Please read these Terms and Conditions of Use carefully before using the Piwigo.com website.
PigoLabs, operator of Piwigo.com, is a French simplified joint-stock company (SAS), registered with the Nantes Trade and Companies Register under number 528 932 114. EU VAT number: FR 29 528932114. Its registered office is located at 12 avenue Jules Verne, Bat. A, 44230 Saint-Sébastien-sur-Loire, France. The Director of Publication is Pierrick LE GALL. PIWIGO is a trademark registered under number 10 3 704 098 with the INPI. The Site is hosted by OVHcloud, 2 rue Kellermann, 59100 Roubaix, France.
The following Terms of Use define the rules applicable to the Piwigo.com website (the "Site") created by PigoLabs (the "Editor"), as well as the conditions of use of the services (the "Services") provided by the Editor on the Site.
Accessing the Site and using the Services implies full acceptance of these Terms of Use. If you do not agree with these Terms of Use, you must stop using the Site and the Services provided by the Editor. These Terms of Use apply only to the Site and its associated Services, and not to any third-party websites.
The Editor reserves the right, within the limits permitted by law, and in particular in accordance with Article R132-1 of the French Consumer Code, to modify these Terms of Use at any time. In the event of modification, the updated Terms shall apply from the date of their publication on the Site. Each use of the Site is subject to the Terms of Use in force at that time.
These Terms of Use are governed by French law. Any breach of these Terms, and more generally any dispute relating to their execution, interpretation or validity, shall fall under the jurisdiction of the French courts.
The Editor provides the following Services on the Site: (i) storage, publication and sharing of digital images or videos, (ii) hosting of websites presenting the hosted content.
In order to use the Services, the user must have access to the Internet, either directly from their computer or via any other device such as a mobile phone. Any costs related to such access are borne by the user, who must also provide all equipment necessary to ensure connection to the Internet.
It is the user’s responsibility to ensure that their hardware and software do not disrupt or interfere with the Services. The user undertakes to immediately disconnect any device or software that causes interference with the Services.
The Site and the Services are accessible 24 hours a day, 7 days a week to all users. However, the Editor shall not be held liable for any interruption in access to the Site or its Services, whether voluntary or not.
The Editor reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or restrict access to one or more Services in order to carry out updates, modifications or changes to operating methods, server infrastructure or service availability, without limitation.
The Editor reserves the right to make any changes to the Site and the Services that it deems necessary for the proper functioning or development of the Site and the Services.
The Editor reserves the right to impose limits on the use of the Services where abnormal usage is established. The following constitute abnormal usage, including, without limitation:
The measures that may be implemented by the Editor include, without limitation: (i) storage quotas or restrictions, (ii) limits on access to the Services over a given period, (iii) suspension or closure of the user’s account.
Although the Editor provides the Services on a redundant platform with backups across multiple servers, the Editor provides no guarantee in the event of deletion or failure to store any content transmitted through the Services. Consequently, users are advised to keep a backup copy of the photographs stored on the Site in order to mitigate any risk of loss.
The Services may give rise to communications from the Site or the Editor, such as messages relating to the operation and development of the Services, as well as informational communications.
If the user is a minor, they represent and acknowledge that they have obtained authorization from their parents or legal guardian to register and use the Services. The holder of parental authority agrees to guarantee the user's compliance with these Terms of Use.
Registration for the Services requires the provision of certain information such as name and email address. Additional information may be requested during use of the Services. The user agrees to provide accurate and up-to-date information.
Upon registration, the user selects a unique identifier and a personal password. The user is solely responsible for the use and confidentiality of these credentials.
The user agrees to immediately notify the Editor of (i) any unauthorized use of their account and/or password, (ii) any security breach affecting their account, (iii) any abnormal modification of their content.
The Editor reminds users to take necessary precautions to prevent identity theft, particularly when using unsecured Internet access such as public Wi-Fi: (i) logging out after each session, (ii) avoiding the use of automatic login features.
Any abnormality relating to an account may be reported via the contact form available on the Site.
Fees are those indicated on the Site at the time of order confirmation. No price changes shall apply to subscriptions or orders already in progress.
Prices are expressed in euros and exclude VAT, which is calculated based on the customer's country and VAT status.
Payment for Services is made online via a secure payment system. The selected providers are PayPal (online payment platform) and Stripe (online payment processor). All communications between the Site and the payment platform are encrypted, and the platform does not transmit any confidential payment information to the Editor. The Editor is notified of payment acceptance via an encrypted response from the provider, and based on this status, the Site validates the subscription.
The information provided for payment is binding on the user. In the event of an error in the information provided, the Editor shall not be held responsible for any consequences.
In accordance with Article L.121-20-2 of the French Consumer Code, the right of withdrawal cannot be exercised for services whose execution has begun before the end of the legal withdrawal period.
The user is responsible for all content:
The user is also aware that any content made publicly available through the Services remains the sole responsibility of its author, the Editor exercising no control over such content. The Editor has no general obligation to monitor content stored on the Services by users.
The user undertakes to comply with the laws and regulations in force and to use only content for which they hold the necessary rights, for which the rights holder has given express consent for distribution, or which is free of rights.
For the avoidance of doubt, the French Intellectual Property Code prohibits any representation or reproduction, in whole or in part, of a work made without the consent of the author or their rights holders.
The user warrants to the Editor that they hold the rights necessary to publish the content made available on the Site or through the use of the Services. Such rights include, in particular, personality rights, copyright, trademark rights and other distinctive signs.
You may not upload content that is not suitable for all audiences on the Site and the Services, this being intended to prevent minors from accessing content not intended for them.
When using the Services, you may not engage in acts of any kind whatsoever, including viewing, downloading, sending, broadcasting, editing, transmitting, posting, publishing, or any other act, that would be contrary to French law, would infringe French public policy, or would violate the rights of a third party.
As a user, you are prohibited, including without limitation, from:
Any use contrary to the above conditions shall result in deletion of the account, without refund.
This section applies only to clients belonging to an organization, including companies, associations, public organizations, and similar entities.
The client authorizes the Editor to mention, on its own communication media such as its website, brochures, displays, and similar materials, elements capable of identifying the Client, including name, logo, personalized screenshots, and similar items, for reference purposes. In order to preserve the confidentiality of a project, the client may object to such use by a simple and explicit request, and the Editor agrees to comply with that request.
As part of the fight against illegal content, and in particular child pornography, the Editor may freely access content hosted on the Services and the Site. As soon as the Editor becomes aware that illegal content is hosted on its Services, the Editor shall promptly have it removed without notifying the author or the person responsible for making such illegal content available or accessible. If it appears that the user’s account has been compromised, the user shall be notified of the removal of the content, the account password shall be changed, and the new credentials shall be provided once the user has resumed contact with the Editor. If it appears that the account contains other illegal content in addition to the content that was reported, the account shall be terminated for breach of these Terms of Use without notification to the user. In such a case, depending on the seriousness of the facts, the Editor may inform or assist the competent public authorities in relation to the illegal activities identified.
Upon receipt of an abuse report concerning content that does not appear to be manifestly illegal, the Editor shall invite the complainant to refer the matter to the competent authorities and may, where appropriate, transmit the complaint to the user of the Site and the Services who is the author of the content, inviting them to verify that the content complies with these Terms of Use. The Editor may remove content that is not manifestly illegal only upon decision of a judicial authority or where such content is manifestly illegal.
For the avoidance of doubt, the law imposes no general obligation on the Editor to monitor content. The Editor is under no obligation to remove content that does not appear to be manifestly illegal.
If you become aware of illegal content on third-party websites unrelated to the Editor, you may report such content to the following authorities: Europol (in Europe), Internet Crime Complaint Center (in the US), Pharos (in France), Point de contact (in France).
The user is fully responsible for the photographs and other content that they publish on the Site and the Services.
The Services do not fall within the editorial activity of the Editor, who merely makes the Services available to users and hosts their content on the Site. Accordingly, the content published cannot be regarded as reflecting the views of the Editor and remains the sole responsibility of its author.
The Editor’s liability with respect to the provision of the Services is that of a technical service provider as defined in Article 6.I-1 of the French Law on Confidence in the Digital Economy of June 21, 2004.
In particular, the Editor shall not be held liable for any indirect, incidental or consequential damages, whether foreseeable or unforeseeable, caused to the user. By way of example, and without this list being exhaustive, this includes loss of earnings or profit, loss of data, loss of equipment, and the cost of repairing such losses, resulting from the use of, or inability to use, the Services of the Site.
