Terms of Use

These Terms of Use constitute a legally binding agreement between you (hereinafter — "User", "you") and the operator of the Picosu platform (hereinafter — "Picosu", "we", "us", "our"). This agreement governs your access to and use of the website picosu.com, all subdomains, mobile applications, API, and related services (hereinafter — "Service" or "Platform").

By clicking the "Sign Up" button, creating an account via Google OAuth or otherwise, or by continuing to use the Service, you confirm your agreement with these Terms, our Privacy Policy, and any additional rules published on the Platform. If you disagree — immediately cease using the Service.

You confirm that you are 18 years of age or older, or are a minor who has obtained parental or legal guardian consent to use the Service. You confirm that you have full legal capacity to enter into this agreement.

The Picosu Platform is a software product provided as a cloud-based SaaS service (Software as a Service). The Service operator is a sole proprietor or legal entity registered in accordance with applicable legislation (hereinafter — "Operator").

Contact information for the Operator is available on the "Contacts" page of our website. For legal inquiries, copyright infringement notices (DMCA), data deletion requests, or other official communications, please use the email address: [email protected].

The Operator reserves the right to transfer the rights and obligations under this agreement to a third party, including in the context of reorganization, merger, acquisition, or asset sale. In such cases, the User will be notified via email or through the Platform interface no later than 30 days in advance.

Picosu is an online platform that enables professional photographers and other creative professionals to: create personalized portfolio pages with price lists, upload and store photographs in cloud storage, create and share photo galleries with clients, manage watermarks, privacy settings, and gallery access controls, as well as track view and download statistics.

Service functionality may vary depending on the selected plan (Free, Pro, Business). A complete list of available features for each plan is published on the pricing page. We reserve the right to modify, expand, restrict, or discontinue any Service features at any time without prior notice.

Picosu is not an archival data storage service. While we take commercially reasonable measures to preserve your data, we do not guarantee its preservation and strongly recommend maintaining backup copies of all uploaded materials. Picosu shall not be liable for the loss of any data, files, or content.

Picosu reserves the right to modify, supplement, or update these Terms at any time at its sole discretion. The updated version of the Terms becomes effective upon publication on the Platform. We will make reasonable efforts to notify you of material changes via email or through the Platform interface.

Continued use of the Service after the updated Terms take effect constitutes your automatic acceptance of the new version. If you do not agree with the changes, you have the right to cease using the Service and delete your account.

We recommend regularly reviewing this page to familiarize yourself with the current version of the Terms. The date of the last revision is indicated at the beginning of this document.

To use the core features of the Service, you must create an account. Registration is available via email and password or through Google OAuth. You agree to provide truthful, accurate, current, and complete information during registration.

You bear full responsibility for the confidentiality of your credentials (login, password, access token). Any activity conducted through your account is deemed to have been performed by you personally. You agree to immediately notify us of any unauthorized use of your account.

Picosu reserves the right to suspend, restrict, or delete your account at any time without prior notice if we have reasonable grounds to believe that you are violating these Terms, applicable laws, or the rights of third parties. One account may only be used by a single individual or legal entity.

Your use of the Service is governed by the following documents, each of which is an integral part of this agreement:

By registering on the Platform, you confirm that you have read and agree to all of the following documents:

• These Terms of Use — the primary document governing the rights and obligations of the parties.
• Privacy Policy — defines the procedures for collection, processing, storage, and protection of your personal data.
• Acceptable Use Policy — describes the rules and restrictions regarding uploaded content and behavior on the Platform.
• Service Level Agreement (SLA) — describes service availability guarantees for paid plans (if applicable).

You retain all intellectual property rights to the content you upload to the Platform (photographs, texts, logos, watermarks, etc. — hereinafter "User Content"). Picosu does not claim ownership of your Content.

By uploading Content to the Platform, you grant Picosu a limited, non-exclusive, royalty-free, worldwide license to use, copy, store, process, display, and distribute your Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates upon deletion of your Content from the Platform, except for backup copies that may be retained for a reasonable period.

You warrant that: (a) you own or have the legal right to use and distribute all uploaded Content; (b) your Content does not infringe upon copyrights, trademarks, patents, trade secrets, or other intellectual property rights of third parties; (c) your Content does not contain illegal, harmful, pornographic, defamatory, or discriminatory material.

Picosu does not control, review, or bear responsibility for User Content. We reserve the right (but are not obligated) to remove any Content that, in our judgment, violates these Terms, applicable law, or the rights of third parties. If you believe your copyright has been infringed, contact us at [email protected] with a notice in accordance with the DMCA procedure.

Picosu offers a free plan with limited functionality and several paid plans. The pricing, features, and terms of each plan are published on the pricing page and are subject to change.

Payments are processed through the Hutko payment system or other authorized payment providers. Picosu does not store or process your bank card data — all payment transactions are handled by third-party payment processors in compliance with PCI DSS standards.

Paid subscriptions automatically renew at the end of each billing period (monthly or annually) at the current plan price unless you cancel your subscription before the end of the current period. You are responsible for timely cancellation. Picosu is not liable for charges incurred through auto-renewal if you fail to cancel in time.

All prices are listed in Ukrainian hryvnia (UAH) or other currency as specified on the Platform and may or may not include taxes depending on your jurisdiction. You are responsible for paying all applicable taxes.

All subscription payments are non-severable and, as a rule, are non-refundable, except as required by applicable law. You acknowledge that you have reviewed the features of the selected plan before making payment.

If you cancel your subscription before the end of the paid period, your access to paid features will continue until the end of that period. Partial refunds for unused time are not provided.

