www.imagify.io is a specialized catalog-based e-commerce website. The website is published and operated by WP MEDIA, a French simplified stock corporation registered in the Lyon Trade and Companies Register under SIRET number 80026064800012, with its registered office at 47 Rue Duquesne, 69006 Lyon, France.

1. Definitions

Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable and these Terms of Service.

Application Programming Interface or API: the programming interface directly accessible on www.imagify.io.

Compression: the operation consisting in converting bit sequence A into a shorter bit sequence B and enabling identical or similar information to be restored using a decompression algorithm.

Compression Ratio: the various degrees of compression of data uploaded on the Website or on IMAGIFY as defined in clause 6 hereof.

Managing System or CMS: a personal semantic publishing platform.

Customer(s): any individual or legal entity wishing to benefit from the right to use IMAGIFY, a plugin created by WP MEDIA.

Customer Account: the personal account created online by the Customer in order to access IMAGIFY.

IMAGIFY: the plugin created by WP MEDIA for which a right of use may be granted via the WordPress Content Managing System WordPress or online on www.imagify.io.

Parties: WP MEDIA and the Customer.

Personal Data: personal data as defined by European regulations and, in particular, in France by the Data Protection Act (“loi informatique et libertés”) of January 6, 1978, as amended, which is entered, disclosed or communicated by the Customer while using the Product.

Plan: one of the paid subscriptions as set out in clause 4 hereof.

Product(s) and Service(s): the Product(s) and Service(s) as presented in the clause entitled “Products and Services” and following clauses hereof.

Technical Requirements: the latest version of the list of hardware and system specifications recommended by IMAGIFY and appropriate for the use of IMAGIFY, which the Customer must implement and maintain in compliance. The Customer shall be responsible for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.

User: “User”, like “Customer”, refers to any individual who uses IMAGIFY, is aged eighteen (18) or over and has legal capacity, whether or not such person has a Member Account.

Website: www.imagify.io

2. Scope of application of the Terms of Service

These Terms of Service set out the technical, legal and financial terms and conditions subject to which WP MEDIA SAS provides its Customers with a plugin to the WORDPRESS Content Management System via its website at www.imagify.io.

3. Acceptance and enforceability of Terms of Service

The Customer represents that it has read, understood and accepted these Terms of Service.

The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.

The Customer is regularly reminded of these Terms of Service at the bottom of each page of each order. They are enforceable against all Customers.

Accordingly, every order placed via Imagify.io entails the Customer’s unconditional acceptance of the Terms of Service.

The Customer is advised to save a copy of and/or print out these Terms of Service. WP MEDIA may also send a copy of these Terms of Service to any person so requesting

WP MEDIA reserves the right to revise these Terms of Service at any time. As far as possible, WP MEDIA shall notify revisions made to the Terms of Service via an announcement on Imagify.io. Notwithstanding, WP MEDIA advises the Customer to consult the Terms of Service regularly and before placing any further order.

Users may download or consult the revised Terms of Service at: https://imagify.io/terms/.

Acceptance of these revised Terms of Service is carried out via the process defined in the clause entitled “Acceptance and enforceability of Terms of Service”.

Use of the Application after the effective date of the revised Terms of Service shall imply acceptance of the revised Terms of Service. The revised Terms of Service shall come into force as of their publication, unless it is specified that their effectiveness is deferred until a later date

The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.

Unless otherwise stated, the revised Terms of Service shall cancel and supersede all interactions occurring between the Parties prior to the order.

Exceptions to these Terms of Service shall only be enforceable against WP MEDIA if they have been duly agreed and recorded in a written document signed by WP MEDIA

4. Creating a Customer Account

4.1. Creating a primary account

Access to IMAGIFY is conditional on the creation of a Customer Account.

A Customer Account may be created at any time. The User must register and enter a valid email address and password.

After becoming a Customer, the User will receive an email confirming the creation of the Customer Account with the email address provided.

Customers may log in to their Customer Account securely at any time by entering the correct email address and password.

Customer Accounts and the corresponding login details are strictly personal and confidential.

If a Customer loses or forgets their password, the Customer may recover it by entering their account email address in the text box reserved for that purpose in the Application.

In the event of suspected or identified fraudulent use of their password, the Customer may disconnect its Customer Account and create a new one using a new password.

The Customer acknowledges that any login or data transfer carried out using the login details of its Member Account shall be deemed to have been carried out by the Customer.

4.2. Creating a user sub-account

Members may create user sub-accounts in order to allocate specific portions of the total quota assigned under the Customer’s Monthly Plan or One Time Plan to different websites.

