Fotillo Cloud Photographer Account Terms

*This document is an English translation of the Polish Fotillo Cloud Photographer Account Terms, provided for information purposes only. Solely the Polish version is binding.*

§1 General provisions

1. These Terms set out the rules for maintaining an Account and providing the Photographer Account service within Fotillo Cloud, available at cloud.fotillo.com.

2. The service provider is Tomasz Mróz and Justyna Mróz, doing business as ViewPro s.c. T. Mróz, J. Mróz, ul. Skoroszewska 2B/34, 02-495 Warszawa, Poland, NIP 5223019335, REGON 147452308, e-mail: contact@fotillo.com.

3. The Service is intended for photographers and other entities sharing photographs in the course of their business. It is not intended for personal or household purposes; private mementoes are collected using the Album service, provided under separate terms.

4. The Service is hosting in nature: the Provider stores Content transferred at the Photographer's request and does not carry out prior, general control of it.

5. The rules for processing personal data entrusted to the Provider are set out in the Data Processing Agreement (DPA), which constitutes Annex 1 to these Terms. Information on data processed by the Provider for its own purposes is set out in the Privacy Policy.

6. The Fotillo Cloud Terms of Service for device operators and the Terms of the Account and the Album service are separate documents and do not apply to an Account maintained under these Terms.

§2 Definitions

1. Photographer – a person who has created an Account and uses the Service in the course of their business.

2. Account – the Photographer's individual account in Fotillo Cloud, within which Galleries are maintained.

3. Gallery – a separate set of Content created by the Photographer, shared under an individual Link and optionally protected by a Password.

4. Content – photographs and other materials transferred by the Photographer to the Service.

5. Link – a unique address leading to a Gallery.

6. Password – an optional access password for a Gallery, set by the Photographer.

7. Recipient – a person to whom the Photographer has provided the Link and, if the Gallery is protected by a Password, also the Password; in particular their client.

8. Capacity – the storage space of the Account intended for Content.

9. Validity – the day up to which the Account operates with full functionality.

10. Account Value – the product of the Capacity and the number of days of Validity; it forms the basis for settling Packages (§7).

11. Package – a paid increase in the Account Value, corresponding to a specified Capacity maintained for 182 days; a month means 30 days.

12. Photographer ID – a public string assigned to the Account, used by the Photographer when purchasing a Package in the shop.

13. Top-up Code – a single-use code corresponding to the selected Package, sold in the fotillo.com online shop and redeemed in the Account.

14. Grace Period – a period of 1 month after the expiry of Validity, during which the Account operates in a limited mode.

§3 Account

1. Only an adult may create an Account. Creating an Account requires: an e-mail address (verified by an activation link), a password, and acceptance of these Terms together with the DPA.

2. The DPA is concluded upon acceptance of the documents by electronic means. The electronic form satisfies the requirement of Art. 28(9) GDPR; the Provider records the fact, time and version of the accepted documents and the IP address.

3. The Photographer is responsible for keeping the Account password confidential and does not share it with third parties.

4. The Account serves solely the Photographer and their business. Reselling the Account or making it available to third parties as a separate service requires the Provider's consent.

§4 Galleries

1. The Photographer creates any number of Galleries within the Capacity of the Account. The number of Galleries is not limited.

2. For each Gallery the Photographer sets its name and cover image, its expiry date and, at their discretion, a Password. After the expiry date, the Gallery ceases to be available under the Link.

3. If a Gallery is protected by a Password, the Recipient gains access to it after entering the Password. If the Photographer does not set a Password, the Gallery is accessible to anyone who knows the Link. The Recipient may download Content individually and in bulk.

4. The Photographer may withdraw access to a Gallery at any time by changing or setting a Password or by deleting the Gallery. Changing the Password withdraws access from everyone who knew the previous one. Deleting a Gallery permanently deletes the Content it contains, subject to §7(8).

5. The Photographer decides whether to protect a Gallery with a Password and is responsible for the consequences of sharing a Gallery without one, for whom they give the Link and Password to, and for the further use of Content downloaded by Recipients.

6. The Provider may apply technical limits, in particular a maximum file size or format; the applicable limits are published on the Service's pages.

§5 Obligations of the Photographer

1. The Photographer is the controller of the personal data of persons visible in the Content, including their images. It is the Photographer who decides on the purposes and means of processing that data. The Provider processes it solely on their instructions, as a processor, under the DPA.

2. The Photographer undertakes in particular to:

1) hold the rights to the Content and the permissions for dissemination of the image, where such dissemination takes place,

2) fulfil towards data subjects the information obligation arising from Art. 13 and 14 GDPR,

3) use the Service in accordance with the law, these Terms and good practice,

4) not place Prohibited Content in the Service (§6),

5) provide and keep up to date their contact details.

3. If a third party asserts claims against the Provider in connection with the Photographer's failure to perform the obligations set out in paragraph 2, the Photographer will hold the Provider harmless and cover reasonable, documented costs of defence, within the limits permitted by law.

§6 Prohibited Content and moderation

1. It is prohibited to transfer to the Service Content that is contrary to the law, in particular Content that: depicts the sexual abuse of minors, is pornographic, incites hatred or violence, infringes the rights of third parties, or is unlawful in any other way.

2. The Provider has the right to delete or disable access to Content infringing these Terms, to suspend a Gallery or an Account used for infringements, and, in justified cases, to preserve the Content as evidence.

3. In the case of Content depicting the sexual abuse of minors, the Provider immediately disables access to it, secures it as evidence and notifies the competent authorities.

