Terms of Use

1. Agreement to Terms

By accessing or using Photosgraph ("the Service"), operated by Photosgraph PBC ("we," "us," or "our"), you agree to be bound by these Terms of Use and our Privacy Policy. Together, these documents form the complete agreement between you and Photosgraph PBC regarding your use of the Service. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years of age to use the Service. By using Photosgraph, you represent that you meet this requirement.

If you are between 16 and 18 years of age, you represent that your parent or legal guardian has reviewed these Terms and consents to your use of the Service. We reserve the right to require verification of parental consent.

Users under 16 are strictly prohibited from creating accounts. If we learn that a user is under 16, we will terminate their account and delete their data promptly.

Photos of minors in group albums. Photos may depict minors (individuals currently under 16) within private group albums, provided the uploader reasonably believes that the parents or guardians of the depicted minors would expect the photos to be shared among the group's members. For example, a family reunion album, church event album, or school event album may include photos in which children appear.

Restrictions on photos depicting minors:

• Minors cannot be tagged. No identity record is created for any minor on Photosgraph.
• Photos containing a named minor can never be made public. They remain visible only to members of the group album.
• At least one parent or guardian of any depicted minor should be a member of the album, so they can see and manage photos their child appears in.
• Photosgraph does not collect any personal information from minors. All uploads are performed by adult members.

For clarity: a photo taken when a person was under 16 may be uploaded and tagged normally if that person is currently 16 or older.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized access.

When creating your account, you must provide accurate information, including a display name that includes your real name. Impersonation of another person is prohibited.

We reserve the right to suspend or terminate accounts that violate these Terms, are fraudulent, or are inactive for an extended period, with reasonable notice where practicable.

4. How Photosgraph Works

Photosgraph is a consent-based photo sharing platform organized around albums. There are two types:

Group albums are private collections created by users for a specific group or event (e.g., a family reunion, a class trip). Every photo uploaded to a group album is immediately visible to all group members, whether or not anyone has been tagged yet. When someone is tagged in a group album photo, they are automatically added as a member. Any member who appears in a photo can remove that photo from the album at any time.

Open albums are public collections managed by Photosgraph, organized around places, events, or themes (e.g., "Austin, Texas" or "Graduation Day"). Only photos where every tagged person has approved for public visibility can be added to an open album.

Profiles are visible to logged-in members. Your profile displays your name, profile photo, connections, relationships, and any photos you have approved for public visibility. No group-only photos appear on your profile. Profiles are not accessible to non-logged-in visitors.

The core workflow is:

1. A user creates or joins a group album.
2. The user uploads photos to the group album. Photos are immediately visible to all group members.
3. The uploader tags or names recognizable people in the photos. Tagged people are automatically added as members and notified. Non-members who are named receive an invitation to join. Tagging can happen at any time — it is not required before the photo is visible in the group.
Album organizers may invite anyone related to the album at any time — they do not need to tag a person first. Other album members may invite people they have tagged in photos.
4. The photo stays within the group unless each tagged person chooses to approve it for public visibility using the public toggle on the photo page. Public approval requires that all identifiable people are tagged first.
5. When every tagged person has approved for public, the photo can be added to open albums where anyone can see it.
6. Any tagged person may revoke their approval at any time, which removes the photo from all albums.

Photosgraph does not make publication decisions. The visibility of a photo is determined by the album context and the approval decisions of tagged individuals.

4a. Uploader Responsibilities & Community Commitments

When you create your account, you agree to Photosgraph's Community Commitments, which govern everything you do on the platform. These include a photo certification (you will only upload photos you took or have permission to share, your photos will not violate anyone's privacy, will not be AI-generated, and photos of minors may only appear in group albums where parents would reasonably expect them to be shared), an album organizer certification (your albums will describe real groups or events and you will only invite people who genuinely belong), and a community conduct commitment (you will treat other members with respect and will not use Photosgraph to harass, stalk, or monitor anyone).

These commitments are agreed to once at registration and apply to all activity on the platform. Reminders appear when you upload photos and create albums, but you are not asked to re-certify each time.

Album organizers may also tag or name people in photos within their albums, subject to the same accuracy and completeness requirements.