5. User representation

The Customer represents that the information the Customer has entered corresponds to the Customer’s personal situation and does not alter the Customer’s identity in any way. The Customer warrants that this information is and will remain accurate and up to date.

Any change to the information provided by the User shall give rise to an update, which shall take effect on the first business day following said update.

6. Products and Services

6.1. Product and Service Factsheets

The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website, in accordance with Article L111-1 of the French Consumer Code.

6.2. Specific features of the Products and Services

6.2.1. Free use subject to conditions

Use of IMAGIFY is free up to 25MB of compression per month.

6.2.2. Paid plans

Monthly Plans
WP MEDIA offers a range of Monthly Plans offering different compression quotas in exchange for a monthly payment as set out on imagify.io.

One Time Plans
WP MEDIA also offers one-off payment plans offering three different compression quotas:

  • One Time Plan 500MB;
  • One Time Plan 1GB;
  • One Time Plan 3GB;

The data compression quota assigned following subscription to a One Time Plan may be used without restriction once payment has been made.

7. Exceeding of assigned quota

7.1. Free offer

When using IMAGIFY with a free account, when the Customer reaches the monthly 25MB data quota, new images cannot be optimized until said quota is renewed or additional compression credit is purchased.

7.2. Paid plans

Under a monthly or yearly pay plan, the Customer will be charged for excess data compression over and above their quota according to the pricing of their Subscription.

8. Compression Ratio

Prior to data compression, the Customer may select the required Compression Ratio.

“Normal” or lossless Compression Ratio means that there is no definitive degradation of the technical properties and characteristics of the data transmitted. Decompression allows the original data to be perfectly reconstructed.

The “Aggressive” and “Ultra” lossy Compression Ratios entail definitive degradation of the technical properties and characteristics of the data transmitted. These Compression Ratios permanently eliminate certain technical characteristics.

9. Rights to data uploaded

The uploading of images and PDF files on IMAGIFY by the Customer does not entail transfer of the intellectual property rights in the said images or PDF files.

10. Changing Plan

The Customer may change Plan at any time.

The Customer may terminate a Monthly Plan at any time.

If a Customer switches from a paid plan to a free account, Customer Account data stored on the WP MEDIA server will be deleted.

11. Ordering

11.1. Creating a Customer Account requires a login and password

To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.

The Customer can then log in to their Customer Account using their login and password.

The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, WP MEDIA shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.

11.2. Placing an order

To place an order, the Customer must follow the steps described below:

  1. Go to the Website;
  2. Follow the instructions on the Website and connect with a login and password if already registered;
  3. Select the required Product;
  4. Check the order summary and correct any errors;
  5. Enter the promotional code, if any;
  6. Select the required payment method;
  7. Accept these Terms of Service;
  8. Confirm the order and the total price excluding VAT;
  9. Complete the payment procedure.

Or the following steps:

  1. Log onto the WORDPRESS CMS;
  2. Find the IMAGIFY plugin in the WORDPRESS scroll-down menu;
  3. Download IMAGIFY onto your device using the SAAS (software as a service) option;
  4. Create a Customer Account or log on via an existing Customer Account;
  5. Select the required Product;
  6. Check the order summary and correct any errors;
  7. Enter the promotional code, if any;
  8. Select the required means of payment;
  9. Accept these Terms of Service;
  10. Confirm the order and the total price excluding VAT;
  11. Complete the payment procedure.

WP MEDIA reserves the right to cancel the order in the event of error or omission in entering the required fields.

11.3. Order confirmation

A confirmation message will then appear on the Website.

12. Delivery

Delivery of the license is complete once WP MEDIA has transferred the API activation key to the Customer. This API key is found on the “API” page of the Website and may appear once the Customer has logged on.

13. Receipt of Products – Non-receipt – Complaints

13.1. Receipt of Products

Receipt of the Products is complete once the API activation key has been uploaded onto the Website by WP MEDIA.

13.2. Non-receipt

If the Customer fails to receive the API key, WP MEDIA will cancel the code that has been transferred. A new API key will be generated and displayed via the Website API page. The code will only be shown when the Customer is logged in.

13.3. Complaints

If the API key fails to appear on the Website after the required checks have been performed, the Customer is advised to send their comments by email to: contact@imagify.io.

Customer’s cooperation and obligations

The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by WP MEDIA for the use of IMAGIFY.

The Customer shall provide all items and information necessary or useful for the purpose of making improvements to IMAGIFY, in particular by submitting a support ticket whenever a malfunction is identified on IMAGIFY.

