ÍøÆغÚÁÏ

ÍøÆغÚÁÏ Photos Terms of Use

This is an agreement between you and ÍøÆغÚÁÏ Media EU S.à.r.l. (with its affiliates, "ÍøÆغÚÁÏ", "we", or "us") regarding the ÍøÆغÚÁÏ Photos personalized services and associated software (including any legacy ÍøÆغÚÁÏ Drive applications) (the "Services"). Before using the Services, please read these Terms of Use, all rules and policies related to the Services (including any service plan specific rules, usage restrictions and other conditions or procedures that we post or update on or through the Services or on ÍøÆغÚÁÏ.co.uk), and the Conditions of Use & Sale (collectively, the "Agreement"). Please also see our Privacy Notice, our Cookies Notice and our Interest-Based Ads Notice located, none of which form part of this Agreement. If you use the Services, you will be bound by the Agreement.

1. The ÍøÆغÚÁÏ Photos Services

1.1 The Services. The Services provide storage, retrieval, management, and access features and functionality for your photos, videos, and other files ("Your Files"). The Services may provide auto-organization and album creation features and functionality, including features and functionality that allow you to sort and search your photos and videos by the people, objects, actions, and scenes in those photos and the metadata associated with those photos.

To enable these features and functionality, we use image recognition technology to analyze and apply tags to your photos and videos. Our tagging features consist of the “Tag Photos” and “Tag Specific People” features (together, “Tagging Features”). The “Tag Photos” feature tags your photos and videos with objects, actions, and scene-related keywords. If you are eligible to use our Tagging Features, by signing into the Services for the first time, notwithstanding anything to the contrary in our Privacy Notice, you are instructing us to enable Tagging Features and to provide you with that functionality (including by ensuring that the functionality is operating correctly, and providing troubleshooting support), unless you opt-out. The “Tag Specific People” feature allows you to tag and find specific people in your photos and videos. When “Tag Specific People” is enabled, you agree that the Services may collect, store, and use records of individual faces, including to group together photos and videos containing people with similar facial characteristics, organize and tag your photos and videos, and create albums for you. Certain Tagging Features are enabled automatically when you begin using the Services. You may enable or disable the Services' Tagging Features at any time through your account settings here.

We will only process data about the faces in the photos you store using the Services on instructions from you (including the instructions you give to us by accepting this Agreement) and in the manner as we are permitted under applicable laws and regulations. We take appropriate technical and organizational measures to ensure the security and confidentiality of your data in accordance with our obligations under applicable laws and regulations, including by storing the data about the faces in your photos separately from other data that we may process about Your Files and your account (other than as required to allow you search your photos efficiently). We do not use any other data processers to process this data.

We retain image recognition data, relating to the photos and videos you store using the Services only until you disable the applicable Tagging Feature, or your account's access to the Services is terminated. If you disable a Tagging Feature, we will stop storing tags for you, and we will not tag any new photos or videos uploaded to your account. Tagging Features may not be available for customers in certain locations. You can learn about the Tagging Features in our help content available here. By using the Services, you are directing us to store, manage, organize, and provide access to Your Files on your behalf.

The Services may also allow you to enable a Family Vault feature for a limited number of family and friends that you invite. Each member of the Family Vault will have access to the Services and the ability to contribute content to an archive accessible by all members of the Family Vault. The Family Vault and Tagging Features may not be available to all customers.

When you create a Family Vault, only you will control whether Tagging Features are enabled in the Family Vault. If Tagging Features are enabled in your Family Vault, you understand that image recognition analysis will be performed on all of the photos and videos stored by members of the Family Vault. If you are invited to participate in a user’s Family Vault, the user who invited you will control whether Tagging Features are enabled for the Family Vault. If Tagging Features are enabled for the Family Vault, image recognition analysis will be performed on the photos and videos you store through the Services. It is your decision whether or not to enable the Tagging Features of the Services, whether to accept an invitation to a Family Vault that has Tagging Features enabled, and which photos and videos you choose to upload to our Services.

Notwithstanding anything to the contrary in our Privacy Notice, by using the Services, you are instructing us to store, manage, organise, and provide access to Your Files on your behalf. You agree to use the Tagging Features responsibly and in compliance with law, including with respect to content that may include images of other people, and you are responsible for any photos and videos that you upload to a Family Vault. If you are unsure whether anyone in your photos would agree to the use of image recognition on photos of them, you should obtain their consent.

1.2 Using and Controlling Your Files with the Services. You may use the Services only to store, retrieve, manage, organise, and access Your Files for personal, non-commercial purposes using the features and functionality we make available. You may not use the Services to store, transfer, or distribute illegal content or content of or on behalf of third parties, to operate your own file storage application or service, to operate a photography business or other commercial service, or to resell any part of the Services. You have full control over Your Files and you are solely responsible for them, including for complying with all applicable privacy, copyright, import and export control laws and regulations and other laws, and with the terms of any licenses or agreements to which you are bound. You must ensure that Your Files have been lawfully acquired and are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.

1.3 Sharing Your Files. The Services may provide features that allow you to share Your Files with others, including through a Family Vault. Each member of a Family Vault will be able to share Your Files that you choose to contribute to the Family Vault with others, including individuals that are not members of the Family Vault. By placing Your Files in a Family Vault, you agree to allow such sharing. You may only share Your Files in which you have all necessary copyright and other rights. If you share a file, anyone with access to that file may view,download or print copies of the file. You are solely responsible for how you share Your Files and who may access Your Files that you share. You may not share files, whether in electronic or tangible print form, (a) that contain defamatory, threatening, abusive, pornographic, or otherwise objectionable material, (b) that advocate bigotry, hatred, or illegal discrimination, or (c) if sharing those files violates any law, any intellectual property, publicity, privacy, or other right of others, or any license or other agreement by which you are bound.

1.4 Third Party Services. The Services may allow you to give third party websites, apps, and services ("Third Party Services") access to Your Files, including the ability to make copies of Your Files, modify, or delete Your Files, or create new files on your behalf. The use and storage of Your Files by Third Party Services will be governed by their privacy policies and terms. ÍøÆغÚÁÏ has no responsibility or liability with respect to your use of Third Party Services or the content, functionality, or acts of Third Party Services you use. You may manage and revoke access for Third Party Services through the settings menu in your account.

1.5 Personalization. We personalize features as part of the Services provided under this Agreement, including by showing you recommendations to help you discover features, products and other services, which might be of interest to you. We also endeavor to continuously improve the ÍøÆغÚÁÏ devices and services we offer and your experience with them.

2. Service Plans

2.1 Service Plans; Trial Plans. The Services may offer plans with different storage limits and fees (each a "Service Plan"). If you sign up through us and are billed by us, then the billing terms described below in this Section 2 will apply to your Service Plan. If you signed up through a third party and are not billed directly by us, then the billing terms provided by the third party will apply to you. We may also offer trial or promotional Service Plans ("Trial Plans"). Some Trial Plans automatically convert to a paid Service Plan at its regular price at the end of the trial or promotional period, unless you choose not to upgrade. Where you sign up for a Trial Plan that automatically converts and you do not cancel it before the end of the trial period, you authorise us to collect the then-applicable Service Plan fees including any taxes, using any payment card we have on record for you. Trial Plans are subject to the Agreement except as otherwise stated in the applicable offer, and may be subject to additional terms described in the offer.

2.2 Service Plan Fees; Refunds. The price stated for each Service Plan may be inclusive of VAT if applicable. If you choose to cancel your Service Plan within the first 14 days of your Service Plan, we will reimburse you any payment you have made in relation to the term of that Service Plan. After 14 days, unless you violate the terms of the Agreement, you may receive a pro-rated refund if you chose to cancel your plan prior to its expiration based on the number of full days remaining in your Service Plan. If you upgrade your Service Plan, unless otherwise specified at the time of your upgrade, the upgrade will take effect immediately, we will provide you a pro-rated refund of the fee paid for your prior Service Plan based on the number of full days remaining in your prior Service Plan, we will charge you the applicable fee for your new Service Plan, and your new Service Plan term will begin at the time of your payment. If you downgrade your Service Plan, unless otherwise specified at the time of your downgrade, the downgrade will take effect immediately, we will provide you a pro-rated refund of the fee paid for your prior Service Plan based on the number of full days remaining in your prior Service Plan, we will charge you the applicable fee for your new Service Plan, and your new Service Plan term will begin at the time of your payment.

If you no longer have a Service Plan or you exceed your Service Plan's storage limit, including by downgrading or not renewing your Service Plan or no longer qualifying for an Additional Benefit, we will provide you with information about how you may upgrade your Service Plan to make sure that you are within your Service Plan’s storage limit, We may delete or restrict access to Your Files upon notice to you if your storage exceeds your Service Plan's storage limits. For more information on what may happen to Your Files, see our help content here.

2.3 Automatic Renewal. Unless you notify us before renewal that you want to cancel or you set your Services account to not auto renew, your paid Service Plan will automatically renew at the end of its term, and you authorise us to collect the then-applicable fee (including any taxes) for the renewal plan, using any payment method we have on record for you. We will send you a reminder at least 30 days before the renewal date. Service Plan fees and features may change over time. Our reminder to you will set out the fees for your Service Plan that will apply following the renewal, as well as other key information about your Service Plan. Your renewal plan will be the one we choose as being closest to your Service Plan. You may cancel the auto renewal of your Service Plan by visiting ÍøÆغÚÁÏ Photos Settings and adjusting your subscription settings.

2.4 Additional Services Benefits. We may offer additional Services benefits, such as incremental storage capacity or free storage of certain file types, including in connection with other products and services such as ÍøÆغÚÁÏ Prime ("Additional Benefits"). Additional Benefits are separate from any Service Plan and are subject to any additional terms and conditions provided with the Additional Benefits or the applicable product or service.

