Phottate terms of service

Upcoming version: draft dated 2026-10-14 — discounts and referrals.

This draft does not replace the current version dated 2026-10-01. Its effective date will be set after legal review, resolution of discrepancies between the documents and how the service operates, and notice given at least 14 days in advance. Current version and its archived copy.

These terms govern use of Phottate, including the purchase and use of credits. You enter into an agreement with us by accepting the terms during registration and activating your account. If you provide us with other individuals’ personal data in your material as their controller, the data processing agreement, which forms Annex 1, also applies.

1. Definitions

The version of the terms accepted at registration and with an order is recorded together with the acceptance date. Acceptance history is retained. Acknowledging the privacy policy does not mean consenting to unrestricted data processing.

• Service — the Phottate application available at phottate.com, used to create property neighbourhood presentations, process photos, and prepare videos and reels, including with the assistance of artificial intelligence.
• Account — a space in the Service identified by an email address, which you access after signing in with a one-time code.
• Project — a collection of data about a single property: its address, coordinates, settings and associated material.
• Material — content created or processed in the Service, including map animations, corrected or virtually staged photos, video shots, text, voiceover recordings, videos and reels.
• Credit — an internal accounting unit of the Service, granted after purchasing a pack and charged for specified operations. It is not a means of payment.
• Public page — a URL that makes a presentation or completed video available without signing in, using an identifier that is difficult to guess.

2. Entering into the agreement, accounts and sign-in

• You enter into the agreement by accepting these terms in the registration form and creating an account. The account is created after you click the activation link sent to your email address. The link is valid for 24 hours and works once. We do not use passwords.
• You sign in with a six-digit code sent to your email address. The code is valid for 10 minutes, works once, and works only in the browser where you requested sign-in.
• The Service is intended for adults. You maintain one account per email address and are responsible for whom you share your sign-in code or activation link with.
• Profile details (name, agency, logo and phone number) must be accurate and lawful. Some may appear in Materials and on Public pages according to your settings and the feature you use.
• You can use the Service on a typical current device with a browser, internet access and the ability to receive email. Downloading and playing videos requires software that supports MP4.
• Your Account is maintained for an indefinite period. You can stop using it by deleting it under section 11. Purchasing a credit pack is a separate transaction on the terms shown before payment.

3. Credits and prices

• Paid operations are charged in credits. We show the cost of an operation before you start it, and pack prices and sizes before purchase. The price of one credit depends on the selected pack or plan. Fixed-term plans are paid for once and do not renew automatically. We show the period, price, number of credits and expiry date before payment.
• Stripe handles one-time payments. Credits appear in your account after payment is confirmed. Order history and invoices are available in the dashboard.
• Depending on the operation, credits are charged when it is requested or after the result for which we charge is established. We refund credits charged for a permanently failed technical job. If the result is available from the provider, you may first retry downloading it without being charged again. If credits have not been returned despite a failed job, report it under section 9.
• Dissatisfaction with an operation that was carried out correctly does not entitle you to free regeneration. This does not limit your right to complain, withdraw, or exercise other statutory rights.
• The first map animation on your account is free and has a watermark. Manually arranging edits and reels is free. The first 10 renders of edits and reels combined in a project fall within the free allowance; subsequent renders are charged. Other features may be free or paid, as indicated in the application.
• Credits purchased under previous terms remain valid indefinitely. New plan credits expire at the end of the paid period. The full allowance becomes available after payment is confirmed. Credits with the earliest expiry date are used first. The expiry date and history remain visible in the dashboard after expiry.
• Additional credits can only be purchased while a plan is active. They expire with it and do not extend its period. Another plan can be purchased after the current one ends. Credits can be spent on different operations. The stated number of videos describes a budget for standard generations, not a limit on projects or a guarantee of AI results.
• Credits refunded for a failed job return to their original allowance with its original expiry date. A refund after expiry does not renew validity. A top-up payment confirmed after the plan ends requires a refund by support; we do not grant credits that can no longer be used.
• Credits cannot be transferred to another account or paid out, except for refunds that are due. We settle payment refunds against the relevant purchase. A full plan refund ends eligibility for further top-ups. This does not change the original expiry date of separately paid top-ups.

3a. Discount codes

The administrator makes percentage discounts, fixed PLN discounts or 100% discounts available through Stripe. Enter the code on the Stripe Checkout payment page, where you will see the discount and final amount before confirming purchase. Phottate shows the pack price including tax and the number of credits. A discount does not reduce the number of credits purchased.

The administrator sets campaign terms and code restrictions in Stripe, including expiry, usage limits, minimum amounts or customer restrictions. We do not set a general usage limit per Phottate account. Stripe checks eligibility during payment. A pack with a 100% discount may be free. Entering a code does not create or change an account’s attribution to a partner. We do not apply an automatic partner discount.

