1. General Provisions

These Terms of Service for Electronic Services (hereinafter: Terms) come into effect on 1st March 2025 and define the rules for using the FotoSesja.ai platform (hereinafter: Platform), operated by MK Media with registered office in the United Kingdom (hereinafter: Service Provider or Controller). Full contact details of the Service Provider are available upon request at: kontakt@fotosesja.ai. The Platform is an advanced SaaS tool enabling professional photographers (hereinafter: Photographer) to generate photo sessions using Google Gemini artificial intelligence, create protected galleries for end clients (hereinafter: Client), manage print orders, and conduct transactions using a credit-based system. Use of the Platform requires acceptance of these Terms. Acceptance occurs by ticking the appropriate checkbox during registration or through actual use of the Platform. These Terms are directed both to Photographers (entrepreneurs and natural persons conducting business activity) and to end Clients browsing galleries and placing print orders. The Service Provider stipulates that services are provided exclusively to persons of legal age (over 18 years old) or persons who have obtained consent from a legal guardian.

2. Definitions

For the purposes of these Terms, the following definitions apply: Platform - the FotoSesja.ai web service available at myphoto.rfsdev.co.uk (test environment) and fotosesja.ai (production environment), together with all subpages, administration panels, mobile applications, and API interfaces. User - any natural or legal person using the Platform, including Photographer, Client, or administrator. Photographer - a natural person conducting business activity or an entrepreneur holding an active photographer account on the Platform, who uploads reference photos, commissions AI session generation, creates galleries for Clients, and manages orders. Client - an end person who has been granted access to a gallery created by the Photographer, browses photos, selects favourite photographs, places print orders, or downloads high-resolution photos. Credits - virtual platform currency that enables the Photographer to commission photo generation by artificial intelligence; one credit corresponds to one generated photo. Generated Content - photos created by the Google Gemini artificial intelligence model based on Reference Photos uploaded by the Photographer. Reference Photos - photographs uploaded by the Photographer to the Platform, constituting the starting material for the AI session generation process. Gallery - a protected area of the Platform to which only the Photographer and Clients authorised by the Photographer have access, containing watermarked previews and selection and ordering options. Session - a collection of Generated Content created as a result of one AI generation commission. Print Order - an order placed by the Client for printing selected photos in paper form, on canvas, or in other formats offered by the Photographer.

3. Registration and Account

Registration on the Platform is free and available to all photographers conducting business activity or operating as natural persons. To create an account, the Photographer is required to provide true, current, and complete registration data, including: first and last name, email address, telephone number, photography studio name (optional). After registration, the Photographer receives a verification email at the provided address containing an activation link. The account is fully activated after clicking the verification link. The Photographer is obliged to update account data immediately in case of changes. The Photographer is solely responsible for maintaining the confidentiality of login credentials (email address and password) and for all activities performed from their account. In case of suspected unauthorised access to the account, the Photographer is obliged to immediately change the password and inform the Service Provider. Creating more than one account by the same person or entity without the Service Provider's consent is prohibited. Registration for purposes inconsistent with the Platform's intended use is prohibited, including for testing competitive solutions, data scraping, spam distribution, or conducting activities contrary to law. The Service Provider reserves the right to suspend or permanently delete the Photographer's account without notice in case of: repeated violation of the Terms, uploading illegal, offensive content or content violating third-party rights, attempted hacking or circumvention of Platform security measures, failure to honour payments for ordered Credits, conducting competitive activity against the Service Provider using the Platform.

4. Credit System and Payments

The Platform operates based on a Credits system, which the Photographer purchases in packages. One (1) Credit corresponds to the right to generate one (1) photo by artificial intelligence. Credits are purchased exclusively through the secure Stripe Inc. payment system, which handles transactions by payment cards (Visa, Mastercard, American Express) and BLIK method. All prices are expressed in Polish złoty (PLN) and include VAT in accordance with applicable regulations. The Service Provider does not store the Photographer's payment card data - transactions are processed directly by Stripe in accordance with PCI DSS Level 1 standard. After successful payment authorisation, Credits are immediately added to the Photographer's account balance. Credits do not expire and can be used at any time, regardless of the time that has elapsed since their purchase. Credits are non-refundable and cannot be exchanged for money after being used to generate photos. In case of a technical error in the Platform that prevented photo generation despite Credits being deducted, the Service Provider will return the deducted Credits to the Photographer's account within 48 hours of problem notification. The Service Provider reserves the right to change Credit package prices with 30 days notice. Price changes do not affect Credits already purchased. Photographers will be informed of price list changes by email and through a notification in the Platform panel. In case of failed payment transaction (authorisation refusal, insufficient funds, connection error), Credits will not be added to the Photographer's account. The Photographer may retry the payment or contact the Service Provider to clarify the problem. The Service Provider is not liable for delays or errors resulting from the operation of the Stripe payment system or the Photographer's financial institutions.

