Allgemeine Geschäftsbedingungen

Last updated: September 2026

§ 1 Scope

These General Terms and Conditions (GTC) apply to the use of the platform photo-hosting.com, operated by giant Computer Systems, owner Marc Breuer, Am Altengraben 23, 90768 Fürth, Germany ("Provider"), by registered users ("Customers"). Any conflicting terms of the Customer are hereby rejected.

§ 2 Services

The Provider offers a software-as-a-service solution for uploading, sharing, approving (proofing) and delivering image and video files. Photographers can provide their clients with galleries for viewing, selection and download. The specific range of features and storage depends on the chosen plan. The Provider continuously develops the service and endeavours to ensure high availability, but does not owe any particular level of availability unless expressly agreed.

§ 3 Conclusion of contract & trial period

The contract is concluded upon completion of registration or upon booking a paid plan. Free trial periods end automatically upon expiry of the stated period; without an active paid subscription, the Free plan applies with its designated range of features and storage.

§ 4 Prices & payment

Paid subscriptions are billed in advance, either monthly or annually; a discount may be granted for annual payment. Payment is made by credit card or SEPA direct debit via the payment service provider Stripe or – where offered – by bank transfer. All prices are exclusive of the applicable statutory VAT. If the Customer defaults on payment, the Provider is entitled to restrict or suspend access after a reasonable grace period.

§ 5 Term & termination

Subscriptions are concluded for the chosen term (monthly or annually) and may be terminated at the end of the current period in each case. After effective termination, access remains available until the end of the period already paid for. The right to extraordinary termination for good cause remains unaffected.

§ 6 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal. At the Customer's request, provision of the service (supply of the digital service) begins before the withdrawal period expires; by expressly consenting to this and acknowledging that the right of withdrawal thereby lapses upon complete performance of the contract, the Customer waives the right of withdrawal to that extent in accordance with the statutory provisions.

§ 7 Customer obligations

Customers warrant that they hold the necessary rights to the uploaded content and will not store or distribute any unlawful content. Where persons are recognisable in uploaded media, Customers are responsible for obtaining the necessary consents. Access credentials must be kept confidential. The Provider is entitled to remove manifestly unlawful content upon becoming aware of it.

§ 8 Print sales & settlement by self-billing

(1) Customers may offer prints and wall art for sale to the guests of their galleries. The seller towards the guests is the Provider: it concludes the purchase contract in its own name, collects the purchase price, commissions the professional lab and issues the invoice to the guests. The Provider's terms of sale apply to the guests.

(2) For every paid order, Customers are entitled to a share: the net sales price less lab and shipping costs, payment costs and the commission of the selected plan. The share is fixed at the time of the order and shown in the customer area. If an order is cancelled, refunded or charged back, the share lapses in whole or in part; if a chargeback is decided in the Provider's favour, it is restored.

(3) The Provider settles the share monthly for the previous month by self-billing (credit note pursuant to Section 14 (2) sentence 2 of the German VAT Act, UStG). Customers agree that the Provider issues a credit note for their service; they do not issue their own invoice for it. The credit note is sent by email and made available in the customer area. If the Customer objects to a credit note, it loses its effect as an invoice; settlement is then made against an invoice issued by the Customer.

(4) The credit note shows VAT if the Customer is subject to standard taxation in Germany. For small businesses (Section 19 UStG) no VAT is shown. For Customers established in another EU member state or in a third country, the credit note is issued without VAT and the Provider as recipient owes the tax (reverse charge, Section 13b UStG). Customers must state their VAT status, their tax number or VAT ID and their billing address completely and correctly and notify changes without delay; they are liable for disadvantages resulting from incorrect information. Without this information no settlement is made and the balance remains.

(5) The credit note amount is first offset against due, open claims of the Provider against the Customer under this contract, in particular open invoices for the plan (oldest first). Any remaining amount is transferred to the bank account on file. Settlement is made from the minimum amount stated in the customer area; smaller balances are carried forward. Without bank details on file no transfer is made.

§ 9 Liability

The Provider is liable without limitation in cases of intent and gross negligence and for damage arising from injury to life, body or health. In cases of slight negligence, the Provider is liable only for breach of material contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for the contract. Customers are responsible for backing up their own original files; the service does not replace a data backup.

§ 10 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.