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Terms of Service

Last updated: 28 September 2026

These terms govern your use of SmartCull (https://smartcull.uk), an online software service (SaaS) operated by Foroszán Pál Márk ev., sole trader (egyéni vállalkozó) registered in Hungary, registration no. 62853549, MAGYARORSZÁG, 5700 GYULA, SZÖNYI KÖZ 1., EU VAT number HU91145804, email hello@fotovalogato.hu ("we", "us"). SmartCull is the UK service of Fotóválogató (https://fotovalogato.hu). By creating an account or making a purchase you accept these terms, our Privacy notice and our Data Processing Agreement.

1. The service

SmartCull is a web-based tool for photographers: it groups uploaded photo sessions by person using face recognition, scores image quality (sharpness, blinks, eye contact, duplicates), proposes a selection per person that you can adjust and download, and optionally provides password-protected parent galleries with online ordering. The selection is an automated suggestion — the final selection is your decision and responsibility. We do not guarantee that every person or photo is identified correctly.

We aim for continuous availability; in case of maintenance or faults we restore the service as soon as possible. We are not liable for downtime.

2. Your account

You need a name, email address and password; we verify your email. Your account is personal — do not share your login. The service is for adults (18+) using it in the course of their photography business. We may suspend an account in case of misuse, unlawful content or breach of these terms, and we will tell you.

3. Prices, credit and free trial

Processing costs one unit of credit per uploaded photo; credit is bought in packs listed on the pricing page. Credit is deducted when you confirm the start of processing. Re-sorting, adjusting and downloading an already processed session is free. Every new account gets one free trial sort with full functionality; downloading the whole selection as a zip and the parent gallery become available once the session is unlocked with credit.

If processing fails because of us, the credit used is restored automatically. Credit cannot be exchanged for cash. Unused credit remains usable while your account is open; it ends when your account is closed. Refunds are described in our refund policy. We announce price changes at least 15 days in advance; changes do not affect processing already started.

4. Payment

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle's buyer terms apply to the purchase itself. Credit is added to your account automatically after successful payment, usually within minutes and at the latest within 24 hours.

5. Children's photos and consent — your responsibilities

For the photos you upload, you are the data controller and we act as your data processor under our Data Processing Agreement (UK GDPR / EU GDPR Art. 28), which forms part of these terms. You are responsible for having a lawful basis — including, where required, the consent of parents or legal guardians — for taking the photos and for processing them with face recognition (biometric data). You are solely responsible for how you share parent-gallery logins. You may upload only photos you are entitled to use, and you must not use the service to identify, track or monitor people or for any purpose other than selecting photos. Sales to parents through the parent gallery are contracts between you and the parents; we are not a party to them.

6. Retention and deletion

Uploaded photos, face data and selections are deleted automatically and permanently 30 days after upload — or, if you set a parent ordering deadline, 30 days after that deadline. Parent orders are kept as your business records until you delete the session. You can delete sessions, or your whole account (from your profile), at any time.

7. Liability

We provide the service with reasonable care and skill. Except for damage caused intentionally or by gross negligence, and except where the law does not allow a limitation, our liability is limited to the amount you paid for the session concerned. We are not liable for content you upload, for missing consents or for claims arising from your relationship with parents.

8. Intellectual property

You keep all rights in your photos; we use them only to provide the service. The SmartCull and Fotóválogató software, interface and brand belong to us.

9. Consumers

SmartCull is intended for photography businesses. If you are nevertheless a consumer, you keep all rights that the law of your country of residence gives you, including any statutory right to cancel (see our refund policy).

10. Changes, law and contact

We may change these terms and will tell you by email or in your dashboard at least 15 days before the change takes effect. These terms are governed by Hungarian law, without depriving consumers of the protection of the mandatory rules of their country of residence. Complaints: hello@fotovalogato.hu — we reply within 30 days.

SmartCull is the UK service of Fotóválogató · operated by Foroszán Pál Márk ev. (sole trader, Hungary) · EU VAT HU91145804 · Pricing · Terms · Refunds · Privacy · Data processing · hello@fotovalogato.hu