Terms of Service

01Definitions

• Account means a registered PixoProof user account.
• Client means any person who accesses a gallery created by a Photographer.
• Content means photographs, images, files, metadata, comments, text, information and other materials uploaded to or generated on the Platform.
• Photographer means the Account holder using PixoProof to deliver galleries and related services.
• Platform means the PixoProof website, mobile applications, software, APIs, infrastructure and associated services.
• Services means all products and services provided by PixoProof.
• User means any individual or entity accessing or using the Services.

02Interpretation

Unless the context otherwise requires:

• a reference to a person includes an individual, corporation, partnership, trust, government authority and any other legal entity;
• the words “including”, “includes”, “such as” and similar expressions are to be interpreted without limitation;
• headings are for convenience only and do not affect interpretation;
• the singular includes the plural and vice versa;
• references to legislation include amendments, replacements and successor legislation;
• references to writing include electronic communications.

03About PixoProof

PixoProof provides technology services that enable Photographers to upload Content, deliver private galleries, manage client access and selections, apply watermarking and other protection tools, and manage image delivery workflows.

PixoProof is a technology platform only. PixoProof is not:

• a photographer;
• a party to any agreement, transaction, dispute, copyright claim, payment arrangement, licensing arrangement, print order or relationship between Photographers and their Clients;
• responsible for the quality, legality, accuracy or content of any photographs or galleries uploaded by Photographers;
• responsible for any dispute between a Photographer and a Client.

All relationships, contracts, payments, ownership rights, licensing arrangements and disputes between Photographers and Clients remain solely between those parties. PixoProof does not determine, guarantee or take any position on the ownership of any Content.

We may modify, enhance, suspend or discontinue any part of the Services at any time.

04Eligibility

You may only use the Services if:

• you are at least 18 years old (or the age of legal majority in your jurisdiction);
• you have legal capacity to enter into binding contracts;
• you are authorised to act on behalf of any business entity you represent;
• your use complies with all applicable laws.

PixoProof may refuse, suspend or terminate access to any person or entity at its sole discretion.

05Account registration and security

You agree to provide accurate, complete and current information when creating an Account and to keep it updated.

You may create an Account and sign in with an email address and password, or with Sign in with Google. When you use Google, you authorise PixoProof to receive certain information from Google (such as your name, email address, profile picture and Google account identifier) to create and manage your Account. Google’s own terms and privacy policy apply to the authentication process. We do not receive or store your Google password.

You are solely responsible for:

• maintaining the confidentiality of your login credentials;
• all activity under your Account;
• the security of your own devices, passwords, authentication methods and account access;
• ensuring only authorised people access your Account.

You must notify us immediately at [email protected] if you suspect unauthorised access to your Account.

PixoProof is not liable for unauthorised access resulting from your negligence, weak passwords, credential sharing, phishing attacks, third-party breaches or events beyond our reasonable control.

06Subscription plans

PixoProof offers a Free plan and paid subscription plans (currently Essential, Professional and Studio), billed monthly or yearly. Yearly billing includes a discount shown on the Pricing page. Features, storage limits, pricing and availability are described on the Pricing page and may change at any time.

The Free plan includes a fixed storage allowance and does not require a payment card.

07Free plan conditions

Users on the Free plan acknowledge and agree that:

• storage limits and feature restrictions apply;
• support levels may differ from paid plans;
• the inactivity rules below apply.

Inactivity. If a Free plan Account has no successful sign-in for 20 consecutive days, we will email you a warning. A final warning follows at 25 days. At 30 days without a sign-in the Account is suspended and permanently deleted, including its galleries, files, Client information, metadata and Account data. Gallery links you have shared stop working once the galleries are deleted.

Deleted data cannot be recovered. You are solely responsible for keeping your own copies of your original files.

We may modify or discontinue the Free plan at any time. Users do not acquire any permanent right to continued free access.

08Billing and payments

Payments are processed by Stripe. You authorise recurring billing where applicable. Failure to pay may result in Account suspension, gallery suspension, service downgrade or Account termination. All fees are exclusive of applicable taxes unless otherwise stated.

Fraudulent chargebacks, payment disputes or abuse of payment systems may result in immediate suspension or termination of your Account.

Automatic renewal. Paid subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date from your Billing settings. By subscribing, you authorise PixoProof to charge your nominated payment method for renewal fees.

Referral credits. Photographers may receive account credits for referring other photographers who subscribe to a paid plan. The current credit amounts, qualification rules and how credits are applied are described on the Referral Program page and form part of these Terms. Credits have no cash value, are not transferable and may be withdrawn in cases of abuse.

09Refund policy

Except where required by mandatory applicable law (including non-excludable rights under the Australian Consumer Law):

• subscription fees are non-refundable;
• partial-period refunds are not provided;
• unused service periods are not refundable.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.

