Photo-Pick Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the Photo-Pick website, web application, services and related features (collectively, the "Service").

By creating an Account, purchasing a Subscription, uploading Content or otherwise using the Service, you agree to these Terms.

If you use the Service on behalf of a company, organisation or another person, you confirm that you are authorised to act on their behalf where such authorisation is required.

1. Photo-Pick

The Service is provided and operated under the name Photo-Pick.

In these Terms, "Photo-Pick", "we", "us" and "our" refer to the provider and operator of the Service.

You can contact Photo-Pick at: contact@photo-pick.com

Language Versions

These Terms may be made available in multiple languages. The English-language version is the original version.

If there is any inconsistency or difference in meaning between the English-language version and a translated version, the English-language version will prevail to the extent permitted by applicable law.

For Consumers, this rule does not limit any mandatory rights or protections arising from applicable law, including requirements concerning contractual information provided in the Consumer's language.

2. Definitions

For the purposes of these Terms:

  • "Account" means a registered Photo-Pick user account.
  • "Album" means a collection of photos, videos or other supported Content created, uploaded, stored, organised or shared through the Service.
  • "Content" means photos, videos, text, metadata and other material uploaded, submitted, stored or shared through the Service.
  • "User" means any person or entity that accesses or uses the Service, whether through a registered Account or otherwise.
  • "Guest User" means a User who accesses an Album or uses certain features through an invitation, shared link or other access mechanism without necessarily having a registered Account.
  • "Subscription" means a paid Photo-Pick plan that provides access to certain features or increased usage limits for a recurring billing period.
  • "Consumer" means a natural person using the Service mainly for purposes outside their trade, business or profession.
  • "Business User" means a person or entity using the Service mainly for purposes relating to their trade, business or profession.

3. Scope of the Service

Photo-Pick provides tools for creating, uploading, storing, organising, viewing, selecting, sharing and managing photos, videos and related Content.

The features available to a User may depend on the selected plan, Subscription, Account status and other conditions described within the Service.

Photo-Pick may apply reasonable technical limits, including limits relating to storage, file size, file formats, number of Albums, number of files, video processing and other Service features.

Unless expressly agreed otherwise, Photo-Pick is not intended to serve as a permanent archive, long-term backup service or the sole storage location for important or original Content.

Users are responsible for keeping independent copies of Content they wish to preserve. Photo-Pick strongly recommends retaining original files outside the Service.

Nothing in this section limits any mandatory rights or remedies available to Consumers under applicable law.

4. Account Registration and Security

Certain features of the Service require a registered Account.

Users must have the legal capacity required under applicable law to enter into these Terms. Where required by law, minors may use the Service only with the permission or supervision of a parent or legal guardian.

When creating an Account, Users must provide accurate, complete and up-to-date information and keep such information reasonably current.

Users are responsible for maintaining the confidentiality and security of their login credentials and must take reasonable steps to prevent unauthorised access to their Account.

Users must not knowingly allow another person to use their Account in a manner that violates these Terms or compromises the security of the Service.

Users must notify Photo-Pick without undue delay if they become aware of or reasonably suspect unauthorised Account access, misuse of credentials or another security incident affecting their Account.

Photo-Pick may temporarily restrict or suspend access to an Account where reasonably necessary to protect the Account, other Users or the security of the Service.

Users are responsible for activities performed through their Account to the extent that such activities result from their own actions, omissions or failure to take reasonable security precautions.

5. Professional and Business Use

Photo-Pick may be used for both private and professional purposes, including by photographers, studios, agencies, companies and other professional users.

If you use the Service on behalf of a company, organisation or another person, you confirm that you are authorised to act on their behalf and to accept these Terms where such authorisation is required.

Business Users are responsible for ensuring that their use of the Service complies with laws and contractual obligations applicable to their business activities.

If a Business User uploads, stores or shares Content belonging to clients or other third parties, the Business User is responsible for having the rights, permissions and other legal bases necessary to use such Content through the Service.

Photo-Pick is not a party to agreements between Business Users and their clients, customers, photographers, contractors or other third parties.

Photo-Pick does not assume responsibility for disputes arising solely from agreements or relationships between a Business User and such third parties, except to the extent that Photo-Pick itself is legally responsible.

6. Free and Paid Plans

Photo-Pick may offer both free and paid plans.

The features, storage limits, upload limits, Album limits, supported file types, video functionality and other usage limits available to a User may depend on the selected plan.

The features and limits applicable to a paid Subscription are described on the relevant pricing or Subscription page at the time of purchase.

Photo-Pick may introduce, modify or discontinue features or limits associated with free plans where reasonably necessary for technical, operational, security or business reasons.

Where a change to a free plan may materially affect access to stored Content, Photo-Pick will provide reasonable advance notice where practicable.

Paid features and limits applicable to an already-paid Subscription period will not be materially reduced during that period except where reasonably necessary for security, legal compliance, prevention of abuse or other circumstances permitted by applicable law.

7. Orders, Prices and Payment

The price, billing period and main features of a paid Subscription are displayed before the User completes the purchase.

The total amount payable, including applicable taxes and any fees charged by Photo-Pick, will be displayed before the order is submitted.

Prices may be displayed and charged in different currencies depending on the User's location, selected payment method or payment provider used for the transaction.

Payments are processed through payment providers made available by Photo-Pick. Available payment methods may vary by country, currency or payment provider.

A payment provider, card issuer, bank or other financial institution may apply currency conversion rates or additional charges that are outside Photo-Pick's control.

By purchasing a Subscription, the User authorises the applicable payment provider to charge the selected payment method for amounts due under the Subscription, including recurring payments where automatic renewal applies.

If a payment fails or is declined, Photo-Pick or its payment provider may make further reasonable attempts to collect the amount due. Access to paid features may be restricted or suspended if payment remains unsuccessful.

