Terms of Service

These Terms of Service ("Terms") form a binding legal agreement between you ("you", "User", "Photographer") and 100 Platform Ltd, a company registered in England and Wales under company number [COMPANY NUMBER], with its registered office at [REGISTERED ADDRESS] ("100", "we", "us", "our"), governing your access to and use of the website, applications, APIs, FTP ingestion endpoints, client portals, and related services available at 100platform.uk (together, the "Platform" or "Service").

By creating an account, connecting a device, uploading content, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy (Section 7), and any supplemental terms referenced herein (together, the "Agreement"). If you do not agree, you must not use the Platform.

You must be at least 18 years old (or the age of legal majority in your jurisdiction, if higher) and have the legal capacity to enter into a binding contract to use the Platform. The Platform is not directed at, and must not be used by, children.

100 is a technology infrastructure provider. We provide tools for independent photographers to upload, manage, license, and deliver their own photography to their own clients. We are not a party to, and do not control, the relationship, contract, or licence terms between you and your clients, and we do not vet, edit, curate, or endorse User Content (defined below) before it is transmitted.

• You are responsible for the accuracy of the information you provide, for maintaining the confidentiality of your login credentials, API keys, and FTP/camera-link credentials, and for all activity that occurs under your account.
• You must notify us immediately at [SECURITY CONTACT EMAIL] if you suspect unauthorised access to your account.
• You are solely responsible for configuring your own client portals, licence terms, download permissions, and country/rights restrictions correctly. 100 provides the controls; you are responsible for how you use them.
• One account per individual or organisation unless a Collectives (multi-seat) plan is purchased.

3.1 You retain ownership. As between you and 100, you retain all right, title, and interest, including copyright, in and to the photographs, video, captions, metadata, and other material you upload to the Platform ("User Content"). 100 claims no ownership over User Content.

3.2 Licence you grant to 100. To operate the Service, you grant 100 a worldwide, non-exclusive, royalty-free, sublicensable (solely to our infrastructure and sub-processors, e.g. cloud storage and CDN providers) licence to host, store, reproduce, transmit, display, resize, transcode, and process User Content strictly for the purposes of: (a) operating the upload, storage, captioning, delivery, and portal features you activate; (b) technical backup and redundancy; (c) fraud prevention, security, and legal compliance; and (d) any other purpose you separately and explicitly authorise (for example, platform marketing use of a specific image, only with your prior written consent). This licence ends when you delete the relevant content or close your account, subject to Section 3.4 (backups) and any legal retention obligation.

3.3 Automated processing (auto-captioning). The Platform uses automated tools to read image content and metadata and to flag apparent public figures or locations to assist your captioning workflow. You are solely responsible for reviewing, verifying, and correcting any automatically generated caption, tag, or metadata before delivery to a client; 100 does not warrant the accuracy of automated captioning and it is provided as a drafting aid only, not as fact-checked editorial content.

3.4 Backups and image loss. We take reasonable technical measures, consistent with industry practice, to protect uploaded content against loss, including redundant storage. However, the Platform is not a substitute for your own backup practices. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 100 DOES NOT GUARANTEE AGAINST LOSS, CORRUPTION, DELETION, OR UNAVAILABILITY OF USER CONTENT, AND YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING YOUR OWN INDEPENDENT COPIES OF ORIGINAL FILES (INCLUDING ON YOUR CAMERA MEDIA OR LOCAL STORAGE) UNTIL YOU HAVE CONFIRMED SUCCESSFUL DELIVERY AND BACKUP.

• Any licence, usage right, embargo, or country restriction you set for a client gallery is a contract between you and that client. 100 provides the mechanism; we do not adjudicate, guarantee, or enforce compliance by clients with the terms you set, and are not liable for a client's breach of the licence you granted them.
• Payments are processed by third-party payment processors (e.g. Stripe or equivalent). 100 does not store full card numbers. You are responsible for your own tax reporting, invoicing obligations, and compliance with any sanctions or export-control regime applicable to your clients.
• 100 charges the subscription fees set out on our Pricing page. We do not take commission on client payments made through the Starter, Core Pro, or Advanced plans as currently described; this may change with notice for future plans.

The Platform itself — including its software, design, trademarks ("100", the 100 logo), and documentation — is owned by 100 Platform Ltd or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you rights in our trademarks or software beyond the limited right to use the Service as intended.

• Subscription fees are billed monthly or annually as selected, in advance, and are non-refundable except where required by law.
• You may cancel at any time; cancellation takes effect at the end of the current billing period. We may change fees on notice of at least [30] days for existing subscribers.
• Free-tier accounts may be subject to reasonable usage limits and may be suspended for inactivity on notice.

You agree not to upload, store, caption, deliver, or otherwise use the Platform to transmit any content, or to use the Platform in any manner, that:

• Is, or that you do not reasonably and in good faith believe to be, lawful to create, possess, and distribute in every jurisdiction from which it was captured and to which it is delivered;
• Constitutes, depicts, or facilitates child sexual abuse material (CSAM) or any sexualised content involving a minor, in any form — this is subject to absolute zero tolerance, immediate account termination without notice, preservation of evidence, and mandatory reporting to the National Crime Agency / NCMEC and relevant law enforcement in accordance with our legal obligations;
• Is obscene, non-consensual intimate imagery, or sexually exploitative of any person;
• Infringes any third party's copyright, trademark, moral rights, privacy, or publicity rights, including images you did not personally capture or do not hold licence to distribute;
• Is defamatory, harassing, or knowingly false in a way likely to cause harm to an identifiable individual;
• Violates the personal data or image rights of a data subject under applicable data protection or right-of-publicity law (including capturing images in jurisdictions or contexts, such as certain private locations or minors in sensitive contexts, where doing so is unlawful);
• Depicts graphic violence, gore, or extreme content for shock value rather than legitimate news, documentary, or editorial purposes;
• Is uploaded using credentials, devices, or FTP endpoints you are not authorised to use, or that attempts to circumvent storage, security, or rate limits;
• Introduces malware, attempts unauthorised access to the Platform, or otherwise abuses, scrapes, or reverse-engineers the Service.

