Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and Spindlers ("Spindlers," "we," "us," or "our") governing your access to and use of Photonfolio, including our websites, hosted galleries, upload tools, account features, and related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you use the Service for a company, studio, or other organization, you represent that you are authorized to bind that organization, and "you" includes that organization.

1. Eligibility and Account Responsibility

You may not create or use an account unless you are at least the age of majority in your place of residence and capable of entering into a binding contract. You must provide accurate account information, keep credentials confidential, and promptly notify us if you believe your account has been compromised. You are responsible for all activity that occurs through your account, whether or not authorized by you, unless applicable law provides otherwise.

Account availability, signup settings, plan availability, and feature access may change over time. We may refuse registration, require additional verification, reclaim usernames, or disable access where reasonably necessary for security, abuse prevention, legal compliance, or operational reasons.

2. Paid Plans, Billing, and Taxes

Certain features may require a paid plan or other purchase. If you purchase a subscription or other paid offering, you authorize us and our payment processors, including Stripe where used, to charge the applicable fees, taxes, and other amounts due using your selected payment method.

Unless we expressly state otherwise in writing, subscriptions renew automatically for the renewal term shown at checkout until cancelled. You are responsible for managing cancellation before the next billing date through the available billing tools. Fees are generally non-refundable once charged, except where required by applicable law or where we expressly agree otherwise in writing. We may change pricing, features, plan structure, usage limits, or packaging prospectively. If payment cannot be collected, we may suspend, downgrade, or terminate paid access.

You are responsible for all applicable sales, use, value-added, goods and services, harmonized, withholding, or similar taxes, duties, and levies, other than taxes based on our net income.

3. The Service

Photonfolio is a hosted photography and gallery platform. Features may include media uploads, album management, public galleries, link-based private galleries, downloads, metadata extraction, maps, search, AI-assisted descriptions, moderation, analytics, branding controls, billing flows, and integrations with third-party infrastructure. Not all features are available to all users or plans, and some features may be experimental, limited, or changed without prior notice.

We may use third-party providers to host, process, deliver, secure, analyze, and support the Service. Third-party services may have their own terms, policies, technical limits, and outages. We are not responsible for third-party services except to the extent required by law.

4. Your Content; Our License

You retain ownership of the photos, text, logos, branding assets, metadata, and other materials you submit to the Service ("Your Content"). You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, store, copy, reproduce, back up, transmit, display, perform, adapt, transform, compress, index, analyze, moderate, and otherwise process Your Content as necessary to operate, secure, improve, and provide the Service to you and those you authorize. This includes generating previews and thumbnails, extracting and displaying metadata, creating share assets, generating gallery pages and social preview images, producing AI-generated descriptions, performing automated safety review, troubleshooting support issues, enforcing these Terms, and complying with law.

You are solely responsible for Your Content and for your instructions regarding public display, private sharing, downloads, map display, EXIF display, and other disclosures. You represent and warrant that you have all rights, permissions, notices, and consents needed to upload, process, display, share, and permit downloads of Your Content, including from clients, collaborators, copyright owners, individuals depicted, parents or guardians where applicable, and any other rights holders.

5. Galleries, Private Links, Downloads, and Disclosure Risk

Albums may be public or accessible through a private share link. Private album access in Photonfolio is currently link-based, not identity-based. Anyone who obtains a valid link, token, direct file URL, downloaded copy, screenshot, or forwarded asset may be able to access or redistribute the related content. You must not treat gallery links, download links, or media URLs as confidential credentials, and you should not upload or share content through the Service unless you accept those risks.

If you enable downloads, recipients may download copies of photos. If you enable EXIF or map display, viewers may see camera, capture, timing, and location information. If Your Content contains embedded metadata, including location data, that information may be extracted, stored, and displayed depending on your settings. We do not guarantee that the Service can prevent copying, scraping, re-sharing, screenshots, circumvention, or downstream misuse by viewers or third parties.

6. AI Features, Metadata, and Moderation

The Service may analyze Your Content to extract metadata, generate titles, captions, or descriptions, assess quality, identify duplicates, and perform automated moderation or safety review. These features may rely on third-party routing, models, or providers. AI-generated output may be incomplete, inaccurate, offensive, or otherwise unsuitable, and you remain solely responsible for reviewing and deciding whether to use or display it.

We may flag, limit, suppress, remove, or preserve access to content based on automated or manual moderation, suspected legal risk, security concerns, abuse reports, or policy enforcement needs. We are not required to publish, continue hosting, or restore any particular content.

7. Acceptable Use

You may not, and may not allow others to, use the Service to:

• upload, store, transmit, or display content that is unlawful, defamatory, fraudulent, abusive, invasive of privacy, or otherwise objectionable;
• upload, store, share, sell, license, distribute, or otherwise make available photos, text, logos, branding assets, or other material unless you have all rights, licenses, permissions, notices, and authority required to do so;
• infringe or misappropriate intellectual property, publicity, privacy, contractual, or other rights, including by uploading copyrighted or trademarked media without authorization;
• share images or other material without required permissions, releases, notices, or consents, including any required model releases, parental or guardian permissions, or authority to distribute intimate, identifying, or otherwise sensitive content;
• upload, store, transmit, display, or distribute child sexual abuse material, sexualized content involving minors, sexual content for which age cannot reasonably be confirmed, exploitative sexual content, content connected to trafficking or sexual coercion, unlawful obscenity, or other unlawful adult material;
• upload, store, transmit, display, or distribute non-consensual intimate imagery, voyeuristic sexual content, sextortion material, deceptive synthetic intimate imagery, or altered nude or sexualized media used to harass, impersonate, extort, deceive, or invade privacy;
• upload malware, harmful code, deceptive files, or material intended to interfere with the Service or other users;
• probe, scan, scrape, decompile, or bypass access controls, security, rate limits, or usage restrictions;
• use the Service for spam, phishing, harassment, impersonation, deception, or unlawful surveillance;
• use the Service to process or distribute content that exploits or endangers minors or that we reasonably consider unsafe or prohibited; or
• use the Service in violation of law, regulation, court order, or third-party rights.

Even if content is not clearly unlawful, we may refuse, remove, disable access to, preserve, or report media or related accounts, galleries, or share links if we reasonably believe the content creates legal, safety, processor, hosting-provider, operational, or reputational risk for the Service or any third party.

8. Rights Complaints and Infringement Reports

If you believe content on the Service infringes your copyright, privacy, publicity, or other rights, contact us through our contact page with enough detail for us to evaluate the request, including your identity, authority, the material at issue, the basis of the complaint, and the relief requested. We may remove, disable, preserve, or disclose relevant information as we consider appropriate, subject to applicable law. We may also suspend or terminate repeat infringers, repeat abusers, or accounts associated with repeated rights complaints or prohibited-media violations.

9. Suspension and Termination

You may stop using the Service at any time. We may suspend, restrict, remove content from, downgrade, or terminate any account, gallery, plan, share link, or access right immediately if we reasonably believe this is necessary for security, fraud prevention, abuse mitigation, nonpayment, legal compliance, rights protection, operational integrity, or a breach of these Terms. We may also disable access to content or features during investigations.

Following suspension or termination, your right to use the Service ends immediately. We may retain, delete, or continue storing account data, logs, billing records, backups, moderation records, and content copies as permitted or required by law, for legitimate business purposes, or under our retention practices. We are not obligated to continue hosting Your Content after termination.

10. Intellectual Property and Feedback

The Service, including its software, interfaces, visual design, text, compilations, and other materials other than Your Content, is owned by Spindlers or its licensors and protected by law. These Terms do not transfer any ownership rights to you. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Service for its intended purpose.

If you provide suggestions, ideas, requests, feedback, or other input about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all representations, warranties, and conditions, express, implied, statutory, or collateral, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, compatibility, and security. We do not guarantee that the Service will be uninterrupted, error-free, secure, timely, backed up, or suitable for any specific workflow, nor do we guarantee that any content, metadata, AI output, download, share link, or third-party integration will remain available.

12. Limitation of Liability

To the maximum extent permitted by law, Spindlers and its owners, affiliates, licensors, suppliers, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, opportunity, data, or content, arising out of or relating to the Service or these Terms, even if advised of the possibility of those damages.

To the maximum extent permitted by law, the total aggregate liability of the Spindlers parties for all claims arising out of or relating to the Service or these Terms will not exceed the greater of: (a) the amounts you paid to us for the Service in the twelve months before the event giving rise to the claim; or (b) CAD $100.00. These limitations apply regardless of the form of action and even if any limited remedy fails of its essential purpose.

13. Indemnity

You will defend, indemnify, and hold harmless Spindlers and its owners, affiliates, contractors, and service providers from and against any claims, demands, investigations, proceedings, liabilities, damages, judgments, settlements, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to Your Content, your use of the Service, your galleries, your viewers or recipients, your violation of these Terms, or your violation of any law or third-party rights.

14. Changes to the Service or Terms

We may modify the Service and these Terms from time to time. We will post the updated Terms here and update the effective date above. Changes take effect when posted unless we state otherwise. Your continued use of the Service after the effective date of revised Terms means you accept them. If you do not agree, you must stop using the Service.

15. General Terms

These Terms, together with our Privacy Policy, are the entire agreement between you and Spindlers regarding the Service and supersede prior or contemporaneous understandings on that subject. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent, and any attempted assignment in violation of this sentence is void. We may assign these Terms in connection with a corporate reorganization, financing, acquisition, or sale of assets.

16. Governing Law and Disputes

These Terms and any dispute, claim, or controversy arising out of or relating to the Service or these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws rules. Subject to any mandatory rights you may have under applicable consumer or privacy law, you and Spindlers submit to the exclusive jurisdiction of the courts located in Ontario, Canada, for the resolution of any dispute arising out of or relating to these Terms or the Service.

17. Contact

Questions, notices, or legal complaints regarding these Terms may be sent through our contact page.