Where a third party acts as the seller or merchant of record for a transaction, this will be indicated during the purchase process, and additional terms of that third party may apply to the payment transaction.

8. Automatic Renewal

Unless otherwise stated at the time of purchase, paid Subscriptions renew automatically at the end of the applicable billing period until cancelled.

The applicable billing period, renewal conditions and Subscription price are displayed before the User completes the purchase.

Photo-Pick will charge the payment method associated with the Subscription for each renewal period unless automatic renewal has been cancelled before the applicable renewal takes effect.

Cancelling automatic renewal before the next renewal takes effect prevents that renewal. Unless otherwise required by applicable law, the User will normally continue to have access to paid features until the end of the Subscription period already paid for.

If a Subscription has already renewed automatically, ordinary cancellation will normally prevent the following renewal and the renewed Subscription will continue until the end of the applicable paid period, unless the User chooses immediate termination under Section 10 or applicable law gives the User a right to terminate the renewed Subscription earlier.

Where applicable law gives a Consumer the right to terminate an automatically renewed Subscription before the end of the renewed billing period, Photo-Pick will permit such termination in accordance with the legally applicable notice period and other requirements.

Where such statutory termination requires reimbursement of fees paid for the period after termination becomes effective, Photo-Pick will refund the corresponding proportionate amount in accordance with applicable law.

Photo-Pick will provide any renewal notices, reminders or other information concerning automatic renewal that are required by applicable law.

9. Price Changes

Photo-Pick may change the prices of paid Subscriptions from time to time.

A price change will not affect a Subscription period that has already been paid for.

If the price of an existing recurring Subscription is increased, Photo-Pick will inform the User in advance before the new price takes effect.

The notice will state the new price and the date from which it will apply.

The User may cancel the Subscription before the new price takes effect. If the Subscription is cancelled, no renewal at the increased price will be charged.

Any price change will apply only to future billing periods and only to the extent permitted by applicable law.

Changes resulting solely from taxes, duties or other mandatory governmental charges may be applied as required by law.

10. Cancellation of Subscriptions

Users may cancel a recurring Subscription at any time using the cancellation functionality provided by Photo-Pick or another cancellation method made available by Photo-Pick.

Subject to the options made available by Photo-Pick and applicable law, a User may:

  • cancel automatic renewal and continue using paid features until the end of the current paid Subscription period; or
  • expressly choose to terminate the Subscription immediately.

If the User cancels automatic renewal, no further renewal will be charged. Unless otherwise required by applicable law, access to paid features will normally continue until the end of the Subscription period already paid for.

If the User expressly chooses immediate termination, access to paid features may end immediately. Unless required by applicable law or expressly agreed otherwise by Photo-Pick, voluntary immediate termination does not entitle the User to a refund or credit for the unused portion of an already-paid Subscription period.

Before voluntary immediate termination is confirmed, Photo-Pick will clearly inform the User that access to paid features may end immediately and that, except where required by applicable law, the unused portion of the paid period will not be refunded solely because the User chooses immediate termination.

The rules above concerning voluntary cancellation do not limit any statutory right a User may have to terminate a Subscription before the end of an already-paid period.

In particular, where applicable law gives a Consumer the right to terminate an automatically renewed Subscription during the renewed period, Photo-Pick will give effect to that termination in accordance with the applicable statutory notice period and other legal requirements.

Where applicable law requires a refund following such statutory termination, Photo-Pick will refund the proportionate amount relating to the period after the termination becomes effective.

Cancellation or termination of a Subscription does not by itself delete the User's Account or Content. Account and Content deletion are governed separately by these Terms.

Cancellation or termination of a Subscription is separate from exercising a statutory right of withdrawal. Applicable withdrawal rights are governed by Section 11, and applicable refund rights are governed by Section 12 and applicable law.

Where required by applicable law, Photo-Pick will provide an online cancellation mechanism and electronic confirmation stating when the Subscription will end.

Statutory rights to terminate a contract for cause, non-conformity, material changes to the Service or other legally recognised reasons remain unaffected.

11. Consumer Right of Withdrawal

Where applicable law provides such a right, Consumers may withdraw from a Subscription contract within 14 days after the contract is concluded without giving any reason.

The statutory withdrawal right is separate from ordinary cancellation of a Subscription under Section 10.

Photo-Pick normally makes paid Subscription features available immediately after the purchase is completed.

Where required by applicable law, before the Service begins during the withdrawal period, the Consumer will be asked to expressly request that Photo-Pick begin providing the Service before the withdrawal period has expired.

If a Consumer exercises the statutory right of withdrawal after expressly requesting that provision of the Service begin during the withdrawal period, the Consumer may, to the extent permitted by applicable law, be required to pay a proportionate amount for the Service provided up to the time of withdrawal.

Any remaining amount that must be refunded following a valid withdrawal will be refunded in accordance with applicable law, normally using the same payment method used for the original transaction unless otherwise agreed.

Exercising the statutory right of withdrawal terminates the affected Subscription. Access to the corresponding paid features may therefore end when the withdrawal becomes effective.

Photo-Pick will provide Consumers with legally required information concerning the right of withdrawal and, where required by applicable law, an electronic means of exercising that right.

Nothing in these Terms restricts or excludes any statutory withdrawal rights available to Consumers under applicable law.

12. Refunds

Except where required by applicable law, cancelling or immediately terminating a Subscription does not automatically entitle the User to a refund of amounts already paid.

Refunds may be provided where:

  • the User validly exercises a statutory right of withdrawal;
  • applicable law gives the User a right to a refund, price reduction or reimbursement because the Service was not provided or did not conform to applicable contractual or legal requirements;
  • Photo-Pick has charged the User incorrectly; or
  • Photo-Pick expressly agrees to provide a refund as a voluntary customer-service measure.

Unless required by applicable law or expressly agreed otherwise by Photo-Pick, no refund will be provided solely because the User no longer wishes to use the Service, has not used the Service, or has chosen to terminate a Subscription before the end of an already-paid billing period.

