Terms of Service - Photoglacier

1. Scope

These Terms of Service govern your use of the Photoglacier platform, operated by:

Franz Kuben nord3 digital e.U. Rottal 33 3874 Haugschlag Austria

Referred to below as “Photoglacier”, “we”, or “us”. The person using the service is referred to as “User” or “you”.

2. Service Description

Photoglacier is a Software-as-a-Service (SaaS) platform that enables photographers to create, manage, and share photo galleries with their clients. The exact features available depend on your chosen plan and can be viewed on our website.

3. Registration and Account Creation

3.1 Requirements

To use Photoglacier, you must:

Be at least 18 years old
Have a valid email address
Accept these Terms of Service

3.2 Account Limitation

Only one account per person is permitted. If you have a legitimate need for multiple accounts (e.g., separate business entities), please contact us to request an exception.

3.3 Account Information

You agree to provide truthful and current information during registration and to keep this information up to date. You are responsible for maintaining the confidentiality of your login credentials.

3.4 Account Security

You must notify us immediately at hello@photoglacier.com if you become aware of any unauthorized access to or use of your account. Photoglacier is not liable for any loss or damage arising from unauthorized use of your account where you have failed to maintain the confidentiality of your credentials or to notify us promptly.

4. Plans and Payment Terms

4.1 Plans

Photoglacier offers various plans, with current features and pricing available on our website. We reserve the right to change prices. Existing users will be notified of price changes at least 30 days before they take effect, applying from the next billing cycle.

4.2 Payment

Payment is due in advance for each billing period (monthly or annually) through our payment processor Stripe. By selecting a paid plan, you authorize us to automatically charge the applicable fees.

4.3 Taxes

All prices displayed on our website are net prices, excluding applicable taxes. Value Added Tax (VAT) or other applicable taxes will be added at checkout based on your location and business status. Business customers in the EU may provide a valid VAT identification number for reverse-charge treatment. You are responsible for any taxes applicable in your jurisdiction.

4.4 Refunds

As a general policy, no refunds are provided for billing periods that have already started. In exceptional circumstances, particularly in cases of errors on our part, we may issue refunds at our sole discretion.

5. Team Features

5.1 Team Members

Certain plans allow adding team members. The account owner is responsible for all actions taken by their team members and must ensure that team members comply with these Terms of Service.

5.2 Liability

Violations by team members may result in actions against the entire account as described in Section 12.3.

5.3 Collaborative Features (Boards)

Certain plans include collaborative features (“Boards”) that allow team members and invited guests to review images, add comments, draw annotations, and track approval statuses. The following rules apply:

The account owner is responsible for all content created within Boards, including comments and annotations posted by team members or guests.
Comments, annotations, and approval data are treated as user content under Section 6 and are subject to the same usage rules (Section 7).
When a Board or the associated account is deleted, all related comments, annotations, version history, and approval data are permanently deleted.
Guest access to Boards is governed by the same obligations as team member access. The account owner is responsible for ensuring that guests comply with these Terms.

6. Usage Rights and Intellectual Property

6.1 Ownership of Content

You retain complete ownership and all rights to your uploaded photos and content. Photoglacier claims no ownership rights to your content whatsoever.

6.2 License to Photoglacier

You grant Photoglacier a limited, non-exclusive license to store, display, and transmit your content solely for the purpose of providing the service. This includes photos, comments, annotations, and other content created through collaborative features. This license terminates when you delete your content or your account.

6.3 Marketing

We will not use your galleries or photos for marketing purposes without your explicit prior consent.

6.4 Platform Ownership

Photoglacier, including all software, designs, and trademarks, is the intellectual property of nord3 digital e.U. and is protected by copyright and trademark law.

7. Usage Rules

7.1 Permitted Use

Photoglacier may only be used for lawful purposes. You agree to use the platform only for professional or personal photography purposes.

