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Terms of service of fotkyzakce.cz

Last updated: 5 September 2026

These terms of service (“Terms”) govern the use of the fotkyzakce.cz web service available mainly at https://fotkyzakce.cz, and its related pages and interfaces (together the “Service”).

At the date of the last update the Service is operated as a closed beta. Public registration is not open and an organizer account can be created only with an invitation. Publicly paid hosted storage is not offered yet.

Operator

The operator and provider of the Service is:

Tomáš Pukowiec

Dětmarovice 368, 735 71 Dětmarovice, Czech Republic

IČO 75241587, DIČ CZ8502085603

E-mail: hello@fotkyzakce.cz. Phone: +420 608 251 214.

Basic terms

For the purposes of these Terms:

  • Organizer means a person who has an account in the Service and creates or manages an Album;
  • Guest means a person who reaches an Album through a QR code or link and uses Album features without an account;
  • Album means a private gallery created for one specific event, available through a random non-public address;
  • Media means a photo or video uploaded to an Album;
  • External storage means the Organizer’s personal Google Drive or personal OneDrive that the Organizer connects to the Service;
  • Recipient of the service means the Organizer or Guest to the extent they use the Service.

Who these Terms apply to

The Terms apply to Organizers and, to a reasonable extent, also to Guests who use Album features.

The Service may be used by consumers and by persons acting in connection with a business or profession.

A “Consumer” is a natural person who, when concluding and performing a contract, is not acting within their business activity or independent professional practice.

These Terms cannot limit a Consumer’s statutory rights to the extent that such a limitation is not permitted by law.

The Organizer must be capable of entering into a contractual relationship with the Operator. If applicable law requires the consent of a legal representative, the Organizer must have it.

The Service does not verify the age of Guests. Minors may also use the Service at events; the Organizer is responsible for how the Album is shared and for the lawfulness of content, as set out in the articles below.

What fotkyzakce.cz is

fotkyzakce.cz is a web service for private sharing of photos and videos from events.

An Organizer may in particular:

  • create one or more Albums;
  • connect an Album to supported External storage;
  • download or share a QR code and a link to the Album;
  • optionally set a numeric PIN;
  • set the period during which uploading is allowed;
  • choose supported Album appearance options;
  • moderate Media, hide them or delete them;
  • download Album content as a ZIP or create a separate link to download the entire Album;
  • start a live photo slideshow on a screen or TV.

A Guest may in particular:

  • enter an Album using a link or QR code;
  • enter a PIN if one is enabled;
  • upload photos and videos without creating an account;
  • optionally provide a display name;
  • browse Media;
  • filter content within the current visit;
  • download the original of an individual Media item;
  • delete their own Media if the Service recognizes them as theirs based on technical identification of the visit;
  • use the supported live slideshow feature.

The Service is not a public social network, a people search engine, a classic cloud storage product, a wedding presentation website, or a native mobile app.

Beta operation

The Service is currently in a closed beta version.

During the beta, some features may be incomplete, experimental, changed or temporarily unavailable. Errors, performance limits or outages may occur, especially when many Guests upload at the same time, internet connectivity is insufficient, or external providers have an outage.

In beta mode the Operator may also provide selected accounts with features that are not generally available to other users.

The beta nature of the Service does not limit rights that mandatory legal rules do not allow to be excluded by contract.

Organizer account and formation of the contract

The Organizer creates an account using an e-mail address and password. In the closed beta a valid invitation code may also be required.

Before the first sign-in it may be necessary to verify the e-mail address.

The Organizer must:

  • provide true and up-to-date information;
  • protect the password and access to the account;
  • not allow an unauthorized person to use their account;
  • contact the Operator without undue delay if they suspect account misuse.

For a free account, the contractual relationship is formed by creating the account and accepting these Terms.

A Guest does not create an account. By using Album features, in particular by uploading Media, the Guest acknowledges the rules of these Terms that apply to Guests and content.

Album address, QR code and access

Each Album has a random, unguessable public address containing a technical identifier. The event name and people’s names are not automatically turned into the address.

The Album is not publicly catalogued and is marked so that ordinary search engines should not index it. This is not a guarantee of absolute secrecy.