Where only part of an amount is required to be refunded under applicable law, Photo-Pick may refund the corresponding proportionate amount.

Refunds required by law will be made within the time period prescribed by applicable law. Other refunds voluntarily approved by Photo-Pick will be processed within a reasonable period.

Refunds will normally be made using the same payment method used for the original transaction, unless another method is expressly agreed or applicable law permits otherwise.

Banks, card issuers and payment providers may require additional processing time before a refunded amount appears in the User's account. Currency conversion or other charges imposed independently by such third parties are outside Photo-Pick's control, except to the extent applicable law provides otherwise.

Nothing in this section limits any mandatory refund, price-reduction or other Consumer rights available under applicable law.

13. Downgrades and Expired Subscriptions

When a paid Subscription ends, expires or is cancelled, the Account may be downgraded to a free plan, if a free plan is available.

Following a downgrade, features available only under a paid plan may become unavailable, restricted or subject to the limits of the applicable free plan.

If the Account contains more Albums, Content, storage or other resources than permitted under the applicable plan, Photo-Pick may restrict the creation of new Albums, new uploads or other functionality until the Account is brought within the applicable limits or the User activates an appropriate paid plan.

The end of a paid Subscription does not necessarily result in the immediate deletion of the User's Account or Content.

However, Photo-Pick is not required to store Content indefinitely after the Subscription has ended where the Account exceeds applicable plan limits or continued storage is no longer provided under applicable retention rules.

Where Photo-Pick intends to delete Content solely because a Subscription has ended or the Account exceeds applicable storage or plan limits, Photo-Pick will provide reasonable advance notice and an opportunity to preserve the affected Content where reasonably practicable and where required by applicable law.

Users are responsible for downloading and independently preserving Content they wish to keep, particularly before downgrading, closing an Account or allowing a paid Subscription to expire.

Any statutory rights to obtain User-provided Content following termination of a digital service remain unaffected.

14. Account and Content Deletion

Users may delete individual Content, Albums or their Account using deletion functionality made available by Photo-Pick, where available.

Deleting an Account may result in the permanent deletion of Albums, Content and other data associated with that Account. Users should download any Content they wish to retain before confirming Account deletion.

Once deletion has been confirmed, the affected Account or Content may become inaccessible immediately and the deletion process may be irreversible.

Deleted Content and Account data will be removed from Photo-Pick's active systems in accordance with technical deletion procedures and applicable law.

Residual copies may remain temporarily in backups, disaster-recovery systems, security logs or other technically isolated systems until those copies are deleted or overwritten in accordance with normal retention and backup cycles.

Data retained only in backups or similar systems will not normally be restored to active use except where reasonably necessary for disaster recovery, security, legal compliance or similar legitimate purposes.

Certain information may be retained after Account deletion where retention is required or permitted by applicable law, including for accounting, tax, fraud prevention, security, dispute resolution or the establishment, exercise or defence of legal claims.

Statutory rights relating to deletion of personal data remain unaffected.

15. Inactive Accounts and Albums

Photo-Pick may apply inactivity and data-retention rules to free Accounts, Albums and Content.

An Account or Album may be considered inactive based on factors such as the absence of Account activity, access to Albums or other meaningful use of the Service over an extended period.

Photo-Pick may delete inactive Albums or Content where continued storage is no longer provided under the applicable free plan or data-retention rules.

Before Content is permanently deleted solely because of inactivity, Photo-Pick will provide reasonable advance notice to the email address associated with the Account, where such an address is available.

The notice may specify a period during which the User can keep the affected Content by accessing the Service, downloading the Content, upgrading the Account or taking another action indicated in the notice.

If the User does not take the required action within the stated period, the affected Content may be permanently deleted and may no longer be recoverable.

Photo-Pick is not required to delete an inactive Account merely because it contains no Albums or Content and may retain such an Account in accordance with applicable data-protection and retention requirements.

Current inactivity periods and retention rules may be described separately within the Service, Help Centre, Data Retention Policy or related documentation.

Photo-Pick may change such periods from time to time. Where a change materially reduces the period before stored Content may be deleted, reasonable advance notice will be provided where practicable and required by applicable law.

16. Ownership of User Content

Photo-Pick does not claim ownership of Content uploaded, stored or shared by Users through the Service.

Any ownership and intellectual property rights in User Content remain with the User or the applicable rights holder.

By uploading, storing or otherwise providing Content through the Service, the User grants Photo-Pick a non-exclusive, worldwide, royalty-free licence to host, store, copy, reproduce, process, transmit and display that Content solely to the extent reasonably necessary to provide, operate, maintain, secure and technically improve the Service.

This licence includes, where technically necessary, the right to:

  • store and create technical copies of Content;
  • resize, compress or otherwise optimise photos and supported files;
  • generate thumbnails, previews and other technical derivatives;
  • encode, transcode or otherwise process videos and supported media;
  • deliver Content through hosting providers, content delivery networks and other infrastructure used to provide the Service;
  • display and make Content available to persons authorised through the User's sharing and Album settings;
  • create and maintain backups and disaster-recovery copies; and
  • perform technical operations reasonably necessary for security, troubleshooting and prevention of abuse.

Photo-Pick may permit service providers and technical infrastructure providers to perform these operations on its behalf only to the extent reasonably necessary to provide the Service.

This licence does not give Photo-Pick the right to sell User Content, use it to advertise unrelated products or services, or independently make it public contrary to the User's chosen sharing settings unless the User has separately agreed to such use.

The licence ends when the relevant Content is permanently deleted from the Service, except to the extent temporary copies remain in backups or other systems under applicable retention procedures or continued retention is required or permitted by law.

17. Rights and Permissions for Uploaded Content

Users may upload, store and share Content through Photo-Pick only if they have the rights, permissions and other legal authority necessary to do so.

