Effective date: September 12, 2026
These Terms of Use (the “Terms”) govern your use of the PhotoBerry Studio mobile application (the “App”), provided by Anna Widera – BerryPress, trading as BerryPress (“BerryPress,” “we,” “us,” or “our”). Contact details are provided in Section 15.
By using the App or uploading content through it, you agree to these Terms. If you do not agree, do not use the App or upload content.
1. Purpose of the App
PhotoBerry Studio helps photographers, event organisers, families, communities, and other authorised contributors collect photographs and videos for a positive, lawful purpose. The App allows a contributor to send media to a compatible PhotoBerry Studio gallery hosted on an independently managed WordPress website.
The App is an upload client. It does not provide a public social network, public feed, chat service, marketplace, or general-purpose web browser.
2. Gallery Owners and Contributors
A “Gallery Owner” is the person or organisation that operates or controls the WordPress website and gallery receiving content. A “Contributor” is a person who submits content to that gallery through the App.
The Gallery Owner independently determines:
- who may contribute to or view a gallery;
- whether submitted content is reviewed before publication;
- whether a gallery is private, access-restricted, unlisted, or public;
- the purpose and lawful basis for collecting content;
- retention, deletion, and moderation rules; and
- any additional gallery-specific terms.
Contributors must have the Gallery Owner’s permission to upload content and must comply with both these Terms and any gallery-specific terms shown before upload. If gallery-specific terms conflict with these Terms, the stricter content and safety requirement applies.
3. Eligibility and Minors
You must be legally capable of agreeing to these Terms. If you are under the age at which you may consent independently in your country, you may use the App only with permission and supervision from a parent or legal guardian.
Gallery Owners must obtain any parental or guardian permissions required before collecting or publishing content depicting children. Content that sexually exploits, abuses, endangers, or sexualises a minor is strictly prohibited and may be reported to the appropriate authorities.
4. Rights and Consent
You may upload only content that you created or are authorised to submit. Before uploading content, you must ensure that:
- you have all necessary copyright, privacy, publicity, and other rights;
- identifiable people have given any consent required for the intended use;
- the content does not disclose another person’s sensitive or private information without lawful authority; and
- uploading and any intended publication comply with applicable law.
You retain your rights in your content. Any permission needed by the Gallery Owner to store, process, display, or publish the content is governed by the Gallery Owner’s terms and arrangements with you. BerryPress does not acquire ownership of your content merely because you use the App.
5. Prohibited Content and Conduct
You must not use the App to upload, publish, share, solicit, encourage, or facilitate:
- nudity, pornography, sexually explicit content, sexual services, or non-consensual intimate imagery for public sharing;
- real-world graphic violence, gore, or severe physical injury outside a legitimate newsworthy, documentary, scientific, medical, or educational context;
- child sexual abuse material or any sexualised depiction of a minor;
- content promoting terrorism, violent extremism, hate, harassment, threats, stalking, or abuse;
- content promoting or facilitating illegal drugs, unlawful weapons, fraud, gambling offered unlawfully, trafficking, or other illegal activity;
- content that infringes copyright, trademarks, privacy, publicity, confidentiality, or other rights;
- deceptive, defamatory, malicious, or unlawfully discriminatory content;
- personal data obtained or disclosed without a valid legal basis;
- malware, harmful code, attempts to bypass access controls, or interference with the App, a gallery, or another system; or
- any content or conduct prohibited by applicable law.
These rules apply regardless of whether a Gallery Owner has configured a gallery as private, unlisted, or public. Gallery Owners must not invite or authorise uploads prohibited by this section.
6. Public and Private Galleries
The App does not decide whether a gallery is public. That decision is made by the Gallery Owner through the independently operated WordPress website.
A link, QR code, password, or unlisted URL does not by itself guarantee confidentiality. Contributors should confirm the intended audience with the Gallery Owner before uploading sensitive content. Gallery Owners are responsible for configuring and maintaining appropriate access controls and for informing Contributors who may view or receive submitted content.
7. Moderation and Enforcement
Gallery Owners are responsible for reviewing submissions, providing an appropriate reporting channel to their Contributors and viewers, responding to reports, and promptly removing unlawful or prohibited content from their websites.
Where legally and technically available, BerryPress may investigate a reported violation, ask a Gallery Owner to remove content, restrict compatibility or access, suspend use of the App in connection with a gallery, or refer suspected unlawful activity to the relevant service provider or authorities. We are not required to pre-screen every upload and cannot guarantee that a third-party Gallery Owner will prevent or remove all prohibited content.
8. Reporting Content or Misuse
To report content or conduct that may violate these Terms, contact he**@********ss.com and provide, where possible:
- the gallery URL;
- a description of the content or conduct;
- why you believe it violates these Terms; and
- information that helps locate the content without unnecessarily redistributing it.
Do not email illegal imagery. For immediate danger, contact local emergency services. Reports concerning content hosted by a Gallery Owner may be forwarded to that Gallery Owner or the relevant hosting provider so they can investigate and act.
9. Third-Party WordPress Websites
Gallery Owners’ WordPress websites are independent third-party services. BerryPress does not own, host, operate, endorse, or control those websites merely because they are compatible with the App. Their availability, security, content, privacy practices, moderation, and compliance are the responsibility of their respective operators.
The App’s compatibility with a gallery does not mean that BerryPress has approved the gallery or its content. You access and use third-party galleries subject to their operators’ terms and policies.
10. Privacy
Our handling of personal data is described in the PhotoBerry Studio Privacy Policy available at https://photoberrystudio.com/privacy-policy/. Gallery Owners are separate controllers or responsible parties for personal data they collect through their galleries and must provide their own legally required privacy information.
11. App Availability and Changes
We may update, modify, suspend, or discontinue all or part of the App where reasonably necessary, including for security, legal compliance, maintenance, or technical reasons. We do not guarantee uninterrupted or error-free operation or continued compatibility with every WordPress website, plugin version, device, or operating system.
12. Disclaimer
To the maximum extent permitted by applicable law, the App is provided “as is” and “as available.” BerryPress does not warrant the accuracy, legality, availability, safety, moderation, or continued storage of content submitted to or displayed by independently managed galleries.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded, including mandatory consumer rights.
13. Limitation of Liability
To the maximum extent permitted by applicable law, BerryPress is not liable for indirect, incidental, special, consequential, or punitive loss arising from:
- content uploaded by Contributors;
- a Gallery Owner’s publication, disclosure, moderation, retention, loss, or deletion of content;
- unauthorised access to an independently managed gallery;
- conduct or services of Gallery Owners, hosting providers, or other third parties; or
- use of the App contrary to these Terms or a Gallery Owner’s instructions.
Nothing in these Terms limits liability where doing so would be unlawful, including liability for fraud, wilful misconduct, or any other liability that applicable law does not permit us to exclude or limit.
14. Suspension and Termination
You may stop using the App at any time. We may restrict or terminate access to the App where reasonably necessary because of a material or repeated breach of these Terms, unlawful conduct, a security risk, or a legal requirement. Termination does not automatically delete content already transmitted to an independently managed gallery; deletion requests should be directed to the relevant Gallery Owner.
15. Operator and Contact
PhotoBerry Studio is provided by:
Anna Widera – BerryPress
Adama Mickiewicza 3c/25, 43-170 Łaziska Górne, Poland
NIP (Tax ID): 8992884264
General support: he**@********ss.com
Safety and content reports: he**@********ss.com
16. Governing Law
These Terms are governed by the laws of Poland, without prejudice to any mandatory protections and rights available to consumers under the law of their country of residence. Any court or dispute-resolution provision must comply with applicable mandatory consumer law.
17. Changes to These Terms
We may update these Terms to reflect changes to the App, law, safety requirements, or our services. We will identify the effective date of the current version and provide any notice or request renewed acceptance required by applicable law. Continued use after an update constitutes acceptance only where permitted by applicable law.