Terms & Conditions

(1) Scope

1.1       Evolo Software GmbH, Görrestraße 48, 80797 München, info@pictomento.com, (“Operator”) offers the software ‘PictoMento’ for use as software-as-a-service (as more specifically described in Sec. 3, the “Software”).

1.2       The Software is offered for use on the website www.app.pictomento.com (altogether, the “Platform”).

1.3       “Customer” is the legal entity or natural person that is using the Software under these Terms of Use.

1.4       Customer and Operator are each referred to as “Party” and, collectively, as “Parties”.

1.5       The use of the Software is subject to these Terms of Use.

1.6       The Software may only be used by Customers who are entrepreneurs within the meaning of Sec. 14 German Civil Code (Bürgerliches Gesetzbuch, BGB).

1.7       If special conditions for individual uses of the Software deviate from these Terms of Use, this will be indicated at the appropriate location on the Platform. In this case, the respective special terms of use shall apply in addition.

1.8       Terms and conditions of the Customer deviating or conflicting with these Terms and Conditions are not accepted by the Operator, unless the Operator has expressly agreed to them. The Operator hereby rejects any counter-confirmations by a Customer with reference to its terms and conditions. Individual agreements between the Parties do always prevail.

1.9       The contracting language is German.  Any text components in other languages are for informational purposes only.

1.10     The Operator does not store the agreement text after the Agreement has been concluded. The Customer has access to the current version of the Terms of Use on the Platform. The respective version of the Terms of Use at the time of conclusion of the User Agreement is provided to the Customer by email or download.

1.11     The Software is provided in German, English and Dutch.

(2) Conclusion of Agreement

2.1       The use of the Software requires the conclusion of an Agreement between the Operator and the Customer.

2.2       The offers that the Operator presents to use the Software do not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

2.3       The conclusion of an Agreement requires that the Customer creates a customer account (“Account”).

2.4       To register, it is necessary that the Customer first creates an Account with their data (name, e-mail address) which is to be provided completely and truthfully, and agrees to the Terms of Use.

2.5       In addition, the Customer can select a password in the App.

2.6       The registration of a legal entity or partnership may only be carried out by a natural person authorized to represent the entity or, respectively, partnership; the natural person must be named.

2.7       The Operator may refuse to accept registrations if there is a reason for doing so, e.g. incorrect information is provided or circumstances indicate that payment obligations may not be fulfilled.

2.8       After registration, the customer will receive three galleries free of charge on their account for a period of one month.

2.9       After registration or after the free trial period has expired, the customer selects the appropriate products for purchase in the app. The customer can choose between galleries for one-time purchase (in two different variants) and an unlimited version.

2.10     Then, information required for the relevant payment method must be entered.

2.11     By clicking on “buy”, the Customer submits a binding offer to purchase or book the Software as displayed in the booking overview and based on the pricing model shown there.

2.12     Before submitting a binding offer, the Customer can correct all entries on an ongoing basis using the usual keyboard and mouse functions.

2.13     The Agreement between the Customer and the Operator is established as soon as the Operator provides the purchased Software to the Customer or accepts the Customer’s offer in a separate way (e.g. via email or other digital means).

2.14     Through a password-protected login area, the Customer can carry out certain activities online by themselves, such as: View current number of credits and galleries, view payment history, purchase additional galleries

(3) Scope of Services

3.1       The Software is a web-based app for photographers to deliver pictures, videos or GIFs to their clients.

3.2       The Operator operates and maintains the Software on its servers or the servers of a designated service provider. The servers are operated in the European Union.

3.3       For the term of the Agreement, the Operator provides the Customer the Software for use as software-as-a-service as described below and as set out under the agreed service levels in Sec. 5, rights of use in Sec. 6 and support services in Sec. 8 (altogether, the “Service”).

3.4       The functional scope of the Software is as follows: The Provider makes available to the Customer a web-based software solution (“PictoMento”) that enables the Customer to create, manage, and make accessible to third parties online galleries for the presentation and delivery of photo and video content. In particular, the scope of functions includes:

3.4.1    Gallery Creation & Management:

Creation, editing, and management of galleries, including gallery title, cover image, structure (chapters), and the management of access rights and settings.