Local code definitions are historical and do not automatically become Stripe codes. Existing payment sessions retain their previously agreed terms. Returning from a cancellation page or experiencing a network error does not confirm that a payment has ended; support can reconcile its status. Settlement uses the amount actually paid. An order worth PLN 0 is not eligible for a monetary refund. These provisions do not limit consumer rights under section 8, complaints under section 9 or other statutory rights.

3b. Partner programme

Participation requires the administrator to grant partner status individually and agree a commission rate. An administrator account cannot be a partner. The partner receives a permanent registration link with a random identifier. Partners may share Stripe codes themselves; a code does not replace the referral link.

A referral applies only to a new account created from a direct link. We record it with the registration attempt before sending the activation link and assign it after verified account creation, including when activation occurs on another device. We do not use a persistent referral cookie. We do not attribute existing accounts or subsequent unrelated visits. The original account attribution remains for later purchases; commissions are not awarded retroactively. Self-referrals and circumventing code limits are prohibited.

Commission is calculated on revenue after discounts, excluding tax and before payment provider fees. Settlement requires an explicit tax exemption or the VAT rate included in the price. Disabling Stripe Tax is not evidence of exemption. Amounts are recorded in grosze and rates in basis points (100 points = 1%); monetary results are rounded to the nearest grosz. The partner rate, tax basis and amounts are recorded on the order. Free orders do not earn commission.

Commission becomes available for settlement 30 days after payment is confirmed. This is not an automatic transfer date. The administrator prepares batches from the available balance and records the date and reference of payment made outside the Service. We do not make automatic transfers, collect bank account details or apply a minimum payout threshold. An unpaid batch can be cancelled. Actual payouts and their history remain recorded.

A partial refund reduces commission proportionally; a full refund reverses it. A dispute holds commission until resolution. A lost dispute reverses it; a won dispute releases it, taking refunds into account. Adjustments after payout create a negative balance offset against future commissions, without rewriting the history of paid batches. We do not pay an amount prepared before a new refund or an open dispute without reconciling the balance again.

Disabling a partner stops new referrals and commissions on new orders. It does not remove amounts already accrued or the terms of orders already accepted. Re-enabling applies prospectively. Abuse may result in suspension of participation, while retaining history and settling existing amounts due in accordance with the law. Partners see their link and aggregate results, without customer identities.

Partners must clearly and visibly label publications containing an affiliate link as advertising or advertising material and identify Phottate as the advertiser. The label must be understandable in Polish and visible from the beginning of the material, using both the platform’s labelling features and the partner’s own clear label. The link, a code, the label “collaboration”, or calling the material an opinion is not sufficient. Partners must not conceal its commercial nature, make false promises or mislead audiences. These rules are based on UOKiK recommendations on influencer marketing; the final wording is subject to legal review.

4. User content and licences

• You retain all rights to photos, descriptions and other content you upload or import into the Service.
• You grant us a non-exclusive, royalty-free licence to store, technically transform and transmit this content to providers needed to perform your selected operation, and to make it available through a Public page. The licence covers the period during which the content is used in the Service and the actions necessary to delete it after use ends.
• You confirm that you have a basis for using the photos, descriptions, logos, music, recordings and third-party data you upload or import, and for instructing us to process them. Before publication, also check the image rights of people visible in the material.
• You may use downloaded Materials, including in commercial listings, to the extent permitted by your rights to the input material, third-party rights and the licences for components used in the Service. Generating content with AI does not in itself guarantee exclusive copyright or ensure that other people will not obtain a similar result.

5. Acceptable use

In particular, the following are prohibited:

• uploading unlawful content, content that infringes third-party rights, or content promoting violence or hatred;
• processing photos and data without a legal basis, including other people’s photos without consent, or residents’ or tenants’ personal data without a basis under the GDPR;
• uploading music, voiceovers and text without the necessary licences;
• using the Service to create material that misrepresents the actual condition of a property (see section 6);
• importing listings from portals without the right to reuse their content or in breach of the relevant portal’s terms of use;
• attempting to bypass limits or safeguards, placing automated load on the Service, or sharing an Account with third parties.

We may restrict access to content that violates the law or these rules. In the event of serious or repeated violations, we may suspend or delete the Account. Where possible, we explain the reason and allow you to raise objections at the address in section 14.

6. AI-generated content

• Materials created with AI models (video shots, virtual staging, corrections, descriptions, voiceover scripts and reels) may contain errors or elements that do not exist in reality. Visualisations of interiors and neighbourhoods are not documentation of a property’s condition.
• Virtual staging and corrections must not be used to conceal defects or create a false impression of a property. As an agent, you are responsible for the accuracy of the listing under the rules on unfair commercial practices.
• Before publication, check the address, places on the map, walking times, property features, price, descriptions, captions and voice. Geographic data and walking times may be incomplete or estimated. If material could mislead its audience, correct it or clearly label it as a visualisation.
• We do not guarantee the availability of a particular AI model or an identical result on regeneration. This does not limit rights arising from a service’s lack of conformity with the agreement.

