You, Us. You means the account holder as defined bellow. Us means Sitepics
Account holder. The account holder is defined as the company under which the account is created, and as administered by one or more company representatives and as used by one more direct staff and or contractors.
App. Mobile device software
Billing cycle. The period of time after which billing reoccurs being monthly, quarterly or yearly.
Financial period. The period for which the Account holder has paid for use of the service as defined by the account being paid ($0) balance and the length of billing cycle.
ULA. User Licensing Agreement.
Service / Product. The Sitepics service is defined as the provision of a software system including data hosting, mobile device apps, Web interface and other such data systems including API’s and as used for the collection, sharing and messaging of work related images and videos.
Web UI. Software interface accessible by internet browser such as chrome, Firefox or Internet Explorer.
This agreement is between Sitepics and the Account holder. This agreement covers the usage of the service by the account holder and its users, including staff and contractors and any such person as invited to contribute to, view images from, or administer the account.
Account holder rights
The account holder is granted rights under this ULA to use the “Service” for the purpose of taking, uploading, sharing and collaborating on images and videos.
As a freemium business model, with no advertising component, Sitepics collects the minimum amount of information required to enable you to manage your Sitepics account and for us to engage with the account holder as a business entity. We may engage with you via the Sitepics sevice, via email or phone and via support tickets as hosted by Zoho Desk. You may engage with us via the same channels. Irrespective, we agree not to disclose or sell your personal or business information to 3rd parties for any purpose other than the delivery of the Sitepics service. Sitepics uses best of breed 3rd party vendors for user authentication (Auth0) and image back end storage (Cloudinary) and Zoho (support tickets). Links to these companies privacy policies are listed bellow. Otherwise your information is collected and used as follows:
Information collected includes First name, last name and email address. This information will be used to invite users to join company accounts, reset passwords, send welcome and other emails on joining the service or on change of account, for authentication to the service and for recording and searching whom took what photo.
Information collected includes company name, company ID, account contact name and email and industry type. Company and contact details are used to structure your sitepics account, and where upgraded to a paid subscription, to bill and invoice you. Industry type data may be used internally by Sitepics to calculate where to spend advertising dollars based on the outcome of prior targeted advertising by us. Again this information shall never be shared to 3rd party advertisers it is for our own internal purposes only.
Sitepics collects GPS location data only as associated with images explicitly saved by users. No other GPS data is logged or stored. GPS Data, Site address information, picture notes and comments are encrypted on Sitepics servers.
3rd party systems
You may contact us at any time for a copy of the personal or business information collected.
The account holder owns photos taken by the Sitepics app or loaded to their account, either via app or Web UI where those photos are;
- Taken by the account holders staff or contractors using the app
- Taken by the account holders staff or contractors on a camera phone, or camera and then uploaded to the service.
It is the account holder’s responsibility via its users and agents to ensure it has ownership rights over the photo rights to an image before they upload it. Furthermore it is the account holders responsibility to ensure it has the permission of site owners, or site operators to take, upload, share and store photos.
Sitepics reserves the right to remove any images in breach of copy-write, privacy or intellectual property laws within the country the account holder and/or Sitepics operates.
Furthermore Sitepics may remove pictures where it is proven that the account holder, its staff contractors or agents failed to obtain permission to upload a photo or video.
Unacceptable material policy
Sitepics reserves the right to remove photos, that breach a 3rd parties copy right, or intellectual property rights.
Sitepics does not disclose photos, images of video to 3rd parties, unless forced to do so by the Law’s of the countries in which it or its account holders operate.
The platform may not be used for the uploading, distribution of transmission of illegal material, pornography, violence, messages of hate.
Sitepics reserves the right to conduct random photo audits for the purpose of detecting unlawful material.
If in breach of the Unacceptable material policy within this Agreement, Sitepics reserves the right to terminate your account.
Sitepics provides the ability to message both images and text to user on-platform and off-platform. Off-platform messages are sent on individual users behalf via Sitepics email service.
Users must only send email messages using the service to a) people they know directly or have actual association with. Users may not send unsolicited messages including marketing.
Where unsolicited email messaging has been alerted to us Sitepics reserves the right to a) block off platform messaging for any individual user or company account c) cancel any individual users account and d) cancel that users company account based on repeated unsolicited messaging.
Depending on the account holder’s chosen preference, the service is billed on the chosen billing period being monthly, quarterly or yearly in advance. The service is billed ongoing thereafter on the billing cycle until cancelled by the account holder.
After successful payment, the account holder is granted rights to use the service in accordance with the terms of this agreement for the financial period.
Whilst our aim is to make the service as affordable as possible, from time to time business operating cost pressures or inflation may necessitate an adjustment to the service fee. We will not increase the service price however without notice to the account holder with a minimum 28 days written notice prior to billing renewal.
Termination of service.
Termination of service by you
The account holder may cancel the service at any given time during the financial period, Sitepics will refund the unused portion of the financial period.
To cancel the Account holder must advise Sitepics in writing with 7 days and download your data, and then delete* the account. Account termination must be from an authorised account administrator on company email. Fill out the support form on our support page and we will return you with our current cancellation email. (Not publicly published to avoid spam)
The refund is calculated by taking the number remaining on the financial period, multiplied by the daily rate of the chosen service plan. The number of days remaining, being the quantity of days between the account deletion date and the end of the pre-paid billing period.
Termination of service by us
If the account becomes un-financial, or the account holder has breached any of the usage terms of this agreement, the account will first be disabled so as to not permit the uploading, sharing, viewing or editing of images and videos. The account administrators will still be able to log in and download all photos, bar those that may have been removed in accordance with our unacceptable material policy. This access will be maintained for a period of minimum 28 days.
Exclusion of damages
Subject to any Implied Term, Sitepics, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including lost of revenues or profits or loss of business) arising in connection with these Terms, the Product, any software for the Product or any support services for the Product, whether based on contract, tort, statute, or any other legal theory.
Limitation of liability and remedies
To the extent that the applicable jurisdiction limits Sitepics ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.
You will indemnify Sitepics, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Product, including but not limited to, any modification by you of the Product which causes the Product to infringe the intellectual property rights of a third party.
Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the state of Victoria, Australia.