Terms of Service

1. General Provisions

1.1. These Terms of Service set out the rules and conditions for the provision of electronic services through the RawPicker platform, available at rawpicker.com and through associated mobile and desktop applications.

1.2. These Terms have been drafted in accordance with:

• the Polish Act of July 18, 2002 on the Provision of Electronic Services (Journal of Laws 2020, item 344, as amended) — hereinafter: "Electronic Services Act"
• the Polish Act of May 30, 2014 on Consumer Rights (Journal of Laws 2020, item 287, as amended) — hereinafter: "Consumer Rights Act"
• the Polish Act of April 23, 1964 — Civil Code (Journal of Laws 2023, item 1610, as amended) — hereinafter: "Civil Code"
• Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data (GDPR)
• Regulation (EU) 2024/1689 of the European Parliament and of the Council of June 13, 2024 laying down harmonised rules on artificial intelligence (EU AI Act)
• Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022 on a Single Market for Digital Services (Digital Services Act — DSA)
• Directive 2011/83/EU of the European Parliament and of the Council of October 25, 2011 on consumer rights, as amended by Directive (EU) 2019/2161 (Omnibus Directive)

1.3. Use of the Service constitutes acceptance of these Terms. Users who do not accept the Terms should refrain from using the Service.

1.4. These Terms are made available free of charge at rawpicker.com/terms in a manner that allows them to be obtained, reproduced, and stored by the User's information system.

2. Definitions

• Service — the RawPicker platform available at rawpicker.com, api.rawpicker.com, and through mobile applications (Android, iOS) and desktop applications (macOS, Windows, Linux), designed for the culling and management of RAW/JPEG photographs
• Service Provider — HexBit - Wojciech Osak, ul. Herbu Janina 9A/25, 02-972 Warsaw, Poland, Tax ID (NIP): 5381859620, email: admin@rawpicker.com
• User — a natural person, legal entity, or organizational unit without legal personality that uses the Service
• Consumer — a natural person entering into an agreement with the Service Provider that is not directly related to their business or professional activity, including sole proprietors when the agreement is not of a professional nature for them (Article 385(5) of the Civil Code)
• Account — an individual User panel within the Service, created through registration, enabling the use of the Services
• Terms — this document governing the rules of electronic service provision
• Services — electronic services provided by the Service Provider through the Service, including in particular the storage, culling, and management of photographs
• Free Plan — a free subscription plan providing access to the basic features of the Service
• Plus Plan — a paid subscription plan providing extended access to the features of the Service
• Pro Plan — a paid subscription plan providing full access to all features of the Service, including AI processing
• User Content — any materials, in particular RAW and JPEG image files, uploaded to the Service by the User
• GDPR — Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data
• PayProGlobal — PayProGlobal Inc., an entity acting as the Merchant of Record, handling payments, taxes, and financial settlements on behalf of the Service Provider

3. Types and Scope of Services Provided

3.1. The Service Provider offers through the Service a cloud-based tool for culling and managing RAW/JPEG photographs, including in particular:

• cloud storage for photographs
• tools for culling and rating photographs
• sharing photographs with other users
• AI-powered photograph processing (under the Pro Plan)
• backup of RAW files to the server (under the Pro Plan)

3.5. A detailed comparison of subscription plans, including current pricing, is available at rawpicker.com/pricing.

3.6. The Service Provider reserves the right to modify the scope of features available under each plan, provided that such changes shall not affect active, paid subscription periods, unless the change is beneficial to the User.

4. Technical Requirements

4.1. To use the Service properly, the following technical requirements must be met:

• an active Internet connection
• a web browser supporting JavaScript, cookies, and HTTPS — recommended: Google Chrome, Mozilla Firefox, Apple Safari, or Microsoft Edge in their latest available versions
• an active email address (for passwordless login or password registration) or a Google account (for Google OAuth login)
• a mobile device running Android or iOS — for using the mobile application
• a computer running macOS, Windows, or Linux — for using the desktop application

4.2. The Service Provider is not liable for technical issues resulting from the User's failure to meet the technical requirements specified in Section 4.1.

4.3. The costs of Internet connection are borne by the User, in accordance with the terms set by their telecommunications service provider.