By providing Content through the Service, the User confirms that, to the extent required by applicable law:

  • the User owns the Content or has obtained the necessary permission from the applicable rights holder;
  • the User is authorised to grant Photo-Pick the licence described in Section 16;
  • uploading, storage, processing and sharing of the Content does not unlawfully infringe copyrights, trademarks, privacy rights, personality rights, publicity rights or other rights of third parties; and
  • where Content contains identifiable persons, the User has any consent, permission or other lawful basis required for the intended use and sharing.

Users are responsible for selecting appropriate Album and sharing settings in accordance with the permissions and rights they have obtained.

Photo-Pick does not independently verify ownership, copyright status, consent or other permissions for every item of Content uploaded by Users.

If a User becomes aware that Content may infringe another person's rights or may no longer be lawfully shared, the User should remove the Content, restrict access or otherwise take appropriate action without undue delay.

18. Guest Uploads and Collaborative Albums

Photo-Pick may allow an Account holder to permit other Users to upload photos, videos or other supported Content to an Album.

The Account holder controls whether guest uploads or other collaborative features are enabled and is responsible for choosing whom to invite or provide with access.

A Guest User who uploads Content is subject to the provisions of these Terms concerning User Content, prohibited Content, intellectual property rights and lawful use of the Service.

By uploading Content, a Guest User confirms that they have the rights, permissions and legal authority necessary to upload and share that Content.

Content uploaded by a Guest User may become part of the relevant Album and may remain stored there even if the Guest User later loses access, unless deleted by an authorised User, Photo-Pick or as otherwise required by applicable law.

The Account holder or other authorised Users may be able to view, manage, download or delete Content uploaded by Guest Users depending on the permissions and features available for the Album.

Photo-Pick may restrict or disable guest-upload functionality where reasonably necessary for security, prevention of abuse, enforcement of these Terms or compliance with applicable law.

An Account holder is not automatically responsible for unlawful or unauthorised Content independently uploaded by another User merely because it was uploaded to their Album. This does not affect responsibility arising under applicable law from the Account holder's own actions or omissions.

19. Shared Links and Album Access

Photo-Pick may allow Users to share Albums or Content through shared links, invitations, passwords or other access mechanisms.

The User who creates or manages an Album is responsible for selecting appropriate sharing and access settings and deciding whom to provide with access.

Where an Album is accessible through a shared link without additional authentication, any person who obtains that link may be able to access the Album until access is restricted, the link is disabled or the Album is deleted.

Users should share Album links, passwords and other access information only with persons whom they intend to grant access.

Photo-Pick cannot control further distribution of a shared link, password or Content by a person who has legitimately received access.

A person with authorised access may also be able to download, save, copy, capture or otherwise retain Content where the applicable settings and technical functionality permit this. Removing access later may not remove copies previously obtained or independently retained by that person.

Users must not attempt to access Albums, Content or Accounts for which they have not been granted permission, including by circumventing passwords, access restrictions or security measures.

Nothing in this section limits Photo-Pick's obligations concerning security of the Service or protection of personal data under applicable law.

20. Prohibited Content

Users must not upload, store, share or otherwise use Photo-Pick to make available Content that is unlawful or violates these Terms.

In particular, Users must not use the Service for Content that:

  • violates applicable criminal, civil or other laws;
  • infringes copyrights, trademarks or other intellectual property rights;
  • unlawfully violates another person's privacy, data-protection, personality or image rights;
  • contains child sexual abuse material or otherwise depicts or facilitates sexual exploitation or abuse of minors;
  • contains intimate or sexually explicit images of another person shared without the consent or other lawful basis required for such sharing;
  • contains pornography, sexually explicit material or explicit nudity of a sexual nature;
  • unlawfully threatens, harasses, stalks or targets another person;
  • unlawfully promotes, facilitates or provides instructions for serious criminal activity;
  • is used for fraud, phishing, identity theft, unlawful impersonation or other deceptive or unlawful activity;
  • contains malware, malicious code or other material intended to damage, disrupt, compromise or gain unauthorised access to systems, Accounts or data; or
  • is otherwise illegal to upload, store, process, transmit or share through the Service under applicable law.

Except for Content expressly prohibited by this section, Content is not prohibited merely because it depicts a controversial, sensitive or potentially unlawful event, provided that the Content itself and its use through the Service are lawful.

Photo-Pick may restrict access to, disable or remove Content where Photo-Pick reasonably believes that it violates these Terms or applicable law.

21. Prohibited Use of the Service

Users must use Photo-Pick only for lawful purposes and in a manner that does not interfere with the security, integrity, availability or normal operation of the Service.

Users must not:

  • attempt to gain unauthorised access to Accounts, Albums, Content, servers, systems or networks;
  • circumvent passwords, access controls, security measures, Subscription restrictions, storage limits, upload limits or other technical restrictions;
  • interfere with, disrupt, overload, damage or impair the Service or infrastructure used to provide it;
  • probe, scan or test the vulnerability of the Service without prior authorisation;
  • introduce malware, malicious code, viruses, ransomware or other harmful components;
  • use the Service for phishing, spam, fraud, credential harvesting, unlawful impersonation or other deceptive activity;
  • use automated tools, bots, crawlers, scrapers or similar systems in a manner that places unreasonable load on the Service, circumvents restrictions or is otherwise unauthorised;
  • systematically extract, copy or collect data or Content except through functionality expressly provided or authorised by Photo-Pick;
  • reverse engineer, decompile or otherwise attempt to derive source code except to the extent permitted by applicable law;
  • use another person's Account or credentials without authorisation;
  • use the Service in a manner intended to avoid payment for features requiring a paid Subscription;
  • sell, rent, sublicense or commercially resell access to an Account or the Service without Photo-Pick's express authorisation; or
  • knowingly assist another person in carrying out activities prohibited by this section.

