Terms

1. Company Information and Users

Pictia, a French joint-stock company, with a registered capital of 10,750 euros, registered at the Lyon Trade and Companies Register under number 880 152 251, whose offices are at 36 Quai Fulchiron, 69005 Lyon, France can be reached by telephone at +33 6 79 96 46 84 or by e-mail at contact@pictia. io (hereinafter: the « Company » or « Pictia ») publishes a website which is accessible under the following domain name: « pictia.io » and allows its Users to access services designed to help protect the copyright of their images (hereinafter: the « Site »).
These general terms and conditions (hereinafter: the « General Terms and Conditions ») govern the relationship between the Company and the natural or legal persons using the Site and the Services for professional or personal purposes (hereinafter: the « User(s) »).

2. Non Compliance with the General Terms and Conditions

Failure to comply with the General Terms and Conditions may result in the suspension or termination of the Service, or the closure of the Account, after simple notification by email or registered mail, without any compensation or refund to the User. The Company cannot be held liable in this respect. However, the Company may hold the User liable and claim damages in this respect, including both damages borne by the Company but also all of its legal costs (such as representation costs and disbursements), if the User has not complied with these General Terms and Conditions.

3. Services provided by the Company

3.1. Scope of Services

As described es on the Site, the Company helps Users in protecting the copyright of their creations (hereinafter: the « Service(s) »).
The Service is based on several experimental technologies, including Blockchain technology, as well as artificial intelligence technology, which the User acknowledges and accepts.
The terms and conditions of use of the Service by the User are detailed on the website and in its documentation.
Pictia is free to change the Services, especially to add or remove functions, without the User being able to object to it. The Services are therefore subject to change, which the User accepts.
Pictia does not provide any warranty regarding durability of the Services. Pictia is free to stop providing the Services at any time, without being held liable and without having to reimburse the User. Pictia must only notify the User in advance.
The visual elements (images, videos, illustrations) illustrating the Service on the Site are not contractual documents and are presented for illustration purposes only and not for information. They must not be considered as a determining element of the User’s consent to subscribe to the Service. The Company shall not be held liable if the Service is not in all respects identical to what is described on the Website.
The Company allow the User, under a best efforts obligations, to access the Services included in the User’s choice of Services, for the duration agreed under the User’s engagement period.

3.2. Certificate of Authenticity of the Contents

Pictia may provide a certificate of authenticity of the Content, including but not limited to :
- Identification elements (ID card, face picture, KYC),
- Hash of the image stored by Pictia (resized version),
- Hash of the original image,
- Certificate fields (optional),
- Metadata extracted from the image,
Number of editions (optional).

The fingerprint derived from the Content provided by the User, is signed using a Bitcoin private key belonging to the Company, and the fingerprint resulting from this signature is submitted to the Chainpoint certification network which is responsible for anchoring it in the Bitcoin blockchain.
The Company does not control the anchors made on the Blockchain, which are automatically process at the request of the User, under his own responsibility.
The Company will use its best efforts to ensure that the anchor made complies with regulatory and industry standards.
However, the User is informed that no guarantee is provided as to the acceptance of the certificate of authenticity by a court in the event of a dispute. No compensation is then due to the User by Pictia.

3.3. Sale of licenses

The Company also provides a Service which allows for the sale of licenses of Content uploaded by the User on the Services, in compliance with the license contracts attached to these General Terms and Conditions.
The User allows the Company to sell licenses on the Content uploaded by the User, the sale of which it has authorized.
The User undertakes to give the Company the exclusive right to market the licences for the Content, which has not yet been published via other distribution channels.
By accepting these General Terms and Conditions, the User agrees to sell the licenses on his Content at the prices set by the Company. These prices may change at any time.
The Company is authorized to transfer reproduction and representation rights of the Contents, as stated in the Pictia license.
The Company is authorized to collect payment of the license and will transfer it to the User, with the deduction of the Pictia commission, as stated in these General Terms and Conditions.
The licenses sold by Pictia are anchored on the blockchain in the same way as the certificate of authenticity and the evidence report.

