Terms of Service

Terms of Service

Last updated: January 2025

1. Introduction

Welcome to graindevue.com ("Platform," "Service," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our professional photography platform that connects clients with professional photographers.

By accessing or using our Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Service Provider: graindevue.com is operated by a company registered in France.

• Email: tony@graindevue.com
• Website: https://graindevue.com

2. Definitions

• "Client" means any individual or entity using the Platform to book photography services
• "Photographer" means any professional photographer offering services through the Platform
• "User" means any individual using the Platform, including both Clients and Photographers
• "Booking" means a confirmed arrangement for photography services between a Client and Photographer
• "Contract" means the legally binding agreement generated through our Platform
• "Package" means a photographer's predefined service offering with fixed pricing
• "Subscription" means the monthly payment plan for Photographers to access Platform features

3. Platform Overview

graindevue.com is a specialized platform that:

• Connects clients with professional photographers
• Facilitates booking, contract generation, payment processing, and project management
• Provides secure two-phase payment processing (deposit + balance)
• Offers subscription-based access for photographers

4. User Accounts and Registration

4.1 Account Creation

• You must create an account to use our Platform
• You must provide accurate, current, and complete information
• You are responsible for maintaining the security of your account credentials
• You must be at least 18 years old to create an account

4.2 Account Types

• Client Accounts: For individuals seeking photography services
• Photographer Accounts: For professional photographers offering services (requires subscription)

4.3 Account Verification

• Photographers must complete profile verification before accepting bookings
• We reserve the right to verify any user's identity and credentials
• False or misleading information may result in account suspension

5. Photographer Subscriptions

5.1 Subscription Plan

• Monthly Plan: €29/month for full Platform access

5.2 Subscription Features

• Unlimited bookings and profile access
• Contract generation and payment processing
• Project management tools
• Priority customer support

5.3 Subscription Terms

• Subscriptions automatically renew unless cancelled
• You may cancel your subscription at any time
• Cancellation takes effect immediately
• No refunds for partial months
• Non-paying accounts become invisible to clients but retain data

6. Booking and Contract Process

6.1 Package Selection

• Photographers create fixed-price packages with essential details
• Packages include session type, duration, minimum shots, and price
• Technical specifications are discussed during the booking process

6.2 Booking Process

1. Client selects a package and preferred dates
2. Photographer confirms availability and discusses specifications
3. System generates a detailed contract
4. Both parties digitally sign the contract
5. Client pays deposit to confirm the booking
6. Session proceeds according to contract terms
7. Client pays balance according to photographer's configured terms

6.3 Contract Terms

• Contracts are legally binding once signed by both parties
• Contracts include package details, timeline, pricing, and policies
• Both parties must fulfill their contractual obligations
• Modifications require mutual agreement

7. Two-Phase Payment System

7.1 Payment Structure

• Two-phase payment: Deposit (25-100%) + Balance configured by photographer
• Multiple payment methods: Card via Stripe, cash, check, or bank transfer
• Configurable terms: Photographer sets percentages, due dates, and accepted methods

7.2 Payment Processing

• Card payments: Processed immediately via Stripe with instant transfers to photographer via Stripe Connect
• Manual payments: Client declares payment, photographer confirms receipt
• 100% deposit option: Full upfront payment available if configured by photographer

7.3 Legal Compliance

• French law compliance: balance must be due within 60 days of session date
• Photographers receive full payment minus standard Stripe processing fees (2.9% + 30¢) for card payments only
• No platform commission under subscription-based model

7.4 Refund Policy

Refunds follow a time-based policy, calculated from the session date:

• 60+ days before session: 100% refund
• 30-59 days before session: 50% refund
• 14-29 days before session: 25% refund
• 0-13 days before session: No refund

Force majeure policy: Allows full reschedule or full refund for events beyond client control (illness, natural disasters, etc.), subject to documentation and photographer discretion.

8. Service Delivery and Quality Standards

8.1 Delivery Timelines

Photographers are responsible for establishing and communicating their own delivery timelines. These timelines should be clearly specified in their packages and contracts. Typical timelines vary based on the type of photography, workload, and post-processing requirements. Photographers may define specific timelines for different types of deliverables in their contracts.

