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Terms of Service

Effective date:

These Terms of Service ("Terms") govern your access to and use of the Picfolio platform — including our website at picfolio.co, our iOS application, and related services (collectively, the "Service") — operated by Algoritmo Software Inc. ("Picfolio," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Who Can Use Picfolio

You must be at least 13 years old to create an account. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

We offer two account types:

  • Studios — photographers and businesses that upload photos, create events, and sell digital downloads or prints to buyers.
  • Buyers — individuals who browse event galleries and purchase photos or prints.

2. Accounts and Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Notify us immediately at support@picfolio.co if you suspect unauthorized access.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

3. Content and Licenses

Studio Content

Studios retain all ownership rights to photos they upload ("Studio Content"). By uploading Studio Content, you grant Picfolio a limited, non-exclusive, royalty-free license to host, store, display, and deliver that content solely to operate the Service (including displaying thumbnails to buyers and generating AI Touch-Up previews). We do not claim any other rights to your photos.

Buyer Licenses

When a buyer purchases a digital photo, the studio grants the buyer a personal, non-commercial license to download and use that photo for personal use only unless the studio expressly indicates otherwise. Buyers may not resell, sublicense, or use purchased photos for commercial purposes without written permission from the studio.

Prohibited Content

You may not upload or share content that:

  • Violates any applicable law or regulation
  • Infringes the intellectual property rights of any third party
  • Contains nudity or sexually explicit material involving minors
  • Is defamatory, harassing, or threatening
  • Contains malware, viruses, or other malicious code

We reserve the right to remove content that violates these Terms without notice.

4. Purchases and Payments

Pricing

Studios set the price for their photos and prints. Prices are displayed in US dollars unless otherwise indicated. Picfolio charges studios a platform fee on each transaction as described in the pricing schedule published on the Service.

Payment Processing

Payments are processed by Stripe, Inc. or other payment processors we may support. By making a purchase, you agree to the applicable payment processor's terms of service. Picfolio does not store full payment card data.

Refunds

Digital downloads are generally non-refundable once delivered. If you believe there is a defect with your order — such as a corrupted file or a fulfillment error for a print order — contact us within 14 days of purchase at support@picfolio.co and we will work with you to resolve the issue.

Taxes

Buyers are responsible for any applicable sales taxes or other taxes imposed by their jurisdiction. Picfolio will collect and remit taxes where required by law.

5. Vouchers and Promotions

Studios may issue voucher codes to buyers. Vouchers are subject to the terms set by the issuing studio, have no cash value, and cannot be transferred unless the studio allows it. Picfolio is not responsible for the terms or fulfillment of studio-issued vouchers.

6. AI Features

The Service includes optional AI Touch-Up features that apply automated enhancements to photos. These features are offered "as is" and results may vary. By purchasing an AI Touch-Up add-on, you acknowledge that the output is algorithmically generated and may differ from what a human editor would produce.

Picfolio does not use your photos to train AI models without your explicit consent.

7. Acceptable Use

You agree not to:

  • Scrape, crawl, or automatically access the Service without our written permission
  • Attempt to reverse-engineer, decompile, or disassemble any part of the Service
  • Circumvent any security or access-control measure
  • Use the Service to send spam or unsolicited communications
  • Impersonate another person or entity
  • Interfere with or disrupt the Service or servers or networks connected to it

8. Intellectual Property

Except for Studio Content, all content and software comprising the Service — including the Picfolio name, logo, product design, and underlying code — is owned by or licensed to Picfolio and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use Picfolio branding without our prior written consent.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICFOLIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PICFOLIO IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100).

11. Indemnification

You agree to indemnify and hold harmless Picfolio and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) content you upload, or (c) your violation of these Terms or any applicable law.

12. Termination

You may close your account at any time by contacting us at support@picfolio.co. We may suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms.

Upon termination, all licenses granted to you under these Terms will immediately cease. Sections 3 (Content and Licenses — ownership provisions), 8 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination.

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective date" at the top of this page and, for material changes, notify you by email or a prominent notice on the Service. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the changes.

15. Contact Us

If you have questions about these Terms, please reach out:

Algoritmo Software Inc.

222 Bay Street

Toronto, ON M5K 1E7, Canada

Email: legal@picfolio.co