TERMS OF SALE OF PELLI

Version dated October 6, 2025

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Language and Interpretation

These Terms of Sale 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. Purpose and Scope
2. Definitions
3. Description of Services
4. Subscription Plans and Pricing
5. Free Trial
6. Subscription and Duration
7. Payment
8. Right of Withdrawal and Refund Policy
9. Termination
10. Modifications to Services and Terms of Sale
11. Intellectual Property and Usage Rights
12. Shop Module and Commercial Transactions
13. Personal Data Protection
14. Availability and Service Level
15. Limitation of Liability
16. Customer Service and Support
17. Force Majeure
18. Applicable Law and Jurisdiction
19. Miscellaneous Provisions
20. Contact

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1. Purpose and Scope

1.1 Company Overview

These Terms of Sale (hereinafter "Terms") govern the contractual relationship between:

LUMY.MEDIA, a simplified joint-stock company (SAS) with capital of 2,000 euros, registered with the Trade and Companies Register of Brest under number B 889 608 790, whose registered office is located in Brest (France), represented by its legal representative (hereinafter "Pelli", "we" or "our"),

AND

Any natural or legal person, individual or professional, subscribing to the photo gallery management services for photographers offered by Pelli (hereinafter the "Customer", "you" or "your").

1.2 Acceptance of the Terms

Any subscription to our Services implies full, complete and unreserved acceptance of these Terms. These Terms are accessible at any time on our website pelli.io and shall prevail over any other version or any other contradictory document.

Checking the box "I accept the Terms of Sale" during subscription constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

1.3 Exclusions

These Terms apply to the exclusion of all other conditions, particularly those of the Customer, unless expressly agreed in writing in advance by Pelli.

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2. Definitions

The following terms, whether used in the singular or plural, have the following meaning:

• "Service(s)": means all features of the Pelli platform allowing photographers to create, manage, customize and share online photo galleries with their clients, including but not limited to file hosting, gallery management, customization tools, shop module, opt-in artificial intelligence features, and all related services.

• "Platform": means the web application accessible via app.pelli.io and all its subdomains.

• "Photographer" or "User": means the professional or amateur Customer who subscribes to the Services to create and manage photo galleries.

• "End Customer": means the Photographer's clients who access galleries created via Pelli.

• "Gallery": means a presentation space for photos and/or videos created by the Photographer on the Platform.

• "Content": means all photos, videos, texts, files and data uploaded, created or shared by the Photographer via the Service.

• "Account": means the Photographer's personal space on the Platform, accessible via secure credentials.

• "Subscription": means the subscription to a paid or free Service plan.

• "Plan" or "Package": means the different commercial offers (Free, Pro, Ultra) defined in Article 4.

• "Free Trial": means the 5-day trial period without commitment to test the Service in Ultra plan.

• "AI Features": means optional features based on artificial intelligence (facial recognition, semantic search) described in Article 3.4.

• "Shop Module": means the feature allowing the Photographer to sell products (prints, albums, derivative products) to their End Customers.

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3. Description of Services

3.1 General Overview

Pelli is a modern French solution for professional and amateur photographers to create and manage client photo galleries with an intuitive and customizable interface. Our mission is to provide photographers with a professional tool that respects their creativity while guaranteeing data sovereignty and security.

3.2 Main Features

The Pelli Service includes the following features, varying by subscribed Plan:

3.2.1 Hosting and Storage

• Secure hosting of image and video files on servers located exclusively in France (OVH Gravelines, Scaleway Paris)
• Storage according to subscribed Plan limits (see Article 4)
• Automatic backup daily retained for 30 days
• Security backup in an atomic bunker 20 meters underground (Scaleway Paris)
• Encryption TLS 1.3 for transport and AES-256 for storage at rest

3.2.2 Gallery Management

• Creation and customization of photo and video galleries
• Organization by folders and categories
• Management of multiple gallery types (selection, delivery, portfolio)
• Secure sharing via personalized links and passwords
• Multiple sharing links with folder filtering
• Detailed statistics: views, downloads, likes, super-likes
• Access management and permissions for End Customers
• Programmable expiration of galleries with automatic actions

3.2.3 Customization

• Customizable interface: colors, logo, typography
• Email templates customizable for client communication
• Banners and branding elements
• Custom domain (available on request from support for Pro and Ultra plans)
• Removal of Pelli logo (Pro and Ultra plans)

3.2.4 Advanced Features

• Automatic watermark: customizable watermark application
• Client selection: like and super-like system for validation
• Selection limit: maximum number of selectable photos (configurable)
• Pricing beyond limit: configurable prices for additional photos
• Comments: client feedback system on photos
• Ambient music: Spotify integration to accompany galleries
• Video management:
  • Pro Plan: up to 5 hours of video in 4K quality maximum
  • Ultra Plan: up to 15 hours of video in 8K quality maximum
• Review booster: tools to encourage Google client reviews (Free and Ultra plans)
• Photographes.io Premium: included access in Ultra plan (subject to ongoing partnership)

3.2.5 Collaboration

• Collaboration system: gallery sharing with other photographers
• Rights management: granular permissions per collaborator
• Unified client space: centralized access for End Customers

3.3 Shop Module (Ultra plan only)

The Shop Module allows the Photographer to sell products to their End Customers directly via the Platform. Details are specified in Article 12.

Included features:

• Sales interface integrated into galleries
• Product management (prints, albums, derivative products)
• Secure payment via Stripe
• Order and status management
• 0% Pelli commission on sales

3.4 Artificial Intelligence Features (Opt-In)

IMPORTANT: All AI features are disabled by default and require explicit activation by the Photographer, gallery by gallery.