3.4.2    Upload & Content Organisation:

Upload of photo and video files (supported formats: jpg, jpeg, webp, gif, mp4) and organisation of content into chapters/folder structures. To optimise display, the Provider may generate additional display variants (e.g., preview images) in addition to the original files.

3.4.3    Display on End Devices:

Display of galleries in an interface optimised for desktop, tablet, and smartphone. Use as a Progressive Web App (PWA) may be available.

3.4.4    Sharing Galleries & Personalised Access:

Provision of access options for third parties via sharing features, in particular via personalised access (individual links per invited person). Content may be displayed in a personalised manner.

3.4.5    PictoMento provides a face recognition feature that enables invited persons to be shown, as a priority, content in which they appear. Use of this feature requires that the Customer actively enables face recognition for the respective gallery.

The Customer represents and warrants that, prior to enabling face recognition, it has a valid legal basis for the related processing, in particular—where required—the effective consents of the persons depicted, and that it will duly observe any withdrawals of consent or objections raised by the data subjects.

3.4.6    Interactions and Download by Recipients:

Recipients may view content, mark/like photos, and download content. Downloads are enabled by default; there are no plan-related restrictions in this respect unless otherwise specified in the service description.

3.4.7    Privacy / Visibility Settings:

Option to label content as private / not publicly visible so that such content is not shown to other recipients.

3.4.8    Branding & Design:

Option to customise the visual appearance of the gallery, in particular by using a logo, colours, fonts, layout variants, spacing, and a cover image, insofar as this is provided for in the respective tariff/plan.

3.4.9    Multilingual Support:

Provision of the software in multiple languages (currently German, English, Dutch).

3.5       Tariff/Plan Dependency and Terms: The specific scope of functions as well as the validity period of galleries depend on the tariff/plan selected by the Customer during the purchase process and the service description displayed there.

3.5.1    One-time Purchase Galleries are no longer available after the respective validity period has expired.

3.5.2    Galleries created under an Unlimited plan remain valid in principle until they are deleted by the Customer. If a gallery is not taken over/continued by the Customer, the Provider is entitled to delete the related data no later than after three (3) years.

3.6       Fair Use Policy (Unlimited):

Where a tariff/plan is designated as “Unlimited”, usage is subject to a fair use policy. If a gallery exceeds 5,000 files or 10 GB of data volume, the Provider may request that the Customer delete, compress, or otherwise reduce content. If the Customer does not comply with such request within a reasonable period, the Provider may reasonably restrict the use of the affected gallery (e.g., by limiting uploads) until the fair use limits are complied with again.

3.7       The Provider is entitled to further develop the software and to change features and functions, provided that this does not materially impair the main performance owed under the contract. Test/beta features may be marked separately and may be provided “as is”.

3.8       The Customer may use the Software only within the scope of their own business activities by their own personnel.

3.9       If the Operator stores any Customer data, the Operator will take state-of-the-art measures to protect such data. However, the Operator shall not be subject to any custodial or safekeeping obligations with regard to the Customer data.

3.10     The Operator shall only owe to the Customer the provision of the functions and features of the Software as described in the service description above, as well as the modification of the Software to reflect the current state of technology. Unless expressly agreed otherwise in writing, the Operator does not owe any further services. In particular, the Operator is not obliged to provide installation, setup, consulting, customization or training services, or to create and provide individual programming or additional programs. However, the Operator may provide the Customer further services (e.g. additional features) upon separate agreement for a separate fee (if applicable).

3.11     The Operator will continuously extend the Software and the Service in the form of patches, updates and upgrades and make improvements provided that they (i) serve technical developments or (ii) appear necessary to prevent misuse. In addition, the Operator is entitled to change the Software and the Service if (i) applicable law requires such changes, (ii) the changes are beneficial to the Customer and (iii) the changes are of a purely technical or procedural nature and have no material impact on the Customer. All other changes are subject to Sec. 17.