3.4. Pictia module

The company Pictia provides a module that allows the Content (image) to be integrated into a website for its use.
This module allows the User, author of the Content (image) to be automatically quoted, it also allows, if the User authorizes it, to access the page of sale of the license of this same Content.
The User, author of the Content, can freely use this module (accessibility of the parameters of this module via his Pictia space) as long as its content is certified by the company Pictia.
This module can also be used by the purchaser of a Pictia license to use the User's Content. This buyer finds on his space, as a Pictia User, the parameters of this module for its use.

3.5. Monitoring and management of disputes (out-of-court settlement)

The User mandates Pictia to:
- Search for unauthorized online use of the Contents.
- Manage the dispatch of amicable cease-and-desist letters prior to potential legal action by Pictia and its partner law firm.

The User chooses which Content are monitored. Pictia informs the User of any use of the Content found. The User chooses whether he or she wishes to take action against such use, or whether he or she does not wish to take action.
The User will expressly agree to the start of the amicable phase, prior to any amicable settlement action by Pictia or its partner law firm.
Pictia and its partner law firm are free to accept or reject a case, at their own discretion and especially if they consider that the legal basis for the case is not sufficient, or that it is impossible to obtain compensation for the use found.
Pictia and its partner law firm are authorized to enter into transactional agreements and to collect settlements in the name and on behalf of the User, for the Content submitted to Pictia and for the disputes that the User has instructed Pictia to handle. Pictia may ask the User to sign a specific mandate for the management of a dispute, if necessary.
In the event of a dispute, Pictia and its partner law firm will send a formal notice to the natural person or legal entity who is an unauthorized user, for a minimum amount of 500 euros.
Pictia's partner law firm is free to negotiate a reduction in the settlement for a maximum of 10% of the claim amount.
In addition to the disputed amount, the natural person or legal entity in a situation of alleged fraudulent use may be asked to pay a handling fee.
A commission may be applied to the amount requested in the formal notice sent to the natural person or legal entity in a situation of supposedly fraudulent use, thus reducing the amount to be received by the User.
The User undertakes to provide any information necessary for the proper management of the dispute by Pictia or its partner law firm.
If the User wishes to litigate a dispute, the User is free to do so on the basis of the information provided by Pictia.

3.6. Evidence Report

Pictia produces an evidence report, which details how the Contents are used without authorization by third parties. It may include the following, if available: a screenshot of the unauthorised use, its date and time, a copy of the Content used illegally by the website, a link to the website's webarchive backup, information on the website's domain name, the website's legal information, a copy of the source code of the page of the website on which the Content is used illegally, etc.
This evidence report is anchored in the Blockchain in the same way as the certificate of authenticity and the user licenses sold by Pictia.
This evidence report can then be used while settling or litigating disputes.
This evidence report can be sold separately from the subscription to the Services.
However, the User is informed that no warranty is provided as to the acceptance of the evidence report by a court in the event of a dispute, if it is not drafted by a bailiff. No compensation can be claimed by the User from Pictia.
This evidence report may be drafted via a partner bailiff, in compliance with the standards in force on the date the evidence report is drawn up.
In this case, the User is informed that the evidence report is not drawn up by Pictia but only by its bailiff partner. If Pictia uses a bailiff, Pictia only undertakes to use a bailiff registered with the National Chamber of Bailiffs. Pictia is therefore not liable due to the evidence report, if a court rejects the evidence report that has been drawn up. No compensation can be claimed by the User from Pictia.

3.7. Use of the Services by the User

Each User is solely responsible for his or her use of the Site. He must have all the necessary rights to use it.
The User guarantees that the various Contents entrusted to Pictia for the use of the Services are Royalty free.
Pictia delivers innovative services, whose proper performance depends on the good faith and responsible use of Users of the Site. The Users must therefore provide:
- Accurate information,
- Content that they actually own and/or for which they have all necessary authorizations, as well as any evidence of ownership of the rights, upon request of the Company.

Any false declaration and non-compliance with these conditions would make it impossible for Pictia to provide the Services, and Pictia would then be free to terminate the Services, without any compensation or reimbursement being due to the User.

