Fotillo Cloud Terms of Service
*This is an English translation provided for information purposes only; solely the Polish version of these Terms is binding.*
§1 General provisions
1. These Terms set out the rules for the provision by electronic means of the Fotillo Cloud service, 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. These Terms constitute the terms of service for the provision of services by electronic means within the meaning of the Polish Act of 18 July 2002 on the provision of services by electronic means.
4. The Fotillo Cloud service is a hosting service within the meaning of Article 3(g)(iii) of Regulation (EU) 2022/2065 of the European Parliament and of the Council (the Digital Services Act, "DSA"). It consists in storing information provided by the recipient of the service and at their request.
5. The rules for purchasing the software are set out in the Purchase Regulations, the rules for using the software are set out in the Licence Agreement, and the rules for entrusting the processing of personal data are set out in the Data Processing Agreement (DPA), which constitutes Annex 1 to these Terms. Information on the processing of personal data is set out in the Privacy Policy.
§2 Definitions
1. Provider – ViewPro s.c., as indicated in §1(2).
2. Software – the Fotillo and FotilloStart programs together with add-ons.
3. Device – any device or solution in which the Operator uses the Software, in particular a photo booth, photo kiosk or other self-service device; the catalogue of uses of the Software is open-ended.
4. Service (Fotillo Cloud) – a service provided by electronic means, comprising the sharing, transfer and storage of Content in accordance with §3.
5. Operator – an entity that has acquired a licence for the Software, activated the online function and uses the Software in a Device in its own activity.
6. End User – a natural person using the Operator's Device or the functions of the Service, including viewing, downloading or uploading Content.
7. Content – photographs, videos and other materials transferred to the Service.
8. Sharing Page – a web page within the Service on which Content is available under an individual Link.
9. Link – a unique URL leading to Content.
10. Upload function – a function of the Service enabling a photograph to be sent from a mobile device for printing in the Operator's Device.
11. DPA – the data processing agreement concluded between the Operator and the Provider.
12. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council.
§3 Scope and nature of the Service
1. The Service comprises:
1) making photographs taken in a Device available under an individual Link (Sharing Page),
2) sending photographs from mobile devices for printing in a Device (Upload function),
3) storing Content for the period indicated in §10.
2. Content is transferred to the Service both by Operators (via the Software) and by End Users (by taking photographs in a Device or using the Upload function).
3. The Provider does not initiate the transmission of Content, does not select its recipient and does not modify it. It stores Content solely at the request of the person transferring it.
4. The Provider plans to develop the Service with further functions, in particular gallery accounts, storage of original photographs and videos. They will be launched together with an update of these Terms or the publication of additional conditions.
5. The Operator may direct the sending of photographs to its own server (the SharingURL parameter in the Software). In such a case the Content does not reach the Service, and the Provider neither stores nor processes it.
6. On the basis of a Pairing Code made available by an Account holder, the Operator may direct the transfer of Content from a Device directly to an Account (Album), maintained under the separate Terms of the Account and the Album Fotillo Cloud service. Content transferred to a paired Account is stored at the request and on behalf of the Account holder; the period of its storage and the rules of access are set out in the Account Terms, and §10 does not apply to it as regards the deletion deadline.
§4 Activation and technical requirements
1. Use of the Service by an Operator requires a licence for the Software with an active online function and acceptance of these Terms together with the DPA.
2. Acceptance of the Terms together with the DPA takes place by electronic means, when purchasing a licence covering the online function or when activating that function, and is recorded by the Provider together with a time stamp and the version of the documents. Concluding the DPA in this form does not require a separate signature (Article 28(9) GDPR).
3. Use of the Service requires a device with internet access and an up-to-date web browser, and, for the Upload function, support for image files.
4. Use of the Sharing Page and the Upload function by an End User requires no registration and no fees.
5. The Provider may apply technical limits on the use of the Service, in particular a maximum file size or format, the number of Content items transferred, the number of Devices paired with the Operator's account and the account's storage space. The applicable limits are published on the Service's pages or in the Software documentation.
6. The Service is available in a free and a paid variant. The free variant allows one Device to be paired with the Operator's account and provides storage space of the size indicated on the Service's pages. Activating the paid variant increases the Device and storage limits in accordance with the information published on the Service's pages. The paid variant is purchased and renewed in the fotillo.com shop.
