Terms & Conditions – picster.pro

Last updated AUG 2025

This Terms of Service agreement (the “Agreement”) is made between ONLINE MONITORING LIMITED, incorporated and registered in England and Wales under company number 16144945 with its registered office at 43 Owston Road, Carcroft, Doncaster, United Kingdom, DN6 8DA (the “Supplier”), and any user of the Supplier’s services (the “Customer”). Each of the Supplier and the Customer is a “party” and together they are the “parties”.

By creating an account or purchasing credits on the Supplier’s website (the “Website”), the Customer agrees to be bound by this Agreement from the date of first use (the “Commencement Date”). If the Customer does not agree, they may not use the Services (as defined below).

1. INTERPRETATION

In this Agreement:

“Applicable Laws” means all laws, regulations, and requirements applicable in England and Wales and, where relevant, in the Customer’s jurisdiction.
“Credits” means digital credits purchased on the Website for use in acquiring licences to download Images.
“Customer Data” means data input by the Customer or on the Customer’s behalf for the purpose of using the Services.
“Documentation” means any information provided by the Supplier describing how to use the Services.
“Images” means photographic, graphic, or other visual works made available for licence on the Website.
“Services” means the Supplier’s platform allowing Customers to purchase and redeem Credits in exchange for licences to download Images.
“Software” means the Supplier’s software applications provided as part of the Services.

2. LICENCE TO USE SERVICES

The Supplier grants the Customer a non-exclusive, non-transferable right to access and use the Services and Documentation for internal business or personal use, in accordance with this Agreement.

The Customer shall not:

introduce viruses, malware, or harmful code into the Services;
copy, modify, or reverse engineer the Software;
resell, sublicense, or share login details with unauthorised persons.

3. SERVICES

The Supplier shall make the Services available on the Website. Availability may vary due to maintenance or unforeseen issues. The Supplier does not guarantee uninterrupted or error-free access.

4. THIRD PARTY PROVIDERS

The Services may contain links to third-party services or websites. The Supplier is not responsible for, and shall not be liable in respect of, any third-party content, products, or transactions.

5. CUSTOMER DATA

The Customer retains ownership of all Customer Data. Both parties shall comply with Applicable Laws relating to data protection. Details of personal data processing are outlined in Schedule 1.

6. SUPPLIER’S OBLIGATIONS

The Supplier shall use reasonable care and skill to provide the Services substantially as described in the Documentation. However, the Supplier does not warrant that the Services will always be available or error-free.

7. CUSTOMER’S OBLIGATIONS

The Customer shall:

ensure their systems are compatible with the Services;
comply with Applicable Laws when using the Services;
keep login credentials secure and confidential.

If the Customer uploads any content (e.g. images, data, comments), they warrant that they have the necessary rights to do so and that such content does not infringe third-party rights.

All content uploaded by Customers or Contributors is subject to pre-approval review under the Supplier’s Content Moderation and Removal Policy.

8. CREDITS AND PAYMENTS

Customers may purchase Credits via the Website using the payment methods specified (including Visa and Mastercard).
Credits may be redeemed for licences to download Images from the Website.
All purchases of Credits and any redeemed Images are final. Once an Image has been downloaded, the Customer has no right to cancel or request a refund, as digital downloads are non-returnable.
The value of 1 credit is set at 0.25 EUR (or the currency chosen by Customer).
Credits are personal to the Customer and may not be resold, transferred, or exchanged for cash.
The Supplier may change the price of Credits at any time, but such changes shall not affect Credits already purchased.
Credits may expire after a period of 12 months from purchase (expiry details will be clearly displayed at the point of purchase).

9. PROPRIETARY RIGHTS

All intellectual property in the Services, Software, Documentation, and Images belongs to the Supplier or its contributors. Customers obtain only the licence rights expressly set out in this Agreement and the applicable Image Licence Terms.

10. CONFIDENTIALITY

Each party shall keep the other’s confidential information secure and shall not disclose it except as required by law. Customer Data shall be treated as confidential information.

11. INDEMNITY

The Supplier shall indemnify the Customer against any third-party claim that permitted use of the Services infringes intellectual property rights, subject to Customer promptly notifying the Supplier.
The Customer shall indemnify the Supplier against claims arising from any content uploaded or provided by the Customer which infringes third-party rights or breaches Applicable Laws.

12. LIMITATION OF LIABILITY

The Supplier shall not be liable for indirect, incidental, or consequential losses.
The Supplier’s total liability under this Agreement shall not exceed the total amount paid by the Customer for Credits in the 12 months preceding the claim.

13. TERM AND TERMINATION

The Customer may stop using the Services at any time.
The Supplier may suspend or close an account if the Customer breaches this Agreement or uses the Services unlawfully.
Any unused Credits at the time of account closure are forfeited and non-refundable, unless required by law.

14. FORCE MAJEURE

The Supplier is not liable for any failure or delay caused by events beyond its reasonable control (including natural disasters, internet failures, labour disputes, or government restrictions).

15. VARIATION

Amendments must be in writing and signed by both parties.

16.WAIVER

Failure to enforce any provision shall not constitute a waiver of rights.

17. SEVERANCE

If any provision is invalid or unenforceable, the remaining provisions remain in effect.

18. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior

19. ASSIGNMENT

The Customer may not transfer this Agreement without the Supplier’s consent. The Supplier may assign its rights and obligations on giving notice to the Customer.

20. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement creates a partnership, joint venture, or agency relationship.

21. THIRD PARTY RIGHTS

No third party shall have any rights to enforce this Agreement.

22. NOTICES

Notices must be in writing and delivered by hand, post, or email to the contact details specified on the Website or provided by the Customer during registration. Notices are effective when received.

GOVERNING LAW AND JURISDICTION

This Agreement is governed by English law. The courts of England and Wales shall have exclusive jurisdiction over any disputes.

Schedule 1 – Data Processing

Scope and Purpose: Processing Customer Personal Data to provide the Services.
Nature: Storage, hosting, and transfer of data uploaded by Customers.
Duration: For as long as the Customer maintains an account and as required by law thereafter.
Types of Personal Data: Information uploaded by Customers, including account details, names, contact information, and identifiable individuals in images.
Categories of Data Subjects: Customers, contributors, and individuals identifiable in uploaded content.