8.2 Quality Standards

• Photographers define their own quality standards in their packages
• Deliverables must match the specifications agreed upon in the contract
• Clients may request corrections if deliverables clearly do not match contract terms

8.3 Delivery Methods

• Cloud gallery: Online viewing and download options
• Physical delivery: Optional shipping of prints or other materials as per contract

9. User Conduct and Responsibilities

9.1 General Conduct

• Use the Platform only for lawful purposes
• Respect other users' rights and privacy
• Provide accurate and truthful information
• Maintain professional behavior and communication

9.2 Photographer Responsibilities

• Deliver services according to contract specifications
• Maintain professional standards and adequate equipment
• Communicate clearly and promptly with clients
• Honor agreed-upon timelines and commitments

9.3 Client Responsibilities

• Provide accurate requirements and preferences
• Respect photographer's time and expertise
• Pay agreed-upon amounts promptly
• Provide timely feedback and confirmation

10. Intellectual Property Rights

10.1 Platform Content

• Platform content is owned by graindevue.com
• Users retain rights to their portfolio images and content
• You grant us license to display your content on the Platform

10.2 Photography Rights

• Image rights are determined by individual contracts
• Default rights vary by package type
• Commercial usage rights must be explicitly agreed upon

11. Privacy and Data Protection

For complete details about how we collect, use, and protect your personal data, please refer to our Privacy Policy available at https://graindevue.com/en/privacy.

11.1 Data Collection

We collect information necessary for Platform operation, including:

• Account and profile information
• Booking and payment details
• Communication records
• Usage analytics

11.2 Data Usage

• Data is used to provide and improve Platform services
• We do not sell personal information to third parties
• Data sharing is limited to service providers and legal requirements

11.3 Data Security

• We implement industry-standard security measures
• Payment information is processed securely through Stripe (we do not store your full card details or bank account information)
• Regular security audits and updates are performed
• Our infrastructure is SOC 2 Type II certified

11.4 International Data Transfers

Important: Your personal data is stored and processed primarily within the European Union. For payment processing, some data may be transferred outside the EEA. We ensure adequate protection for such transfers through:

• EU-US Data Privacy Framework: Stripe is certified under the EU-US Data Privacy Framework
• Standard Contractual Clauses (SCCs): We have entered into SCCs with our service providers

Data Storage Locations:

• Account data and bookings: Convex (European Union - Ireland, data remains in EU)
• Gallery photos: Cloudflare R2 (European Union - data remains in EU)
• Payment data: Stripe (Ireland/EU, with potential US transfers under EU-US DPF)

For full details on international transfers and your rights, see our Privacy Policy.

12. Dispute Resolution

In case of disagreement between a client and photographer regarding deliverable quality or contract execution, parties are encouraged to resolve the issue directly via the Platform's messaging system. If no resolution is found, parties may contact Platform support for assistance.

The Platform acts as an intermediary and may provide guidance, but is not responsible for final dispute resolution between clients and photographers. Unresolved disputes may require external legal resolution.

13. Limitation of Liability

13.1 Platform Liability

• We are not liable for photographer services or client actions
• Platform liability is limited to subscription fees paid
• We are not responsible for third-party services or content

13.2 User Liability

• Users are responsible for their own actions and content
• Photographers are liable for service quality and delivery
• Clients are liable for payment and cooperation

14. Termination and Suspension

14.1 Account Termination

• You may terminate your account at any time
• We may terminate accounts for Terms violations
• Termination does not affect existing contracts or payments

14.2 Service Suspension

• We may suspend accounts during investigation
• Suspension may occur for suspected fraud or violations
• Service will be restored upon resolution of issues

15. Platform Changes and Updates

15.1 Service Modifications

• We may modify Platform features and functionality
• Changes will be communicated to users in advance
• Significant changes may require Terms updates

15.2 Terms Updates

• Terms may be updated periodically
• Users will be notified of significant changes
• Continued use constitutes acceptance of updated Terms

16. Service Area

16.1 Availability

• The Platform currently operates with photographers established in France
• Services are available to clients located in France and neighboring countries
• International expansion is planned for future phases

16.2 Compliance

• Users must comply with applicable French laws
• Platform complies with GDPR and French data protection laws
• Disputes are subject to French jurisdiction

17. Contact Information

For questions about these Terms, please contact us:

graindevue.com

• Email: tony@graindevue.com

18. Governing Law

These Terms are governed by French law. Any disputes will be resolved in the competent courts in France.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Entire Agreement

These Terms constitute the entire agreement between you and graindevue.com regarding the Platform and supersede all prior agreements and understandings.

By using graindevue.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: January 2025