Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using PhotoCab, you represent and warrant that:

• You are at least 13 years of age (or the minimum age required in your jurisdiction to consent to the processing of personal data, whichever is higher);
• You have the legal capacity and authority to enter into this Agreement;
• You will comply with all applicable local, state, national, and international laws and regulations;
• All information you provide is accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update it as necessary.

If you are using PhotoCab on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" will include both you and that organization.

2. Description of Services

PhotoCab provides a cloud-based platform that enables users to upload, store, organize, manage, and share digital photographs and related content. Our Services include, but are not limited to:

• Cloud storage for photos and images;
• Photo organization tools, including folders and albums;
• Sharing capabilities, including private sharing with specific users and shareable links;
• Mobile and web applications for accessing your content;
• Backup and synchronization features;
• Related features and functionality as we may add from time to time.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We do not guarantee that the Services will be available at all times or that they will be error-free.

3. User Accounts and Registration

To access certain features of PhotoCab, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Maintain the security of your account credentials, including passwords and authentication tokens;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorized use of your account or any other breach of security;
• Ensure that you exit from your account at the end of each session, especially when using a shared or public computer.

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to comply with this section. You may not transfer your account to another person or entity, or share your account credentials with any third party.

4. Acceptable Use Policy

You agree to use PhotoCab only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. You agree NOT to use the Services to:

• Upload, store, share, transmit, or distribute any content that is:
  • Illegal, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable;
  • Pornographic, sexually explicit, or contains nudity of a sexual nature;
  • Depicts or promotes violence, including graphic violence, gore, or extreme brutality;
  • Contains child sexual abuse material (CSAM) or any content that exploits or endangers minors in any way;
  • Promotes or facilitates illegal activities, including but not limited to drug trafficking, human trafficking, terrorism, or money laundering;
  • Infringes upon the intellectual property rights, privacy rights, or other rights of any third party;
  • Contains hate speech, discrimination, or incites violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics;
  • Contains malware, viruses, trojans, worms, or other malicious code;
  • Is fraudulent, deceptive, or misleading;
  • Violates any applicable export control laws or regulations.
• Engage in activities that:
  • Interfere with, disrupt, or damage the Services, servers, networks, or infrastructure;
  • Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
  • Use automated systems (bots, scrapers, crawlers) to access, collect, or harvest data from the Services without our express written permission;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Services;
  • Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
  • Send unsolicited communications, spam, or chain letters;
  • Violate any applicable laws, rules, or regulations in your jurisdiction or internationally.

Content Moderation: We reserve the right, but not the obligation, to review, monitor, remove, or disable access to any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We may take any action we deem appropriate, including but not limited to removing content, suspending or terminating accounts, and reporting illegal content to law enforcement authorities.

Reporting Violations: If you become aware of any content that violates these Terms, please report it to us immediately at [email protected]. We will investigate all reports and take appropriate action.

5. Service Usage Restrictions and Fair Use Policy

PhotoCab is designed to provide reliable, high-quality photo storage and sharing services to all our users. To ensure fair access and optimal performance for everyone, we have established the following usage restrictions and fair use policies.

A. Non-Commercial Use Policy

Personal and Non-Commercial Use Only: PhotoCab's Services (including the mobile applications, web platform, and APIs) are intended solely for personal, family, and social photo storage and sharing purposes. Any form of commercial use is strictly prohibited unless you have obtained explicit written authorization from PhotoCab for a commercial or enterprise license.

Definition of "Commercial Use": For purposes of these Terms, "Commercial Use" includes, but is not limited to:

• Large-Scale Commercial Distribution: Using PhotoCab as a primary business infrastructure for mass commercial delivery or distribution to large numbers of clients. While individual photographers, designers, or small studios may share work with their clients on a reasonable scale, PhotoCab is not intended to serve as a commercial content delivery network (CDN) or mass distribution platform for business operations serving hundreds or thousands of end customers;
• External Linking and Image Hosting (Hotlinking): Using content stored on PhotoCab as an image hosting source for external websites, e-commerce platforms (including but not limited to Amazon, eBay, Shopify, Taobao, JD.com), auction sites, blogs, forums, or third-party applications by embedding direct links to PhotoCab-hosted images;
• Content Sale and Distribution: Directly selling access to your PhotoCab account, selling or licensing content stored on PhotoCab, or using PhotoCab to distribute or deliver content for commercial gain;
• Marketing and Promotional Activities: Using PhotoCab's sharing features to conduct large-scale advertising campaigns, distribute promotional materials, send unsolicited commercial messages (spam), or engage in any form of commercial marketing or publicity;
• Business Operations: Using PhotoCab as a core component of business operations, including but not limited to inventory management, product catalogs, customer galleries, or any other business-critical functions;
• Reselling or Sublicensing: Reselling, sublicensing, or redistributing access to PhotoCab services or storage capacity to third parties for any consideration;
• Commercial Data Storage: Using PhotoCab to store business documents, corporate assets, commercial databases, or any content primarily intended for business rather than personal use.

