1.Acknowledgment and Acceptance Of Terms

Welcome to Hedsilon. These Terms of Use form a binding legal contract between you ("User", "You", or "Your") and Hedsilon, including our affiliates, resellers, and subsidiaries, collectively referred to as "Hedsilon", "we", "us", or "our". By accessing and using the Hedsilon.com website, along with any associated services, content, tools, products, templates, and features we offer (collectively, the "Site"), you acknowledge that you have read, understood, and agree to comply with these Terms of Use.

This Agreement outlines the scope of the services ("Services") provided through the Site. Users of our Services, which include individuals and businesses, utilize our platform to develop their websites, ecommerce stores, client galleries, blogs, and various other functionalities, collectively termed as “Websites”. Those who visit or engage with these Websites are referred to as "End-Users".

Before you begin using the Site, it is essential that you thoroughly read, understand, and consent to all terms and conditions stipulated in this Agreement, including our Privacy Policy, Cookie Policy, and, where applicable, the Data Processing Addendum ("DPA"). Your access and use of the Site signifies your agreement to these Terms of Use. If you do not agree with these terms, you must not use the Site and should exit immediately.

Please note that we may post supplemental terms, conditions, or documents on the Site periodically, and these are hereby explicitly incorporated by reference into this Agreement. We reserve the right to update or modify these Terms of Use at our sole discretion and at any time. Any changes will be communicated by updating the "Last updated" date of these Terms of Use. We are not obligated to provide personal notice of each change, and it is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Site following any changes signifies your acceptance of the revised Terms of Use.

The content and information on the Site are not intended for distribution or use in jurisdictions or countries where such distribution or use would conflict with local law or regulation or subject us to additional registration requirements. Individuals who choose to access the Site from other locations do so on their initiative and are responsible for compliance with local laws as applicable.

Our Site is not configured to align with specific industry regulations like HIPAA, FISMA, and others. Consequently, if your interactions are governed by such laws, you should refrain from using this Site. Additionally, the Site is not to be used in any manner that would contravene the Gramm-Leach-Bliley Act (GLBA).

The Site is designed for users who are at least 18 years old. Minors, or individuals below the age of 18, are prohibited from using or registering on the Site.

2. Intellectual Property Rights

The Hedsilon website and its entire contents, including but not limited to all source code, databases, site functionality, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), along with all trademarks, service marks, and logos contained therein (the “Marks”), are the exclusive property of Hedsilon or are licensed to Hedsilon. These elements are protected under the copyright, trademark, and various other intellectual property and unfair competition laws of the United States, France, international copyright laws, and international conventions. We provide the Content and the Marks on the Site solely for your personal and informational use. You are strictly prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, or exploiting any part of the Site, the Content, or the Marks for commercial purposes without obtaining our express prior written consent.

Upon meeting the eligibility criteria for using the Site, you are granted a limited, non-exclusive license to access and use the Site in compliance with these Terms of Use. Please note that all rights not explicitly granted to you are reserved by Hedsilon, including all proprietary rights in and to the Site, its Content, and the Marks.

3. User Representation

As a user of the Hedsilon Site, you are required to adhere to the following representations and warranties:

• 1. Accuracy of Information: You certify that all information provided during registration and throughout your use of the Site is and will remain truthful, precise, current, and comprehensive.

• 2. Maintenance of Information: You commit to promptly updating your registration data as necessary to keep it accurate and complete.

• 3. Legal Capacity: You affirm that you have the legal capacity to enter into this Agreement and agree to abide by all terms outlined in these Terms of Use.

• 4. Age Requirement: You confirm that you are of legal age in your jurisdiction, and not a minor.

• 5. Human Use: You agree to access and use the Site solely through manual, human means, and not through any automated processes, including bots, scripts, or other non-human methodologies.

• 6. Lawful Use: You undertake to use the Site exclusively for lawful and authorized purposes, refraining from any illegal or unauthorized activities.

• Compliance with Laws: Your use of the Site will be in full compliance with all applicable laws and regulations of your jurisdiction.

4. User Registration

As part of accessing certain features of the Hedsilon Site, you may need to create a user account. By registering, you agree to the following conditions:

• Confidentiality of Password: You are responsible for maintaining the confidentiality of your password and accept responsibility for all activities that occur under your account.

• Account Usage: Each account is personal and non-transferable. Sharing account login details with others is strictly prohibited. Additionally, you may not have more than one free trial account active at any given time.

