1. Introduction and nature of the engagement

The Business’s services, digital platform, and face-feature cataloging/sorting systems are provided solely for professional, business, and commercial needs of end users and professionals in photography and media (the “Customer” or “Photographer”).

This commercial agreement is subject to the general Terms of Use published on the site and to the Privacy Policy. Agreement to them is a precondition and material term of this agreement, and they form an integral part of it.

In case of conflict between this agreement and the general Terms or Privacy Policy, the following order of precedence applies: this commercial agreement prevails regarding pricing, rates, subscription plans, payment terms, and cancellation mechanisms; the general Terms and Privacy Policy prevail regarding photographer declarations, information security, biometrics, and intellectual property.

2. Control of the personal area and galleries for the photographer’s clients

The Platform allocates a personal area where the Customer can create and manage folders and galleries for their clients. Full, exclusive responsibility for creating, managing, opening, or closing digital folders and galleries rests solely with the Customer. The Platform is an infrastructural, automatic self-service tool and does not actively or manually intervene in content management. Simpixy operators cannot view content uploaded to folders or galleries.

The photographer is the sole party authorized to determine who may access folders and photographs (whether password-protected client accounts or group passwords and share links for casual guests). The photographer bears absolute responsibility for content and media stored on the Platform, including for any leak or exposure resulting from negligent permission settings or opening galleries to the public without protection.

The Customer may create a sub-site to present their work and to navigate clients into galleries. The photographer undertakes to independently arrange all engagement terms, liabilities, and legal permissions with their clients and commissioning parties before uploading any file — including use of photographs for marketing their work, copyright ownership, or licensing to clients. In particular, the photographer must obtain prior written explicit consent from each client and photographed person (or legal guardian, for a minor) in these cases:

• If the photographer or their clients wish to use face-feature cataloging/sorting, the photographer must obtain explicit active consent from photographed persons and retain documentation of that consent.
• If the photographer wishes to display photograph(s) as a gallery image or on their personal mini-site, or make any other internet-visible use for studio marketing, they must obtain approval from the photographed person or their guardian.

The photographer is responsible for any unauthorized use of these tools, including complaints, claims, or inquiries to Simpixy arising therefrom, including bearing expenses caused to the Platform as a result.

3. Use restrictions

The photographer undertakes that use of galleries, folders, and allocated storage will be only for lawful uses under the laws of the State of Israel. It is absolutely prohibited to use the Platform to upload, store, distribute, or tag materials that infringe copyright, pedophilic content, pornographic or harmful materials stored or created unlawfully, or files used to degrade, humiliate, harass, or defame any person.

Platform staff have no routine access or human supervision of folder content, which is blocked by default. However, if the Business learns (via user reports, security alerts, or a competent authority demand) that folders or storage are used for illegal or infringing uses as above, the Business may immediately block gallery access, suspend or permanently delete the account, erase all content and vectors from servers, and transfer findings to law-enforcement authorities, without prior notice and without any right to a refund.

4. Subscription period, service terms, and rate changes

Subscription period, service scope, allowed storage volumes, and logical access terms are set according to the plan offered to the photographer from time to time and published on the subscription registration page. The subscription is a continuing transaction that renews automatically and cyclically unless a written non-renewal notice is given at least 3 business days before the end of the paid period.

The service is classified as supply of digital “information” and goods that can be reproduced or copied; therefore the cancellation right expires completely once access to the subscription account is granted. Purchase of a subscription package is final; no refunds, credits, or returns are given for partial use mid billing period.

5. Data confidentiality, non-access, and deletion policy

The Platform undertakes not to transfer the photographer’s and photographed persons’ information, photographs, or personal and biometric data to any third party without an express instruction. Platform staff have no routine access or ability to view content inside customers’ private folders; folders are end-to-end encrypted and logically isolated on the servers.

Erasure mechanism and no responsibility for data integrity: Upon end of the photographer’s subscription without renewal for any reason (including credit-card failure), the system moves all folders to a frozen archive for 90 days only, during which scheduled notices are sent. After 90 days, the system forcibly and automatically executes an absolute deletion that permanently and irreversibly destroys all source files, galleries, and biometric identifiers from production and backup servers. The Platform and its owners have no responsibility, liability, or warranty for data integrity, file integrity, or availability after that 90-day period; the photographer waives any claim for loss or deletion of materials.

6. General

Simpixy stores uploaded media and files using servers owned and controlled by third parties. Use of Simpixy requires continuous internet connectivity and computer infrastructure on the Customer’s side. Service failures due to power outages, defenses against attacks, maintenance work, or factors beyond the Platform’s control do not constitute a breach of Simpixy’s commitments to the Customer.

Simpixy does not provide backup services for stored content and media; the Customer must ensure they hold an additional backup of media uploaded to the Platform.

This commercial agreement is governed solely by the laws of the State of Israel. Any legal dispute between the parties arising from this agreement shall be brought exclusively before the competent court in the State of Israel.

Confirmations

• I approve the terms of this commercial agreement.
• I have read the Terms of Use and the Privacy Policy and I approve them.