7. Public pages

• Public pages for map presentations and completed videos can be opened without signing in by anyone who knows their address. The link is not password-protected and may be shared further. Before sharing it, check the property details, name, description and contact details visible on the page.
• We mark Public pages as not intended for search engine indexing. This does not guarantee that the link will not appear on other services or that a copy will not be retained after sharing.
• View counting operates after the visitor consents to statistics. It uses short-lived identifiers calculated from, among other things, the IP address and browser information. See the privacy policy for details.
• Deleting a presentation or video in the dashboard disables its Public page. You can report rights infringements or unlawful content to kontakt@phottate.com, including the link and reasons for the report.

8. Right to withdraw from the agreement

• If you are a consumer, you may generally withdraw from a distance agreement within 14 days of entering into it, without giving a reason. To exercise this right, send an unambiguous statement to kontakt@phottate.com before the deadline, identifying your Account’s email address and the purchase concerned. You may use the statutory model withdrawal form, but this is not required.
• At purchase, you may request access to credits before that period expires. Crediting the Account does not automatically mean losing the right of withdrawal. Statutory exceptions apply only where all their conditions are met, including required consents and acknowledgements. If you have used credits, settlement following a valid withdrawal depends on the type of service performed and the applicable law.
• Following a valid withdrawal, we will refund the payment due within the time and in the manner required by law, and deduct credits granted for the refunded purchase from your balance. Contact us before deleting your Account about a refund for unused credits after the Account ends. This does not limit your statutory rights.
• The consumer protection provided by the Polish Consumer Rights Act also applies to an individual conducting a business where the agreement is not professional in nature for that person within the meaning of that Act.

9. Complaints

• Send complaints concerning your Account, payments, credits or Material to kontakt@phottate.com. Include your Account email address, a description of the problem and, if possible, the order identifier or Material link and your preferred resolution. Omitting these details does not deprive you of the right to complain.
• We will respond to a consumer complaint on a durable medium within 14 days of receiving it. Your rights arising from a lack of conformity of digital content or a digital service with the agreement remain intact, including the right to request conformity, a price reduction or withdrawal in the cases specified by law.
• In a consumer dispute, you may seek assistance from a consumer ombudsman and use out-of-court dispute resolution.

10. Liability, availability and interruptions

• The Service requires an internet connection and may be temporarily unavailable due to maintenance, failures or interruptions at external providers. We do not offer a contractual guarantee of a particular availability level or a completion deadline for every job. Where possible, we will announce planned longer interruptions.
• Failures at map, payment, hosting and AI model providers may delay performance. In those circumstances, you may report the problem under section 9. Section 3 describes credit refunds for permanently failed operations.
• Our liability is governed by applicable law. Nothing in these terms excludes or limits consumer rights arising from mandatory provisions of law.

11. Account deletion and data retention

You can delete your Account in the dashboard (Settings → Privacy tab). If generation or rendering jobs are in progress, deletion may only be possible after they finish. Before deletion, download the materials and data export you want to keep. The consequences of deletion are:

• we remove projects, Materials, photos, audio files and profile data from the active Service. Where there is a history of paid orders, we retain necessary anonymised or limited billing data to meet legal obligations;
• deleted data may remain for a limited time in backups: up to 14 days in local backups and up to 90 days in optional encrypted off-server backups. The privacy policy gives details and other exceptions;
• we automatically delete a project moved to the archive after 30 days unless you first restore it to active projects.

Deleting your Account does not extinguish claims, including your right to a refund that is due.

The privacy policy describes data processing in detail.

12. Changes to the terms

• We notify you by email of material changes at least 14 days before their planned effective date, providing the new wording and the reason for the change. Reasons may include changes in law, the way the Service operates, available features or security requirements.
• Access to the dashboard after a change requires acceptance of the current version. If you do not accept it, you may stop using the Account. Contact us before deleting your Account about a refund for unused purchased credits. Changes to the terms do not remove rights acquired through earlier purchases.

13. Governing law and jurisdiction

• These terms are governed by Polish law.
• Disputes are heard by the courts having jurisdiction under applicable law. Choosing Polish law does not deprive a consumer of protection under the mandatory provisions of the country of their habitual residence.

14. Contact and company details

• Contact for matters concerning the Service, complaints and personal data: kontakt@phottate.com.
• Service provider: [COMPANY NAME], [REGISTERED OFFICE ADDRESS], tax identification number [NIP], [KRS / CEIDG ENTRY]. These details must be completed before publication.

Annex 1: Personal data processing agreement

← Back to home