5. Registration and Account Creation

5.1. Use of the Service requires creating an Account. Registration is free of charge.

5.2. An Account may be created using one of the following methods:

• Passwordless login (recommended): The User provides an email address to which a 6-digit verification code is sent. The code is valid for 10 minutes. To prevent abuse, rate limits apply: a maximum of 5 login initiations and 10 code verification attempts per 15 minutes per IP address.
• Google OAuth login: The User logs in via their Google account. Redirect flow is used on the website and desktop application; ID token verification is used on the mobile application.
• Password registration (traditional method): The User provides an email address and sets a password. A password reset function is available.

5.3. The Service may be used by persons who are at least 16 years old. Minors aged 16 to 18 may use the Service with the consent of a parent or legal guardian.

5.4. Account creation requires acceptance of these Terms and the Privacy Policy.

5.5. The User is obliged to provide truthful and current information during registration and to update it promptly in case of any changes.

5.6. The User is responsible for maintaining the confidentiality of Account access credentials and for all activities conducted through their Account.

5.7. One Account may be assigned to only one User. Sharing an Account with third parties is prohibited.

6. Rules of Use

6.1. The User agrees to use the Service in accordance with these Terms, applicable law, and good practice.

6.2. Permitted activities include in particular:

• uploading, storing, and managing one's own RAW/JPEG photographs
• using culling and rating tools
• sharing photographs with other users through the Service's features
• using AI processing in accordance with the terms of the selected plan
• downloading photographs from the Service to one's own devices

6.3. Prohibited activities include in particular:

• uploading content that is unlawful, including content infringing third-party copyrights, child sexual abuse material, content inciting hatred or violence
• attempting unauthorized access to the Service, other Users' Accounts, or the Service's technical infrastructure
• using the Service in a manner that may disrupt its proper functioning, including the use of automated scripts that overload servers
• distributing malicious software through the Service
• using the Service to store content unrelated to photography in a manner exceeding ordinary use
• circumventing technical limitations of the Service, including storage and device limits
• reselling or sublicensing access to the Service without the written consent of the Service Provider

6.4. In the event of a violation of the rules set out in Section 6.3, the Service Provider may:

• issue a warning to the User
• temporarily suspend the User's Account
• permanently block the User's Account and terminate the agreement with immediate effect
• remove content that violates the Terms

6.5. Before applying sanctions, the Service Provider shall, where possible and legally justified, inform the User of the identified violation and allow them to respond within 7 days, except in cases requiring immediate action for the safety of the Service or other Users.

7. Subscription Plans and Payments

7.1. Use of the Free Plan does not require any payment.

7.2. Use of the Plus Plan or Pro Plan requires purchasing a corresponding subscription.

7.3. Payment operator. Payment processing, including the calculation and remittance of VAT and other applicable taxes, is handled by PayProGlobal Inc. as the Merchant of Record (authorized reseller). PayProGlobal acts as the seller in relation to the User with respect to payment transactions.

7.4. Purchase process. Subscription purchases are made through a checkout form embedded on the Service's website. Email verification and acceptance of these Terms are required before purchase.

7.5. Accepted payment methods. The Service accepts payment methods made available by PayProGlobal, including in particular payment cards, PayPal, and other methods available in the given region.

7.6. Currencies. Payments may be made in the following currencies: PLN, EUR, USD.

7.7. Automatic renewal. Subscriptions renew automatically for subsequent billing periods unless the User cancels the subscription before the end of the current period. The User will be notified of the upcoming renewal with adequate advance notice.

7.8. Failed payments. In the event of a failed payment attempt for subscription renewal, the Service Provider will reattempt to charge the payment method. After exhausting all attempts, the Service may downgrade the User's access to the Free Plan level.

7.9. Subscription management. The User may manage their subscription, including canceling automatic renewal, through the PayProGlobal customer portal or the Account settings within the Service.

7.10. Invoices and receipts. Billing documents, including VAT invoices, are issued by PayProGlobal as the Merchant of Record and made available to the User electronically.

7.11. Pricing. Current subscription plan pricing is listed at rawpicker.com/pricing and includes all applicable taxes (gross prices) for Consumers. The Service Provider reserves the right to change prices, provided that changes shall not affect active, paid subscription periods.

8. Intellectual Property Rights

8.1. Service Provider's rights. The Service, including its source code, graphic design, logo, the name "RawPicker," algorithms, and documentation, constitutes the intellectual property of the Service Provider and is protected under copyright and industrial property law. All rights reserved.