4. Acceptance of the General Terms and Conditions

Acceptance of these General Terms and Conditions is confirmed by ticking a box in the registration form, next to the words « I acknowledge that I have read and accepted all the General Terms and Conditions » or similar language.
Ticking this box will be deemed to have the same value as a handwritten signature.
This acceptance can only be provided without reservation. If any reservation is provided, acceptance is considered null and void. The User who does not agree to be bound by these General Terms and Conditions must not use the Services.
The General Terms and Conditions are subject to change, and the Company reserves the right to modify them at any time. The Company will inform its Users as soon as possible. Failing acceptance of the modified General Terms and Conditions, the User may not continue to use the Service and must delete his Account. If the User is subject to a subscription period, he may continue to use the Service until the end of his subscription, without renewal being possible.
Acceptance of the General Terms and Conditions, as well as the use of the Site and the Service, presupposes that the User has the necessary legal capacity to do so.
The User must therefore be of legal age or a company legally registered in his/her country.
If Pictia is informed that a User does not have the legal capacity or does not respect the conditions of registration, his Account may be immediately closed, without notice and without Pictia being held liable. No compensation is due, nor any refund. Any subscription to the Service in the absence of legal capacity may also be cancelled under the same conditions.

5. Subscription to the Services

Prior to his first subscription to the Services, the User must create an Account.

The steps of the subscription are as follows:
- Creation of an Account by the User if it is a first subscription (or connection to his Account if it already exists) with knowledge and acceptance of the General Terms and Conditions by the User;
- Activation of the Account by email;
- Connection to his Account;
- Provision of the User's identification details;
- Provision of billing information;
- Choice of a paying formula by the User;
- Viewing of the subscription summary for final validation;
- Sending of a confirmation email to the User
-Viewing of the invoice.

The subscription is complete upon receipt of the User's payment by Pictia, unless the User chooses a free subscription, in which case the subscription is complete upon receipt of the confirmation e-mail by the User.
Pictia cannot under any circumstances be held liable for any error in the choice of subscription by the User, for typing errors by the User, or for any other information provided which is erroneous, nor for any consequences thereof.
Pictia reserves the right to refuse any subscription for legitimate reasons, in particular in the event of payment problems, provision of incomplete and/or inaccurate information, or subscription in bad faith.
Pictia will archive orders and invoices on a reliable and durable medium constituting a faithful copy. Its digital records will be considered by the parties as proof of communications, payments and transactions between the parties.

6. User Account

Use of the Services provided on the Site is subject to registration, as well as the creation of an Account and prior identification of the User.
Registration automatically leads to the opening of an Account in the User's name (hereinafter: the « Account »), giving him access to a private area (hereinafter: the « Private Area ») that allows him to access and manage the various Services.
The User warrants that all the information he or she provides in the registration form is accurate, up-to-date and truthful and is not misleading. The User shall be solely responsible for any error, omission or failure. If the User provides erroneous information or refuses to comply with requests for proof of his or her identity that may be requested by any means, the Company reserves the discretionary right to suspend the Service, to delete his or her User account, without being held liable responsibility and without any compensation being due to the User.
The User undertakes to update this information in his Personal Space in the event of changes, so that it always corresponds to the above-mentioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon him/her as soon as it is validated.
The Company confirms the creation of each User's Account by automatically sending a request for confirmation to the email sent in the registration form.
The User may access his or her Private Area at any time after having identified himself or herself using his or her login name and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he has mandated an organization to do so, and bears full responsibility for it.
He is equally responsible for maintaining the confidentiality of his login and password. The User is responsible for providing a strong and sufficiently complex password. The Company shall not be liable in the event of access to the Account by a third party through brute force attack. The Company will not be liable in case of unauthorized use of the Account by a third party, and will not be liable for any damage caused by such use.
The User must immediately contact Pictia if he notices that his Account has been used without his knowledge. He authorizes Pictia to take all appropriate measures in such a case.
The User has access to the Services described on the Site, in a form and according to the functionalities and technical means that Pictia deems most appropriate.

