SilverAlbum Terms of Service

1. These Terms set out the rules for using the SilverAlbum service, available at silveralbum.art, hereinafter the “Service”.
2. The service provider is Sławomir Mularski, running a business under the name Elektro Joker Sławomir Mularski (address of the permanent place of business: Pstrągówka 161a, 38-124 Wiśniowa, Poland), entered in the Polish Central Register and Information on Economic Activity (CEIDG), tax identification number (NIP) 8191648933 — hereinafter the “Provider”. Contact: e-mail bok@silveralbum.art or traditional mail to the address above.
3. The service consists in providing a tool for storing photos, creating online galleries for the photographer’s clients, collecting clients’ photo selections for editing, running a public portfolio and accepting bookings of session dates.
4. The user is a natural person conducting business activity, a legal person or an organisational unit that has created an account in the Service, hereinafter the “User”.
5. The recipients of galleries are the User’s clients, hereinafter the “Recipients”. Recipients do not create accounts and do not enter into an agreement with the Provider.

1. Using the Service requires a device with internet access and an up-to-date browser with JavaScript and cookies enabled.
2. The User is responsible for keeping confidential their login credentials and the passwords they use to protect galleries. A gallery password disclosed to a third party gives that party full access to the contents of that gallery.
3. Providing unlawful content is prohibited, in particular:

• photos to which the User holds no copyright or licence,
• images of persons recorded or disseminated without the required consent of the persons depicted,
• material infringing personal rights, including the privacy of third parties,
• content of a criminal nature.

1. The agreement is concluded when the account is created and these Terms are accepted.
2. Every new account receives a 14-day trial period free of charge. Providing payment card details is not required for this.
3. The agreement is concluded for an indefinite period. The User may terminate it at any time, with effect at the end of the paid billing period.

1. The amount of the fees depends on the selected plan; plans differ in the amount of storage space. The current price list is available on the main page of the Service.
2. Only original files uploaded by the User count towards the storage limit. Thumbnails and previews generated by the Service do not count towards the limit.
3. Once the limit is reached, uploading new files is suspended. Galleries already published continue to work unchanged. The User may free up space or purchase additional space in packs of 10 GB.
4. The Pauza plan is a plan with limited functionality, intended for off-season periods: published galleries remain available to Recipients, while uploading new files is suspended until the User switches to another paid plan. Switching to the Pauza plan requires the space in use to fit within that plan’s limit and results in the immediate removal of purchased additional space packs — without a refund of the fee for the current billing period, in accordance with para. 5.
5. Fees are charged in advance for the selected billing period and are not refundable for any period in which the Service was available.

1. A published gallery is available to Recipients for 12 months from the date of publication. The Provider sends e-mail reminders of the approaching end of this period 30 and 7 days before the deadline, and during the last 30 days the deadline is also shown to Recipients in the gallery.
2. After this period, the gallery is moved to the archive: it is no longer available to Recipients, while the files remain in the User’s account and continue to count towards the storage limit. Republishing requires no additional fee and starts a new period as referred to in para. 1.
3. After termination of the Agreement, data is retained as follows:

• for 30 days galleries continue to work unchanged, but uploading new files is disabled,
• for a further 60 days galleries are unavailable to Recipients, while the files are kept,
• after a total of 90 days, data and files are permanently deleted.

The Provider does not provide an archiving or backup service for photographic material. The User is obliged to keep their own copy of the files.

1. Complaints may be submitted to the e-mail address given in § 1(2), describing the irregularity and the expected way of resolving it.
2. The Provider handles a complaint within 14 days of receiving it.

A User who is a consumer, or an entrepreneur entitled to consumer rights under Polish law, has the right to withdraw from the Agreement within 14 days without giving any reason. If, at the User’s express request, use of the Service begins before this period expires, the User is obliged to pay for the services provided up to the moment of withdrawal.

1. The Provider does not, on its own initiative, monitor photos uploaded by Users.
2. Anyone may report unlawful content — in particular the dissemination of a person’s image without consent — to the e-mail address given in § 1(2). The report should state the gallery address and describe the infringement.
3. Upon receiving a credible report, the Provider promptly disables access to the reported content and informs the User accordingly.

1. The Provider makes efforts to ensure the continuous operation of the Service but does not guarantee uninterrupted availability. Planned technical interruptions are announced in advance.
2. The Provider’s liability towards a User who is not a consumer is limited to the amount of fees paid in the 12 months preceding the event.
3. The limitation in para. 2 does not apply to damage caused intentionally or to cases in which exclusion of liability is not permitted.

1. The rights to the Service, its code, appearance and name belong to the Provider.
2. The rights to photos uploaded by the User remain with the User. The Provider obtains only a non-exclusive licence limited to storing, technically processing and making the photos available to Recipients — that is, to what is necessary to provide the Service.
3. The Provider does not use the User’s photos to promote the Service or to train machine learning models.

1. Galleries can be password-protected. Files are delivered exclusively via short-lived signed URLs, and the storage is not publicly accessible.
2. The User may assign additional passwords with limited scope to a gallery and mark selected photos as hidden. Hidden photos are unavailable to limited-scope access — they are not displayed, not delivered at the file URL and not included in the downloadable archive. Deleting an additional password does not end access sessions started before its deletion; an access session expires after 30 days at the latest.
3. The Service keeps a gallery event log (openings, downloads of individual files, submission of the photo selection), available to the User in the dashboard. The scope of the recorded data is described in the Privacy Policy.
4. The User may enable a watermark applied to previews and disable downloading of original files.
5. The Provider states expressly that it is not technically possible to prevent a gallery Recipient from taking a screenshot. Web browsers have no such mechanism for images, and system tools or photographing the screen with another device remain outside the Service’s control. A watermark reduces the usefulness of such a copy but does not prevent it.

1. The rules for processing the personal data of Users themselves are set out in the Privacy Policy.
2. With regard to data contained in material uploaded to the Service, the User is the controller and the Provider acts as a processor within the meaning of Article 28 GDPR. Accepting these Terms is equivalent to concluding a data processing agreement on the terms set out in this section.
3. Subject matter, nature and purpose: storage and technical processing solely for the purpose of providing the Service described in § 1(3), for the duration of the Agreement and the periods specified in § 5.
4. Type of data and categories of data subjects: images of persons recorded in photographs, data contained in file metadata (date, location), e-mail addresses and first names of Recipients provided when selecting photos, contact details of persons booking a session date, and data on Recipients’ activity in the gallery recorded in the event log (truncated IP address, browser identification, names of downloaded files). Categories of data subjects include the User’s clients and persons taking part in photographed events, including children.
5. The Provider does not perform facial recognition or any other biometric processing that allows a person to be uniquely identified. Images of persons are therefore not processed as special categories of data within the meaning of Article 9 GDPR.
6. Obligations of the Provider: processing solely on the documented instructions of the User, which consist of using the functions of the Service and the content of these Terms; binding authorised persons to confidentiality; implementing technical measures appropriate to the risk; assisting in fulfilling the obligations under Articles 32–36 GDPR and in responding to requests from data subjects.
7. Breach notification: the Provider notifies the User of any breach of the protection of the entrusted data without undue delay, and no later than 48 hours after becoming aware of it.
8. Sub-processors: the User grants general authorisation for the use of the further processors listed in the Privacy Policy. The Provider gives 30 days’ notice of any intended change; an objection entitles the User to terminate the Agreement with immediate effect and to a refund of the fee for the unused period.
9. Audit: the Provider enables the User or an auditor authorised by the User to verify compliance with the obligations under Article 28 GDPR, subject to prior agreement on the date.
10. After the provision of the Service ends, the data is deleted in accordance with § 5(3).

1. The Provider may develop the Service and change its functions, provided that this does not result in a significant reduction of the scope of the Service paid for by the User.
2. The Provider gives 14 days’ notice of any change to these Terms, sent to the e-mail address assigned to the account. Absence of objection means acceptance; an objection is equivalent to termination of the Agreement.

1. These Terms are governed by Polish law.
2. A consumer may use out-of-court complaint and dispute resolution methods, including the European Commission’s ODR platform.
3. In matters not regulated herein, the provisions of the Polish Civil Code and the Polish Act on Providing Services by Electronic Means apply.