Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the PhotoGate platform at photogate.app ("Service"), operated by PhotoGate ("we," "us," or "our").

By creating an account, subscribing to a plan, or using any part of the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Service

PhotoGate is a SaaS platform designed for professional photographers and videographers. The Service enables photographers and videographers to:

• Upload and store photos securely
• Generate watermarked preview galleries for clients
• Share galleries with clients via unique links
• Track and manage client payments
• Create and email professional invoices
• Manage projects across multiple supported currencies

Clients access galleries via shareable links and do not need to create accounts on PhotoGate.

3. Account Registration

To use the Service, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly update any information that becomes inaccurate

You are solely responsible for all activity that occurs under your account. If you suspect unauthorized access to your account, you must notify us immediately at photogateofficial@gmail.com.

We reserve the right to suspend or terminate accounts that contain false or misleading information.

4. Subscription Plans and Billing

4.1 Plans

PhotoGate offers multiple subscription tiers, each with different features and storage allocations. Current plan details and pricing are displayed on our pricing page. We reserve the right to modify plan offerings at any time with appropriate notice.

4.2 Payment Processing

Subscription payments are processed by our payment processing partners. By subscribing, you also agree to the terms and conditions of our payment processor. We do not store your credit or debit card details on our servers.

4.3 Billing Cycle and Renewal

Subscriptions are billed monthly on a recurring basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be charged at the beginning of each billing period.

4.4 Cancellation

You may cancel your subscription at any time from your dashboard. Upon cancellation:

• You retain access to the Service until the end of your current paid billing period.
• No further charges will be applied.
• Your uploaded data will be retained for 30 days after your subscription expires (see Section 10).

4.5 Refunds

Subscription payments are non-refundable. If you cancel mid-cycle, you will continue to have access for the remainder of the paid period but will not receive a prorated refund. In exceptional circumstances, refund requests may be considered on a case-by-case basis — contact us at photogateofficial@gmail.com.

4.6 Price Changes

We may change subscription prices with at least 30 days' notice via email. Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

5. Client Payments

PhotoGate facilitates communication between creators and their clients regarding payments, but PhotoGate does not process, hold, or guarantee client-to-creator payments. Clients pay creators directly via bank transfer using the bank details the creator provides on the platform.

Creators are solely responsible for verifying that payments have been received in their bank accounts before confirming payment claims on the platform. PhotoGate bears no liability for disputes between creators and their clients regarding payments.

6. User Responsibilities

As a user of the Service, you agree to:

• Provide accurate bank account information if you choose to display it to clients
• Only upload content (photos, logos, invoices) that you own or have the right to use
• Only provide client email addresses with proper authorization to contact those individuals
• Comply with all applicable laws and regulations in your jurisdiction
• Not use the Service for any purpose that is unlawful, harmful, or violates the rights of others
• Maintain the confidentiality of your login credentials

7. Prohibited Uses

You may not use the Service to:

• Upload, store, or distribute illegal, obscene, defamatory, or harmful content
• Infringe on the intellectual property rights of others
• Send spam or unsolicited communications through the platform
• Attempt to gain unauthorized access to other users' accounts or data
• Interfere with or disrupt the Service, servers, or networks
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated tools (bots, scrapers) to access the Service without our written permission
• Misrepresent your identity or impersonate another person
• Use the Service to facilitate money laundering, fraud, or other financial crimes
• Resell or redistribute access to the Service without our authorization

Violation of these terms may result in immediate suspension or termination of your account without notice.

8. Intellectual Property

8.1 PhotoGate's Intellectual Property

The Service, including its design, code, features, branding, logos, and documentation, is owned by PhotoGate and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

8.2 Your Content

You retain full ownership of all photos, logos, invoices, and other content you upload to or create through PhotoGate. We do not claim any intellectual property rights over your content.

By uploading content, you grant us a limited, non-exclusive license to store, process, and display your content solely as necessary to provide the Service — for example, to generate watermarked previews, create collages, and deliver galleries to your clients. This license terminates when you delete your content or your account is closed.

8.3 Watermarks

Watermarks generated by PhotoGate are applied solely to protect your work during the preview stage. The watermark includes your organization name and is not a claim of ownership by PhotoGate.

9. Storage Limits

Each subscription plan includes a specified amount of file storage, as specified in your subscription plan. Storage allocations vary by plan tier and are detailed on our pricing page.

If you exceed your storage limit, you will not be able to upload additional files until you delete existing files or upgrade your plan. Individual file uploads are subject to per-file size limits. Projects linked to external cloud storage do not count toward your storage quota.

10. Data Retention and Deletion

When your subscription expires or is cancelled, the following retention policy applies:

• 30-day grace period: Your account, project data, and uploaded files remain accessible for 30 days. During this period, you may reactivate your subscription to restore full access.
• After 30 days: Photos and files stored on our platform are permanently and irreversibly deleted. We cannot recover deleted files after this point.
• Account records: Basic account and project metadata (names, emails, amounts, dates) may be retained for a limited period for legal and accounting purposes, even after file deletion.

You may delete individual projects and their associated photos at any time from your dashboard. Deleted content is removed permanently and cannot be recovered.

11. Availability and Modifications

We strive to maintain high uptime, but we do not guarantee uninterrupted or error-free access to the Service. We may temporarily suspend the Service for maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, update, or discontinue features of the Service at any time. For material changes that affect your use of the Service, we will provide reasonable notice via email or an in-app announcement.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• PhotoGate shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of or inability to use the Service.
• Our total aggregate liability for any claims arising from or related to the Service shall not exceed the amount you paid to PhotoGate in the 12 months preceding the claim.
• We are not liable for any disputes, losses, or damages arising from transactions between creators and their clients, including payment disputes, delivery disagreements, or the quality of content delivered.
• We are not liable for any loss of data resulting from service disruptions, infrastructure failures, or events beyond our reasonable control.

13. Indemnification

You agree to indemnify, defend, and hold harmless PhotoGate and its affiliates, officers, and employees from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Content you upload or share through the Service
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Disputes with your clients

14. Account Suspension and Termination

14.1 By You

You may cancel your subscription at any time from your dashboard. To request full account deletion, contact us at photogateofficial@gmail.com.

14.2 By Us

We may suspend or terminate your account, with or without notice, if:

• You violate these Terms or any applicable law
• You engage in fraudulent, abusive, or harmful conduct
• Your subscription payment fails and is not resolved within a reasonable period
• We are required to do so by law or legal process

Upon termination, your right to use the Service ceases immediately. The data retention policy in Section 10 applies to terminated accounts.

15. Dispute Resolution

If you have a dispute with PhotoGate, we encourage you to contact us first at photogateofficial@gmail.com so we can attempt to resolve the matter informally. Most concerns can be resolved quickly through direct communication.

If we are unable to resolve the dispute informally within 30 days, either party may pursue resolution through binding arbitration or the competent courts in the jurisdiction specified in Section 16.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles. Any legal proceedings arising from these Terms shall be brought in the courts of Lagos State, Nigeria.

17. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify registered users via email and update the "Last updated" date at the top of this page. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you disagree with the changes, you should stop using the Service and cancel your subscription.

19. Contact Us

If you have any questions or concerns about these Terms, please contact us:

• Email: photogateofficial@gmail.com
• Website: photogate.app