Terms & Conditions

1. Agreement to Terms

By accessing or using the Phodo website at phodo.ca and any related services (collectively, the "Service"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not use the Service.

2. Eligibility

You may use the Service only if you are old enough to form a binding contract in your place of residence. If you are under the age of majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms.

3. Accounts

When you create an account you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use.

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

4. Your Content

You retain all ownership rights to the photos and other content you upload to Phodo ("Your Content"). By uploading, you grant us a limited, non-exclusive licence to store, display, and distribute Your Content solely to operate and provide the Service (for example, generating thumbnails or serving images in your public portfolio).

You are solely responsible for Your Content. You represent that you have all necessary rights to upload and share it, and that it does not violate any applicable laws or third-party rights.

5. Prohibited Conduct

You agree not to:

• Upload content that is unlawful, defamatory, obscene, or infringes on intellectual property rights.
• Upload content that you do not own or do not have sufficient rights, licenses, consents, and permissions to upload, display, sell, or distribute.
• Upload fully AI-generated images. All uploaded images must be created from your own original photography, with only minor editing or enhancement tools permitted.
• Upload malicious, deceptive, or harmful files, including malware, ransomware, spyware, or files intended to disrupt systems or compromise security.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Use the Service for spam or phishing.
• Interfere with or disrupt the Service or impose an unreasonable load on our systems.
• Scrape, crawl, or use automated tools to access the Service without prior written consent.

6. Subscriptions & Payments

Phodo offers paid subscription plans processed through Stripe. By subscribing you agree to pay the applicable fees. Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date.

We may offer a free trial period. If you do not cancel before the trial ends, your selected paid plan will begin and you will be charged the applicable subscription fee.

Fees are non-refundable except where required by applicable law. We reserve the right to change pricing with at least 30 days' notice before the change takes effect for existing subscribers.

7. Tips

The Service allows photographers to display external tip links (such as e-transfer details or third-party payment URLs) on their public portfolios. These transactions occur entirely outside Phodo. We are not a party to, and bear no liability for, any tip payments.

8. Storage Limits

Each account is subject to storage limits based on your subscription plan. If you exceed your limit, you may be unable to upload new content until you free up space or upgrade your plan.

9. Intellectual Property

The Service, including its design, code, and branding, is owned by Phodo and protected by copyright and other intellectual property laws. Nothing in these Terms grants you rights to use the Phodo name, logo, or trademarks without prior written consent.

10. Copyright Complaints

If you believe content on the Service infringes your copyright or other intellectual property rights, you may send a notice to support@phodo.ca with sufficient detail for us to identify and review the claim (including your contact information, identification of the work, and the allegedly infringing content). We may remove or disable access to content while investigating and may terminate repeat infringers where appropriate.

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 merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the fullest extent permitted by law, Phodo and its affiliates, officers, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, profits, goodwill, or business interruption arising out of or related to your use of the Service.

To the fullest extent permitted by law, Phodo's aggregate liability for all claims arising out of or related to the Service will not exceed the greater of (a) the total amount you paid to Phodo in the 12 months before the event giving rise to liability, or (b) CAD $100.

13. Indemnification

You agree to defend, indemnify, and hold harmless Phodo and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content, (b) your misuse of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.

14. Termination

You may delete your account at any time. We may suspend or terminate your access if you violate these Terms. Upon termination, your right to use the Service ceases immediately. We will delete or de-identify your personal data within a reasonable timeframe, except where retention is required by law, needed for legitimate business purposes (such as fraud prevention, security, tax/accounting, backup integrity, or dispute resolution), or otherwise permitted under our Privacy Policy.

15. Dispute Resolution, Governing Law, and Venue

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. You and Phodo agree that any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the courts located in British Columbia, Canada, and each party submits to the personal jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through a notice on the Service. Continued use after the effective date constitutes acceptance of the revised Terms.

17. General Terms

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Phodo regarding the Service.

18. Contact

If you have questions about these Terms, please contact us at support@phodo.ca.