Detection and Enforcement: We employ automated algorithms, machine learning systems, and manual review processes to detect potential commercial use patterns. Indicators of commercial use may include, but are not limited to:

• Unusually high volumes of external traffic or bandwidth consumption from hotlinked images;
• Sharing patterns consistent with client delivery or public distribution rather than personal sharing;
• Account metadata, file naming conventions, or organization structures indicative of commercial operations;
• Multiple reports from users or third parties regarding commercial use;
• Public advertisements, social media posts, or website content referencing the use of PhotoCab for commercial purposes.

Consequences of Commercial Use: If we determine, in our sole discretion, that your account is being used for commercial purposes in violation of these Terms:

• We may immediately suspend or terminate your account and access to the Services without prior notice;
• We may delete, disable, or restrict access to content associated with commercial use;
• We may permanently ban your account, email address, payment methods, and devices from accessing PhotoCab;
• We reserve the right to retain your payment for services rendered up to the point of termination, without providing refunds;
• We may report fraudulent or abusive commercial use to relevant authorities or payment processors.

Enterprise Solutions: If you are a business, organization, or professional user interested in using PhotoCab for commercial purposes, please contact us at [email protected] to inquire about our enterprise-level solutions, commercial licensing options, and custom pricing plans designed specifically for business use.

B. Prohibition of Automation and API Abuse

Official Clients Only: Users must access PhotoCab exclusively through our official client applications (iOS/Android mobile apps or official web application) and through genuine human interaction. Access through any other means is strictly prohibited unless explicitly authorized by PhotoCab in writing.

Prohibited Activities: You expressly agree NOT to engage in any of the following activities:

Detection and Prevention: PhotoCab employs sophisticated automated detection systems including, but not limited to:

• Real-time monitoring of User-Agent strings, request headers, and client fingerprints to identify non-standard or suspicious clients;
• Behavioral analysis and machine learning algorithms to detect patterns inconsistent with genuine human interaction;
• Rate limiting and anomaly detection systems to identify unusual traffic patterns, IP addresses, or access frequencies;
• Device fingerprinting and attestation to verify the authenticity of client applications.

Enforcement Actions: If our systems detect automated access or API abuse, we may immediately and without prior notice:

• Block or ban the offending IP addresses, IP ranges, or entire network blocks;
• Implement progressive CAPTCHA challenges or additional verification requirements;
• Suspend or permanently terminate your account and all associated data;
• Impose rate limits, throttling, or access restrictions on your account;
• Report malicious automated activity to relevant authorities, ISPs, or security organizations;
• Pursue legal action for violations that cause significant harm, including seeking damages and injunctive relief.

C. Fair Use Policy for Storage and Bandwidth

Shared Resource Environment: While some of our subscription plans may advertise "unlimited uploads" or generous storage allowances, PhotoCab operates on a shared infrastructure model where resources (including storage capacity, network bandwidth, processing power, and server resources) are shared among all users. To ensure equitable access and maintain service quality for all users, we enforce a Fair Use Policy (FUP) to prevent excessive or abusive consumption of shared resources by individual accounts.

Definition of Excessive Use: An account may be deemed to be in violation of our Fair Use Policy if its resource consumption significantly exceeds the reasonable use patterns of typical users. Specifically:

• Storage Volume: If your total storage consumption substantially exceeds typical usage patterns of users in your subscription tier, or if you upload an unusually large volume of content within a single billing cycle;
• Upload Bandwidth: If your monthly upload traffic significantly exceeds the average usage of similar subscription tier users, particularly sustained high-volume uploads per month;
• Download Bandwidth: If your account generates excessive download traffic, particularly from external hotlinking or public sharing that results in tens of thousands of downloads per day;
• Server Resource Consumption: If your activities generate disproportionate CPU usage, database queries, or API calls that impact overall system performance;
• Number of Files: If you store an unreasonably large number of individual files (for example, millions of files) that strain metadata management systems.

File Content and Format Restrictions:

• Authentic Media Files Only: "Unlimited uploads" applies exclusively to genuine photographic images and video files in standard formats (such as JPEG, PNG, HEIC, MP4, MOV, etc.).
• Prohibited File Disguising: It is strictly prohibited to upload non-media files disguised as images or videos by altering file extensions, modifying file headers, or using steganography techniques. Examples include:
  • Renaming .zip, .rar, .7z, or other archive files as .jpg;
  • Disguising .exe, .dmg, or other executable files as images;
  • Hiding .iso, .img, or disk image files within media file containers;
  • Embedding large binary data, documents, or databases within image metadata or file structures.
• Content Verification: We employ automated file analysis, hash verification, MIME type checking, and magic number validation to detect disguised files. Files identified as non-authentic media will be:
  • Immediately and permanently deleted without notice;
  • Not eligible for recovery or restoration;
  • Counted as a violation that may result in account termination.

