Pelli Terms of Service

1. Preamble

These Terms of Service (hereinafter "ToS") govern the use of the Pelli platform (hereinafter "the Service"), provided by Lumy.Media, SAS with a capital of 2000 euros, registered with the Brest Trade and Companies Register under number B 889 608 790, with its registered office in Brest (hereinafter "Pelli" or "we").

Pelli provides a photo gallery hosting and management service for professional and amateur photographers (hereinafter "Users").

2. Terms Acceptance

Using the Service implies full acceptance of these Terms. If you do not accept these terms, you must not use the Service.

Pelli reserves the right to modify these Terms at any time. Users will be informed of any changes by email and/or through a notification on the Service. Continued use of the Service after notification of these changes implies acceptance of the new Terms.

3. Service Description

Pelli provides an online platform allowing photographers to create, manage and share photo galleries with their clients. The Service includes:

• Image file hosting
• Photo gallery creation and customization
• Secure gallery sharing with clients
• Management tools for photographers
• Client collaboration features

4. Registration and User Account

To use the Service, the User must create an account by providing accurate and up-to-date information. The User is responsible for maintaining the confidentiality of their login credentials and all activities that occur under their account.

The User agrees to immediately notify Pelli of any unauthorized use of their account or any other security breach.

5. Intellectual Property

The intellectual property of images and other content uploaded to the platform belongs entirely to the Users who created them or who hold the rights.

By using the Service, the User grants Pelli a non-exclusive, worldwide, free, and limited license to host, store, transfer, and display this content, solely for the purpose of providing the Service.

Pelli commits not to use, modify, disclose, or exploit this content for other purposes without the User's express authorization.

All intellectual property rights relating to the Service, including but not limited to software, interfaces, logos, and trademarks, are the exclusive property of Pelli.

6. Service Usage

By using the Service, the User agrees to:

• Not store, share, or distribute illegal, defamatory, offensive, threatening content or content violating third-party rights
• Not use the Service in a way that could damage, disable, overload, or impair Pelli's servers
• Not attempt to access parts of the Service to which the User does not have access
• Not use the Service for unauthorized commercial activities
• Comply with all applicable laws and regulations when using the Service

Pelli reserves the right to suspend or delete accounts of Users who do not comply with these rules, without notice or compensation.

7. Availability and Liability

Pelli strives to maintain the Service available 24/7. However, Pelli cannot guarantee uninterrupted availability of the Service and shall not be held responsible for interruptions or unavailability of the Service, particularly in cases of:

• Force majeure
• Telecommunications network failures or malfunctions
• Maintenance operations necessary for the proper functioning of the Service

In case of prolonged unavailability due to Pelli's fault, compensation may be granted to the User, calculated pro-rata based on the duration of unavailability and limited to the amount of subscription fees paid by the User for the period concerned.

Pelli shall not be held liable for indirect damages suffered by the User, such as loss of data, clients, or revenue.

8. Personal Data Protection

Pelli commits to comply with current regulations applicable to personal data processing, particularly the General Data Protection Regulation (GDPR).

Personal data collected by Pelli is processed in accordance with our Privacy Policy, available on our website. This policy details the types of data collected, processing purposes, User rights, and security measures implemented.

Users have the right to access, rectify, erase, and port their data, as well as the right to object to and limit processing. These rights can be exercised by contacting our Data Protection Officer at: [email protected].

9. Termination

The User may terminate their account at any time by following the procedure provided in their personal space or by contacting customer support.

Pelli reserves the right to terminate or suspend a User's access to the Service, without notice or compensation, in case of violation of these Terms or for any other legitimate reason.

In case of termination, the User has 30 days to recover their data before permanent deletion.

10. Applicable Law and Jurisdiction

These Terms are governed by French law. In case of dispute, the parties will try to resolve it amicably. Failing an amicable agreement, any dispute relating to the validity, interpretation or execution of these Terms will be submitted to the competent courts of Brest, subject to mandatory legal provisions to the contrary.

11. Support and Contact

For any questions about using the Service or these Terms, Users can visit our help center at: help.pelli.io

Our customer service is also available by email at: [email protected]