Terms & Conditions

These terms are effective as of January 16, 2025.

Welcome to PhotoJoy! These Terms and Conditions ("Terms") govern your use of our social media platform ("Service"). By accessing or using PhotoJoy, you agree to be bound by these Terms. If you do not agree, you may not use the Service. These Terms are a binding agreement between you and PhotoJoy, operated by the Ethical App Foundation, a non-profit organization.

PhotoJoy is committed to providing an ad-free, algorithm-free, and safe social media platform where users can connect authentically. Please read these Terms carefully to understand your rights, responsibilities, and the rules governing our community.

If you have any questions, contact us at support@photojoy.org.

1. Eligibility

To use PhotoJoy, you must meet certain requirements to ensure compliance with legal regulations and maintain a safe and authentic community. By registering for an account or accessing the platform, you represent and warrant that you are at least 13 years old. If you are located in a jurisdiction where additional age restrictions apply, such as the European Union, you must be at least 16 years old or have obtained verified parental consent to use the platform.

In addition, by accessing or using PhotoJoy, you agree to comply with all applicable local, state, national, and international laws and regulations. Any violation of these laws or misrepresentation of eligibility may result in the suspension or termination of your account and access to the platform.

PhotoJoy reserves the right to deny access to the platform to any individual or entity at its sole discretion, particularly in cases of non-compliance with these eligibility requirements or evidence of misuse of the platform. If you do not meet these requirements, you may not create an account or use the Service.

2. Account Registration

To access the features of PhotoJoy, you must create an account by completing the registration process. By registering, you agree to provide accurate, complete, and up-to-date information, including your phone number for authentication purposes. You may also optionally provide your email address to enable account recovery and receive periodic updates, such as newsletters.

You are solely responsible for maintaining the confidentiality and security of your account credentials. Allowing unauthorized access to your account is strictly prohibited. Any activity conducted under your account will be considered your responsibility, and you must notify us immediately at support@photojoy.org if you suspect any unauthorized use or breach of security.

By creating an account, you acknowledge that PhotoJoy reserves the right to refuse or revoke access to the platform if the information provided is false, incomplete, or violates these Terms. Additionally, users who engage in prohibited activities, such as creating multiple accounts to circumvent platform limits or impersonating others, may face account suspension or termination.

Your account is personal to you and cannot be transferred or assigned to another person. If you choose to delete your account, all associated data, including posts and connections, will be permanently removed from our systems, as outlined in our Privacy Policy.

PhotoJoy is committed to fostering a safe and secure environment for its users, and by registering, you agree to adhere to these guidelines and responsibilities.

3. Acceptable Use

By using PhotoJoy, you agree to adhere to the principles and guidelines that ensure a safe, respectful, and authentic community. You are responsible for your behavior on the platform and the content you share. To maintain the integrity of PhotoJoy, you must comply with the following acceptable use standards:

• Respect for Others: Interact with other users in a courteous and respectful manner. Harassment, hate speech, threats, or any behavior intended to harm, demean, or intimidate others is strictly prohibited.
• Content Standards: You may only upload and share content that you own or have the right to use. Content must not infringe on intellectual property rights, privacy rights, or other legal protections. Sharing illegal, harmful, violent, explicit, or offensive material is not allowed.
• Authenticity: Do not impersonate others, create fake accounts, or misrepresent your identity. All accounts must reflect genuine individuals, and using the platform for deceptive purposes is prohibited.
• No Harmful Activities: You must not engage in activities that disrupt, harm, or exploit the platform or its users. This includes introducing malicious software, attempting to gain unauthorized access to accounts, or interfering with the platform’s operations.
• Legal Compliance: You must comply with all applicable laws and regulations when using PhotoJoy. This includes respecting the privacy of others and not using the platform for illegal activities, such as fraud or the distribution of prohibited content.
• Non-Commercial Use: PhotoJoy is intended for personal, non-commercial use. Using the platform to advertise, promote businesses, or solicit users for financial gain is not permitted.

PhotoJoy reserves the right to monitor user activity, review content, and take action against violations of these guidelines. This includes removing content, suspending or terminating accounts, and reporting unlawful activities to the appropriate authorities.

By agreeing to these Terms, you commit to fostering a positive and respectful environment on PhotoJoy. Violations of this section may result in consequences ranging from content removal to permanent account termination. If you encounter behavior or content that violates these standards, please report it to us at support@photojoy.org.

4. Child Safety and Protection

We have zero tolerance for content that exploits or abuses minors. This includes but is not limited to:

• Any content depicting minors engaged in dangerous or harmful activities
• Content that sexualizes minors in any way
• Content that promotes, encourages, or facilitates inappropriate interactions with minors
• Any materials that could be used to exploit or harm minors

We actively remove such content, permanently ban accounts that violate this policy, and report violations to relevant authorities. Users must report any content that appears to violate these policies by immediately emailing support@photojoy.org.

We cooperate fully with law enforcement agencies in investigating and prosecuting individuals who use our platform to harm minors.

5. Paid Features and Pricing

PhotoJoy is committed to providing an ad-free and user-driven platform. While the core features of PhotoJoy are free to use, we offer optional paid features through a Supporter plan, allowing users to contribute to the platform’s growth and enjoy additional benefits.

Free Plan (Advocate): The Advocate plan is free forever and includes the following features:

• Up to 99 friends.
• The ability to post 1 photo per day.
• High, but limited, photo resolution.

Supporter Plan: The Supporter plan operates on a pay-what-you-want model, giving users the flexibility to choose their contribution. Supporters gain access to enhanced features, including:

• Up to 99 friends.
• The ability to post up to 10 times per day, with up to 6 photos per post.
• Full-resolution photo sharing.

Payments for the Supporter plan are securely processed through trusted app store payment systems (e.g., Apple App Store, Google Play Store). PhotoJoy does not collect or store any payment information directly. By subscribing, you authorize the app store to charge the payment method linked to your account for the amount you choose to pay. All contributions made through the app store are non-refundable unless otherwise handled by the app store’s refund policies. If you experience issues with your payment or wish to request a refund, please contact the respective app store’s customer support directly.

PhotoJoy may adjust the pricing structure or features of the Supporter plan in the future. Any changes will be communicated to users with reasonable advance notice to allow them to make informed decisions.

Users can cancel or downgrade their plan at any time through the app settings. Upon cancellation, users will retain access to the Supporter features for the remainder of the current billing period. After that, their account will revert to the free Advocate plan.

As a non-profit organization, all proceeds from the Supporter plan are reinvested into the platform to maintain its ad-free nature, enhance features, and support the community. Transparency reports detailing how funds are utilized will be published periodically.

By subscribing to the Supporter plan, you help sustain PhotoJoy’s mission of creating a user-driven social media platform free of ads, algorithms, and data monetization. For questions about payments or subscriptions, contact us at support@photojoy.org.

6. Privacy and Data Protection

At PhotoJoy, your privacy is our priority. We are committed to safeguarding your personal information and ensuring it is handled responsibly and transparently. By using PhotoJoy, you acknowledge and agree to the terms of our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

Our Privacy Policy outlines how we collect, use, store, and protect your personal data, including:

• The types of data we collect, such as your name, phone number, and photos you upload.
• How we use your data to provide our services, enhance your experience, and ensure platform security.
• The strict controls we maintain to safeguard your data and prevent unauthorized access.

You retain control over your privacy settings, allowing you to determine who can view or download your photos and whether metadata is included with your uploads. Additionally, PhotoJoy will never sell or share your personal information with third parties without your explicit consent.

If you delete a post or your account, we ensure that all associated data is permanently removed from our systems, except for information required to meet legal or financial obligations, which is anonymized as much as possible. Our commitment to data minimization ensures that we only collect and retain the information necessary to provide our services.

For more information on how we protect your privacy, including your rights under applicable privacy laws such as GDPR and CCPA, please review our Privacy Policy linked [Insert Link].

