Plain English summary: By using Cloud Portrait, you agree to these Terms. You keep full ownership of your photos. You are responsible for what you post. We may suspend accounts that violate these Terms. For consumer rights that cannot be waived by contract, your local laws always take precedence.
1. Parties & Acceptance
These Terms of Service ("Terms") are a legally binding agreement between you ("User", "you") and Cloud Portrait ("we", "us", "our"), the operator of the Cloud Portrait mobile application and the website at cloud-portrait.web.app (collectively, the "App").
By downloading, installing, accessing or using the App, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not use the App.
Where you use the App on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
2. Eligibility & Age
COPPA (US)GDPR Art. 8LGPD Art. 14
You must be at least 13 years of age to use Cloud Portrait. In jurisdictions where a higher minimum age applies for digital services (for example, 16 years in certain EU/EEA member states), you must meet that higher age requirement.
If you are under 18 (or the age of majority in your jurisdiction), you confirm that your parent or legal guardian has reviewed and consented to these Terms on your behalf, and that they accept responsibility for your use of the App.
We do not knowingly allow children below the applicable minimum age to create accounts. If we discover that an account belongs to a child below the minimum age, we will suspend it and delete the associated data without notice.
3. Your Account
Registration
To access most features of Cloud Portrait, you must register for an account. You agree to provide accurate, current and complete information during registration, and to keep your account information up to date at all times. Providing false or misleading information is grounds for immediate termination.
Account security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately through the App's support section if you suspect any unauthorised access to or use of your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your credentials.
One account per person
Each person may maintain only one personal account. Creating multiple accounts to circumvent a suspension or other restriction is prohibited and may result in all associated accounts being permanently terminated.
Account transfer
Your account is personal to you and may not be sold, transferred or assigned to any other person or entity.
4. User Content & Licence
You own your photos. Cloud Portrait does not claim ownership over any content you upload. We will never sell or license your photographs to third parties.
Ownership
All photographs, images, captions, comments and other material you upload or create within the App ("User Content") remain your property, subject to any rights held by third parties depicted in or associated with such content.
Licence you grant us
By uploading User Content, you grant Cloud Portrait a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, distribute and make available your content solely for the purposes of:
- Operating and providing the App and its features to you and other users
- Displaying your public content to other users in accordance with your privacy settings
- Making technical copies necessary for backup, caching and content delivery
- Improving the App's performance and reliability through aggregated, anonymised analysis
This licence does not permit us to use your content for advertising purposes, or to sell or sublicense your photographs to third parties. The licence ends when you delete the content or your account, subject to our data retention obligations.
Your representations
By posting User Content, you represent and warrant that:
- You own or have all necessary rights and permissions to share the content
- You have obtained the informed consent of any identifiable individuals who appear in your photographs, including for the purpose of uploading and sharing on a public platform
- Your content does not infringe any copyright, trademark, privacy, publicity or other rights of any third party
- Your content complies with all applicable laws and regulations in your jurisdiction and in any jurisdiction where it may be viewed
- Your content does not contain malware, viruses or other harmful code
Copyright infringement (DMCA / notice and takedown)
If you believe that content on Cloud Portrait infringes your copyright, please submit a notice through the App's support section including: (i) identification of the copyrighted work; (ii) identification of the allegedly infringing material and its location in the App; (iii) your contact information; (iv) a statement of good faith belief; and (v) a statement of accuracy under penalty of perjury. We will respond to valid notices in accordance with applicable law, including the US Digital Millennium Copyright Act (DMCA) and equivalent laws in other jurisdictions.