Enforcement Measures (Progressive Response): For accounts that violate our Fair Use Policy, we reserve the right to implement one or more of the following measures, typically in a progressive manner:

Enterprise and High-Volume Users: If your usage patterns consistently exceed our Fair Use Policy but are legitimate (for example, professional photographers, content creators, or businesses), we encourage you to contact us at [email protected] to discuss enterprise-grade solutions, dedicated infrastructure, custom service level agreements (SLAs), or volume pricing plans that better suit your needs.

Transparency and Communication: We are committed to transparency and will make reasonable efforts to communicate with you before imposing restrictions. However, in cases of severe abuse, security threats, or urgent infrastructure protection needs, we reserve the right to act immediately to protect the service and other users.

6. User Content and Intellectual Property

Your Ownership: You retain all ownership, copyright, and intellectual property rights in the photos, images, captions, metadata, and other content you upload, store, or share through PhotoCab ("User Content"). PhotoCab does not claim any ownership rights in your User Content. You are solely responsible for your User Content and the consequences of uploading, storing, or sharing it.

Limited Technical License: To enable PhotoCab to provide you with our private photo storage and sharing services, you grant us a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free license to use, store, process, and display your User Content solely for the technical purpose of:

• Storing your User Content securely on our servers and infrastructure;
• Processing and displaying your User Content to you and to users you have explicitly authorized to access it (such as members you have invited to your private albums);
• Generating thumbnails, previews, and other technical derivatives necessary for the Services to function;
• Enabling the sharing features you choose to use (such as sharing with specific invited users);
• Backing up and synchronizing your User Content across your devices;
• Complying with legal obligations and responding to valid legal requests (such as court orders);
• Protecting the security and integrity of the Services, including detecting and preventing fraud, abuse, or security threats.

Scope of License: This license is limited to the technical operations necessary to provide the Services. We do not use your User Content for marketing, advertising, or any commercial purposes unrelated to providing the Services. We do not claim any right to sell, license, or otherwise exploit your User Content for our own commercial benefit beyond what is necessary to operate the Services.

License Duration: This license remains in effect only while your account is active and you are using the Services. When you delete specific User Content, we will stop using it (except for backup retention and legal compliance as described in our Privacy Policy). When you delete your account, this license terminates, and we will delete your User Content in accordance with our data retention policies, subject to reasonable technical delays and our legal obligations to retain certain data.

Privacy and Confidentiality: Your User Content is private by default. We will only access, view, or process your User Content as necessary to provide the Services, respond to your requests, comply with legal obligations, or protect the security of the Services. We do not scan, analyze, or use your User Content for purposes other than providing the Services, except as required by law or as described in this Policy.

Your Representations and Warranties: You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize PhotoCab to use your User Content as contemplated by these Terms;
• Your User Content does not and will not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights;
• Your User Content complies with all applicable laws and regulations;
• You have obtained all necessary consents and releases from any individuals depicted in your User Content;
• Your User Content does not contain any personal information of third parties without their consent.

PhotoCab Intellectual Property: The Services, including but not limited to the PhotoCab name, logo, design, software, code, graphics, text, and other materials, are owned by PhotoCab or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not use our intellectual property without our prior written consent.

7. Subscription, Payment, and Refunds

Free and Paid Services: PhotoCab may offer both free and paid subscription plans. Some features may be available only to paid subscribers. We reserve the right to modify, add, or remove features from any plan at any time.

Subscription Terms: If you choose a paid subscription:

• You agree to pay all fees associated with your subscription as described at the time of purchase;
• Subscription fees are billed in advance on a recurring basis (monthly, annually, or as otherwise specified);
• You authorize us to charge your chosen payment method automatically for each billing cycle until you cancel;
• All fees are in the currency specified at the time of purchase and are exclusive of applicable taxes, which you are responsible for paying;
• We may change our pricing with reasonable prior notice (at least 30 days), and such changes will apply to subsequent billing cycles;
• If payment fails, we may suspend or terminate your access to paid features.

In-App Purchases and Subscriptions

Platform Payment Systems: When you purchase subscriptions or make in-app purchases through our mobile applications, all transactions are processed through the official payment systems provided by Apple Inc. (for iOS devices via the App Store) or Google LLC (for Android devices via Google Play Store). By making such purchases, you agree to comply with the applicable payment platform's terms and conditions:

• Apple App Store: For iOS purchases, you acknowledge and agree to Apple's App Store Terms and Conditions and App Store Privacy Policy.
• Google Play Store: For Android purchases, you acknowledge and agree to Google's Google Play Terms of Service and Google Privacy Policy.