By using the Service, you represent and warrant that:

— Every reasonably identifiable person depicted in photos you upload is either (a) tagged using the Photosgraph tagging system, (b) identified as a named non-member, or (c) not reasonably identifiable in the image. Tagging may happen at any time after upload — it is not required before a photo is visible in a group album — but all identifiable people should be tagged or named promptly.
— You have no reason to believe that any identifiable person depicted would object to the photo being shared in the context of the album.
— You will only share photos within groups where the people depicted — or in the case of minors, their parents or guardians — would reasonably expect the photos to be shared among the group's members.
— The photo was captured by a camera or scanning device and is not AI-generated, AI-composited, or synthetically created. Minor adjustments such as cropping, red-eye correction, exposure adjustment, and color correction are permitted. AI-assisted restoration of damaged photos is permitted, provided it does not alter who or what is depicted.
— You believe in good faith that sharing the photo does not violate anyone's rights.
— The photo does not contain content that violates Section 7 (Prohibited Content) of these Terms.

Many photos shared on Photosgraph may be historical or personal in nature, and the original photographer may be unknown. Uploaders are not required to be the copyright holder, but must believe in good faith that sharing the photo does not infringe any third party's rights. Photosgraph complies with the DMCA and will respond to valid takedown requests.

4b. What "Reasonably Identifiable" Means

A person is "reasonably identifiable" if an ordinary viewer could identify them from the photo, whether by their face, distinctive clothing, name tag, physical characteristics, context, or any combination of these factors. When in doubt, tag, name, or obscure.

4c. Photo Storage & Visibility

When you upload a photo, it goes to your personal "Unsorted Photos" area (visible only to you) unless you upload it directly into a group album. From Unsorted, you can add photos to group albums or open albums. Photos in group albums are visible to all group members immediately upon upload.

Photos become publicly visible only when every tagged person has approved for public visibility, which requires that all identifiable people are tagged first. Public photos may be added to open albums. If any tagged person revokes their public approval, the photo is automatically removed from all open albums.

4d. Group Albums, Public Approval & Revocation

In a group album, photos are visible to all members without individual approval. Being a member of the group is the consent. Any member who appears in a photo may:

— Remove the photo from the group album at any time
— Leave the group, which removes all photos of them from that album
— Revoke entirely, which removes the photo from all albums across the platform

For public visibility, each tagged person controls a toggle on the photo page. A photo can only become publicly visible when every tagged person has turned their public toggle on.

— Toggle on: You approve this photo for public visibility
— Toggle off: You restrict this photo to group members only

The uploader may also toggle public visibility off, which immediately unpublishes the photo regardless of others' approvals.

Revocation is a stronger action than toggling off. Any tagged person may revoke at any time, for any reason, with no obligation to explain. Revocation removes the photo from all albums (group and open) and cannot be undone. The photo remains in the uploader's account in an unshared state and cannot be re-shared to any album.

4e. Metadata

Tagged users may contribute metadata to approved photos, including dates, places, and annotations. By contributing metadata, you represent that the information is accurate to the best of your knowledge. Metadata contributors may edit or remove their own contributions at any time.

4f. Untagged Persons

If you appear in a photo on Photosgraph and were not tagged, you may contact us to request tagging (so that you can exercise approval/revocation rights) or removal of the photo. We will acknowledge such requests within 48 hours and resolve them within 10 business days. For photos that are publicly visible, we will remove public visibility within 48 hours pending resolution.

4g. Deceased Persons

Photosgraph's consent model requires approval from every depicted person. When a depicted person is deceased, the following rules apply:

Tagging a deceased person: When naming a non-member who is deceased, the uploader must indicate the "Deceased" status and affirm in good faith that they believe the depicted person or their family would not object to the photo being shared. The uploader serves as the approver for the deceased person's visibility in that photo. Deceased named persons do not block publication of the photo.

Legacy contacts: Members may designate another Photosgraph member as a legacy contact in their account settings. If a member's account is memorialized, the legacy contact assumes approval authority over all photos depicting the deceased member — including the ability to approve, revoke, or maintain existing approvals.

