General Provisions

These general business terms and conditions are applied between “SelectPhoto” (hereinafter referred to as “the application”) provided by SIMOPT, s.r.o., Company ID: 15890155, with its registered office at Klokotská 121/16, 390 01 Tábor, Czech Republic (hereinafter referred to as “the provider”), and the registered user (hereinafter referred to as “the user”) who will use this application. By creating an account on SelectPhoto, the user agrees to these general business terms and conditions, or by continuing to use the application after being informed of any changes to these business terms and conditions. Please read, print, and save these general terms and conditions for your reference.

Data Protection (GDPR)

Before using the SelectPhoto service, please consider the use and processing of your personal data (GDPR) – see here. Using the application is considered acceptance of the privacy policy.

Data Storage and Processing

Your data is stored on the application server and is not accessible to third parties unless you explicitly provide access for photo selection. Data may be processed and optimized for the best and most convenient display within the application, which may include resizing.

Prohibited Activities in the Application

The following activities are prohibited:

• Engaging in illegal activities that violate applicable laws of the Czech Republic and the EU,
• Engaging in activities that harm or exploit children or minorities, or that are racist, xenophobic, sexist, or political in nature,
• Sending unsolicited emails (spam),
• Committing fraud, forgery, or using misleading practices,
• Violating the rights and privacy of other users.

If these general business terms and conditions are violated, the provider has the right to terminate the account without any compensation, and all data will be deleted.

User Account

Upon completing online registration, the user gains access to their account and is automatically assigned a license to use the application in the Free version. The user has the option to purchase the paid Pro license at any time, which provides access to the application’s extended features.

Account access is secured through a username and password or via third-party authentication (Google, Facebook, Apple). The user is responsible for ensuring the confidentiality of their login credentials and access methods. The provider is not liable for the misuse of the account by third parties.

The provider is not responsible for data uploaded by the user and does not bear any liability for damages that may result from using the application. The user acknowledges that their account may not be available at all times due to necessary maintenance of hardware and software systems.

The user may cancel their account at any time by contacting customer support via email at support@select.photo. Account cancellation does not entitle the user to any refund for unused periods of the purchased Pro license.

Payment Terms and Licensing

The application offers the option to purchase the paid Pro version, which provides access to the service’s extended features. This license is provided on a subscription basis, either monthly or annually, based on the user’s choice. All prices listed on the website include VAT.

Payments for the service are made exclusively cashless via an online payment gateway that supports card payments. The user must make the first payment when purchasing and activating the paid Pro license through their account. Subsequent subscription renewals will occur automatically after the chosen period (monthly or annually). If the user selects the annual renewal period, they will be notified by email 30 days before automatic renewal to the email address provided during registration. To ensure uninterrupted subscription renewal, the user must have sufficient funds available. If payment fails, the account will be automatically downgraded to the Free version of the service.

The provider reserves the right to modify the parameters of the provided licenses (both Free and paid versions) and the prices of paid licenses at any time. The user will be informed of any changes via the email address provided during registration.

The user can cancel the paid Pro version subscription at any time through the user interface by clicking the "DOWNGRADE" button in the "My Account" section, under "My License," or by contacting customer support at support@select.photo. After cancellation, the paid version will remain active until the end of the already paid period, after which the account will be downgraded to the Free version.

Electronic Service Delivery

SelectPhoto is provided exclusively in electronic form through the web interface. There is no physical delivery or shipment of materials – all features and services are delivered online.

Data Security

The provider commits to taking all reasonable measures to secure the data uploaded by users and protect it from unauthorized access, loss, or misuse. Although the provider will make every effort to safeguard the data, the provider is not liable for data loss or damages caused by third-party attacks.

Intellectual Property Rights

The user confirms that they are the sole owner of the copyright for all photos and content uploaded to the SelectPhoto application. The user grants the provider a non-exclusive license to use this content for the purpose of providing the service. The provider may not sell or share the content with third parties without the user’s explicit consent, except as required by law.

Limitation of Liability

The provider is not liable for any direct or indirect damages, data loss, loss of profits, business interruptions, or other financial or non-financial harm that may arise from using the SelectPhoto application, even if the provider has been advised of the possibility of such damages.

Complaints and Disputes

In the event of issues with the paid version of the service, users can contact customer support via email at support@select.photo. Complaints will be handled individually based on the specific situation.

The provider is not responsible for technical problems related to the provision of the service, especially if caused by external factors or malfunctions of third-party payment systems.

Final Provisions

The provider has the right to modify these general business terms and conditions and adjust them according to legislative changes and the needs of the provider.

These general business terms and conditions are effective as of October 1, 2024.