3. Use of the Services

3.1 Use of Your ÍøÆغÚÁÏ.co.uk Account. You may only use the Services in connection with one ÍøÆغÚÁÏ.co.uk account. You may not share your ÍøÆغÚÁÏ.co.uk username and password with others or use anyone else's ÍøÆغÚÁÏ.co.uk username and password. You are responsible for maintaining appropriate security and protection of Your Files.

3.2 Usage Restrictions; Storage Limits. The Services are offered in the United Kingdom. We may restrict access from other locations. There may be limits on the types of content you can store and share using the Services, such as file types we don't support, and on the number or type of devices you can use to access the Services. We may impose other restrictions on use of the Services, including by limiting your account functionality.

3.3 Our Use of Your Files to Provide the Services. You understand that we may use, access, and retain Your Files in order to provide the Services to you, enforce the terms of the Agreement and improve our services including for example, copying Your Files, modifying Your Files to enable access in different formats, using information about Your Files to organise them on your behalf, and accessing Your Files to provide technical support. ÍøÆغÚÁÏ respects your privacy and you should review the ÍøÆغÚÁÏ.co.uk Privacy Notice.

4. Software

4.1 Use of the Software. We may make available to you software for your use in connection with the Services (the "Software"). Terms contained in the ÍøÆغÚÁÏ.co.uk Conditions of Use apply to your use of the Software. For additional terms that apply to certain third party software click here or see the Legal, Third Party Licences or similar settings in the Settings menu of the Software.

5. Changes; Discontinuation; Suspension and Termination

5.1 Changes. We may change the Services, or any part of it, at any time: for legal or regulatory reasons; for security reasons; to enhance features of the Services; to reflect advancements in technology; to make reasonable technical adjustments to the Services; and to ensure the ongoing operability of the Services. We will inform you a reasonable period in advance of any material changes becoming effective. You will be entitled not to accept such changes and to terminate your Service Plan within a reasonable timeframe. If you choose to terminate in these circumstances, we will give you a prorated refund of any fees paid for your then current Service Plan based on the number of full days remaining in such Service Plan. If you signed up through a third party, you may need to contact the third party to receive a refund, if any, under its policies. The provisions of this Clause 5.1 shall prevail over condition 15 of the ÍøÆغÚÁÏ.co.uk Conditions of Use to the extent of any conflict or inconsistency between the two terms.

5.2 Discontinuation of the Services. We may discontinue the Services or any part of them at any time: for legal or regulatory reasons or security reasons. In the unlikely event that we do choose to discontinue the Services, we will need to terminate your Service Plan. We will inform you a reasonable period in advance of such discontinuation and termination to enable you to retrieve Your Files and we will give you a prorated refund of any fees paid for your then current Service Plan based on the number of full days remaining in such Service Plan.

5.3 Suspension and Termination. We may terminate the Agreement or restrict, suspend or terminate your use of the Services at any time, if we determine that your use materially or seriously violates the Agreement or otherwise involves fraud or misuse of the Services or harms our interests or those of another user of the Services. We will inform you of any decision to restrict, suspend or terminate the Service Plan, to the extent that we are legally permitted to do so, and you may challenge the decision through our Customer Services. If your Service Plan is restricted, suspended or terminated as a result of your violation of the Agreement, fraud or misuse of the Services, you may be unable to access Your Files, you will not receive any refund of fees or any other compensation, and Your Files may be deleted in accordance with our file retention policies available here. You may terminate the Agreement if we breach the terms of this Agreement, and if you do so you will receive a prorated refund of any fees paid for your then current Service Plan based on the number of full days remaining in such Service Plan.

6. General

6.1 No Waiver. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.

6.2 Severability. If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

6.3 Contact Information; Copyright Notices. For communications concerning the Agreement, please contact ÍøÆغÚÁÏ at ÍøÆغÚÁÏ Media EU Sarl, 38 avenue John F. Kennedy, L-1855 Luxembourg. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the ÍøÆغÚÁÏ.co.uk Conditions of Use & Sale.

6.4 Disputes. Any dispute or claim arising from or relating to the Agreement or the Services is subject to the governing law, disclaimer of warranties and limitation of liability and all other terms in the ÍøÆغÚÁÏ.co.uk Conditions of Use. You agree to those terms by entering into the Agreement or using the Services.

6.5 Exclusions of Liability. ÍøÆغÚÁÏ will exercise reasonable care and skill in providing the Services to you and, unless otherwise excluded below, we will not limit our liability to you in respect of losses you incur that arise as a direct result of our failure to do so. Without limiting the disclaimer of warranties and limitation of liability in the ÍøÆغÚÁÏ.co.uk Conditions of Use, ÍøÆغÚÁÏ will not be liable for (a) losses that were not reasonably foreseeable to you and ÍøÆغÚÁÏ at the time when you begin using the Services, (b) losses that did not arise from any breach or default on ÍøÆغÚÁÏ's part, or (c) any business losses, or other losses that arise from any non-consumer use of the Services or Software, or your use of the Services or Software in a way that is prohibited by this Agreement. For losses that are not excluded by this clause, ÍøÆغÚÁÏ's liability to you for compensation (including any statutory right to obtain a refund) will be limited to the amount you paid (if any) for your then current Service Plan. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud.