Terms of Use

1. Acceptance of These Terms

These Terms constitute a legally binding agreement between you and Osvio. Depending on how you use the Platform, you may act as a Photographer, Client, Gallery Visitor, Organization Owner or another authorized user of the Platform.

Certain features may be subject to additional terms, pricing conditions, consent mechanisms, technical requirements or third-party terms. Where additional terms apply, they will form part of your agreement with Osvio unless expressly stated otherwise.

If you use Osvio on behalf of a business, organization or other legal entity, you represent and warrant that you have the authority to accept these Terms on its behalf.

2. Definitions

"Account"

A registered user account that provides access to applicable Osvio features.

"Client"

A person who accesses a Photographer's gallery, profile or other functionality as a customer, gallery visitor or recipient of photographic services or products.

"Content"

Any photographs, images, videos, text, comments, metadata, profile information or other materials made available through the Platform.

"Face Data"

Data generated or processed by face-related functionality, including face detection results, numerical representations, embeddings, clustering data or related identifiers, where applicable.

"Gallery"

A collection of photographs or other Content created, uploaded or managed through the Platform.

"Memory Vault"

A paid storage service that may allow a Client to obtain and retain a separate copy of an applicable Gallery or its Content within the Client's own Osvio storage environment, subject to the applicable service conditions and storage limits.

"Organization Owner" or "Studio"

A Photographer-level Account with additional organization or studio-related functionality where such functionality is available.

"Photographer"

A professional or other creator using Osvio to manage galleries, Content, clients, sales, services or related workflows.

"Print Partner"

A third-party printing laboratory, copy center, manufacturer, fulfillment provider or similar service provider that may participate in the production or fulfillment of physical products.

"Subscription Plan"

A paid or free access plan made available by Osvio from time to time.

"User Content"

Content uploaded, created, submitted, generated or otherwise made available by a user through the Platform.

3. Eligibility

You must be legally capable of entering into a binding agreement under the laws applicable to you in order to create an Account and use paid or contractual features of the Platform.

Unless otherwise expressly permitted by applicable law and the Platform, Account holders must be at least 18 years old.

Minors may access publicly available or privately shared Content only where such access is lawful and permitted by the applicable Gallery settings, the person responsible for the minor and applicable law.

4. Accounts and Account Security

The current Osvio account model is based on one Account per individual user. An Account may have a Photographer, Client or other available Platform role. Organization Owner or Studio functionality may provide additional rights or capabilities but does not create a shared multi-user Account unless Osvio expressly introduces such functionality.

You agree to:

• provide accurate and current information;
• keep your login credentials confidential;
• promptly update information that becomes inaccurate;
• not impersonate another person or entity;
• not create an Account using false or misleading identity information;
• notify Osvio promptly of unauthorized access or a security incident.

You are responsible for activity performed through your Account unless applicable law requires otherwise or the activity resulted from a security failure attributable to Osvio.

Osvio may require reasonable identity, account ownership or payment verification where necessary to prevent fraud, protect users, comply with legal obligations or provide certain services.

5. The Osvio Platform

Osvio provides digital tools designed to support photographers and their clients, including, where available:

• photo galleries and Content hosting;
• client delivery and gallery access;
• photo selection, favorites and comments;
• downloads and download controls;
• watermarking and access controls;
• public photographer profiles;
• payment integrations;
• sale of digital photographs and other products;
• Memory Vault storage functionality;
• analytics and activity information;
• Lightroom Classic and other integrations;
• face-related organization and filtering functionality;
• automated or personalized gallery configuration tools.

The Platform may include, in the future, additional functionality such as photographer discovery and marketplace features, booking tools, physical product and print ordering, and agreement or contract-related tools.

Features may vary depending on your Subscription Plan, geographic location, technical environment, Account type, connected services or other factors.

Osvio may introduce, modify, suspend or discontinue features as described in these Terms and subject to applicable law.

6. Galleries and Client Access

Photographers may create and configure Galleries and determine the access and functionality available to Clients, subject to the capabilities of the Platform.

Depending on the applicable Gallery settings, a Client may be able to:

• view Content;
• download individual photographs;
• download an entire Gallery;
• select favorite photographs;
• submit comments or other feedback;
• purchase photographs or related products;
• share a Gallery link;
• create an Osvio Account;
• access a Gallery without creating an Account.