The professional context of press and editorial photography means the Platform will host graphic or sensitive newsworthy imagery (conflict, disaster, protest, crime scenes) as a normal part of legitimate journalism. This Section targets content that is unlawful or gratuitously exploitative, not lawful editorial or documentary photography — but the burden is on you to ensure your use is lawful.

7.1 Enforcement and Bans. If we determine, in our reasonable discretion, that you have violated this Section 7, we may take any of the following actions without prior notice and without liability to you: (a) remove or disable access to the offending content; (b) suspend or permanently terminate your account and all associated client portals; (c) withhold funds pending investigation where we reasonably suspect fraudulent or unlawful activity; (d) preserve and disclose relevant data to law enforcement or regulators; and (e) pursue any other legal remedy available to us. Permanently banned accounts are not entitled to a refund of prepaid fees. We may maintain a record of banned accounts to prevent re-registration.

You may appeal a suspension or ban by contacting [ABUSE/APPEALS EMAIL] within [14] days; we will review but are not obliged to reverse enforcement decisions.

If you believe content hosted on the Platform infringes your rights or violates this Agreement, contact [ABUSE EMAIL] with sufficient detail to identify the content and the basis for your complaint. We will review reports within a reasonable time and take appropriate action, which may include removal, disabling access, or account suspension, consistent with our obligations as a hosting provider under applicable law (including the UK/EU intermediary liability and, where applicable, EU Digital Services Act notice-and-action regimes).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THE ACCURACY OF AUTOMATED CAPTIONING OR METADATA TAGGING. NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING STATUTORY RIGHTS AVAILABLE TO CONSUMERS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) 100 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING LOSS OR CORRUPTION OF IMAGES, OR CLAIMS ARISING FROM ANOTHER USER'S OR THIRD PARTY'S CONTENT OR CONDUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) £100.

NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY FOR: (a) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (b) FRAUD OR FRAUDULENT MISREPRESENTATION; (c) ANY BREACH OF OUR OBLIGATIONS AS A DATA CONTROLLER OR PROCESSOR UNDER APPLICABLE DATA PROTECTION LAW THAT CANNOT LAWFULLY BE EXCLUDED; OR (d) ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

You agree to defend, indemnify, and hold harmless 100 Platform Ltd, its officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) User Content you upload, caption, or deliver through the Platform, including any claim that it infringes a third party's rights or is unlawful, obscene, defamatory, or otherwise objectionable; (b) your breach of this Agreement, including the Acceptable Use Policy; (c) your violation of any applicable law or the rights of any third party, including image rights, privacy, or data protection rights of any individual depicted in your content; (d) disputes between you and your clients or any other third party arising from a licence, delivery, or payment you have made through the Platform; and (e) your negligent or wrongful conduct in connection with your use of the Service. We reserve the right, at our own expense, to assume the exclusive defence of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence.

This indemnity is intended to be as broad as is enforceable under applicable law. It does not require you to indemnify us for our own gross negligence, wilful misconduct, or fraud, or for liabilities that a court determines cannot lawfully be shifted to you by contract.

• We may suspend or terminate your account for breach of this Agreement (see Section 7.1), non-payment, suspected fraud, legal or regulatory requirement, or extended inactivity, on notice where practicable.
• You may close your account at any time via account settings or by contacting [SUPPORT EMAIL].
• On termination, your right to use the Platform ceases immediately. We may retain and, where legally required, must retain, certain data after termination as described in the Privacy Policy. We are not obliged to retain or return User Content after account closure beyond any legally mandated period, and recommend you export your content before closing your account.

This Agreement is governed by the laws of England and Wales, without regard to conflict-of-law principles, save that: (a) if you are a consumer habitually resident in the EU or UK, you retain the benefit of any mandatory consumer-protection provisions of the law of your country of residence that cannot be contracted away, and you may bring proceedings in the courts of that country; and (b) if you are a consumer resident in a jurisdiction outside the EU/UK whose law grants you non-waivable protections (for example under certain US state consumer laws), those protections apply to the extent they cannot lawfully be excluded.

The courts of England and Wales shall have non-exclusive jurisdiction over any dispute arising out of or in connection with this Agreement, without prejudice to the consumer protections described above. Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute informally by contacting [LEGAL/SUPPORT EMAIL].

We may update these Terms from time to time. Material changes will be notified via the Platform or by email at least [14] days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance. If you do not agree to updated Terms, you must stop using the Platform and may close your account.

• Severability: if any provision of this Agreement is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed, and the remainder of the Agreement remains in full force.
• Entire agreement: this Agreement (Terms, Privacy Policy, Acceptable Use Policy, and any order form) constitutes the entire agreement between you and 100 regarding the Service.
• Assignment: you may not assign this Agreement without our consent; we may assign this Agreement in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
• No waiver: failure to enforce a provision is not a waiver of our right to do so later.
• Notices to you may be given via the email address on your account.

100 Platform Ltd, [REGISTERED ADDRESS]. General enquiries: [SUPPORT EMAIL]. Legal/DPO: [LEGAL EMAIL]. Abuse/content reports: [ABUSE EMAIL].