Photograf terms of service
1. Introduction
1.1 The Photograf mobile application and associated website https://photograf.io (refered as later Photograf) is owned and operated Drivio Ltd, a company registered in England and Wales with registered number 10686653 and with its registered office at 71-75 Shelton Street, London, England, WC2H 9JQ, (we, us). By using the Photograf you agree to be bound by these terms of use together with the privacy policy (the Privacy Policy) and cookie policy (Cookie Policy) each available on the Site. These Photograf Terms, the Privacy Policy and the Cookie Policy each affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Photograf Terms, the Privacy Policy and the Cookie Policy, do not use Photograf app and photograf.io web site. If you have any questions, you can contact us by email at hello@photograf.io
1.2 We reserve the right to update these Photograf Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to these Photograf Terms then you shall immediately stop accessing and/or using the Photograf. If we reasonably believe that the change to these Photograf Terms is significant, we shall notify all registered customers by email. Otherwise, updated the amendments to these Photograf Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Photograf Terms so that you are aware of any changes to them.
1.3 The Photograf is a mobile application that allows users to create and print photo books directly on their mobile phones (and tablets), which can then be printed and delivered to you and/or friends.
2. Services We Offer
2.1 Our Services facilitate the uploading of your personal photos or images, which we or our affiliated print partners digitally store. This storage allows you to place orders for photo books or other photo-related products derived from your uploaded content, subsequently delivered to your designated address. Additionally, the digital storage of your images enables you to share them with your family and friends.
3. Eligibility and Access
3.1 Our Services are exclusively available to individuals who are over 18 years old, residing in one of the designated Serviced Countries. Users must possess the legal capacity to enter into binding contracts to utilise our Services.
3.2 Photograf stores digital copies of the photos and/or images uploaded by users solely to fulfill their orders. However, we do not offer storage, access, or backup facilities for user content. Access to these images is exclusively available through the user’s account on the Photograf App. All uploaded images must comply with the specifications outlined by Photograf. We reserve the right to modify these specifications periodically.
4. Modifications and Changes
4.1 As Photograf evolves, we retain the authority to introduce, modify, or remove products or services. Such changes will not impact any existing orders placed with us. We reserve the right to amend, rectify, suspend, or terminate any part of the Services or their descriptions as presented on our mobile app.
5. Your Account
5.1 By setting your account on Photograf, you’ll select a distinct password. Keeping the confidentiality of your password is your duty. You undertake not to utilize or endeavor to use the account, email address, or password of any other account holders at any point. All activity by anyone using your account or password falls entirely under your responsibility. Should you suspect unauthorized access to your account or password, please do reach out to us at support@photograf.io.
5.2 When you register your account with Photograf, you should ensure that the information you provide is accurate. You may keep this information up to date through your account.
5.3 Please note that anything done under a user’s account, or using an email address, a mobile phone number or other means of communication associated with that account will be deemed to have been done by the user and it is the user’s responsibility to maintain the security of their account.
6. Your Photos and Images
6.1 By uploading, submitting, or transmitting any photos or images through Photograf, you affirm that you bear sole responsibility for the content you upload or use. You acknowledge having all requisite rights, licenses, permissions, and consents necessary to upload, use, and distribute such content via Photograf.
6.2 Furthermore, you agree not to upload, submit, or transmit any photos or images that infringe upon the intellectual property rights, privacy rights, or any other rights of any third party. You recognize that Photograf does not endorse, support, or guarantee the accuracy, completeness, or legality of any content uploaded or utilised by users.
We retain the right to remove, delete, or disable access to any content that violates these Terms or is deemed objectionable, without prior notice.
6.3 For Photograf to process your orders effectively, we require your consent to utilize and publish the photos or images you’ve uploaded. Your use of Photograf for uploading such content implies certain responsibilities concerning its utilisation. It’s imperative to share these images with our Print Partner, responsible for producing products on behalf of Photograf.
6.4 By using Photograf, you grant us a non-exclusive license to employ your uploaded photos and images explicitly for processing your orders and delivering services. Consequently, you acknowledge the necessity of sharing your photos and images with our print partner to render services to you. Your usage of Photograf and order placement expressly implies consent for our print partner to print and process your photos and images to create the ordered printed products.
7. Terms of Ordering and Purchase
7.1 Photograf provides personalized photo books and photo products that utilise photos or images uploaded or stored by you to create customized items, and subsequently, you place an order with us for their production.
7.2 To place an order, Photograf app will ask you to provide contact information and the shipping address where you wish to receive your order.
7.3. Moreover, to make payment for your orders, you will be required to provide your credit/debit card details and billing address which will be used by Stripe, a payment platform integrated by Photograf. Alternative payment payment options such as ApplePay or GooglePay also available.
7.4 We retain the right to modify, add, or remove available payment solutions and partners integrated within Photograf.
7.5 Before making a payment, Photograf will display shipping options to you. Once you choose an option, you’ll see the delivery cost upfront. Photograf will present the full cost of your order, including the delivery charges, before you proceed to make a payment. You’ll only move to the Checkout screen after confirming your order on the screen where the complete cost is calculated and displayed.
7.6 Photograf reserves the right to reject your order under specific circumstances:
• Use of photos/images that do not comply with our rules or infringe copyright.
• Uploaded photos/images in incorrect technical formats, incorrect color models, low resolution, compromised, corrupted, or failing to meet technical requirements.
• Unavailability of the product you ordered on Photograf.
• Modifications to the parameters of the ordered product.
• Failure to obtain authorization for your payment by Photograf.
• Orders not in compliance with these Terms.
• Occurrence of a substantial price error.
• Unforeseen changes in the production process preventing the fulfillment of the ordered product’s requirements.
In each instance mentioned above, Photograf will contact you to provide explanations and confirm the cancellation of your order. Any payment made for such an order will be refunded to your account.
8. Cancellation Policy
8.1 Photo books you order from Photograf are personalised photo products. Once an order for personalised photo products is made through our mobile app, cancellations cannot be facilitated due to the personalised nature of these products.
As such, we encourage users to carefully review and confirm their orders before submission, as they cannot be retracted or cancelled once processed through the mobile app.
9. Availability
9.1 We will use reasonable endeavours to maintain and make available to you the Platform available at all times. However, there may be occasions when access to Photograf app may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
9.2 For the avoidance of doubt, we shall also not be liable if you are unable to access the Photograf for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
10. General
10.1 These Photograf Terms constitute the entire agreement relating to your use of the Photograf App.
10.2 If any provision of these Photograf Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
10.3 Our failure to exercise or enforce any right or provision of these Photograf Terms shall not constitute a waiver of such right or provision.
10.4 We may assign or otherwise transfer our rights and obligations in these Photograf Terms to third parties at our discretion.
10.5 If you are a consumer and you have any complaint or wish to raise a dispute under these Photograf Terms or otherwise in relation to the mobile service please follow this link www.citizensadvice.org.uk. These Photograf Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
11. Additional Terms for Users who download the Photograf App (“Photograf”) from the Apple App Store
11.1. We both acknowledge that these Photograf Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the App Content.
11.2 The licence granted to you for the App is limited to a non-transferable licence to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions.
11.3 We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms. We both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
11.4 We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Photogragf Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
11.5 We both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
11.6 We both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
11.7 You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.8 We both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Photograf Terms, and that, upon acceptance of these Photograf Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Photograf Terms against you as a third-party beneficiary thereof.
Last updated: December 2023