A Photographer may enable or disable applicable functionality, including downloads, favorites, comments or other interactive features.

Galleries may be public, unlisted, restricted, password-protected or otherwise access-controlled depending on available Platform functionality.

A public Gallery may be accessible to anyone who receives or discovers its link and may, depending on its configuration and applicable technical settings, be discoverable by search engines or other indexing services.

An unlisted or password-protected Gallery is not equivalent to an absolute guarantee of confidentiality. A person with access credentials or a Gallery link may share them with another person unless prevented by additional access controls.

7. Content Protection and Limitations

Osvio may provide technical measures intended to reduce unauthorized downloading, copying or redistribution of Content, including access controls, temporary URLs, watermarking and other available technical measures.

These measures do not guarantee that Content cannot be copied, captured, recorded, reproduced or redistributed. For example, Content may be captured through screenshots, screen recording, photography of a display or other methods outside Osvio's technical control.

Osvio does not guarantee absolute protection against unauthorized copying or redistribution of Content.

8. Memory Vault

Memory Vault is a separate paid storage feature that may allow a Client to retain a separate copy of an eligible Gallery or its Content within the Client's Osvio environment.

Where Memory Vault creates or maintains a separate Client copy, that Client copy may be logically distinct from the Photographer's original Gallery.

Subject to applicable service conditions, deletion or modification of the Photographer's original Gallery does not necessarily result in automatic deletion of a previously created Client Vault Copy.

The scope, storage capacity, retention conditions, available formats and pricing of Memory Vault may be determined by the applicable service offering.

Memory Vault does not transfer copyright ownership or other intellectual property rights in the underlying Content unless such rights are separately granted by the applicable Photographer or rights holder.

9. User Content and Intellectual Property

Except for the limited rights granted to Osvio under these Terms, users retain ownership of their User Content and any intellectual property rights they hold in it.

By uploading or making User Content available through Osvio, you grant Osvio a non-exclusive, worldwide, royalty-free, sublicensable solely to service providers acting on Osvio's behalf, and limited license to host, store, reproduce, process, transmit, display, format, optimize, create technical derivatives, back up and otherwise use the Content solely as reasonably necessary to:

• operate and provide the Platform;
• deliver Galleries and Content to authorized users;
• generate previews and optimized versions;
• apply access controls or watermarks where configured;
• provide backups and disaster recovery;
• perform requested automated or face-related functionality;
• maintain security and prevent abuse;
• comply with applicable law.

The license described above terminates when the relevant Content is deleted from the Platform, subject to technical backup cycles, legal retention obligations, Memory Vault copies, independently retained Content and reasonable residual copies maintained for security or system integrity purposes.

10. Marketing Use of User Content

Osvio will not use a user's private photographs or other private User Content for Osvio's own marketing or advertising purposes without the user's separate written permission.

Where Content includes identifiable persons, any marketing use may additionally require that the user has obtained all permissions, consents or other legal rights required to authorize such use.

Osvio may offer Photographers the option to allow selected public Galleries, portfolios or Content to be promoted through Osvio for the purpose of promoting the applicable Photographer. Such promotion will be subject to the Photographer's consent or other applicable authorization mechanism.

11. Your Responsibility for Content

You represent and warrant that you have all rights, permissions, licenses, consents and other legal authority necessary to upload, process, display, distribute, sell or otherwise use User Content through the Platform.

This may include, where applicable, permissions relating to:

• copyright and neighboring rights;
• model releases;
• privacy and personality rights;
• commercial use of a person's likeness;
• data protection requirements;
• biometric or face-related processing;
• rights of clients or other contractual parties.

Osvio does not verify that every upload or transaction is legally authorized. You remain responsible for determining whether your use of the Platform and your Content complies with applicable law.

12. Face Detection, Face Embeddings and Face-Based Filtering

Osvio may provide functionality that detects faces in photographs, generates numerical face representations or embeddings, groups similar faces and enables face-based filtering or search within applicable Galleries.

A Photographer may associate a name or other label with a person where such functionality is available. Osvio does not use such names to independently market to, profile or personalize services for the depicted person unless a separate lawful basis and applicable notice are provided.

Face-related functionality may be available to Clients, including functionality intended to help a Client locate photographs containing a particular person.

Before enabling or using face-related functionality, a Photographer or other responsible user may be required to confirm that they have an appropriate legal basis for processing the relevant photographs and have provided any notices or obtained any permissions or consent required by applicable law.

