Terms of Service

1. Purpose

These Terms of Service (hereinafter "ToS") define the conditions for accessing and using the Photo to Listing service (hereinafter "the Service"), available at phototolisting.fr.

Photo to Listing is a service that allows users to automatically generate marketplace listings (Vinted, eBay, Facebook Marketplace) from product photos using artificial intelligence.

2. Acceptance of Terms

Using the Service implies full acceptance of these ToS. If you do not accept these terms, you should not use the Service.

We reserve the right to modify these ToS at any time. Changes will take effect upon publication on the site. You should regularly review this page.

3. Service Description

Photo to Listing offers the following features:

• AI Image Analysis : Automatic detection of product characteristics (brand, size, color, condition, defects)
• Listing Generation : Creation of titles, descriptions, suggested prices and optimized hashtags for each platform
• Price Estimation : Market research to suggest competitive pricing (optional feature)
• Multi-platform Export : Listings formatted for Vinted, eBay, and other marketplaces

4. Access to Service

4.1 Access Conditions

The Service is accessible to:

• Individuals aged 18 or older, or minors over 16 with parental consent
• Legal entities duly represented

4.2 User Account

To access certain features (saved listings, extended quotas), you must create an account with accurate and current information. You are responsible for keeping your credentials confidential and for all activities under your account.

4.3 Free Use

The Service offers a free version with limited features (see pricing in our Terms of Sale).

5. User Content

5.1 Photo Ownership

By uploading photos to the Service, you represent and warrant that:

• You own the photos or have obtained the necessary rights to use them
• The photos do not violate third-party rights (image rights, copyrights, trademarks)
• The photographed products belong to you or you are authorized to sell them

5.2 License Granted

By using the Service, you grant us a non-exclusive, worldwide, royalty-free, time-limited license to process your photos through our AI systems solely for listing generation. Your photos are not retained after processing unless explicitly saved in your account.

5.3 AI Processing

Your photos are transmitted to OpenAI for analysis. By using the Service, you agree that your images may be processed by these AI systems in accordance with their terms of use.

6. Authorized Use

The Service must only be used to:

• Create listings for legal products that you legally own
• Legitimate personal or commercial use

7. Prohibited Uses

It is strictly prohibited to use the Service for:

• Counterfeiting : Creating listings for counterfeit or smuggled products
• Illegal Products : Selling products prohibited by law (weapons, drugs, etc.)
• Fraud : Creating misleading or fraudulent listings
• Rights Violation : Using copyrighted photos without authorization
• Abuse : Attempting to bypass usage limits or exploit system vulnerabilities
• Service Resale : Reselling or sublicensing access to the Service without authorization

Any violation of these rules may result in immediate suspension or deletion of your account, without prejudice to any legal action.

8. AI-Generated Content

8.1 Your Responsibility

You are entirely responsible for:

• Verifying the accuracy of generated information (brand, size, condition, price)
• Modifying content before publication if necessary
• Ensuring listings comply with marketplace rules
• Complying with applicable online selling laws

8.2 No Warranty

We do not guarantee that suggested prices match market prices, that descriptions are complete or accurate, or that listings will generate sales.

9. Limitation of Liability

9.1 Service "As Is"

The Service is provided "as is" and "as available". We do not guarantee uninterrupted or error-free operation.

9.2 Exclusions

To the extent permitted by law, TCTB shall not be liable for:

• Errors or inaccuracies in AI-generated content
• Disputes between you and buyers of your products
• Violations of marketplace rules (Vinted, eBay, etc.)
• Financial losses related to use of the Service
• Indirect, incidental or consequential damages

9.3 Liability Cap

In any event, our total liability shall not exceed the amount actually paid by you during the 12 months preceding the event giving rise to liability.

10. Intellectual Property

10.1 TCTB Rights

The Service, its interface, source code, algorithms, databases and all its components are the exclusive property of TCTB and are protected by intellectual property laws.

10.2 Your Rights to Listings

Listings generated from your photos remain your property. You may use them freely on marketplaces of your choice.

11. Suspension and Termination

11.1 By User

You may delete your account at any time from your profile settings. This deletion results in permanent deletion of your data in accordance with our Privacy Policy.

11.2 By TCTB

We reserve the right to suspend or delete any account in case of ToS violation, without notice or compensation. Amounts already paid will not be refunded in case of suspension for ToS violation.

12. Miscellaneous Provisions

12.1 Entire Agreement

These ToS constitute the entire agreement between you and TCTB regarding use of the Service.

12.2 Severability

If any provision of these ToS is found invalid or unenforceable, the remaining provisions shall remain in effect.

12.3 No Waiver

Failure to exercise a right under these ToS does not constitute a waiver of that right.

13. Governing Law and Jurisdiction

These ToS are governed by French law. Any dispute relating to their interpretation or execution shall be subject to the exclusive jurisdiction of French courts.

In accordance with consumer protection regulations, you may use conventional mediation or any other alternative dispute resolution method.