Terms of Use

1. Purpose

These Terms of Use (in French: Conditions Générales d'Utilisation, "CGU") govern the use of the Tronche! application (hereinafter "the Application"), a digital photobooth service for events. By creating an account, you fully and unreservedly accept these Terms of Use.

2. Description of the service

Tronche! is an application that allows users to:

• Create and manage photo events (weddings, birthdays, etc.)
• Capture and store photos via a digital photobooth
• Share public photo galleries accessible through a unique link
• Send photos by email to participants

3. User responsibilities

The user undertakes to:

• Provide accurate information when registering
• Keep their login credentials confidential
• Use the Application in accordance with applicable French and European law
• Not upload unlawful or offensive content, or content infringing the rights of third parties
• Obtain the consent of the persons photographed in accordance with the GDPR / RGPD
• Inform participants about the gallery and the use of their photos

4. Ownership of photos and responsibility of the organiser

The user remains the owner of the photos they upload to the Application. By uploading photos, the user grants Tronche! a limited, non-exclusive and non-transferable licence to store and display those photos as part of the service.

The organiser of an event (the account holder who created the event) is solely responsible, within the meaning of the GDPR / RGPD, for the processing of the photos collected through their gallery. As such, they warrant that they have:

• obtained the informed consent of each person photographed (or of their legal representative for minors) before the photo is taken and added to the gallery;
• informed the participants of the purpose of the collection, the retention period and their GDPR rights (access, rectification, erasure, objection);
• responded directly to any request from the data subjects and, in the event of an erasure request, forwarded it to Tronche! without delay through the dedicated form.

Tronche! acts as a processor and undertakes to carry out erasure requests received from the organiser or, failing that, from the data subjects within 30 days.

The creation of an event constitutes explicit and renewed acceptance of these responsibilities. The version of the Terms of Use accepted is time-stamped and retained as proof.

5. Deletion of photos

Deleting a photo immediately hides it from the gallery. To allow a possible restoration in case of error, the photo is technically retained for 7 days before its definitive erasure. Details: see the Privacy Policy.

6. Content moderation

Tronche! reserves the right to remove, without prior notice, any content that is manifestly unlawful or contrary to these Terms of Use. In the event of serious or repeated abuse, the user's account may be suspended or deleted.

7. Service availability

Tronche! strives to keep the Application available 24/7, but cannot guarantee uninterrupted availability. Maintenance may be carried out with or without prior notice.

8. Limitation of liability

Tronche! cannot be held liable for:

• Data loss resulting from an interruption of the service
• Indirect damage related to the use of, or inability to use, the Application
• Content uploaded by users
• The actions of third parties accessing public galleries

Except in cases of gross negligence (faute lourde), wilful misconduct (faute dolosive), or breach of an essential obligation of the contract, Tronche!'s liability is limited to the amount actually paid by the user over the last 12 months.

9. Gallery expiry

The gallery retention period depends on the plan subscribed to:

• Free: 30 days from the creation of the event
• Premium: 90 days (extendable by additional 90-day extensions)

Upon expiry, the photos are permanently deleted. Users are advised to download their photos before expiry.

10. Termination

The user may delete their account at any time from the Application settings. A period of 30 days is observed between the request and the definitive erasure of the data, in order to allow the request to be easily cancelled in case of error (by logging back into the account during this period). After this period, all data is irreversibly deleted.

This period does not constitute a right of withdrawal within the meaning of the French Consumer Code (Code de la consommation), but a technical policy of deferred deletion.

11. Applicable law

These Terms of Use are governed by French law. Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the French courts.

12. Contact

For any question relating to these Terms of Use: [email protected]