Depending on the applicable jurisdiction and the specific purpose and method of processing, face-related information may be subject to additional legal requirements, including data protection or biometric data rules.

Osvio may provide additional controls, notices, consent mechanisms or restrictions for face-related functionality where required or appropriate.

13. Automated and Personalized Features

Osvio may use account-level preferences, prior Gallery configurations and other relevant usage settings to suggest or automatically preconfigure settings for a new Gallery.

Such functionality may use rules, arithmetic calculations, statistical analysis or other automated methods. The resulting settings may be changed manually by the user where editing functionality is available.

Automated configuration does not guarantee that a suggested or automatically selected setting will be appropriate for every Gallery or use case.

14. Artificial Intelligence and Model Improvement

Osvio may provide automated or intelligent features as part of the Platform. Unless separately disclosed, photographs and other User Content are not provided to external artificial intelligence providers for processing solely because they are uploaded to Osvio.

Osvio does not use User Content to train or improve general artificial intelligence or machine learning models without a separate, voluntary and appropriately informed opt-in where such use is offered.

If Osvio introduces a voluntary program allowing users to contribute Content or data to improve Osvio's artificial intelligence or machine learning systems, Osvio will provide separate information about the applicable categories of data, purposes, controls and withdrawal options.

Participation in such a program will not be required merely to use the ordinary features of the Platform unless a particular feature necessarily requires the relevant processing and this is clearly disclosed.

15. Third-Party and Personal Cloud Storage

Osvio offers an optional feature, Bring Your Own Storage ("BYOS"), available on certain plans, that lets a photographer connect a third-party cloud storage account they control — currently Google Drive, with other providers planned — as the storage location for the original photo and video files they upload. Previews, thumbnails, watermarked versions, and everything a client gallery and its downloads actually serve always remain hosted on Osvio's own infrastructure regardless of this setting; only the original file is redirected.

Osvio requests access only to a single, app-specific folder it creates in the connected account, sufficient to upload, read, and manage the files Osvio itself places there. Osvio does not access, list, or request access to any other file, folder, or data already in that account.

Once a gallery has been assigned to a connected account and has received its first upload, that assignment cannot be changed for that gallery.

The connected account remains your own property, under your own control, and subject to its provider's own terms, storage limits, and availability. You may disconnect it at any time from Storage settings, which revokes Osvio's access going forward without deleting anything already stored in that account. If you disconnect the account, revoke Osvio's access directly through the provider, delete a file directly in your own account, or run out of space there, Osvio will continue serving previews and client galleries normally, but the affected original file may become unavailable through Osvio — Osvio does not guarantee that such a file can be restored.

Deleting a photo or an entire gallery in Osvio — including the automatic removal of a gallery whose expiry has passed — moves the original file(s) Osvio placed in the connected account to that account's own trash, subject to the provider's usual retention there; Osvio does not permanently delete them itself. An original still needed to complete a purchased Memory Vault preservation is kept until that copy finishes.

Third-party cloud services remain subject to their own terms, privacy policies, availability and security practices.

16. Integrations and Third-Party Services

Osvio may integrate with third-party products and services, including payment providers, cloud storage providers and photography software.

Osvio may provide an integration with Adobe Lightroom Classic. Osvio is an independent product and is not affiliated with, endorsed by or sponsored by Adobe unless expressly stated otherwise.

Your use of third-party services may be governed by separate agreements between you and the relevant third party.

Osvio is not responsible for third-party service availability, pricing, security, changes, suspension or discontinuation except where liability cannot lawfully be excluded.

17. Public Profiles

Osvio may allow Photographers to create public profiles and make selected information available to Clients and other visitors.

Public profile information may include, depending on the available functionality:

• name or professional name;
• portfolio Content;
• location or service area;
• service descriptions;
• pricing information.

You are responsible for ensuring that information you publish through a public profile is accurate and that you have the right to make it public.

Osvio does not guarantee that any Photographer will receive inquiries, sales, leads or other commercial opportunities through the Platform.

18. Marketplace and Relationships Between Users

Osvio does not currently operate a marketplace enabling Clients to discover, contact, book or purchase services and products from Photographers through the Platform. If Osvio introduces such functionality in the future, the following terms will apply.

Unless Osvio expressly identifies itself as the seller or service provider for a particular transaction, the agreement for photographic services or products is entered into directly between the Client and the applicable Photographer.