5. Acceptable Use
You agree to use Cloud Portrait only for lawful purposes and in accordance with these Terms. The following are strictly prohibited:
Harmful or illegal content
- Content that is unlawful, defamatory, threatening, harassing, abusive, hateful, or discriminatory on the basis of race, ethnicity, gender, religion, sexual orientation, disability or any other protected characteristic
- Nudity or sexually explicit material, except where expressly permitted by applicable law and a dedicated age-verified feature (currently not offered)
- Any content that sexually exploits, endangers or depicts minors in any way — this is a zero-tolerance policy and will be reported to the relevant authorities
- Content that promotes, glorifies or facilitates violence, self-harm, terrorism or other criminal activity
Privacy & identity violations
- Posting photos or personal information about another person without their consent
- Impersonating any person, entity or organisation, or misrepresenting your affiliation with any person or entity
- Collecting, scraping or harvesting personal data about other users without their explicit consent
- Stalking, doxing or otherwise harassing other users on or off the platform
Technical misuse
- Accessing the App using automated bots, scrapers or other non-human means without our prior written consent
- Attempting to probe, scan or test the vulnerability of our systems, or breach any security or authentication measures
- Introducing viruses, malware, ransomware or any other harmful code into the App or its infrastructure
- Interfering with or disrupting the integrity or performance of the App or its servers
- Circumventing any technical measures we use to enforce these Terms (e.g. account bans)
- Reverse-engineering, decompiling or disassembling any part of the App except to the extent permitted by applicable law
Commercial misuse
- Using the App for unsolicited commercial communications (spam)
- Advertising, promoting or selling products or services through the App without our prior written consent
- Reselling, sublicensing or otherwise commercially exploiting access to the App
We reserve the right to investigate violations and take appropriate action, including removing content, suspending or permanently terminating accounts, and referring matters to law enforcement authorities where required by law or where we deem it appropriate.
6. Intellectual Property
The Cloud Portrait name, logo, visual design, and all trademarks, service marks and trade dress associated with the App are the exclusive property of Cloud Portrait or its licensors. Nothing in these Terms grants you any right to use these marks.
The App's software, code, architecture, user interface and all other content not uploaded by users are protected by copyright, database rights and other intellectual property laws worldwide. You may not copy, modify, distribute, sell or lease any part of the App, or reverse-engineer or attempt to extract its source code, except as expressly permitted by applicable law or by us in writing.
Any feedback, suggestions or ideas you provide about the App may be used by us freely and without any obligation or compensation to you.
7. Third-Party Services
The App integrates with and may link to third-party services, including:
- Google Sign-In — authentication service subject to Google's Terms of Service
- Firebase / Google Cloud — backend infrastructure and storage
- Advertising networks — including Google AdMob and partners listed in our app-ads.txt
- Analytics providers — for crash reporting and usage analysis
Your use of these third-party services is governed by their own terms and privacy policies. We are not responsible for the practices, content or availability of third-party services, and their inclusion in the App does not constitute an endorsement.
Third-party links within user content or elsewhere in the App are provided for convenience only. We do not control and are not responsible for the content of external websites.
8. Availability & Changes to the App
We provide the App on an "as available" basis and do not guarantee uninterrupted or error-free operation. We may, without notice or liability:
- Modify, update or discontinue any feature or aspect of the App
- Perform scheduled or emergency maintenance that may temporarily restrict access
- Impose limits on certain features or restrict access to parts of the App
Where we decide to permanently discontinue the App or materially reduce its core functionality, we will provide reasonable advance notice to registered users where technically feasible.
9. Suspension & Termination
Termination by you
You may close your account at any time through the App's account settings. Upon account deletion, your public profile and content will be removed from view promptly, and your personal data will be deleted in accordance with our Privacy Policy.
Suspension or termination by us
We may suspend or permanently terminate your account, with or without prior notice, if we reasonably believe that:
- You have violated these Terms or our community guidelines
- Your conduct poses a risk of harm to other users, third parties or us
- We are required to do so by law or court order
- Continued provision of the service to you is no longer commercially viable
Where we suspend or terminate your account for a breach of these Terms, we will inform you of the reason unless doing so is prohibited by law or would compromise a security investigation.
Effect of termination
Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination — including Sections 4 (User Content), 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability) and 13 (Disputes) — will continue to apply.
Appeals
If you believe your account was terminated in error, you may contact us through cloud-portrait.web.app to request a review. We will consider your appeal in good faith and respond within a reasonable time.
10. Disclaimers
All jurisdictions
To the fullest extent permitted by applicable law, the App is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy or availability.