3.12     The Customer may increase the agreed scope of use of the Software (among others: Whitelabeling of the gallery) by sending an e-mail to the Operator.

3.13     The services, technical requirements and, if it is a chargeable offer, prices for the selected additional services will be shown to the Customer via the Platform or communicated by email before the relevant contract is concluded. Adding additional services does not lead to a renewal of the Agreement.

3.14     For the respective remaining term of the current contract period, the difference between the increased fee, if any, and the fee already paid will be charged. For all following contract periods, billing will be carried out in connection with the agreed advance payment.

(4) Access Data

4.1       The Customer can define an individual passwort within the App.

4.2       The Customer shall protect their access data against access by third parties and keep it safe in accordance with the state of the art.

4.3       Access data may not be passed on to third parties, with the exception of disclosure to the Customer’s employees for business purposes.

(5) Service Levels, Disruptions

5.1       The Operator makes the Software available for use at the router exit of the data center where the server with the Software is located (“Delivery Point”). The Customer is responsible for the internet connection between the Customer and the Delivery Point as well as the required hardware and software (e.g. computer, network connection).

5.2       The Software is provided subject to the Availability.

5.3       “Availability” is the Customer’s ability to use all main functions of the Software.

5.4       The average annual Availability of the Software is 99%. The Availability of the Software at the Delivery Point is decisive. The downtime is determined in full minutes and is calculated based on the sum of the annual Resolution Times (as defined below).

5.5       For the proof of Availability, the Operator’s measuring points in the data center shall be decisive.

5.6       The following times are not taken into account when calculating Availability:

5.6.1    Times of insignificant malfunctions of the Software; and

5.6.2    times of significant malfunctions if and to the extent that the Operator observes the Resolution Times (as defined below); and

5.6.3    periods of non-availability due to maintenance work (i) during the regular maintenance windows, which may be up to 6 hours per week and are generally carried out between 22:0 and 6:00 Central European time, or (ii) if the maintenance work has been announced in advance in accordance with Sec. 5.12; and

5.6.4    periods of non-availability due to mandatory unscheduled maintenance work required to resolve disruptions; and

5.6.5    periods of non-availability due to circumstances beyond the Operator’s control (e.g. force majeure, fault of third parties) and for which the Operator is not at fault.

5.7       The Operator is entitled to interrupt the Availability of the Software for maintenance purposes and due to other technical requirements. Maintenance work will be carried out, to the extent possible, between 22:00 and 6:00 Central European Time. If maintenance work results in an interruption of more than 30 minutes of use of the Software during normal business hours from Monday to Friday (excluding federal holidays) between 9:00 and 18:00, the Operator will announce this maintenance work by email. The announcement will be made at least 24 hours in advance.

5.8       The Customer is required to report malfunctions to the Operator without undue delay via email. Malfunction reporting and repair is, subject to the Resolution Times, guaranteed Monday through Friday (excluding federal holidays) between 9:00 and 18:00 (“Service Hours”).

5.9       The Operator will remedy serious malfunctions (the use of the Software as a whole or a main function of the Software is not possible) at the latest within 4 hours from receipt of the report of the malfunction by a Customer, provided that the notification is made within the service hours; other significant malfunctions (main or secondary functions of the Software are disrupted but can be used, or other not only insignificant malfunctions) will be remedied within 12 hours at the latest within the service hours (the indicated time frames, the “Resolution Time(s)”).

5.10     The repair of insignificant malfunctions is subject to the Operator’s discretion.

(6) Usage Rights

6.1       This Section applies exclusively to the granting of rights of use to the Software by the Operator to the Customer; Sec. 7 applies to the granting of rights of use to third parties.

6.2       Subject to payment of the agreed remuneration, the Operator grants the Customer the non-exclusive and non-transferable right to use the Software for the duration of the Agreement to the agreed extent and in accordance with applicable laws. Unless expressly agreed otherwise, the aforementioned rights of use shall only apply to the country in which the Customer has its registered office.