Osvio is not a party to that agreement merely because the parties use Osvio to discover one another, communicate, book services, process a payment or manage related Content.

Osvio does not guarantee:

• the quality of a Photographer's services;
• the availability of a Photographer;
• that a booking will be completed;
• the quality or suitability of photographs;
• that a Client will attend or pay for a booking;
• the legal validity or enforceability of a transaction between users.

19. Bookings and Agreements Between Users

Osvio does not currently provide booking tools, templates, document generation functionality, acceptance workflows or electronic acknowledgements to assist users in documenting their arrangements. If Osvio introduces such functionality in the future, the following terms will apply.

Unless Osvio expressly states otherwise, Osvio does not become a party to an agreement created, generated, accepted or signed through the Platform.

Users are responsible for reviewing the terms of their agreement and determining whether the chosen method of acceptance, confirmation or signature satisfies applicable legal requirements.

Templates or automated documents are provided as technical tools and do not constitute legal advice.

20. Payments and Payment Providers

Osvio may integrate with payment providers including, where available, Monopay, LiqPay, Stripe and other supported providers.

Where a Photographer receives payments through their own merchant or payment account, the Photographer is generally responsible for the underlying sale, applicable taxes, refunds, receipts, invoices and other legal obligations associated with that transaction.

Unless expressly stated otherwise for a specific transaction, Osvio is not:

• the merchant of record;
• the seller of the Photographer's services or products;
• a financial institution;
• a holder or custodian of Client funds;
• a provider of payment settlement or payout services.

Osvio may provide an interface that facilitates payment initiation, refunds or payment-related actions through a connected payment provider.

Payment transactions remain subject to the applicable payment provider's terms, verification procedures, technical limitations and legal requirements.

21. Sale of Digital Products

Photographers may offer digital photographs, photographic services or other digital products through available Platform functionality.

Unless otherwise clearly identified before the transaction, the Photographer is the seller responsible for the applicable offer.

Osvio does not currently support the sale of physical products such as prints, framed works, canvases or photo books, or fulfillment through a Print Partner. If Osvio introduces such functionality in the future, a Print Partner may manufacture, fulfill or otherwise assist with the production or delivery of physical goods, and will not automatically become the seller solely because it produces or fulfills the product.

Osvio may in the future support alternative transaction structures under which another identified party acts as seller, service provider or merchant of record. The applicable contracting party will be identified where required by law.

22. Taxes and Commercial Obligations

Photographers are responsible for determining and fulfilling their own tax, invoicing, receipt, registration, reporting and other commercial obligations relating to services and products they sell through the Platform.

Osvio may display, collect or facilitate information relating to taxes where required by law or supported by an applicable payment or transaction flow.

Osvio's subscription prices may include or exclude applicable taxes depending on the user's location, the applicable pricing flow and legal requirements. The applicable price and relevant tax information will be presented before the relevant purchase where required.

23. Refunds, Cancellations and Disputes Between Users

This Section addresses two distinct matters: Osvio's own refund policy for Osvio Subscriptions, and disputes between a Photographer and a Client over services or products the Photographer sells.

Cancelling an Osvio Subscription does not create a right to a partial or pro-rata refund for the unused portion of a billing period. If you cancel, your Subscription remains active and you retain access to paid functionality until the end of the period you have already paid for; access ends at that point and is not extended or refunded.

Refunds for an Osvio Subscription are provided only where required by applicable law, including the statutory withdrawal right addressed in Section 35. Outside of such a legal requirement, Osvio does not offer a discretionary or goodwill refund. To request a refund you believe is legally required, contact [email protected]; Osvio will respond within 14 days.

Where a promotional or Early Bird price applies to your Subscription, the difference between that price and Osvio's standard price for the same plan is not refundable under any circumstance.

Refunds and cancellations relating to services or products sold by a Photographer to a Client are a separate matter, generally governed by the agreement between the Photographer and Client, applicable law and the rules of the relevant payment provider.

Osvio may provide technical functionality that allows an authorized Photographer to initiate a refund through an integrated payment provider.

Osvio is not required to investigate or resolve ordinary contractual disputes between a Photographer and Client, including disputes regarding service quality, attendance, cancellation, deliverables or the interpretation of their agreement.

Osvio may nevertheless take reasonable Platform-level action where necessary to investigate fraud, abuse, unlawful conduct or violations of these Terms.

