Terms of Service

1. General Provisions

These Terms of Service govern the use of the FotoClick platform (hereinafter: "Platform"), available at fotoclick.pl.
The Platform is operated by itworked, NIP: 8952272359, email: kontakt@fotoclick.pl (hereinafter: "Provider").
By using the Platform, you agree to these Terms.
The Platform enables creation of shared photo galleries for events — such as weddings, parties, corporate events, and other gatherings.

Platform — the FotoClick web application available at fotoclick.pl and related services.
Organizer — a person who creates an event and manages its photo gallery through the organizer panel.
Guest — a person who uploads or views photos in an event gallery.
Event — a photo gallery created by an Organizer, identified by a unique event code.
Account — an optional user account created using an email address and password, required for plan upgrades.
Plan — a service tier (Free, Pro, or Full) defining the limits and features of an event.

Creating an event on the Free plan does not require account registration. The Organizer receives an event code and organizer PIN used to manage the event.
Account registration (email and password) is required for plan upgrades (Pro/Full), payments, and managing multiple events.
Guests do not need to create an account, install any application, or provide any personal data to use the gallery. Scanning a QR code or opening the event link is sufficient.
The following uses of the Platform are prohibited:
- uploading content that infringes on third-party rights (including copyright and personal rights),
- uploading pornographic content or content promoting violence, hatred, or discrimination,
- actions intended to disrupt the Platform (spam, attacks, API abuse),
- using the Platform for purposes inconsistent with its intended use.
The Provider reserves the right to block access to an event or remove content that violates these Terms, without prior notice.

The Platform offers a free plan (Free) and paid plans (Pro and Full).
Payments for Pro and Full plans are one-time — the Platform does not use subscriptions or recurring charges.
Payments are processed by the external payment provider Stripe. The Provider does not store credit card data or bank account details.
Available payment methods: credit card, BLIK, Przelewy24.
After payment, the event is upgraded according to the selected plan. Plan upgrades are irreversible.
Plan prices are listed on the Platform pricing page and include VAT where applicable.

Due to the nature of the digital service delivered immediately upon payment, the right of withdrawal does not apply pursuant to Article 38(13) of the Polish Consumer Rights Act of 30 May 2014.
In justified cases — such as a technical error preventing use of the paid service — please contact us at kontakt@fotoclick.pl. Each case is reviewed individually.

Users (Organizers and Guests) are fully responsible for the content they upload to the Platform — including photos, event descriptions, author names, and messages attached to photos.
The Provider does not continuously monitor uploaded content and is not responsible for user-submitted content unless notified of its unlawful nature.
The Provider reserves the right to remove content that violates these Terms or applicable law, without prior notice to the author.

Each plan has a defined event validity period, shown on the pricing page.
After the validity period expires, the event becomes inactive — Guests lose access to the gallery and new photo uploads are blocked.
After expiration, the Organizer has an additional 30 days (grace period) to download photos.
After the grace period, all photos and files are permanently and automatically deleted. The Provider cannot recover them.
Once the photos are deleted, a keepsake entry of the event (name, date, photo count) remains in the Organizer's account — without the photos themselves. We keep this entry for up to 24 months, after which it is permanently deleted.
The Provider does not guarantee data storage beyond the validity period and grace period.

As part of the service, the Provider sends emails related to service delivery (transactional emails), including:
- payment and plan upgrade confirmation,
- event expiration warning,
- event summary after the event date.
Transactional emails are essential to the service and do not require separate consent.

The Platform is provided on an "as is" basis. The Provider makes reasonable efforts to ensure continuous and reliable operation but does not guarantee uninterrupted availability.
The Provider is not liable for:
- data loss resulting from circumstances beyond the Provider's control (infrastructure failures, force majeure),
- content uploaded by users,
- damage resulting from improper use of the Platform or failure to secure access credentials (event code, PIN).
To the maximum extent permitted by law, the Provider's total liability to any user arising from use of the Platform is limited to the amount actually paid by that user for their plan.

Users retain full copyright to the content (photos, descriptions) they upload to the Platform.
By uploading content, the user grants the Provider a non-exclusive, royalty-free license to process, store, and display it solely to the extent necessary for service delivery (in particular: generating thumbnails, displaying in the gallery, enabling downloads).
The FotoClick name, logo, visual design, and source code are the property of the Provider and are legally protected.

The Provider reserves the right to modify these Terms.
The current version is always available on the Platform at fotoclick.pl/terms.
Continued use of the Platform after changes are published constitutes acceptance of those changes.

For matters related to these Terms or the Platform, please contact us at: kontakt@fotoclick.pl

Last updated: November 3, 2026