7. Price of the Services

7.1. Price

The Services are provided on a fixed-fee basis.
The price of the Services is indicated on the Site.
The User is free to choose the subscription type that suits him/her.
Unless otherwise stated in writing, prices are understood to be in euros including taxes (TTC)
Pictia reserves the right to pass on any changes in the VAT rate to the price.
Pictia reserves the right, at its own discretion and on terms of which it will be the sole judge, to offers promotional offers or price reductions, without this constituting an obligation to existing Users.
The price of Services may be subject to revision by Pictia at any time, at its free discretion.
Any revision will only apply to subscriptions made the User after the date of entry into force of these modifications or after the end of his current subscription period. They will not affect the current subscription period. The User will be notified of any price changes no later than fifteen (15) days before their entry into force.
The User who does not accept the new prices will not be able to continue using the Service and must terminate the Services at the end of his subscription period. In addition, any User who does not have a subscription will not be able to continue to use the Service as of the next billing due date. Without accepting the new prices, he will not be able to renew his subscription.
Invoices for the Services are sent to the User by any appropriate means.
The payment conditions are described on the Site.
If the User wishes to switch from a type of subscription to another, the price of the new subscription chosen will be invoiced in full, with a deduction of the price of the previous subscription terminated early prorata temporis for the time elapsed between his subscription and his cancellation of the old subscription type. The User can choose a more expensive subscription during his subscription period. The choice of a less expense subscription is possible at any time but will apply at the next billing due date.

7.2. Payment

Payment is due at the beginning of the subscription period.
Payment is made by direct debit from the User's credit card number, including in cases of tacit renewal.
Payment is debited at the beginning of the subscription period.
The direct debit is processed by the payment service provider designated on the Site, which alone retains the User's bank details for this purpose. Pictia does not retain any bank details.
The User warrants Pictia that he is the holder of the means of payment and that he has the necessary authorizations to use the chosen method of payment. He undertakes to take the necessary steps to ensure that the price of the Services can be debited automatically.
The payment of the price is made by credit card, owned by the User, and that mentions his identity or that of the legal entity he represents.
In case of online payment, the User accesses a secure server certified by a certification authority, a service provided by the payment company MANGOPAY.
When validating payment, the Customer declares that he accepts the general terms and conditions of MANGOPAY available on the following link: https://www.mangopay.com/terms/PSP/PSP_MANGOPAY_EN.pdf.
The User must fill in his bank details. The transaction is then carried out according to banking security standards. The payment company is the only party who retains the bank details.
The User accepts that the secure transaction is processed by the Company. The User therefore authorizes the payment processor to debit the price of the chosen subscription on a recurring basis, even without any signed invoices.
If the User does not provide exact bank details or if, for any other eason, Pictia is not be able to debit payment, the Services will be immediately suspended or terminated, at Pictia's discretion.

7.3. Late Payment

The User is informed and expressly accepts that any partial or total delay in payment will automatically cause:
- the forfeiture of the term of all sums due by the User, that can thus be immediately called for payment;
- the immediate suspension of the Services until full payment of all sums due is made by the User;
- the invoicing of late payment penalties without any prior formal notice being necessary. The rate of these penalties is equal to the ECB refinancing rate plus ten percentage points and is applicable from the first day of delay. Pictia may also invoice, in the same way, a sum of forty (40) euros for recovery costs.

The payment of interest for late payment and administrative collection costs does not prevent the Company, at its discretion, from taking legal action to obtain additional damages.
Failure to pay may also result in the termination of the Services by Pictia, without notice and without liability.

7.4. Renewal

At the end of the term of the subscription period, the Company will inform the User within a reasonable time of the tacit identical renewal of the subscription.
The User is free to terminate his paying subscription at any time, in his Account, by selecting the free subscription. This choice will be effective at the next scheduled billing date.
The renewal of the subscription is monthly or annually, tacitly and depends on the option chosen by the User. The price shall be identical to the price paid by the User during the previous period.
If the User decides to terminate his subscription early or not to renew it, he will no longer be able to use the associated Services and the Site from the date of termination of the subscription.
However, it is specified that the termination subscription will not result in the deletion of the proof of the existence of his work recorded in the Blockchain or of his current disputes. Termination only impacts future Services.
In the event of early termination by the User, no refund of the price previously paid by the User to the Company will be made.

