Legal Terms

General Conditions of Use AlbumTeller and AlbumTeller Cloud Proofing.

The General Conditions of Use (GCU) regulate the purchase, access and use of the software provided by Labsforge (AlbumTeller and AlbumTeller Cloud Proofing).

The AlbumTeller software for creating and editing digital photo books and the AlbumTeller Cloud Proofing platform for sharing and reviewing digital photo books are the property of the company Labsforge – Software Consulting, lda with tax address at Rua Professor José Magalhães Aguiar, 39, 4630-409 Marco de Canaveses, Porto, Portugal, NIF 515061905 , hereinafter referred to as “Labsforge”.

Any person, hereinafter referred to as User, who wishes to use Labsforge’s services must accept these terms and all the other policies and principles that govern them. Acceptance of these terms is absolutely essential in order to use the software and its services.

The User must read, make sure they have understood and accept all the conditions set out in the TOU , as well as in the other documents incorporated into them by reference, before registering as a user on AlbumTeller AlbumTeller and AlbumTeller Proofing.

Labsforge reserves the right, at any time and without prior notice, to modify or update the contents and services of these TOU and any element of the software’s design or configuration. The modification of these general conditions does not affect goods or promotions that were purchased prior to the changes.

Terms of Use

These Terms of Use regulate, together with the Privacy Policy, the access, use and purchase of services through the AlbumTeller software (hereinafter referred to as “AlbumTeller”). Any person, hereinafter referred to as “User”, wishing to use AlbumTeller’s services must accept these Legal Terms, and all other policies and principles that govern it. Acceptance of the terms of use is absolutely essential to the use of AlbumTeller and its services.

General Conditions
1.1 AlbumTeller offers photo organization and processing services.

1.2 Any order will be governed by the following general terms and conditions of sale as they stand at the time of the order. These general terms and conditions of sale are the only ones applicable and supersede any other terms and conditions, without prior, express and written revocation.

1.3 These general conditions of use apply exclusively to users, i.e. natural or legal persons who use our services without this being attributable to their commercial or professional activity.

1.4. The information on the site is subject to change (text, images or otherwise). All the images of the products presented are merely illustrative and may differ from the final products presented to the customer.

User account
2.1. Users have the option of registering for a free account, which allows them to manage all their projects and order data more easily and from anywhere in the world. To take advantage of all the services available, the user must register with AlbumTeller.

2.2 Access to the user account will require a valid e-mail address and a password of the user’s choice, which must be set when the account is created.

2.3 In order to use the user account, it is essential that the data provided is accurate, so that all the necessary operations can be carried out correctly: service communications and billing.

2.4 The user account is accessible and available 7 days a week and 24 hours a day. However, it is possible that access to the site or the user account may be interrupted due to maintenance, site or network interventions or other incidents or disturbances beyond Labsforge’s control. Labsforge cannot be held liable for any loss or damage arising from such interruption.

2.5. The account holder is solely responsible for all digital photographs or images uploaded and, in general, for any use made by the user or third parties with access to the account.

2.6 For greater security, the user must keep the chosen password secret. Labsforge will not be held liable in the event that the password is used by a third party and cannot be held responsible for any damage resulting from unauthorized use by you or a third party. The user must inform Labsforge of any unauthorized use of their password and must change this password if they believe it is no longer confidential.

2.7. The service is provided for an indefinite period. Labsforge or the user may cancel this service by giving 15 days’ notice (LEI). This notice is given by Labsforge if a message is sent to the e-mail address associated with the user’s account. In addition, the user can give this notice via the “Contacts” section.

2.8. When the user account service is terminated, Labsforge deletes the account, as well as all photographs and projects stored in it.

2.9 In addition, Labsforge may, without prior recourse to any legal means or the payment of any compensation, terminate the user account service and/or block access to the account or delete digital photographs placed in the user account that violate the current General Terms and Conditions.

Using the software
3.1. The software for processing, organizing and sharing digital images is the property of Labsforge.

3.2 This software may only be used on an individual basis for private use. Any other downloading, copying, permanent or temporary reproduction, in whole or in part, is prohibited. Translation, adaptation, modification or any other transformation is prohibited for Labsforge platforms, as well as any kind of distribution or making available to the public free of charge or for a fee.

Obligations of users
4.1. The user is responsible for all images downloaded or reproduced using the Software. This implies that the user undertakes not to transfer or publish images or photographs through the site in violation of copyright or any other intellectual property, the law on the protection of personal data or any other legislation. In addition, it is forbidden to transfer, disseminate, order photos or any other product or communicate by e-mail any illicit content, in particular images or photographs of minors involved in sexual acts, or harm the private life or rights of others.

4.2. The user shall be liable for any loss or damage resulting from a breach of this clause and shall indemnify Labsforge against all costs incurred by Labsforge as a result of such breach.