8.2. User's rights to Content. The User retains full copyright and all other rights to User Content uploaded to the Service. Uploading Content to the Service does not constitute a transfer of copyright to the Service Provider.

8.3. Processing license. By uploading Content to the Service, the User grants the Service Provider a non-exclusive, royalty-free license to process such Content solely to the extent necessary for the provision of Services (storage, display, thumbnail generation, AI processing — where applicable). This license expires upon deletion of the Content from the Service or closure of the Account.

8.4. User warranties. The User represents that they hold the rights to the Content uploaded to the Service and that its upload and processing within the Service does not infringe the rights of third parties.

8.5. The User is not authorized to copy, modify, decompile, or reverse-engineer the source code of the Service or its applications, except where permitted by mandatory provisions of law.

9. AI Data Processing

9.1. Scope of AI processing. Under the Pro Plan, the Service offers AI-powered photograph processing features, including in particular automated culling and image quality assessment.

9.2. Transparency (EU AI Act). In accordance with Regulation (EU) 2024/1689 (EU AI Act), the Service Provider informs that:

• AI features in the Service are used solely to assist in the photograph culling and rating process
• the final decision regarding photograph selection always remains with the User
• the AI system is classified as a low-risk system and does not make decisions having legal effects on the User

9.3. Data protection. User photographs processed by AI are not used to train artificial intelligence models. AI processes photographs solely for the purpose of providing the Service to the given User.

9.4. Voluntary use. The use of AI features is entirely optional. A Pro Plan User may opt out of AI processing at any time through the Account settings, without losing access to the remaining Pro Plan features.

9.5. On-device ML processing. In the desktop and mobile RawPicker applications, photo analysis (quality scoring, sharpness, exposure, noise, face detection, duplicate detection) is performed exclusively on the User's device using the ONNX Runtime library. No photo data or analysis results are transmitted to the Service Provider's servers or to any third parties as part of ML processing.

9.6. AI limitations. The Service Provider informs that AI processing results are suggestions and may not fully correspond to the User's aesthetic preferences. The Service Provider does not guarantee a specific level of accuracy of AI-generated ratings.

9a. Sharing and Galleries

9a.1. The Service allows Users to share photos and projects with others through:

• Public galleries — accessible to anyone with the link, optionally protected by a password set by the User
• Project sharing — collaborative access with other RawPicker Users at defined permission levels (Full, Preview, Editor)
• Invitation links — allowing recipients to join shared projects

9a.2. The User bears sole responsibility for:

• the content shared through galleries and projects and its compliance with applicable law
• managing access permissions and passwords for shared content
• understanding that content shared via public links may be viewed by anyone who obtains such a link

9a.3. The Service Provider is not responsible for the actions of third parties who access content shared by the User.

9b. Third-Party Software Integrations

9b.1. The RawPicker desktop application may offer optional integration with third-party software installed on the User's device, including:

• Adobe DNG Converter — for converting RAW files to DNG format
• Adobe Photoshop — for editing photos in an external editor
• Adobe Lightroom Classic — for editing photos in an external editor

9b.2. These integrations operate through standard operating system mechanisms (e.g., command-line interface, file associations). The User is responsible for independently obtaining, installing, and licensing any such third-party software.

9b.3. RawPicker does not bundle, redistribute, or provide any third-party software. RawPicker is not affiliated with, endorsed by, or sponsored by Adobe Inc. or any other third-party software vendor.

9b.4. The use of third-party software is governed by the respective third party's own terms and conditions and license agreements.

9b.5. The Service Provider does not guarantee compatibility with any specific version of third-party software and is not responsible for any issues arising from the use of third-party software integrations.

Adobe, Adobe DNG Converter, Adobe Photoshop, and Adobe Lightroom Classic are trademarks or registered trademarks of Adobe Inc.

10. Liability of the Service Provider

10.1. The Service Provider makes reasonable efforts to ensure the proper and uninterrupted functioning of the Service.

10.2. The Service Provider is liable for non-performance or improper performance of Services in accordance with applicable law, subject to the reservations set out below.

10.3. Towards Consumers, the Service Provider bears liability in accordance with mandatory provisions of law, in particular the Consumer Rights Act and the Civil Code. No provisions of these Terms shall limit or exclude the Service Provider's liability towards Consumers to the extent that such limitation or exclusion would be contrary to law.

