Terms of Service - PhotoCloud

Welcome to PhotoCloud.art ("PhotoCloud", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and services (collectively, the "Service").

Please read these Terms carefully before using PhotoCloud. By creating an account or using any part of the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using PhotoCloud, you confirm that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are using PhotoCloud on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

PhotoCloud is an online gallery platform that allows photographers to upload, organize, share, and deliver photographs to their clients. Features include gallery creation, client selection and favoriting, download management, password protection, and branding customization, depending on your subscription plan.

3. Account Registration

To use PhotoCloud, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your password secure and confidential
Accept responsibility for all activities that occur under your account

4. Your Content

You retain full ownership of all photographs and other content you upload to PhotoCloud ("Your Content"). We do not claim any intellectual property rights over Your Content.

By uploading content, you grant PhotoCloud a limited, non-exclusive, worldwide license to store, process, display, and transmit Your Content solely for the purpose of providing the Service to you and your designated clients. This license terminates when you delete Your Content or close your account.

You are solely responsible for Your Content. You represent and warrant that you own or have the necessary rights and permissions to upload and share Your Content, and that Your Content does not infringe on the intellectual property or other rights of any third party.

5. Acceptable Use

You agree not to use PhotoCloud to:

Upload, share, or distribute content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
Infringe on the intellectual property rights of others
Transmit malware, viruses, or other harmful code
Attempt to gain unauthorized access to our systems or other users' accounts
Use the Service for any unlawful purpose or in violation of any applicable laws
Resell, sublicense, or commercially exploit the Service without our written permission

6. Payment and Billing

PhotoCloud offers both free and paid subscription plans. Paid plans are billed on a monthly or annual basis, depending on your selection. All fees are stated in your chosen currency at the time of purchase and are non-refundable except as required by applicable law.

You authorize us to charge your chosen payment method for recurring subscription fees. If payment fails, we may suspend access to paid features until the outstanding balance is resolved.

We reserve the right to change our pricing with reasonable advance notice. Price changes will not affect your current billing cycle but will apply upon renewal.

7. Termination

You may cancel your account at any time through your account settings. Upon cancellation, your access to paid features will continue until the end of your current billing period. After that, your account will revert to the free plan or be deactivated.

We may suspend or terminate your account if you violate these Terms, engage in activity that harms the Service or other users, or fail to pay applicable fees. We will make reasonable efforts to notify you before termination, except where immediate action is necessary to protect the Service.

8. Disclaimers

PhotoCloud is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We are not responsible for any loss of data, although we take reasonable measures to prevent such losses.

9. Limitation of Liability

To the maximum extent permitted by applicable law, PhotoCloud and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of or inability to use the Service. Our total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid to PhotoCloud in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless PhotoCloud and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any rights of a third party.

11. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of PhotoCloud after such changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you should stop using the Service.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PhotoCloud operates, without regard to its conflict-of-law provisions. Any disputes arising under these Terms shall be resolved in the competent courts of that jurisdiction.

13. Contact Us

If you have questions about these Terms of Service, please contact us at:

support@photocloud.art