Terms of Service

1. Who we are; how to contact us

Legal name

GS Software BV

Trade name

Fotofee

Registered office

Da Vincilaan 1, 1930 Zaventem, Belgium

Enterprise number (KBO/BCE)

0801.407.862

VAT number

BE 0801.407.862

Register

RPR Brussel

Email

[email protected]

Data-protection contact

[email protected]

We respond to support email within 5 working days. We are subject to Book VI of the Belgian Code of Economic Law (CDE/WER) and to the GDPR.

Point of contact under the Digital Services Act (Art. 11 and 12): [email protected]. Authorities of the Member States, the European Commission and the European Board for Digital Services, and anyone who uses Fotofee, can write to us there in Dutch, French or English.

2. What you can do on the platform

Fotofee is an AI-assisted photobook editor:

1. You upload your own photos.
2. Our software groups them, picks the strong ones, suggests crops, and lays out spreads.
3. You review, edit, and approve the result.
4. Our printing partner produces the book and ships it to you.

The result is a personalised printed product within the meaning of Art. VI.53.3° CDE / Art. 16(c) of Directive 2011/83/EU. The right of withdrawal therefore does not apply to the printed book from the moment you order it (see §7).

3. Account and acceptable use

To create a book you need an account. You are responsible for the accuracy of your account information, the legality of the photos you upload, and the security of your credentials.

Minimum age. You must be 18 or older to create an account and to order; if we learn that an account belongs to someone under 18, we close it. This limit concerns only who holds an account and orders, not the people in your photos or the people you share a book with.

You confirm you hold the rights to each photo you upload, or have permission from the rights-holder, and that uploading does not breach anyone’s image rights, copyright, or privacy.

You agree not to upload:

• Material depicting a minor in a sexual or sexualised way.
• Content unlawful under Belgian, Dutch, or EU law (terrorism content, hate speech, incitement, defamatory material).
• Anyone else’s identifiable image without a lawful basis (see §11).

We screen uploads with automated content moderation. We may refuse, delay, or terminate orders containing prohibited content. Material depicting the sexual abuse of a minor is reported to the Belgian Federal Police and Child Focus, and to NCMEC where applicable (Belgian Penal Code Art. 383bis).

Shared books: reports, our decisions and your options

If you share a book through a link, anyone who has the link can see it. A shared book must follow the same rules as an upload: no illegal content, no photo of a person published against their rights, no copied photos you have no right to use, and nothing that breaks these Terms.

Anyone who opens a shared book and sees something wrong can report it with “Report a problem” at the bottom of the shared page, or by writing to [email protected]. No account is needed. We ask for a short explanation, where in the book it is, and the reporter’s name and email (a report about child abuse can be sent without them).

As soon as a report arrives, we make the link unavailable while a person at Fotofee looks at it. Nothing is deleted at that moment. The reporter gets a confirmation if they gave an email address. A person then decides, without undue delay, and the decision is one of three:

• The link is switched off for good when the report is justified. The book itself stays in your account, but the link no longer works.
• The link works again when the report is not justified and no other report on that link is still open.
• The report is passed to the authorities when it concerns a suspected criminal offence, such as child sexual abuse material. We do this as the law requires and we may not be able to tell you first.

Statement of reasons. If we make your link unavailable, we email you a statement of reasons: what we did, the facts and circumstances we relied on, whether we acted on the law or on these Terms and which rule, whether automated means were used (they are not: a person decides), and how to contest it. We send it when the link becomes unavailable and again with the final decision. We do not send it where the law or the authorities tell us to keep quiet, which includes reports about child abuse.

If you disagree with a decision, reply to our email or write to [email protected]; a person will look at it again and answer. This does not take away your right to go to the courts of Belgium, or to use the consumer mediation service named in §9. Someone who reported a problem and disagrees with our decision can do the same.

4. Pre-contractual information (CDE/WER Book VI, CRD Art. 6)

Before you complete an order we display, in clear Dutch / French / English:

• The total price including VAT and shipping.
• Available payment methods (Bancontact, credit card, others where supported).
• The expected delivery window (never more than 30 days without written agreement).
• The shipping address.
• The fact that the right of withdrawal does not apply to the printed personalised book (you are told before you order — see §7).
• The legal 2-year guarantee of conformity (see §8).
• Our complaints procedure (see §9).

5. AI-assisted editing

We use AI to select, rank, crop, and lay out your photos. We do not use AI to make new images or to change what your photos show. AI does suggest the short texts in your book (chapter titles, introductions, captions) from what your photos show and from their dates and places; you see them before you order and can change titles in the editor.

For face grouping, we apply face detection and clustering. Face data is biometric and processed only with your explicit consent, which you can withdraw at any time. On withdrawal we stop face clustering immediately and remove cluster references on existing assets within 72 hours. We will not use your photos to train any model. See the Privacy Notice for details.

6. Prices and payment

• Prices are shown inclusive of Belgian VAT; the delivery cost is shown next to the price and added at checkout before you confirm. The applicable VAT rate and the total amount are stated at checkout before you confirm.
• Payment is taken at the moment you confirm the order.
• We accept Bancontact, Visa, Mastercard, and the other methods listed at checkout.
• We do not use personalised or dynamically adjusted pricing. If that ever changes we will disclose it at checkout, as required by the Omnibus Directive.
• Delivery address. At checkout we check the delivery address with an address-validation service (Google) and show you the result. The address you confirm after that check, or a suggested correction you accept, is the address we ship to. If the book cannot be delivered because that confirmed address is wrong or incomplete (for example a wrong house number or a missing unit), you bear the cost of a reshipment, at our actual cost (printer and carrier, no margin). If the cause lies with us, the printer or the carrier (for example an address they copied wrongly, or a book damaged or lost in transit), we bear that cost. Your statutory rights are unchanged.
• Promo codes. A promo code gives the reduction shown with it, under the conditions shown with it (what it applies to, until when, once per customer, any minimum order). One code per order; a code has no cash value and cannot be exchanged. A personal code can only be used with the account that has the e-mail address it was issued to. The reduction is calculated on our regular price, which is the lowest price we applied in the 30 days before the promotion. If your order is refunded, you get back what you paid; the reduction is not paid out.