10.4. Towards Users who are not Consumers, the Service Provider's liability is limited as follows:

• the Service Provider shall not be liable for indirect damages, lost profits, data loss, or business interruption
• the total liability of the Service Provider for all claims arising from the use of the Service in a given calendar year shall not exceed the amount of subscription fees paid by the given User during the 12 months preceding the event giving rise to the claim
• the Service Provider shall not be liable for damages resulting from force majeure, actions of third parties, or telecommunications infrastructure failures beyond the Service Provider's control

10.5. The Service Provider is not liable for the content and nature of User Content stored within the Service.

10.6. The Service Provider reserves the right to temporary interruptions in the Service's operation due to maintenance or updates. The Service Provider shall endeavor to keep such interruptions as brief as possible and, where feasible, to notify Users in advance.

11. Liability of the User

11.1. The User bears full responsibility for Content uploaded to the Service, including its compliance with the law and respect for third-party rights.

11.2. The User is responsible for all activities conducted through their Account.

11.3. The User agrees to notify the Service Provider immediately of any unauthorized use of their Account or any security breach.

11.4. The User agrees to indemnify and hold the Service Provider harmless from any third-party claims arising from the User's violation of the Terms or applicable law, except where liability for the violation rests with the Service Provider.

11.5. The User is responsible for maintaining their own backups of Content uploaded to the Service. Despite employing appropriate safeguards, the Service Provider does not guarantee data recovery in the event of data loss caused by circumstances beyond the Service Provider's control.

12. Complaints

12.1. The User has the right to file a complaint regarding the Services provided.

12.2. A complaint should include:

• the User's identifying information (name, surname, email address associated with the Account)
• a description of the subject of the complaint and the circumstances justifying it
• the expected manner of resolution

12.3. Complaints should be directed to the email address: admin@rawpicker.com or in writing to the Service Provider's registered address.

12.4. Complaint resolution deadlines:

• for Consumers — 14 calendar days from the date of receipt of the complaint. Failure to respond within this period is deemed acceptance of the complaint
• for other Users — 30 calendar days from the date of receipt of the complaint

12.5. The response to the complaint will be sent to the User's email address or, at the User's request, in another form.

12.6. Alternative dispute resolution. Consumers have the right to use out-of-court complaint and redress mechanisms, in particular:

• applying to the relevant provincial trade inspection authority for mediation proceedings
• applying to the permanent consumer arbitration court at the relevant provincial trade inspection authority for dispute resolution
• using the Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/
• seeking assistance from the district (municipal) consumer ombudsman or the Office of Competition and Consumer Protection (UOKiK)

13. Withdrawal from the Agreement

13.1. Statutory right of withdrawal. The Consumer has the right to withdraw from a distance contract within 14 days of its conclusion, without providing a reason and without bearing any costs, subject to Section 13.4.

13.2. 14-day satisfaction guarantee. Independently of the statutory right of withdrawal, the Service Provider offers all Users of paid plans a 14-day satisfaction guarantee. If a User cancels their subscription within 14 days of the first purchase of a given plan, the User will receive a full refund of the amount paid. This guarantee does not apply to subsequent subscription renewals.

13.3. The Consumer may submit a withdrawal statement in any form, in particular:

• by email to: admin@rawpicker.com
• in writing to the Service Provider's registered address
• through the PayProGlobal customer portal

13.5. Refunds shall be made without undue delay, and no later than 14 days from the date of receipt of the withdrawal statement, using the same means of payment as used by the Consumer, unless the Consumer expressly agrees to a different method of refund.

14. Termination

14.1. The User may terminate the agreement for the provision of Services at any time by deleting their Account in the Service settings or by sending a termination statement to admin@rawpicker.com.

14.2. For Users on a paid plan, termination results in the non-renewal of the subscription for the next billing period. The User retains access to the paid Services until the end of the current billing period.

14.3. The Service Provider may terminate the agreement for the provision of Services with 30 days' notice in the following cases:

• a material breach of the Terms by the User, after an unsuccessful request to cease the violations
• use of the Service in an unlawful manner
• discontinuation of the Service

14.4. In cases of particularly serious violations threatening the security of the Service or other Users, the Service Provider may terminate the agreement with immediate effect, informing the User together with a justification.