14. WP MEDIA’s obligations

WP MEDIA is only subject to a best efforts obligation.

WP MEDIA agrees to use its best efforts to ensure the proper functioning of IMAGIFY.

WP MEDIA agrees to exercise all due care and diligence necessary in order to provide a quality computer data compression service in accordance with industry practice and the current state of science and technology.

WP MEDIA agrees to employ all means to ensure the ongoing availability, continuity and quality of the data compression services provided for by the Agreement.

The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the compression service offered by IMAGIFY, beyond WP MEDIA’s control.

15. Price and payment

15.1. Price

15.1.1. Princing

The prices and technical specifications of the Products offered by WP MEDIA may be viewed at www.imagify.io.

Prices are shown in USD and don’t include VAT.

The pricing communicated to the Customer is the pricing in force as of the date of payment of a subscription fee.

WP MEDIA reserves the right to revise its pricing at any time.

15.1.2. Promotional code

The Customer may use a promotional code to be entered when the order is placed. NB: only one promotional code is allowed per order.

15.2. Payment

15.2.1. Monthly Plan payable in 12 monthly installments

By placing an order, a Customer that has subscribed to a Monthly Plan payable in 12 installments agrees to authorize WP MEDIA to debit the price monthly from the Customer’s account using the bank details provided.

Customers may pay by PayPal, a payment system that uses the Secure Socket Layer protocol, or by credit/debit card. The payment is generated by STRIPE.

Pursuant to Article L132-2 of the French Monetary and Financial Code, a payment undertaking given by means of a payment card is irrevocable. By providing information on their credit/debit card, the Customer authorizes WP MEDIA to debit the card for the amount corresponding to the Price.

For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number, expiry date and, if required, the card security code (CSC).

Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into WP MEDIA’s account until the Product activation key has been delivered by WP MEDIA.

The Customer agrees to receive only digital invoices.

15.2.2. Monthly Plan payable in a single installment and One Time Plan

If the Customer selects payment in a single installment, the full price must be paid at time of order.

Customers may pay by PayPal, a system payment system that uses the Secure Socket Layer protocol, or by credit/debit card.

Pursuant to Article L132-2 of the French Monetary and Financial Code, a payment undertaking given by means of a payment card is irrevocable. By providing information on its credit/debit card, the Customer authorizes WP MEDIA to debit its card for the amount corresponding to the Price.

For this purpose, the Customer confirms that it is the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number, expiry date and, if required, the card security code (CSC).

Payment, whether online or on delivery, will not be debited from the Customer’s account or paid into WP MEDIA’s account until the Product activation key has been delivered by WP MEDIA.

The Customer agrees to receive only digital invoices.

15.2.3. Paying for data compression in excess of Plan quota

A Monthly Plan Customer who exceeds the data compression quota chosen at time of order will be billed for each additional GB transmitted for compression via their Customer Account.

15.3. Billing

The Customer agrees to receive only digital invoices.

Monthly Plan Customers are billed monthly or yearly in advance.

One Time Plan Customers are billed at time of order.

16. Cancellation

Customers that have stated their intention of downloading the Product before expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.

In this case, the following message appears before the Customer starts downloading:

“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order."

17. Termination

If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.

Customers who have subscribed to a Monthly Plan may terminate their subscription at any time by sending an email to contact@imagify.io.

18. Refund

If a Customer terminates a Monthly Plan payable in 12 monthly installments, their standing order will be canceled.

If a Customer terminates a Monthly Plan payable in a single installment for a 12-month subscription, the Customer shall not be entitled to a refund of the amount already debited.

If a Customer terminates a One Time Plan payable in a single installment, the Customer shall not be entitled to a refund of the subscription fee. Customers may not claim a refund on any unused portion of their data compression quota.

19. Warranty - Warranty disclaimer

Where the Customer is a consumer, he or she shall benefit from the statutory warranty regarding latent defects provided for by Articles 1641 et seq. of the French Civil Code.

Pursuant to Article L217-5 of the French Consumer Code, the provisions of Articles 1641 and 1648 of the French Civil Code are set out below:

19.1. Claims under the warranty

The warranty provided by WP MEDIA is limited to refunding non-conforming Products or Products containing a latent defect.

In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.

19.2. Warranty disclaimer

The Customer is solely liable for the choice, storage and use of the Products.

No claim may be made under the warranty in the event of misuse.

20. Liability

WP MEDIA assumes an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the obligation provided for herein.

WP MEDIA shall not be held liable for repairing damage arising from the use of Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Agreement.