Auto-Renewal and Subscription Management:

• All subscriptions automatically renew unless you cancel at least 24 hours before the end of the current billing period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price as your initial subscription.
• You can manage your subscriptions and turn off auto-renewal through your device's account settings (Apple ID Settings for iOS or Google Play Store for Android) at any time after purchase.
• Cancelling a subscription will prevent future charges but will not refund the current billing period. You will retain access to paid features until the end of your current subscription period.
• Deleting the app does not cancel your subscription. You must cancel your subscription through the respective platform's subscription management interface.

Free Trials and Promotional Offers:

• We may offer free trials or promotional pricing for certain subscription plans. Free trial durations and terms will be clearly displayed at the time of subscription.
• Unless you cancel before the free trial ends, your subscription will automatically convert to a paid subscription and you will be charged the applicable subscription fee.
• We reserve the right to determine your eligibility for free trials or promotional offers and to withdraw or modify such offers at any time without prior notice.
• Promotional offers may be limited to one per user, household, or device and cannot be combined with other offers unless explicitly stated.
• If we determine that you are not eligible for a promotional offer or that you have violated the eligibility terms, we reserve the right to charge you the standard subscription fee or terminate your access.

Pricing and Price Changes:

• All prices are clearly displayed in your local currency at the time of purchase and are subject to applicable taxes as determined by your jurisdiction and the payment platform.
• Prices may vary by region, device platform, and payment method due to local market conditions, currency exchange rates, and platform-specific fees.
• We reserve the right to modify subscription prices at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following at least 30 days' advance notice.
• You will be notified of any price changes through in-app notifications, email, or through the payment platform's notification system.
• If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

Refund Policy:

• All purchases made through the App Store or Google Play Store are subject to the refund policies of the respective platforms. PhotoCab does not directly process refunds for in-app purchases.
• Apple App Store Refunds: To request a refund for purchases made through the App Store, you must contact Apple Support directly at https://support.apple.com/billing or through your purchase history in your Apple ID account. Apple's refund policy will apply.
• Google Play Store Refunds: To request a refund for purchases made through Google Play, you must contact Google Play Support at https://support.google.com/googleplay or request a refund through the Google Play Store app. Google's refund policy will apply.
• Generally, subscription fees are non-refundable except as required by applicable law or the payment platform's refund policy.
• In certain jurisdictions (such as the European Union), you may have a statutory right to withdraw from your purchase within 14 days. However, if you begin using the subscription services immediately, you may waive this right. Please refer to your local consumer protection laws and the platform's terms for specific details.
• If you believe you have been charged in error or have questions about a charge, please contact us at [email protected], and we will work with the payment platform to investigate and resolve the issue.

Payment Information and Security:

• PhotoCab does not collect, store, or have access to your payment card information, banking details, or other financial information. All payment processing is handled securely by Apple or Google.
• Your payment information is subject to the privacy policies and security practices of the payment platform you use. Please review Apple's Privacy Policy or Google's Privacy Policy for more information.
• We receive limited transaction information from the payment platforms (such as purchase date, subscription status, and receipt validation tokens) solely for the purpose of verifying your subscription status and providing the Services.

Subscription Access and Service Availability:

• Access to subscription features is contingent upon maintaining an active, paid subscription in good standing.
• If your subscription payment fails or is declined, your access to subscription features may be suspended or terminated until payment is successfully processed.
• We reserve the right to verify the validity of your subscription with the payment platform. If we cannot verify your subscription, we may suspend access to premium features.
• Subscription features and benefits may vary by subscription tier and are subject to change. We will provide notice of material changes to subscription features when reasonably possible.
• Subscriptions are tied to your user account and the specific payment platform through which you subscribed. Subscriptions purchased through the App Store cannot be transferred to Google Play and vice versa.

Third-Party Payment Processors: Payments are processed by third-party payment processors (Apple Inc. and Google LLC). Your payment information is subject to the privacy policy and terms of service of the applicable payment processor. We are not responsible for the actions, omissions, errors, or security practices of these payment processors. Any disputes regarding payment processing, billing errors, or unauthorized charges should be directed to the applicable payment platform.

8. Third-Party Services and SDKs

PhotoCab integrates various third-party software development kits (SDKs), services, and technologies to enhance functionality, improve user experience, analyze usage patterns, ensure security, and provide essential features. By using PhotoCab, you acknowledge and agree that your use of these third-party services is subject to their respective terms of service.

