These General Terms and Conditions of Sale and Use (hereinafter referred to as "GTCU") apply between the company ProcessLab SAS (hereinafter referred to as "the Company") and any natural or legal person (hereinafter referred to as "the User") who uses the Heritage Pixel website or application (hereinafter referred to as "the Application") to access the services offered.
By using the Application, the User acknowledges having read and accepted without reservation these General Terms and Conditions.
The purpose of the T&Cs is to define the terms and conditions of access and use of the Application by the User as well as the rights and obligations of the parties.
The Application allows the User to process, enhance, restore, colorize, super-resolve and upscale old or damaged photos using algorithms based on artificial intelligence.
Features offered include face restoration, old photo reconstruction, black and white photo colorization, super-resolution and upscaling.
a) Access to the Application: Access to the Application is via a PIN code randomly generated each time the user logs in from a different browser or when the browser history is cleared. The User's email address serves as the primary login ID and method. Since the PIN code is randomly generated each time the User logs in, the User does not need to keep this code. The Company shall not be held liable for any unauthorized access or improper use of the User's email address.
b) Registration: When registering on the Application, the User must provide accurate, up-to-date and complete information. It is the User's responsibility to maintain and regularly update their account information. The User agrees not to create multiple accounts or to impersonate another person.
c) Account Security: The User is responsible for the security of his/her account and all activities carried out under his/her account. In the event of suspicion of unauthorized use of his/her account, the User must immediately inform the Company. The Company shall not be held liable for any fraudulent, abusive or unauthorized use of the User's account.
d) Age Restrictions: The Application is intended for individuals who are at least 18 years old or have reached the legal age of majority in their country of residence. Minors are not permitted to use the Application without the consent and supervision of a parent or legal guardian. By using the Application, the User represents and warrants that he or she is at least 18 years old or has reached the legal age of majority in his or her country of residence.
e) Suspension or termination of the account: The Company reserves the right to suspend, terminate or limit the User's access to the Application in the event of a violation of these T&Cs, illegal, fraudulent, abusive or inappropriate behavior, or for any other reason at the Company's discretion. In the event of suspension or termination of the User's account, the User will no longer have access to the services offered by the Application and may lose unused credits.
f) Account deletion: The User may request the deletion of his account at any time by contacting the Company at the email address mentioned in Article 13 of these T&Cs. Deletion of the account will result in the permanent loss of all associated data and information, including unused credits.
a) Purchase of credits: Use of the Application's features requires the purchase of credits by the User. These credits allow the unlocking of image processing offered by the Application, such as restoration, colorization, super-resolution and upscaling. The number of credits required for each image processing is clearly indicated on the Application. For example, one credit is equal to one photo enhancement.
b) Payment method: The Company uses the Stripe payment service to secure credit card transactions. The User can purchase credits using his/her credit card via Stripe. Stripe is an online payment platform recognized for its reliability and security. By using Stripe, the User benefits from a high level of protection for his/her financial transactions.
c) Transaction Security: The Company does not store the User's credit card information. All transactions are processed and secured by Stripe, in accordance with the strictest security standards. The Company cannot be held responsible for any problems related to transactions made via Stripe.
d) Rates: Credit rates are clearly indicated on the Application and may be changed at any time at the discretion of the Company. Rate changes will not affect credits already purchased by the User.
e) Non-refundable: Purchased credits are not refundable, except in cases provided for by applicable law. In the event of technical problems or malfunctions preventing the User from using the credits, the Company undertakes to find a solution to resolve the problem as soon as possible. If a solution is not found, the Company may, at its discretion, credit the User's account with a number of credits equivalent to those unused due to the technical problem or malfunction.
f) Validity of Credits: Credits purchased by the User have no expiration date and can be used as long as the User's account is active. In the event of termination or deletion of the User's account, unused credits will be forfeited and cannot be transferred to another account.
a) Processing process: The Application uses algorithms based on artificial intelligence to perform various image processing, such as restoration, colorization, super-resolution and upscaling. The User can upload his photos from his smartphone, tablet or computer, and the Application will automatically process the images according to the options chosen by the User.
b) Quality of results: The Application's algorithms are constantly improved and trained on millions of photos to provide high-quality and personalized results for each image. However, the quality of the results obtained may vary depending on the quality of the original photos and the specificities of each image. The Company does not guarantee that the results will systematically meet the User's expectations.
c) Use of credits: The User must use the purchased credits to unlock the image treatments. The number of credits required for each image treatment is clearly indicated on the Application. Once the credits have been used for an image treatment, they cannot be recovered, even if the User is not satisfied with the result obtained.
d) Storage of processed images: After the images have been processed by the AI, the User has the option to delete the images from the Application. If the User chooses not to delete the images, they will be stored on the Company's servers hosted in Europe on Google servers for a period of 12 months in order to allow the User subsequent access. The images are encrypted with a military-grade storage algorithm in order to avoid any risk of hacking.
e) Copyright and Intellectual Property: The User guarantees that he/she holds the copyright or has the necessary authorizations to use the images that he/she uploads to the Application. The User is solely responsible for any violation of copyright or intellectual property rights related to the use of the images on the Application. The Company shall not be held liable in the event of a violation of copyright or intellectual property rights by the User.