3.4.1 Privacy by Design Philosophy

Pelli commits to a privacy-respectful approach in the use of artificial intelligence:

• Mandatory opt-in: No AI feature is activated without voluntary action by the Photographer
• Granular control: Independent activation per feature and per gallery
• Local processing: All AI analyses are performed on our French servers (OVH Gravelines, Scaleway Paris)
• Open source technologies: Exclusive use of auditable and transparent solutions
• No training: Your data is NEVER used to train AI models
• Total isolation: Data from one gallery can never be linked to another gallery or another photographer

3.4.2 Responsible Facial Recognition (Ultra Plan only)

Technology used:

• Solution: InsightFace (open source library, MIT license, +25,000 GitHub stars)
• Deployment: On our own French servers, no data leaves our infrastructure

Privacy guarantees:

• No storage of biometric fingerprints: Only geometric positions of faces in images are retained (X/Y coordinates, width, height)
• Isolation per gallery: Impossible to link a face from one gallery to another gallery
• Isolation per photographer: No face matching between different photographers
• Automatic deletion: Detection data is deleted with the gallery

Operation:

1. The Photographer manually activates facial recognition for a specific gallery
2. The system detects faces and stores only their positions in images
3. End Customers can search for photos where they appear
4. No nominative identification is performed

RGPD Compliance (General Data Protection Regulation):

• Processing compliant with Article 9 of RGPD (biometric data)
• Legal basis: Explicit consent of the Photographer and information of concerned persons
• The Photographer commits to inform their End Customers of the use of this feature

3.4.3 AI Semantic Search (Ultra Plan only)

Technology used:

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

Operation:

• The Photographer activates AI search for a gallery
• Images are analyzed to extract their semantic content (objects, scenes, atmospheres)
• End Customers can search for photos by keywords ("blue dress", "sunset", "family group", etc.)
• Semantic vectors are stored in our locally deployed Qdrant instance

Guarantees:

• On-demand processing only
• Local storage of embeddings on our French servers
• No data sent to third parties
• Deletion of vectors upon gallery deletion

3.5 Data Sovereignty and Security

Pelli commits to complete digital sovereignty:

• 100% France/Europe hosting:

  • OVH Gravelines (France): application servers
  • Scaleway Paris (France): storage and backup
  • Cloudflare: SSL/TLS only, NO data storage

• Refusal of American giants: No use of AWS, Google Cloud or Microsoft Azure to protect against American extraterritorial laws (Cloud Act, USA Freedom Act)

• Certifications:

  • ISO 27001 (Scaleway)
  • HDS (Health Data Hosting - Hébergement de Données de Santé)
  • SecNumCloud ANSSI (OVH)

• Encryption:

  • TLS 1.3 for all communications
  • AES-256 for data at rest

• Native RGPD compliance: Protection of European data by design

3.6 Technical Limitations

3.6.1 Accepted File Formats

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

3.6.2 File Sizes

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

3.6.3 Unlimited Storage (Ultra Plan) - Acceptable Use Conditions

The Ultra Plan offers truly unlimited storage via our Scaleway S3 infrastructure. However, Pelli reserves the right to restrict or delete an account in case of abusive or fraudulent use characterized by:

• Deliberate storage of files unrelated to photography activity
• Massive upload of files without client access (use as simple storage space)
• Misuse of the Service to harm its operation
• Storage of illegal content (see Article 3.7)

Procedure in case of detected abuse:

1. Notification by email with details of abusive use
2. 15-day notice to regularize the situation
3. If not regularized: account restriction or deletion of abusive data
4. Maintenance of legitimate data

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4. Subscription Plans and Pricing

4.1 Plan Overview

Pelli offers three subscription plans adapted to photographers' needs, available in monthly or annual payment (except Free plan).

4.2 FREE Plan

Price: €0 (free for life, no credit card required)

Limits:

• 3 galleries maximum
• 1 GB storage

Included features:

• Basic gallery customization
• Client space for End Customers
• Statistics and activities
• Google review booster
• Email support (response within 48h business days)

Features NOT included:

• Videos
• Shop module
• Custom domain
• Removal of Pelli logo
• Spotify music
• Facial recognition
• AI semantic search
• Photographes.io Premium

4.3 PRO Plan

Pricing:

• Monthly: €15 per month (billed monthly)
• Annual: €9 per month, or €108 per year (billed annually, 40% savings)

Limits:

• Unlimited galleries
• 50 GB storage
• Video: 5 hours maximum of video content in quality up to 4K

Included features:

• All features of Free plan
• Unlimited galleries
• 50 GB storage
• High definition videos (5h max, up to 4K)
• Custom domain (on request to support)
• Removal of Pelli logo
• Spotify music
• Priority support (response within 24h)

Features NOT included:

• Shop module
• Facial recognition
• AI semantic search
• Photographes.io Premium
• Unlimited storage

4.4 ULTRA Plan

Pricing:

• Monthly: €35 per month (billed monthly)
• Annual: €25 per month, or €300 per year (billed annually, 29% savings)

Limits:

• Unlimited galleries
• Unlimited storage (see conditions Article 3.6.3)
• Video: 15 hours maximum of video content in quality up to 8K

Included features:

• All features of Pro plan
• Unlimited storage (subject to normal use)
• Ultra high definition videos (15h max, up to 8K)
• Shop module with 0% commission
• Facial recognition (opt-in, InsightFace technology)
• AI semantic search (opt-in, CLIP technology)
• Photographes.io Premium included (subject to ongoing partnership, estimated value €120/year)
• Advanced Google review booster
• VIP support (response within 2h average during business hours)

4.5 Price Modifications

Pelli reserves the right to modify its prices at any time.

Notification: Any price modification will be notified to the Customer by email at least 30 days before its entry into force.

Right to terminate: In case of price increase, the Customer has the right to terminate without penalty within 30 days following notification, with pro rata temporis refund of the unconsumed period.

