Terms and Conditions

1. Acceptance of Terms

By accessing or using PhotoShard ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you may not use the Service. These terms constitute a legally binding agreement between you and PhotoShard.

2. Service Description

PhotoShard is a cloud-based photo gallery hosting platform that allows users to upload, organize, and share photographs. Each account operates on a unique subdomain and is provided with storage, album management, guest upload functionality, and related features.

3. Account Registration

To use the Service, you must create an account by providing a valid email address and choosing a subdomain. You are responsible for maintaining the security of your account and for all activities that occur under your account. You must provide accurate and complete information during registration. You may not create an account using a false identity or on behalf of another person without their permission.

4. Hosting and Data Location

All content and data is hosted within the European Union (EU). Our servers and storage infrastructure are located in EU data centres. By using the Service, you acknowledge that your data will be stored and processed within the EU in accordance with applicable EU data protection laws.

5. Privacy and Data Protection (GDPR)

We are committed to protecting your personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection legislation. We collect and process personal data only as necessary to provide the Service. This includes your email address, IP address, and any content you upload.

You have the right to access, rectify, erase, and port your personal data. You may also object to or restrict the processing of your data. To exercise these rights, contact us at the email address associated with your account's administrative contact.

We do not sell, rent, or share your personal data with third parties for marketing purposes. Data may be shared only with service providers necessary to operate the platform (e.g., email delivery, infrastructure hosting), and only under strict data processing agreements.

6. Acceptable Use and Prohibited Content

You agree not to upload, store, share, or transmit any content that:

• Is illegal under the laws of the European Union, the United States of America, or the United Kingdom
• Contains child sexual abuse material (CSAM) or any sexualised depiction of minors
• Promotes terrorism, violence, or incites hatred against any group based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
• Contains non-consensual intimate imagery or "revenge pornography"
• Infringes on the intellectual property rights, copyrights, trademarks, or trade secrets of others
• Contains malware, viruses, or any code designed to disrupt, damage, or limit the functionality of any software or hardware
• Constitutes spam, phishing, or fraudulent content
• Violates the privacy rights of any third party, including the publication of personal data without consent
• Contains content that is defamatory, obscene, or otherwise objectionable
• Is used for any purpose that violates applicable export control or sanctions regulations

We reserve the right to determine, at our sole discretion, whether content violates these terms.

7. Content Moderation

Content uploaded to the Service may be reviewed, moderated, or deleted by our moderation team. We reserve the right to review any content hosted on the platform at any time, with or without notice, for the purpose of ensuring compliance with these terms and applicable law.

Users may report content they believe violates these terms using the reporting feature built into the Service. Reported content will be reviewed promptly. We may remove content and suspend or terminate accounts that violate these terms without prior notice.

We cooperate with law enforcement authorities and may disclose user information and content when required by law or when we believe in good faith that disclosure is necessary to protect rights, safety, or property.

8. Intellectual Property

You retain all ownership rights to the content you upload to the Service. By uploading content, you grant us a limited, non-exclusive licence to host, store, serve, and display your content solely for the purpose of providing the Service to you and those you share it with.

The Service itself, including its design, code, and branding, is the intellectual property of PhotoShard and may not be copied, modified, or distributed without permission.

9. Subscriptions and Payment

The Service offers a free trial period, after which a paid subscription is required to continue use. Subscription plans, pricing, and features are listed on our pricing page and may change with reasonable notice. Payments are non-refundable except where required by law. You may cancel your subscription at any time; access will continue until the end of the current billing period.

10. Storage and Limits

Each account is subject to storage limits based on the selected subscription plan. If you exceed your storage limit, you will be unable to upload new content until you upgrade your plan or free up space. We reserve the right to delete content from accounts that have been inactive for more than 12 months or that exceed their storage limits for an extended period after reasonable notice.

11. Account Termination

We may suspend or terminate your account at any time if you violate these terms, if your account is used for illegal activity, or if we are required to do so by law. You may delete your account at any time by contacting us. Upon termination, your data will be deleted within 30 days, except where we are required to retain it by law.

12. Availability and Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or secure. We are not liable for any loss or corruption of data. You are solely responsible for maintaining backups of your content.

13. Limitation of Liability

To the maximum extent permitted by law, PhotoShard shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of revenue, or loss of business opportunities, arising from your use of or inability to use the Service. Our total liability for any claim arising from the Service shall not exceed the total amount paid by you in the 12 months preceding the claim.

14. Indemnification

You agree to indemnify and hold harmless PhotoShard, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Service, your content, or your violation of these terms.

15. Changes to Terms

We may update these terms from time to time. Material changes will be communicated via email or notice on the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised terms.

16. Governing Law

These terms are governed by and construed in accordance with the laws of the European Union and the applicable member state in which the Service is operated. Any disputes shall be subject to the exclusive jurisdiction of the courts in that jurisdiction. Nothing in these terms affects your statutory rights as a consumer under applicable EU or national law.

17. Contact

If you have questions about these terms, please contact us through the administrative email associated with the Service.