Terms of Service

Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and We Are Constellation Pte. Ltd. ("Constellation," "we," "us," or "our"), a company incorporated in Singapore, governing your use of Folio (the "Service").

By using Folio, you agree to these Terms. If you don't agree, please don't use the Service.

Eligibility

• You must be at least 16 years old to use Folio
• You must provide accurate information when creating an account
• You must not be prohibited from using the Service under applicable law

Your Account

You are responsible for your account. That means:

• Keep your credentials secure and don't share them
• You're responsible for all activity under your account
• Let us know immediately if you suspect unauthorized access
• Keep your information accurate and up to date

We are not liable for losses caused by unauthorized access resulting from compromised credentials on your end.

Subdomains

Each portfolio is assigned a subdomain (e.g., yourname.folio.photo). Subdomains are provided as part of the Service and remain our property. We reserve the right to reclaim, reassign, or disable a subdomain at our discretion if it:

• Contains or promotes illegal content
• Infringes on trademarks, copyrights, or other intellectual property
• Impersonates Folio, Constellation, or any other person or brand
• Contains explicit, obscene, or offensive language
• Is misleading or deceptive
• Is being squatted (claimed but not actively used for a portfolio)

We will make reasonable efforts to notify you before taking action, except where immediate removal is required by law or to protect the Service.

What Folio Provides

Folio is a photography platform that provides:

• Cloud storage for photographs and images
• Organization tools — portfolios, galleries, tags
• Gallery sharing and client delivery
• Image metadata management

Your Content

Ownership

You own your work. Uploading to Folio does not transfer ownership. You retain all rights to your photos and content ("Your Content"). You are solely responsible for what you upload and any consequences of sharing it.

License You Grant Us

By uploading Your Content, you grant Folio a limited, non-exclusive, worldwide license to:

• Store, host, and back up Your Content
• Display Your Content to you and, where you choose, share it publicly
• Create thumbnails, previews, and format conversions necessary for the Service
• Cache Your Content via CDN for performance, including content that is not publicly shared

This license exists solely to operate the Service. It terminates when you delete Your Content, except for:

• Content in encrypted backups (cleared within 90 days)
• Content you made public that others have lawfully accessed

Content You Must Not Upload

You agree not to upload content that:

• Violates copyright, trademark, or other intellectual property rights
• Contains illegal material, including child sexual abuse material
• Contains nudity, sexually explicit material, or content we determine to be obscene — we may restrict or remove such content at our discretion
• Violates the privacy rights of others
• Contains malware, viruses, or malicious code

Copyright Notices

We respect intellectual property rights. If you believe content on Folio infringes your copyright, send a notice to [email protected] including:

• A description of the copyrighted work
• The location of the allegedly infringing content on Folio
• Your contact information
• A statement of good faith belief that the use is unauthorized
• A statement of accuracy (under penalty of perjury where applicable)
• Your physical or electronic signature

We will investigate and may remove content found to be infringing. This applies whether your claim falls under the DMCA, EU Copyright Directive, or equivalent laws in your jurisdiction.

Client and Gallery Viewer Access

When you share a gallery or deliver work to clients, those viewers access Folio without an account. By accessing a shared or public gallery, viewers agree to the following:

• Viewing a gallery doesn't grant any license to download, copy, or redistribute images — download permissions are set by the photographer, and any further usage rights are between you and them directly
• If a gallery is password-protected, don't share the password or link with anyone not intended to receive it
• Don't attempt to access content beyond what you've been explicitly given access to
• Don't scrape, bot, or automate access to galleries
• Don't use gallery access for illegal activity or to harm the Service

Access is granted by the photographer and can be revoked at any time. Folio is the delivery platform — questions about image rights, licensing, or usage belong with the photographer.

Subscription and Payment

Free and Paid Plans

Folio offers both free and paid plans. The free plan includes core features with storage limits. Paid plans unlock additional storage and capabilities. Current pricing is at folio.photo/pricing.

Free Trial

Paid plans include a 14-day free trial. During the trial you have full access to your chosen plan's features at no cost. No payment is collected until the trial ends. If you cancel before the trial period expires, you won't be charged — your account simply reverts to the free plan. If you don't cancel, your subscription begins automatically at the end of the trial and your chosen payment method is charged at the applicable rate.

Trial availability is limited to one per customer. We reserve the right to modify or discontinue free trials at any time.

Billing

• Paid subscriptions are billed monthly or annually on a recurring basis
• Payment is processed by Stripe — we never see or store your full card number
• You authorize us to charge your chosen payment method for the applicable fees

Pricing Changes

Prices may change with at least 30 days' notice to active subscribers. Any price change applies at your next billing cycle after the notice period.

Cancellation

• Cancel your paid subscription at any time
• You keep access to paid features until the end of your current billing period
• After that, your account reverts to the free plan (subject to storage limits)

Failed Payments

If a payment fails, Stripe will retry the charge automatically over approximately one week. If payment still can't be collected:

• You'll receive a 14-day grace period with full paid access to update your payment method
• After 14 days, your account reverts to the free plan
• If you're over the free plan storage limit at that point, the over-quota rules below apply

Over-Quota Accounts

If your account exceeds the storage limit for your current plan — because you downgraded, your subscription lapsed, or a payment failed — the following applies:

Read-only (30 days). Your account becomes read-only. You can view, download, and delete your content, and your public and shared galleries remain accessible to viewers. Uploads, renames, and file organization are paused. You can return to good standing at any point by deleting enough content or upgrading your plan.