8. Commission

Pictia or its partner law firm, may charge a commission to the User in the event of a license sale or an amicable settlement of a dispute.
The commission fee is 17 % of the amount collected by Pictia.
Pictia reserves the right to change the percentage of the commission at any time and will notify the User of any change. If the User refuses such change, the User may continue to use the Services until the end of his subscription, but tacit renewal will no longer be possible.
This modification will only apply to new cases (sales of licenses and disputes) opened from the date of entry into force of the modified commission percentage.
Pictia's commission will be deducted from the amount paid to the User by Pictia, which the User accepts.

9. User’s Obligations

The User of the Services declares to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
The User is solely responsible for the content of any kind that he or she disseminates within the framework of the Services (hereinafter referred to as the « Content »).

9.1. Intellectual Property on the Contents

The User warrants to Pictia that he has all the rights and authorizations necessary for the use of this Content, and that he is the holder of all the intellectual property rights of these elements with a view to their protection by Pictia's Services.
The User must therefore be the author or have been assigned rights on the content in compliance with the applicable legislation. Pictia may ask the User to provide any information to prove his ownership of the rights on the Content, and the User must provide this information.
In case of failure to do so, Pictia will be free to terminate the Services immediately, and to delete the Contents, and to hold the User liable in accordance with the Article « Liability».

9.2. Legality of the Contents

The User undertakes that his Content is lawful and that it is in no way liable to cause Pictia’s civil or criminal liability to be held.
Pictia cannot be held liable if any of the Contents detailed below are uploaded in the Services.
The following Content must not be uploaded to the Services: illegal, liable to criminal sanctions, contrary to the regulations in force in France, contrary to good morals, contrary to public order, liable to offend others (without limitation : nudity, pornography, paedophilia, obscenities, incitement to racial/religious/sexual/ethnic hatred, sale of illegal or regulated products, defamation, discrimination, hatred, injuries, insults, aggressiveness, contempt, harassment, trolling, denigration, violence, suicide, self-mutilation, denial of crimes against humanity, call for murder and/or violence, revisionism, anti-Semitism, apology for war crimes or crimes against humanity, pimping, scam, fraud, infringement of privacy, political statement, incitement to commit a crime), including contact details, infringing the rights of third parties, in particular in the event of infringement of copyright, trademark, design, patents, databases, privacy, unfair competition and/or parasitism, infringement of the right to image, the right to privacy, personal data, infringing the computer systems of third parties, or inaccurate or misleading.
Pictia may therefore moderate (modify, block or delete) any Content at its discretion. Failure to comply with these rules may also result in the immediate termination of the Service, without any liability on the part of Pictia, nor any compensation or refund to the User.

9.3. Technical Commitments

The User agrees not to act in the following manner, without this list being exhaustive:
- Act in a way that could compromise the functioning of the Services,
- Reproduce the Services, in any way whatsoever, by any means and in any form,
- Attempt to access a third party's Account,
- Attempt to access the servers (outside normal use of the service) or computers on the Pictia network,
- Attempt to upload viruses, Trojan horses, or any other invasive or illegal programs to Pictia's servers,
- Extract data or computer code from the Services without prior written permission from Pictia, including but not limited to adapting, modifying, translating, transcribing, arranging, compiling, decompiling, assembling, disassembling, transcoding all or part of the Services.

9.4. Services Prerequisites

The User acknowledges that he has read on the site the characteristics and limits of Pictia's Services, including those of technical nature. He is solely responsible for his use of the Services.
The User is informed and accepts that the provision of the Services requires that he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible. The User is also responsible for acquiring the prerequisites of the Service (computer terminal, internet connection), at his own expense.

9.5. Cooperation

The User undertakes to provide all information necessary for the proper execution of the Services, to Pictia. The User undertakes to cooperate actively with Pictia for the proper execution of these terms.

9.6. Preservation of originals

The User must always protect and safeguards, by his own means, permanently, the original of each Content put online within the Services, for as long as he may need proof of the existence of his work. The User acknowledges that the free service of hosting the thumbnail of the Content provided by Pictia is a necessary condition for providing the Image Monitoring Service on the Internet, and cannot substitute for a durable preservation of the digital integrity of his works that are protected through the Services of Pictia.
Pictia will not be liable in case of loss of the original by the User.

10. Content License

The User grants Pictia a license to use the Content posted online within the Services.