In no event shall the existence of a hyperlink from a third-party website to the Site imply any cooperation between the Editor and such third-party website. The Editor exercises no control over third-party websites and therefore assumes no liability whatsoever for the content, products, services, information, materials or software of third-party websites containing a hyperlink to the Site.
The Editor performs its contractual obligations with all due care customary in its profession, under a general best-efforts obligation. As this is an IT service provided via the Internet, the user is informed that, in the current state of technology, the proper functioning of the Services offered by the Editor depends on factors that are not entirely under its control.
The Editor provides no express or implied warranty whatsoever, including, without limitation, any warranties relating to the quality of the Services, their compatibility with any hardware, or their suitability for a specific purpose. The Editor does not warrant that (i) the Services will perfectly meet users’ expectations, (ii) access to the Site and the Services will be uninterrupted, or (iii) the results that may be obtained by using the Services will be accurate and reliable.
Any user may terminate their account on the Site at any time. To do so, the user must contact support using the email address with which they registered and specify the relevant gallery if they have several galleries. Beyond the legal withdrawal period in force, any cancellation request does not entitle the user to a full or partial refund.
At the end of the trial or subscription period, the account is suspended for a period of ninety (90) days. During this period, the account remains accessible for reactivation if the user chooses to subscribe again. At the end of the suspension period, the account is deleted from the main server hosting it, making it inaccessible to the user. However, a copy is retained on a backup server.
If the account has never been subscribed (for example, in the case of a trial period only), it will be removed from the backup server within a short period (approximately thirty (30) days). If the account has been subscribed, it will be retained on a backup server for a longer period for potential restoration. The retention period depends on the available space on the backup server.
If the user wishes to have their data permanently deleted before the end of this period, they must submit an explicit request to support.
Before terminating their account, the user must ensure that all their content has been backed up on a medium external to the Site and the Services.
In the event of a breach of essential obligations arising from these Terms of Use, and in particular those relating to identification requirements or legal obligations, the Editor shall be entitled, without prior notice and with immediate effect, to terminate the user’s account. This termination shall result in the immediate cessation of access to all Services, whether free or paid, without compensation.
In the event of a breach of any other obligations under these Terms of Use, the Editor may send a notification email requesting the user to remedy the breach. If the breach is not remedied within a period of eight (8) calendar days, or if a new breach is identified, the Editor may immediately suspend or terminate the account, without compensation for any Services associated with the account.
Users may download the Piwigo software free of charge from piwigo.org and install it on infrastructure of their choice.
In this context, the user is solely responsible for:
PigoLabs does not act as a hosting provider for such installations.
PigoLabs offers support and technical assistance services for self-hosted installations through subscription to dedicated support plans.
These services exclusively cover the standard operation of the Piwigo software, and may include:
The scope, service levels and response times are described on the relevant pages of the Site.
Unless explicitly stated otherwise, support services do not include:
Any request outside the scope of support may be subject to additional charges.
If the Piwigo installation has been modified or includes custom developments, PigoLabs reserves the right to:
PigoLabs cannot guarantee proper operation of the software in modified or non-standard environments.
PigoLabs may offer, in addition to support services, managed services including, without limitation, installation, maintenance and server updates.
These services are provided under a separate commercial agreement or dedicated service offering. They are not included in standard support plans and may, in some cases, require an active support plan.
For self-hosted installations, PigoLabs is bound by a best-efforts obligation.
PigoLabs shall not be liable for:
The Editor undertakes to allow the customer, at any time during the term of their subscription, to perform an autonomous export of their data, free of charge and as frequently as desired.
This autonomous export can be performed directly from the customer’s account in the form of downloadable archive files (.zip). It includes all files uploaded to the customer’s account, organized by year, month and upload date, as well as additional files enabling migration of the account to another Piwigo server.
In addition, an assisted export may be carried out by the Editor at any time during the term of the Agreement, limited to once per year. This export will be performed at no additional cost. The data may be delivered in the form of a structured folder tree via a file transfer system.
In the event of termination or non-renewal of the subscription, the Editor undertakes to retain the customer’s data for a minimum period of ninety (90) days following the end of the subscription. During this period, the customer continues to have access to both autonomous and assisted export options.
The Editor reserves the right to refuse to carry out a data export if the customer has violated any of the rules set out in these Terms of Use.
These terms and conditions were translated from the French version.