Anyone who knows the Album link may pass it to another person. If the Organizer enables a PIN, the correct PIN is also required to enter.

The Organizer is responsible for who they:

  • give the QR code or Album link to;
  • tell the PIN;
  • give the separate whole-Album download link.

The PIN protects entry to the gallery and live slideshow, but the separate ZIP link is not protected by the PIN.

Guests without an account

A Guest does not need to enter an e-mail or phone number for ordinary uploading and browsing.

The Service uses technical identification of a specific visit to a given Album, for example so it can recognize which Media a Guest may delete as their own. This identification is not intended to track a Guest across different Albums.

A Guest may provide a display name. The name is not required and does not have to match a civil name.

Using a different phone, a different browser or clearing cookies may mean the Service no longer recognizes the Guest as the original uploader, and the Guest will not be able to delete previously uploaded Media as “theirs” through the Service. In that case they may contact the Organizer or the Operator.

External storage and file location

In the standard beta mode the Organizer connects the Album to their personal Google Drive or personal OneDrive.

Google Drive

The Service uses a limited permission intended for files and folders created by the Service or expressly made available to it. The Organizer authorizes the connection with Google.

Original Media files are stored in a folder managed by the Service in the Organizer’s storage.

OneDrive

Only personal Microsoft accounts are supported. Work, school or business accounts and SharePoint are not supported in the current version.

Original Media files are stored in the application folder designated for the Service.

Previews and metadata

Even when originals are on the Organizer’s External storage:

  • JPEG previews used in the gallery and live slideshow are stored in the Operator’s infrastructure, in particular Cloudflare R2;
  • Album, Guest and Media metadata are stored in the Operator’s database;
  • originals may technically pass through the Operator’s API during upload, download, video playback or ZIP creation.

Selected internal or test Albums may in beta mode also have originals stored in the Operator’s storage. Such hosted storage is not, at the date of this version of the Terms, a publicly offered paid service.

Capacity and dependence on third parties

External storage capacity is the capacity of the Organizer’s Google or Microsoft account and may be shared with their other services.

The Operator does not guarantee a specific number of GB available on a Google or Microsoft account.

If:

  • storage is full;
  • the Organizer revokes permission;
  • the access token is no longer valid;
  • the Organizer deletes or moves the managed folder in a way that prevents further operation;
  • Google or Microsoft limits or interrupts the service;

uploading, downloading originals, video or ZIP may be temporarily or permanently unavailable until the Organizer fixes the problem or reconnects storage.

The Operator does not operate Google Drive or OneDrive and is not responsible for their separate availability, terms or decisions, unless the law provides otherwise.

Technical upload limits

Current technical limits are in particular:

  • photos: at most 50 MB per file;
  • video: at most 500 MB per file;
  • common photo and video types accepted by the browser and the Service are supported.

For some formats, for example HEIC, the original may be stored unchanged and a separate JPEG preview created for the gallery.

In a batch upload, one invalid or unsupported file may fail while the other files continue.

The Organizer may turn uploading off manually or set a time window. Outside the allowed period the gallery may remain available for browsing.

Rights in content

Copyright and other rights in Media remain with their respective authors and other rightholders. Uploading Media does not transfer ownership or copyright in the content to the Operator.

By uploading Media, the uploader grants the Operator, for the time needed to operate the Album, a non-exclusive, royalty-free authorization to carry out the technical acts needed to provide the Service, in particular to:

  • accept and transfer the file;
  • store it in the chosen storage;
  • create and store a preview;
  • display it to persons with access to the Album;
  • make the original available for download or playback;
  • include it in a ZIP;
  • hide or remove it according to Service features, the Organizer’s instructions or a legal obligation.

This authorization does not include a right to use Media for advertising, sale of data, or training of artificial intelligence models.

Organizer responsibility for the Album

The Organizer decides in particular about:

  • the purpose and circle of people for whom they create the Album;
  • the persons to whom they make the link, QR, PIN or ZIP link available;
  • upload settings;
  • content moderation;
  • the choice of External storage.

The Organizer is responsible for ensuring that use of the Album and sharing of Media complies with legal rules and third-party rights, in particular rules on personality rights, privacy, copyright and rules applying to photos and videos of children.