24. Reviews and Ratings

Osvio does not currently allow Clients to rate and review Photographers. If Osvio introduces such functionality in the future, the following terms will apply.

Reviews should reflect a genuine experience and must not be false, deceptive, manipulated, defamatory, unlawful or otherwise prohibited.

Osvio may use reasonable verification, moderation or fraud-prevention measures and may remove, restrict or otherwise address reviews that violate these Terms or applicable law.

The absence of a review, a high rating or the visibility of a profile does not constitute Osvio's endorsement or guarantee of a Photographer.

25. Subscriptions, Trials and Early Bird Plans

Osvio may offer recurring subscription plans, promotional plans, trial periods and special offers.

Unless otherwise stated for a specific offer, a subscription renews automatically at the end of each billing period until cancelled.

Osvio may offer a seven-day trial or another trial period specified at the time of registration or purchase.

Osvio also offers a special Early Bird plan, and may offer other promotional plans. At the time these Terms were prepared, the Early Bird offering provides access to the applicable Osvio functionality at a price of 499 UAH, subject to the specific terms displayed for that offer.

Where Osvio designates an Early Bird or other promotional plan as available to a limited number of subscribers, the promotional price applicable at the time of purchase remains fixed for that subscriber for as long as their subscription remains continuously active, and will not be increased for that subscriber while the subscription continues without interruption.

Promotional pricing may have additional eligibility requirements, duration limits, renewal conditions or other restrictions disclosed before purchase.

26. Pricing, Currency and Regional Offers

Prices may vary based on factors including:

• country or region;
• currency;
• applicable taxes;
• Subscription Plan;
• billing period;
• promotional offer;
• distribution channel;
• other disclosed commercial conditions.

Different users may therefore see different prices for substantially similar services where such differences are lawfully implemented and the applicable price is clearly disclosed before purchase.

Osvio may change pricing for future billing periods in accordance with applicable law and these Terms. Where advance notice is legally required, Osvio will provide the required notice before the new price takes effect.

27. Failed Payments

If a recurring payment fails, Osvio provides a grace period during which reasonable attempts are made to collect payment and you may update your payment method.

The grace period is three days from the end of the paid billing period, subject to applicable law.

If payment remains unsuccessful after the grace period, Osvio restricts access to paid functionality until the Subscription is renewed or replaced. Osvio does not automatically move an account to a different Subscription Plan as a result of a failed payment.

28. Cancellation, Downgrades and Data Export

You may cancel a Subscription through the available Account controls or another method specified by Osvio.

Unless otherwise required by law or expressly stated for a specific plan, cancellation takes effect at the end of the current paid billing period; access to paid functionality continues until then.

Once paid access ends — at the end of the paid period following a cancellation, or at the end of the grace period described in Section 27 following a failed payment — Osvio provides a 30-day export window. During this window you retain access to view and export your Content without an active Subscription, though not to the full functionality of the Platform.

If you restore an active Subscription before the export window ends, the window is cancelled and normal access resumes.

If the export window ends without an active Subscription, your galleries proceed through Osvio's ordinary deletion process for a cancelled gallery, subject to applicable law, backup cycles, Memory Vault copies and other independent retention obligations.

29. Archived Galleries

An Archived Gallery is not automatically deleted merely because time passes. Subject to the applicable Subscription Plan, storage conditions, account status and technical or legal requirements, an Archived Gallery may remain available until intentionally deleted by the Photographer.

This provision does not create a guarantee of unlimited free storage, permanent availability or indefinite retention regardless of account status or applicable service conditions.

30. Prohibited Content and Conduct

You must not use Osvio to:

• violate applicable law;
• infringe intellectual property rights;
• upload or distribute child sexual abuse material or exploitative content;
• share non-consensual intimate imagery;
• facilitate fraud, scams or deception;
• distribute malware or harmful code;
• harass, threaten or unlawfully abuse another person;
• unlawfully process personal or biometric information;
• circumvent security or access controls;
• interfere with Platform operation;
• use automated systems to scrape or overload the Platform without authorization;
• misrepresent your identity or professional qualifications;
• manipulate ratings, reviews or marketplace results;
• use the Platform for any other prohibited or unlawful purpose.

Lawful artistic, boudoir, nude or similar photographic Content is not prohibited solely because it contains nudity, provided that the Content and its use comply with applicable law and these Terms.

