Photogala.

Terms of Service

Last updated: April 5, 2026

1. Acceptance of Terms

By accessing and using Photogala's photo sharing and event management platform, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Service Provider

Photogala is provided by:

Peter Wassermair
Rödham 20
4922 Geiersberg
Austria

VAT ID: ATU77393036
Email: [email protected]

3. Service Description

Photogala provides a platform for photo sharing, event management, and interactive photo experiences. Our services include photo galleries, task management, achievement systems, and collaborative photo sharing for events.

4. User Accounts

To access certain features of our service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security of your password and account
  • Be responsible for all activities that occur under your account
5. Acceptable Use

You agree not to use our service to:

  • Violate any applicable laws or regulations
  • Upload harmful, offensive, or inappropriate content
  • Infringe upon the rights of others, including copyright and privacy rights
  • Send spam or unsolicited communications
  • Disrupt or interfere with the service or servers
  • Attempt to reverse engineer or hack the platform
6. Content and Ownership

Regarding content you upload to our platform:

  • Ownership: You retain full ownership and copyright of all content you upload. Nothing in these terms transfers your intellectual property rights.
  • Platform License: You grant Photogala a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, store, reproduce, modify, create derivative works from (such as thumbnails, optimized versions, and rotated variants), display, distribute, and process your content for the purposes of operating, maintaining, promoting, and improving the service.
  • Event Organizer License: By uploading content to an event gallery, you grant the event organizer a non-exclusive, royalty-free, perpetual license to use, reproduce, modify, display, distribute, and publish the content for any purpose related to the organizer's activities, including but not limited to event documentation, social media, internal and external communications, marketing, advertising, press releases, and promotional materials.
  • Other Participants: Other event participants may view your content within the gallery and, where enabled by the event organizer, download it for personal, non-commercial use.
  • Your Responsibility: You are responsible for ensuring you have the right to upload and share all content, including any necessary permissions from persons depicted in your photos or videos.
  • Right to Your Image: If you appear in content uploaded by another user and wish to have it removed, you may use the Report button available on any media item in the gallery. Reports are reviewed and handled by the event organizer, not by Photogala.
  • Content Removal: We reserve the right to remove content that violates these terms or applicable law.
  • Deletion: You may delete your content at any time. Upon deletion, we will remove the content from the platform within a reasonable timeframe. The licenses granted to Photogala terminate upon deletion. The license granted to the event organizer persists for content already downloaded or published prior to deletion.
7. AI Processing

Our platform uses artificial intelligence to process images and enhance event experiences:

  • We use locally hosted AI models to automatically process images uploaded to the platform
  • AI processing includes face recognition and NSFW content filtering to enhance safety and organization
  • All AI processing occurs on our secure servers and your images are never sent to third-party AI services
  • Event organizers determine whether AI processing is enabled for their events. Individual users cannot opt out of AI processing for events where it has been enabled by the organizer
  • AI-generated data (such as face recognition data and content classification) is stored according to our Privacy Policy and may be used to improve event organization and content moderation
8. Payment Terms

For paid services:

  • Payments are processed securely through Paddle
  • Refunds are handled according to Paddle's Buyer Terms and our Refund Policy
  • Free trials may be converted to paid subscriptions automatically
  • We reserve the right to change pricing with 30 days notice
9. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices.

10. Third-Party Services

Our service integrates with the following third-party services:

  • OpenStreetMap & CARTO: We use map tiles provided by OpenStreetMap contributors and CARTO for displaying location-based photo galleries. Map data © OpenStreetMap contributors. Map tiles © CARTO. By using our map features, you agree to comply with the OpenStreetMap and CARTO terms of service.
  • Paddle: Payment processing is handled by Paddle, subject to their terms and privacy policy.
  • Google Ads, Meta (Facebook/Instagram), TikTok, and Microsoft Advertising (Bing): We use conversion tracking pixels and server-side APIs from these platforms to measure advertising campaign performance. With your consent (required in the EEA/UK), these services may set cookies and process hashed user data for ad attribution. You can manage your preferences through our cookie settings.
11. Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for conduct that we believe violates these Terms of Service or is harmful to other users, us, or third parties, or for any other reason.

12. Disclaimers

The service is provided "as is" and "as available" without any warranties of any kind. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of Liability

In no event shall Photogala, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the service.

14. Governing Law and Jurisdiction
  • EU/EEA Users: For users in the European Union or European Economic Area: These Terms are governed by the laws of Austria. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Ried im Innkreis, Austria, without prejudice to mandatory consumer protection provisions of your country of residence.
  • US Users: For users in the United States: These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes are subject to binding arbitration as described in Section 15.
  • Other Users: For all other users: These Terms are governed by the laws of Austria. Any disputes shall be subject to the exclusive jurisdiction of the competent courts in Ried im Innkreis, Austria.
15. Dispute Resolution and Arbitration (United States Only)

This Section applies only to users residing in the United States.

  • Informal Resolution. Before filing any claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiations for at least 60 days before either party initiates arbitration.
  • Binding Arbitration. If we cannot resolve a dispute informally, you and Photogala agree to resolve any claims through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
  • Arbitration Fees. Photogala will pay all AAA filing, administration, and arbitrator fees for claims seeking less than $10,000. For claims of $10,000 or more, fees will be allocated according to AAA rules.

CLASS ACTION WAIVER. YOU AND PHOTOGALA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

JURY TRIAL WAIVER. YOU AND PHOTOGALA EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

  • Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.
  • Exceptions. Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.
16. Changes to Terms

We reserve the right to modify these terms at any time. We will provide notice of significant changes by posting the new terms on our website and updating the "Last updated" date. Your continued use of the service after such changes constitutes acceptance of the new terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at:

Peter Wassermair
Email: [email protected]
Address: Peter Wassermair, Rödham 20, 4922 Geiersberg, Austria

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