The Organizer must not knowingly create an Album for the systematic unlawful distribution of content or to circumvent third-party rights.

Guest responsibility for uploaded content

A Guest may upload only content they are entitled to upload to that Album and share with the circle of people who have access to the Album.

A Guest must not in particular upload content that:

  • is unlawful;
  • unlawfully interferes with another person’s privacy or personality rights;
  • infringes copyright or other intellectual property rights;
  • contains sexual material involving children or other material whose possession or distribution is a crime;
  • contains intimate material published without the consent of the person concerned;
  • threatens, harasses or incites violence or hatred contrary to legal rules;
  • contains harmful code or is intended to disrupt the Service.

The Guest acknowledges that Media may be visible to all persons to whom the Organizer has made the Album available.

Prohibited use of the Service

A recipient of the service must not in particular:

  • use the Service contrary to legal rules;
  • obtain unauthorized access to other people’s accounts, Albums, files or infrastructure;
  • circumvent the PIN, random links, size limits or other security measures;
  • intentionally overload the Service or disrupt its availability;
  • automatically extract content or Service data at scale without permission;
  • use the Service to distribute malware, spam, fraud or other abuse;
  • impersonate another person in a way that may lead to harm or fraud.

Moderation, unlawful content and notices

The Operator does not ordinarily review every Album and every uploaded file in advance.

The Organizer may hide or remove content in their Album. The Operator may restrict visibility, remove content, or suspend an Album or account in particular if this is necessary:

  • because of a breach of these Terms;
  • because of the security of the Service;
  • on the basis of a sufficiently specific notice of unlawful content;
  • because of a decision or order of a competent authority;
  • for another legal reason.

Notice of unlawful content

A notice may be submitted electronically to hello@fotkyzakce.cz.

So that a notice can be assessed quickly, it should in particular include:

  1. a sufficient explanation of why the notifier considers the specific content unlawful;
  2. the exact Album address or other information that makes it possible to identify the specific content;
  3. the notifier’s name and e-mail, unless the law allows a notice without these details;
  4. a statement that the notifier in good faith believes the information provided is accurate and complete.

If the notifier’s contact details are available, the Operator will confirm receipt of the notice and without undue delay inform them of its decision to the extent required by law.

If the Operator restricts content or an account because of unlawfulness or a breach of the Terms and knows the affected user’s electronic contact, it will provide a statement of reasons for the restriction to the extent required by law.

In the current version the Operator does not use an automated system that itself decides on the lawfulness of photos or videos.

ZIP link and downloading the entire Album

The Organizer may create a separate link that allows the entire Album content to be downloaded as a ZIP without signing in and without the gallery PIN.

Anyone who obtains this link may obtain access to all originals that can be loaded from the chosen storage at that moment.

The Organizer is responsible for sharing this link safely. The Organizer may revoke the shared link or generate a new one.

Deleting Albums, Media and the account

Through the Service a Guest may delete only Media that the Service recognizes as their own.

The Organizer may hide or delete Media and may delete an entire Album.

Deletion of Media or an Album is designed to be irreversible and the Service does not provide a recycle bin to restore them.

When an Album is deleted, the Operator removes metadata, Guest technical records relating to the Album, previews and other objects it manages that are intended to be removed by the delete function.

For External storage the Service will try to remove files in the folder it manages. If External storage was previously disconnected, permission was revoked, or the external service is unavailable, the Operator may not be technically able to remove files in someone else’s storage. In that case their removal remains the Organizer’s responsibility.

Disconnecting Google Drive or OneDrive does not by itself delete files in the Organizer’s account.

Deleting the Organizer’s account ends the account and removes their Albums to the extent described above, except for data the Operator is required or entitled to retain for legal reasons.

Availability and maintenance

The Operator does not provide guaranteed continuous availability or an SLA unless otherwise agreed in writing.

There may be planned and unplanned downtime, maintenance, internet outages or outages of external providers, for example Vercel, Railway, Cloudflare, Google or Microsoft.

The Operator will make reasonable efforts to restore availability and fix technical faults.

The Organizer should treat originals stored on their own Drive or OneDrive as their primary copies and should not treat the Service as the only backup of irreplaceable data.