If you have any questions or concerns about how your data is handled, contact us at support@photojoy.org. Your trust is essential to us, and we are dedicated to maintaining the highest standards of privacy and data protection.

7. Intellectual Property

PhotoJoy and its associated features, logos, designs, and technology are the exclusive property of the Ethical App Foundation and are protected by copyright, trademark, and other intellectual property laws. By using PhotoJoy, you acknowledge and agree that all rights, title, and interest in and to the platform remain with the Ethical App Foundation.

As a user, you retain ownership of the photos, captions, and other content you upload to PhotoJoy. By uploading content, you grant PhotoJoy a limited, non-exclusive, royalty-free, worldwide license to use, display, and distribute your content solely for the purpose of providing and improving the platform. This license ends when you delete the content or your account, and PhotoJoy removes all associated data as outlined in our Privacy Policy. You may not:

• Copy, modify, distribute, or create derivative works based on PhotoJoy’s design, code, or features.
• Reverse-engineer, decompile, or disassemble any aspect of the platform.
• Use PhotoJoy’s trademarks, logos, or branding without prior written permission.

Content provided by other users is owned by the respective creators. You may not use, reproduce, or distribute user-generated content without the explicit consent of its owner.

If you believe your intellectual property rights have been violated on PhotoJoy, please contact us at support@photojoy.org with a detailed description of the alleged infringement. PhotoJoy will investigate and take appropriate action, which may include removing infringing content or suspending the responsible user’s account.

8. Termination of Use

You may terminate your use of PhotoJoy at any time by deleting your account through the app settings. Once you delete your account, all associated data, including your photos, captions, comments, reactions, and connections, will be permanently deleted from our systems. This deletion is irreversible, and you will not be able to recover your account or any content previously associated with it.

PhotoJoy is committed to providing users with control over their data. When you choose to terminate your account, we ensure that your personal information and content are completely removed from our platform, except for data that we are legally or operationally required to retain, such as payment records. This process aligns with our Privacy Policy and data protection standards.

PhotoJoy reserves the right to terminate or suspend your account if you violate these Terms, engage in prohibited activities, or harm the integrity of the platform. In such cases, we may revoke your access to PhotoJoy immediately and permanently delete your account and associated content. Once your account is terminated, whether by you or by PhotoJoy:

• You will lose access to all features of the platform.
• Your data, content, and account information will be permanently removed from our systems.
• Re-registration under the same credentials may not be allowed, depending on the circumstances of the termination.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOJOY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, EVEN IF PHOTOJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PHOTOJOY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. WHILE WE STRIVE TO MAINTAIN A RELIABLE AND SECURE PLATFORM, WE CANNOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM TECHNICAL ISSUES. PHOTOJOY’S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM IS LIMITED TO THE GREATER OF THE AMOUNT YOU HAVE PAID TO PHOTOJOY, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM OR FIFTY U.S. DOLLARS ($50). THIS LIMITATION APPLIES TO ALL CLAIMS, INCLUDING THOSE ARISING FROM BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY.

You are solely responsible for your interactions on the platform, the content you share, and your use of PhotoJoy. We are not liable for actions taken by other users or for content posted by others, including any offensive, harmful, or unlawful material.

Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties, so some of the limitations above may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

10. Disclaimer

PhotoJoy is provided on an "as is" and "as available" basis. While we strive to offer a reliable, secure, and enjoyable platform, we do not make any guarantees or representations about the availability, accuracy, reliability, or suitability of the Service for any particular purpose. Your use of PhotoJoy is at your own risk, and we disclaim all liability for any errors, interruptions, or issues that may arise during your use of the platform.

We expressly disclaim any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of performance, dealing, or trade usage. We do not guarantee that the Service will always be available, uninterrupted, secure, or error-free, nor do we warrant that any defects or issues will be corrected promptly.