Guaranteed prices: Current annual subscriptions benefit from a guaranteed price until their natural expiration.

4.6 No Hidden Fees

Pelli commits to total transparency: no hidden fees, no unexpected surcharges. Displayed prices are final prices in euros including all taxes (French VAT of 20% included).

4.7 Discounts and Promotions

Pelli may occasionally offer promotions, promo codes or special offers. These offers are subject to specific conditions and limited duration communicated at their announcement.

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5. Free Trial

5.1 Free Trial Principle

Pelli offers a 5-day free trial of the ULTRA plan to test all premium features without commitment and without credit card.

5.2 Eligibility Conditions

The free trial is available:

• Once per user only (one free trial per person/company)
• For new accounts only
• Without obligation to enter a payment method during activation

5.3 Included Features

During the 5-day free trial, the Customer benefits from all features of the Ultra plan:

• Unlimited galleries
• Unlimited storage
• Videos (15h, up to 8K)
• Facial recognition (opt-in)
• AI semantic search (opt-in)
• Shop module
• Custom domain (on request)
• Removal of Pelli logo
• Spotify music
• Photographes.io Premium
• VIP support

5.4 End of Free Trial

At the end of the 5-day free trial, two possible scenarios:

Scenario 1: No payment method registered

• The account automatically returns to the Free plan
• If exceeding Free plan limits (> 3 galleries or > 1 GB):
  • The Photographer must choose which galleries and/or files to keep
  • Excess galleries and files must be deleted or downloaded
  • Read-only access until regularization
  • Regularization period: 30 days before automatic deletion of excess

Scenario 2: Payment method registered before trial end

• Paid subscription automatically starts on trial end date
• Customer is billed according to chosen plan (Pro or Ultra, monthly or annual)
• No service interruption
• First charge on 6th day

5.5 Free Trial Cancellation

The Customer can cancel the free trial at any time:

• Via their personal space > Settings > Subscription > "Cancel trial"
• By email to [email protected]

Cancellation consequences:

• Immediate return to Free plan
• No billing
• Data retention within Free plan limits

5.6 Trial End Notification

Pelli commits to notify the Customer by email:

• 48 hours before trial end: reminder of end date and instructions to cancel or subscribe
• At trial end: confirmation of transition to chosen plan (or return to Free)

5.7 No Automatic Renewal Without Credit Card

IMPORTANT: If no payment method has been registered, it is impossible for the Customer to be billed. The free trial ends automatically without any required action.

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6. Subscription and Duration

6.1 Subscription Process

Subscription to the Services is done online on our website pelli.io or app.pelli.io according to the following procedure:

1. Account creation: Entry of information (email, name, password)
2. Plan choice: Free, Pro or Ultra (monthly or annual)
3. Free trial (optional): Activation of 5-day Ultra trial
4. Payment (paid plans): Entry of payment information via Stripe
5. Terms acceptance: Validation by checking the acceptance box
6. Confirmation: Receipt of confirmation email

6.2 Subscription Validation

The subscription is effective as of:

• Free Plan: Account validation by email
• Free Trial: Immediate activation upon account creation
• Paid Plans: Payment confirmation by Stripe

6.3 Subscription Duration

The subscription is concluded for an indefinite duration with:

• Monthly billing for monthly plans (automatic renewal each month)
• Annual billing for annual plans (automatic renewal each year)

6.4 Automatic Renewal

Unless terminated by the Customer (see Article 9), the subscription automatically renews:

• Monthly plans: each month on the subscription anniversary date
• Annual plans: each year on the subscription anniversary date

Renewal notification: A reminder email is sent 7 days before each renewal with the amount to be charged.

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7. Payment

7.1 Payment Terms

Payment of subscriptions is made:

• By credit card: automatic monthly or annual charge
• Payment provider: Stripe (PCI-DSS level 1 certified)
• Accepted currencies: Euro (EUR) only

Pelli stores no banking data: all transactions are secured and processed by Stripe.

7.2 Billing Schedule

Monthly Plans

• Charge: Same day of the month as initial subscription date
• Example: Subscription on January 15 → charges on the 15th of each month

Annual Plans

• Charge: Same day of the year as initial subscription date
• Example: Subscription on January 15, 2025 → renewal on January 15, 2026

7.3 Invoicing

An electronic invoice is automatically generated for each payment and sent by email to the Customer. Invoices are also accessible in the personal space > Billing.

Invoices include:

• Company name and Pelli contact information
• Customer contact information
• Unique invoice number
• Issue date
• Service details (subscribed plan, covered period)
• Amount excluding tax, VAT (20%), Amount including all taxes
• Intra-community VAT number (if applicable)

7.4 Payment Delay or Default

In case of payment delay or default:

1. Immediate notification by email with payment failure details
2. Charge attempt: 3 new automatic attempts over 7 days
3. Account suspension if persistent failure:
   • Read-only access to existing galleries
   • Inability to create new galleries or upload new files
   • Public galleries remain accessible to End Customers for 30 days
4. Account deletion if not regularized within 30 days (see Article 9.4)

Late payment penalties: In accordance with Article L441-10 of the Code de commerce (Commercial Code), any payment delay automatically results in:

• Late payment penalties at a rate of 10% per year
• Flat-rate compensation for recovery costs of €40

7.5 Payment Method Modification

The Customer can update their payment information at any time via their personal space > Billing > Manage payment methods.

7.6 VAT

Displayed prices are including all taxes with French VAT at 20%.

Professional clients established outside France:

• EU with valid intra-community VAT number: reverse charge (invoice excluding tax)
• Outside EU: VAT exemption (invoice excluding tax)

Pelli automatically verifies the validity of intra-community VAT numbers via the VIES system.

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8. Right of Withdrawal and Refund Policy

8.1 Right of Withdrawal (Consumers only)

In accordance with Article L221-18 of the Code de la consommation (Consumer Code), consumer Customers (natural persons acting for non-professional purposes) have a 14-day withdrawal period from subscription, without having to justify reasons or pay penalties.

Exercise of right of withdrawal:

• By email to: [email protected] with mention "Withdrawal"
• Via the contact form on pelli.io/contact
• Acknowledgment of receipt sent within 48h

Refund: The Customer is refunded the total amount paid within 14 days following notification of withdrawal, by the same payment method as that used for the initial transaction.

Waiver of right of withdrawal: If the Customer wishes the Service provision to begin immediately (before the end of the 14-day period), they must make an express request. In this case, the Customer expressly waives their right of withdrawal.

8.2 Professional Customers

Professional Customers (self-employed, companies, associations exercising professional photography activity) do not benefit from the legal right of withdrawal provided by the Consumer Code.

However, Pelli grants on a commercial basis a 30-day satisfaction guarantee to all Customers, including professionals (see Article 8.3).

8.3 30-Day Satisfaction Guarantee

Pelli offers a 30-day satisfaction guarantee to all Customers, without distinction:

Conditions:

• Applicable during the first 30 days following initial subscription
• Valid for Pro and Ultra plans (monthly or annual)
• Customer must justify their request (functional, technical dissatisfaction, etc.)
• No abuse or misuse of the Service

Procedure:

1. Request by email to [email protected] with reason
2. Review of request within 48h business days
3. Refund confirmation or request for clarification
4. Full refund within 14 days if accepted

Refund: Full if request accepted, no pro rata temporis refund (refund of total amount paid).

8.4 Refund in Case of Price Modification

In case of price modification with price increase (see Article 4.5), the Customer who terminates benefits from a pro rata temporis refund of the unconsumed period for annual subscriptions.

Calculation: (Amount paid / 365 days) × Number of remaining days

8.5 No Refund for Terms Violation

No refund will be made in case of:

• Termination for violation of Terms or Terms of Use (see Article 9.3)
• Suspension or restriction of account for illegal content (see Article 9.5)
• Fraudulent or abusive use of the Service

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9. Termination

9.1 Termination by Customer at Any Time

The Customer can terminate their subscription at any time, without notice or justification, according to the following terms:

Termination terms:

• Via their personal space > Settings > Subscription > "Terminate my subscription"
• By email to [email protected] with mention "Termination" and account number

Effective date:

• Monthly plans: Termination takes effect at the end of the current monthly period (no refund of the current period)
• Annual plans: Termination takes effect at the end of the current annual period (no refund except 30-day guarantee, see Article 8.3)
• Free Plan: Immediate termination

Confirmation: A confirmation email is sent within 48h with the effective end of access date.

9.2 Data Access After Termination

After termination, the Customer has a 30-day period to retrieve their data (photos, videos, statistics) before their permanent deletion.

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.

Recovery procedure (within 30 days after deletion):

1. Data export: Via personal space > Settings > "Export my data"
   • Format: ZIP archive (original photos/videos) + JSON (gallery metadata) + CSV (statistics)
   • Single download generated within 24h (link valid 7 days)
2. Permanent deletion: After 30 days, all data is irreversibly deleted

Assistance: In case of technical problem preventing export, contact [email protected] before expiration of 30 days.

9.3 Termination by Pelli for Customer Breach

Pelli reserves the right to immediately terminate the subscription, without notice or compensation, in case of serious breach by the Customer of their obligations, notably:

• Violation of these Terms or Terms of Use
• Fraudulent or abusive use of the Service
• Persistent payment default (see Article 7.4)
• Storage of illegal content (see Article 9.5)
• Breach of security or stability of the Platform
• Identity theft or fraud

Consequences:

• Immediate suspension of account access
• No refund of amounts paid
• Data retention for 30 days to allow recovery (except illegal content)
• Possibility of legal proceedings in case of damage

9.4 Termination for Payment Default

In case of persistent payment default beyond 30 days (see Article 7.4), Pelli may proceed to automatic termination of the account.

Procedure:

1. Notification at D+7, D+15, D+30 after payment failure
2. Access suspension at D+30 (read-only)
3. Permanent termination at D+30 if not regularized
4. Data deletion at D+60

Regularization: The Customer can regularize their situation at any time before D+30 by updating their payment method and paying amounts due.

9.5 Account Suspension and Restriction for Illegal Content

Pelli may suspend or restrict an account in case of detection or reporting of illegal content, notably:

• Child pornography or sexual exploitation of minors
• Hateful, racist, discriminatory content
• Apology of terrorism or crimes against humanity
• Manifest violation of intellectual property rights
• Fraudulent or misleading content
• Any illegal content under French and European law

Procedure in case of reporting:

1. Reporting: Form available at [email protected] or via help center
2. Analysis: Processing within 48h business days (urgency within 2h if manifestly illegal content)
3. Immediate restriction: In case of manifestly illegal content:
   • Account restriction: Data retention but blocking of user access
   • Public galleries made inaccessible
   • Notification to Photographer with detailed reason
4. Deletion: If confirmed after analysis, permanent deletion of illegal content and possibility of total account deletion

What is "account restriction"?:

• Photographer's data is retained on our servers
• Photographer can no longer log in to their account
• Public galleries are deactivated
• Retention for 90 days for possible investigation (legal obligation)
• Permanent deletion after 90 days unless judicial requisition

Consequences:

• No refund
• Transmission of information to competent authorities if required by law
• Criminal liability of Photographer (Pelli is only a technical host)

9.6 Disclaimer

Pelli, as a technical host, exercises no prior control over content uploaded by Photographers and cannot be held responsible for illegal content stored by users, in accordance with Article 6.I.2 of the Loi pour la Confiance dans l'Économie Numérique (LCEN - Law for Confidence in the Digital Economy).