In exceptional cases, at Picosu's discretion, we may consider a refund request within 14 days of payment if you can reasonably demonstrate that the Service was substantially inoperable. To submit a request, contact [email protected].

By using the Service, you agree not to engage in the following actions:

• Upload, store, or distribute content that infringes copyrights, trademarks, or other intellectual property rights of third parties.
• Upload illegal, pornographic, harmful, threatening, defamatory, discriminatory content, or content that promotes hatred, violence, or any other illegal activity.
• Use the Service for spam distribution, phishing, malware distribution, or any other fraudulent activities.
• Attempt to gain unauthorized access to systems, servers, networks, or accounts of other Picosu users. This includes but is not limited to: vulnerability scanning, brute force attacks, SQL injection, and other hacking techniques.
• Use automated tools (bots, scrapers, crawlers) to access the Service without prior written consent from Picosu.
• Resell, sublicense, or provide access to the Service to third parties on a commercial basis without written consent from Picosu. Creating accounts in bulk or sharing a single account among multiple persons.

Violation of any of these rules may result in immediate suspension or deletion of your account without prior notice and without refund.

Picosu makes commercially reasonable efforts to ensure uninterrupted operation of the Service 24 hours a day, 7 days a week. However, we do not guarantee that the Service will be available continuously, uninterruptedly, timely, securely, or without errors.

We reserve the right to temporarily suspend the Service (in whole or in part) for maintenance, updates, bug fixes, or other reasons without prior notice. We shall not be liable for any damages related to temporary or permanent unavailability of the Service.

Picosu shall not be liable for interruptions caused by force majeure circumstances, including but not limited to: natural disasters, wars, cyberattacks, failures of internet providers or cloud services (AWS, Google Cloud, Hetzner), actions or inactions of government authorities.

The Service may contain links to third-party websites or use third-party services (Hutko payment processors, AWS S3 cloud storage, Google Cloud Storage, Google OAuth authentication, analytics services). Picosu does not control and is not responsible for the content, privacy policies, or practices of any third-party websites or services.

By using third-party integrations through Picosu, you also agree to the terms of use and privacy policies of the respective third parties. Picosu is not responsible for failures, errors, or data loss resulting from the operation of third-party services.

Picosu may at any time, without prior notice, add, modify, or discontinue support for any third-party integrations.

The Picosu Platform, including but not limited to: software code, design, user interface, logos, trademarks, texts, and graphic materials, is the intellectual property of the Picosu operator and is protected by copyright law, trademark law, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not copy, modify, decompile, reverse engineer, distribute, or create derivative works based on any part of the Service without prior written consent from Picosu.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND UNINTERRUPTED OPERATION.

Picosu does not warrant that: (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results obtained from using the Service will be accurate or reliable; (d) any errors in the Service will be corrected; (e) your data will be preserved without loss.

You understand and agree that any downloading or obtaining of materials through the Service is done entirely at your own risk and responsibility. No information obtained from Picosu, whether oral or written, creates any warranties not expressly stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PICOSU, INCLUDING ITS FOUNDERS, EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, DATA, REPUTATION, BUSINESS OPPORTUNITIES, COST OF SUBSTITUTE GOODS OR SERVICES — REGARDLESS OF THE BASIS OF THE CLAIM (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF PICOSU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages. In such jurisdictions, Picosu's liability shall be limited to the maximum extent permitted by applicable law.

You agree to defend, indemnify, and hold harmless Picosu, its founders, employees, agents, partners, and suppliers from any claims, demands, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:

• Your use of or access to the Service.
• Your violation of any provision of these Terms.
• Your violation of any rights of third parties, including but not limited to copyrights, trademark rights, privacy rights, or proprietary rights.
• Any Content you uploaded, published, or distributed through the Service.
• Any third-party claim relating to your Content, including claims of copyright infringement, defamation, libel, or invasion of privacy.

Picosu reserves the right to immediately and without prior notice suspend or terminate your account and access to the Service for any reason, including but not limited to: violation of these Terms, suspected fraud or illegal activity, prolonged account inactivity (more than 12 months for free plans), non-payment for a paid subscription, receipt of substantiated complaints from third parties. After account termination, your Content may be deleted within 30 days.

You may delete your account at any time through the Platform settings. After account deletion, all your data, including uploaded photographs, galleries, and profile, will be permanently deleted within 30 days. Some data may be retained in backup copies for an additional 90 days. Provisions of these Terms that by their nature should survive termination (including disclaimer of warranties, limitation of liability, and indemnification) shall continue in effect.

These Terms are governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law provisions. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Any disputes arising in connection with these Terms or the use of the Service shall be resolved through negotiation. If agreement cannot be reached within 30 days, the dispute shall be referred to the competent court at the location of the Operator, unless otherwise provided by applicable law.

If you are a resident of the European Union, you may also use the European Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. For users from other jurisdictions, the dispute may be referred for resolution in accordance with the arbitration rules of that jurisdiction.

These Terms, together with the Privacy Policy and other referenced documents, constitute the entire agreement between you and Picosu regarding the use of the Service and supersede all prior oral and written agreements between the parties. No waiver by Picosu of any right under these Terms shall be deemed a waiver of that right in the future.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, this shall not affect the validity and enforceability of the remaining provisions, which shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent of the parties.

All notices sent by Picosu shall be deemed received if sent by email to the address specified in your account or published in the Platform interface. You agree to keep your contact information current. Picosu is not responsible for consequences arising from outdated contact information.