7.2 Prohibited Content

The following content is prohibited:

Content that violates applicable law
Content to which you do not hold the rights
Nudity or sexually explicit content
Content glorifying violence or promoting hatred
Content that endangers or exploits minors
Malware or malicious code
Spam or misleading content

7.3 Prohibited Activities

The following activities are prohibited:

Abusing the platform or circumventing usage limits
Reverse engineering or decompiling the software
Automated mass queries without permission
Compromising platform security or stability
Reselling the service without permission

7.4 Copyright Infringement and Takedown

If you believe that content hosted on Photoglacier infringes your copyright or other intellectual property rights, please send a notice to hello@photoglacier.com containing:

A description of the copyrighted work you claim has been infringed
The URL or location of the allegedly infringing content on our platform
Your contact information (name, email address, phone number)
A statement that you have a good faith belief that the use is not authorized by the rights holder
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf

We will review and respond to valid notices promptly and may remove or disable access to content that is found to be infringing. Users who repeatedly upload infringing content may have their accounts terminated.

8. Custom Domains

8.1 Features

Certain plans allow the use of custom domains for galleries. Photoglacier automatically provides SSL certificates via Let’s Encrypt.

8.2 Requirements

You are responsible for:

Registering and renewing your domain with a domain registrar
Correctly configuring DNS records according to our instructions
Complying with your domain registrar’s terms of service

8.3 Liability

Photoglacier is not liable for:

Outages or delays caused by incorrect DNS configuration
Issues with your domain registrar
Delays in SSL certificate issuance by Let’s Encrypt

8.4 Termination

Upon cancellation of your account or downgrade to a plan without custom domain functionality, you must remove your DNS records yourself. Your custom domain will continue to function until your account transitions to the lower plan or read-only mode.

9. Availability and Support

9.1 Availability

We aim to maintain 99.9% platform availability measured on a monthly basis, excluding scheduled maintenance windows. However, this is a target, not a guarantee. We cannot guarantee uninterrupted, error-free access at all times. Scheduled maintenance will be announced when possible.

9.2 Support

Support is provided via email at hello@photoglacier.com. We aim to respond promptly but cannot guarantee specific response times.

10. Responsibility for Gallery Visitors

10.1 Photographer as Data Controller

When you share galleries with your clients, you are the data controller responsible for your clients’ data (e.g., email addresses from downloads). You agree to:

Inform your clients about data processing
Comply with applicable data protection laws
Use your clients’ data only for agreed purposes

10.2 Your Own Legal Notice and Privacy Policy

Photoglacier provides you with the ability to add your own legal notice (Impressum) and privacy policy in your account settings. These are displayed in the footer of your galleries. As a business user, you are required to provide a legally compliant legal notice and privacy policy that meets the requirements of your country.

10.3 Data Processing Agreement

When you use Photoglacier to share galleries with your clients, you (the photographer) act as the data controller and Photoglacier acts as the data processor within the meaning of Art. 28 GDPR. By using the service, you enter into this data processing agreement with Photoglacier. The following provisions apply:

Subject matter and duration: Photoglacier processes personal data of your gallery visitors for the purpose of providing the gallery hosting service. Processing begins when you create a gallery and ends when you delete the gallery or your account.

Nature and purpose: The processing includes storing, displaying, and transmitting photos and gallery content; collecting technical access data (anonymized IP addresses, browser type, access time); and, where you opt in, collecting anonymized analytics data. Email addresses are processed when gallery visitors download photos or register.

Categories of data subjects: Your clients and gallery visitors.

Types of personal data: Email addresses, anonymized IP addresses, browser metadata, access timestamps, and interaction data.

Processor obligations: Photoglacier shall:

Process personal data only on your documented instructions and in accordance with these Terms
Ensure that persons authorized to process the data are bound by confidentiality obligations
Implement appropriate technical and organizational measures to ensure the security of processing
Not engage another processor without your prior consent (see Section 10.4)
Assist you in fulfilling your obligation to respond to data subject requests (right of access, rectification, erasure, etc.)
Assist you in ensuring compliance with security, breach notification, and data protection impact assessment obligations
At your choice, delete or return all personal data after the end of the service, unless retention is required by law
Make available to you all information necessary to demonstrate compliance with Art. 28 GDPR obligations

Audit rights: You have the right to conduct audits, including inspections, to verify compliance with this data processing agreement. Such audits shall be conducted with reasonable prior notice and during normal business hours, and shall not unreasonably interfere with Photoglacier’s operations.

10.4 Sub-Processors

Photoglacier uses the sub-processors listed in our Privacy Policy (Section 5) to provide the service. By agreeing to these Terms, you provide general authorization for the use of these sub-processors.

We will notify you by email at least 30 days before adding or replacing a sub-processor. If you object to a new sub-processor, you may terminate your account before the change takes effect. If you do not object within the 30-day notice period, the new sub-processor is deemed approved.

11. Right of Withdrawal

11.1 Business Customers

Photoglacier is primarily aimed at business users (photographers). For contracts concluded in the course of your commercial or self-employed professional activity, there is no statutory right of withdrawal.

11.2 Consumers

If you exceptionally use Photoglacier as a consumer, you are generally entitled to a 14-day right of withdrawal. However, by registering and using the service, you agree that we begin providing the service immediately. You acknowledge that your right of withdrawal expires upon complete performance of the contract.

For paid plans, you may exercise your right of withdrawal within 14 days of concluding the contract. In this case, we will refund the amount paid, less a reasonable amount for services provided up to the withdrawal.

To exercise your right of withdrawal, send a clear statement to hello@photoglacier.com.

12. Cancellation and Account Termination

12.1 Cancellation by User

You may cancel your account at any time. Cancellation takes effect at the end of the current billing period. Your account will then revert to the Free plan. If your content is within the Free plan limit (currently 5 GB), your galleries remain fully functional. Content exceeding the Free plan limit may be deleted after a prolonged period of inactivity. You will be notified multiple times by email before any deletion takes place, giving you the opportunity to download your content or reactivate your account.

12.2 Downgrade

When downgrading to a lower plan, if your content exceeds the storage limit of the new plan, you will be asked to reduce your content. Your existing galleries remain accessible during this time. After a prolonged period of inactivity without adjustment, content exceeding the new plan’s limit may be removed. You will be notified by email before any deletion takes place.

12.3 Termination by Photoglacier

We may terminate your account under the following circumstances:

For minor violations (e.g., exceeding usage limits): We will notify you and provide 7 days to remedy the issue.

For serious violations (e.g., illegal content, fraud, abuse): Immediate termination without notice and without refund.

For non-payment: After 14 days of non-payment, your account will be suspended. After an additional 14 days, your account will be terminated.

12.4 Account Deletion

You can permanently delete your account at any time via the account settings. After confirming the deletion, a 7-day grace period begins during which you can still reverse the deletion. After the grace period expires, all account data, uploaded content, and galleries are permanently deleted. You will receive a confirmation email once the deletion is complete.

13. Liability

13.1 Limitation of Liability

Our liability for contractual breaches is limited to the fees you paid in the 12 months prior to the event giving rise to the claim.

13.2 Exclusions

This limitation of liability does not apply to:

Damages resulting from injury to life, body, or health
Damages caused by intent or gross negligence
Mandatory statutory liability provisions

13.3 No Warranty

Photoglacier is provided “as is”. We make no guarantees regarding uninterrupted, error-free, or secure use of the platform.

13.4 Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our reasonable control (force majeure).

13.5 Indemnification

You agree to indemnify and hold harmless Photoglacier, its owner, and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

Content you upload, publish, or share through the platform, including comments, annotations, and feedback posted by you or your team members
Your violation of these Terms or applicable law
Your infringement of any third-party rights, including intellectual property or privacy rights
Your use of the platform in connection with your clients

This indemnification obligation survives the termination of your account.

14. Privacy

The processing of personal data is governed by our Privacy Policy.

15. Changes to Terms

We reserve the right to modify these Terms. Material changes will be communicated to you via email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance of the modified terms.

16. Final Provisions

16.1 Governing Law

These Terms are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

16.2 Jurisdiction

To the extent permitted by law, the courts of Krems an der Donau, Austria have exclusive jurisdiction over all disputes arising from or in connection with these Terms.

16.3 Online Dispute Resolution

In accordance with EU Regulation No. 524/2013, we inform you that the European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.5 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Photoglacier.

17. Contact

For questions about these Terms, please contact us at:

Email: hello@photoglacier.com