We do not warrant that:
- The App will meet your specific requirements or expectations
- The App will be uninterrupted, timely, secure or error-free
- Any errors or defects in the App will be corrected
- The App is free of viruses or other harmful components
- User-generated content on the App is accurate, complete or appropriate
We are not responsible for the conduct, content or actions of other users of the App. You interact with other users at your own risk.
11. Limitation of Liability
EU Consumer LawAustralian Consumer LawUK CRA 2015
To the fullest extent permitted by applicable law, Cloud Portrait and its officers, directors, employees, agents and licensors shall not be liable for any:
- Indirect, incidental, special, consequential, exemplary or punitive damages
- Loss of profits, revenue, data, goodwill or business opportunities
- Damages arising from your inability to access or use the App, or from any content posted by other users
- Unauthorised access to or alteration of your content or account
Where liability cannot be excluded by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the App shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $50.
Important notice for consumers: Nothing in these Terms limits or excludes any liability that cannot be legally excluded under applicable consumer protection law in your jurisdiction. Statutory rights — including those under EU consumer law, the UK Consumer Rights Act 2015, the Australian Consumer Law, or equivalent legislation — are not affected by these Terms.
12. Consumer Rights
EU Directive 2019/770UK CRA 2015Australian Consumer LawBrazil CDC
EU / EEA and UK users
If you are a consumer resident in the EU/EEA or United Kingdom, you have statutory rights that these Terms cannot override, including:
- The right to a digital service that conforms to the contract (EU Directive 2019/770; UK Consumer Rights Act 2015)
- Remedies for non-conforming digital services, including repair, replacement or price reduction
- A 14-day right of withdrawal from any paid in-app purchases (where applicable), unless the digital content has been delivered and you acknowledged that your right of withdrawal would be lost upon delivery
- Protection against unfair contract terms under the EU Unfair Terms Directive and equivalent UK law
Australian users
If you are an Australian consumer, you have rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded, including consumer guarantees. Our liability to you for a breach of a consumer guarantee is limited to re-supply of the service or payment of the cost of having the service re-supplied, to the extent permitted by law.
Brazilian users
If you are a consumer resident in Brazil, the Brazilian Consumer Defence Code (Código de Defesa do Consumidor — CDC, Law No. 8,078/1990) applies. Clauses that are abusive under the CDC are unenforceable. You have the right to clear, accurate information about the App and its terms. Any disputes may be submitted to consumer protection bodies (PROCONs) or the national consumer portal (consumidor.gov.br).
General consumer protection
Regardless of jurisdiction, we are committed to treating all users fairly. If you experience a problem with the App, please contact us first — we will do our best to resolve your issue quickly and fairly.
13. Disputes & Governing Law
Informal resolution
We prefer to resolve disputes without formal legal proceedings. If you have a dispute with us, please contact us through the App's support section first. We will try to resolve it within 30 days.
Governing law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Cloud Portrait is established, without regard to conflict-of-law principles.
Consumer exception: If you are a consumer, you may also benefit from any mandatory provisions of the law of the country where you reside. Nothing in this clause deprives you of the protection afforded by provisions that cannot be derogated from by agreement under that law. EU consumers may also access the European Commission's Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr.
No class actions
To the extent permitted by applicable law, you agree that any dispute will be resolved on an individual basis and not as part of a class, consolidated or representative action. This clause does not apply where prohibited by law (for example, in certain EU jurisdictions).
Limitation period
Any claim arising out of or relating to these Terms must be brought within one (1) year of the date the cause of action arose, to the extent permitted by applicable law. Consumer statutory limitation periods are not affected.
14. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, applicable law or business practices. When we make material changes, we will:
- Update the "Last updated" date at the top of this page
- Notify you via an in-app notice at least 15 days before the new Terms take effect (or longer where required by law)
- Where required by law, seek your renewed consent before the changes apply to you
If you continue to use the App after the effective date of any updated Terms, you accept the new Terms. If you do not agree to the updated Terms, you must stop using the App and may delete your account.
For EU/EEA and UK consumers, where a change to these Terms is to your material detriment, you may terminate your account without penalty before the change takes effect.