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10. Modifications to Services and Terms of Sale

10.1 Service Modifications

Pelli reserves the right to modify its Services, add or remove features, at any time, within the natural evolution of the Platform.

Notification:

• Minor modifications (fixes, UX improvements): Communication via monthly changelog
• Substantial modifications (addition/removal of major features): Notification by email 30 days before

Right to terminate: In case of removal of an essential feature that motivated subscription, the Customer may terminate without penalty within 30 days following notification with pro rata temporis refund (annual subscriptions only).

10.2 Terms Modifications

Pelli may modify these Terms at any time.

Notification:

• New Terms are notified to the Customer by email at least 30 days before their entry into force
• Display of a banner in the personal space

Acceptance:

• Minor modifications (corrections, clarifications): Continued use of the Service constitutes tacit acceptance
• Substantial modifications (price, responsibilities, duration): Customer must actively accept new Terms at next login via a modal window

Refusal: In case of refusal of new Terms, the Customer may terminate their account without penalty within 30 days following notification with pro rata temporis refund (annual subscriptions).

10.3 Consultation of Current Terms

The current version of the Terms is always accessible on pelli.io/cgv with mention of last update date.

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11. Intellectual Property and Usage Rights

11.1 Ownership of Photographer's Content

The Photographer retains all intellectual property rights over all Content (photos, videos, texts, etc.) that they upload, create or share via the Pelli Platform.

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

11.2 License Granted to Pelli

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

• Host Content on its French servers
• Store and backup Content
• Transfer Content during End Customer access
• Display Content in galleries according to parameters defined by the Photographer
• Optimize Content (compression, resizing) to improve performance
• Apply watermarks and other customizations requested by the Photographer

License duration: This license is granted for the duration of Service use and automatically ends upon permanent Content deletion (30 days after termination, see Article 9.2).

11.3 Non-Use Commitment

Pelli solemnly commits to:

• NEVER use Content for advertising, commercial or promotional purposes without express written authorization from the Photographer
• NEVER train artificial intelligence models on Photographers' Content
• NEVER share Content with third parties (except listed subcontractors, see Article 13.7)
• NEVER sell or monetize Photographers' Content

11.4 Ownership of Pelli Platform

All intellectual property rights relating to the Pelli Platform, including but not limited to:

• Software and applications
• User interfaces
• Logos, trademarks and visual elements
• Databases
• Algorithms and source codes
• Documentation

...are the exclusive property of Pelli (or its licensors) and are protected by French and international intellectual property law.

Prohibitions: The Customer is prohibited from:

• Copying, reproducing or duplicating the Platform
• Modifying, decompiling, disassembling source code
• Creating derivative works
• Using the Platform to create a competing service
• Extracting data by scraping or automatic aspiration

11.5 Trademarks and Logos

"Pelli" is a registered trademark belonging to Lumy.Media. Any use of this trademark without prior written authorization is prohibited.

The Customer may use the badges "Powered by Pelli" or "Created with Pelli" in a promotional context for their galleries, subject to compliance with the graphic charter available on request.

11.6 Removal of Pelli Logo

Pro and Ultra plans allow removal of the Pelli logo from public galleries. This feature does not transfer any rights to the Pelli trademark and does not constitute a license to use the trademark.

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12. Shop Module and Commercial Transactions

12.1 Nature of Shop Module

The Shop Module is an optional feature of the Ultra plan only allowing the Photographer to sell products (photo prints, albums, derivative products, services) to their End Customers directly via their Pelli gallery.

12.2 Pelli's Role: Simple Technical Tool

IMPORTANT: Pelli acts solely as technical tool provider and payment intermediary. Pelli is in no way party to commercial transactions between the Photographer and their End Customers.

Pelli provides:

• An online shop interface integrated into galleries
• A product and order management system
• A secure payment solution via Stripe Connect
• Automatic notifications (order confirmation, etc.)
• A sales tracking dashboard

Pelli DOES NOT provide:

• Commercial or legal advice
• Validation of products or prices
• Control of legality of sales
• After-sales service to End Customers
• Logistics or physical delivery

12.3 Exclusive Responsibility of Photographer

The Photographer is solely and entirely responsible for:

12.3.1 Commercial Obligations

• Description accurate and non-misleading of their products
• Price setting and their legality
• Tax obligations (VAT, income declaration, etc.)
• Invoice issuance compliant with regulations
• Respect of consumers' right of withdrawal (14 days, Article L221-18 Code de la consommation)
• Claims management and after-sales service
• Product compliance

12.3.2 Legal Obligations

• Respect of Code de la consommation (pre-contractual information, fairness, prices, etc.)
• Respect of intellectual property rights: Photographer guarantees holding all rights to sold images
• Respect of right to image: Photographer guarantees having obtained consent of photographed persons for commercial exploitation
• Legal notices: Display of legal notices (SIRET, own Terms, contact, etc.)
• Data protection: RGPD compliance for their End Customers' data

12.3.3 Logistics Obligations

• Production of products (prints, albums, etc.)
• Delivery or provision of products
• Quality and compliance of delivered products
• Delivery times announced
• Packaging and product protection

12.4 Payments and Commission

Payment intermediary: Pelli uses Stripe Connect to process payments.

Financial flow:

1. End Customer pays via Stripe
2. Funds are paid into Photographer's Stripe Connect account
3. Stripe charges its transaction fees (approximately 1.5% + €0.25 per transaction)
4. Pelli charges NO commission on sales (0%)

Stripe Connect account: Photographer must create and connect their Stripe Connect account via Pelli > Settings > Shop > Connect Stripe. This account belongs to the Photographer.

Payouts: Funds are paid according to schedule defined by Stripe (generally within 2-7 business days to bank account linked to Stripe account).

12.5 Disputes and Refunds

Dispute management: Any dispute between the Photographer and an End Customer concerning an order (non-compliant product, delay, quality, etc.) must be resolved directly between the Photographer and their End Customer.

Pelli does not intervene in commercial disputes and disclaims all responsibility in this regard.

Refunds:

• Photographer is solely responsible for managing refund requests from their End Customers
• Refunds are made via Stripe (non-refundable Stripe fees)
• Pelli cannot be held responsible for refusal of refund by Photographer

12.6 Payment Disputes (Chargebacks)

In case of payment dispute (chargeback) by an End Customer with their bank:

• Stripe manages the dispute according to its procedures
• Photographer must provide evidence of proper execution (proof of delivery, correspondence, etc.)
• If dispute is validated, amount is debited from Photographer's Stripe account
• Pelli is not party to the dispute process

12.7 Shop Module Suspension

Pelli reserves the right to suspend access to Shop Module of a Photographer in case of:

• Repeated complaints from End Customers
• Fraudulent or misleading business practices
• Violation of Stripe's terms of use
• Abnormally high dispute rate
• Sale of illegal or counterfeit products

12.8 Regulatory Compliance

The Photographer must comply with all applicable regulations, notably:

For photographers established in France:

• Registration (self-employed, SIRET, etc.)
• VAT (franchise or collection depending on regime)
• Professional liability insurance recommended
• Income declaration

Mandatory legal notices: Photographer must display in their own Terms and on their shop:

• Company name and SIRET
• Complete contact information
• Prices including all taxes
• Delivery costs
• Delivery times
• Withdrawal terms
• Consumer mediator contact information (if subject)

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13. Personal Data Protection

13.1 Reference to Privacy Policy

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

For exhaustive details on Pelli's practices regarding data protection, please consult the complete Privacy Policy.

13.2 RGPD Commitment

Pelli commits to strict compliance with the General Data Protection Regulation (RGPD) and the Informatique et Libertés law.

Fundamental principles:

• Privacy by Design: Data protection by design
• Minimization: Collection of only strictly necessary data
• Transparency: Clear information on data use
• Security: Robust technical and organizational measures
• Rights of persons: Facilitated exercise of RGPD rights

13.3 Data Collected

Within the framework of these Terms, Pelli collects and processes the following data:

Identification data:

• Last name, first name
• Email address
• Phone number (optional)
• Postal address (if shop subscription)
• SIRET (if professional)

Payment data:

• Payment information processed and secured by Stripe (Pelli stores NO banking data)
• Invoice and payment history

Usage data:

• Connection logs (IP, date, time)
• Service usage statistics
• Preferences and account settings

13.4 Processing Purposes

Personal data is processed for:

• Account management: Creation, maintenance, authentication
• Billing: Invoice generation, payment management
• Customer support: Technical assistance and response to requests
• Service improvement: Anonymized statistics, usage analysis
• Legal obligations: Invoice retention (10 years), logs (1 year)

13.5 Legal Basis

Processing is based on:

• Contract execution (Article 6.1.b RGPD): Service provision
• Legal obligation (Article 6.1.c RGPD): Invoice retention, logs
• Legitimate interest (Article 6.1.f RGPD): Security, fraud prevention, improvement

13.6 Retention Period

Account data:

• Active account: During entire duration of Service use
• After termination: 2 years (tax and commercial obligation)
• Deletion: Anonymization or deletion after 2 years of inactivity

Billing data:

• 10 years after issuance (French legal obligation)

Connection logs:

• 1 year (security and fraud prevention)

Content (photos/videos):

• 30 days after termination then permanent deletion (see Article 9.2)

13.7 Data Recipients (Subcontractors)

Your personal data may be transmitted to our subcontractors strictly necessary for Service operation, all located in the European Union and RGPD compliant:

• OVH (France): Application server hosting - ovhcloud.com
• Scaleway (France): File storage and backup - scaleway.com
• Stripe (Ireland): Payment processing - stripe.com - PCI-DSS Certified
• Cloudflare (EU): SSL/TLS security only, no data access - cloudflare.com
• Resend (EU): Transactional email sending - resend.com
• Gleap (Germany): Customer support widget - gleap.io

No data is transferred to countries outside the European Union.

13.8 Rights of Persons

In accordance with RGPD, you have the following rights:

• Right of access (Article 15): Obtain a copy of your data
• Right of rectification (Article 16): Correct inaccurate data
• Right to erasure (Article 17): Delete your data ("right to be forgotten")
• Right to portability (Article 20): Retrieve your data in a structured format
• Right to object (Article 21): Object to certain processing
• Right to limitation (Article 18): Temporarily limit processing

Exercise of rights:

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

Exceptions: Right to erasure does not apply to data that Pelli must retain for legal obligations (invoices: 10 years).

13.9 Data Protection Officer (DPO)

For any question regarding the protection of your personal data, you can contact our Data Protection Officer:

• Email: [email protected]
• Mail: DPO Pelli - LUMY.MEDIA SAS, Quai de la Douane, Batiment LE GRAND LARGE, 29200 BREST, FRANCE

13.10 CNIL Complaint

If you believe that Pelli does not comply with its RGPD obligations, you have the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL - French Data Protection Authority):

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

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14. Availability and Service Level

14.1 Availability Commitment

Pelli commits to ensuring 99% Service availability on a monthly basis.

Availability measurement:

• Calculated monthly (not annually)
• Unavailability = Total impossibility to access the Service for more than 15 consecutive minutes
• Exclusion of notified scheduled maintenance (see Article 14.2)
• Exclusion of force majeure cases (see Article 17)

Calculation: Monthly availability = (Total month time - Unplanned downtime) / Total month time × 100

Example: For a 30-day month (43,200 minutes), 99% = max 432 minutes downtime (7.2 hours)

14.2 Scheduled Maintenance

Pelli may perform scheduled maintenance operations to ensure proper operation, security and evolution of the Service.