7. Right of withdrawal — exemption for personalised goods

Under Art. VI.53.3° CDE (transposing Art. 16(c) of Directive 2011/83/EU), the 14-day consumer right of withdrawal does not apply to goods made to the consumer’s specifications or clearly personalised.

A printed photobook produced from your selection, your layout edits, and your approval is a personalised good. Before you order, one line above the order button tells you that your book is made to order and that the 14-day right of withdrawal therefore does not apply. Until you place the order, you may abandon the cart freely.

For purely digital deliveries (e.g. a separately sold PDF, should we ever offer one), the regime of Art. VI.53.13° CDE applies, with your express request for immediate performance and acknowledgement that you thereby lose the right of withdrawal.

For any non-personalised product we might offer in future (gift card, subscription, reprint from a fixed template), we will provide the electronic withdrawal function required by Directive (EU) 2023/2673.

8. Legal guarantee of conformity (2 years)

Belgian consumer law gives you a 2-year legal guarantee of conformity on the printed book. If the book you receive is not as it should be (for example wrong photos, wrong layout or a print defect), tell us within two months of noticing it and we will:

• Repair or replace the book free of charge.
• If repair or replacement is impossible or disproportionate, grant a proportionate price reduction or refund you.

This guarantee is independent of any commercial guarantee we might grant voluntarily.

9. Complaints procedure

• Email [email protected] with your order number and a description of the problem. Photos help.
• We acknowledge within 5 working days, propose a remedy within 15 working days, and resolve within 30 working days. If printing or shipping makes 30 working days impossible, we tell you why and give you a new date within 5 working days.
• You may also contact the Belgian Consumer Mediation Service (Consumentenombudsdienst / Service de médiation pour le consommateur), consumerombudsman.be, or a competent Belgian court (see §14).

10. Your photos — we keep them until you delete them

Fotofee keeps the photos you upload, as stored by Fotofee (resized to at most 5,000 px and compressed, capture data kept), and never overwrites them. The pipeline reads them, applies crops in memory and produces a separate book PDF. You can delete photos yourself at any time: one by one, by deleting the book, or by deleting your account. Fotofee also deletes them on these dates: photos that are on no book, 30 days after upload; an unordered book, with its photos, 30 days after its creation (we e-mail you before), after which only a small cover image and the title remain; once an order is at the printer, the photos that were not printed. The printed photos, the print file and the book’s layout are kept until 2 years after delivery, after which only the cover image remains.

You can export the photos you upload, as stored by Fotofee (resized to at most 5,000 px and compressed, capture data kept), at any time from your account settings.

11. Photos that include other people

You confirm that, for any photo you upload depicting an identifiable third person, you are uploading for private / household use consistent with Belgian portrait rights (Art. XI.174 CDE). Fotofee’s processing is limited to performance of the contract — no marketing, no testimonials, no public showcase, no cross-customer reuse.

If a person depicted contacts us asking that a photo be removed, we will work with you to honour that request (Art. 21 GDPR right to object).

We never use customer photos for our own marketing, testimonials, or sample books. Our public examples contain only stock-licensed or model-released material.

12. Limitation of liability

Fotofee is liable for damage caused by failure to perform its contractual obligations.

• We never exclude or limit liability for damage caused by gross negligence or wilful misconduct, for breach of an essential obligation, for harm to life or bodily integrity, for the 2-year guarantee of conformity, or under the Product Liability Directive.
• Beyond those, our liability is limited to direct damages and to twice the price of the order to which the damage relates.
• Backups: please keep your own copies of the photos you place on Fotofee. We make internal backups but Fotofee is not your backup service.

This clause is to be read together with the revised Product Liability Directive (EU) 2024/2853 once transposed into Belgian law.

13. Cookies, privacy, and AI

• Cookie Policy: fotofee.be/legal/cookies
• Privacy Notice: fotofee.be/legal/privacy
• AI in the pipeline: §5 above and Privacy Notice §4.

14. Governing law and jurisdiction

• These Terms are governed by Belgian law.
• For consumer contracts, you keep the protections of the mandatory rules of the law of your habitual residence (Art. 6 Rome I).
• Disputes are submitted to the Belgian courts; as a consumer you may also bring a dispute before the court of your habitual residence.

15. Changes to these Terms

Material changes (anything affecting your rights, the price, our liability, or the scope of processing) are notified by email at least 30 days before they take effect. Continued use after that period counts as acceptance. For orders already placed, the Terms in force at the time of the order continue to apply.

16. Linguistic versions

These Terms exist in English (source), Dutch, and French. The version in the language of the linguistic region of your habitual residence applies between you and us. The Dutch version is binding in Flanders, the French version in Wallonia, and in the Brussels-Capital Region you may choose. For consumers outside Belgium the English version is provided for understanding; the language obligations of Art. VI.99 CDE continue to apply to invoices and pre-contractual information.