5. Intellectual Property

Copyright and intellectual property associated with the Platform are regulated as follows: AI-Generated Content: Photos generated by Google Gemini artificial intelligence based on Reference Photos uploaded by the Photographer constitute the property of the Photographer to the extent permitted by applicable copyright law. The Service Provider does not claim any copyright or ownership rights to Generated Content and does not use it for purposes other than providing services to the Photographer. The Photographer has the right to freely use, reproduce, publish, sell, and license Generated Content without restrictions from the Service Provider. Reference Photos: The Photographer declares and guarantees that they hold full copyright or appropriate licences to all Reference Photos uploaded to the Platform. The Photographer declares that they have obtained consent from all persons depicted in Reference Photos for their processing by the Platform and for generating AI Content based on them. The Photographer bears sole responsibility for violation of third-party rights resulting from uploading Reference Photos without appropriate consents or licences. Platform Rights: The Platform's source code, its architecture, interface design, logos, trademarks, graphics, marketing texts, and all other elements constituting the FotoSesja.ai Platform are the intellectual property of the Service Provider (MK Media) and are protected by copyright law, trademark law, and other intellectual property law provisions. The Photographer is granted a non-exclusive, non-transferable licence to use the Platform solely to the extent necessary to provide photography services to their own Clients. AI Disclaimer: The Service Provider informs that AI-Generated Content may not be recognised as works within the meaning of copyright law in some jurisdictions. The Photographer bears sole responsibility for ensuring that use of Generated Content complies with copyright law provisions applicable in the relevant jurisdiction. Model Releases and Consents: The Photographer undertakes to obtain all necessary consents from persons depicted in Reference Photos, including consents for image processing, personal data processing, and consents for commercial use of the image (model releases), if Generated Content is to be used for commercial purposes.

6. Data Protection

Personal data processing within the Platform is carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and the Personal Data Protection Act. Detailed information on personal data processing is contained in the Privacy Policy available at /privacy-policy, which constitutes an integral part of these Terms. Role of Service Provider: The Service Provider (MK Media) is the personal data controller of Photographers within the meaning of Art. 4(7) GDPR. The Service Provider processes the Photographer's data solely for purposes related to providing Platform services, including: performance of contract (Art. 6(1)(b) GDPR), fulfilment of legal obligations (Art. 6(1)(c) GDPR), pursuit of Controller's legitimate interests (Art. 6(1)(f) GDPR). Role of Photographer: The Photographer, by uploading to the Platform Reference Photos containing images and personal data of their Clients, acts as an independent data controller within the meaning of Art. 4(7) GDPR. The Photographer undertakes to process Clients' personal data in accordance with applicable regulations, including in particular to: obtain Client's consent for processing their data and image, inform the Client about processing of their data by the Platform (information obligation under Art. 13 GDPR), ensure the Client's ability to exercise their rights under GDPR (right of access, rectification, erasure, restriction, data portability, objection). Data Processing Agreement (DPA): To the extent that the Service Provider processes personal data of the Photographer's Clients on behalf of and for the benefit of the Photographer, the Service Provider acts as a data processor within the meaning of Art. 4(8) GDPR. The conditions of data processing entrustment are defined in the Data Processing Agreement (DPA), which is available upon request at: kontakt@fotosesja.ai. The Service Provider undertakes to process Clients' personal data solely in accordance with documented instructions from the Photographer and to the extent necessary to provide services. Rights of Photographer and Client: The Photographer and their Clients have rights defined in Arts. 15-22 GDPR, including right of access to data, right to rectification, right to erasure ('right to be forgotten'), right to restriction of processing, right to data portability, right to object, and right to lodge a complaint with a supervisory authority.

7. Liability

The Service Provider makes every effort to ensure the Platform operates continuously, stably, and without errors. The Service Provider aims to ensure Platform availability at 99.5% per month (SLA), excluding planned maintenance breaks about which Photographers will be informed with at least 48 hours notice. However, the Service Provider does not guarantee 100% Platform availability and is not liable for interruptions caused by: force majeure, including natural disasters, wars, strikes, terrorist attacks, acts of public authorities, internet infrastructure failures, AWS, Google, or Stripe service failures beyond the Service Provider's control, hacker attacks, DDoS attacks, or other third-party actions aimed at destabilising the Platform, planned maintenance works performed outside peak hours (22:00-06:00 Polish time). Liability for AI Content: The Service Provider is not liable for the quality, accuracy, relevance, or legality of Content Generated by artificial intelligence. The Photographer acknowledges that AI algorithms operate probabilistically and may generate inappropriate, undesirable, or content not meeting the Photographer's expectations. The Photographer bears sole responsibility for verification, selection, and use of Generated Content and for the manner of their presentation to Clients. The Service Provider is not liable for third-party claims arising from use of Generated Content by the Photographer. Limitation of Liability: The Service Provider's liability for non-performance or improper performance of the electronic services agreement is limited to actual damage suffered by the Photographer, but no more than the amount corresponding to the value of fees paid by the Photographer for Credits in the last 12 months preceding the claim notification. The Service Provider is not liable for indirect damages, lost profits, data loss, reputation loss, or other non-material damages. Exclusion of Warranties: The Platform is provided 'as-is' and 'as-available', without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights. The Photographer uses the Platform at their own risk.

8. Termination

The electronic services agreement is concluded for an indefinite period and may be terminated by either party at any time. Termination by Photographer: The Photographer may delete their account at any time from the Platform settings panel. Account deletion is tantamount to termination of the agreement with immediate effect. Before deleting the account, the Photographer should export all data they wish to retain (Client list, statistics, orders), as after account deletion this data will no longer be available. Unused Credits are forfeited upon account deletion and are non-refundable. The Photographer may within 7 days of account deletion request account restoration together with unused Credits by contacting the Service Provider. Termination by Service Provider: The Service Provider may terminate the agreement with immediate effect and delete the Photographer's account without notice in case of: gross violation of these Terms, repeated violation of Terms despite prior warning, uploading illegal, offensive content or content violating third-party rights, conducting competitive activity using the Platform, failure to settle payment for purchased Credits despite payment deadline expiry and payment demand. In case of less serious violations, the Service Provider reserves the right to temporarily suspend account access for up to 30 days with possibility of restoration after removal of suspension causes. Effects of Termination: After termination of the agreement, the Photographer's personal data is deleted within 30 days unless legal provisions impose an obligation for longer retention (e.g. tax regulations require retention of financial data for 5 years). Reference Photos and Generated Content are deleted from AWS S3 servers within 30 days of account deletion. Galleries shared with Clients become unavailable upon account deletion. The Photographer is obliged to inform their Clients about planned account deletion and ensure them access to purchased photos before that date. Changes to Terms Conditions: The Service Provider reserves the right to introduce changes to these Terms with a 30-day notice period for material changes (e.g. change in settlement model, functionality limitation) and 7-day notice period for non-material changes (e.g. editorial updates, clarifications). The Photographer who does not accept the changes has the right to terminate the agreement before the changes take effect.

9. Changes to Terms

The Service Provider reserves the right to introduce changes to these Terms at any time. Changes may be caused by: adaptation of the Platform to changing legal provisions, including provisions concerning personal data protection, consumer rights, digital services, introduction of new functionalities or modification of existing services, change in cooperation conditions with subcontractors (AWS, Google, Stripe), need to clarify provisions to avoid ambiguities or disputes, adjustment of business model or price list. Division into Material and Non-Material Changes: Material changes are changes that affect the scope of provided services, fee amounts, Photographer's rights or obligations, including in particular: change in Credit package prices, change in settlement rules or refund policy, limitation of Platform functionality, change in personal data processing rules, change in Service Provider's liability rules. In case of material changes, Photographers will be notified by email to the address provided during registration with at least 30 days notice. The Photographer who does not accept material changes has the right to terminate the agreement before they take effect without loss of unused Credits. Non-material changes are changes of a technical, editorial, or organisational nature that do not affect the Photographer's rights and obligations, including in particular: language corrections, clarifications of definitions, contact data updates, changes to Terms graphical layout. In case of non-material changes, Photographers will be notified with at least 7 days notice. Acceptance of Changes: Continued use of the Platform after changes to the Terms take effect constitutes acceptance of those changes. In case of non-acceptance, the Photographer is obliged to cease using the Platform and delete their account before the changes take effect. The current version of the Terms together with the date of last update is always available at /terms.

10. Governing Law and Jurisdiction

These Terms and all legal relationships arising from use of the Platform are governed by Polish law, subject to mandatory provisions of European Union law, including in particular: Regulation (EU) 2016/679 (GDPR), Directive 2011/83/EU on consumer rights, Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services. Provisions for Consumers: In case the Photographer is a natural person using Platform services for purposes unrelated to business or professional activity (consumer within the meaning of Art. 22¹ of the Civil Code), consumer protection provisions apply, including the right to withdraw from the contract within 14 days from the date of concluding the electronic services agreement, provided that the right of withdrawal expires upon commencement of service provision (i.e. use of the first Credit). Dispute Resolution: All disputes arising from use of the Platform or related to these Terms shall be resolved in the first instance through negotiation and mediation. The parties undertake to attempt amicable resolution of the dispute before referring the matter to court. In case of impossibility of amicable dispute resolution, the competent court shall be the common court competent according to the provisions of the Code of Civil Procedure. Consumers may use out-of-court methods of examining complaints and pursuing claims through the ODR platform available at: https://ec.europa.eu/consumers/odr. Complaints Procedure: The Photographer has the right to file a complaint concerning Platform operation, service quality, technical errors, or other problems related to Platform use. The complaint should be sent to: kontakt@fotosesja.ai and should contain: Photographer's contact details (first name, last name, email address), description of the problem or circumstances justifying the complaint, date and time of problem occurrence, any screenshots or other materials documenting the problem. The Service Provider will examine the complaint within 14 business days from receipt and provide a response by email. In case of complaint acceptance, the Service Provider will grant the Photographer a refund of deducted Credits or other redress appropriate to the nature of the problem. Contact for Legal Matters: For questions concerning these Terms, copyright, personal data protection, or other legal matters, please contact: kontakt@fotosesja.ai.