Album Fotillo Terms of Service

*This English version is provided for information only. Only the Polish version is binding (§17).*

§1 General provisions

1. These Terms set out the rules for the provision by electronic means of the Album Fotillo service (the Service), available at album.fotillo.com, including the rules for maintaining an Account and Albums.

2. The Service Provider is Tomasz Mróz and Justyna Mróz, running a business as ViewPro s.c. T. Mróz, J. Mróz, ul. Skoroszewska 2B/34, 02-495 Warsaw, Poland, NIP 5223019335, REGON 147452308, e-mail: contact@fotillo.com.

3. The Service is one of the Fotillo services (fotillo.com). These Terms are self-contained: using the Service does not require an account in any other Fotillo service or the acceptance of any other terms, except for the Terms of the fotillo.com shop as regards purchasing Packages (§11).

4. The Service is a hosting service: the Service Provider stores Content provided at the request of the Owner and of persons using the features the Owner makes available. The Service Provider does not carry out prior, general monitoring of the Content provided.

5. Information on the processing of personal data is contained in the Privacy Policy. §14 sets out the rules for storing Content on behalf of the Owner.

§2 Definitions

1. Account – the Owner's individual account in the Service, in which the Owner runs one or more Albums.

2. Album – a separate space within the Account where Content from a single event (e.g. a reception or a trip) is stored: transferred from Devices or uploaded by Guests. Each Album has its own Capacity, Validity, Party Code, Guest Link and Gallery.

3. Owner – the person who created the Account and uses the Album for personal or household purposes (e.g. a couple collecting keepsakes from their wedding reception).

4. Content – a photo, video or other file provided to the Album.

5. Guest – a person uploading Content to the Album via the Guest Link, without creating an Account.

6. Device – a photo booth or other device running Fotillo software.

7. Party Code – a code generated by the Owner that allows Devices to be linked to the Album for the duration of the event.

8. Guest Link – a reusable link (QR code) generated by the Owner that allows Guests to upload photos and videos directly to the Album.

9. Gallery – a feature for publishing Content selected by the Owner under a single link, for viewing.

10. Trial Period – a free period of 30 days from the creation of the Album, with the Capacity stated on the Service pages.

11. Capacity – the storage space of the Album intended for Content.

12. Validity – the date until which the Album works with full functionality.

13. Album Value – the product of Capacity and the number of days of the Album's Validity, expressed in capacity-days; it is the basis for settling Packages (§10).

14. Package – a paid increase of the Album Value corresponding to a given Capacity maintained for 182 days; a month means 30 days.

15. Top-up Code – a single-use code corresponding to the selected Package, sold in the fotillo.com online shop and redeemed in a chosen Album of the Account.

16. Grace Period – a period of 1 month after the Validity of the Album expires, during which the Album works in a limited mode.

17. Paid Album – an Album in which a Top-up Code has been redeemed, until the Validity resulting from the Packages expires.

§3 Creating an Account and purpose of the Album

1. Only an adult may create an Account. Creating an Account requires: an e-mail address (verified by an activation link), a password, a statement of being of age, and acceptance of these Terms.

2. The contract for maintaining the Account is concluded upon confirmation of registration and is performed immediately. A consumer who agrees to the immediate start of performance acknowledges that, once the service for a given period has been fully performed, they lose the right of withdrawal; regardless of this, they may delete the Account at any time (§12).

3. The Service Provider records the fact, time and version of the accepted documents and the IP address. At registration the Service Provider also makes the Privacy Policy available; it is for information purposes and does not require acceptance.

4. The Album is intended solely for the personal or household purposes of the Owner. Using the Album in connection with a business or professional activity, in particular to serve events on behalf of other people, is not covered by these Terms.

5. The Owner is responsible for keeping the password confidential. The Service offers optional two-step login.

6. The first Album is created together with the Account; the Owner creates further Albums in the Account. The number of Albums in an Account is not limited, subject to technical limits preventing abuse. Each event is run in a separate Album.

