Terms of Use

1. Acceptance of these terms

These Terms of Use ("Terms") form a binding agreement between you and Phototoria OÜ, a company registered in Estonia (registry code 16XXXXXXX, registered address Harju maakond, Tallinn, Kesklinna linnaosa, Estonia, 10111) ("Phototoria", "we", "us"). By creating an account or otherwise using phototoria.eu or the Phototoria platform (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

2. Description of the service

Phototoria provides a cloud-based, AI-assisted platform for editing photos and video, including retouching, background removal, color grading and automated video editing tools, offered under free and paid subscription plans described on our Pricing page.

3. Accounts & eligibility

• You must be at least 16 years old, or have the consent of a parent/guardian, to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate registration and billing information and keep it up to date.

4. Subscriptions, billing & cancellation

• Paid plans are billed monthly or yearly in advance, in EUR, excluding applicable VAT, as shown at checkout.
• Subscriptions renew automatically unless cancelled before the next billing date from your account settings.
• Downgrades and cancellations take effect at the end of the current billing period; we do not provide partial-period refunds except as required by law.
• We may change prices with at least 30 days' notice; continued use after a price change takes effect constitutes acceptance.

5. Right of withdrawal (EU consumers)

If you are a consumer in the EU, you generally have a 14-day right to withdraw from a distance contract without giving a reason. For digital services, this right ends early if you expressly request that the Service begin during the withdrawal period and acknowledge that you lose the right to withdraw once performance has started. By activating a paid plan immediately, you consent to this early start and acknowledge the resulting loss of the withdrawal right for that subscription period.

6. Your content & licence to us

You retain all ownership rights in the photos, videos and other content you upload ("Your Content"). By uploading Your Content, you grant Phototoria a limited, non-exclusive, worldwide licence to host, store, process and display Your Content solely as necessary to provide the Service to you. We do not claim ownership of Your Content and will not use it to train shared AI models without your explicit opt-in consent.

You are solely responsible for ensuring you have the necessary rights to upload and edit any content you submit, and that it does not infringe third-party rights or applicable law.

7. Acceptable use

You agree not to use the Service to:

• Upload or create content that is unlawful, infringing, defamatory, or that depicts individuals without a lawful basis to use their likeness.
• Attempt to reverse-engineer, disrupt, or gain unauthorized access to the Service or other users' data.
• Use the Service to generate deceptive, defamatory, or illegal deepfake content.
• Resell or sublicense access to the Service without our prior written consent.

We may suspend or terminate accounts that violate this section.

8. Intellectual property

The Phototoria name, logo, software, AI models, and platform design are the property of Phototoria OÜ and protected by intellectual property laws. Nothing in these Terms grants you rights to our trademarks or underlying technology beyond the limited right to use the Service as intended.

9. Service availability

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may perform maintenance, updates, or temporarily suspend the Service, and will try to give advance notice of planned downtime where practical.

10. Disclaimers & limitation of liability

The Service is provided "as is" and "as available." To the maximum extent permitted by applicable law, Phototoria disclaims all warranties, express or implied, and shall not be liable for indirect, incidental, or consequential damages arising from use of the Service. Nothing in these Terms limits liability that cannot be limited under mandatory EU consumer protection law, including liability for gross negligence, wilful misconduct, or death or personal injury caused by our negligence.

11. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you materially breach these Terms, with notice where reasonably possible. Upon termination, your right to use the Service ends, and we may delete your stored content after a reasonable grace period.

12. Governing law & disputes

These Terms are governed by the laws of Estonia, without regard to conflict-of-law principles. If you are a consumer habitually resident in another EU member state, you retain the protection of any mandatory consumer-protection provisions of that country's law. Disputes shall be submitted to the competent courts of Estonia, without prejudice to any mandatory consumer forum rights you may have. EU consumers may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes via the Service or by email at least 14 days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.

14. Contact

Phototoria OÜ
Harju maakond, Tallinn, Kesklinna linnaosa, Estonia, 10111
Email: legal@phototoria.eu