- We may update these Terms (1) to reflect changes in our products, services or business operations, (2) for legal, regulatory or security reasons, (3) to prevent abuse or harm, or (4) to improve readability and make clarifications that our users request.
- We may provide a more prominent notice (including email notifications) when we make material changes that all of our users should know about.
Last Updated: January 17, 2023
Software means any software, including its source code, distributed by PhotoPrism, either self-hosted, installed on a device, managed, or as a service.
Open Source Software is any software component or software application, including third-party software, distributed under a Public License.
Evaluation Software means versions of the Software that are not released and labeled as production-ready, such as our development previews, test builds, and any Software that is expressly provided for evaluation and not for production.
Services means any backend services, world maps, hosted documentation, remote access, cloud storage, software as a service, support forums, member benefits and/or other services offered by PhotoPrism that are based on or complementary to the Software.
Professional Services are consulting, support, development, and/or other related services provided to Customer, and may also be referred to as "Consulting Services," "Customization," or "Remote Assistance."
Documentation means all instructions, diagrams, screenshots, manuals, guides, references and/or other written documents related to the Software and the Services.
Digital Assets means icons, fonts, illustrations, graphics, background images, videos, sounds, models, and sample files related to or accompanying the Software and/or Documentation, such as those provided on GitHub, distributed on dl.photoprism.app, and used on docs.photoprism.app.
Brand Assets means trademarks, logos, icons, fonts, corporate designs, product and service names, and any other brand features and elements, whether registered or unregistered.
Order Form means the order document or order page for the Software, Services and/or Professional Services.
Customer means an individual, company or partnership that has entered into a written agreement with PhotoPrism (1) to license Software, or (2) to provide Professional Services for a fee.
Affiliate(s) means any entity that controls, is controlled by, or is under common control with a party, where "control" means the ability to direct the management and policies of an entity.
Intellectual Property Rights means all intellectual property rights, including but not limited to patents, copyrights, trademarks, goodwill, moral rights, trade secrets and all other intellectual and industrial property rights and proprietary rights, including registrations, applications, renewals and extensions of such rights worldwide.
License Agreement means the agreement between PhotoPrism (or a PhotoPrism Affiliate or an authorized reseller of the Software) and Customer under which Customer has acquired or will acquire license rights to use the Software.
Public License means any license that conforms to the Open Source Definition (as promulgated by the Open Source Initiative) or the Free Software Definition (as promulgated by the Free Software Foundation) or a substantially similar license, including any license approved by the Open Source Initiative or a Creative Commons license. "Open Source Licenses" include copyleft licenses.
1. Your Rights and Choices
(a) By law, you have certain rights that cannot be limited by a contract. These Terms are in no way intended to limit those rights.
(b) If you agree to these Terms not as an individual, but on behalf of your company, government, or other entity for which you are acting (e.g., as an employee or government official), then "you" or "Customer" means your entity and you bind your entity to these Terms. You warrant that you have the legal power and authority to enter into these Terms.
(c) All rights not expressly licensed by PhotoPrism under a License Agreement or provided under a Public License are reserved. For the avoidance of doubt, this also applies to promotional materials, legal documents, and any other Intellectual Property Rights. The use, reproduction, and distribution of Open Source Software is subject to the terms of the applicable Public License.
2. Disclaimer of Warranty
OUR SOFTWARE, SERVICES AND DOCUMENTATION ARE PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, TITLE, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
PHOTOPRISM DOES NOT WARRANT THAT THE SOFTWARE, SERVICES OR DOCUMENTATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OR FOR ANY ACTS OR OMISSIONS OF ANY THIRD-PARTY SUPPLIERS, VENDORS OR SERVICE PROVIDERS.
3. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH OUR SOFTWARE, SERVICES OR DOCUMENTATION, INCLUDING WITHOUT LIMITATION, ORDINARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUCH AS LOSS OF DATA, LOSS OF OPPORTUNITY OR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL PHOTOPRISM BE LIABLE TO ANY THIRD-PARTY VENDOR, SUPPLIER, SERVICE PROVIDER, OR FOR ANY AMOUNT IN EXCESS OF THE TOTAL FEES PAID BY YOU TO PHOTOPRISM IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY FOR EVALUATION SOFTWARE IS 100 EUR.
4. Third-Party Products
You may choose to use or procure other third-party products, services, and/or professional services, including plug-ins, customization, hosting, and training, in connection with PhotoPrism's Software. PhotoPrism is not responsible for any acts or omissions of third parties, including third party access to or use of your data or performance of the Software in combination with any such third-party product or service.
5. Feedback, Contributions and Future Functionality
(a) Feedback. We welcome suggestions, enhancement requests or other feedback (collectively, "Feedback") from our users, customers, partners and the developer community. You may, in your sole discretion, provide Feedback relating to the Software, Services or Documentation.
(b) Use of Feedback. We may use your Feedback for any purpose without notice, restriction or compensation of any kind. You hereby grant PhotoPrism a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate any Feedback relating to the Software, Services or Documentation that is provided by you or your contractors or Affiliates.
(c) Contributor Agreement. After you submit your first pull request or other substantial contribution to our software or documentation projects, you will be asked to accept our Contributor License Agreement (CLA). It is for your protection as a contributor and for the protection of PhotoPrism and its users. It does not affect your rights to use your own contributions for other purposes.
(d) Future Functionality. You may request that new features, enhancements, or other changes be implemented in the Software, Services or Documentation. Our team will consider your requests, but is not obligated to implement such features, enhancements, or other changes requested by you.
6. Documentation and Digital Assets
(a) Documentation maintained in public repositories is available under the terms of the CC BY-NC-SA 4.0 License. Other terms may apply to Digital Assets — in particular illustrations, graphics, and videos — embedded in the documentation if they are licensed to us solely for direct distribution. When in doubt, please ask before distributing or using them for other works.
(b) We hereby grant you a non-exclusive, non-transferable right to use the Digital Assets in combination with the Software and Services, unless otherwise noted.
(c) Because some Digital Assets are licensed to us solely for direct distribution, we cannot redistribute them under a more permissive license for other purposes. If the author or copyright holder has not released them under a permissive license, you must obtain a license before using them in your own work, whether commercial or non-commercial in nature.
7. Trademark and Brand Assets
(a) PhotoPrism’s Brand Assets are proprietary assets owned exclusively by PhotoPrism. We reserve the right to object to any use or misuse in any jurisdiction worldwide. Visit photoprism.app/trademark to learn more.
(b) Contributors, licensees, business partners, and other third parties may never claim ownership of PhotoPrism's Brand Assets or brands confusingly similar to PhotoPrism's Brand Assets in any way, including, without limitation, as a trademark, service mark, company name or designation, domain name, social media profile/handle, or in any other manner.
(c) You may not include the PhotoPrism trademark in the name of your app, product, or service, whether commercial or non-commercial in nature. This includes online services such as e-commerce, community, blog, information, advertising, and personal home pages, as well as apps, app stores, client apps, or third-party apps that interact with PhotoPrism.
8. Hosting and Removal of Content
Self-hosting is the easiest way to stay in control and protect your privacy. Data that never leaves your private network cannot be seen or used by anyone, not us or anyone else. This section ONLY APPLIES TO DATA THAT YOU INTENTIONALLY DISCLOSE in order to provide it to others, communicate with them, or make it available with your consent, for example to test our PUBLIC DEMO. To avoid misunderstandings, please read these terms carefully.
(a) Property and Privacy Rights. Your content remains your property, which means that you retain all intellectual property rights in your content. You are responsible for your use of our Services and for all content you provide, share, sync, or upload, including compliance with applicable laws, rules, and regulations. You are only permitted to share another person's content if they have given you their permission. Please respect the rights and privacy of others as we respect them.
(b) Content Uploads. If you upload your content to any of our Services, such as our PUBLIC DEMO, which is accessible to anyone without a password ("PUBLIC DEMO"), or to a hosted Service that you have requested to prevent others from accessing your self-hosted server at home, you grant us (1) a worldwide, non-exclusive, royalty-free license to use (for example, host, display, or convert) your content for technical purposes, (2) to make your content publicly available if and to the extent you have made it visible to others, for example on our PUBLIC DEMO, (3) sublicense these rights to other users to enable the Services to function as intended, for example to enable you to share the content as intended including tests of our PUBLIC DEMO. This license will continue for as long as your content is protected by intellectual property rights, unless you remove your content from our Services before.
(c) Content Removal. If you remove your content from our Services, our systems will no longer make that content publicly available within a reasonable time unless you have already shared copies of your content with others before you removed it. If your content was publicly available, it is possible that search engines such as Google will continue to find your content and display it as part of their search results.
(d) Unlawful Content. We reserve the right to remove content that violates these Terms, such as copyright or trademark infringement or other forms of intellectual property appropriation, impersonation, unlawful conduct, or harassment.
9. Account and Communications
(a) Account. You may need to create an account to use some of our services. You are responsible for safeguarding your account. Please use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
10. Payments, Subscriptions and Memberships
(a) Authorization. By booking Professional Services, purchasing Software, and/or signing up for a recurring subscription or membership ("Subscription"), you certify that you are at least 18 years of age and have the legal authority to do so.
(b) Subscriptions. If you have signed up for a Subscription, you will be charged automatically unless you cancel during your free trial period and then at the beginning of each billing period until you cancel your Subscription. You may cancel at any time. No refund or credit for partial billing periods.
(c) Payment and Taxes. Purchases are invoiced in advance and the full amount is due and payable in accordance with the payment terms on the Order Form, if specified, or within 30 days from the date the invoice is sent. If you are a consumer, final prices are inclusive of VAT or GST where required by law. Prices for commercial users and products expressly exclude (and Customer is responsible for) all applicable sales, use, excise, customs, tariffs and other taxes that may be payable by Customer. All amounts payable are non-refundable and payable in the official currency of Germany (EUR). PhotoPrism may agree to accept US Dollar (USD) if Customer is based outside the EU and Switzerland.
(d) Future Functionality. You agree that payments are not conditioned on the delivery of future features, functionality, or on any oral or written public statements by us about future features or functionality.