§4 Party Code and pairing Devices

1. The Owner generates a Party Code in the Album and gives it to the Device crew. The code is valid for 7 days from generation; until its first activation in a Device the Owner may refresh it, which invalidates the previous code and creates a new one.

2. Pairing is active for 12 hours from entering the Code in the Device. Pairing time is measured solely by the Service server. The Owner may extend the active window by 6 hours, up to a total of 24 hours for a given Device, and may end pairing at any time.

3. Up to 3 Devices may work on one Party Code. Each Device has its own pairing window, counted from its activation. Further Devices may activate the Party Code within 24 hours of the first activation.

4. Within 24 hours after the window expires, the same Device may reactivate pairing with the same Code (e.g. when the event runs longer). A Party Code that has been activated in a Device cannot be replaced by a new Code in the same Album; the next event requires a new Album (§3(6)).

5. While pairing is active, the Device transfers Content directly to the Album and may read Content from the Album solely in order to print it at the event.

6. A Party Code cannot be generated after the Album's Validity has expired. Expiry of Validity does not interrupt active pairing; Content from an ongoing event is accepted until the end of the window.

7. Once the Album or the Account is deleted, or the Album expires or enters the Grace Period, the Album no longer accepts new Content and Devices are informed that the Album is closed.

8. Pairing with a Device is optional and also works during the Trial Period. The Album may also be run without any Device, solely with Content uploaded by Guests via the Guest Link (§6).

§5 Album contents

1. After each printed session, the Device transfers to the Album the printed photo (collage) and the original photos from the session in full resolution.

2. Content in the Album consists of separate copies, independent of any sharing that the Device operator carries out at the Device (e.g. a link or QR code for the person photographed) under their own rules. Deleting such shared Content does not delete its copy in the Album, and deleting Content from the Album does not delete Content shared by the operator or the local copy on the Device.

§6 Content uploaded by Guests

1. The Guest Link is valid for 7 days from generation. The Owner may extend its validity without changing the address, by 7, 14 or 30 days, but not beyond the end of the Album's Validity. The Owner may invalidate the Guest Link and generate a new one at any time.

2. The Guest Link allows photos and videos to be uploaded to the Album. The technical limits published with the upload feature apply, in particular a maximum video file size of 500 MB and the mp4/mov formats; the Service Provider may change the limits, informing about this on the Service pages.

3. Before sending Content, the Guest accepts the rules of this section and of §7 by ticking the required checkbox. The Service Provider records the fact of acceptance, its time, the version of the Terms and the IP address, in order to demonstrate compliance with the law and to establish, pursue or defend claims.

4. By providing Content, the Guest declares that:

1) they hold the rights to the Content or have the required consents of the entitled persons,

2) the persons visible in the Content agreed to it being recorded and passed to the Owner,

3) they are of age or use the Service with the knowledge and consent of their legal guardian,

4) the Content does not breach §7.

5. The Guest is responsible for the Content they provide.

6. The Guest may voluntarily sign the uploaded Content with a name or nickname. The signature is visible only to the Owner in the Account; it is not published in the Gallery or disclosed to anyone else.

7. Providing Content is voluntary and is done for the benefit of the Owner, as a keepsake of the event.

8. A Guest who provided Content may request its removal: from the Owner (also using the "Request removal" feature in the Gallery, §8(3)) or by a notice to the Service Provider (§7(5)).

9. The Guest Link accepts Content only in a Paid Album. The Owner may generate the Guest Link earlier, in particular to print its QR code before the event; until a Top-up Code is redeemed in the Album, Guests are informed that the Album is not accepting Content yet.

§7 Prohibited content, notices and moderation

1. It is prohibited to provide to the Album Content that is:

1) unlawful,

2) pornographic or erotic,

3) depicting minors in a sexual context; a zero-tolerance policy applies to such Content,

4) depicting or glorifying violence or inciting hatred,

5) infringing the rights of third parties, including copyright, image rights, personal rights or legally protected secrets,

6) offensive, defamatory or used for harassment,

7) containing personal data of third parties disclosed without a legal basis.

2. Activities that disrupt or overload the Service or are contrary to its purpose are also prohibited, in particular: mass or automated uploading of Content, using the Album as storage for files unrelated to the event, attempts at unauthorised access, and circumventing security measures or technical limits.

3. In the event of a breach of paragraph 1 or 2, the Service Provider may remove Content or disable access to it, suspend the Guest Link, the Gallery or an Account used for breaches and, where justified, retain Content and related data as evidence for proceedings conducted by competent authorities. The Service Provider informs the Owner of the suspension of the Account, stating the reason.

4. In the case of Content depicting the sexual abuse of minors, the Service Provider immediately disables access to it, secures it as evidence and notifies the competent authorities.

5. Any person or entity may notify the Service Provider of Content they consider unlawful or in breach of the Terms: using the "Report abuse" feature next to Content in the Gallery or at contact@fotillo.com. The notice should contain:

1) an explanation of why the Content is unlawful or breaches the Terms,

2) the exact URL of the Content or Gallery,

3) the name and e-mail address of the notifier, except for notices concerning Content related to the sexual abuse of minors, which may be submitted anonymously,

4) a statement that the notifier acts in good faith and that the information provided is accurate and complete.

6. The Service Provider confirms receipt of notices containing the notifier's e-mail address and processes notices in a timely, diligent, non-arbitrary and objective manner. It informs the notifier of its decision without undue delay, as a rule within 14 days. Notices not containing all the elements of paragraph 5 are also verified, as far as they can be assessed.

7. A notice containing the elements listed in paragraph 5 is deemed to give the Service Provider actual knowledge of the Content within the meaning of Article 6 of Regulation (EU) 2022/2065 (DSA). A notice does not result in automatic removal of the Content; the Content may remain available until the assessment is completed.

8. The Service Provider informs the Owner of the removal of or restriction of access to Content, stating the reasons for the decision and the possibility of contesting it at contact@fotillo.com. The Guest is informed if the Service Provider has their contact details.

9. The Service Provider has no general obligation to monitor Content. It may use automated tools for initial filtering of Content; the decision to remove Content is taken by a human. The Service Provider will announce the introduction of automated image analysis in the Terms and the Privacy Policy.

10. Where the Service Provider becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of persons has taken place, it promptly informs the law enforcement or judicial authorities (Article 18 DSA). The Service Provider may make Content and related data available to competent authorities at their request based on the law.

§8 Gallery

1. The Gallery contains only Content selected and published by the Owner. The Gallery link entitles the holder to view and, if the Owner allows it, to download Content.

2. The Owner decides on the Gallery settings, in particular: its name and cover, protecting the Gallery with a password (changing the password revokes access for those who knew the previous one), whether viewers may download single items and the whole Gallery, and automatic publishing, in which each new item of Content goes to the Gallery without a separate selection. By enabling automatic publishing, the Owner accepts that they publish Content they have not reviewed beforehand.

3. Next to each item of Content in the Gallery two features are available: "Request removal" (a request with a name and reason, passed to the Owner) and "Report abuse" (a notice to the Service Provider under §7(5)).

4. The Owner decides what is published in the Gallery and is responsible for its lawfulness, in particular for respecting the image rights of persons visible in the Content. By sharing the Gallery link, the Owner is responsible for whom they share it with.

5. The Gallery is not made available to internet search engines. The Service Provider may suspend a Gallery in the event of breaches, until they are clarified.

§9 Managing the Album

1. Content in the Album remains at the Owner's disposal: they may view it, download it, delete items one by one, delete the whole Album or delete all Albums together with the Account.