10Content and intellectual property

Content ownership. PixoProof does not claim ownership of User Content. PixoProof does not determine, verify, adjudicate, guarantee or assume responsibility for ownership of User Content. Ownership is determined solely by applicable law and any arrangements between the relevant parties. Any dispute concerning ownership, authorship, licensing, permissions, consent or use of User Content remains solely between those parties.

Licence to PixoProof. By uploading Content, you grant PixoProof a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, process, resize, display, deliver, transmit, watermark, back up and otherwise use the Content solely as necessary to operate, provide, improve and secure the Services. This licence ends when the Content is permanently deleted from the Platform, subject to residual database backups (kept for 30 days) and legal retention requirements.

Platform intellectual property. The Platform, Services and all associated software, source code, user interfaces, workflows, designs, databases, functionality, trademarks, branding, logos, graphics, documentation and proprietary technology are owned by or licensed to PixoProof and protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights, title or interest in the Platform or Services are granted to any User. Users must not copy, reproduce, distribute, modify, create derivative works from, reverse engineer, decompile or otherwise attempt to access the source code of any part of the Platform, except to the extent such restriction is prohibited by law.

11Photographer warranties and responsibilities

You represent, warrant and covenant that:

• you own or control all rights necessary to upload the Content and grant the licences in these Terms;
• you have obtained all required model releases, property releases, client permissions, parental consents and guardian consents;
• the Content does not infringe copyright, privacy rights, publicity rights or any other third-party rights;
• the Content does not violate any applicable law.

Photographers are solely responsible for all Content they upload and for all interactions and disputes with Clients. PixoProof has no obligation to verify ownership, consents or releases.

Images of children and minors. Photographers are solely responsible for obtaining all legally required permissions relating to minors. PixoProof does not verify parental authority, custody arrangements, guardian permissions or consent documentation. See our Child Safety & Minor Protection Policy.

The Photographer Agreement supplements this section.

12Client gallery access

Clients access galleries through a personal invite link or a PIN set by the Photographer. The rights (if any) to view, download or use images in a gallery are determined solely by the Photographer. PixoProof does not grant any licence or rights in the Content. The Client Gallery Terms apply to every person who accesses a gallery.

Photographers may set an expiry date on a gallery. After expiry, the gallery is either hidden from Clients or permanently deleted, according to the Photographer’s setting. Deletion is permanent.

13Screenshot protection and technical measures

PixoProof provides protection features that differ by platform: watermarked previews on the web and in the apps, download controls, screenshot blocking in the Android app, screenshot detection and alerts in the iOS app, and access controls such as PINs and expiry dates. These features are designed to reduce unauthorised copying.

Because of limitations imposed by operating systems, web browsers, device manufacturers, third-party software, screen-recording tools, external cameras and evolving technologies, PixoProof does not guarantee prevention of screenshots, recordings, copies, downloads, reproductions or redistribution. Screenshot protection, screenshot detection, watermarking and related controls are deterrent measures only.

PixoProof does not warrant, guarantee or represent that any technical protection measure will prevent copying, downloading, distribution, reproduction, recording, extraction, AI ingestion or misuse of Content. See the Security page for a plain-language description of what protection can and cannot do.

14AI usage and data harvesting restrictions

Users must not, without express written authorisation from the applicable rights holder:

• use Content for AI training or model development;
• create datasets from Content;
• scrape galleries;
• use automated extraction tools;
• perform machine-learning training or facial-recognition processing on Content.

Full details are in the Acceptable Use Policy, which includes our AI Usage Restrictions.

15Acceptable use

Users must not:

• upload illegal content or child sexual exploitation material;
• upload malware or conduct phishing;
• harass others;
• attempt unauthorised access or circumvent security controls;
• share Account credentials;
• reverse-engineer the Platform;
• conduct automated scraping or data harvesting.

PixoProof may investigate suspected violations and take any enforcement action it considers appropriate, including immediate suspension or termination, content removal and reporting to authorities.

16Service modifications and availability

PixoProof may modify, suspend, discontinue or restrict any feature or part of the Services at any time, with or without notice, for maintenance, security, legal, commercial or other reasons.

The Services are provided on an “as available” basis. PixoProof does not guarantee continuous availability, error-free operation, uninterrupted service or compatibility with all devices or browsers. Maintenance and outages may occur.

Beta features. From time to time PixoProof may offer beta, preview or experimental features. They are provided “as is”, may contain bugs or incomplete functionality, and may be modified or discontinued at any time without notice. Use of beta features is at your own risk.

17Third-party services

PixoProof relies on third-party services including payment processing (Stripe), hosting and storage, content delivery, email delivery, error and performance monitoring, analytics and authentication (Google). The current list is published on our Sub-processors page. PixoProof is not responsible for the acts, omissions, availability or security of any third-party service. Use of third-party services is subject to their own terms and privacy policies.

18Privacy and data processing

Our Privacy Policy forms part of these Terms. By using the Services you acknowledge that personal information will be collected and processed as described there.