This section does not prohibit APIs, integrations, automation tools or other functionality expressly provided or authorised by Photo-Pick when used in accordance with applicable documentation and limits.

22. Content Moderation and Illegal Content

Photo-Pick does not routinely review or approve all Content before it is uploaded, stored or shared through the Service.

Photo-Pick may review, investigate or take action in relation to Content or User activity where:

  • a report or complaint is received;
  • Photo-Pick becomes aware that Content may be illegal or violate these Terms;
  • automated or technical security systems identify possible abuse, malware, fraud or another violation;
  • action is reasonably necessary to protect Users, third parties or the Service; or
  • Photo-Pick is required to act under applicable law or a legally binding order.

Depending on the circumstances, Photo-Pick may:

  • restrict access to Content;
  • disable a shared link or access mechanism;
  • remove Content;
  • restrict uploading, sharing or other functionality;
  • temporarily suspend an Account or part of the Service;
  • terminate an Account in serious or repeated cases; or
  • take another measure reasonably necessary to comply with law or protect the Service and its Users.

Photo-Pick will seek to apply such measures reasonably and proportionately, taking into account the nature, seriousness and frequency of the violation.

Where required by applicable law, Photo-Pick will provide the affected User with information about a restriction, the main reasons for the decision and available means of redress.

Photo-Pick may use human review and automated technical systems for purposes such as reviewing reports, detecting malware or spam, preventing fraud, protecting the security of the Service and identifying possible abuse or violations of these Terms.

Nothing in this section creates a general obligation for Photo-Pick to monitor all User Content or actively search for unlawful activity except where required by applicable law.

23. Reporting Illegal or Infringing Content

Any person or entity may notify Photo-Pick of Content available through the Service that they believe to be illegal or to infringe their rights.

Reports may be submitted using reporting functionality made available through Photo-Pick or another electronic reporting channel designated by Photo-Pick.

A report should contain, where applicable:

  • a sufficiently detailed explanation of why the Content is considered illegal or rights-infringing;
  • sufficient information to identify and locate the relevant Content, such as an Album link, Content link, URL or other identifying information;
  • the name and email address of the reporting person or entity, except where applicable law permits or requires a report without such identification; and
  • a statement confirming a good-faith belief that the information provided is accurate and complete.

Photo-Pick may request additional information reasonably necessary to identify the Content or assess the report.

Where required by applicable law, Photo-Pick will acknowledge receipt and inform the reporting person of the decision and available means of redress.

Submitting a report does not guarantee that Content will be removed or restricted.

Persons submitting reports must not knowingly provide false, misleading or abusive notices or misuse the reporting system to interfere with lawful Content or Users.

24. Intellectual Property Rights in Photo-Pick

The Service, including its software, source and object code, design, user interface, layout, graphics, text, documentation, databases, logos, trade names and other materials provided by Photo-Pick, is owned by Photo-Pick or its licensors and is protected by applicable intellectual property laws.

These Terms do not transfer to the User any ownership or intellectual property rights in Photo-Pick or the Service.

Subject to these Terms, Photo-Pick grants the User a limited, non-exclusive, non-transferable and non-sublicensable right to access and use the Service for its intended purposes while the User is entitled to use it.

Except where expressly permitted by Photo-Pick or applicable law, Users must not copy, reproduce, modify, distribute, commercially exploit or create derivative works from protected Photo-Pick software or materials, remove proprietary notices or misuse Photo-Pick's branding.

Third-party or open-source software incorporated into the Service may be subject to separate licence terms.

User Content remains subject to the User Content provisions of these Terms and does not become the property of Photo-Pick merely because it is uploaded to the Service.

25. Feedback and Suggestions

Users may voluntarily provide Photo-Pick with feedback, suggestions, ideas, feature requests or other comments concerning the Service.

Unless otherwise expressly agreed in writing, such feedback is provided without any obligation on Photo-Pick to implement it, compensate the User or treat it as confidential.

The User grants Photo-Pick a non-exclusive, worldwide, perpetual and royalty-free right to use, reproduce, modify and otherwise use such feedback for developing, improving, operating or promoting the Service.

This section applies only to feedback about the Service and does not transfer ownership of photos, videos or other User Content to Photo-Pick.

26. Third-Party Services and Service Providers

Photo-Pick may use third-party service providers and technical infrastructure to operate and provide the Service.

Such providers may include providers of hosting, cloud storage, content delivery, email delivery, payment processing, video processing, analytics, security, monitoring and other technical or operational services.

Where third-party providers process personal data on behalf of Photo-Pick, Photo-Pick will use such providers in accordance with applicable data-protection requirements.

Information about processing of personal data by or through third-party providers is provided in the Photo-Pick Privacy Policy and related documentation where applicable.

Certain payment, integration or external services may be provided directly by independent third parties and may be subject to their own terms and privacy policies.

Photo-Pick may change its service providers or technical infrastructure from time to time in accordance with applicable contractual and legal requirements.

Photo-Pick is not responsible for the independent operation, content or services of third-party websites or services that are not operated on Photo-Pick's behalf.

Where a third-party service is necessary for operation of Photo-Pick, this section does not exclude or limit responsibility that Photo-Pick has under these Terms or applicable law.

27. Service Availability and Maintenance

Photo-Pick aims to provide the Service reliably and continuously but does not guarantee that it will be available without interruption, delay or error at all times.

The Service may be temporarily affected by:

  • scheduled or emergency maintenance;
  • software updates or deployment of new functionality;
  • security measures or incident response;
  • technical or infrastructure failures;
  • failures affecting third-party service providers;
  • internet, telecommunications or power outages; or
  • other circumstances reasonably affecting operation of the Service.

Photo-Pick may perform maintenance, updates and technical changes where reasonably necessary to operate, secure, maintain or improve the Service.

Where reasonably practicable, Photo-Pick will seek to minimise disruption from planned maintenance and may provide advance notice of significant expected interruptions.