Changes to the Service

The Service develops continuously. The Operator may change its features in particular because of:

  • security;
  • legal or regulatory requirements;
  • changes to APIs and terms of external providers;
  • technical development;
  • prevention of abuse;
  • operating costs;
  • product improvement.

If a change to a continuously provided digital service significantly negatively affects a Consumer’s access to the Service or its use, the Consumer will be informed and will have the rights granted by applicable law.

Material changes to contractual rules will be notified to existing Organizers in a reasonable way, for example by e-mail or a notice in the Service, unless the law allows a procedure without prior notice.

Suspension and termination of access

The Operator may reasonably restrict, suspend or terminate an account, Album or specific feature in particular if:

  • the recipient of the service seriously or repeatedly breaches the Terms;
  • there is a reasonable suspicion of account compromise or a security incident;
  • infrastructure is being abused;
  • content may be unlawful;
  • a restriction is required by law or a competent authority;
  • continuation of the service is not possible for technical or legal reasons.

If the law and the circumstances allow, the Operator will give the affected user information about the reason for the restriction.

The Organizer may terminate the account by deleting it in the Service.

Quality of the digital service, defects and complaints

Nothing in these Terms limits a Consumer’s statutory rights for defects of a digital service, if they apply to the specific contractual relationship.

If the Service has a defect, the Consumer may exercise rights to the extent set by applicable law, in particular to require a remedy if it is possible and reasonable.

A complaint or other claim may be submitted to hello@fotkyzakce.cz or in writing to the Operator’s address stated in the Operator article.

A complaint should preferably state the Organizer’s e-mail, identification of the affected Album, a description of the problem, when it appeared, and the remedy the user requests.

A complaint may also be submitted in writing to the Operator’s address.

Price and future paid hosted storage

At the date of the last update of these Terms, publicly offered paid hosted storage is not launched.

Use of Service features with supported External storage is provided in beta mode without a fee to the Operator. Costs or tariffs of Google Drive or OneDrive are a separate relationship between the Organizer and the relevant provider.

The Operator plans to offer its own paid hosted storage in the future. Before the first public paid order these Terms will be updated with specific rules on price, capacity, hosting period, payments, tax documents, Consumer rights and termination of hosting.

The mere existence of beta features or internally available hosted storage does not create a right to receive it free of charge in the future.

Liability

Nothing in these Terms excludes or limits liability or rights that mandatory legal rules do not allow to be excluded or limited.

The Operator is not responsible for the conduct of the Organizer or Guest, nor for the lawfulness of content they upload to the Service, unless the law provides otherwise.

The Operator is also not responsible for circumstances outside its reasonable control, for example internet or third-party service outages, full External storage capacity, revocation of permission to someone else’s account, or the Organizer’s interference with a folder on External storage, unless the law provides otherwise.

Users who are not Consumers

The following limitations apply only to users who are not Consumers, and only to the extent permitted by law.

The Operator is not liable for indirect or consequential damage, lost profit, loss of business opportunity or loss of data caused by a circumstance for which it is not liable under the law.

These limitations do not apply to damage caused intentionally or by gross negligence, or in other cases where the law does not allow a limitation of liability.

Personal data protection and cookies

The processing of personal data is described in detail in the separate Privacy policy available in the Service.

Cookies and similar technologies are governed by the separate Cookie and similar technologies policy.

Personal data processing arrangement under Article 28 GDPR

This article applies to the extent that, when using an Album, the Organizer acts as a controller of personal data and the Operator processes personal data contained in the Album on the Organizer’s instructions as a processor.

If the Organizer’s use is purely personal or household and the Organizer is therefore not in the position of a controller under the GDPR, the following rules apply as a contractual data-protection standard corresponding to the nature of the service, but they do not by themselves make the Organizer a controller.

Subject matter, nature and duration of processing

The Operator processes personal data for the lifetime of the relevant Album and for the time needed for its technical removal, or longer only if a legal obligation or the protection of legal claims requires it.

The nature of the processing includes in particular:

  • transfer of Media;
  • storage and technical administration;
  • creation and storage of JPEG previews;
  • display and making available to persons with access to the Album;
  • ZIP creation;
  • technical identification of the uploading Guest within a specific Album;
  • moderation, hiding and deletion on the Organizer’s instruction or for a legal reason.