PhotoJoy is a user-driven platform, and while we take steps to moderate and maintain a safe environment, we are not responsible for the content shared by users or for any actions taken by other users on the platform. We do not endorse or assume responsibility for any user-generated content or third-party services that may be accessible through the platform.

You acknowledge and agree that PhotoJoy, as a non-profit organization, has no obligation to provide continuous or error-free service, and we shall not be liable for any damages or losses resulting from the inability to use the platform, delays, interruptions, or technical failures.

Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you. In such cases, any implied warranties are limited to the maximum extent permitted by law.

If you have questions or concerns about this Disclaimer, please contact us at support@photojoy.org.

11. Indemnification

You agree to indemnify, defend, and hold harmless PhotoJoy, its affiliates, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to:

• Your Use of the Service: Any activity or behavior on PhotoJoy, including content you upload, share, or post.
• Violation of These Terms: Your breach of any provision in these Terms and Conditions.
• Infringement of Rights: Any claim that your content violates or infringes on the intellectual property, privacy, or other rights of a third party.
• Unlawful Activity: Any illegal or unauthorized use of the Service, including actions that violate applicable laws or regulations.

PhotoJoy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims and not to settle any matter without our prior written consent.

This indemnification obligation survives the termination of your account or your use of the Service. By using PhotoJoy, you acknowledge and agree to these responsibilities to ensure the protection of our platform, community, and organization.

If you have questions regarding this section, please contact us at support@photojoy.org.

12. Modification to Terms

PhotoJoy reserves the right to modify or update these Terms and Conditions at any time to reflect changes in our services, legal requirements, or operational practices. We are committed to transparency and will notify users of significant changes through appropriate means, such as email, in-app notifications, or updates on our website.

By continuing to use PhotoJoy after the updated Terms are posted, you acknowledge and agree to the changes. If you do not agree to the revised Terms, you must discontinue your use of the platform and may delete your account at any time.

For minor changes that do not significantly impact your rights or obligations, we may update the Terms without direct notification. We encourage users to review these Terms periodically to stay informed of any updates.

These modifications are effective immediately upon posting unless otherwise specified. Your continued use of PhotoJoy constitutes acceptance of the revised Terms and your agreement to abide by them.

13. Entire Agreement

These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and PhotoJoy regarding your use of the platform. They supersede and replace any prior or contemporaneous agreements, communications, or understandings, whether written or oral, related to the subject matter of these Terms.

No oral or written representations, promises, or agreements that are not expressly included in these Terms or the Privacy Policy shall be binding. Any modifications, waivers, or additional terms proposed by you are not valid unless explicitly agreed to in writing by PhotoJoy.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect, as outlined in the Severability section.

14. Severability

If any provision of these Terms and Conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or, if such modification is not possible, it will be severed from these Terms entirely.

The severability of any provision shall not affect the validity and enforceability of the remaining terms, which will continue to govern your use of PhotoJoy.

This ensures that the integrity and intent of these Terms are preserved, even if certain provisions are deemed unenforceable. If you have questions or concerns about this section, please contact us at support@photojoy.org.

15. Headings

The section headings used in these Terms and Conditions are provided for convenience and organizational purposes only. They do not have any legal or contractual effect and shall not be used to interpret, define, or limit the scope or intent of any provisions contained herein.

Each section operates independently, and the headings are intended solely to assist users in navigating and understanding the Terms. If you have any questions regarding the content or intent of these Terms, please contact us at support@photojoy.org.

16. Waiver

The failure of PhotoJoy to enforce any provision of these Terms and Conditions or to exercise any right under these Terms shall not be deemed a waiver of that provision or right. Any waiver of any provision or right must be made in writing and signed by an authorized representative of PhotoJoy to be effective.

A waiver of any specific breach or default shall not constitute a waiver of any other breach or default, whether of a similar or different nature. PhotoJoy retains the right to enforce these Terms in full at any time, even if it has chosen not to act immediately in response to a breach or non-compliance.

17. Contact Us

If you have any questions about this policy or your data, please email us at support@photojoy.org, or send a letter to our mailing address: