TERMS OF SERVICE

These General Terms of Service (hereinafter the “GTS” or the “Agreement”) govern access to and use of the services offered by the association “Provenance4Trust” (hereinafter the “Services”). They notably define the rights you hold in relation to the images and other elements that you process or generate through the Services (hereinafter the “Content”), as well as your obligations as a user.
The Agreement is entered into between the association “Provenance4Trust” and any natural or legal person using the Services (hereinafter the “Client”, “You” or “Your”). It comes into force on the date on which the Client accepts these GTS and continues to use the Services or to receive or distribute Content (the “Effective Date”).
The association “Provenance4Trust” reserves the right to amend these GTS at any time. Any amendment shall take effect upon being posted online and shall apply to any subsequent use of the Services. The Client is invited to regularly consult the dedicated section of the website https://www.provenance4trust.org/ in order to review the version in force. In the event of disagreement with the amended GTS, the Client must immediately cease all use of the Services.
The privacy policy, available at: https://www.provenance4trust.org/PrivacyPolicy.html, sets out the terms and conditions for the processing of users’ personal data.

The association “Provenance4Trust” uses reasonable efforts to ensure the proper functioning and accessibility of the Services, subject to technical contingencies and maintenance operations. The association “Provenance4Trust” may develop, modify or suspend all or part of the Services, in particular with regard to watermarks, Content generation algorithms or the functionalities offered.
No guarantee of results or performance is provided to the Client. In particular, the association “Provenance4Trust” provides no guarantee as to the quality, stability, availability, continuity or reliability of the Services and the Content. The Client undertakes not to rely on any specific characteristics of the Services or the Content and, in this respect, waives any claim.
The Services and the Content are provided “as is”, without any warranty of any kind, whether express or implied, including, without limitation, warranties of conformity, satisfactory quality, fitness for a particular purpose, availability or non-infringement. The Client remains solely responsible for the use made of the Services and the Content and assumes all risks associated therewith.
The association “Provenance4Trust” reserves the right, at any time and without prior notice, to restrict, suspend or remove any content that contravenes these GTS, as well as to suspend or close the Client’s account, in particular in the event of a breach of the GTS or abusive or fraudulent use of the Services.

Access to the Services is reserved for users holding a personal account. An account is strictly personal and may not be shared. Each user may open only one account. The Client undertakes to keep its login credentials confidential and not to disclose them to third parties.
The Client is prohibited from:
• using the Services for the purpose of developing, operating or offering competing products or services;
• attempting to disrupt, alter, disable or damage the Services or the Content, or to compromise their security;
• uploading or distributing any malicious program or code (virus, malware, etc.) likely to harm the Services or the systems of the association “Provenance4Trust” or third parties;
• engaging in reverse engineering, decompilation or any attempt to access the source code or technical components of the Services or the Content;
• copying, modifying, hosting, distributing, sublicensing, renting or reselling access to the Services or the Content, in any form whatsoever;
• using automated means (robots, scripts, etc.) to access the Services, interact with them, generate Content or circumvent technical limitations, security measures or usage restrictions implemented.
Any creation of multiple accounts, fictitious accounts or accounts intended to circumvent a suspension or closure is strictly prohibited.
The Client undertakes to use the Services in strict compliance with French law and, where applicable, with the relevant European regulations, in particular those relating to intellectual property, personal data, fair competition and respect for third-party rights.

In the context of the use of the Services, the association “Provenance4Trust” may collect personal data relating to the Client (notably email address, username, billing data, uploaded images). Such processing is carried out in accordance with applicable regulations, in particular Regulation (EU) 2016/679 (GDPR) and amended Law No. 78-17 of 6 January 1978.
The purposes, legal bases of the processing, retention periods, as well as the rights available to data subjects (right of access, rectification, erasure, objection, restriction, portability, etc.) are specified in the privacy policy of the association “Provenance for Trust”, available at https://www.provenance4trust.org/PrivacyPolicy.html

Subject to third-party rights and mandatory provisions of applicable law, the Client remains the holder of the intellectual property rights in the Content it creates using the Services. It is the Client’s responsibility to ensure that the Content it generates, exploits or distributes via the Services does not infringe third-party rights (copyright, related rights, trademarks, designs, patents, image rights, right to privacy, etc.).
Where the Client applies a watermark to images belonging to third parties, such images shall in all cases remain the property of their authors or rights holders. The Client acknowledges that use of the Services does not entail any automatic transfer of intellectual property rights for the benefit of the Client or the association “Provenance4Trust” beyond the rights strictly necessary for the performance of the Services.
The Client undertakes to indemnify the association “Provenance4Trust” against any harmful consequences (claims, actions, judgments, costs, etc.) resulting from an infringement of intellectual property rights or any other third-party rights arising from the Client’s use of the Services or the Content.

The association “Provenance4Trust” may implement rate-limiting mechanisms, in particular for technical or security reasons, or in order to maintain a reasonable quality of service for all users. The Client acknowledges that such limitations may temporarily or permanently restrict certain uses of the Services without giving rise to any compensation.

The Client may at any time request the closure of its account, which shall result in the permanent deletion of the associated Content, with no possibility of recovery. It is the Client’s responsibility to back up, in advance, any Content it wishes to retain.
In the event of non-compliance with these GTS, fraudulent or abusive use of the Services, or, more generally, any breach of applicable law, the association “Provenance4Trust” reserves the right to suspend or terminate the Client’s account as of right and without prior notice, without prejudice to any liability action or additional measures.

The Client uses the Services under its sole responsibility. It is the Client’s responsibility to take all appropriate measures to protect its own data and/or software from contamination by any viruses circulating on the Internet.
Within the limits permitted by French law, the association “Provenance4Trust” shall not be held liable, under any circumstances, for indirect, intangible or incidental damages, nor for any loss of profit, turnover, contracts, data or customers resulting from the use or inability to use the Services or the Content.
In any event, and subject to mandatory public policy provisions, the liability of the association “Provenance4Trust”, if incurred towards the Client, shall be limited to the total amount of sums actually received by the association “Provenance4Trust” in respect of the Services provided to the Client during the twelve (12) months preceding the event giving rise to liability.

The association “Provenance4Trust” shall not be held liable in the event of non-performance or improper performance of its obligations due to a force majeure event within the meaning of Article 1218 of the French Civil Code, including, in particular, natural disasters, fires, floods, acts of terrorism, riots, war, network or telecommunications failures beyond its control.
If any provision of these GTS is declared null, illegal or unenforceable, in whole or in part, by a competent court, the remaining provisions shall remain in force and retain their full effect.

Subject to any mandatory public policy rules, these GTS are governed by French law. Failing an amicable settlement, any dispute relating to the validity, interpretation, performance or termination of the GTS shall be brought before the courts having material and territorial jurisdiction within the jurisdiction of the Court of Appeal of the defendant’s domicile or, at the claimant’s option, the place where the harmful event occurred, in accordance with the rules of French civil procedure.