1. Provider identification
The ACME service (hereinafter the “Service”) is operated by ACME Sp. z o.o., with registered office at ACME Address, ACME City, Poland, registered in Poland under NIP PL0000000000 and REGON 000000000 (hereinafter the “Provider”, “we”, “us”). Contact: legal@acme.local.
2. Scope and acceptance
These Terms of Service (the “Terms”) govern your use of the Service. By creating an account, accepting the Terms during sign-up, or by using the Service in any other way you agree to be bound by these Terms together with our Privacy Policy. If you do not accept the Terms, do not use the Service.
The Service is intended for professional photographers and creative studios. By using it as a business you confirm that you are a business user (B2B). Where you use the Service as a consumer (a natural person acting outside their trade or profession), the mandatory consumer-law provisions described in §7 below apply in addition to these Terms.
3. The Service
The Service is a software-as-a-service platform that lets photographers upload, organise, and deliver photo galleries to their end clients, manage studio operations, and accept related payments. The exact feature set depends on the plan you select and may evolve over time.
4. Accounts and access
To use the Service you must create an account using a valid email address and authenticate using a one-time code sent to that address. You are responsible for keeping your authentication credentials confidential and for any activity carried out under your account. Notify us at support@artilio.com immediately if you suspect unauthorised use.
5. Trial period, pricing, and billing
New paid subscriptions begin with a thirty (30) day free trial. A valid payment card is required to start the trial; you will not be charged during the trial. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription on day 31 and your card will be charged the then-current fee for the plan you selected. Recurring fees are billed in advance for each billing period (monthly or annual, depending on the plan).
All fees are stated and charged in the currency shown at checkout. VAT and other applicable taxes are added where required. Invoices are issued by our payment provider (Stripe) on our behalf and are made available in your account dashboard.
6. Cancellation
You can cancel your subscription at any time from the in-app billing settings or by writing to support@artilio.com. Cancellation takes effect at the end of the current billing period; we do not pro-rate or refund unused time, except where required by mandatory law.
7. Consumer right of withdrawal (EU)
If you are a consumer domiciled in the European Union, you generally have a right to withdraw from a distance contract within fourteen (14) days, in accordance with Directive 2011/83/EU on consumer rights and the Polish Act on Consumer Rights of 30 May 2014 (Ustawa o prawach konsumenta).
However, by activating your trial and starting to use the Service you expressly request that performance of the Service begins immediately, before the 14-day withdrawal period expires. In accordance with Article 16(a) of Directive 2011/83/EU and Article 38 point 1 of the Polish Act on Consumer Rights, you acknowledge and agree that once the Service has been fully performed (which, for an ongoing subscription, occurs progressively as you use it), your right to withdraw is extinguished. You can still cancel the subscription at any time under §6 above to stop further billing.
If you wish to exercise the right of withdrawal during the period in which it is still available, send an unambiguous statement to legal@acme.local. You may use the model withdrawal form annexed to Directive 2011/83/EU but you are not required to.
8. Your content
You retain all rights to the photographs, files, and other content you upload to the Service (“Your Content”). You grant us a limited, non-exclusive, royalty-free licence to host, process, transmit, transcode, and display Your Content solely to the extent needed to operate the Service for you and your end clients.
You are responsible for having all necessary rights, consents, and model releases for Your Content. You must not upload content that infringes third-party rights or applicable law.
9. Acceptable use
You agree not to:
- upload illegal, infringing, or harmful content;
- attempt to circumvent security, rate limits, or access controls;
- use the Service to send unsolicited commercial communications;
- reverse-engineer, scrape, or resell the Service except as permitted by mandatory law.
We may suspend or terminate access to accounts that violate these Terms, with notice where reasonably possible.
10. Personal data and GDPR
We process personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and our Privacy Policy, which forms an integral part of these Terms. The lawful bases on which we rely are described in the Privacy Policy.
When you upload personal data of your end clients (e.g. their email addresses for gallery delivery), you act as the data controller and we act as your processor. A separate Data Processing Addendum (available on request) governs that relationship.
You can exercise your data-subject rights (access, rectification, erasure, restriction, portability, objection) by writing to legal@acme.local or by using the in-app account-deletion controls. You also have the right to lodge a complaint with the President of the Personal Data Protection Office (UODO) in Poland or with your local supervisory authority.
11. Service availability
We aim to provide a reliable Service but do not guarantee that it will be uninterrupted or error-free. We may schedule maintenance windows and will use reasonable efforts to announce them in advance.
12. Liability
To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with the Service is limited to the fees you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits our liability for wilful misconduct, gross negligence, or any other liability that cannot be excluded or limited under mandatory law (including, where you are a consumer, your statutory consumer rights).
13. Changes to the Terms
We may update these Terms from time to time. Material changes will be announced by email or in-app notice at least fourteen (14) days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you do not agree, you may terminate your account before that date.
14. Governing law and dispute resolution
These Terms are governed by the laws of the Republic of Poland. Disputes that cannot be resolved amicably will be submitted to the courts competent for the registered seat of the Provider. If you are a consumer, this clause does not deprive you of the protection afforded by the mandatory provisions of the law of your country of residence.
Consumers in the EU may also use the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr.
15. Contact
Legal questions: legal@acme.local. General support: support@artilio.com.