Content involving illegal sexual activity, exploitation, abuse, minors or other prohibited material is strictly forbidden.

31. Content Moderation and Reporting

Osvio does not guarantee proactive review of all User Content. Osvio may use reactive moderation, automated detection, human review or other proportionate measures to address unlawful or prohibited Content.

Users and affected persons may report allegedly unlawful or infringing Content through the reporting functionality made available by Osvio or by contacting: [email protected].

Osvio may assess reports, request additional information and take proportionate action, including restricting Content, disabling access, suspending Accounts or taking other action where appropriate.

Where applicable law requires a statement of reasons, notice, complaint mechanism or other procedural safeguards, Osvio will provide such mechanisms in accordance with applicable requirements.

32. Copyright and Intellectual Property Complaints

If you believe that Content available through Osvio infringes your copyright or another intellectual property right, you may submit a complaint to: [email protected].

Your notice should include, where applicable:

• identification of the protected work or right;
• identification of the allegedly infringing Content;
• the relevant Osvio URL or sufficient information to locate the Content;
• your name and contact information;
• a statement explaining the basis of your complaint;
• any additional information reasonably required by applicable law.

Osvio may request further information before taking action.

33. Privacy and Data Protection

Osvio's processing of personal data is governed by the applicable Privacy Policy.

Depending on the specific processing activity, Osvio may act as an independent controller, processor or another legally relevant role under applicable data protection law.

In general, a Photographer may act as the party determining the purposes and means of processing personal data relating to their clients, galleries and photographic workflow, while Osvio may process such information on the Photographer's behalf in order to provide the Platform.

Osvio may separately act as an independent controller for activities such as Account administration, billing, security, Platform analytics, support and other processing for which Osvio determines the purposes and means.

Where required or appropriate, Osvio may provide a separate Data Processing Agreement.

34. Infrastructure, Storage and International Processing

Osvio may use infrastructure and service providers located in Ukraine, the European Economic Area and other jurisdictions, subject to applicable legal requirements.

Osvio's application infrastructure may currently use servers located in Frankfurt, Germany. Photographic Content may be stored or delivered using Cloudflare R2, Cloudflare's content delivery infrastructure, connected user-controlled cloud storage or other infrastructure used to provide the Platform.

Infrastructure providers and storage architecture may change over time. The current or applicable data protection information may be described in the Privacy Policy, Data Processing Agreement or other applicable documentation.

35. Consumer Rights

Nothing in these Terms is intended to exclude, restrict or limit rights that cannot lawfully be excluded or limited under applicable consumer protection law.

Consumers in the European Union, Ukraine or another jurisdiction may have mandatory rights relating to digital services, subscriptions, cancellation, conformity, refunds or withdrawal.

Where you purchase a paid Subscription, Osvio requires you to expressly confirm, before you are redirected to the payment provider, that you request immediate access to the digital service, that you understand the applicable price and billing period, and that starting the service immediately may affect the statutory withdrawal right described above, to the extent one applies to you and to the extent permitted by applicable law. This confirmation is recorded together with the plan, price and date confirmed.

36. Communications and Notifications

Osvio may send service-related communications through email, in-app messages, push notifications or other available communication methods.

Service-related communications may include security alerts, payment notices, Account information, legal notices and other information necessary to provide the Platform.

Marketing communications will be handled in accordance with applicable law and the preferences or consent mechanisms made available to you.

37. Beta and Experimental Features

Osvio may make Beta, preview, experimental or early-access features available.

Such features may be incomplete, changed, limited, interrupted or discontinued and may not operate as reliably as generally available functionality.

Where permitted by law, Beta Features are provided without guarantees of availability or continued support.

38. Feedback

If you provide suggestions, ideas, comments or other feedback about Osvio, you grant Osvio a worldwide, non-exclusive, royalty-free right to use, reproduce, modify and incorporate that feedback into the Platform without compensation or obligation to you.

This does not transfer ownership of your unrelated User Content or intellectual property.

39. Availability and Changes to the Platform

Osvio aims to provide a reliable Platform but does not guarantee uninterrupted, error-free or permanently available operation unless a separate written service level agreement expressly provides otherwise.

The Platform may be temporarily unavailable because of maintenance, technical failures, security incidents, third-party service interruptions, force majeure events or other circumstances.