WP MEDIA shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of WP MEDIA.

WP MEDIA shall not be held liable for malfunctions identified by the Customer during the use of IMAGIFY, if the Customer has not executed the updates recommended by WP MEDIA.

In any event, WP MEDIA’s liability shall be limited to payment of damages not exceeding the amount paid by the Customer when placing the order.

21. Reversibility and storage of images by WP MEDIA

In the event of a malfunction in the compression of an image, the Customer has a reversibility right allowing him or her to recover the original image if he is using the WordPress plugin and has enabled the Backup option.

21.1. Image compression under the free offer

Images uploaded and compressed on the API or IMAGIFY will be stored for one (1) hour on WP MEDIA servers.

Images uploaded and compressed directly online will be stored for twenty-four (24) hours on WP MEDIA servers.

21.2. Image compression under a paid plan

Images uploaded and compressed on the API will be stored for one (1) hour on WP MEDIA servers.

Images uploaded and compressed directly online will be stored on WP MEDIA servers throughout the duration of the paid plan subscription.

22. Force majeure

Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.

Besides the instances of force majeure and unforeseeable circumstances generally recognized by the French courts, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.

Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.

If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these Terms of Service shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.

In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.

23. Severability

If any provision of the Terms of Service is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said Terms of Service and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.

In such event, the Parties may agree to replace or amend the invalid provision(s).

24. Probative documents

The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.

The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in WP MEDIA’s computer systems.

25. Personal Data

Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified, as defined by the French Data Protection Act of January 6, 1978, as amended.

The Personal Data that the Customer is required to provide will be processed in accordance with the French Data Protection Act of January 6, 1978, as amended, and will be stored for three years after the end of the commercial relationship.

A declaration has been made to the French Data Protection Authority (CNIL) regarding the processing of the Personal Data collected via the Website.

Personal Data collected via the Website is hosted by OVH, 2 Rue Kellermann, 59100 Roubaix, France.

25.1. Purpose of processing

The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:

  • Access to Products;
  • Preparation of invoices;
  • Circulation of newsletter, if applicable;
  • Compilation of statistics on the use of the Website;
  • Improvement of marketing and promotion initiatives, as well as Website content and offers;
  • Receipt of customized offers.

25.2. Recipients of Personal Data

WP MEDIA agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.

25.3. Personal Data provided to government agencies and bodies

Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.

25.4. Personal Data provided to third parties

WP MEDIA agrees not to sell or transfer Personal Data that has been collected to third parties, except as provided for by Article 26.3 hereof.

WP MEDIA agrees to use Personal Data solely for the purposes of the commercial development of its own offers.

25.5. Retention period

Users’ Personal Data shall be stored for the duration of the use of IMAGIFY or, otherwise, until the User Account is closed.

However, Personal Data may be kept in the archives after the end of the prescribed periods for the purposes of investigating, identifying and prosecuting criminal offenses for the sole purpose of providing such Personal Data to the courts, as required. Archiving entails that Personal Data will be made anonymous and may no longer be viewed online, but will be extracted and stored on a separate, secure medium.

25.6. Customer’s right to oppose, correct and delete Personal Data

Pursuant to the French Data Protection Act of January 6, 1978, as amended, Customers have the right to access, challenge, modify, correct and delete their Personal Data.

Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.

This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.

Customers may exercise their rights by sending an email directly to WP MEDIA via the contact page at https://imagify.io/contact.

26. Content uploaded by the Customer

The Customer or User is solely liable for the images uploaded on IMAGIFY.

WP MEDIA shall on no account be held liable for any images uploaded by the User or Customer.

In this respect, the Customer specifically agrees not to upload content:

  • that is contrary to public order and morality;
  • that is defamatory, insulting, racist, xenophobic, revisionist or harmful to another person’s dignity or reputation;
  • that constitutes an incitement to hatred or violence against a person or group of persons due to their origin or membership or non-membership of a given ethnic group, nation, race or religion;
  • of a pedophilic nature;
  • that constitutes an incitement to commit a crime, offense or terrorist act or that attempts to justify war crimes or crimes against humanity;
  • that constitutes an incitement to suicide.

Likewise, the User agrees to respect the rights of others, including:

  • personality rights (in particular image and privacy rights);
  • intellectual property rights;
  • personal and property rights.

The Customer also agrees only to enter lawful information and content in their User Account.

Furthermore, the Customer is not entitled to modify IMAGIFY or to modify another website in order to create a false impression that it is associated with IMAGIFY. Users shall also refrain from altering the functioning of IMAGIFY, including by transmitting worms, viruses, spyware, malware or any other code that is disruptive or destructive for IMAGIFY.

