for the use of the ProofShare platform
(1) These Terms of Service (hereinafter "ToS") apply to the use of the online platform "ProofShare" (hereinafter "Platform"), operated by:
ProofShare
Andres Hoffmann
Neumeisterstrasse 15
13585 Berlin
(hereinafter "Operator")
(2) The Platform serves to provide, select and approve photographic images between photographers and their clients (hereinafter "Users").
(3) Deviating, conflicting or supplementary terms and conditions of Users shall not become part of the contract unless the Operator expressly agrees to their validity in writing.
(1) The Platform enables registered photographers to upload photo images and organise them into albums and shootings. Clients gain access via individual access codes.
(2) The scope of services includes in particular:
(3) The Operator endeavours to ensure high availability of the Platform but does not guarantee uninterrupted accessibility. Maintenance work, technical failures or force majeure may lead to temporary limitations.
(1) Use of the Platform as a photographer requires a user account. Registration currently takes place by invitation from the Operator or after a successful request via the contact form. Once self-registration is enabled, this will take place via the registration form on the Platform.
(2) By registering, the photographer enters into a subscription agreement with the Operator. Payment processing is handled by the third-party provider Stripe (cf. § 3a).
(3) Clients gain access via a personal access code provided by the photographer. Access is limited to the respective shooting.
(4) Access credentials must be kept confidential and must not be shared with third parties. Each user is responsible for all actions taken under their access.
(1) All photo images provided via the Platform are subject to the copyright of the respective photographer. The Platform itself acquires no usage rights to the uploaded content.
(2) The type and scope of the usage rights granted to the client for the photo images are governed exclusively by the agreement between the photographer and the client.
(3) Use of the Platform does not entitle the client to reproduce, distribute, make publicly accessible or otherwise exploit the photo images beyond the agreed purpose.
(4) Comments, annotations and other content entered by the client on the Platform may be used by the photographer for the provision of the agreed service.
(1) Users undertake to:
(2) In the event of a breach of these obligations, the Operator reserves the right to restrict or block the user's access.
(3) If there are substantiated grounds for suspecting that a user account has been taken over by unauthorised third parties, the Operator is entitled to temporarily block access and shall inform the user immediately. The Operator will take all reasonable steps to restore account access as quickly as possible.
The collection, processing and use of personal data is carried out in accordance with our Privacy Policy, which forms part of these Terms of Service.
Where the photographer processes personal data of their clients via the Platform, the Operator acts as a processor within the meaning of Art. 28 GDPR. The rights and obligations of the parties in this regard are governed by the Data Processing Agreement (DPA), which the photographer accepts upon registration and which forms an integral part of this contract.
(1) The Operator is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused by intentional or grossly negligent breach of duty.
(2) In cases of slight negligence, the Operator is only liable for breach of material contractual obligations (cardinal obligations). In such cases, liability is limited to the foreseeable, contract-typical damage.
(3) The Operator is not liable for loss of data insofar as the user has failed to take adequate data backup measures. In particular, it is recommended to back up original photo files independently of the Platform.
(4) Liability for hacking and unauthorised third-party access: The Operator shall not be liable for damages resulting from circumvention of password protection or comparable security mechanisms by unauthorised third parties ("hacking"), provided the Operator has taken technically reasonable security measures appropriate to the current state of the art. A binding guarantee of absolute security cannot be given given the continuously evolving methods of attack by unauthorised parties. This exclusion does not apply to damages caused by the Operator's own wilful misconduct or gross negligence, nor to damages arising from injury to life, body or health.
(5) The above limitations of liability also apply in favour of the Operator's vicarious agents.
(1) The Operator is released from its performance obligations for as long as and to the extent that the provision of services is prevented by an unforeseeable event beyond the Operator's reasonable control.
(2) Events of force majeure include in particular: coordinated cyber attacks on the Platform or its infrastructure (DoS/DDoS attacks, ransomware), sabotage, zero-day security vulnerabilities in third-party software used without an available patch, large-scale outages at critical sub-service providers (in particular Cloudflare, Stripe, Brevo), as well as natural disasters, pandemics and official orders.
(3) Unplanned emergency security updates and temporary service restrictions required to contain a security incident shall also not constitute a breach of the Operator's obligations.
(4) In the event of force majeure, the Operator shall inform affected users without undue delay and, where possible, provide an estimated timeline for restoration of service.
(1) Data stored on the Platform (in particular photos) will remain there until actively deleted by the photographer or at the client's request.
(2) The Operator is entitled to delete data after a reasonable period following termination or inactivity. Users will be informed in advance.
(3) Users are solely responsible for backing up their data.
(1) Use of the Platform as a photographer requires a paid subscription. The Operator offers the following subscription plans:
(2) The subscription runs on a monthly basis and renews automatically unless cancelled in time. Cancellation is possible at any time with effect from the end of the current billing period.
(3) Trial period: The Starter plan can be tested free of charge for 14 days. After the trial period, the paid subscription begins automatically unless cancelled beforehand.
(4) Payment processing is handled by the third-party provider Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland). By entering payment details, the user authorises Stripe to collect the applicable subscription fees. Credit card data and other payment information is stored exclusively with Stripe.
(5) In the event of payment default (status "past_due"), access to the Platform will be restricted. After a reasonable grace period and unsuccessful payment, the Operator may block the account and terminate the contract.
(6) When switching to a plan with a lower storage volume that is exceeded by the currently used storage, the Operator reserves the right to automatically delete the oldest content to comply with the new storage limit. The user will be informed accordingly.
(7) Invoices are issued monthly via Stripe and are available in the user account.
(1) The Operator reserves the right to amend these Terms with effect for the future, provided this is reasonable for the user taking into account the Operator's interests.
(2) Users will be notified of material changes in due time. If the user does not object to the amended Terms within four weeks of receiving the notification, the amended Terms shall be deemed accepted.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the Operator's registered office.
(3) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
Last updated: June 2026