14.5. After Account deletion, User Content will be permanently deleted after the expiration of the retention period applicable to the User's last active plan (30 days for the Free Plan, 90 days for the Pro Plan), unless the User requests earlier deletion.

14.6. Account deletion does not release the User from the obligation to pay any outstanding fees resulting from the use of the Service.

15. Automated Decision-Making

15.1. To ensure the security of the Service and protect against abuse, the Service Provider employs automated decision-making mechanisms, including:

• fraud detection: automated systems monitoring usage patterns to identify potential threats and unauthorized activities
• risk scoring: automated assessment of the risk level associated with certain activities within the Service, including Account registration and payment transactions
• blacklists: automatic blocking of access from IP addresses, devices, or accounts for which Terms violations or suspected abuse have been identified

15.2. Automated decision-making is carried out on the basis of the Service Provider's legitimate interest (Article 6(1)(f) GDPR) in protecting the Service and its Users from abuse.

15.3. Where an automated decision results in the restriction or blocking of access to the Service, the User has the right to:

• obtain information about the reasons for the decision
• contest the decision and request human review
• present their point of view

15.4. Requests for review should be directed to: admin@rawpicker.com. The Service Provider will process the request within 7 business days.

16. Digital Services Act Compliance

16.1. The Service Provider, as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (Digital Services Act — DSA), fulfills the obligations arising from this regulation.

16.2. Content moderation. The Service Provider applies content moderation procedures for User Content to prevent the storage and sharing of illegal content. Moderation may include:

• automated scanning of uploaded files
• response to reports from Users and third parties
• manual review of content in justified cases

16.3. Reporting illegal content. Any User or third party may report content they consider illegal by sending a report to: admin@rawpicker.com. The report should include:

• identification of the content in question (e.g., link, description)
• an explanation of why the content is considered illegal
• the reporter's contact details

16.4. The Service Provider will process the report without undue delay, in a non-arbitrary and objective manner, and will inform the reporter of the decision taken together with a justification.

16.5. Point of contact. The single point of contact within the meaning of Articles 11 and 12 of the DSA is:

• email: admin@rawpicker.com
• languages of communication: Polish, English

16.6. A User whose content has been removed or restricted has the right to appeal the decision within 6 months of being notified of the decision, by sending an appeal to: admin@rawpicker.com.

17. Personal Data Protection

17.1. The personal data controller is the Service Provider — HexBit - Wojciech Osak, ul. Herbu Janina 9A/25, 02-972 Warsaw, Poland, Tax ID (NIP): 5381859620.

17.2. Detailed information regarding the processing of personal data, including the purposes and legal bases of processing, categories of processed data, rights of data subjects, and the cookie policy, is contained in the Privacy Policy available at rawpicker.com/privacy.

17.3. The Service Provider processes Users' personal data in accordance with the GDPR and other applicable data protection regulations.

17.4. Contact regarding personal data protection matters: admin@rawpicker.com.

18. Final Provisions

18.1. Governing law. These Terms are governed by Polish law. With respect to Consumers residing in other EU Member States, mandatory provisions of the Consumer's country of residence shall also apply where they provide a higher level of protection.

18.2. Dispute resolution. Disputes arising from these Terms shall be resolved by competent Polish courts. In the case of Consumers, the court having jurisdiction is the court of the Consumer's place of residence.

18.3. Severability clause. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by the applicable mandatory provision of law.

18.4. Language versions. These Terms have been prepared in Polish and English. In the event of discrepancies between the language versions, the Polish version shall prevail.

18.5. Amendments to the Terms. The Service Provider reserves the right to amend the Terms for important reasons, in particular in the event of:

• changes in legislation affecting the provision of Services
• changes in the scope or nature of the Services provided
• the need to adapt the Terms to court rulings or administrative decisions
• changes in the technical conditions of service provision

18.6. The Service Provider will notify Users of any amendments to the Terms at least 14 days in advance by sending a notification to the email address associated with the Account. A User who does not accept the amendments has the right to terminate the agreement before the amendments take effect.

19. Service Provider's Details

HexBit - Wojciech Osak
Address: ul. Herbu Janina 9A/25, 02-972 Warsaw, Poland
Tax ID (NIP): 5381859620
Email: admin@rawpicker.com
Website: rawpicker.com