2. The Owner may export all Content at any time (export to a ZIP file).

3. The storage period of Content in the Album results solely from the status of that Album (§10).

4. The moderation powers under §7 apply to Content in the Album.

§10 Trial Period, Packages and Grace Period

1. Each Album is free of charge during its Trial Period (30 days from its creation), with the Capacity stated on the Service pages. During the Trial Period the Album accepts Content from Devices; the Guest Link accepts Content only in a Paid Album (§6(9)).

2. Continued use of the Album with full functionality requires increasing the Album Value by redeeming a Top-up Code in it (§11). The Album does not renew automatically. The Value, Capacity and Validity of one Album do not transfer to other Albums.

3. Settlement is based on the Album Value, i.e. the product of Capacity and the number of days of Validity. A Package corresponds to maintaining its Capacity for 182 days. The Album's Validity results from dividing the Album Value by the selected Capacity, so a larger Capacity means a shorter Validity for the same Value, and a smaller Capacity a longer one.

4. The Owner may change the Album's Capacity at any time within the Packages redeemed in that Album. Changing the Capacity does not change the Album Value and results in a proportional recalculation of Validity. Reducing Capacity below the space occupied by Content is not possible until space is freed.

5. Once Capacity is exhausted, the Album does not accept new Content until space is freed or Capacity is increased. Content provided earlier remains available.

6. Before the Album's Validity expires, the Service Provider reminds the Owner by e-mail about the possibility of topping up the Album: 7, 3 and 1 day before that date.

7. After the Album's Validity expires, a Grace Period of 1 month begins: the Album does not accept new Content, and the Owner retains access to view, download and export. The Service Provider notifies the Owner by e-mail of the start of the Grace Period and no later than 7 days before the Album is deleted.

8. If the Grace Period expires without a top-up, the Album and its Content are permanently deleted and the deletion is logged; the Account and other Albums remain unchanged. Records of document acceptance and technical logs are kept for the periods stated in the Privacy Policy.

9. Redeeming a Top-up Code in the Album during the Grace Period restores full functionality of that Album.

10. Neither the Account nor an Album is closed due to inactivity. Availability of Content depends solely on the Album's Validity and the Grace Period.

§11 Buying Packages in the shop and redeeming Top-up Codes

1. Packages are sold in the fotillo.com online shop. The Terms of the fotillo.com shop apply to the purchase, prices, payments, invoices, information obligations and complaints concerning the purchase. The Service does not handle payments and does not process payment data.

2. Information on current Packages and prices is available on the Service pages and in the shop. Prices are total prices and include taxes.

3. After paying for the order, the buyer receives by e-mail a single-use Top-up Code corresponding to the selected Package.

4. A Top-up Code is single-use and may be redeemed in any Album, including by a person to whom the buyer has passed it on. Anyone who knows the Code can redeem it, so the buyer should keep it safe like a gift voucher. A Code cancelled because of a payment refund or withdrawal from the purchase contract cannot be redeemed. Album Package codes do not work in other Fotillo services, and codes of other services do not work in the Album.

5. A Package increases the Value of the Album in which the Top-up Code is redeemed by its Capacity maintained for 182 days. The Owner uses this Value as they choose: as a larger Capacity or a longer Validity of the Album; in an Album with a larger Capacity the same Package adds correspondingly fewer days of Validity.

6. A Top-up Code is redeemed in the Album chosen by the Owner and increases its Value by the Value of the Package. When redeeming, the Owner chooses whether to increase the Album's Capacity or extend its Validity; before choosing, they see both resulting Validity dates. Redemption is single and irreversible, and the Owner is informed of this before confirming it.

7. A Top-up Code does not expire; it may be redeemed at any time, including during the Grace Period.

8. A Code redeemed during the Album's Validity increases its Value counting from the date on which the current Validity expires. A Code redeemed during the Grace Period counts from the date of redemption.