Suspended (90 days). If your account is still over-quota after 30 days, it is suspended. Public and shared galleries go offline, and you'll need an active paid plan to restore access. We'll send warning emails when suspension begins and again at 30 days and 7 days before the next stage.

Deleted. If your account remains suspended after 90 days, it is permanently deleted along with all your content. We'll send a final warning before this happens.

Folio's Intellectual Property

The Folio platform — software, design, text, graphics, and features — is owned by Constellation. You may not copy, modify, distribute, sell, or reverse engineer any part of the Service. "Folio" and associated logos are trademarks of Constellation.

Your Data and AI

Your photos and content are never used to train, fine-tune, or evaluate AI or machine learning models — ours or anyone else's. See our Privacy Policy for details.

Acceptable Use

Don't use Folio to:

• Violate any laws or regulations
• Infringe on intellectual property or privacy rights
• Upload illegal or harmful content
• Harass, abuse, or threaten others
• Distribute spam, phishing, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Scrape, bot, or automate access without permission
• Resell the Service without authorization
• Impersonate others
• Create multiple accounts to work around plan limits or storage restrictions
• Use the free plan for ongoing commercial client delivery — delivering galleries to paying clients regularly requires a paid plan

Enforcement

We may remove content, disable galleries, reclaim subdomains, suspend accounts, or report illegal activity to authorities when violations occur. If we receive a report that your content or gallery violates these Terms, we will review it and may take action — including removing the content or restricting access — if we determine a violation has occurred. Repeated or severe violations result in permanent termination.

Privacy

Your use of Folio is also governed by our Privacy Policy, which describes how we collect, use, and protect your data.

Service Availability

Folio is provided "as is" and "as available." We work hard to keep things running smoothly, but we can't guarantee uninterrupted or error-free service. We may modify, suspend, or discontinue features as the product evolves.

We may perform scheduled or emergency maintenance and will try to notify you of planned downtime in advance.

Keep your own backups. While we maintain encrypted backups of your data, you are ultimately responsible for keeping copies of important work. We are not liable for data loss due to system failures, security incidents, or other causes beyond our control.

Limitation of Liability

To the maximum extent permitted by law:

• No indirect damages. We are not liable for indirect, incidental, consequential, or punitive damages arising from your use of Folio.
• Liability cap. Our total liability is limited to the amount you paid us in the 12 months preceding the claim.
• Third parties. We are not responsible for the actions of third-party services we integrate with (Stripe, Backblaze, Hetzner, etc.).

These limitations apply regardless of the legal theory and even if we have been advised of the possibility of such damages. They do not exclude liability that cannot be excluded under applicable law.

Indemnification

You agree to indemnify and hold harmless Constellation, its officers, directors, employees, and agents from claims arising from:

• Your violation of these Terms
• Your violation of any law or the rights of others
• Your Content
• Your use or misuse of the Service

Termination

By You

Delete your account at any time through your account settings, or contact [email protected] for help.

By Us

We may terminate your account if:

• You violate these Terms
• You engage in illegal activity
• Your account has been inactive for 24 months or more — we'll send warning emails at 90 days and 30 days before any action
• We discontinue the Service (with reasonable notice)

What Happens After

• Your right to use the Service ends
• We delete Your Content within 30 days (except where law requires retention)
• Provisions that should survive termination (Intellectual Property, Limitation of Liability, Indemnification, Dispute Resolution) remain in effect

Dispute Resolution

Informal Resolution First

Before filing any legal claim, contact us at [email protected]. Both parties agree to negotiate in good faith for at least 30 days before initiating formal proceedings.

Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict of law principles.

Arbitration

If informal resolution doesn't work, disputes will be resolved by binding arbitration administered by the Singapore International Arbitration Centre (SIAC) under its rules. Arbitration will be conducted in English and may be conducted remotely where appropriate.

Exceptions: Either party may seek injunctive relief in court for intellectual property infringement, data breaches, or unauthorized access. Claims eligible for small claims court in your jurisdiction may be brought there instead.

Mandatory Local Laws

Nothing in these Terms limits rights that cannot be waived or limited by contract under the laws of your jurisdiction. Where local consumer protection laws apply, they take precedence over conflicting provisions here.

Changes to These Terms

We may update these Terms from time to time. When we do:

• We'll notify you by email or prominent notice on the Service
• Changes take effect 30 days after notification (or immediately where required for legal or security reasons)
• If a change materially affects your rights, we'll give you the option to accept or close your account

General

• Entire agreement. These Terms and our Privacy Policy constitute the full agreement between you and Constellation.
• Severability. If any provision is found unenforceable, the rest remain in effect.
• No waiver. Our failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms. We may assign ours to a successor or affiliate.
• Force majeure. We are not liable for delays or failures due to causes beyond our reasonable control.
• Feedback. If you share suggestions or feedback, we may use them without obligation or compensation.

Contact

Questions about these Terms or copyright notices:

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These Terms of Service are effective as of the date stated above.