Photo-Pick may temporarily restrict access without prior notice where immediate action is reasonably necessary for security, stability, prevention of abuse, emergency maintenance or legal compliance.

Users should not rely on Photo-Pick as the sole means of accessing time-critical or irreplaceable Content.

Nothing in this section excludes or limits Photo-Pick's obligations concerning conformity, continuity, functionality, security or availability of digital services under mandatory applicable law.

28. Changes to Features and the Service

Photo-Pick may update, modify, replace or discontinue individual features, technical components, interfaces or other aspects of the Service where reasonably necessary.

Changes necessary to maintain conformity, security, functionality or compatibility of the Service, including security updates, bug fixes and technical maintenance, may be made as required.

Photo-Pick may also make changes for valid reasons, including:

  • adapting the Service to new technologies, operating systems, browsers, devices or file formats;
  • adapting to changes in User numbers, usage levels, storage, traffic or technical requirements;
  • improving functionality, performance, reliability, usability or accessibility;
  • introducing, improving, replacing or reorganising features;
  • correcting errors, vulnerabilities or technical limitations;
  • improving security, privacy, fraud prevention or protection against abuse;
  • complying with legal, regulatory or binding governmental requirements;
  • adapting to changes in third-party services, infrastructure or dependencies; or
  • other important technical or operational reasons materially affecting continued operation of the Service.

Changes to an existing Consumer contract under this section will not result in additional charges unless the Consumer separately agrees to purchase an additional or different paid service.

Photo-Pick will inform Users of relevant changes clearly and understandably where required by applicable law.

If a change materially and negatively affects a Consumer's ability to access or use the Service, Photo-Pick will provide advance notice on a durable medium where required by law, describing the change, its effective date and applicable statutory rights.

Where applicable law gives a Consumer a right to terminate the contract because of such a change, the Consumer may exercise that right without additional charge within the applicable statutory period.

Such a termination right may not apply where the negative effect is only minor or Photo-Pick enables continued use of the unchanged Service without additional cost as permitted by applicable law.

29. Suspension and Termination by Photo-Pick

Photo-Pick may restrict, suspend or terminate a User's access to all or part of the Service where reasonably necessary.

Such measures may be taken in particular where:

  • the User materially or repeatedly violates these Terms;
  • the User uploads, stores or shares illegal or prohibited Content;
  • the Service is used for fraud, abuse, unauthorised access, malicious activity or other unlawful purposes;
  • the User attempts to circumvent Subscription requirements, technical restrictions or security measures;
  • payment for a paid Subscription remains overdue or repeatedly fails;
  • the Account, Content or activity presents a material security risk;
  • Photo-Pick is required to act by applicable law or a legally binding order;
  • continued provision of the Service has become unlawful or technically impossible; or
  • another serious reason makes continued provision unreasonable.

Where a violation can reasonably be remedied and circumstances do not require immediate action, Photo-Pick may first notify the User and provide a reasonable opportunity to correct the violation.

Immediate action may be taken without prior notice where reasonably necessary, including for illegal Content, serious infringement of third-party rights, fraud, malware, hacking, significant security risks, serious or repeated abuse, attempts to evade restrictions or a legal obligation requiring immediate action.

Measures may include restricting features, disabling uploads or sharing, restricting access to Content, temporarily suspending an Account or terminating it entirely.

Photo-Pick will seek to apply restrictions reasonably and proportionately.

Where required by applicable law, Photo-Pick will provide the affected User with the main reasons for the restriction and information about available means of redress.

Mandatory Consumer rights arising from termination remain unaffected.

30. User Data After Termination

The consequences of termination depend on the type of termination and the circumstances in which access to the Service ends.

Cancellation or expiry of a paid Subscription does not necessarily result in deletion of the Account or Content. Where applicable, the Account may instead be downgraded under Section 13.

Where an Account or the User's access to the Service is terminated entirely, access to Albums, Content and associated data may cease.

Users should download Content they wish to retain before voluntarily deleting an Account or otherwise ending use of the Service where an opportunity to do so is available.

Where applicable law gives a Consumer the right to obtain Content supplied or created through the Service following termination, Photo-Pick will provide eligible Content upon request, free of charge, without unreasonable hindrance, within a reasonable period and in a commonly used and machine-readable format.

Such a right may not apply to Content that has no utility outside the Service, relates only to activity within the Service, has been inseparably aggregated with other data or otherwise falls within a statutory exception.

Content created jointly with other Users may continue to be available to those Users where permitted by applicable law.

Where an Account has been suspended or terminated for security concerns, illegal activity or serious violation of these Terms, Photo-Pick may restrict direct Account access while providing any legally required access to or export of Content through another appropriate method.

After applicable retention periods expire, Content may be permanently deleted in accordance with Photo-Pick's deletion and retention procedures.

31. Privacy and Personal Data

Photo-Pick processes personal data in accordance with applicable data-protection laws and the Photo-Pick Privacy Policy.

The Privacy Policy explains, among other things, what personal data Photo-Pick processes, for which purposes and legal bases, how long data may be retained, with whom it may be shared and what rights individuals may have.

Users who upload, store or share Content containing personal data of other persons are responsible for ensuring that they have any legal basis, permission or other authority required for such processing and use.

Depending on the circumstances and processing activity, Photo-Pick may process personal data as a controller or, where applicable, as a processor acting on behalf of a Business User or another controller.

Where Photo-Pick processes personal data on behalf of a Business User and applicable law requires a data-processing agreement, such processing will be governed by the applicable Data Processing Agreement or other legally required arrangement.

Business Users are responsible for determining whether their use of Photo-Pick requires additional data-protection arrangements and for complying with their own obligations where applicable.

32. Security

Photo-Pick implements reasonable technical and organisational measures designed to protect the Service, Accounts and personal data against unauthorised access, loss, misuse, alteration, disclosure or destruction.

Such measures may include access controls, encryption, monitoring, logging, backups, security updates and other safeguards appropriate to the nature of the Service and risks involved.

No internet-based service or method of electronic storage can guarantee complete security. Photo-Pick therefore does not guarantee that unauthorised access, security incidents or data loss can never occur.

Users are responsible for taking reasonable steps to protect their Accounts, credentials, Album links, passwords and other access information.

Users must notify Photo-Pick without undue delay if they become aware of or reasonably suspect a security incident affecting their Account or the Service.

Photo-Pick may take reasonable protective measures, including temporarily restricting access, resetting credentials, disabling links or suspending functionality, to investigate or contain a security incident.

Where a security incident gives rise to obligations under applicable law, Photo-Pick will comply with those obligations.

33. Liability

Photo-Pick is liable without limitation where liability is required by applicable law and cannot lawfully be excluded or limited.

In particular, Photo-Pick is liable without limitation for:

  • damage caused intentionally or by gross negligence;
  • injury to life, body or health caused by negligence or intentional misconduct;
  • liability arising from an expressly assumed guarantee;
  • claims under mandatory product-liability or similar statutory provisions, where applicable; and
  • other liability that cannot lawfully be excluded or limited.

In cases of ordinary negligence, Photo-Pick is liable only for breach of an essential contractual obligation where fulfilment of that obligation is necessary for proper performance of the contract and the User may regularly rely on its fulfilment.

In such cases, liability is limited, to the extent permitted by law, to damage reasonably foreseeable and typical for the relevant contract at the time it was concluded.

Subject to the above rules, Photo-Pick is not liable for damage caused solely by circumstances for which Photo-Pick is not responsible, including the User's disclosure of credentials or access information, unlawful actions of another User or third party, User-controlled changes to Content, or failure by the User to retain independent copies of original or important Content.

Where loss of data is caused by Photo-Pick through ordinary negligence and liability exists under this section, liability may, to the extent permitted by law, be limited to reasonable costs normally required to restore the data from appropriate backup copies.

Nothing in this section limits mandatory remedies or rights available to Consumers in connection with digital services.

34. Additional Liability Rules for Business Users

The following limitations apply only to Business Users and only to the extent permitted by applicable law.

They do not apply to liability that is unlimited under Section 33.

Subject to Section 33, Photo-Pick is not liable to a Business User for indirect or consequential losses that were not reasonably foreseeable as a typical consequence of the relevant breach.

In particular, to the extent permitted by law, Photo-Pick is not liable for loss of profit, revenue, business opportunities, anticipated savings, goodwill, reputation or business interruption.

Except for liability that cannot lawfully be limited and subject to Section 33, Photo-Pick's aggregate liability to a Business User arising out of or in connection with the Service during any 12-month period is limited to the total Subscription fees actually paid by that Business User during the 12 months immediately preceding the event giving rise to the claim.

If the relevant paid Service has been used for less than 12 months, the cap is based on fees actually paid during that shorter period.

If the Business User uses only a free plan and has paid no Subscription fees, contractual liability that may lawfully be limited is limited to EUR 100 in aggregate.

Business Users are responsible for maintaining appropriate independent backups, business-continuity arrangements and safeguards suitable for professional use of the Service.

35. Responsibility of Business Users for Third-Party Claims

This section applies only to Business Users and to the extent permitted by applicable law.

A Business User is responsible for third-party claims, losses and reasonable costs, including reasonable legal costs, incurred by Photo-Pick to the extent that they result directly from:

  • Content provided by the Business User in violation of law or third-party rights;
  • failure to obtain required rights, licences, permissions or lawful bases for Content or personal data;
  • material violation of these Terms;
  • intentional or negligent misuse of the Service; or
  • unlawful instructions or actions causing Photo-Pick to become subject to a third-party claim.

This responsibility applies only to the extent that the Business User is legally responsible for the circumstances giving rise to the claim.

Photo-Pick will inform the Business User within a reasonable period after becoming aware of a material claim for which reimbursement is sought, unless law, a binding order or legitimate confidentiality or security considerations prevent such notification.

Photo-Pick will take reasonable steps to avoid or mitigate unnecessary losses and costs.

The Business User will provide reasonable cooperation and relevant information available to it where reasonably necessary to address the claim.

The Business User is not responsible under this section for claims caused by Photo-Pick's own breach, unlawful conduct or circumstances for which Photo-Pick is legally responsible.

36. Events Beyond Reasonable Control

Photo-Pick is not responsible for a delay or failure to perform contractual obligations to the extent caused by circumstances beyond Photo-Pick's reasonable control that could not reasonably have been prevented or overcome.

Such circumstances may include:

  • natural disasters, fires, floods or severe weather events;
  • war, terrorism, civil unrest or similar major disturbances;
  • epidemics, pandemics or comparable public-health emergencies;
  • large-scale power, internet, telecommunications or infrastructure outages;
  • major cyberattacks or serious security incidents not caused by Photo-Pick's failure to take legally required or reasonable security measures;
  • governmental actions, sanctions, legal restrictions or binding orders;
  • major labour disruptions outside Photo-Pick's reasonable control; or
  • comparable extraordinary events outside Photo-Pick's reasonable control.

Photo-Pick will take reasonable steps to limit the effects of such events and resume normal provision of the Service when reasonably possible.

Obligations affected by such events may be suspended or delayed only for the period and to the extent performance is prevented or materially impaired.

This section does not excuse payment obligations for Services already properly provided and does not permit Photo-Pick to rely on circumstances within its reasonable control.

Mandatory Consumer rights remain unaffected.

37. Changes to These Terms

Photo-Pick may amend these Terms from time to time where there is a valid reason for doing so.