Third-Party SDKs and Services We Use

The following third-party services are integrated into our applications. Please review their terms of service to understand the terms and conditions that govern their use:

• Google Play Services: https://policies.google.com/terms
• Google Analytics for Firebase: https://www.google.com/analytics/terms/
• Firebase Crashlytics: https://firebase.google.com/terms/crashlytics
• Facebook SDK: https://mbasic.facebook.com/legal/terms/plain_text_terms/
• RevenueCat: https://www.revenuecat.com/terms/
• Apple App Store: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Your Acknowledgment and Consent

By using PhotoCab, you acknowledge and agree that:

• These third-party services may collect, process, and store your personal information as described in their respective privacy policies;
• We have no control over and are not responsible for the privacy practices, data security, or content of these third-party services;
• Your use of features powered by these third-party services is subject to their respective terms of service and privacy policies;
• We integrate these services in good faith to enhance functionality and user experience, but we cannot guarantee their availability, accuracy, or security;
• You should review the privacy policies of all third-party services to understand their data practices and your rights;
• We may update, add, or remove third-party services from time to time. We will notify you of material changes when reasonably possible.

Data Sharing with Third-Party Services

We share only the minimum necessary information with third-party services to enable their functionality. The types of information shared may include:

• Device identifiers (such as advertising IDs, device IDs, or installation IDs);
• Technical information (such as device model, operating system version, app version);
• Usage data (such as feature usage, app events, session duration);
• Transaction information (such as purchase history, subscription status);
• Crash and performance data (such as error logs, stack traces);
• User identifiers (such as anonymized user IDs or account identifiers).

We do not share your photos, personal albums, or user-generated content with these third-party services unless explicitly required for a specific feature you choose to use (such as social sharing features).

Opting Out of Third-Party Data Collection

While some third-party services are essential for core functionality, you may have options to limit data collection:

• Analytics and Advertising: You can opt out of personalized advertising by adjusting your device settings (Limit Ad Tracking on iOS or Opt out of Ads Personalization on Android).
• Crashlytics: You can opt out of crash reporting in the app settings, though this may impact our ability to fix bugs affecting your experience.
• Location Services: You can disable location permissions for PhotoCab in your device settings at any time.
• Social Login: You can choose not to use social login features and instead create an account directly with PhotoCab.

Changes to Third-Party Services

Third-party services may update their terms of service and privacy policies from time to time. We encourage you to periodically review their policies. We will make reasonable efforts to notify you of material changes to the third-party services we use, but we are not responsible for changes made by these third parties.

9. Right of Withdrawal for EU Customers (Widerrufsbelehrung)

For Customers in the European Union: If you are a consumer located in the European Union, you have the right to withdraw from your purchase of digital content or services within 14 days without giving any reason, in accordance with EU Consumer Rights Directive 2011/83/EU.

Withdrawal Period and Procedure

The withdrawal period is 14 days from the date you entered into the subscription contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw by sending a clear statement to:

ODYSS LTD
128 City Road, London, United Kingdom, EC1V 2NX
Email: [email protected]

You may use the following model withdrawal form, but it is not obligatory:

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Early Waiver of Right of Withdrawal / Loss of Right to Withdraw

IMPORTANT - Express Waiver: The right of withdrawal expires prematurely if we have begun the full performance of the contract (i.e., providing you immediate access to premium subscription features) with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal once the service has started.

By subscribing to and immediately using PhotoCab's premium features, you explicitly:

• Request that we begin providing the digital service immediately upon purchase;
• Acknowledge that you will lose your right of withdrawal once you begin using the premium subscription features;
• Agree that by downloading, uploading, or using any premium features, the service has commenced and your right of withdrawal is thereby waived.

This acknowledgment is presented to you at the time of purchase through the App Store or Google Play Store checkout process, and by completing the purchase, you explicitly agree to this early waiver.

How to Request a Refund

If you are eligible to withdraw and wish to request a refund:

• For Apple App Store purchases: Contact Apple Support directly at https://support.apple.com/billing
• For Google Play Store purchases: Contact Google Play Support at https://support.google.com/googleplay
• For direct web purchases: Contact us at [email protected]

Please note that once you have begun using the premium features, your right of withdrawal has been waived as described above, and refunds will only be processed in accordance with the applicable platform's refund policy or as required by law.

10. Data Storage, International Transfers, and Service Disclaimer

US-Based Data Storage

IMPORTANT NOTICE: PhotoCab is operated by ODYSS LTD, a UK-registered company. However, all user data, including photos, images, metadata, and personal information, is stored on servers and infrastructure located in the United States of America.

We work exclusively with reputable US-based cloud service providers and infrastructure partners who comply with Standard Contractual Clauses (SCCs) approved by the European Commission. These SCCs provide legally binding safeguards to ensure that data transferred from the European Economic Area (EEA) to the United States receives an adequate level of protection in accordance with GDPR requirements.

