Terms and Conditions

§ 1 Scope

These Terms and Conditions ("T&C") govern the use of the PICOFTHEDAY online platform (hereinafter "Platform"), operated by PICOFTHEDAY UG (Testort) (hereinafter "Operator"), and regulate the legal relationship between the Operator and (a) photographers who use the Platform to market their images, and (b) customers who purchase photos via the Platform.

§ 2 Service Description

PICOFTHEDAY operates a platform where photographers can upload professional photos and offer them for sale. Customers can find photos using AI-powered facial recognition and purchase digital downloads. Purchases are made on a one-time basis; no subscriptions or licences for commercial use are sold unless separately agreed.

§ 3 Photographers — Registration & Obligations

3.1 Photographers must register and provide truthful information.

3.2 Photographers warrant that they hold all necessary rights to the uploaded images (copyright, rights of the persons depicted, etc.).

3.3 Facial recognition & GDPR: Photographers who activate the facial recognition feature are solely responsible for informing the persons depicted about the processing of biometric data and for obtaining their explicit consent pursuant to Art. 9(2)(a) GDPR. This may be done, for example, verbally at the shoot location, by posted notice, or through written consent forms. The Platform Operator accepts no liability for photographers' violations of data protection requirements.

3.4 Photographers may create their own price tables (tiered pricing). All prices must comply with the minimum price per image set by the Platform Operator.

§ 4 Purchase of Photos

4.1 By clicking "Pay now", the customer submits a binding offer to purchase. The purchase contract is concluded when payment has been successfully processed.

4.2 After successful payment, the customer receives download links for the purchased original photos. These links are valid for 14 days and limited to a maximum of 5 downloads per image.

4.3 Right of withdrawal: The right of withdrawal for digital content expires pursuant to Sec. 356(5) of the German Civil Code (BGB) once execution has commenced and the buyer has explicitly consented and acknowledged that they thereby lose their right of withdrawal. By submitting the order, the buyer declares their agreement to the immediate commencement of service delivery.

4.4 The purchase grants the customer all usage rights to the downloaded photos for private and commercial purposes (simple, non-exclusive licence). Excluded are the resale of the photos as a standalone product and the assignment or sublicensing to third parties without the photographer's consent. Copyright remains with the photographer.

§ 4a Print-on-Demand Products

4a.1 In addition to digital downloads, customers may optionally order selected photos as physical print products (e.g. photo print, mug, poster). Production and shipping are handled by the third-party provider Printful Inc. (together with its subsidiaries). The Platform Operator acts as an intermediary between the customer and the print service provider.

4a.2 The price of a print product consists of: (1) the production cost of the third-party provider, (2) a platform commission, and (3) a photographer share. The individual amounts are displayed transparently during the order process.

4a.3 A valid delivery address is required for print products. Delivery times vary depending on the product and country of delivery. Delivery times are estimates and may deviate due to the third-party provider's production capacity.

4a.4 Right of withdrawal for print products: Print products are manufactured individually to order (custom manufacture pursuant to Sec. 312g(2)(1) of the German Civil Code (BGB)). The right of withdrawal is therefore excluded to the extent that the goods are manufactured to customer specifications. This does not apply in the case of product defects — statutory warranty rights apply in such cases.

4a.5 Complaints regarding print quality or shipping damage must be reported to the Operator within 14 days of receipt of the goods. The Operator will forward justified complaints to the print service provider.

4a.6 The high-resolution original file of the photo is used for the production of print products. By ordering a print product, the customer confirms that they are entitled to use the photo for this purpose (through prior purchase of the digital product or other authorisation).

§ 5 Commission & Payouts

5.1 The Operator charges a commission on each sale brokered via the Platform. The currently applicable commission rate can be viewed in the photographer dashboard under "My Prices".

5.2 Payouts to photographers are made monthly, provided the amount to be paid out exceeds a minimum threshold of €10. A valid IBAN is required for payouts.

§ 6 Limitation of Liability

The Operator is not liable for the legality of content uploaded by photographers. Photographers are solely responsible for any potential infringement of copyright, rights of personality, or data protection requirements (in particular GDPR). Upon becoming aware of legal violations, the relevant content will be removed immediately.

§ 7 Final Provisions

The law of the Federal Republic of Germany applies. Place of jurisdiction for disputes with merchants is Testort. Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall not be affected.

Commercial register: Amtsgericht Test, HRB123456 · VAT ID: DE1234567