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Terms of use

Last updated: 23 octobre 2026

This English version is provided for convenience. The French version is the legally binding one; in case of any difference, the French text prevails.

These terms of use (“Terms”) govern access to and use of the Frolay Protect service. The financial terms of paid plans are set out in the terms of sale. By creating an account, you accept the Terms, the terms of sale and the privacy policy.

1. Purpose and definitions

Frolay Protect (the “Service”) is online software published by Thomas DELION (the “Publisher”, see the legal notice). It allows its users (the “User”) to upload images, find where they appear on the Internet using third-party reverse image search engines, monitor those appearances, build evidence files and generate letter templates (settlement request, cease and desist letter, notice to a host, DMCA notice).

2. Access to the Service and account

The Service is available to adults and to legal entities. Creating an account requires a valid e-mail address and a password of at least 8 characters. The User keeps their credentials confidential and is responsible for any use of their account. In the event of unauthorised use, they inform the Publisher without delay at support@frolay.com.

Only one free account is allowed per person. The Service may be used for personal or professional purposes.

3. Content uploaded by the User

The User warrants that they are the author of the images they upload, or that they hold the rights needed to have them searched (for example as an agency, rights holder or agent). They upload no illegal content, in particular child sexual abuse material, hateful content or content infringing others’ privacy.

The User keeps all their rights in their images. They grant the Publisher, only for as long as the images are kept, the right to store them and send them to reverse image search engines, solely to perform the Service. Images are never published or used for any other purpose, nor used to train an artificial intelligence model.

Automatic import. When the User connects a portfolio, a folder on their computer or an Instagram account, they warrant that the images it contains are theirs or that they hold the necessary rights. New images are imported daily, within the limits of their plan. They may remove a source at any time.

Proof of prior existence. On upload, the SHA-256 fingerprint of each image (never the image itself) is sent to a timestamping authority (RFC 3161 standard). The certificate proves that a file existed at a given date; it is not a title of ownership.

4. How searches work

Searches rely on third-party services (in particular Google Cloud Vision and Google Lens via SerpAPI). The Publisher does not guarantee that every use of an image will be found: results depend on how those services index the web. A result flags a potentially unauthorised use. The User must check each result (licence granted, quotation, use permitted by law…) before taking any action. The allow list excludes authorised sites.

Each plan has limits (number of photos, monthly searches, deep searches, monitoring frequency), described in the terms of sale. They are applied automatically.

5. Evidence files

At the User’s request, the Service records a copy of the page concerned, a screenshot if the plan allows it, the server timestamp, IP addresses and SHA-256 fingerprints. These items help with an out-of-court claim. They do not replace an independent record made by a court officer or equivalent professional, which remains recommended before any legal action.

6. Letter templates: responsible use

Letter templates are provided for guidance. They do not constitute legal advice. The User reviews, adapts and sends them under their sole responsibility. They undertake to claim only what is due to them, not to send abusive, false or threatening requests, and not to claim rights in an image they do not hold. An abusive notice to a host may make them liable. For a significant dispute, the User consults a lawyer or a professional organisation.

Sending from the Service. When the User sends a letter or reminder by e-mail from the Service, the message is sent in their name (“Name via Frolay Protect”), replies go directly to them and they receive a copy. Automatic reminders (day 8 and day 15) stop as soon as the case is marked paid, removed or closed, or the photo no longer appears on the page. The User remains the sender and is solely responsible for the content.

Badge. A User who enables the “Photos protected by Frolay Protect” badge accepts the publication of a page showing their name, their website, the number of photos registered and, if they choose, their e-mail. They can disable it at any time.

Partner lawyers. Introductions are free and optional. The case file is only shared with the User’s express consent. The chosen lawyer is solely responsible for their advice and freely sets their fees with the User; the Publisher receives no payment linked to those fees.

7. Prohibited uses

The following are prohibited: circumventing plan limits (multiple accounts, automated requests), mass data extraction, using the Service to monitor a person, harass a third party or collect personal data without a legal basis, any intrusion attempt, and reselling the Service without written agreement.

7a. Reporting illegal content and moderation

In accordance with Regulation (EU) 2022/2065 on digital services (“DSA”):

  • Single point of contact (authorities and users, Articles 11 and 12): support@frolay.com. Languages accepted: French and English.
  • Reporting illegal content (Article 16): anyone can report content hosted by the Service (for example a public “Protected photos” page or an image uploaded without rights) using the Report content form, or by e-mail stating the exact address of the content, why it is illegal, their name and e-mail and a statement of good faith. An acknowledgement is sent.
  • Handling: each report is reviewed promptly, diligently and objectively by a person. No automated decision-making tool is used for moderation. The person who made the report is informed of the decision and of the available remedies.
  • Possible measures: removal or blocking of content, disabling of the public page, suspension or deletion of the account (Article 10). The User concerned receives a statement of reasons (Article 17) and may challenge the decision by replying to the e-mail received, refer it to a certified out-of-court dispute settlement body, or go to court.
  • Uploaded images remain private: they are not made public, except for the “Protected photos” page the User chooses to enable.

8. Availability and maintenance

The Publisher makes every effort to keep the Service available at all times, without any obligation of result. The Service may be interrupted for maintenance, updates or a failure of a provider (host, search engines, payment). The Publisher is not liable for interruptions caused by force majeure or by a third party.

9. Liability

The Publisher has an obligation of means. It is not liable for decisions the User makes based on the results, for the content of third-party sites, or for the outcome of the steps taken. Towards business Users, the Publisher’s total liability for all damages is limited to the sums paid by the User over the previous twelve months. This limit does not apply to consumers, in cases of gross negligence or wilful misconduct, or to personal injury.

10. Suspension and deletion of the account

The User may delete their account at any time from Settings → Account → My data. Deletion erases their photos, results and evidence files, and ends any subscription.

In the event of a serious breach of the Terms (illegal content, abusive use, fraud), the Publisher may suspend or delete the account after a formal notice that has had no effect for 8 days, except in an emergency or where required by law. A free account inactive for 3 years is deleted, after a warning e-mail.

11. Personal data

Data processing is described in the privacy policy. Where images uploaded by a business User contain personal data of third parties (for example people photographed), the Publisher acts as that User’s processor within the meaning of Article 28 of the GDPR, under the terms of the appendix below.

12. Changes to the Terms

The Publisher may update the Terms. Users are informed by e-mail or in the application at least 30 days before a significant change takes effect. A User who refuses it may delete their account before that date.

13. Governing law

These Terms are governed by French law. This choice does not deprive a consumer of the protection of the mandatory rules of the country where they habitually reside. In the event of a dispute, an amicable solution is sought first (see mediation in the terms of sale). Failing that, the competent courts are those designated by law. For business Users, the courts with jurisdiction over the Publisher’s registered address have exclusive jurisdiction.

Appendix — Data processing agreement (Article 28 GDPR)

For business Users acting as controllers, the Publisher, as processor:

  • processes uploaded images and data only to provide the Service and on the User’s documented instructions (these Terms and their actions in the application);
  • ensures that persons authorised to process the data are bound by confidentiality;
  • implements appropriate security measures: HTTPS encryption, hashed passwords (scrypt), restricted server access, application isolation;
  • uses the sub-processors listed in the privacy policy, and informs the User of any change, which they may object to;
  • helps the User respond to requests to exercise rights and meet their security and notification obligations;
  • notifies the User of any personal data breach without undue delay, and no later than 48 hours after becoming aware of it;
  • deletes the data at the end of the contract (account deletion), unless required by law to keep it;
  • makes available the information needed to demonstrate compliance with these obligations.
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