The agreement
These terms are between you and the operator of Fotoloft (“the Fotoloft team”, “we”), at fotoloft.app. Creating an account means accepting them, together with the Privacy Policy and, for your clients’ data, the Data Processing Agreement, which forms part of these terms. If you accept on behalf of a business, you confirm you may bind it.
Who can use Fotoloft
Fotoloft is made for photographers and studios running a business. You must be at least 16 and old enough to enter a contract where you live. If you use Fotoloft as a consumer, the rights consumer law gives you where you live apply in full, whatever these terms say.
What the service is
A public booking page where your clients pick a time, a calendar and job list on your side, and private galleries for delivering photographs. Clients need no account to book or to receive their photos.
Your account and your team
- Give accurate details and keep your email address current. It is how we reach you, and how you get back in.
- Your credentials are yours to look after. Tell us promptly if you think someone else has them.
- You decide who joins your studio, and you are responsible for what they do in it.
Plans and payment
- Every account starts on the Free plan: 5 GB, with no card needed and no end date.
- Paid plans are billed in advance through our payment provider, currently Lemon Squeezy, who acts as merchant of record: they take the payment, issue the invoice and handle any sales tax or VAT. Their terms govern the payment itself.
- A subscription renews automatically until you cancel it. You can change or cancel your plan whenever you like; cancelling stops the next payment and the plan runs to the end of the period you paid for. We do not refund the current period, except where these terms or the law say otherwise.
- If we change the price of a plan you are on, we will tell you by email at least 30 days before it applies to you, and you can cancel before then.
- If a payment fails we will tell you. When a paid plan ends, the account goes back to the Free plan with 5 GB. If it holds more than that, new uploads stop; after 7 days its galleries are paused for clients, and after 30 days its oldest galleries are deleted, with their photos, until it is under 5 GB. Getting under 5 GB or choosing a plan ends this at once, and we tell you every date by email and in your studio.
- A full export of your originals is free on every plan. We would rather you could always leave with your work.
Your photographs stay yours
You keep every right in the work you upload. To run the service you give us a non-exclusive, worldwide, royalty-free permission to store your files, make copies and smaller versions of them, and show and deliver them to you, your team and the people you share them with, through the providers listed in the Privacy Policy. It lasts as long as the files are stored with us and ends when you delete them, apart from copies that leave our systems on the schedule in the Privacy Policy.
We do not license your photographs to anyone, use them to promote Fotoloft without your permission, or use them to train machine-learning models.
You confirm you hold the rights needed for what you upload, and that where a photograph shows an identifiable person you have whatever permission the law where you work requires.
Your clients’ data
For the personal data of your clients and of the people you photograph, you are the controller and we are your processor. The Data Processing Agreement sets out how we handle it. Having a lawful basis for collecting and uploading it, and telling your clients how you use their data, is yours to do.
Acceptable use
Do not use Fotoloft to:
- store or share anything illegal, above all child sexual abuse material, which we report to the authorities and which ends the account immediately and permanently
- upload work that is not yours to upload, or that infringes anyone’s copyright, trademark or other rights
- publish intimate images of anyone who has not agreed to it, or harass, threaten or defame anyone
- send spam, or use the email Fotoloft sends in your name for anything but your clients and their bookings and galleries
- upload malware, or break into, overload, scrape or probe the service, or work around its limits
- resell the service, or run someone else’s studio through your account, unless we have agreed to it in writing
Reporting illegal content
We do not look through private galleries. We act on reports. If you believe something hosted on Fotoloft is illegal or infringes your rights, write to info@fotoloft.app with:
- the exact link to the content
- why you believe it is illegal or infringing, and, for copyright, which work is yours and on what basis you act
- your name and email address (not required when reporting child sexual abuse material)
- a statement that you believe in good faith that the report is accurate and complete
We confirm receipt, look at every report carefully and without undue delay, and tell you what we decided. If we remove or restrict content or an account, we tell the person affected what we did, why, and how to challenge it; they can reply to that message and a person will review the decision. Where we learn of a threat to someone’s life or safety, we inform the authorities. Reports made in bad faith may themselves be ignored.
Authorities, and users of the service, can reach us for these matters at info@fotoloft.app, in English, Bosnian, Croatian or Serbian.
Availability
We work to keep Fotoloft running and quick, but we do not guarantee an uptime figure or that data can always be recovered. Maintenance happens; so, occasionally, do failures at the companies whose infrastructure we build on.
Keep your own copies of your photographs. Treat Fotoloft as the way you deliver work, not as the only place it exists.
Suspending and closing accounts
- You may delete your account at any time, yourself, under Account. If a subscription will renew, cancel it first. Take a full export before you do, because deleting removes your photographs from our storage straight away and cannot be undone.
- We may suspend or close an account that breaches these terms, that goes unpaid after we have warned you, or where the law obliges us to. Except where the breach is serious enough to require acting at once, we will tell you first and give you a chance to put it right, and we will always tell you the reason.
- If we close your account for a reason that is not your fault, or stop offering the service, we will refund the unused part of what you have paid and give you time to export your work.
Responsibility for your content
If you use Fotoloft for business and someone brings a claim against us because of content you uploaded or a breach of these terms by you or your team, you will cover our reasonable costs and losses from that claim. We will tell you about the claim promptly and let you take part in dealing with it. This does not apply to consumers.
Liability
Fotoloft is provided as it is. To the extent the law allows, our total liability to you for all claims is limited to the greater of what you paid us in the twelve months before the claim arose and €100, and we are not liable for lost profits, lost business or indirect loss.
Nothing here limits liability that cannot lawfully be limited, including for intent or gross negligence, for death or personal injury, for fraud, or for anything your rights as a consumer protect. If you are a consumer, those rights stand whatever this page says.
Changes to the service and these terms
The product will keep changing; that is the point of it. We may update these terms. If a change matters, we will email account holders at least 30 days before it takes effect. If you do not accept it, you can close your account before then and we will refund any prepaid, unused part of your plan. Carrying on using Fotoloft after that date means accepting the new version.
Governing law
These terms are governed by the law of Bosnia and Herzegovina, and its courts have jurisdiction. If you are a consumer, you keep the protection of the mandatory law of the country you live in and may bring a claim in its courts.
General
- These terms, the Privacy Policy and the Data Processing Agreement are the whole agreement between us about Fotoloft.
- If any part turns out to be unenforceable, the rest still applies.
- Not enforcing a term straight away does not mean we have given it up.
- We may transfer this agreement to a company that takes over running Fotoloft, and we will tell you if we do. You may transfer it only with our agreement.
Contact
Questions about these terms: info@fotoloft.app.