FavoritShot is a workspace for photographers to organise photo catalogs, share galleries, and receive client selections. If you use FavoritShot, you agree to these Terms of Service. Our Privacy Policy, Data Processing Addendum, and Cookie Policy are part of this agreement where they apply.
01
Terms of Service
1. Who these terms cover
“FavoritShot,” “we,” “us,” and “our” mean the provider of the FavoritShot service. “You” means the person or organisation using the Service. If you use the Service for an organisation, you confirm that you are authorised to accept these terms for it.
These terms apply to our website, photographer workspace, galleries, shortlists, and supported editing-workflow integrations (together, the “Service”). A client or guest who opens a gallery or submits a selection must also follow the parts of these terms that apply to their use.
2. Your account and access
Keep your login credentials confidential and tell us promptly if you believe your account has been accessed without permission. You are responsible for activity carried out through your account and for the people to whom you give workspace, gallery, or sharing-link access. Do not share a gallery containing personal information with people who are not intended recipients.
You must provide accurate account information and use the Service only where you are legally allowed to do so. We may suspend access where reasonably necessary to protect the Service, our users, or others, or where these terms are breached.
3. Your content
You retain ownership of the photos, metadata, text, and other content you upload or make available through the Service (“Your Content”). You give us a limited, worldwide licence to host, process, transmit, display, and create the technical copies needed to operate, secure, support, and improve the Service for you.
You are responsible for having all necessary rights, permissions, releases, and lawful bases to upload and share Your Content. Do not use the Service for content that is unlawful, infringes another person’s rights, exploits minors, contains malware, or interferes with the Service or other users.
4. Client selections and integrations
The Service helps collect, display, and sync selection information; it does not replace your professional review. You remain responsible for confirming selections and changes before relying on them in an editing or delivery workflow. Third-party editing applications and services are governed by their own terms and availability. We are not responsible for third-party products or changes they make.
5. AI-assisted features
We may offer optional features that use artificial intelligence to help create or tailor a gallery design, such as suggesting layouts, presentation choices, or other creative treatments (“AI Features”). AI Features are assistive tools: you decide whether to enable them, what content to submit, and whether to use any result. You must review results before publishing or relying on them; they may be incomplete, inaccurate, or unsuitable for your intended use.
You instruct us to process the images, metadata, and prompts you submit to an AI Feature to provide, operate, analyse, secure, develop, test, train, improve, and support our Service and AI systems solely to enhance the FavoritShot experience and workflow. You grant FavoritShot a worldwide, royalty-free, sublicensable licence to use, reproduce, host, analyse, adapt, transform, create derivative works from, and otherwise process that submitted content for those purposes, using automated systems, machine-learning models, and human review where needed. This licence applies to content in identifiable, aggregated, and de-identified forms, to the extent permitted by applicable law.
You confirm that you have the rights, notices, consents, and other lawful basis needed for this processing, including for identifiable people depicted in images. We may use service providers to carry out these activities. Where a model, aggregate, or other output has been developed using submitted content, deletion of the source content does not require us to remove non-identifiable learnings or improvements already incorporated into that output, where permitted by law.
We will not publicly publish, display, market, license, or otherwise make Your Content available outside the Service without your prior approval. AI-generated suggestions and other AI work are for your use within the Service and are intended only to enhance your gallery experience and workflow.
6. Service changes and ending use
We may update, maintain, or change the Service, including to address security, legal, or technical requirements. We will make reasonable efforts to give notice of material changes where practical. You may stop using the Service at any time. On termination, your right to use the Service ends; export or retain Your Content before closing an account. We may retain limited information as described in the Privacy Policy or where required by law.
7. Disclaimers and liability
The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim warranties not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will always be uninterrupted, error-free, or that any content will never be lost.
To the fullest extent permitted by law, FavoritShot will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunity arising from the Service. Nothing in these terms limits liability that cannot lawfully be limited.
8. Changes to these terms
We may revise these terms from time to time. The current version will be posted here with an updated effective date. If a change is material, we will provide reasonable notice through the Service or another appropriate channel. Continued use after the effective date means you accept the updated terms.
02
Privacy Policy
1. Information we collect
We collect information you provide, such as your name, email address, account details, workspace settings, support requests, and the content and selection data you choose to place in the Service. When a guest uses a gallery, we may collect the information they submit, such as a name, email address, selections, and comments.