Notification:

• Scheduled maintenance announced at least 72 hours in advance by email and banner in interface
• Favored outside peak hours (generally Sunday 2am-6am Paris time)
• Estimated duration communicated

During maintenance:

• Service access may be temporarily interrupted
• Public galleries may remain accessible in read-only mode
• No data loss

14.3 Incidents and Outages

In case of unplanned incident:

• Real-time communication on status.pelli.io (status page)
• Email notification if unavailability > 1 hour
• Post-mortem published after resolution of major incidents

14.4 Penalties for SLA Non-Compliance

In case of non-compliance with 99% availability commitment, Pelli will grant a pro rata temporis credit to Customer:

Application terms:

• Automatic credit in the form of free subscription days added
• Or refund on express Customer request
• Applicable only to paid plans (Pro, Ultra)
• Request to be made within 30 days following incident via [email protected]

Cap: Total credit granted cannot exceed 100% of monthly amount, regardless of number of incidents.

14.5 Commitment Limitation

The availability commitment does not apply in case of:

• Force majeure (see Article 17)
• Telecommunication network failures outside Pelli's control
• DDoS attacks or cyberattacks
• Problems on Customer side (internet connection, obsolete browser, etc.)
• Emergency maintenance for critical security

14.6 Backup and Restoration

Backup policy:

• Automatic daily backups of all data
• Retention: 30 rolling days
• Restoration: Possible on request in case of data loss (restoration time: 24-48h)

Important recommendation: Despite these robust backup measures, Pelli strongly recommends Photographers to keep a local copy of their important original files. Pelli cannot be held responsible for data loss greater than the last available backup (max 24h of data).

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15. Limitation of Liability

15.1 Principle of Limited Liability

Pelli's liability can only be engaged in case of proven fault on its part and is limited to direct and foreseeable damages, excluding any indirect damage.

15.2 Direct Damages

Are considered direct damages:

• Data loss due to proven fault of Pelli (within the limit of last available backup)
• Service interruption beyond committed SLA (see Article 14.4)
• Damage directly caused by technical malfunction attributable to Pelli

15.3 Exclusion of Indirect Damages

Pelli can in no case be held responsible for indirect damages, notably and without limitation:

• Loss of revenue or turnover
• Loss of clientele or commercial opportunities
• Image damage or reputation harm
• Loss of time or productivity
• Loss of profit
• Substitution costs of equivalent service
• Data loss due to improper use of Service by Customer

15.4 Liability Cap

In any event, Pelli's total liability, all causes combined, is limited to the total amount paid by the Customer during the 12 months preceding the event giving rise to claim.

Special case of Free Plan: For Customers using the Free Plan (€0), Pelli's liability is capped at €500 (minimum guarantee amount).

15.5 Photographer's Responsibility

The Photographer is solely responsible for:

15.5.1 Their Content

• Legality: Photographer guarantees that their Content does not violate any law or regulation
• Intellectual property rights: Photographer guarantees holding all rights to their Content
• Right to image: Photographer guarantees having obtained consent of photographed persons
• Illegal content: Pelli disclaims all responsibility for illegal Content stored by Photographer (see Article 9.5 and 15.7)

15.5.2 Their Commercial Relationships

• Relationships with End Customers: Pelli is not party to relationships between Photographer and their End Customers
• Shop Module: Pelli disclaims all responsibility for commercial transactions (see Article 12)
• Disputes: Disputes between Photographer and their End Customers must be resolved directly between them

15.5.3 Account Security

• Credentials: Photographer is responsible for confidentiality of their credentials
• Unauthorized use: Photographer must immediately inform Pelli of any unauthorized use of their account
• Activities: Photographer is responsible for all activities performed via their account

15.6 Cases of Total Exemption

Pelli is totally exempt from liability in case of:

• Force majeure (see Article 17)
• Customer fault (improper use, non-compliance with Terms/Terms of Use)
• Third party act (hacking, cyberattack despite security measures)
• Customer internet connection problems
• Obsolete browser or incompatible Customer hardware
• Spotify API modifications making music feature unavailable
• End of Photographes.io partnership (alternative or compensation offered)

15.7 Liability as Host (LCEN)

In accordance with Article 6.I.2 of the Loi pour la Confiance dans l'Économie Numérique (LCEN), Pelli, as technical host, cannot be held responsible for content stored by Photographers, except if:

• Pelli had actual knowledge of the illegal nature of content
• AND did not act promptly to remove it or make access impossible

Reporting procedure: Any illegal content can be reported to [email protected] (see Article 9.5).

15.8 Exception: Serious or Intentional Fault

The above liability limitations do not apply in case of:

• Serious fault by Pelli (serious and characterized negligence)
• Fraud or intentional fault by Pelli
• Harm to persons (bodily injury)

In these cases, Pelli's liability is engaged under conditions of common law.

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16. Customer Service and Support

16.1 Help Center

Pelli provides a comprehensive Help Center accessible at aide.pelli.io including:

• User guides and video tutorials
• FAQ (Frequently Asked Questions)
• Technical documentation
• Photographer best practices

16.2 Email Support

Customer support is accessible by email at [email protected] for:

• Technical assistance
• Billing questions
• Account modification requests
• Bug reports
• General requests

Response time:

• Free Plan: Response within 48h business days (observed average: 12h)
• Pro Plan: Response within 24h business days (observed average: 4h)
• Ultra Plan: Response within 2h during business hours (observed average: 30 minutes)

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

16.3 Chat Support (Ultra Plan)

Ultra customers benefit from live chat support via Gleap widget available in Pelli interface during business hours.

16.4 Support Language

Pelli support is provided in French as priority. English support is available but with potentially longer response times.

16.5 Escalation and Resolution Guarantee

For critical technical problems (data loss, total impossibility to access account):

• Immediate handling in less than 2h (all plans)
• Automatic escalation to senior technical team
• Resolution or workaround within 24h (commitment of means)

16.6 Feedback and Continuous Improvement

Pelli systematically collects feedback via:

• Post-support satisfaction surveys
• Feature requests in Help Center
• Public and participatory roadmap

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17. Force Majeure

17.1 Definition

Neither party shall be held responsible for delay or non-performance of its obligations resulting from a force majeure event.

Are considered force majeure cases, within the meaning of Article 1218 of the Code civil (Civil Code), unforeseeable, irresistible and external events to the parties, notably:

• Natural disasters: earthquakes, floods, fires, major storms
• Armed conflicts: wars, invasions, acts of terrorism
• Epidemics and pandemics: declared by WHO
• Government decisions: requisitions, prohibitions, embargoes, international sanctions
• National or international scale cyberattacks: coordinated attacks on internet infrastructure
• Major cloud provider failures: total unavailability of AWS, Scaleway, OVH affecting all their customers
• Widespread power outages: blackouts affecting an entire region
• Telecommunication network disruption: widespread internet failure
• General strikes: paralyzing essential services

17.2 Suspension of Obligations

In case of force majeure, obligations of the prevented party are suspended for the duration of the event.

Notification: The party invoking force majeure must inform the other party within 5 business days following occurrence of the event.

17.3 Termination for Prolonged Force Majeure

If the force majeure event persists beyond 30 consecutive days, each party may terminate the contract by right:

• By written notification (recommended email)
• Without penalty or compensation
• With pro rata temporis refund of unconsumed period (annual subscriptions)

17.4 Special Case: Cyberattacks

Targeted cyberattacks on Pelli (ransomware, DDoS, intrusion) do not constitute force majeure if Pelli had implemented security measures compliant with industry standards.

However, national/international scale cyberattacks (simultaneously affecting many major actors) constitute force majeure.

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18. Applicable Law and Jurisdiction

18.1 Applicable Law

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

18.2 Attempt at Amicable Resolution

In case of dispute relating to validity, interpretation or execution of these Terms, the parties commit to seek first an amicable solution.

Procedure:

1. Notification of dispute in writing (recommended email) to other party
2. Negotiation period of 30 days minimum
3. Possibility to resort to mediation (consumer mediator for consumers, see Article 18.4)

18.3 Competent Jurisdiction

In the absence of amicable agreement, any dispute shall be submitted to competent courts of the jurisdiction of Brest (France), subject to mandatory contrary legal provisions.

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

• Either the court of the place where they resided at the time of subscription
• Or the court of the place of their current residence
• Or the court of the jurisdiction of Brest

18.4 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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19. Miscellaneous Provisions

19.1 Entire Agreement

These Terms, together with:

• Terms of Use
• Privacy Policy

...constitute the entire agreement between Pelli and the Customer concerning use of the Service and replace any prior agreement, commitment or communication, written or oral.

19.2 Partial Invalidity

If one or more provisions of these Terms are held invalid or declared as such pursuant to a law, regulation or final decision of a competent court:

• Other provisions retain their full force and scope
• Parties will endeavor to replace invalid clause with a valid clause of equivalent effect

19.3 Waiver

Pelli's failure to avail itself at a given time of one of the clauses of these Terms cannot constitute waiver to avail itself later.

19.4 Headings

Article headings are inserted to facilitate reading and have no legal value for interpretation of Terms.

19.5 Assignment of Contract

Customer cannot assign these Terms, nor any rights or obligations arising therefrom, without Pelli's prior written consent.

Pelli may freely assign all or part of its rights and obligations arising from these Terms, notably in case of:

• Merger, acquisition or restructuring
• Sale of business or business line
• Assignment to group company

Notification: In case of assignment by Pelli, Customers will be informed 60 days in advance by email with:

• Assignee identity
• Right to terminate without penalty within 30 days following notification
• Pro rata temporis refund for annual subscriptions

19.6 Survival of Certain Clauses

The following provisions survive termination or expiration of these Terms:

• Article 11 (Intellectual Property)
• Article 12 (Shop Module - responsibilities)
• Article 13 (Data Protection - retention)
• Article 15 (Limitation of Liability)
• Article 18 (Applicable Law and Jurisdiction)

19.7 Proof

The parties acknowledge and accept that:

• Computerized records kept in Pelli systems constitute proof of communications, orders and payments
• These records have the same probative force as signed paper writing
• System logs are conclusive to prove reality of operations

19.8 Language

These Terms are written in French. In case of translation into other languages, only the French version prevails in case of interpretation divergence.

19.9 Contract Retention

In accordance with Article 1127-1 of the Code civil, Customer may archive these Terms by printing them or saving them on durable medium.

A PDF version is available on request to [email protected].

19.10 Accounting Audit (Professional Customers)

For professional Customers subject to accounting audit, Pelli commits to provide on written request:

• Billing justifications: Detailed invoices with unique number
• Service use certificate: Summary document of period and plan used
• Hosting certificate: Certificate of data location in France

Provision deadline: 15 business days after written request to [email protected]

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20. Contact

For any question regarding these Terms of Sale or our services, you can contact us at the following:

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

Customer Service Email: [email protected] Contact form: pelli.io/contact

Data Protection Officer (DPO) Email: [email protected]

Illegal content reporting Email: [email protected]

Technical support Help center: aide.pelli.io Live chat (Ultra Plan): Available in your personal space

Support hours Monday to Friday: 9am - 6pm (Paris time) Excluding French public holidays

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Last update date of Terms: October 6, 2025

Version number: 2.0

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Pelli commits to providing quality service in compliance with French digital sovereignty, personal data protection and technical transparency. We are listening for any questions or suggestions for improvement.