The purpose is to provide the features of a private event Album under these Terms.

Categories of data subjects and data

Processing may concern in particular:

  • the Organizer;
  • Guests;
  • persons captured in photos and videos, including children;
  • other persons whose data may appear in uploaded content.

Processed data may include in particular photos, videos, an optional Guest display name, a random technical Guest identifier, upload and capture times, technical file metadata and data needed to operate the Album.

Organizer instructions

The Organizer’s documented instructions are these Terms and the choices they make in the Service, in particular creating an Album, choosing storage, sharing a link, setting a PIN, moderation, download and deletion.

The Operator processes data only according to these instructions, unless processing is imposed by the law of the European Union or the Czech Republic. In that case it will inform the Organizer unless the law prohibits this.

Operator duties as processor

To the extent the Operator is a processor, it undertakes in particular to:

  • ensure that persons authorized to process data are bound by confidentiality;
  • adopt reasonable technical and organizational security measures;
  • engage further processors only under the conditions of Article 28 GDPR;
  • assist the Organizer to a reasonable extent with handling data-subject requests;
  • having regard to the nature of the processing, assist with obligations relating to security, incidents, impact assessments and consultations, if they apply;
  • without undue delay inform the Organizer of a personal data breach it becomes aware of that concerns data processed for the Organizer;
  • after the end of the service, delete or return data to the extent corresponding to Service features and legal obligations;
  • provide the Organizer with information reasonably necessary to demonstrate fulfilment of these duties.

Further processors

The Organizer grants the Operator a general written authorization to use further processors needed to operate the Service.

The current main providers are listed in the Privacy policy and include in particular the Railway, Cloudflare and Vercel infrastructure. Depending on the specific setup the Organizer also uses their Google or Microsoft accounts.

The Operator will reasonably inform the Organizer of intended material changes of further processors and allow a reasoned objection. If the objection cannot reasonably be resolved, the Organizer may terminate the affected Album or account.

The Operator will ensure that further processors are contractually bound by data-protection duties corresponding to their role.

Audits

Given the small scale of the Service, the parties will preferably agree to demonstrate compliance through documentation, security information or answers to reasonable questions.

If an audit under Article 28 GDPR is necessary, it must be carried out to a reasonable extent, after prior agreement, in a way that does not endanger security or other customers’ data. The Organizer bears their own audit costs unless the law or a serious breach of the Operator’s duties requires otherwise.

Changes to these Terms

The Operator may reasonably change the Terms in particular when the Service, business model, providers used or legal requirements change.

The current version is always marked with the date of the last update.

A material change that concerns an existing Organizer will be notified to the Organizer in a reasonable way, in particular by e-mail or a notice in the Service, unless the change is needed immediately for legal or security reasons.

A change of the Terms does not by itself deprive a Consumer of rights granted by mandatory legal rules.

Governing law

The legal relationship between the user and the Operator is governed by the law of the Czech Republic.

If the user is a Consumer, this does not deprive them of the protection provided by mandatory provisions of the law of the state of their habitual residence, if those rules apply.

In the relationship between the Operator and a user who is not a Consumer, the courts of the Czech Republic have jurisdiction to resolve disputes, unless a mandatory legal rule provides otherwise.

Out-of-court resolution of consumer disputes

If a consumer dispute arising from a contract arises between the Operator and a Consumer for which out-of-court resolution is available under the law, and the dispute cannot be resolved directly, the Consumer may submit a proposal to the competent out-of-court consumer dispute resolution body.

For the Operator’s ordinary services that body is:

Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Gorazdova 1969/24, 120 00 Prague 2

Website: coi.gov.cz/informace-o-adr/

While the Service is provided entirely free of charge, ADR may not be available for the given dispute under ČOI rules.

Contact point and communication

For questions about the Service, complaints, security notices, notices of unlawful content and other communication you may use:

E-mail: hello@fotkyzakce.cz. Phone: +420 608 251 214.

This contact is also the Operator’s single electronic contact point for recipients of the service and for competent authorities to the extent required by digital services law.

Communication is possible in Czech and English.