Terms of use and service agreement

For photographers and studios with a FotoHook account · Last updated: 2 September 2026

1. Parties and purpose

These terms govern the contracting and use of the FotoHook platform between APLICACIONES SAAS IBÉRICA, S.L. (Sole-Shareholder Company), Tax ID (NIF) B93773620, with registered address at Avenida Cañada de los Fenicios, Aldea 5, Casa 24, 18150 Gójar (Granada), registered with the Companies Registry of Granada, sheet GR-00065546, email hola@fotohook.com (hereinafter, "FotoHook"), and the individual or legal entity that creates an account (hereinafter, "the Photographer").

By ticking the acceptance box during registration, the Photographer declares that they have read and accepted these terms, the Legal notice, the Privacy policy and Annex I to this document, which contains the data processing agreement required by article 28 of the GDPR.

2. Requirements to subscribe

The Photographer must be of legal age and have the legal capacity to enter into a contract. The service is intended for photography professionals and studios. If you subscribe as a business or professional, consumer protection rules, including the right of withdrawal, do not apply to you; if you subscribe as a consumer, they do apply, on the terms set out on the withdrawal page.

3. Description of the service

FotoHook is a cloud service that allows you to create private galleries, deliver photographs to clients, sell them and manage school class composites ("orlas"). The Photographer is solely responsible for the content they publish, the prices they set and their relationship with their clients. FotoHook is not a party to those contracts and does not receive any commission on photograph sales.

4. Plans, prices and taxes

The prices shown do not include VAT, which will be applied at the rate in force at the time of billing and will be itemised on the invoice. For clients in other EU Member States with a valid intra-EU VAT number, the reverse charge rules will apply. FotoHook may change its rates by giving at least 30 days' notice; if you disagree, you may cancel before the new rate takes effect without penalty.

5. Trial period, renewal and cancellation

• The subscription includes a 14-day trial period. No charge is made during the trial.
• When the trial ends, if you have not cancelled, the subscription is activated and the chosen plan is charged automatically.
• The subscription renews automatically every month until you cancel it.
• You may cancel at any time from your dashboard or by writing to hola@fotohook.com. Cancellation takes effect at the end of the period already paid; periods already begun are not refunded on a pro-rata basis.
• We will notify you by email before the first charge after the trial.

6. Billing and payment

Payment is made by card through Stripe Payments Europe, Ltd. FotoHook does not store your full card details. Invoices are issued electronically and made available for download. In the event of non-payment, FotoHook may suspend access to the account after notifying you, and may terminate the contract if the non-payment continues for more than 30 days.

7. Obligations of the Photographer

By using FotoHook you agree to:

• Hold the rights to the photographs you upload and the image-use authorisations of everyone who appears in them (art. 2 of Organic Law 1/1982, the Spanish law on the right to honour, personal and family privacy and one's own image).
• Obtain, whenever children under 14 are involved, the consent of their father, mother or legal guardian, and keep proof of that consent (art. 7 LOPDGDD, the Spanish Data Protection Act).
• Inform your clients that their data is processed on the platform and provide them with your own privacy policy as the data controller.
• Handle rights requests from your clients; FotoHook will provide you with the necessary technical support.
• Not publish unlawful, offensive or discriminatory content, or content that infringes third-party rights.
• Safeguard your credentials and not share them. You are responsible for any activity carried out through your account.
• Correctly configure your own payment gateways (Stripe or Redsys) and comply with your tax obligations arising from your sales.

Failure to comply with these obligations entitles FotoHook to suspend or cancel the account, after prior notice, unless the severity of the breach or an order from a competent authority requires immediate removal.

8. Intellectual property in your content

The photographs and content you upload remain yours. FotoHook does not acquire any rights over them beyond the limited, non-exclusive and free licence needed to host them, process them (generate thumbnails and watermarks) and display them to the recipients you authorise, solely for the purpose of providing you with the service. This licence ends when you delete the content or close your account.

9. Availability and liability

FotoHook takes reasonable steps to keep the service available, but does not guarantee uninterrupted or error-free operation. It may carry out maintenance downtime, giving advance notice whenever possible.

Except in cases of wilful misconduct or gross negligence, and without prejudice to the rights that the law grants to consumers, FotoHook's liability towards the Photographer is limited to the amount of the monthly fees actually paid in the 12 months prior to the event giving rise to the claim. FotoHook is not liable for loss of profit or for damage arising from content uploaded by the Photographer or from the absence of image-use authorisations.

10. Retention and retrieval of your data

After the account is cancelled, FotoHook will retain your content for 30 calendar days to allow you to retrieve it or reactivate the service. After that period it will be securely deleted, except for data we must retain by legal obligation (invoicing). You may request an export of your data at any time.

11. Data protection

The processing of your data as a client is described in the Privacy policy. The processing of your clients' data is governed by the data processing agreement in Annex I, which forms an inseparable part of these terms.

12. Amendment of these terms

FotoHook may amend these terms for legal, technical or service-evolution reasons, giving 30 days' notice. If you do not accept the changes, you may cancel your subscription before they take effect.

13. Governing law and dispute resolution

These terms are governed by Spanish law. If the Photographer is a consumer, the courts of their domicile will have jurisdiction and they may use the European online dispute resolution platform. In contracts with professionals or businesses, the parties submit to the courts of Granada.

Annex I — Data processing agreement (art. 28 GDPR)

This annex is concluded upon acceptance of these terms during registration and replaces any prior agreement on the same subject matter.

1. Parties and role. The Photographer acts as data controller for the data of their clients and of the people who appear in their photographs. FotoHook acts as data processor and processes that data solely on the Photographer's documented instructions, which are understood to be embodied in the configuration the Photographer sets up on the platform.

2. Subject matter, nature and purpose. Hosting, processing and delivery of photographs; management of galleries, users, orders, downloads, statistics and school class composites ("orlas"), for the sole purpose of providing the contracted service.

3. Duration. For as long as the subscription remains in force, plus the 30-day retrieval period set out in clause 10.

4. Types of data. Identification data (first name, surname, email), encrypted credentials, images of individuals, usage data (views, favourites, votes), order data and, in the class composite ("orla") module, the image-use authorisation together with its date and IP address.

5. Categories of data subjects. The Photographer's clients, event attendees, students and their families, and anyone who appears in the photographs.

6. FotoHook's obligations as processor. Under art. 28.3 GDPR, FotoHook undertakes to:

1. Process the data only on the controller's documented instructions, including as regards international transfers, unless required to do otherwise by law, in which case it will inform the controller beforehand.
2. Ensure that persons authorised to process the data have committed to observe confidentiality.
3. Apply the security measures required by art. 32 GDPR described in point 8 of this annex.
4. Not engage sub-processors without authorisation. The controller expressly authorises the sub-processors listed in point 7; FotoHook will inform the controller of any change sufficiently in advance to allow the controller to object.
5. Assist the controller so that the controller can respond to data subjects exercising their rights, by providing the necessary tools on the platform.
6. Help the controller comply with arts. 32 to 36 GDPR, including notification of security breaches, which will be reported without undue delay and within a maximum of 48 hours of FotoHook becoming aware of them.
7. At the controller's choice, delete or return the data once the service ends, and delete any existing copies unless retention is required by law.
8. Make available to the controller the information necessary to demonstrate compliance and to allow audits, including inspections, with reasonable notice and without compromising the security of other clients.

7. Authorised sub-processors.

8. Security measures. Encryption of communications (HTTPS/TLS), passwords stored using bcrypt hashing, CSRF protection on all forms, login attempt limiting, role- and account-based access control (isolation between photographers), photographs stored outside the server's public directory and served only on authorised request, watermarking for client views, activity logging and regular backups.

9. Obligations of the Photographer as controller. Have a legal basis for the processing, inform data subjects, obtain and keep image-use authorisations and parental consents, and notify FotoHook of any relevant instruction or incident.