• Site name Policies: Hedsilon reserves the right to modify or remove any Site name that are deemed inappropriate, offensive, or otherwise objectionable at our discretion.

• Security Obligations: You are obligated to maintain the security of your account and the content of your Website. You should immediately inform Hedsilon of any unauthorized use or breach of your account's security. Please note that Hedsilon will not be liable for any loss or damages arising from any unauthorized use of your account or security breaches.

By registering, you acknowledge these responsibilities and agree to adhere to them as a user of the Hedsilon Site.

5. Fees and Payment

When you utilize the Hedsilon Site and its Services, you are agreeing to the payment terms set forth by Hedsilon. This includes adhering to the one-time, monthly, or annual subscription fees as outlined in the various pricing plans available on the Site. These fees are exclusive of any applicable taxes.

Hedsilon accepts a range of payment methods, including all major credit cards and Paypal. The processing of your orders and transactions is managed by Stripe

Certain services on the Hedsilon Site may require a purchase or payment. It is your responsibility to ensure that the purchase and account information you provide is up-to-date, complete, and accurate for all transactions conducted through the Site. This includes timely updating of your account and payment information, such as email address, payment method, and payment card expiration date. All billing through the Site is executed via an online billing account, and sales tax will be added as deemed necessary by us. Hedsilon reserves the right to modify pricing at any given time, and all payments are processed in U.S. dollars.

By making a purchase, you authorize Hedsilon to charge the payment method you have chosen for the amount of the transaction. For purchases subject to recurring charges, you agree to allow Hedsilon to bill your payment method on a recurring basis, without needing your prior approval for each recurring charge, until you decide to cancel your subscription.

Hedsilon maintains the right to amend any pricing errors or mistakes, even after a payment request or receipt has occurred, and also holds the right to refuse any order made through the Site. In instances where a subscription charge is declined, Hedsilon will make multiple attempts to secure payment using your chosen payment method. Please note that if a subscription payment is overdue for more than 30 days, your website and Hedsilon account may be suspended, only to be reactivated upon receipt of the overdue amount.

Hedsilon also reserves the right to alter the subscription fees and pricing for the Site at any time without prior notice.

Free Trial Policy

Regarding our free trial policy, new users who register on the Site are eligible for a 15-day free trial. To continue the subscription after the free trial, you can select an appropriate plan and provide your credit card details. It is important to note that the abuse of free trials, such as signing up for multiple free trials, is not permitted.

Upgrades and Downgrades

Hedsilon offers the flexibility to upgrade or downgrade your subscription plan in accordance with your needs. Adjustments to your subscription, whether an upgrade or downgrade, are calculated on a pro-rated basis to ensure fairness. When you choose to downgrade your subscription plan, any pro-rated credit resulting from this change will be applied to your Hedsilon account. This credit can be used towards any future dues but is not eligible for a refund. It's important to be aware that downgrading your subscription could result in the loss of certain content, features, or the reduction in the resource capacity of your account. Hedsilon holds no liability for any such losses that may occur as a result of modifying your subscription plan.

Account Cancellation Policy

At Hedsilon, we understand that circumstances change and you may need to cancel your subscription. You have the option to cancel your subscription at any time through your account settings. It's important to note that all purchases made are non-refundable. Upon cancellation, your access to the account, along with all its User Content, will be terminated and queued for deletion. If your payments are made directly through Paypal, it's necessary to cancel the subscription within your Paypal account as well to ensure complete termination of the service.

Handling Chargebacks

In cases where a chargeback is initiated with your bank or credit card company against any fees payable to Hedsilon, we reserve the right to automatically terminate your account. We encourage you to reach out to our Customer Support team for any queries or clarifications about a payment before proceeding with a chargeback. Hedsilon retains the right to dispute any chargebacks made against the services.

Payment Processing

Hedsilon collaborates with third-party payment processors to handle subscription payments for certain user accounts. Currently, our payment processing is conducted through Stripe, Paypal each operating under their respective Terms of Use and Privacy Policies. It's essential to recognize that Hedsilon does not have control over, nor is responsible for, the security or performance of these Payment Processors. When you make a purchase, you agree to pay all charges at the current rates for your chosen purchase, using the payment method linked to your account. Hedsilon, along with the Payment Processors, maintains the right to amend any payment-related errors or inaccuracies, even if the payment has already been processed or requested.

6. User Generated Contributions

As a user, you have the ability to create, submit, post, display, transmit, perform, publish, distribute, or broadcast a variety of content and materials on your Website through the Site. This includes text, writings, videos, audios, photographs, graphics, comments, suggestions, personal information, or other material, collectively referred to as "Contributions" or “User Content”. Please note that these Contributions might be accessible to other users of the Site and could also appear on third-party websites. Consequently, any Contributions you share are considered non-confidential and non-proprietary.

In creating or making available Contributions, you confirm that:

1. Your Contributions will respect the proprietary rights of others, including copyrights, patents, trademarks, trade secrets, or moral rights.

2. You hold the necessary ownership or permissions for your Contributions and grant us and other Site users the rights to use them as the Site and Terms of Use permit.

3. You have obtained necessary permissions from identifiable individuals in your Contributions for their inclusion and use as per the Site's requirements.

4. Your Contributions are accurate and not misleading.

5. Your Contributions are not promotional materials, advertisements, or spam.

6. Your Contributions avoid being offensive, harassing, libelous, or violating our content standards.

7. Your Contributions do not demean, mock, or harm anyone.

8. Your Contributions do not endorse or incite violence or illegal activities.

9. Your Contributions comply with relevant laws and regulations.

10. Your Contributions respect the privacy and publicity rights of others.

11. Your Contributions are appropriate and do not exploit minors.

12. Your Contributions adhere to legal standards concerning the protection of minors.

13. Your Contributions are free from discriminatory or harmful language or content.

14. Your Contributions do not involve illegal substances, stolen goods, or promote dangerous activities.

15. Your Contributions do not break any rules set by the Terms of Use or applicable laws.

7. Prohibited Activities:

You are prohibited from using the Site for anything other than its intended purpose. The Site is not to be used for any unauthorized commercial activities unless expressly approved by us.

As a user, you must refrain from:

1. Illegally collecting or compiling Site data.

2. Misusing the Site, including for unauthorized communication and user account creation.

3. Interfering with the Site’s security and content use features.

4. Engaging in unauthorized framing or linking to the Site.

5. Deceiving or misleading us and other users, particularly to gain sensitive information.

6. Misusing our support services or falsely reporting issues.

7. Employing automated tools to disrupt the Site's functioning.

8. Overburdening the Site or related networks and services.

9. Impersonating others or misusing usernames.

10. Harassing or harming others using information from the Site.

11. Competing with us or misusing the Site and its content for financial gain.

12. Attempting to decompile or reverse engineer the Site’s software.

13. Bypassing Site access restrictions.

14. Threatening or harassing our employees or agents.

15. Copying or modifying the Site’s software.

16. Removing copyright notices from the Site’s content.

17. Uploading harmful or disruptive materials to the Site.

18. Transmitting passive or active data collection mechanisms.

19. Using automated systems to disrupt or misuse the Site.

20. Damaging our reputation or the integrity of the Site.

21. Using the Site in violation of applicable laws and regulations.

22. Uploading data that hacks or alters the Site or falsely suggests an association with Hedsilon.

23. Uploading data that negatively impacts the Site and its users.

24. Testing the Site for vulnerabilities.

25. Overloading our infrastructure or that of our partners.

26. Sharing your password or using someone else’s credentials.

27. Using your Website to distribute spam or unsolicited content.

28. Including spam or unethical content on Your Website.

8. Grant Of License To Us

When you upload and share Contributions on your Website, you are granting Hedsilon a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable right to use, host, store, reproduce, modify, distribute, publish, and publicly display and perform your User Content. This is for the purposes of showcasing your Website and for the promotion of Hedsilon, the Site, our company, and our services across various platforms and channels.

It is important to note that we do not claim any ownership of your Contributions. You maintain complete ownership of your Contributions, along with any associated intellectual property or proprietary rights. We are not responsible for any statements or representations in your Contributions. You are the sole party responsible for your Contributions on the Site and agree to absolve us of any responsibility, avoiding any legal action against us related to your Contributions.

9. Reserved Rights

We hold certain rights, which include, but are not limited to:

(1) Monitoring the Site for compliance with the Terms of Use.

(2) Taking legal action against anyone who violates the law or these Terms of Use, which may include reporting to law enforcement.

(3) Sole discretion to restrict or disable access to your Website or Contributions as technologically feasible.

(4) The right to terminate or suspend your Hedsilon Account and access to the Site.

(5) Managing the Site to safeguard our rights and property, ensuring smooth Site operation.

(6) The ability to change or cease the Site temporarily or permanently.

(7) Adjusting subscription and service fees offered through the Site.

In these scenarios, Hedsilon is not obligated to issue any refunds for previous payments.

10. Usage Policy

This policy delineates acceptable usage of our Site to prevent negative impacts due to fraud or misuse.

Hedsilon reserves the authority to suspend or cancel your account if usage contravenes our Fair Use Policy.

Guidelines for Your Website and User Content:

Under certain plans, Hedsilon allows the publishing of unlimited content and images and receiving unlimited traffic. However, this does not imply permission for unlimited, unchecked uploads. The Fair Use Policy permits reasonable uploads necessary for your business or portfolio, ensuring genuine source traffic.

Guidelines for Client Galleries:

Our client gallery plans are tailored for individual photographers. These plans include a fair usage limit on data upload and download per month, with the current limit being 100 GB. Exceeding this limit may lead to suspension or additional charges. Team plans are available for studios with multiple photographers.

We reserve the right to suspend or cancel accounts that exceed reasonable usage limits or engage in prohibited activities as per this policy.

11. External Services

11.1 Integration with Third Party Services

The Site incorporates various third-party services and applications that augment our offerings. These Third Party Services have their own terms and policies, and your interaction with them will be governed by these terms. We do not have control over these services and are not liable for any transactions or interactions you have with them. Your security while using these services is your responsibility. We may remove or suspend access to any of these services at our discretion without notice.

11.2 Connection with Third Party Accounts

You have the option to connect your Site account with third-party service providers. This requires you to either provide login information or permit us access under their terms of use. You assure that providing this information does not violate any agreements with the service providers. By allowing us access, we can integrate content from these accounts onto the Site, subject to your privacy settings. We are not responsible for the content from these Third-Party Accounts and may remove access if these services become unavailable. Your relationship with these providers is governed by your agreements with them.

11.3 Interactions with Third-party Content and Websites

The Site may include links to Third-Party Websites and contain Third-Party Content. We do not review these for accuracy or appropriateness, and we are not responsible for them. Engaging with these websites or content is at your own risk, and our Terms of Use do not apply to them. We are not liable for any transactions or interactions you have on these Third-Party Websites.

11.4 Third Party Service Fees

Third Party Services accessed via Hedsilon may have their own refund policies. We are not responsible for refunds of these services, and it is your responsibility to understand the terms of purchase and refund for these services.

12. USER GENERATED MATERIAL

Hedsilon does not review all content and materials posted on the Site or our Users' Websites. We do not endorse or guarantee the accuracy of this material. You are responsible for safeguarding your systems against harmful content. The Site may contain offensive or objectionable content, and Hedsilon disclaims any responsibility for any harm resulting from using the Site.

You are responsible for your actions on the Hedsilon Site and for the content you or others post using your account. We do not guarantee the content's accuracy or legality and are not responsible for exposure to such materials.

Copyright Violations

If you suspect copyright infringement on the Site, please contact us. Hedsilon may suspend websites involved in infringement but is not obligated to issue refunds in these cases.

13. Submissions By Users

All submissions, including questions, comments, suggestions, ideas, feedback, or other information about the Site, submitted by you are non-confidential and will become our exclusive property. We will hold all rights, including intellectual property rights, to these submissions, and can use and share them freely for any legal purpose, both commercially and otherwise, without your acknowledgment or compensation. By submitting, you relinquish any moral rights to these submissions and confirm that they are your original work or you have the right to submit them. There will be no legal recourse against us for any alleged or actual infringement or misappropriation of proprietary rights in your submissions.

15. Hedsilon Affiliate Program

We reserve the right to deactivate or cancel any Affiliate account without prior notice. This may be due to reasons including, but not limited to:

• Any misuse or abuse detected within the Affiliate Program

• Presence of objectionable or explicit content on your site

• Listing affiliate coupon codes on external coupon websites

• Generating referral traffic to Hedsilon through non-organic means such as purchased traffic or automated bots

No compensation will be issued once an affiliate account is deactivated or canceled.

16. Use Of Open-Source Software

Some software components on the Site may be distributed under open-source licenses. We will make these licenses available to you, and they may supersede certain parts of these Terms.

17. Securing Your Site

We may provide HTTPS encryption for your Website. By linking your domain to your Hedsilon Website, you authorize us to create and manage a security certificate to enable HTTPS encryption for your site.

18. Resolving Ownership Disputes

In cases of disputed ownership over an Account or site, such as between a business and its employee, or a designer and a client, we typically avoid involvement. However, we retain the right to determine the rightful owner of an Account or site and transfer ownership accordingly at our discretion. If the rightful owner cannot be determined, we may suspend the Account or site until a resolution is reached. We may also request documentation, such as photo ID or business licenses, to assist in determining ownership.

19. Electronic Communication And Agreements

Any interactions with our Site or services, including emails and online forms, are considered electronic communications. By using our services, you consent to receive communications electronically. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirements for written communication. You consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions with us. You waive any rights under laws that require original signatures or non-electronic records, or to payments or credits other than by electronic means.

20. Site Terms And Termination

These Terms of Use are effective while you use the Site. We reserve the right to deny access or use of the Site to anyone for any reason, at our discretion, and may terminate your use or participation in the Site, or delete your account and any content at any time without warning. If your account is terminated, you are prohibited from creating a new one under any name. We also reserve the right to take legal action in case of breaches of these Terms. All provisions of this Agreement that should survive termination will remain in effect after termination.

21. Changes And Interruptions To The Site

We may alter, remove, or discontinue any part of the Site at our discretion without notice. We are not liable for any modification, suspension, or discontinuance of the Site. The Site may not always be available, and we are not liable for any interruptions or issues. You agree that we are not responsible for any loss or inconvenience caused by your inability to access or use the Site during downtime or discontinuance. We are not obligated to maintain or support the Site or to provide updates.

22. Management Of User Data

We will maintain data transmitted to the Site for managing its performance and your use of the Site. You are responsible for all data you transmit or relating to your activities on the Site. We are not liable for any loss or corruption of your data, and you waive any claims against us for any loss or corruption of such data.

23. Limitation Of Liability

Hedsilon, including its affiliates and subsidiaries, will not be liable for any claims arising from your use of the Site or services. This includes indirect or consequential damages, loss of profits, data, or goodwill. We are not responsible for damages related to your use, interruption, or modification of the Site or for any user content. Our total liability is limited to the amount you paid us in the three months before the cause of action arose.

24. User Representations And Warranties

You warrant that your use of the Site will comply with this Agreement and all applicable laws and regulations. Your use of the Site will not violate the intellectual property rights of any third party.

25. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, including legal fees, arising from your use of the Site, breach of these Terms, or infringement of third-party rights. We reserve the right to assume the defense of any claim for which you must indemnify us, and you agree to cooperate with our defense of these claims.

26. Applicable Law

These Terms are governed by the laws of France. Hedsilon and you consent to the exclusive jurisdiction of the courts in France for any disputes arising from these terms.

27. Resolving Disputes

27.1 Informal Negotiations

Parties will first try to resolve any disputes informally for at least 30 days before initiating arbitration. Informal negotiations start with written notice from one party to the other.

27.2 Binding Arbitration

Disputes will be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber. The seat of arbitration will be Paris, France, and the proceedings will be in English. The governing law will be the substantive law of France.

27.3 Arbitration Restrictions

Arbitration is limited to the dispute between the parties individually. There is no right for any dispute to be arbitrated on a class-action basis or to use class action procedures.

27.4 Exceptions to Arbitration

Certain disputes, such as those related to intellectual property rights or claims for injunctive relief, are not subject to arbitration. If part of this provision is found unenforceable, such disputes will be resolved in the courts of France.

28. Site Corrections

We reserve the right to correct any errors or inaccuracies on the Site and to change or update information at any time without prior notice.

29. Site Disclaimer

The Site is provided as-is. We disclaim all warranties in connection with the Site and your use of it. We are not responsible for any errors or inaccuracies in the Site's content, nor for any harm or damages related to its use. We do not endorse products or services advertised on the Site and are not responsible for any transactions with third parties.

30. General Terms

These Terms of Use and our policies constitute the entire agreement between you and us. We are not responsible for any loss or damage caused by events beyond our control. If any part of these Terms is invalid or unenforceable, the remaining provisions remain in effect. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms. These Terms are not to be construed against us as the drafters. You waive any defenses based on the electronic form of these Terms and the lack of physical signatures.

31. Contact Information

For any queries or complaints regarding the Site, please contact us at support@hedsilon.com