Our US service providers implement appropriate technical and organizational measures, including encryption at rest and in transit, access controls, security audits, and compliance certifications to protect your data in accordance with international data protection standards.

International Data Transfers

By using PhotoCab, you acknowledge and explicitly consent to the transfer of your personal data and content to the United States and other countries where our service providers operate. These countries may have data protection laws that differ from those in your country of residence.

We ensure that all international data transfers are conducted in compliance with applicable data protection laws, including:

• GDPR (General Data Protection Regulation) for users in the European Economic Area;
• UK-GDPR for users in the United Kingdom;
• Other applicable national and international data protection legislation.

Intended Use: Private and Personal Purposes

Service Design and Target Audience: PhotoCab is designed and marketed primarily for private, personal, and family use. Our service is intended for individuals and families who wish to store, organize, and share personal photos from events such as:

• Family gatherings, vacations, and celebrations;
• Weddings, birthdays, and personal milestones;
• Private photo sharing with friends and relatives;
• Personal photo albums and memories;
• Other non-commercial, private use cases.

Institutional, Business, and Commercial Use Disclaimer

IMPORTANT LEGAL DISCLAIMER: While PhotoCab can technically be used by businesses, institutions, educational organizations, religious organizations, government entities, or other commercial users, we do not specifically design, market, or certify our service for such use cases.

If you are using PhotoCab in any of the following capacities, you acknowledge and agree that:

• Schools, Universities, and Educational Institutions: You are responsible for ensuring compliance with applicable educational data protection laws, including GDPR, FERPA (US), and any other relevant regulations;
• Churches, Religious Organizations, and Charitable Organizations: You are responsible for compliance with KDG (German Church Data Protection Law), GDPR, and other applicable religious and charitable organization regulations;
• Businesses, Corporations, and Commercial Entities: You are responsible for ensuring compliance with GDPR, CCPA, UK-GDPR, and all applicable commercial data protection laws;
• Government Agencies and Public Sector Organizations: You are responsible for compliance with applicable government data protection and information security requirements;
• Healthcare and Other Regulated Industries: PhotoCab is NOT designed for storing protected health information (PHI) or other highly regulated data. You use the service at your own risk and are fully responsible for regulatory compliance.

User Responsibility for Institutional and Commercial Use

YOU ACKNOWLEDGE AND AGREE THAT:

• You Act as Data Controller: If you use PhotoCab for business, institutional, or organizational purposes, YOU are the Data Controller (as defined under GDPR and other data protection laws) and are fully responsible for ensuring lawful processing of personal data;
• Compliance is Your Responsibility: You are solely responsible for conducting your own legal assessment, implementing appropriate safeguards, and ensuring that your use of PhotoCab complies with all applicable laws, regulations, and internal policies in your jurisdiction and industry;
• No Legal Advice Provided: We do not provide legal advice or compliance consulting. Any information in these Terms or our Privacy Policy is for general informational purposes only and does not constitute legal advice;
• Data Processing Agreements: If you require a formal Data Processing Agreement (DPA) for institutional use, please contact us at [email protected] to discuss enterprise-level solutions and legal arrangements;
• Consult Legal Counsel: We strongly recommend that institutional, commercial, and organizational users consult with qualified legal counsel to assess whether PhotoCab's service model, data storage location, and technical safeguards meet their specific legal and regulatory requirements.

User Responsibility for Photo Consent and Rights

CRITICAL USER OBLIGATION: Regardless of whether you use PhotoCab for private, business, or institutional purposes, YOU are the Data Controller for all photos and personal data you upload to PhotoCab. You are fully and solely responsible for:

• Obtaining Consent: Ensuring that you have obtained all necessary consents, permissions, and legal rights from all individuals whose images, likenesses, or personal data appear in the photos you upload;
• Right to Upload: Ensuring that you have the legal right to upload, store, and share each photo on PhotoCab;
• Compliance with Privacy Rights: Respecting the privacy rights, publicity rights, and image rights of all individuals depicted in your photos;
• Special Categories of Data: If your photos contain special categories of personal data (such as racial or ethnic origin, religious beliefs, health information, or biometric data), you are responsible for obtaining explicit consent as required by applicable law;
• Children's Data: If your photos include images of minors (children under 16 in the EU, or the applicable age in your jurisdiction), you are responsible for obtaining parental or guardian consent before uploading such photos.

PhotoCab's Liability Limitation

WE EXPRESSLY DISCLAIM ANY LIABILITY FOR:

• Your failure to obtain necessary consents from individuals depicted in photos you upload;
• Your violation of privacy rights, publicity rights, or image rights of third parties;
• Your non-compliance with GDPR, KDG, or other data protection laws when using PhotoCab for institutional, business, or organizational purposes;
• Any legal claims, fines, penalties, or damages arising from your unauthorized or unlawful uploading, storage, or sharing of photos without proper consent or legal authorization;
• Any regulatory enforcement actions, investigations, or complaints arising from your use of PhotoCab in a manner that violates applicable data protection laws.

By uploading photos to PhotoCab, you represent and warrant that you have obtained all necessary consents and have the legal right to upload, store, and share such photos. You agree to indemnify and hold PhotoCab harmless from any claims, damages, liabilities, or expenses arising from your breach of this obligation.

Contact for Institutional Users

If you are an institutional, business, or organizational user and wish to discuss:

• Enterprise-level service agreements;
• Data Processing Agreements (DPA);
• Custom compliance arrangements;
• Enhanced security features;
• Dedicated infrastructure options;

Please contact us at: [email protected]

We may be able to provide tailored solutions for qualified institutional users, subject to mutual agreement and additional terms.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using PhotoCab, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA), and other applicable privacy laws. You have certain rights regarding your personal data, as described in our Privacy Policy.

12. Termination

Termination by You: You may stop using the Services and terminate your account at any time by following the account deletion process in the PhotoCab app (Me → About → Delete Account) or by contacting us at [email protected].

Termination by Us: We may suspend or terminate your access to the Services, in whole or in part, immediately and without prior notice, if:

• You violate these Terms or any applicable laws or regulations;
• You engage in fraudulent, illegal, or harmful activities;
• You pose a security risk to PhotoCab or other users;
• You fail to pay required fees (for paid subscriptions);
• We are required to do so by law or by a court order;
• We decide to discontinue the Services or your access to them for any reason.

Effect of Termination: Upon termination:

• Your right to access and use the Services will immediately cease;
• We may delete or disable your account and all associated User Content, subject to our data retention policies and legal obligations;
• You will not be entitled to any refund of fees paid, except as required by law;
• All provisions of these Terms that by their nature should survive termination will remain in effect, including but not limited to Sections 6 (User Content and Intellectual Property), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), and 16 (Dispute Resolution).

13. Disclaimer of Warranties

THE SERVICES ARE 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;
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS;
• WARRANTIES REGARDING DATA INTEGRITY, AVAILABILITY, OR RECOVERABILITY.

Specific Disclaimers Regarding Data Loss and Service Availability

DATA LOSS DISCLAIMER: WE ARE NOT LIABLE FOR ANY DATA LOSS, CORRUPTION, DELETION, DESTRUCTION, DAMAGE, OR UNAVAILABILITY OF YOUR USER CONTENT (INCLUDING PHOTOS, IMAGES, AND METADATA) REGARDLESS OF CAUSE, INCLUDING BUT NOT LIMITED TO:

• Technical Failures: Hardware failures, software bugs, database corruption, storage system failures, network outages, or other technical malfunctions;
• Third-Party Service Failures: Failures, outages, data loss, or security breaches of our third-party infrastructure providers, cloud storage providers, CDN providers, or other service providers;
• Force Majeure Events: Natural disasters, acts of God, wars, terrorism, pandemics, government actions, power failures, internet disruptions, or other events beyond our reasonable control;
• Security Incidents: Unauthorized access, hacking attempts, malware, ransomware attacks, distributed denial-of-service (DDoS) attacks, or other malicious activities, even if we have implemented security measures;
• User Actions: Accidental or intentional deletion by you or authorized users of your account, unauthorized account access due to weak passwords or shared credentials, or misuse of account features;
• Account Termination: Data deletion following account termination by you or by us for Terms of Service violations;
• Service Changes: Modifications, updates, migrations, or discontinuation of Services or features.

CRITICAL NOTICE - BACKUP RESPONSIBILITY:

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUP COPIES OF ALL IMPORTANT PHOTOS AND DATA. While we implement backup systems for disaster recovery purposes, we do not guarantee that all data can be recovered in all circumstances. Our backup systems are designed for business continuity, not as a replacement for user-maintained backups.

WE STRONGLY RECOMMEND that you regularly download and maintain local copies of all irreplaceable photos and data. Do not rely solely on PhotoCab or any cloud service as your only copy of important data.

Third-Party Service Provider Disclaimer

RELIANCE ON THIRD-PARTY INFRASTRUCTURE: PhotoCab relies on third-party service providers for critical infrastructure, including but not limited to:

• Cloud storage and hosting providers;
• Content delivery networks (CDNs);
• Database and backup services;
• Authentication and security services;
• Payment processing services;
• Email and notification services;
• Analytics and monitoring services.

WE DISCLAIM ALL LIABILITY for any failures, outages, data loss, security breaches, service interruptions, or other issues caused by these third-party providers, even if:

• We have been advised of the possibility of such issues;
• Such issues were reasonably foreseeable;
• Such issues result from the third party's negligence or misconduct;
• Such issues cause significant harm or loss to you or others.

We select reputable third-party providers and implement contractual safeguards, but we cannot control or guarantee their performance, security, or availability. Your use of PhotoCab acknowledges and accepts the inherent risks of relying on third-party infrastructure.

General Warranty Disclaimer

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not warrant, endorse, guarantee, or assume responsibility for any products or services offered by third parties or featured on the Services. We are not responsible for the content, accuracy, or opinions expressed in any third-party materials.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOCAB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM THE CONDUCT OF ANY THIRD PARTY ON THE SERVICES;
• DAMAGES RESULTING FROM THE DELETION, LOSS, OR CORRUPTION OF YOUR USER CONTENT;
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO PHOTOCAB IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION of LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless PhotoCab and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services;
• Your User Content;
• Your violation of these Terms;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
• Your violation of any applicable laws or regulations.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims.

16. Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. If you are a consumer resident in the European Union, United Kingdom, or Switzerland, you also benefit from any mandatory provisions of the consumer protection law of your country of residence that cannot be waived by agreement.

Informal Resolution - Please Contact Us First

IMPORTANT - We Want to Help: Before considering any formal dispute resolution procedures, we strongly encourage you to contact us directly at [email protected]. We are committed to resolving any issues or concerns you may have quickly and fairly.

Most disputes can be resolved through direct communication. We will work with you in good faith and make reasonable efforts to reach a mutually satisfactory resolution within 60 days of receiving your notice. Our goal is to address your concerns promptly and avoid the time and expense of formal proceedings.

EU/UK Consumer Rights

If you are a consumer located in the European Union, United Kingdom, or Switzerland, the arbitration provisions below do not apply to you to the extent they are prohibited by mandatory consumer protection laws in your jurisdiction. Nothing in these Terms affects your statutory rights as a consumer under applicable EU, UK, or Swiss law.

Should you need to pursue formal resolution after attempting to resolve the matter directly with us, you retain the right to bring disputes in the courts of your country of residence or in the courts of England and Wales. For information purposes, alternative dispute resolution options are available through the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Binding Arbitration (Non-EU/UK/Swiss Users Only)

THE FOLLOWING ARBITRATION PROVISIONS APPLY ONLY TO USERS WHO ARE NOT CONSUMERS LOCATED IN THE EU, UK, OR SWITZERLAND:

If we cannot resolve a dispute through informal communication, you and PhotoCab agree to resolve any disputes arising out of or relating to these Terms or the Services through final and binding arbitration, except that:

• You may assert claims in small claims court if your claims qualify and remain within the small claims court's jurisdiction;
• Either party may seek injunctive or other equitable relief in court for infringement or other misuse of intellectual property rights;
• Either party may seek urgent interim relief in court to prevent irreparable harm while arbitration is pending.

The arbitration will be conducted in accordance with applicable arbitration rules in a jurisdiction mutually agreed upon by the parties, or if no agreement can be reached, in London, United Kingdom. The arbitration will be conducted in English. You and PhotoCab agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Costs: Each party shall bear its own costs of arbitration, except that the arbitrator may award reasonable attorneys' fees and costs to the prevailing party if permitted by applicable law.

Class Action Waiver (Non-EU/UK/Swiss Users)

To the extent permitted by applicable law, you and PhotoCab agree to waive the right to participate in a class action, class arbitration, or representative action. This waiver does not apply to EU, UK, or Swiss consumers to the extent prohibited by mandatory consumer protection laws.

Jurisdiction and Venue

Subject to the arbitration provisions above (which do not apply to EU/UK/Swiss consumers), any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of England and Wales, and you consent to the personal jurisdiction of such courts. However, if you are a consumer in the EU, UK, or Switzerland, you may bring proceedings in the courts of your country of residence.

17. Export Control and International Use

The Services may be subject to export control laws and regulations. You agree to comply with all applicable export control laws and regulations, including those of the United States and other jurisdictions. You represent that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

18. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will:

• Provide notice through the Services, by email, or by other reasonable means;
• Update the "Last Updated" date at the top of these Terms;
• For material changes, provide at least 30 days' notice before the changes take effect (where required by law, such as in the European Union).

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services and may terminate your account.

19. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and PhotoCab regarding the Services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms or any rights hereunder without restriction.

Force Majeure: We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, internet failures, or government actions.

Third-Party Services: The Services may integrate with or link to third-party services. We are not responsible for the content, privacy practices, or availability of such third-party services. Your use of third-party services is subject to their respective terms and conditions.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms, please contact us at:

Email: [email protected]

We will respond to your inquiry as soon as reasonably possible.