Valid reasons may include:

  • changes to laws, regulations, court decisions or regulatory requirements;
  • changes to the Service, technology, infrastructure or business processes;
  • changes necessary for security, prevention of abuse or new risks;
  • changes to payment, Subscription or technical processes;
  • clarification of provisions or correction of errors or ambiguities;
  • new products, features or methods of providing the Service; or
  • comparable legal, technical or operational reasons.

Purely editorial changes, corrections of obvious errors or changes that do not materially affect User rights or obligations may take effect when published.

If a change materially affects existing Users' rights or obligations, Photo-Pick will provide reasonable advance notice where required by applicable law, for example by email or through the Service.

Where applicable law requires express consent to a change to an existing contract, the change will not become binding solely because the User continues to use the Service. Photo-Pick will obtain the required consent or use another legally permitted procedure.

Where applicable law permits an amendment without express consent, Photo-Pick may apply the amended Terms in accordance with applicable requirements and safeguards.

Changes to features or functionality of the Service are additionally governed by Section 28 and applicable mandatory law.

38. Electronic Communications

Photo-Pick may communicate with Users electronically in connection with the Service, including by email, notifications within the Service or other electronic means made available by Photo-Pick.

Such communications may include contractual information, Subscription notices, payment information, security notifications, changes to the Service or these Terms and other Account-related information.

Users are responsible for keeping the email address associated with their Account accurate and up to date and for reasonably ensuring that communications from Photo-Pick can be received.

Where applicable law requires information to be provided on a durable medium, Photo-Pick will provide it in a form satisfying the applicable requirements, such as by email or another suitable electronic method.

A notice displayed only temporarily within the Service will not replace a durable medium where applicable law specifically requires one.

39. Governing Law

These Terms and the contractual relationship between Photo-Pick and the User are governed by the laws applicable at Photo-Pick's registered place of business, as identified in Photo-Pick's legal information, without regard to conflict-of-law rules that would result in the application of another law.

If the User is a Consumer, this choice of law does not deprive the Consumer of protection provided by mandatory provisions of the law of the country in which the Consumer has their habitual residence, where such protection applies under applicable conflict-of-law rules.

Nothing in this section limits mandatory Consumer rights that apply regardless of the chosen governing law.

40. Jurisdiction

If the User is a Consumer, the courts having jurisdiction are determined by applicable mandatory rules of jurisdiction.

Nothing in these Terms requires a Consumer to bring proceedings exclusively before the courts at Photo-Pick's registered place of business where applicable law gives the Consumer the right to bring proceedings before another competent court.

If the User is a Business User, the courts at Photo-Pick's registered place of business will have exclusive jurisdiction over disputes arising out of or in connection with these Terms or the Service, to the extent that such a jurisdiction agreement is legally permitted.

Nothing in this section affects mandatory or exclusive jurisdiction established by applicable law.

41. Severability

If any provision of these Terms is found to be invalid, ineffective or unenforceable, the remaining provisions will remain in effect to the extent permitted by applicable law.

To the extent that an invalid or ineffective provision does not form part of the contract, applicable statutory provisions will apply in its place.

The entire contract will be affected only where maintaining the remainder would be legally impermissible or result in unreasonable hardship under applicable law.

Nothing in this section is intended to preserve, modify or replace an invalid provision in a manner that circumvents mandatory law.

42. No Waiver

A failure or delay by Photo-Pick in exercising any right, remedy or entitlement under these Terms does not constitute a waiver of that right.

Exercise of a right or remedy in one particular case does not prevent Photo-Pick from exercising the same or another right or remedy later.

A waiver is effective only where expressly made by Photo-Pick and only to the extent and in the circumstances for which it is given.

43. Transfer of the Agreement

Photo-Pick may transfer or assign its rights under these Terms to another person or entity where permitted by applicable law.

Photo-Pick may also transfer the contractual relationship relating to the Service as part of a merger, acquisition, corporate restructuring, sale or transfer of the Photo-Pick business, transfer of the Service to another operator or another comparable transaction.

Any such transfer will be carried out only to the extent permitted by applicable law and will not reduce mandatory rights of Consumers.

Where required by law, Photo-Pick will inform affected Users and provide any required information, consent mechanism or termination right.

A User may not transfer or assign their Account, Subscription or contractual rights and obligations to another person without Photo-Pick's prior consent, except where permitted by applicable law.

This section does not prevent Users from granting other persons access to Albums or collaborative features using functionality provided by Photo-Pick.

44. Entire Agreement and Contract Documents

The contractual relationship between Photo-Pick and the User is governed by these Terms together with the specific information and conditions applicable to the Service or Subscription selected by the User.

Depending on the circumstances, the contract may also include:

  • pricing and Subscription information presented at the time of purchase;
  • additional terms expressly identified as applying to a particular feature, service or offer;
  • any applicable Data Processing Agreement or other separately agreed contractual document; and
  • any individual agreement expressly made between Photo-Pick and the User.

In the event of a conflict between these Terms and an individually agreed contractual provision, the individually agreed provision will prevail to the extent required by applicable law.

Mandatory pre-contractual information, statutory disclosures and other information that forms part of the contract under applicable law remain unaffected.

Marketing materials, general descriptions, help articles and other informational content do not create additional contractual guarantees unless expressly incorporated into the contract or binding under applicable law.

Provisions of these Terms which by their nature are intended to continue after termination or expiry of the contractual relationship will remain effective to the extent applicable.

This may include provisions concerning accrued payment obligations, intellectual property rights, responsibility for third-party claims, liability, governing law and jurisdiction.

45. Contact

Questions concerning these Terms, the Service, an Account or a Subscription may be directed to Photo-Pick at:

contact@photo-pick.com

Reports concerning allegedly illegal or rights-infringing Content should be submitted using the reporting mechanism made available by Photo-Pick or another reporting channel designated for that purpose.

Where applicable law requires Photo-Pick to provide additional legal, company or contact information, such information will be made available through Photo-Pick's legal information or imprint.


Last Updated: 22 September 2026