 Amicable Resolution

In case of dispute, the parties commit to primarily seek an amicable solution:

Procedure:

1. Notification of dispute in writing (recommended email) to the other party
2. Negotiation in good faith for minimum 30 days
3. Mediation possible:
   • Consumers: Free recourse to consumer mediator (see article 15.4)
   • Professionals: Conventional mediation by neutral third party

15.3 Competent Jurisdiction

Failing amicable agreement, disputes will be submitted to the competent courts of the Brest jurisdiction (France), subject to contrary imperative legal provisions.

Exception for consumers: Consumers (natural persons acting for non-professional purposes) may choose:

• The court of the place of their domicile at the time of subscription
• The court of their current domicile
• The court of the Brest jurisdiction (Pelli headquarters)

15.4 European Online Dispute Resolution Platform

European Union consumers may use the Online Dispute Resolution (ODR) platform provided by the European Commission: ec.europa.eu/consumers/odr

This platform allows consumers to submit their disputes to approved alternative dispute resolution bodies.

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16. Miscellaneous Provisions

16.1 Entire Agreement

These Terms, together with:

• The Terms of Sale (TOS)
• The Privacy Policy

...constitute the entire agreement between Pelli and the User and replace all prior agreements, commitments or communications, written or oral.

16.2 Partial Invalidity

If a clause of the Terms is declared null or invalid by a competent court:

• The other clauses remain fully applicable
• The parties will endeavor to replace the invalid clause with a valid clause of equivalent effect

16.3 Waiver

The fact that Pelli does not rely on a clause of the Terms at a given time does not constitute a waiver to rely on it subsequently.

16.4 Headings

Article headings are inserted to facilitate reading and have no contractual value for interpreting the Terms.

16.5 Assignment

By User: Prohibition to assign the Terms or rights/obligations resulting therefrom without prior written agreement from Pelli.

By Pelli: Pelli may freely assign all or part of its rights and obligations, particularly in case of merger, acquisition, restructuring or business transfer.

Assignment notification: Users will be informed 60 days in advance by email with:

• Assignee identity
• Right to terminate without penalty within 30 days
• Prorated refund (annual subscriptions)

16.6 Survival of Certain Clauses

The following clauses survive the termination of the Terms:

• Article 9 (Intellectual Property)
• Article 10 (Suspension/Restriction/Termination - consequences)
• Article 11 (Personal Data Protection - legal retention)
• Article 12 (Limitation of Liability)
• Article 15 (Applicable Law and Jurisdiction)

16.7 Proof

Pelli's computerized records constitute proof of communications, operations and transactions and have the same probative force as a signed paper document.

System logs constitute proof of the reality of operations performed on the Platform.

16.8 Language

The Terms are written in French. In case of translation, only the French version is authoritative.

16.9 Retention of Terms

In accordance with Article 1127-1 of the French Civil Code, you may archive the Terms:

• By printing them
• By saving them (PDF available upon request at [email protected])

16.10 Previous Versions

Previous versions of the Terms are archived and available upon request at [email protected] for any historical reference.

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Date of last update: October 6, 2025

Version number: 2.0

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Pelli Contact

LUMY.MEDIA SAS with share capital of 2,000 € RCS Brest B 889 608 790 Registered office: Quai de la Douane, Building LE GRAND LARGE, 29200 Brest, France

Support: [email protected] Security: [email protected] DPO: [email protected] Reporting: [email protected] Legal: [email protected]

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Pelli commits to providing a quality service in compliance with French digital sovereignty, personal data protection (RGPD/GDPR) and technical transparency (open source technologies). We place the security and confidentiality of your data at the heart of our mission.

For any questions about these Terms, please contact us at [email protected].