Osvio may modify the Platform where reasonably necessary for security, legal, technical, commercial or product development reasons, subject to applicable law.

40. Suspension and Termination

Osvio may suspend, restrict or terminate access to all or part of the Platform where reasonably necessary, including in cases of:

• violation of these Terms;
• illegal or harmful Content;
• fraud or suspected fraud;
• security risks;
• repeated payment failure;
• infringement complaints;
• legal or regulatory requirements;
• abuse of Platform resources.

Where appropriate and legally required, Osvio may provide notice and an opportunity to appeal or correct the issue before permanent termination.

Immediate action may be taken where delay could create a security, legal or safety risk.

41. Discontinuation of Osvio

If Osvio plans to permanently discontinue the Platform or a material storage service, Osvio will use reasonable efforts to provide advance notice and an opportunity for affected users to export eligible User Content.

Where reasonably possible, Osvio currently intends to provide at least 30 days' advance notice for a planned permanent discontinuation.

Advance notice may be shortened or unavailable where this is reasonably necessary because of legal requirements, insolvency, force majeure, security emergencies or circumstances outside Osvio's reasonable control.

42. Disclaimers

To the maximum extent permitted by applicable law, the Platform is provided on an "as available" basis.

Osvio does not guarantee that:

• every Photographer or Client is trustworthy;
• a Photographer's services will meet a Client's expectations;
• a Client will perform their obligations;
• Content will never be lost, copied or accessed without authorization;
• automated or face-related results will always be accurate;
• marketplace search or ranking will generate commercial results;
• third-party services will remain available;
• the Platform will operate without interruption or errors.

Nothing in this section excludes guarantees or rights that cannot lawfully be excluded.

43. Limitation of Liability

To the maximum extent permitted by applicable law, Osvio will not be liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, business opportunities, reputation, goodwill or data, except where such limitation is prohibited by law.

Where applicable law permits limitation of liability, Osvio's aggregate liability arising out of or relating to the Platform will not exceed the total amount paid by you to Osvio for the applicable service during the 12 months preceding the event giving rise to liability.

Nothing in these Terms limits liability that cannot legally be limited, including liability for intentional misconduct, fraud or other liability that applicable law does not permit Osvio to exclude.

44. Responsibility for Claims Caused by Your Content or Conduct

To the extent permitted by applicable law, you agree to be responsible for reasonable losses, claims, liabilities and expenses arising from your unlawful Content, infringement of third-party rights or material violation of these Terms.

This provision applies only to the extent that the relevant loss or claim was caused by your conduct and does not limit rights that applicable consumer law grants to you.

45. Changes to These Terms

Osvio may update these Terms to reflect changes in the Platform, applicable law, security requirements or business operations.

For material changes, Osvio will provide notice through the Platform, email or another reasonable communication method where required or appropriate.

If you do not agree to an updated version, you may stop using the Platform and, where applicable, cancel your Subscription before the updated Terms take effect.

Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by applicable law.

46. Governing Law and Jurisdiction

These Terms are governed by the laws of Ukraine, unless another law must apply under mandatory legal requirements.

Nothing in these Terms deprives consumers of mandatory protections granted by the laws of their country of habitual residence where those protections apply and cannot lawfully be excluded by contract.

Before initiating formal legal proceedings, the parties should use reasonable efforts to resolve the dispute through good-faith communication with Osvio.

Unless mandatory law provides otherwise, disputes may be submitted to the competent courts of Ukraine.

47. European Union and Other Mandatory Rights

Where Osvio provides services to users located in the European Union or another jurisdiction with mandatory platform, consumer, data protection or digital services requirements, Osvio will apply the relevant mandatory legal protections to the extent they are applicable.

Nothing in these Terms is intended to limit rights arising under mandatory legislation, including applicable data protection, consumer protection, digital content or platform regulation.

48. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.

These Terms, together with applicable additional terms, pricing information, Privacy Policy, Data Processing Agreement and other incorporated documents, constitute the agreement between you and Osvio concerning your use of the Platform.

49. Assignment and Transfer

You may not transfer your rights or obligations under these Terms without Osvio's consent where such transfer is prohibited by applicable law.

Osvio may transfer these Terms and its rights and obligations in connection with a merger, acquisition, corporate restructuring, transfer of the Platform or similar transaction, subject to applicable law and required notices.

50. Contact Information

If you have questions about these Terms or need to contact Osvio regarding a legal matter, you may contact: