Terms of Service — PhotoSell

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and PhotoSell, operated by ITViet s.r.o., a company registered in the Czech Republic (“PhotoSell,” “we,” “us,” or “our”). By creating an account, accessing, or using the PhotoSell platform at photosell.app and all associated services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the Platform.

1. Definitions

“Platform” means the PhotoSell website, applications (including Zalo Mini App), APIs, and all related services.
“Photographer” means a User who creates a Photographer account to upload, showcase, and sell photographic works.
“Customer” means any individual or entity that browses, purchases, or downloads photos through the Platform.
“Content” means all photos, images, text, metadata, logos, watermarks, and other materials uploaded by Users.
“Subscription” means the paid plan a Photographer subscribes to for access to Platform features.
“Gallery” means a Photographer's publicly accessible portfolio and storefront on the Platform.
“Order” means a Customer's purchase of one or more photos from a Photographer's Gallery.

2. Eligibility

You must be at least 16 years of age (or the age of majority in your jurisdiction, whichever is higher) to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization.

3. Accounts

3.1 Registration

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

3.2 Account Types

Photographer Account: Enables you to create Galleries, upload photos, set pricing, receive payments, and use studio management tools.
Customer Account: Enables you to browse Galleries, purchase photos, and manage your orders. Customers may also check out as guests.
Admin Account: Reserved for PhotoSell staff for platform administration purposes.

3.3 Account Security

You must immediately notify us at [email protected] of any unauthorized access or security breach relating to your account. PhotoSell shall not be liable for any loss arising from unauthorized use of your account where you have failed to maintain the security of your credentials.

3.4 Account Suspension and Termination

You may deactivate your account at any time through your account settings. We reserve the right to suspend or terminate your account, without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or if required by law. Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including but not limited to Sections 7, 9, 10, 11, 12, and 15) shall survive.

4. Platform Services

4.1 Marketplace Model

PhotoSell operates as a technology platform that enables Photographers to sell their photos to Customers. PhotoSell is not a party to the transaction between Photographer and Customer. Each Photographer is solely responsible for the content, pricing, quality, and delivery of their photos.

4.2 Service Availability

We strive to maintain high availability but do not guarantee that the Platform will be available at all times. We may perform scheduled maintenance, deploy updates, or experience unforeseen outages. We will make reasonable efforts to notify Users of planned downtime in advance.

4.3 Service Modifications

We reserve the right to modify, update, or discontinue any feature or service of the Platform at any time. For material changes that affect paid Subscriptions, we will provide at least 30 days' notice.

5. Photographer Obligations

5.1 Content Ownership and Licensing

You retain full ownership of all Content you upload to the Platform. By uploading Content, you grant PhotoSell a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

Host, store, cache, and serve your Content through our infrastructure;
Process your Content (resize, compress, convert format, generate thumbnails, apply watermarks);
Display your Content in Galleries, search results, promotional materials, and marketing campaigns for the Platform;
Transmit and distribute your Content to fulfill Customer Orders;
Use your Content for machine learning, AI processing, and feature improvement purposes within the Platform.

This license persists for as long as your Content remains on the Platform and for a reasonable period thereafter to complete pending Orders and maintain backup copies.

5.2 Content Representations

By uploading Content, you represent and warrant that:

You own or have obtained all necessary rights, licenses, and permissions to the Content;
The Content does not infringe any third party's intellectual property, privacy, or other rights;
You have obtained all necessary model releases and property releases;
The Content complies with all applicable laws and regulations;
The Content does not contain malware, viruses, or harmful code.

5.3 Prohibited Content

You may not upload Content that:

Depicts child sexual abuse material (CSAM) or exploitation of minors in any form;
Contains non-consensual intimate imagery;
Promotes violence, terrorism, or illegal activities;
Constitutes hate speech, harassment, or discrimination;
Infringes on trademarks, copyrights, or other proprietary rights;
Is fraudulent, deceptive, or misleading;
Contains personal data of third parties without their consent.

We reserve the right to remove any Content that violates these guidelines immediately and without prior notice. Repeated violations will result in account termination.

5.4 Pricing and Transactions

Photographers set their own prices for photos and are solely responsible for the accuracy of pricing. PhotoSell is not responsible for pricing errors made by Photographers. Once a Customer completes a purchase, the Photographer is obligated to fulfill the Order (provide download access to the purchased photos).

5.5 Tax Obligations

You are solely responsible for determining, collecting, reporting, and remitting all applicable taxes on your earnings from the Platform, including but not limited to income tax, VAT, and sales tax. PhotoSell does not withhold taxes on your behalf and does not provide tax advice. You agree to indemnify PhotoSell from any tax liability arising from your use of the Platform.

6. Customer Obligations

6.1 Purchases

By placing an Order, you agree to pay the listed price plus any applicable taxes or fees. All purchases are final unless otherwise stated in our Refund Policy (Section 8). The purchased photos are licensed, not sold — you receive a limited license to use the photos as specified by the Photographer's license terms.

6.2 Permitted Use

Unless the Photographer grants a broader license, purchased photos are for personal, non-commercial use only. You may not resell, redistribute, sublicense, or publicly display purchased photos without the Photographer's explicit written permission.

6.3 Download Links

Download links are time-limited and have a maximum number of download attempts. It is your responsibility to download your purchased photos within the specified timeframe. PhotoSell is not obligated to provide additional download access after the link expires, though we may do so at our discretion.

7. Subscription and Billing

7.1 Plans and Pricing

PhotoSell offers multiple subscription plans with varying features, storage limits, and capabilities. Current pricing is available at photosell.app/pricing. We reserve the right to change pricing with at least 30 days' notice; existing Subscriptions will honor the current price until the end of the billing cycle.

7.2 Commission Structure

PhotoSell charges 0% commission on all photo sales. Photographers keep 100% of their sales revenue. Our revenue comes solely from Subscription fees. Payment processor fees (e.g., Stripe fees) are separate and charged directly by the payment processor.

7.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected. Billing begins on the date of subscription and recurs on the same date each billing period. Annual plans are discarged at a discounted rate compared to monthly billing.

7.4 Upgrades and Downgrades

You may upgrade your plan at any time; the price difference will be prorated for the remaining billing period. Downgrades take effect at the start of the next billing cycle. If your current usage exceeds the limits of the downgraded plan, you must reduce usage before the downgrade takes effect.

7.5 Cancellation

You may cancel your Subscription at any time. Upon cancellation, your account will revert to the Free plan at the end of the current billing period. No prorated refunds will be issued for unused portions of the billing period. Your Content will remain on the Platform subject to Free plan limits.

7.6 Group Purchases

PhotoSell may offer group purchasing programs allowing multiple Photographers to subscribe together at a discounted rate. Group purchases are subject to additional terms displayed at the time of purchase, including minimum member requirements, enrollment periods, and discount tiers. Each group member maintains an individual account and Subscription.

8. Payments and Refunds

8.1 Payment Processing

Payments are processed through third-party payment processors including Stripe, VietQR, Momo, and ZaloPay. By making a purchase, you agree to the terms of the applicable payment processor. PhotoSell does not store credit card numbers or sensitive payment credentials on its servers.

8.2 Photographer Payouts

Sales proceeds are transferred to Photographers through their configured payment method (Stripe Connect, bank transfer, or Vietnamese payment gateways). Payout timing depends on the payment processor's schedule and policies. PhotoSell is not responsible for delays caused by payment processors or banking institutions.

8.3 Refund Policy — Subscription Fees

Subscription fees are non-refundable except where required by applicable consumer protection law. If you believe you are entitled to a refund, contact us within 14 days of the charge at [email protected].

8.4 Refund Policy — Photo Purchases

Due to the digital nature of photos, Customer purchases are generally non-refundable once download access has been provided. Refunds for photo purchases are at the sole discretion of the Photographer. PhotoSell may facilitate the refund process but is not obligated to issue refunds for disputes between Photographers and Customers.

8.5 Chargebacks

If a Customer initiates a chargeback or payment dispute, PhotoSell reserves the right to suspend the Customer's account and withhold any pending payouts to the relevant Photographer until the dispute is resolved. Photographers agree to cooperate with PhotoSell in responding to chargebacks.

9. Intellectual Property

9.1 Platform IP

The Platform, including its source code, design, features, branding, logos, documentation, and all related intellectual property, is owned exclusively by PhotoSell and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, reverse-engineer, decompile, or create derivative works of any part of the Platform without our prior written consent.

9.2 Trademarks

“PhotoSell,” the PhotoSell logo, and all related names, logos, and slogans are trademarks of PhotoSell. You may not use these marks without our prior written permission, except to identify PhotoSell as a service you use (e.g., “Powered by PhotoSell”).

9.3 DMCA and Copyright Complaints

We respect intellectual property rights. If you believe that Content on the Platform infringes your copyright, please submit a notice to [email protected] containing:

Identification of the copyrighted work;
Identification of the infringing material with a link;
Your contact information;
A statement of good faith belief that the use is not authorized;
A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized agent;
Your physical or electronic signature.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

PhotoSell shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, arising from or related to your use of or inability to use the Platform, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if PhotoSell has been advised of the possibility of such damages.
PhotoSell's total aggregate liability for all claims arising from or related to these Terms or the Platform shall not exceed the greater of: (a) the total Subscription fees you paid to PhotoSell in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty euros (€50).
PhotoSell is not liable for any acts, omissions, Content, or conduct of Photographers, Customers, or other third parties on the Platform.
PhotoSell is not liable for any loss or corruption of Content uploaded to the Platform. You are solely responsible for maintaining backup copies of your Content.

11. Disclaimers

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOSELL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE PLATFORM;
WARRANTIES THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

12. Indemnification

You agree to indemnify, defend, and hold harmless PhotoSell, its parent company, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising from or related to:

Your use of or access to the Platform;
Your Content or any transaction involving your Content;
Your violation of these Terms or any applicable law or regulation;
Your infringement of any third party's rights, including intellectual property, privacy, or publicity rights;
Any dispute between you and a Customer or another Photographer;
Your tax obligations or failure to comply with tax laws.

13. Data Processing

Where Photographers collect personal data from Customers through the Platform (e.g., email addresses for order delivery), the Photographer acts as the data controller and PhotoSell as the data processor. Photographers must comply with all applicable data protection laws (including GDPR where applicable) and must not use Customer data for purposes unrelated to fulfilling Orders without the Customer's explicit consent. Our processing of personal data is described in our Privacy Policy.

14. Acceptable Use

You agree not to:

Use the Platform for any illegal purpose or in violation of any applicable law;
Interfere with or disrupt the Platform's infrastructure, security, or other Users' use;
Attempt to gain unauthorized access to any part of the Platform, other accounts, or systems;
Use automated tools (bots, scrapers, crawlers) to access the Platform without our prior written consent;
Circumvent or disable any security or access control features;
Upload viruses, malware, or other malicious code;
Impersonate another person or entity;
Use the Platform to send unsolicited commercial messages (spam);
Manipulate pricing, reviews, or other Platform features for fraudulent purposes;
Reproduce, mirror, or frame the Platform or any part thereof without authorization.

15. Dispute Resolution

15.1 Between Users

Disputes between Photographers and Customers (including refund requests, content quality, and delivery issues) are to be resolved directly between the parties. PhotoSell may, at its sole discretion, mediate disputes but is not obligated to do so. PhotoSell's decision in any mediation shall be final and binding.

15.2 Between You and PhotoSell

Any dispute arising from or relating to these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation for a period of thirty (30) days. If negotiation fails, the dispute shall be submitted to binding arbitration administered by the Arbitration Court attached to the Czech Republic's Economic Chamber and Agricultural Chamber. The arbitration shall be conducted in English, and the seat of arbitration shall be Prague, Czech Republic.

15.3 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes with PhotoSell on an individual basis only. You waive any right to participate in a class action, class-wide arbitration, or any other representative proceeding.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. For Users located in the European Union, nothing in these Terms shall deprive you of any mandatory consumer protection rights under the laws of your country of residence.

17. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by email and/or by posting a prominent notice on the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Platform and cancel your Subscription before the changes take effect.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and PhotoSell regarding the Platform and supersede all prior agreements, communications, and understandings.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18.3 No Waiver

PhotoSell's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by PhotoSell.

18.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without PhotoSell's prior written consent. PhotoSell may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

18.5 Force Majeure

PhotoSell shall not be liable for any failure or delay in performance resulting from circumstances beyond its reasonable control, including but not limited to natural disasters, acts of government, internet outages, power failures, cyberattacks, or pandemics.

18.6 Notices

Notices from PhotoSell to you will be sent to the email address associated with your account or posted on the Platform. Notices from you to PhotoSell must be sent to [email protected]. Notices are deemed received when sent by email (upon delivery confirmation) or when posted on the Platform (upon posting).

19. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us:

Legal inquiries: [email protected]
Billing inquiries: [email protected]
DMCA / Copyright: [email protected]
Security: [email protected]
General support: [email protected]

ITViet s.r.o.
Czech Republic
photosell.app