f) Respect for privacy and image rights: The User undertakes to respect the privacy and image rights of the people appearing in the photos that he/she uploads to the Application. The User is solely responsible for any violation of privacy or image rights related to the use of images on the Application. The Company cannot be held responsible in the event of a violation of privacy or image rights by the User.
a) Storage of photos: Photos uploaded by the User are stored on servers hosted in Europe by Google. The photos are kept for a period of 12 months from the time they are uploaded, in order to allow the User to access them later. At the end of this period, the photos will be automatically deleted from the servers.
b) Photo Security: The Company undertakes to protect the security of the photos uploaded by the User by implementing appropriate technical and organizational measures. The photos are encrypted with a military-grade storage algorithm to avoid any risk of hacking. The Company ensures that regular backups are maintained and access to the servers is controlled to ensure data security.
c) Deletion of photos: The User has the possibility to delete the photos that he has uploaded to the Application at any time. When the User deletes a photo, the Company undertakes to delete it from its servers within a reasonable time. However, the User acknowledges that the permanent deletion of photos may require some time due to technical constraints and regular backups.
d) Access to photos: Access to photos stored on the servers is strictly limited to authorized personnel of the Company and service providers acting on behalf of the Company, in compliance with applicable confidentiality and security obligations. The Company undertakes not to disclose, share or transfer the photos to third parties without the express prior consent of the User, except in cases provided for by law or these General Terms and Conditions.
a) Limitation of liability: The Company strives to provide high quality results through the use of its algorithms based on artificial intelligence. However, the User acknowledges that the results obtained may vary depending on the quality of the photos provided and the specificities of each image. Consequently, the Company does not guarantee that the results will systematically meet the User's expectations.
The Company shall not be held liable for any errors, omissions, alterations or degradation of the results provided by the Application resulting from the quality of the original photos, technical problems, malfunctions of the Application or any other cause beyond its control.
b) Liability in the event of force majeure: The Company shall not be held liable in the event of non-performance or delay in the performance of its obligations arising from these GTCU, if this failure is due to a force majeure event as defined by French case law. In such circumstances, the Company shall inform the User of the occurrence of the force majeure event and shall implement all reasonable efforts to minimize the consequences of this event.
c) Liability for external links: The Application may contain links to third-party websites or resources. The Company cannot be held responsible for the content, availability or quality of these external sites or resources. The User is solely responsible for his/her use of these links and his/her access to third-party sites or resources.
d) User Responsibility: The User is responsible for his/her use of the Application and the results obtained. The User undertakes not to use the Application for purposes that are illegal or contrary to these T&Cs and to respect the Company's intellectual property rights and the rights of third parties. In the event of a violation of these obligations, the User will be solely responsible for the consequences and will compensate the Company for any damage or loss suffered.
e) Indemnification: The User agrees to indemnify, defend and hold harmless the Company, its directors, employees, agents and representatives in the event of any claim, demand, loss, damage, expense (including attorneys' fees) resulting from the use of the Application or the violation of these T&Cs by the User.
The Application and its contents, including algorithms, are protected by applicable copyright and intellectual property rights. Any reproduction, copying or use without the prior written permission of the Company is strictly prohibited.
The Company attaches great importance to the confidentiality and protection of the User's personal data. In accordance with the regulations in force and its confidentiality policy, the Company undertakes to respect the following principles:
a) Use of photos: The photos uploaded by the User are used exclusively for processing by the Application's algorithms. The Company guarantees that it does not use the photos for other purposes, and in particular that it does not sell, rent or transfer the photos to third parties without the express prior consent of the User.
b) Anonymization of photos: The Company undertakes to process the photos in a completely anonymous manner. No personal data allowing the User to be directly or indirectly identified is associated with the photos during their processing.
c) Data security: The Company implements appropriate technical and organizational measures to ensure the security and confidentiality of the User's personal data, in particular by encrypting photos with a military-grade storage algorithm in order to avoid any risk of hacking.
d) Respect for the User's rights: In accordance with the regulations in force, the User has various rights regarding the protection of personal data, such as the right of access, rectification, opposition, erasure, limitation of processing and portability. The User may exercise these rights by contacting the Company at the email address mentioned in Article 14 of these General Terms and Conditions.
For more information on the collection, processing and protection of the User's personal data, the latter is invited to consult the Company's privacy policy.
The Company reserves the right to modify these T&Cs at any time. The modifications will come into effect as soon as they are published on the website or mobile application. The User is required to regularly consult the T&Cs to be informed of any modifications.
The Company reserves the right to suspend or terminate the User's access to the Application in the event of non-compliance with these T&Cs or for any other legitimate reason.
These General Terms and Conditions are governed by French law. In the event of a dispute between the User and the Company, the parties will endeavour to resolve the dispute amicably. If no amicable solution can be found, the dispute will be subject to the exclusive jurisdiction of the French courts.
For any questions relating to these T&Cs, the User may contact the Company at the following email address: contact@heritagepixel.com.
Revive the past, illuminate the present.
Copyright 2023 - All Right Reserved Process Lab - Heritage Pixel - CGVU - Mentions légales