The right of use granted by WP MEDIA does not entitle the User to sell, transfer, license or assign the User’s Account, files, User name or the rights associated with this User Account to any person whatsoever.

WP MEDIA reserves the right to delete any content that violates the foregoing stipulations as soon as it becomes aware of such content.

Any breach of these Terms of Service may, at WP MEDIA’s sole discretion, result in closure of the User Account responsible for said breach.

27. Cookies

Information on the Customer’s browsing on the Website is stored by cookies.

Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.

Cookies do not allow the Customer to be identified.

The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict its use of the Website.

28. Intellectual property

All intellectual property rights, including copyright, relating to the overall structure of IMAGIFY or the Website, as well as to text, illustrations, photos, animation, sounds, software, interfaces, computer programs and any other features comprising the plugin and the Website, are held exclusively by WP MEDIA, pursuant to the provisions of the French Intellectual Property Code, and may not be exercised without WP MEDIA’s prior written authorization.

These Terms of Service do not grant the User any property rights in IMAGIFY or any of its components.

The User agrees to refrain from all action or conduct liable to directly or indirectly infringe WP MEDIA’s intellectual property rights.

Any exploitation, whether or not for commercial purposes, including uploading or downloading, copying, reproduction, distribution, transmission, dissemination, adaptation, translation or representation, in whole or in part, of IMAGIFY or any of its component features, by any existing or future means or process, on any existing or future medium, without WP MEDIA’s prior written authorization, is prohibited and could lead to prosecution, including without limitation in relation to infringement, unfair competition and/or free riding that is punishable under applicable regulations.

Any use of the features comprising or contained in IMAGIFY that is authorized by WP MEDIA shall be made without howsoever distorting, modifying or degrading such features.

“WP MEDIA” and “IMAGIFY” are trademarks protected in France and abroad.

Any use of a sign identical or similar to these trademarks and all other trademarks featured in the Application and belonging to WP MEDIA or a third party, without WP MEDIA’s express prior authorization, could render the User liable for prosecution.

29. Hosting capacity

WP MEDIA only verifies content once the Customer has uploaded it on their User Account.

This verification may lead to modification or deletion of an offending publication, possibly combined with the closure of the User Account with which it is associated.

WP MEDIA does not verify content uploaded by Customers on their User Account.

WP MEDIA’s role is a technical role entailing the provision of a data compression service.

Accordingly, WP MEDIA shall not be held liable for content uploaded on the Customer’s User Account insofar as no prior or subsequent verification via content filtering is carried out prior to uploading and storage on the User Account.

In this respect, WP MEDIA should be regarded as a hosting company.

30. Mediation

Pursuant to the French Consumer Code, in the event of a dispute, the Customer may have free use of the Médicys mediation service, which may be contacted via the Médicys website at: www.medicys.fr or by mail to 73 Boulevard de Clichy, 75009, Paris.

The Customer is entitled to appoint a mediator of its choice from the Médicys list of registered mediators. This list comprising over 80 professionals based all over France may be consulted at:

http://www.medicys.fr/index.php/nos-mediateurs/

Pursuant to Article L616-2 of the French Consumer Code, WP MEDIA hereby notifies the Customer of the existence of the online platform set up by the European Commission for the purposes of registering complaints arising from online purchases made by European consumers and forwarding these complaints to the relevant national dispute resolution bodies. The platform may be accessed via:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

31. Governing law and jurisdiction

All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these Terms of Service shall be governed by French law.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Lyon.

All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and WP MEDIA, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction.

LEGAL NOTICE

The website is accessed via the following address: https://imagify.io

Pursuant to French Act No. 2004-575 of June 21, 2004 on trust in the digital economy, users of the Website are hereby informed of the identity of the various individuals and organizations involved in the creation and maintenance of the Website:

  1. Publishing

    WP MEDIA
    French simplified stock corporation (“Société par actions simplifiée”)
    47 Rue Duquesne
    69006 – Lyon
    France
    Email: contact@imagify.io
    Lyon Trade and Companies Register - SIRET No.: 80026064800012
    EU VAT No.: FR43800260648

  2. Publishing coordinator

    Jean-Baptiste Marchand-Arvier

  3. Hosting company

    OVH
    French private limited liability company (“Société à responsabilité limitée”)
    2 Rue Kellermann
    59100 Roubaix
    France
    Telephone 1007 or +33 (0)9 74 53 13 23
    support@ovh.com
    www.ovh.com