Terms of service

1. Who you are contracting with

ProFotograaf is operated by ProFotograaf, a Dutch sole proprietorship registered with the Chamber of Commerce under KVK 84222689 ("we", "us"). "You" means the person or business holding the account. How we handle personal data is set out in our privacy policy, which forms part of these terms.

2. Your account

You need an account to use the service. Sign-in runs through our identity provider; keep your credentials to yourself and tell us promptly if you think someone else has got into your account. You are responsible for what happens under it. One account is for one photographer or one business. Do not share a single login across a collective.

You must be at least 16 and, if you are using the service for a business, authorised to act for it.

3. What the service is

A hosted platform for photographers: a public portfolio website, client galleries with proofing and downloads, a lightweight CRM, bookings, quotes and invoicing, print ordering, and optional integrations. What you get depends on your plan, and plan limits (storage, features, gallery lifetime) are shown on the pricing page and enforced in the product.

We improve the service continuously, which means features change. We will not remove something you are relying on without telling you, and we will not reduce what a paid plan includes during a billing period you have already paid for.

4. Plans, payment and cancellation

• Paid plans are billed in advance through our payment provider, and renew automatically for the same period until you cancel.
• Prices are in euro. Where VAT applies it is shown before you pay.
• You can cancel at any time from your account. Cancellation stops the next renewal; your plan keeps running until the end of the period you have paid for.
• We do not refund part-used periods, except where consumer law gives you that right.
• If a payment fails we will retry and let you know. If it keeps failing we may downgrade the account to the free plan, which limits access and does not delete your work.
• If we change prices, existing subscriptions keep their price until the end of the current period and we give at least 30 days' notice before the new price applies.

5. Your content stays yours

Your photographs, video, text and client data remain yours. We claim no ownership of any of it.

To actually run the service we need your permission to do specific technical things with it: store it, back it up, resize and re-encode it into web and thumbnail renditions, and show it to the people you send it to: your website's visitors and the clients you share a gallery with. That is the whole of the licence you grant us. It is non-exclusive, it lasts only as long as you keep the content on the platform, and it does not let us sell your work, license it to anyone else, or use it to promote the platform without asking you first.

6. Your clients' data

When you put client names, addresses, photographs and correspondence into the platform, you are the controller of that data and we are your processor. We process it only to provide the service to you and on your instructions.

That makes some things your responsibility: having a lawful basis for what you collect, telling your clients what you do with it, obtaining any consent required for photographs of identifiable people (children in particular), and answering their requests. We will help you with any request that reaches us, and our processing terms are set out in the data processing agreement, which is part of these terms.

7. Acceptable use

You agree not to use the service to:

• upload or publish anything unlawful, or anything you do not have the rights to;
• publish sexual content involving minors, or any content that sexualises a child: this results in immediate termination and a report to the authorities;
• harass, defame or impersonate anyone;
• send unsolicited bulk email through the platform;
• attempt to break, overload, probe or reverse-engineer the service, or access an account or gallery that is not yours;
• resell or white-label the platform as your own product without a written agreement with us.

Selling through your print storefront, or taking payment through an online invoice, is limited to your own photographic work. Neither may be used to sell merchandise, someone else's goods or services, or anything on Stripe's restricted businesses list, which applies to you by reference. We review connected accounts for this and may pause payouts on one that breaches it.

Storage and bandwidth are subject to your plan's limits and to fair use. If your usage is so far outside normal that it degrades the service for others, we will contact you before we do anything about it.

8. Third-party integrations

Connecting Instagram, a payment account, a custom domain or a print supplier is optional. Where you do, that provider's own terms apply alongside these, and we are not responsible for their service, their pricing or their decisions about your account with them. You can disconnect any integration at any time.

9. Availability

We work hard to keep the service up and your files safe, and we keep backups. We do not promise uninterrupted or error-free operation, and we schedule maintenance where we can. The service is provided as-is beyond what mandatory law requires. Keep your own copies of your original files. That is ordinary professional practice, and no hosting service is a substitute for a backup you control.

10. Liability

To the extent the law allows, our total liability arising from the service in any twelve-month period is limited to what you paid us in that period. We are not liable for indirect or consequential loss, lost profit, or lost data where you could reasonably have kept your own copy.

Nothing here limits liability for intentional misconduct, gross negligence, death or personal injury, or anything else that cannot be limited under Dutch law. If you are a consumer, your statutory rights are unaffected.

11. Ending it

You can stop at any time: cancel your plan, or delete your account outright. See our data deletion instructions. Deleting the account erases your content, and that cannot be undone.

We may suspend or close an account that breaches these terms. Except for serious breaches, where we act immediately, we will warn you first and give you a reasonable chance to put it right. If we close your account, we will give you a reasonable opportunity to export your work unless the law prevents it.

12. Changes to these terms

We may update these terms. For material changes we will give you at least 30 days' notice by email, and continuing to use the service after that means you accept them. If you do not, cancel before they take effect.

13. Governing law

Dutch law applies. Disputes go to the competent court in the Netherlands, unless mandatory consumer-protection rules give you the right to bring the matter somewhere else.

14. Contact

Questions about these terms: [email protected], or through the contact form.