7. Once the account's storage space is used up, the Service does not accept new Content until space is freed or the limit is increased. Content transferred earlier remains available.
8. Once the paid period ends, the account reverts to the free variant: Devices exceeding the free limit are disconnected from the account and do not transfer Content, and the Service does not accept new Content if the occupied space exceeds the free limit. Content transferred earlier remains available for the period indicated in §10 and is not deleted on account of exceeding the limit. Reactivating the paid variant restores the full limits.
9. If a Device with an activated online function is transferred to another party, the acquirer becomes the Operator upon acceptance of the Terms together with the DPA, made in the Software or in another documented manner, and at the latest upon commencing use of the Service. Until then, the rights and obligations of the Operator are exercised by the transferor, who is obliged to inform the acquirer of the content of the Terms and the DPA.
§5 Obligations and liability of the Operator
1. The Operator is the controller of the personal data of End Users, including their images, within the meaning of Article 4(7) GDPR. It is the Operator who decides on the purposes and means of processing that data. The Provider processes it solely on behalf of the Operator, as a processor, on the basis of the DPA.
2. The Operator undertakes in particular to:
1) obtain permissions for the dissemination of the image of photographed persons, where dissemination takes place (Article 81 of the Polish Act of 4 February 1994 on copyright and related rights),
2) fulfil towards photographed persons the information obligation arising from Articles 13 and 14 GDPR, including not removing, obscuring or modifying the information displayed by the Software and on the Service's pages,
3) inform End Users about the rules for using the Device and the Service,
4) use the Service in accordance with the law, these Terms and good practice,
5) not transfer Prohibited Content to the Service (§7) and not knowingly enable third parties to do so,
6) provide and keep up to date its contact details, in particular the e-mail address used for notifications relating to the Service,
7) provide and keep up to date the controller details presented on the Sharing Page in accordance with §9a: the Operator's name (business name) and an e-mail address for contact in personal data matters, and optionally a link to its own privacy policy.
3. The Operator is responsible for the organisation and the manner in which the Device is made available in its activity, including its use in public places and in self-service mode, as well as for the manner in which the Service is used by persons to whom it makes the Device or the functions of the Service available.
4. If a third party asserts claims against the Provider in connection with the Operator's failure to perform the obligations set out in paragraph 2, the Operator will hold the Provider harmless and cover reasonable, documented costs of defence, within the limits permitted by law. Towards Operators who are consumers, this provision applies only within the scope of liability under general rules.
§6 Rules for End Users
1. By using the Service, including by sending a photograph via the Upload function or taking a photograph in a Device with an active online function, the End User accepts the rules of this paragraph and of §7. For the Upload function, acceptance takes place by ticking the required checkbox before sending the Content. The Provider records the fact of acceptance, including the time, the version of the accepted documents, the IP address and the Device identifier, in order to demonstrate compliance with the law and to establish, pursue or defend claims.
2. When transferring Content to the Service, the End User declares that:
1) they hold the rights to the Content or have the required consents of the entitled persons,
2) all persons visible in the Content have consented to its recording and sharing within the Service,
3) they are of age or use the Service with the knowledge and consent of their legal guardian,
4) the Content does not infringe §7.
3. The End User is responsible for the Content they transfer.
4. The holder of a Link may at any time permanently delete the Content using the "Delete photo" button on the Sharing Page (§9).
§7 Prohibited Content and prohibited actions
1. It is prohibited to transfer to the Service Content that:
1) is contrary to the law,
2) is pornographic or erotic in nature,
3) depicts minors in a sexual context; a zero-tolerance rule applies to such Content, and the Provider immediately notifies the competent authorities,
4) depicts or glorifies violence or incites hatred,
5) infringes the rights of third parties, including copyright, image rights, personal rights or legally protected secrets,
6) is offensive, defamatory or serves the purpose of harassment,
7) contains personal data of third parties made available without a legal basis.
2. In the event of an infringement of paragraph 1, the Provider may delete the Content or block access to it, including blocking the Link, informing the person who transferred it in accordance with §8(7).
3. Actions that disrupt or burden the operation of the Service, or that are contrary to its purpose, are also prohibited, in particular: mass or automated transfer of Content, use of the Service as a store for files unrelated to the operation of a Device, attempts to obtain unauthorised access, circumvention of security measures or technical limits, and other actions reducing the performance of the Service.
4. In the event of gross or repeated infringement of paragraphs 1 or 3, the Provider may, after an ineffective request to cease, and in the case of serious infringements immediately, limit or suspend the access of the Operator or the Device to the Service, informing the Operator of the reason. This does not exclude the powers under paragraph 2 or notification of the competent authorities.
§8 Reporting content and moderation
1. Any person or entity may report to the Provider Content which they consider unlawful or in breach of these Terms: using the "Report" button on the Sharing Page or at contact@fotillo.com. A report serves the assessment of the Content by the Provider; irrespective of a report, the holder of the Link may independently and immediately delete the Content in accordance with §9.
2. A report should contain:
1) an explanation of why the Content is unlawful or infringes these Terms,
2) the exact URL of the Content,
3) the name (or business name) and e-mail address of the reporting party, except for reports concerning content related to the sexual abuse of minors, which may be submitted without providing identity,
4) a statement that the reporting party is acting in good faith and that the information provided is correct and complete.
3. The Provider confirms receipt of a report containing the reporting party's e-mail address and handles reports in a timely, non-arbitrary, objective and diligent manner. The Provider informs the reporting party of the decision taken without undue delay, as a rule no later than within 14 days, provided that the reporting party has given an e-mail address. Reports that do not contain all the elements indicated in paragraph 2 are also verified, as far as they can be assessed.
4. A report containing the elements indicated in paragraph 2 is deemed to give the Provider actual knowledge of the Content within the meaning of Article 6 DSA.
5. A report is subject to assessment by the Provider and does not result in automatic deletion of the Content; pending completion of the assessment, the Content may remain available. The handling of a report may result in deletion of the Content, blocking of access to it, or leaving the Content in place if the report is unfounded or the Content infringes neither the law nor these Terms.
6. Content may be deleted or blocked without prior notice to the person who transferred it. Instead of deletion, or in parallel with blocking public access, the Provider may also secure the Content and the data associated with it as evidence for the purposes of proceedings conducted by authorised bodies.
7. The Provider informs the person who transferred the Content of its deletion or of the restriction of access to it, provided that it holds their contact details, stating the reasons for the decision and the possibility of contesting it.
8. The Provider has no general obligation to monitor Content. It may, however, voluntarily carry out moderation activities, including in the future using automated image analysis tools; this does not prejudice the liability exemptions provided for in the DSA. The Provider will announce the implementation of automated moderation in these Terms and in the Privacy Policy.
9. If the Provider obtains information giving rise to a suspicion that a criminal offence threatening the life or safety of persons has been committed, it immediately notifies law enforcement or judicial authorities (Article 18 DSA).
10. The Provider may make Content and the technical data associated with it available to authorised bodies, at their request based on applicable law.
11. If the Service is used in breach of these Terms or of the law, the Provider may process the data of the Operator or End User and the technical data related to the infringement to the extent necessary to establish liability, secure evidence and pursue or defend claims.
§9 Self-service deletion of Content
1. A "Delete photo" button is available on the Sharing Page. Its use results in the permanent and irreversible deletion of the file and the record associated with it, subject to §10(4).
2. Deletion of Content may also be requested at contact@fotillo.com. Requests concerning personal data are handled in accordance with the GDPR and the DPA.
§9a Information on the Sharing Page
1. On the Sharing Page the Provider presents: the Provider's Terms and Privacy Policy, information about the storage period of the Content, the "Delete photo" button and the reporting function (§8).
2. On that page the Provider also presents, based on the details provided by the Operator in accordance with §5(2)(7), information about the controller of the data of persons visible in the Content, together with an e-mail address for contacting them. The Operator is responsible for the accuracy and currency of these details.
3. Providing the details referred to in paragraph 2 is a condition for using the online function, regardless of the type of the Operator's account. Until they are provided, or if they are out of date, the Provider may suspend the provision of the Service.
4. Requests of data subjects addressed to the Provider in respect of entrusted data are forwarded to the Operator in accordance with the DPA. This does not apply to the self-service functions and reports provided for in these Terms.
§10 Storage period
1. Content is stored in the Service for 2 years from the date of its transfer, after which it is automatically and permanently deleted.
2. Content may be deleted earlier: using the "Delete photo" button, at a request submitted to the Provider, or as a result of moderation activities (§7 and §8).
3. Deleted Content cannot be recovered. It is recommended to download photographs before the end of the storage period.
4. Deleted Content may remain in the periodic backups of the hosting infrastructure for no longer than 7 days, after which it is overwritten automatically. Backups do not serve to restore deleted Content; if data is restored from a backup after a failure, the Provider again deletes the previously deleted Content, based on the register of deletion operations.
§11 Point of contact
1. The Provider's point of contact for the authorities of Member States, the European Commission and the European Board for Digital Services, and for recipients of the Service (Articles 11 and 12 DSA), is the e-mail address: contact@fotillo.com.
2. Communication is possible in Polish and English and is not based solely on automated tools.
§12 Liability of the Provider
1. The Provider is not liable for Content transferred to and stored in the Service on the terms set out in Article 6 DSA, in particular where it does not have actual knowledge of its unlawful nature and, upon obtaining such knowledge, immediately deletes the Content or disables access to it.
2. The Provider makes efforts to keep the Service running without interruption, but reserves the right to technical breaks necessary for maintenance or development of the Service. It gives advance notice of planned breaks where possible.
3. Towards Operators who are businesses, the Provider's liability is limited to actual damage and to the amount paid by the Operator for the most recently purchased activation code, covering no more than 2,800 printouts, excluding damage caused intentionally.
4. The limitations of liability do not affect the mandatory rights of consumers or of natural persons concluding a contract directly related to their business activity where the contract is not of a professional nature for them.
§13 Complaints
1. Complaints concerning the Service may be submitted to contact@fotillo.com.
2. A complaint should contain a description of the problem and the contact details of the person submitting it and, as far as possible, also the time the problem occurred and the expected manner of handling it. The Provider responds without delay, no later than within 14 days.
§13a Termination of use of the Service and inactivity
1. The Operator may cease using the Service at any time by discontinuing use of the online function. The Operator may also request the deletion of all its Content and data related to the Service, by sending the request to contact@fotillo.com and, once such a function is made available, by using the option to delete all data in the Service panel. Fulfilment of the request constitutes the Controller's decision referred to in §5(7) of the DPA.
2. Before deletion, the Operator may download the Content if a download function is available; downloading constitutes the return of data within the meaning of §5(7) of the DPA.
3. If for an uninterrupted period of 24 months no Content has been transferred to the Service from the Operator's Devices and the Operator has not used the Service in any other way, in particular has not logged in to the Service panel, the Provider may terminate the provision of the Service to the Operator (inactivity). The Provider notifies the Operator of its intention to terminate by e-mail at least 30 days in advance; transferring Content or otherwise using the Service within that period interrupts the running of the inactivity period.
4. Termination of use of the Service, including on grounds of inactivity, results in the expiry of the DPA in accordance with its §9 and in the deletion of data related to the Service in accordance with §10 and the Privacy Policy. This does not affect the licence granted for the Software or the obligation to retain registers of document acceptance and technical logs for the periods indicated in the Privacy Policy.
§14 Changes to the Terms
1. The Provider may amend these Terms for important reasons, in particular: changes in the law, changes in the scope or manner of providing the Service, security considerations, or decisions or recommendations of the competent authorities.
2. The Provider informs Operators of changes at least 14 days before they enter into force, by e-mail or by a message in the Software, and also publishes information about material changes on the Service's pages.
3. An Operator who does not accept the changes may discontinue use of the online function. This does not affect the licence granted for the Software.
§15 Final provisions
1. The governing law is Polish law. In matters not regulated herein, the Polish Civil Code, the Act on the provision of services by electronic means, the GDPR, the DSA and consumer law provisions apply in particular.
2. Solely the Polish-language version of these Terms is binding. Versions in other languages, including English, are for information purposes only.
3. Disputes with Operators who are businesses are settled by the court having jurisdiction over the Provider's registered office. Disputes with consumers are settled by the court determined under general rules.
4. The invalidity or ineffectiveness of an individual provision does not affect the remaining part of these Terms.
5. These Terms enter into force on 16 August 2026.