6.3       The Software may only be used by the Customer for its own purposes. In particular, the Customer may not use the Software to

6.3.1    modify, decompile, disassemble, reconstruct or process the Software in any other way; and/or

6.3.2    use the Software to develop a competing software solution or to help a third party to do so; and/or

6.3.3    to distribute illegal and/or infringing content; and/or

6.3.4    sell, license, rent or in any other way commercially exploit the Software.

6.4       The Operator reserves the right to delete infringing content as well as content with viruses or other harmful components and/or to terminate the Service hereunder.

6.5       After termination of the Agreement, the rights of use end automatically without the need for a declaration by the Operator.

(7) Rights of Use of Third Parties

7.1       The Software may contain open source software components. The use of these components is subject exclusively to the corresponding terms of use of the open source software components that are transmitted and/or referenced as part of the open source software components. In the event of contradictions or conflicting provisions between the license terms of the open source software and the provisions of the Agreement, the license terms of the open source software shall prevail.

7.2       If the Operator provides APIs or add-ons for third-party software, this third-party software is not covered by the granting of rights in accordance with Sec. 6. The Customer is responsible for obtaining the corresponding rights of use.

(8) Support

8.1       The Operator has set up a support service for the Customer’s inquiries regarding the Services. Requests can be made via the support channels indicated on the Operator’s website. The requests are processed in the chronological order of their receipt.

(9) Obligations of the Customer, Prohibited Use

9.1       The Customer shall ensure to only use the Software and the Service to the contractually agreed extent. The Operator must be informed immediately of any unauthorized access. The Operator is entitled to block the account, the access to the login area, to the Software and/or to other services in case of misuse.

9.2       The Customer is solely responsible for the content and data processed within the Software. The Customer is obliged to not use the Software in a way which violates applicable law, official orders, third-party rights or agreements with third parties.

9.3       The Customer shall indemnify the Operator against all claims, disputes, losses, damages, expenses, costs (including court costs and legal fees) and liabilities (“Losses”) arising out of or in connection with (i) the Customer’s use of the Software in breach of the Agreement, (ii) any breach by the Customer of any obligation or prohibition set out in Sec. 6.3 or in this Section, or (iii) a claim based on content of the Customer that has been distributed via the Software and has caused damage to a third party.

(10) Contents of the Customer

10.1     The content stored by the Customer on the storage space provided for them may be protected by copyrights. The Customer hereby grants the Operator the right to make such contents accessible to the Customer via the internet and, in particular, to reproduce and transmit such contents for this purpose and to be able to reproduce such contents for the purpose of data backups.

10.2     If data loses its personal reference through pseudonymization, the Operator may continue using and storing the application data, insofar as this is legally permissible under applicable data protection laws.

(11) Remuneration

11.1     The Customer shall pay a fee to the Operator for the use of the Software and the Service. The prices and the respective terms of payment shown at the time of the order under “Pricing” shall apply.

11.2     The Operator reserves the right to increase the fees for future contract periods. In this case, the Operator will communicate the increase to the Customer in writing at the latest eight (8) weeks before the fee increase comes into effect. In the event that the Customer does not accept the price increase, and provided the price increase is higher than 5%, the Customer is entitled to terminate the Agreement with 14 days’ notice at the end of the current contractual period.

11.3     All fees are stated in and are payable in Euros plus applicable VAT.

11.4     The Operator will invoice the Customer once upon booking. Payment is due within 14 days of receipt of the invoice. Sec. 3.13 shall apply in the event the scope of use is increased during a contract period.

11.5     Invoices not paid within such period shall accrue interest at the applicable statutory rate. In addition, services may be restricted in the event of default. In the event of a delay in payment of more than 60 days, the Operator is entitled to terminate the entire contractual relationship without notice.

11.6     All payments due shall be made via the payment provider mollie.

11.7     The Customer is not entitled to offset claims against the Operator, unless the claims have been legally established by a binding court decision or have been recognized in writing by the Operator.