This license includes:
- the right to use,
- the right to copy, on any existing or future medium, and by any means,
- the right of represent, by any means,
- the right of adapt, modify,
- the right to transfer a right of reproduction and/or representation to third parties, when selling a license.

This license is granted free of charge, irrevocable, non-exclusive, transferable, worldwide, for the duration of the subscription to the Services extended to the entire duration of the pending disputes at the date of termination of subscription.
This license is strictly limited to use by Pictia for the provision of the Service, at the exclusion of any other use.

11. Liability

11.1 User Liability

The User is solely responsible for any damage (fault or negligence) resulting from the use of the Site and Services, any violation of the General Terms and Conditions, resulting from his Account and/or the Site. He therefore warrants the Company against any legal or administrative action by a natural person or legal entity that may invoke a breach of legal or regulatory provisions or any prejudice or violation whatsoever, especially infringement, unfair competition or parasitism. He will bear all sums that Pictia may be ordered to pay on this basis by a court, an administrative authority or any other entity, including damages, representation costs (in particular lawyer's fees), and disbursements. Pictia shall, however, remain free to organize its own defense.

11.2. Company liability

The Company undertakes, for the entire duration of the User subscription, to comply with the regulations and laws applicable to the provision of Services in France.
The Company undertakes, under a best efforts obligations, to make the necessary efforts to ensure the proper execution of the Site and Services. However, the Company cannot guarantee to the User that the Site and Services will function properly at all times. No service level commitment is made, which the User accepts. A momentary interruption of the Site and/or Services is possible. The Company will do its best to inform Users of any such interruptions. Pictia will not be liable if it is impossible for the User to access the Site or Services.

In the event of a temporary interruption of the Services, Pictia cannot be held responsible for the unavailability of the Site and/or Services caused by the following cases:
- failure of the internet network, internet service providers
- human error
- electrical failure
- malicious intervention
- software or hardware failure
- force majeure

Pictia cannot be held liable for any direct or indirect damage resulting from the visit of a User or a third party to the Site, the use or inability to use the Site or the Services.
This limitation of liability concerns any type of indirect damage, including but not limited to operating losses, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of customers, loss of expected savings, damage to image and reputation, loss of chance. The same applies in the event of failure of the internet network, internet service providers, human error, electrical failure, malicious intervention, software or hardware failure, or force majeure.
Pictia shall also not be liable for damage caused by malicious software, viruses or any inaccuracies or omissions in information, the Site and the Services, unless the damage results from a deliberate act or gross negligence of Pictia.
In any case, Pictia's liability for any damage suffered by the User shall not exceed the value of the subscription of the User for the period during which the damage occurred.

12. Personal Data

The Company collects and processes personal data concerning each User. They are governed by the Privacy Policy, which can be accessed at the following address: https://www.pictia.io/en/privacy-policy.html.

13. Intellectual Property

The texts, images, domain names, trademarks, designs, models, patents, software, databases, used on the Site, as well as the Services, are:
- Property of Pictia, or ;
- If applicable, property of a third party who has provided a license to Pictia.

These elements are protected worldwide.
These General Terms and Conditions do not grant any intellectual property rights to the User, who may not reproduce any of the elements of the Site, in whole or in part, without the prior written consent of Pictia.
The Company grants Users who access the Site and the Services a personal, non-exclusive right to use the Site and the Services in order to uploaded their Content, for the duration of their subscription, to the Services, and worldwide. This right is granted solely to enable the proper provision of the Services, to the exclusion of any other right. Consequently, said Users undertake to respect the intellectual property rights relating to the Site, the Services and the elements composing them.
Any partial or total reproduction of these elements may constitute an infringement. Pictia reserves the right to take any action necessary to enforce its rights and repair its damage.

14. Confidentiality

The information exchanged between Pictia and the User is confidential.
The obligations of this Article apply both in case of voluntary disclosure but also in case of negligence or involuntary disclosure of any kind.

The Parties agree that the following shall be considered Confidential Information (hereinafter « Confidential Information »), regardless of the form and/or medium used:
- All information, analysis, studies and other documents in any form whatsoever, relating to the existence and content of discussions between the Parties regarding the provision of the Services;
- The methodologies, products, tools and software, hardware, industrial models and data of the parties, as well as any updates, modifications or additions thereto;
- Other information identified as confidential by the parties.

The parties agree to use Confidential Information, directly or indirectly, in whole or in part, for any purpose whatsoever, only for the purposes for which such Confidential Information is communicated.
However, the parties may be required to disclose Confidential Information to partner lawyers and bailiffs, and when the law or an institution (judge, administration) requires them to do so.

This confidentiality obligation does not apply to the parties when:
- One of the parties can prove that this Confidential Information results from its own activity or from an independent third party, obtained in good faith;
- The Confidential Information was in the public domain at the date of its communication;
- The Confidential Information is publicly available by publication or other means of communication, unless caused by the fault or negligence of the party receiving the information;
- Where the party having received such information, can prove that it was communicated to him or can be communicated to him by a third person without breach of an obligation of confidentiality.

15. Effects of this Agreement

If any provision of these Terms and Conditions is declared null and void or unenforceable by a Court of competent jurisdiction, it shall be deemed to be unwritten and all other provisions of the Terms and Conditions shall remain in full force and effect unless its unenforceability materially affects the balance of the Terms and Conditions.
The Company shall replace the provision declared null or inapplicable by a valid and enforceable clause having as far as possible the same effect as that which the provision declared null or inapplicable should have had.
The fact that the Company does not avail itself of the benefit of a right or a breach by a User of any of its obligations under these General Terms and Conditions shall not be interpreted in the future as an abdication or waiver by the Company of the obligation in question.
The headings of the articles of these General Terms and Conditions shall not affect the interpretation of the General Terms and Conditions.
The relationship between the Company and the Users is and will remain that of parties acting independently within the framework of the General Terms and Conditions.

16. Proof

The parties agree that all electronic communications, including e-mail, shall be evidenced to each other.
In particular, the User acknowledges that Pictia’s automatic recording systems will have full value of proof, and, except for him to provide proof that they have been falsified, he waives the right to contest them in the event of a dispute.

17. Language

In the event of a translation of these General Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute as to the meaning of a term or provision.

18. Applicable laws and disputes

These General Terms and Conditions are governed by French law.
In the event of a dispute as to the validity, interpretation and/or execution of these General Terms and Conditions, in the absence of an amicable agreement following the occurrence of such a dispute, the parties agree that the courts of Lyon shall have exclusive jurisdiction to rule such dispute, unless mandatory procedural rules to the contrary exist, including in the event of an appeal in warranty, summary proceedings or multiple defendants.

Article 1. Use of images

Y has the non-exclusive and non-transferable right to use the image (ID number) of author X under the following conditions:
- Unlimited for copies or consultation of the web file.
- As digital reproduction, including on websites, in online advertisements, in social networks, in advertisements on mobile devices, mobile applications, software, e-cards, electronic publications (eBooks, webzines, blogs, etc.), e-mail marketing and in online media (including on video sharing services such as YouTube, Dailymotion, Vimeo, etc.), provided that the budget for such production does not exceed EUR 10,750 including VAT.
- For personal use and non-commercial use (not for resale, downloading, distribution, or any other commercial use.
- Use of the image for a maximum period of one year from this day (mentioned above at the top of this contract) without the Pictia module (see general conditions for more details on the Pictia module).
- Use of the image for an indefinite period with a use of the Pictia module (see general conditions for more details on the Pictia module).

Article 2. Prohibitions

Y is forbidden to:
- Use the image in any manner other than that expressly defined in Article 1.
- Depicting a person in the image in a manner that a reasonable person would find offensive, including, but not limited to, the depiction of a Model: a) in a context related to pornography, "adult videos", adult entertainment venues, escort services, dating services, or otherwise; b) in a context related to the advertising or promotion of tobacco products ; c) in a political context, such as promoting, advertising or supporting a political party, candidate, elected representative or in connection with a political strategy or opinion; d) as suffering from, or under treatment for, a mental or physical ailment; or e) engaging in criminal or immoral activities.
- Use the image in a pornographic, defamatory or misleading context, or in a manner that could be considered defamatory, obscene or illegal.
- Modify the image.
- Resell, redistribute, give access to, share or transfer the image, except as specifically provided herein.
- Use the image in a manner that violates the author or any intellectual property of a third party, or that could give rise to a claim of misleading advertising or unfair competition.
- Use the image (in whole or in part) as or as part of a trademark, service mark, logo or other indication of origin.
- Falsely claim, explicitly or sufficiently misleadingly, that the Image was created by you or someone other than the copyright owner of such Author.

Article 3. Price of the license

The present possibility to use the image is granted to Y at the price of XX euros excluding taxes per image.

Article 4. Duration of the Contract

This Contract is concluded for 10 years not renewable by tacit agreement for use with the Pictia module (see general conditions for more details on the Pictia module).
This Contract authorizes the use of the image without the Pictia module for a period of one year from this day (mentioned above), after this date of one year the image must be used with the Pictia module (see terms and conditions for more details on the Pictia module).

Article 5. Exclusions

The rights assigned concern exclusively the rights of the author.
For the other rights - in particular the rights of the authors of the works represented, the rights of the owners, it is up to Y to negotiate them with the organizations representing the author or his successors in title.

Article 6. Source and Copyright Notices

For all uses, the author's name must be indicated, as it is already present on the Pictia module. In the case of use without the Pictia module must be mentioned:
"Image of (name of the author of the image) used under license from pictia.io"
In all cases, the author and source mentions must be of a size, color and scope that allows them to be read clearly and easily.
Y must always ensure respect for the author's work.

Article 7. Termination

The company Pictia may terminate this Contract at any time if Y fails to comply with any of the terms of this Contract or any other current Contract with the company Pictia.
In such a case Y must then immediately cease using the content; delete or destroy all copies; and, upon request, confirm to Pictia in writing that all these requirements have been met.

Article 8. Cancellation of the contract

The Pictia company reserves the right at any time and at its sole discretion to interrupt the marketing of Pictia licenses for any reason whatsoever.
Y agrees, in such case, to stop the use of the image in question, erase or destroy all copies without recourse to any compensation or claim.
The Pictia company reserves the right to take legal action in the event of breach of the terms of the Contract.

Article 9. Responsibility

Y is exclusively liable on its own behalf or on behalf of a third party, for any damage, general or particular, direct or indirect, resulting from the execution of this Contract, and in particular for the use of the images.
The company Pictia may not be held liable in the event of damage, costs or losses resulting from modifications made to the images or because of the context in which Y uses the image.

Article 10. Compensation

Y shall indemnify Pictia, its legal representatives, employees, shareholders, directors, officers, members and suppliers, and shall hold them harmless or release them from any liability arising from any use of the images other than the uses expressly authorised by this Contract.
Y also agrees to indemnify the company Pictia for all costs and expenses incurred by it in the event of non-compliance by Y with any of the conditions of this Contract or any other Contract that binds Y to the company Pictia.
If you are accepting the Contract on behalf of your employer or other entity, you warrant and represent that you have full authority and rights to do so. If you do not have such authority, you agree to personally assume responsibility to Pictia Company for any breach of the provisions of this Contract.

Article 11. Assignment of the contract

Neither parties may assign, sell, rent, lease, loan, give, grant, this Contract without the prior written consent of the other party.
The Pictia company may, however, assign this agreement to a subsidiary, an affiliate of the Pictia group, to the entity resulting from a merger or any other restructuring involving Pictia or to an entity which acquires all or substantially all of Pictia's assets or share capital.

Article 12. Applicable law

This Contract is governed exclusively by French law.

Article 13. Jurisdiction clause

In the event of a dispute relating to this Contract, the parties have agreed to designate the Commercial Court of Lyon - France as the sole competent court.

Done in Lyon on (date of contract)
On the one hand, Pictia, a French joint-stock company, with a registered capital of 10,750 euros, registered at the Lyon Trade and Companies Register under number 880 152 251, whose offices are at 49 rue Louis Blanc, 69006 Lyon, France

On the other hand,Mr., Mrs., Company, (in this model contract we will name this part Y)

The Pictia company, via its web platform app.pictia.io, manages the copyrights (images) of its customers.

In this case, Pictia noted that Y used the following image (ID number) belonging to X (author) without having obtained the prior consent of the author.
In order to be able to continue to use the said image legally, the following has been agreed between the parties.