4. Reports of Content are accepted at contact@fotillo.com and, where the function is available, via the reporting function. The Provider handles reports diligently and in a non-arbitrary manner and informs the reporting party of the decision, provided they have given an e-mail address.

5. The Provider has no obligation to monitor Content in advance. It may use tools for automated, preliminary filtering; the decision to delete Content is taken by a human.

§7 Capacity, Validity and Grace Period

1. Using Galleries requires Capacity obtained by redeeming a Top-up Code (§8). The Account does not renew automatically.

2. Settlement is based on the Account Value, understood as the product of the Capacity and the number of days of Validity. A Package corresponds to maintaining its Capacity for 182 days. The Account's Validity results from dividing the Account Value by the selected Capacity, which is why a greater Capacity means a shorter Validity for the same Value, and a smaller Capacity — a longer one.

3. The Photographer may change the Account's Capacity at any time, within the limits available on the Service's pages. A change of Capacity does not change the Account Value and results in a proportionate recalculation of the Validity. Reducing the Capacity below the size occupied by Content is not possible until space is freed.

4. Once the Capacity is used up, the Service does not accept new Content until space is freed or the Capacity is increased. Content transferred earlier remains available.

5. Before the Validity expires, the Provider reminds the Photographer by e-mail of the possibility of topping up the Account: 7, 3 and 1 day before that date.

6. After the Validity expires, the Account is blocked and a Grace Period of 1 month begins. During that time the Galleries are not available to Recipients, the Service does not accept new Content, and the Photographer retains access to viewing and downloading their own Content. The Provider notifies the Photographer by e-mail of the start of the Grace Period and no later than 7 days before the Content is deleted.

7. Once the Grace Period has expired without effect, the Galleries and Content are permanently deleted, and the deletion operation is logged. Registers of document acceptance and technical logs are stored for the periods indicated in the Privacy Policy.

8. Deletion of Content becomes fully effective at the latest after the end of the application server's backup cycle, which is up to 7 days. No versioning is used in the file storage, and a deleted file is erased immediately.

9. Redeeming a Top-up Code during the Grace Period unblocks the Account and restores full functionality.

10. The Account is not subject to closure on grounds of inactivity. The availability of Content is determined solely by the Account's Validity and the Grace Period.

§8 Purchase of Packages and redemption of the Top-up Code

1. Packages are sold in the fotillo.com online shop. When placing an order, the Photographer provides their Photographer ID, available in the Account. The purchase, prices, payments, invoices, information obligations and complaints relating to the purchase are governed by the fotillo.com Shop Regulations. The Service does not handle payments and does not process payment data.

2. Information on the current Packages and prices is available on the Service's pages and in the shop.

3. After paying for the order, the buyer receives by e-mail a single-use Top-up Code corresponding to the selected Package.

4. The Top-up Code is linked to the Photographer ID provided at purchase and may be redeemed solely on that Account. Top-up Codes for the Photographer Account do not work in other Fotillo services, and codes of other services do not work in this Service.

5. A Package increases the Account Value by its Capacity maintained for 182 days. The Photographer uses that Value as they choose: as a greater Capacity or a longer Validity of the Account; on an Account with a greater Capacity the same Package adds correspondingly fewer days of Validity.

6. The Top-up Code is redeemed in the Account. On redemption, the Photographer chooses whether to increase the Capacity or to extend the Validity; before making the choice, they see both resulting Validity dates. Redemption is single-use and irreversible, of which the Photographer is informed before confirming it.

7. The Top-up Code has no expiry date; it may be redeemed at any time, including during the Grace Period. A Code redeemed during the Account's Validity increases its Value, counting from the day the current Validity expires; a Code redeemed during the Grace Period counts from the day of redemption.

8. Deletion of the Account by the Photographer before the Validity expires, as well as a change of Capacity that shortens the Validity, do not give rise to a refund of the fee for the unused period. The Account Value is not exchangeable for money. This does not affect refunds due under the law.

§9 Deletion of the Account and complaints

1. The Photographer may at any time delete the Account together with all Galleries and Content using the function in the Account or by request to contact@fotillo.com. Deletion is permanent and deactivates all Links.

2. Complaints about the operation of the Service are accepted at contact@fotillo.com and handled within 14 days. Complaints about the purchase of a Code are handled by the fotillo.com shop.

§10 Availability of the Service and liability

1. The Provider makes efforts to keep the Service running continuously but does not guarantee uninterrupted availability and reserves the right to technical breaks and breaks resulting from the actions of infrastructure providers.

2. The Service does not replace the Photographer's own copies of Content. The Provider recommends keeping own copies of materials and does not guarantee the recovery of data lost for reasons beyond its control.

3. Towards Photographers who are businesses, the Provider's liability is limited to actual damage and to the amount of the fee for the most recently redeemed Top-up Code, excluding damage caused intentionally. This limitation does not apply to consumers or to natural persons concluding a contract directly related to their business activity where the contract is not of a professional nature for them.

§11 Changes to the Terms and final provisions

1. The Provider may amend these Terms for important reasons, in particular a change in the law, functionality or the rules for providing the Service. The Photographer is notified of a change by e-mail at least 14 days before it enters into force. If the Photographer does not accept the changes, they may discontinue using the Service.

2. The governing law is Polish law; this does not deprive a consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

3. Solely the Polish-language version of the Terms is binding. Versions in other languages are for information purposes only.

4. These Terms apply from 14 September 2026.