We also collect limited technical information needed to run and protect the Service, including device and browser details, IP address, pages or features used, timestamps, and diagnostic logs.
2. How we use information
We use information to provide the Service; authenticate users; display and share galleries; record shortlists; operate integrations; answer support requests; prevent fraud and abuse; maintain security; and understand how to improve the Service. We may also use account information to send essential service and security communications.
3. AI-assisted gallery design
When you choose to use an AI Feature, we process the images, metadata, and instructions you submit to generate the requested design assistance and to operate, analyse, secure, develop, test, train, improve, and support our Service and AI systems. This may include creating transformed, derived, aggregated, or de-identified versions of that content, solely to enhance the FavoritShot experience and workflow. We may use automated systems and human review where needed for those purposes.
AI Features are optional. By submitting content to an AI Feature, you authorise these uses as described in the Terms of Service. We retain information in accordance with this policy; where permitted by law, deleting source content does not require removal of non-identifiable learnings or improvements already incorporated into a model, aggregate, or other output.
We do not publicly publish, display, market, license, or otherwise make submitted content available outside the Service without the customer’s prior approval. AI-generated work is used only to enhance the FavoritShot experience and workflow.
4. How information is shared
We share information with service providers that help us host, secure, analyse, support, or deliver the Service, subject to appropriate contractual safeguards. We share a photographer’s content and gallery information with the recipients the photographer chooses. We may also disclose information where required by law or to protect the rights, safety, and security of FavoritShot, our users, or others.
An AI service provider may receive the content you deliberately submit to an AI Feature to help us provide, operate, analyse, develop, train, test, improve, secure, and support our AI systems and Service solely to enhance the FavoritShot experience and workflow. We require appropriate contractual safeguards from such providers. We do not sell personal information.
5. Retention and security
We retain personal information for as long as needed to provide the Service, meet the purposes described here, resolve disputes, and comply with legal obligations. We use reasonable technical and organisational measures designed to protect information, but no online service can guarantee absolute security.
6. Your choices and rights
Depending on where you live, you may have rights to request access, correction, deletion, restriction, objection, or portability of your personal information. Photographers control the content and personal data they add to their workspaces; gallery guests should generally contact the photographer first. You may also contact us at support@favoritshot.com. We may need to verify your request before responding.
7. International transfers and updates
The Service may process information in countries other than the one where you live. Where required, we use appropriate safeguards for international transfers. We may update this policy as the Service or applicable law changes; the latest version and effective date will always appear on this page.
03
Data Processing Addendum
1. Roles and scope
Where applicable data-protection law treats a photographer or their organisation as the controller of personal data in Your Content, that customer is the “Controller” and FavoritShot is the “Processor.” We process that personal data only to provide, secure, and support the Service, on the Controller’s documented instructions, and as otherwise required by law.
2. Processing details
Processing may include collecting, storing, organising, retrieving, displaying, transmitting, and deleting personal data in uploaded photos and metadata, gallery records, recipient details, comments, selection information, and—only when the Controller enables an AI Feature—the images, metadata, and instructions submitted in connection with AI-assisted gallery design. The Controller instructs us to process that data as described in these terms to provide, operate, secure, support, develop, test, and improve the Service and its AI Features. Where FavoritShot processes personal data for its own purposes as a controller, the Privacy Policy applies. Processing continues for the term of the customer’s use of the Service and any retention period required by law or needed for security and dispute resolution.
3. Our commitments
We will ensure that people authorised to process personal data are bound by confidentiality obligations; apply appropriate technical and organisational security measures; assist the Controller, where reasonably possible, with data-subject requests and security obligations; notify the Controller without undue delay after becoming aware of a personal-data breach affecting the Service; and make information reasonably necessary to demonstrate these commitments available on request.
4. Sub-processors and deletion
We may use sub-processors to provide the Service, provided they are bound by data-protection obligations appropriate to their role. At the end of the Service, we will delete or return personal data in accordance with the customer’s instructions where technically feasible, except where retention is required by law.
A provider supporting an AI Feature is a sub-processor when it processes personal data on our behalf. We will engage it only for the documented AI Feature instructions and will require safeguards appropriate to the processing. When FavoritShot or a provider acts as an independent controller for a stated purpose, the applicable privacy notice and law govern that processing.