When no legacy contact exists: If a deceased member did not designate a legacy contact, approval authority for their tags passes to the uploader of each respective photo. Photos remain in their current visibility state (public stays public, non-public stays non-public) and cannot be changed without a verified family request.

Family rights: Any person with a legitimate familial relationship to a deceased person depicted on Photosgraph may request review, changes to, or removal of photos depicting their family member by contacting privacy@photosgraph.com. Photosgraph reserves the right to request documentation of the familial relationship before acting on such requests.

Memorialization: Photosgraph reserves the right to memorialize accounts of deceased members and to restrict changes to photos of deceased persons to verified family members or designated legacy contacts.

4h. AI-Generated and Synthetic Content

Photosgraph prohibits the upload of AI-generated, AI-composited, or synthetically created images. Photos must depict real moments captured by a physical camera or digitized from physical prints or negatives.

Permitted: Minor adjustments such as cropping, red-eye correction, exposure adjustment, and color correction. AI-assisted restoration of damaged photos — such as filling scratches, repairing water damage, or correcting fading — is permitted provided the restoration does not alter who or what is depicted.

Prohibited: AI-based enhancement, face swapping, scene generation, deepfake creation, or any manipulation that alters the identity of depicted persons or fabricates scenes that did not occur.

Violation may result in removal of content and suspension or termination of the uploading account. Users may report suspected AI-generated content through the flag mechanism on any photo page or through our standalone reporting page.

5. Your Content

You retain full ownership of any photos and content you upload to photosgraph. We claim no ownership interest in your content.

By uploading content, you grant Photosgraph PBC a limited, non-exclusive, non-transferable license to store, process, and display the content solely as necessary to operate the Service — specifically:

— To store photos and display them to group album members and tagged users
— To display publicly approved photos in open albums along with associated metadata
— To display publicly approved photos on platform-curated pages, maps, and discovery features, including to non-logged-in visitors
— To generate thumbnails and optimized versions for display purposes
— To maintain backups for a reasonable period for data integrity purposes

This license terminates when:

— You delete the content, or
— All approvals are revoked, causing the content to be removed from public view, or
— Your account is deleted

Upon license termination, we will delete the content from our active systems within 30 days. Backup copies will be purged within 90 days.

We will never use your content to train machine learning models, sell to third parties, or for any purpose beyond operating the Service as described here.

6. Prohibited Conduct

You agree not to:

— Upload content you do not believe in good faith you have the right to share
— Deliberately fail to tag or name identifiable people in photos
— Tag someone incorrectly or maliciously (e.g., tagging the wrong person to harass them)
— Circumvent the approval mechanism by any means
— Create fake accounts or impersonate others
— Use the Service to stalk, harass, or intimidate any person
— Use automated tools to scrape, download, or bulk-access content or user data
— Attempt to re-identify or de-anonymize any person in photos
— Interfere with the security or operation of the Service
— Use the Service for any illegal purpose

7. Prohibited Content

You may not upload, share, or transmit content that:

— Depicts minors in a public album or any context outside a private group album
— Is AI-generated, AI-composited, synthetically created, or materially AI-altered (see Section 4h for permitted adjustments)
— Contains nudity or sexually explicit material
— Contains any sexual content depicting minors (which we will report to NCMEC and law enforcement)
— Threatens, harasses, or intimidates any person
— Contains hate speech targeting any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin
— Infringes on any third party's intellectual property rights
— Contains malware or malicious code
— Was taken in a setting where subjects had a reasonable expectation of privacy and did not consent to being photographed (e.g., private medical settings, restrooms, locker rooms)
— Depicts a person in a state of undress, intoxication, or distress where sharing could reasonably cause humiliation or harm, regardless of where the photo was taken
— Violates any applicable law

We reserve the right to remove content that violates these terms and to suspend or terminate accounts of repeat violators. We are not obligated to monitor content proactively, but we will act on reports.

8. Reporting and Enforcement

Any person — whether or not they have a Photosgraph account — may report content they believe violates these Terms, applicable law, or their personal rights. Reports may be submitted through the flag mechanism on any photo page or through our standalone reporting page. Reports may also be submitted by emailing privacy@photosgraph.com.

Reportable concerns include:

— "I am identifiable in a photo and was not tagged or asked for consent"
— "This photo depicts a minor outside a private group album"
— "This photo was taken without the subject's knowledge in a private setting"
— "This photo appears to be AI-generated or AI-manipulated"
— "I am a family member of a deceased person depicted in this photo and I want to request changes or removal"
— "This photo violates the prohibited content policy"
— "I previously approved a tag but want to revoke approval"
— "I approved this photo for public but I do not want it in a specific open album"

Photos reported as depicting minors or depicting individuals without consent are removed from public visibility immediately pending review. Photosgraph will respond to all reports within 48 hours and resolve them within 10 business days. For reports involving minors or non-consensual intimate imagery, we will act within 24 hours.

If a report is substantiated, the photo will be removed and the uploader will be notified. Abuse of the reporting system to harass other members or fraudulently remove content may result in account suspension.

9. DMCA and Intellectual Property

The Photosgraph name, logo, design, and underlying software are owned by Photosgraph PBC. You may not copy, modify, or distribute any part of the Service without our written permission.

We respect intellectual property rights. If you believe content on Photosgraph infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act to:

DMCA Agent
Photosgraph PBC
155 Woodland Avenue, Lexington, KY 40502
dmca@photosgraph.com

Your notice must include:

1. Identification of the copyrighted work
2. Identification of the infringing material and its location on the Service
3. Your contact information
4. A statement of good faith belief that use is not authorized
5. A statement under penalty of perjury that the information is accurate and you are the rights holder or authorized to act on their behalf
6. Your physical or electronic signature

We will respond to valid DMCA notices within 10 business days. We will notify the uploader, who may file a counter-notice. Repeat infringers will have their accounts terminated.

10. Indemnification

You agree to indemnify and hold harmless Photosgraph PBC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

— Your violation of these Terms
— Content you upload or metadata you contribute
— Your violation of any law or the rights of any third party
— Your misrepresentation regarding the identifiability, consent, or age of individuals depicted in photos you upload

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

— The Service will be uninterrupted, error-free, or secure
— Any content on the Service is accurate or reliable
— The approval mechanism will prevent all unauthorized disclosure (though we design it to do so)

12. Limitation of Liability

To the maximum extent permitted by applicable law, Photosgraph PBC and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising from:

— Your use of or inability to use the Service
— Any unauthorized access to your account or data
— Any content uploaded by third parties
— Any action taken by us under these Terms, including account suspension or content removal

Our total aggregate liability for any claims arising from these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) $100 USD.

Nothing in this section limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded by law.

13. Termination

We may suspend or terminate your account at our discretion if you violate these Terms, with or without notice depending on severity. You may delete your account at any time.

Upon account deletion: your profile will be removed, all photos you uploaded will be deleted, all tags you approved will be revoked (removing associated photos from public view and group albums), and group albums you organized will be transferred to the next member. Personal data will be deleted within 30 days. Backup copies will be purged within 90 days.

14. Changes to Terms

We may update these Terms from time to time. For material changes, we will notify users via email at least 30 days before the changes take effect. For non-material changes, we will post updated Terms on the Service with a revised "Effective date."

Continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you may delete your account before they take effect.

15. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Kentucky, United States, without regard to its conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved in the state or federal courts located in Kentucky. You consent to the personal jurisdiction of those courts.

Notwithstanding the foregoing, nothing in this section limits the rights of users located in the European Economic Area, United Kingdom, or California to bring claims under mandatory local consumer protection or data protection laws in their local jurisdiction.

16. Contact

Questions about these Terms may be directed to:

Photosgraph PBC
155 Woodland Avenue, Lexington, KY 40502
legal@photosgraph.com

For privacy-related inquiries or takedown requests: privacy@photosgraph.com

17. Platform Role

Photosgraph provides tools for users to upload, organize, and share photos. We do not create, select, or endorse user-uploaded content. Platform-curated open albums organize user-contributed content by theme or location but do not constitute editorial endorsement of any photo or its contents.

We reserve the right to moderate, remove, or restrict any content at our sole discretion, and the exercise of that right does not make us the publisher or speaker of any user content.