9. Using the Account and Album requires: a device with internet access, an up-to-date web browser and an active e-mail address. Playing videos requires support for the formats stated for the upload feature.

10. The Service Provider is liable to consumers for the conformity of the digital service with the contract under the Polish Consumer Rights Act. Complaints about the operation of the Service are submitted under §12(4), and complaints about the purchase of a Code under the shop Terms.

11. Information on out-of-court complaint and redress procedures (municipal or district consumer ombudsmen, the Trade Inspection, the consumer.gov.pl platform and, for consumers from other EU countries, the ECC-Net network) is available on the websites of those institutions.

§12 Deleting the Account, withdrawal and complaints

1. The Owner may delete a single Album, or the Account with all Albums and Content, at any time using the feature in the Account (with password confirmation) or by a request to contact@fotillo.com. Deletion is permanent and irreversible and deactivates all links and QR codes leading to the Content of the deleted Album.

2. Deleted Content may remain in cyclical backups of the hosting infrastructure for no longer than 7 days, after which it is automatically overwritten. Backups are not used to restore deleted Content; if data is restored from a backup after a failure, the Service Provider deletes the previously deleted Content again, based on the deletion log.

3. A Top-up Code is digital content supplied electronically. Under the Terms of the fotillo.com shop, ordering a Code requires the consumer's express prior consent to the supply of digital content before the withdrawal period expires and acknowledgement that the consumer loses the right of withdrawal once the Code is supplied. A supplied Top-up Code is therefore non-refundable. This does not exclude the consumer's rights in the event of non-conformity of the digital content or service with the contract (§11(10) and paragraph 4 of this section).

4. Complaints about the operation of the Service are accepted at contact@fotillo.com and handled within 14 days.

5. Deletion of an Album or the Account by the Owner before Validity expires, and a change of Capacity shortening Validity, do not entitle the Owner to a refund for the unused period. The Album Value cannot be exchanged for money or transferred to another Album. This does not apply to refunds due under the law, in particular for non-conformity of the service with the contract or the termination of the Service by the Service Provider (§13).

§13 Termination of the Service

If the Service Provider decides to discontinue the Service entirely, it will inform Owners by e-mail at least 12 months before discontinuation, allowing all Content to be exported during that time. Unused Album Value is refunded proportionally.

§14 Personal data in the Album

1. The Service Provider is the controller of the Owner's personal data related to maintaining the Account (in particular the e-mail address, records of document acceptance, data on redeemed Top-up Codes and technical logs) and of the data of persons submitting notices about Content (§7). The rules for processing this data are set out in the Privacy Policy.

2. The purposes and scope of processing the data of persons captured in Content, including their image, and of Guests' signatures (§6(6)) are decided by the Owner: the Owner collects the Content, chooses what to publish in the Gallery and whom to share the link with. The Service Provider stores and makes this data available solely at the request and on behalf of the Owner, as a processor. These Terms and the Account and Gallery settings made by the Owner constitute the Owner's documented instructions within the meaning of Article 28(3)(a) GDPR.

3. If the Owner uses the Album solely for personal or household purposes (Article 2(2)(c) GDPR), the obligations of a controller do not apply to them. The Service Provider applies the commitments of paragraphs 4–9 to the Content regardless.

4. The Service Provider processes the data contained in Content solely in order to provide the Service, for the storage period of Content resulting from §9(3) and §10, and does not use it for its own purposes. Processing covers receiving, storing, making available in the Gallery and to the Device (§4(5)), displaying, exporting and deleting. It concerns the image and other data visible in the Content, Guests' signatures and technical data linked to the Content (date of upload, identifier of the Device or Guest Link).

5. The Service Provider ensures that persons authorised to process the data have committed to confidentiality and applies technical and organisational measures appropriate to the risk (Article 32 GDPR), in particular: encryption in transit (TLS); encryption of Content with AES-256 before it is transferred to the subprocessor's storage, with the key held solely by the Service Provider; displaying Content only via the Service Provider's servers, without passing viewers' data to the subprocessor; hard-to-guess links and an optional Gallery password; access control to systems; backups kept for no longer than 7 days; and permanent deletion of Content with a log of deletions.