(e) Complimentary Services. You agree that payments are not conditioned on the prior delivery of complimentary services, such as remote setup, onboarding, or customization.
(f) Price Changes. Prices are subject to change and may be adjusted to account for currency fluctuations, inflation, new features and enhancements. Changes will take effect at the next billing period. We intend to avoid unexpected changes and announce price adjustments in a timely manner. To account for income differences, some prices may vary by region. As an alternative to a recurring subscription and to avoid the risk of price changes, you are welcome to contact us for discounted multi-year payment options.
11. Proprietary Information
(a) When PhotoPrism provides Professional Services to Customer (the "Parties") for a fee, an agreement is hereby made between the Parties to maintain the confidentiality of trade secrets and confidential or proprietary information in accordance with these Terms. The party disclosing Proprietary Information (as defined below) is referred to as the "Disclosing Party"; the party receiving such Proprietary Information is referred to as the "Recipient". These Terms then apply to all Proprietary Information disclosed between the parties.
(b) The term "Proprietary Information" shall mean any trade secret or confidential or proprietary information designated as such in writing by the Disclosing Party, whether by letter or by the use of an appropriate proprietary stamp or legend, prior to or at the time such trade secret or confidential or proprietary information is disclosed by the Disclosing Party to the Recipient.
(c) The Recipient and its Representatives shall use the Proprietary Information of the Disclosing Party only for the purpose of negotiating, concluding, and conducting business transactions (together, the “Purposes”) and such Proprietary Information shall not be used for any other purpose without the prior written consent of the Disclosing Party, which may be given or withheld by the Disclosing Party in its sole and absolute discretion. The Recipient and its Representatives shall hold in confidence, and shall not disclose, any Proprietary Information of the Disclosing Party; provided, however, that (i) the Recipient may make any disclosure of such information to which the Disclosing Party gives its prior written consent; and (ii) any of the Proprietary Information may be disclosed by the Recipient to its Representatives or prospective investors, lenders or acquirors as part of their due diligence investigations who need to know such information in connection with the Purposes and who are bound by confidentiality obligations with respect to that Proprietary Information that are substantially similar to those set forth in these Terms. In any event, the Recipient agrees, at its sole expense, to use its best efforts to restrain its Representatives from prohibited or unauthorized disclosure or use of the Proprietary Information.
(d) In the event that the Recipient becomes legally compelled (such as by order of court, administrative agency, or other governmental body) to disclose any portion of the Disclosing Party’s Proprietary Information, only that portion of the Disclosing Party’s Proprietary Information that is legally required to be disclosed shall be disclosed.
(e) The Recipient shall, upon the written request of the Disclosing Party, return to the Disclosing Party all Proprietary Information received by the Recipient or its Representatives from the Disclosing Party (and all copies and reproductions thereof). In addition, the Recipient shall destroy any notes, reports, or other documents prepared by the Recipient which contain Proprietary Information of the Disclosing Party.
(f) As between the Parties, PhotoPrism will retain all ownership rights in and to its Software, Services, Documentation, and all derivative works thereof, however made, and all Intellectual Property Rights incorporated into or related to the foregoing. All rights not expressly licensed to Customer by PhotoPrism under a License Agreement or provided under a Public License are reserved. Customer hereby grants to PhotoPrism a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate any suggestions, enhancement requests, or other feedback related to the Software, Services, or Documentation that is provided by Customer or its contractors or Affiliates.
12. Final Provisions
(a) Waiver. In the event that you breach these Terms and we do not take any action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
(b) Applicable Law and Jurisdiction. These Terms and any action related thereto shall be governed by the laws of Germany to the exclusion of IPR (International Law) and the United Nations Convention on Contracts for the International Sale of Goods (CISG). All claims, legal proceedings or litigation arising in connection with our Software, Services, or Documentation will be brought solely in the courts located in Berlin (Germany), and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a consumer, we agree to submit to the non-exclusive jurisdiction of the courts in Berlin (Germany), which means that you may bring an action to enforce your consumer protection rights in connection with these Terms in Germany or in the EU country in which you live. The European Commission provides an online dispute resolution platform that you can access at https://ec.europa.eu/consumers/odr/. We prefer to resolve any issues in direct contact with you and therefore do not participate in alternative consumer dispute resolution procedures. If you wish to bring a matter to our attention, please contact us.
If you are a federal, state, or local government agency in the United States using our Software, Services, or Documentation in your official capacity and are legally unable to accept the above applicable law, jurisdiction or venue clauses, then these clauses do not apply to you. For such U.S. federal entities, these Terms and all related actions will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted by federal law, the laws of the State of Delaware (excluding choice of law).
(c) Severability. If a provision of these Terms is or becomes legally invalid or if there is any gap that needs to be filled, the validity of the remainder of these Terms shall not be affected thereby. Invalid provisions shall be replaced by common consent with such provisions which come as close as possible to the intended result of the invalid provision. In the event of gaps, such provisions shall come into force by common consent which comes as close as possible to the intended result of these Terms, should the matter have been considered in advance. Any changes of or amendments to these Terms must be in writing to become effective.