4.3 Labsforge reserves the right, without prior notice, to take any useful action in the event of a breach of this clause or serious indications of such a breach, without the customer being able to claim any compensation from us. In particular, it may block access, delete all images stored on our servers, refuse to execute an order or terminate some or all of the Services provided to you by Labsforge through its software. Labsforge may also communicate information relating to the customer as well as provide copies of photographs or images uploaded by the customer to the competent judicial and administrative authorities in order to respond to any obligation imposed on it by a legal text.

Licensing of uploaded photos
5.1. Labsforge has no rights over the photographs stored on its servers other than a license to use them for the exclusive purpose of performing the Service for which the images have been uploaded.

Copyright
6.1 Labsforge reserves all copyright and other rights to the Service, as well as to the content, information, images, videos and databases published (hereinafter referred to as “protected property”). It is therefore expressly forbidden to alter, reproduce, publish, transmit to third parties and/or any other use of the protected property without prior written permission from Labsforge.

Conditions of Purchase
7.1. The process for purchasing/subscribing to Labsforge services is as follows:

Select the “Subscribe” option in the desired plan. From any plan, the User must click on “Buy” to start any purchase process.

Filling in the User’s additional information. The customer must disclose in a specific format: first and last name, address and telephone number.

Select payment method. The user must select one of the following available payment methods: PayPal.

Approval of purchase. By confirming the purchase, the user accepts the purchase of the products/services indicated by him/her and under the conditions pre-established by the Software.

7.2 Once the order process has been completed, you may no longer withdraw from it. No order shall be binding on Labsforge until it has been confirmed by e-mail or any other appropriate means of communication.

Right of revocation
8.1. The user may revoke their contractual declaration under the right of withdrawal within 14 days of subscribing to the service.

File storage
9.1 The photos you upload to the site for the purpose of cloud proofing are stored for 120 days, to enable you to resume the execution of a process interrupted during this period without having to upload your photos again.

9.2 After 6 months of could proofing inactivity, the project will be deleted from the server.

Prices
10.1 The prices applicable to the Subscription Plans are shown on AlbumTeller when the order is placed and are summarized in the order summary. Prices are quoted in euros and, unless otherwise stated, all taxes are included.

Payment and invoicing
11.1 Labsforge offers payment by credit card on AlbumTeller via the PayPal payment platform.

11.2 The order is confirmed after successful payment.

11.3 Validation of an order or any other service offered by Labsforge implies acceptance by the customer of the use of the electronic format for invoicing.

11.4 Labsforge cannot guarantee in any way that the services provided by the company responsible for payment management will operate free of errors, interruptions, malfunctions, delays or other imperfections.

11.5 Labsforge shall not be liable for the availability or otherwise of the services provided by the payment management company or for the impossibility of using the service.

Liability
12.1 Under no circumstances shall Labsforge be held liable for indirect damages resulting from any use of the Site or the Services, such as any damage or loss of data. Labsforge shall not be liable for any damage caused to users’ software or hardware or to third parties during the use of the services offered on the site.

Customer support
13.1 If you have any questions or complaints, please contact our customer support service via email or live chat.

Information Privacy
14.1 Labsforge is committed to protecting your data. In general, all data that you provide to Labsforge is used exclusively for the purpose of processing your subscription.

Changes to the terms of use
15.1 Labsforge may change these Terms of Use at any time in order to improve and enhance the services provided. The new Terms of Use will come into force as soon as they are published on AlbumTeller. Within 24 (twenty-four) hours of the publication of the changes, the User must notify us by e-mail if they do not agree with the new Terms of Use. In this case, the contractual relationship will cease to exist, provided there are no outstanding accounts or debts in the User’s name. In the absence of a response within the stipulated period, the User will be deemed to have tacitly accepted the new rules and the contract will continue to bind the parties.

15.2. The changes will not apply to Offers, Commitments and purchases already started at the time the changes are published. For these, the Terms of Use will remain in force with the previous wording.

Partial invalidity of clauses
16.1. In the event that a present or future provision of the contract is or becomes, in whole or in part, null and void or unenforceable, the validity of the remaining provisions of this contract shall not be affected, provided that the performance of the contract, taking into account the following regulations, does not represent an obligation for a party that cannot be enforced. The same shall apply if, after concluding the contract, there is a gap that needs to be filled. The parties shall replace the ineffective/null/unenforceable provision or the gap which needs to be filled by an effective provision which, in its economic legal content, corresponds to the ineffective/null/unenforceable provision and to the overall purpose of the contract.

Applicable law and competent courts
17.1. These conditions are based on Portuguese law. Any dispute relating to AlbumTeller of the same or the use of AlbumTeller is subject to the jurisdiction of the courts of the user’s domicile or to the Alternative Resolution of Consumer Disputes, as indicated in 20.2.

17.2. In the event of a dispute, the consumer may have recourse to one of the following Alternative Dispute Resolution bodies:

– Centro Nacional de Informação e Arbitragem de Conflitos de Consumo | 213 847 484 | www.arbitragemdeconsumo.org

– Consumer Information, Mediation and Arbitration Center (Consumer Arbitration Court) | 253 617 604 | www.ciab.pt

You can also access Dispute Resolution online here (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage)

More information on the Consumer Portal, at www.consumidor.pt.

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