6. The Owner gives general authorisation for the Service Provider to use subprocessors. On the date these Terms enter into force, they are:

1) SEOHOST Sp. z o.o., ul. Obornicka 330, 60-689 Poznań, Poland, NIP 9721323212 – hosting of the Service: application, database and cached copies of Content (data location: European Economic Area),

2) Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany – storage space in which Content is kept solely in a form encrypted by the Service Provider (data location: Germany).

The Service Provider informs Owners by e-mail of any intended addition or replacement of a subprocessor at least 14 days before the change. An Owner who does not accept the change may export the Content and delete the Account within that period. The Service Provider imposes the same data protection obligations on subprocessors and is liable for their performance.

7. Data is stored within the European Economic Area. It may be transferred to a third country only in compliance with Chapter V GDPR and after prior information under paragraph 6.

8. Taking into account the nature of the processing, the Service Provider assists the Owner in fulfilling the rights of data subjects by providing features for deleting single items of Content, the "Request removal" request and export. Requests concerning Content addressed directly to the Service Provider are forwarded to the Owner, except for notices handled under §7. The Service Provider notifies the Owner of a personal data breach concerning Content without undue delay, no later than 48 hours after becoming aware of it. The Service Provider also assists the Owner in meeting the obligations of Articles 32–36 GDPR to the extent resulting from the nature of the processing.

9. After an Album or the Account is deleted or the Album's Grace Period expires, the Service Provider deletes the Content in accordance with §10 and §12; before that date the Owner may download all Content using the export feature. At the Owner's request, the Service Provider confirms deletion and makes available the information necessary to demonstrate compliance with Article 28 GDPR, allowing an audit on agreed terms, no more than once a year, unless the audit follows an identified breach.

§15 Point of contact and liability of the Service Provider

1. The Service Provider's point of contact for the authorities of the Member States, the European Commission and the European Board for Digital Services, and for recipients of the Service (Articles 11 and 12 DSA), is the e-mail address contact@fotillo.com. Communication is possible in Polish and English and does not rely solely on automated tools.

2. The Service Provider is not liable for Content provided and stored in the Service under the conditions set out in Article 6 DSA, in particular where it has no actual knowledge of its unlawful nature and, upon obtaining such knowledge, acts expeditiously to remove or disable access to the Content.

3. The Service Provider makes every effort to keep the Service running without interruption, but reserves the right to technical breaks necessary for maintenance or development of the Service. It announces planned breaks in advance where possible.

4. Nothing in these Terms excludes or limits consumers' rights under mandatory provisions of law.

§16 Changes to the Terms

1. The Service Provider may change the Terms for important reasons, in particular: changes in the law, changes in the scope or manner of providing the Service, security considerations or decisions or recommendations of competent authorities.

2. The Service Provider informs Owners of changes by e-mail at least 14 days before they enter into force and publishes the new version of the Terms on the Service pages together with the date it enters into force. Earlier versions remain available on the Service pages.

3. An Owner who does not accept the changes may export the Content and delete the Account before they enter into force. This does not exclude the consumer's rights under the law.

4. The version of the Terms in force at the time the Content is uploaded applies to Guests.

§17 Final provisions

1. These Terms are governed by Polish law. Matters not regulated herein are governed in particular by the Civil Code, the Act on Providing Services by Electronic Means, the Consumer Rights Act, the GDPR and the DSA.

2. Only the Polish-language version of the Terms is binding. Versions in other languages are for information purposes only.

3. Disputes with consumers are resolved by the court having jurisdiction under general rules.

4. If any provision is invalid or ineffective, the remaining provisions of the Terms remain in force.

5. These Terms apply from 25 September 2026.