(12) Term, Termination

12.1     One-time Purchase (“Pay per Gallery”): The Customer may purchase galleries on a one-time basis. For this purpose, the Customer selects a package (“Small” or “Large”) within the App. Depending on the selected package, the relevant gallery is available to the Customer for a term of three (3) or twelve (12) months, starting from the date the gallery is created/made available. No cancellation is required for one-time purchase galleries. Upon expiry of the applicable term, the respective one-time purchase gallery is no longer available.

12.2     Unlimited Plan:

The Customer may book an Unlimited Plan for a term of twelve (12) months. During the term of the Unlimited Plan, the Customer may create and use galleries, subject to the Fair Use Policy under Section [3.6]. The Unlimited Plan does not renew automatically. After the term expires, the Unlimited Plan ends and may be booked again by the Customer for an additional twelve (12) months if desired.

12.3     Price Cap / Automatic Upgrade to Unlimited: Within a rolling period starting on the creation date of the Customer’s first one-time purchase gallery, the Customer will not pay more for the use of the Software than the price of the Unlimited Plan (“Price Cap”). If the aggregate fees paid by the Customer for one-time purchase galleries reach or exceed the price of the Unlimited Plan, the Provider will automatically upgrade the Customer to the Unlimited Plan.

In such case, the term of the Unlimited Plan shall be deemed to start retroactively on the creation date of the first gallery within the relevant period and shall end twelve (12) months thereafter (“rolling end date”). Galleries created during the term of the Unlimited Plan remain valid in principle until deleted by the Customer, subject to any deviating provisions on data deletion (e.g., if a gallery is not taken over/continued by the Customer).

12.4     The right to terminate without notice for good cause remains unaffected. Good cause shall be deemed to exist, in particular, if the other Party materially breaches their contractual obligations, if insolvency proceedings are opened against such Party’s assets, or if such Party becomes insolvent or illiquid. Good cause shall also exist if the other Party uses data in a manner that violates the contractually agreed provisions.

12.5     Any termination must be in text form.

12.6     In the event of termination of the Agreement, all rights of use to the Software granted to the Customer shall lapse immediately, and the Customer shall cease to use the Software.

(13) Warranty Rights

13.1     The Software provided by the Operator essentially corresponds to the stated service description. In the case of updates, upgrades or new version releases, warranty claims are limited to the new features of the respective update, upgrade or, respectively, new version release compared to the previous version.

13.2     In principle, the statutory warranty provisions for rental agreements apply. However, the application of Sec. 536a (2) German Civil Code (Bürgerliches Gesetzbuch, BGB) (right of the user to rectify defects themselves) and strict liability in accordance with Sec. 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the Agreement was concluded are excluded.

13.3     In all other respects, the provisions of service contract law (Sec. 611 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB)) shall apply.

13.4     The Operator does not guarantee that the Customer’s business expectations associated with the use of the Service will be realized.

13.5     The Operator does not assume any additional guarantee for the Software without express confirmation.

13.6     Any claims for damages are subject to the limitations set out in Sec. 14 (Liability).

(14) Liability

14.1     The Operator is liable to the Customer without limitation in the event of intent, gross negligence and culpable injury to life, body or health. The Operator is also liable without limitation for claims under the Product Liability Act (Produkthaftungsgesetz, ProdHaftG), for guarantees given in writing and for claims due to the absence of warranted characteristics.

14.2     Notwithstanding the preceding paragraph, the Operator shall be liable to the Customer in the event of minor negligent breaches only with respect to material contractual obligations, but, in any case, limited to the damage typically foreseeable at the time of conclusion of the Agreement. Material contractual obligations are obligations (i) the fulfillment of which is a prerequisite for the proper performance of the Agreement or the breach of which jeopardizes the purpose of the Agreement, and (ii) the compliance of which the Customer may regularly rely on. Strict liability pursuant to Section 536a (1) German Civil Code (Bürgerliches Gesetzbuch, BGB) for defects that already existed when the Agreement was concluded is excluded.

