PHOTOCULL — TERMS OF SERVICE

These Terms are between you ("you", "User") and Novasas.

Service / PhotoCull:

the web application, APIs, mobile or desktop apps, and related services provided by Novasas at photocull.com or other endpoints.

Content:

photographs, image files, metadata, captions, tags, comments and other data you upload or generate through the Service.

Smart Insights:

an opt-in AI image analysis feature that may transmit images or derived data to third-party AI providers (e.g., Microsoft Azure Computer Vision) for processing.

Sub-Processor:

any third party engaged by Novasas to process personal data on its behalf (examples include Stripe, Supabase, Microsoft Azure).

By creating an account, uploading Content, enabling features (including Smart Insights), or otherwise using the Service you accept these Terms and the Privacy Policy. We may modify these Terms at any time; material changes affecting paid users will be notified at least thirty (30) days before they take effect. Continued use after notice constitutes acceptance of the updated Terms.

You represent and warrant that you are at least 16 years old (or older if required under local law) and have legal capacity to enter into binding contracts. If you do not satisfy these requirements, do not use the Service.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify Novasas promptly of any unauthorized use.

You retain all right, title and interest in and to the Content you upload. Novasas does not claim ownership of your Content.

By uploading Content you grant Novasas a worldwide, non-exclusive, royalty-free, transferable license to store, cache, display, transmit, index, analyze (only if you opt in to Smart Insights), and otherwise process your Content for the purpose of providing the Service (including backup and disaster recovery). This license ends when you delete the Content, subject to any retention required by law or permitted in our backup and disaster recovery procedures.

By uploading Content you represent and warrant that:

• a) you own the Content or have all necessary rights, licenses, consents and permissions to grant the rights and licenses in these Terms;
• b) the Content and its processing by Novasas will not violate applicable laws, privacy or publicity rights, intellectual property rights or third-party contractual rights; and
• c) you will not upload Content that is unlawful, pornographic, exploitative of minors, hateful, defamatory, or otherwise prohibited by these Terms.

Novasas implements reasonable technical and organizational measures designed to protect Content and personal data (including encryption in transit, access controls, logging, and vulnerability management). Novasas uses industry standard security practices but cannot guarantee absolute security. You should maintain backups of any Content you cannot afford to lose.

Subject to verification, users may exercise applicable rights under data protection laws (including access, rectification, erasure, restriction, portability, and objection). To exercise your rights, contact privacy@novasas.ch. Novasas will respond within applicable statutory timeframes and may require identity verification to prevent fraudulent requests.

If Novasas becomes aware of a personal data breach likely to result in a risk to individuals' rights and freedoms, Novasas will notify the competent supervisory authority and affected data subjects as required by applicable law — for example, GDPR requires notification to the supervisory authority without undue delay, and where feasible within 72 hours after becoming aware of the breach.

You may use the Service for lawful personal or business purposes consistent with these Terms and the Acceptable Use Policy. You must not upload Content or use the Service to store, transmit, or distribute unlawful content (including CSAM), infringing content, malware, or content that violates privacy, publicity or other third-party rights. Novasas may suspend or terminate accounts that violate these Terms and will cooperate with law enforcement as required.

Payment processing is performed via third-party payment processors (e.g., Stripe). You authorize Novasas to charge your chosen payment method for subscription fees and taxes.

Subscriptions renew automatically until cancelled. Cancelling stops future renewals; access continues until the end of the paid period.

Generally, fees are non-refundable due to the immediate provisioning of services. Refunds may be issued for billing errors or where otherwise required by applicable law or by specific agreement.

User control

You may delete Content or your account at any time using account settings. Deletion requests will be processed promptly; however, Novasas may retain backup copies and log entries for a reasonable period for recovery, fraud prevention, and legal compliance.

Retention policy

Active user Content is retained while the account is active. Inactive accounts may be archived or deleted after [insert inactivity period, e.g., 12 months] in accordance with the retention policy published at [link to retention policy].

If you believe Content on the Service infringes your copyright, send a notice to privacy@novasas.ch with: (i) identification of the copyrighted work; (ii) location of the allegedly infringing material; (iii) your contact details; (iv) a statement under penalty of perjury that the information is accurate and that you are authorized to act; and (v) your signature. Novasas will respond promptly and may remove or disable access to the Content. Users who repeatedly infringe copyrights may have their accounts terminated.

You agree to indemnify, defend and hold Novasas and its officers, directors, employees, agents and affiliates harmless from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your Content; (b) your use of the Service in violation of these Terms; (c) your breach of representations, warranties or obligations under these Terms.

Novasas may suspend or terminate access to the Service for users who violate these Terms, for non-payment, or for technical or security reasons. You may delete your account at any time. Termination does not relieve you of any payment obligations incurred prior to termination.

These Terms are governed by the substantive law of Germany, without regard to conflict of law principles. For disputes involving amounts over €5,000, the courts of Germany shall have exclusive jurisdiction. For disputes below that amount, the parties will first attempt mediation; either party may pursue other remedies as applicable. To the extent permitted by law, class actions and representative actions are waived.

Novasas will not be liable for delays or failures in performance resulting from acts beyond its reasonable control (e.g., natural disasters, war, terrorism, internet outages, third-party service failures).

Notices to you may be provided via email, in-app messaging, or posted on the Service. Notices to Novasas should be sent to privacy@novasas.ch (for privacy/data matters) or to the company address provided in Section 1 for other legal notices.

Entire Agreement

These Terms (including our Privacy Policy and any order or DPA you sign) constitute the entire agreement between you and Novasas regarding the Service.

Severability

If any provision is found invalid or unenforceable, the remainder will remain effective.

Assignment

You may not assign these Terms without Novasas' prior written consent. Novasas may assign its rights and obligations.

No waiver

Failure to enforce a right does not constitute a waiver.

Novasas will maintain a current list of Sub-Processors and provide notice of additions. Where required by law or contract, Novasas will provide an appropriate DPA and will flow down processor obligations to Sub-Processors.

For privacy or data protection requests, email: privacy@novasas.ch.

For legal inquiries: privacy@novasas.ch.