Where Photographers upload, store, share or otherwise process personal information through the Services, the Photographer acts as the controller (or equivalent decision-maker) for that information. PixoProof acts solely as a processor, to the extent provided by applicable law and solely to provide the Services. The Data Processing Addendum applies to that processing.

Photographers remain solely responsible for complying with applicable privacy and data protection laws, including obligations relating to notices, consent, lawful basis, access requests, correction requests and deletion requests.

19No monitoring obligation

PixoProof is under no obligation to monitor, review, screen, investigate, moderate, validate or verify User Content, galleries, user activity or communications. The existence of any moderation, review, enforcement, investigation or security activity does not create a duty to continue it or assume responsibility for User Content or user conduct. PixoProof may, but is not required to, monitor any aspect of the Services.

20Suspension

PixoProof may suspend, restrict, disable or remove access to all or part of the Services immediately and without prior notice where PixoProof reasonably considers it necessary for legal, regulatory, security, operational, commercial or reputational reasons, including:

• violation of these Terms or the Acceptable Use Policy;
• payment failures;
• suspected fraud;
• intellectual property or privacy complaints;
• cybersecurity risks;
• legal requests;
• abuse of the Platform.

PixoProof is not liable for any loss resulting from a suspension implemented in good faith.

21Termination

You may close your Account at any time by emailing [email protected] from your Account email address. We will confirm the request and close the Account within 30 days. PixoProof may terminate Accounts at its sole discretion, including for breach, risk or prolonged inactivity.

Upon termination:

• access to the Services ceases;
• Content is removed;
• data is deleted in accordance with our retention practices described in the Security & Data Retention Policy.

Sections that by their nature should survive (including ownership, licences, indemnification, limitation of liability, disclaimers, dispute resolution, governing law and this clause) survive termination.

22Confidentiality

Each party must keep confidential the Confidential Information disclosed by the other party and must not use or disclose it except as necessary to perform these Terms. These obligations do not apply to information that is publicly available through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or must be disclosed by law.

23Indemnification

You agree to defend, indemnify and hold harmless PixoProof and its directors, officers, employees, contractors, affiliates and partners from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: your Content; copyright, privacy, publicity or other intellectual-property claims; defamation or other tort claims; disputes with Clients or third parties; your violation of any law; or your breach of these Terms. This indemnity survives termination.

24Warranty disclaimer

To the maximum extent permitted by law, the Services are provided “as is” and “as available”. PixoProof disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, security and accuracy, except for any non-excludable guarantees under the Australian Consumer Law.

25Limitation of liability

To the maximum extent permitted by law:

• PixoProof is not liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits, lost revenue, lost business opportunities or lost data;
• PixoProof’s total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the greater of (a) the total fees paid by you to PixoProof in the twelve (12) months immediately preceding the event giving rise to the claim and (b) AUD 100.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded under the Australian Consumer Law or other mandatory applicable law.

26Force majeure

PixoProof is not liable for any failure or delay in performing its obligations due to circumstances beyond its reasonable control, including natural disasters, internet or infrastructure outages, government actions, cyber-attacks, war, pandemics, labour disputes or failures of third-party providers.

27Dispute resolution

The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation. If the dispute is not resolved within thirty (30) days, either party may refer it to mediation.

If mediation does not resolve the dispute, and to the extent permitted by law, the dispute shall be referred to and finally resolved by binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in Melbourne, Victoria, in accordance with the ACICA Arbitration Rules. The seat of arbitration is Melbourne, Victoria, and the language is English.

To the maximum extent permitted by law, you agree to bring any claim individually and waive any right to participate in class actions, representative actions or collective proceedings against PixoProof.

28Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia. Subject to the arbitration provisions above and any mandatory consumer protection laws, the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.

29Changes to these Terms

PixoProof may modify these Terms at any time. The updated version will be published on this page with a revised version number and “Last updated” date. Material changes will be notified by email or in the app where reasonably practicable, and may require you to accept the new Terms on your next sign-in. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.

30General provisions

• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Photographer Agreement, Data Processing Addendum and any other policies referenced here, constitute the entire agreement between you and PixoProof and supersede all prior agreements and understandings.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force and effect.
• Assignment. You may not assign or transfer these Terms without PixoProof’s prior written consent. PixoProof may assign these Terms freely.
• Waiver. No failure or delay by PixoProof in exercising any right under these Terms constitutes a waiver of that right.
• Notices. Notices may be provided by email, through the Services or by posting on the website.
• Relationship of parties. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and PixoProof.

31Contact

PixoProof · Email: [email protected] · Website: pixoproof.com

Version history: 1.0 (14 September 2026) first release. 1.1 (8 October 2026) corrected the Free plan inactivity schedule, described protection features per platform, replaced “passwords” with invite links and PINs, named the current plans, added referral credits and gallery expiry, clarified account closure by email, and linked the related policies. 1.2 (9 October 2026) shortened the Free plan inactivity schedule to warnings at 20 and 25 days and suspension with permanent deletion at 30 days.