14.3     The Operator is entitled to raise the objection of contributory negligence on the Customer’s part (e.g. due to a breach of the Customer’s obligations in accordance with Sec. 9).

14.4     The Operator is only liable for the loss of data up to the amount that would have been incurred if the data had been properly and regularly backed up in order to restore it.

14.5     The Operator assumes no liability for damages that arise if the Customer passes on passwords or user IDs to unauthorized persons or if these otherwise reach unauthorized persons without the Operator having any influence on this.

14.6     This Section shall also apply in favor of the Operator’s employees, representatives and bodies.

(15) Data Protection

15.1     The Customer shall comply with the applicable data protection regulations when using the Software. In this respect, the Operator is not the controller within the meaning of Art. 4 No. 7 GDPR.

15.2     If necessary, the Parties shall conclude an Agreement on data processing and technical and organizational measures (TOMs) based on the template provided by the Operator prior to the start of processing. In this case, the Operator will process the relevant personal data solely in accordance with the provisions set out therein and in accordance with the Customer’s instructions.

15.3     If the Operator stores any data of the Customer, the Customer remains the owner of the data stored on the Operator’s servers and the data will not be passed on to third parties.

15.4     Up to three months after termination of the Agreement, the Customer shall be entitled to have its data exported in a customary format. Thereafter, the data may only be exported in individual cases (if the data is still available) and for a separate fee.

(16) Confidentiality

16.1     The Parties undertake to maintain confidentiality about all Confidential Information that they obtain in connection with the Agreement and its performance, and not to disclose or pass on such information to third parties (“Confidentiality Obligation”).

16.2     “Confidential Information” are all business, technological, scientific, patent and other internal information of the Parties relating to any business strategies, ideas, intellectual property rights, development, know-how and production of the Parties that has already been disclosed or will be disclosed under the Agreement.

16.3     The Confidentiality Obligation shall not apply to information

16.3.1  that was already in the possession of the other Party before it was handed over by that Party; or

16.3.2  that was already publicly known at the time of the disclosure; or

16.3.3  which becomes publicly known after it has been disclosed to the other Party, unless this occurs due to a breach of the confidentiality obligation set forth in this Section by one of the Parties; or

16.3.4  to the disclosure of which the other Party has given its prior consent in text form (including e-mails); or

16.3.5  for which there is a legal obligation to surrender or disclose.

(17) Amendments to these Terms of Use

17.1     For good cause, in particular in the event of changes in statutory law, supreme court rulings, the Software, the Service, or market conditions, the Operator may notify the Customer of an amendment to these Terms of Use, indicating the main changes. The amended Terms of Use are deemed agreed by the Customer if they have not objected to the amendment within one month after receipt of the notification, and the Operator has specifically pointed out this consequence for the Customer in the notification. Changes to the scope of services agreed with the Customer require their express consent, irrespective of the above provisions.

17.2     If the Customer objects to an amendment of the Terms of Use within the aforementioned period, the Operator is entitled to terminate the Agreement with a notice period of drei months to the end of the month.

17.3     In addition, in the event of an increase in fees, Sec. 11.5 shall apply.

(18) Notices

Notifications from the Customer shall be sent by e-mail to info@pictomento.com. Important changes to customer data or other circumstances affecting the contractual relationship shall be communicated by the Customer to the Operator immediately at the above e-mail address.

(19) Final Provisions

19.1     The version decisive for these Terms of Use is the one written in the German language. The English version is for information purposes only.

19.2     German law shall apply. Any conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.

19.3     The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use or the Agreement shall be Germany, Munich, to the extent applicable mandatory law does not provide otherwise. The place of performance is the registered office of the Operator.

19.4     Should a provision of these Terms of Use be or become invalid, contain an invalid deadline provision or a gap, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of Sec. 305 et seqq. German Civil Code (Bürgerliches Gesetzbuch, BGB), the invalid provision shall be replaced by a valid provision that comes as close as possible to the economic intentions of the Parties. The same applies in the event of a gap. In the event of an invalid term, the legally permissible term shall apply.

Version: 01.03.2026