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Terms of Service

Last updated: June 16, 2026

This is a binding agreement. Please read it in full before completing your registration. Galerist is a professional (B2B) service: by registering you represent that you are acting in the course of a business, trade, or profession (photographer, videographer, photo studio).

Minimum age 18 — Worldwide service. Galerist is available worldwide to users who have reached the age of majority and have full legal capacity to enter into contracts. The Service is not directed to residents of countries or territories subject to OFAC, EU, or UN economic sanctions, nor to persons listed on applicable sanctions lists. If you access the Service from a jurisdiction that prohibits or restricts foreign cloud services, you are solely responsible for local compliance.

1. Definitions

  • Galerist or “we”: Palumbo Schiavone Giulio, a sole proprietorship (artisan business) based in Portici (NA), Italy, Italian tax code PLMGLI87L29A509H, VAT ID 09223291213, business registry REA NA‑1020907, certified email giulio.palumboschiavone@pec.it. The complete street address is provided on written request to privacy@galerist.photo pursuant to art. 7 of Italian Legislative Decree 70/2003.
  • Service: the SaaS platform accessible at galerist.photo and its subdomains.
  • User or “you”: the professional photographer or videographer who registers an account.
  • End Client: the recipient of galleries shared by the User.
  • Content: photographs, videos, metadata, and any other file uploaded by the User to the platform.
  • AUP: Acceptable Use Policy, the set of permitted uses described in art. 5.

2. Purpose of the agreement

Galerist provides a technical hosting service within the meaning of Italian Legislative Decree 70/2003 (implementing Directive 2000/31/EC) and articles 4‑6 of EU Regulation 2022/2065 (“DSA”). The Service allows the User to upload photo and video galleries, share them with End Clients via link and password, and manage delivery and proofing workflows. Galerist does not select, edit, or promote User Content.

3. Account, eligibility and responsibility

To register you must:

  • Be at least 18 years old (regardless of local age of majority, we apply 18 as a global threshold)
  • Have the legal capacity to enter into binding contracts in your jurisdiction
  • Act in the course of a profession, business, or trade
  • Not reside in a country subject to OFAC, EU, or UN economic sanctions relevant to the Service
  • Provide accurate, up-to-date, and complete information
  • Keep your access credentials safe

You are responsible for any activity carried out through your account, including by third parties who gained access to your credentials. In the event of suspected compromise you must notify us immediately at support@galerist.photo. Galerist is not a public consumer / UGC platform: end clients are not registered users and have no autonomous publishing capability.

4. Content ownership and license

You retain full intellectual property in the Content you upload. Galerist acquires no rights other than the non‑exclusive, royalty‑free, limited, revocable, and non‑transferable license strictly necessary to: store, transcode, generate previews and thumbnails, deliver the Content to End Clients who hold the link and password, perform technical backups, and run anti‑abuse scans pursuant to art. 6.

You represent and warrant that you hold all rights required for the Content you upload, including releases from the persons depicted (under arts. 96 and 97 of Italian Law 633/1941, art. 10 Italian Civil Code, and equivalent legislation in other jurisdictions such as the right of publicity in the United States) and, where minors are depicted, authorization from the parent or guardian. You indemnify Galerist against any third‑party claim arising from Content uploaded in breach of such rights.

Optional Face Recognition. Some plans offer an optional Face Recognition feature that, when you enable it on a gallery, generates biometric data(non‑reversible numeric facial‑feature vectors) of the persons depicted, to let you and your End Clients organise and search the photos by person (see the DPA, art. 3.1). The feature is off by default. By enabling it you act as data controllerfor that biometric processing and represent and warrant that you have a valid legal basis under art. 9 GDPR — typically the explicit consent of the data subjects — and any further authorization required by applicable biometric‑privacy laws (e.g. the Illinois BIPA and similar U.S. state laws). Galerist acts solely as Processor on your behalf, stores the embeddings only for the lifetime of the gallery, and never stores visitors' search selfies. You indemnify Galerist against any third‑party claim arising from your enabling of this feature without a valid legal basis.

5. Acceptable Use Policy (AUP)

You are strictly forbidden from uploading, sharing, or transmitting through the Service:

  • Child sexual abuse material (CSAM) or any depiction of child abuse
  • Non‑consensual intimate imagery (NCII), revenge porn, non‑consensual deepfakes
  • Content that infringes the copyright or other intellectual property rights of third parties
  • Content that violates the image, privacy, or personal identity rights of third parties
  • Material inciting violence, racial, religious, or gender‑based hatred, or defamatory material
  • Content illegal in Italy or the EU (including material related to terrorism, violent extremism, drug or weapons trafficking)
  • Malware, files with executable payloads disguised as images, content that threatens information security
  • Spam, unsolicited commercial content, advertising

Galerist may run automated scans to identify CSAM (PhotoDNA matching via the Cloudflare CSAM Scanning Tool) and other manifestly illegal content. On match, the content is removed without notice, the account may be suspended, and we will file the reports required by law (NCMEC in the United States, Italian Postal Police under Law 38/2006).

6. Removal, suspension, termination

Galerist reserves the right, without prior notice, to:

  • Remove individual Content that violates the AUP or is reported as illegal via the abuse‑report form
  • Temporarily suspend the account for investigation, including on reasonable suspicion
  • Permanently terminate the contractual relationship in case of serious or repeated breach
  • Retain a copy of removed Content for 6 months in a confidential archive to support investigations by competent authorities

Reports of illegal content received via the dedicated form will be handled “without undue delay” within the meaning of art. 17 of Italian Legislative Decree 70/2003 and art. 16 DSA, according to the SLAs published on the abuse‑report page (24h for CSAM, 7 days for copyright and illegal content, 30 days for GDPR erasure requests).

7. Plans, prices and payments

Galerist offers one‑time plans (single gallery purchase) and subscription plans (monthly or annual). Current prices are published at /pricing and include applicable VAT where due. Payments are processed by Stripe Payments Europe Ltd. as third‑party payment provider; Galerist does not store card data. Subscriptions auto‑renew at the end of each billing period unless cancelled before renewal via the Stripe Customer Portal.

For refunds see the Refund policy.

8. Service availability

The Service is provided on an “as available” basis. We do not guarantee a contractually defined uptime. We will use commercially reasonable efforts to keep the Service operational and to communicate significant incidents by email. For critical Content (e.g. sole copy of an event's photographs) it is your responsibility to maintain independent backups.

9. Limitation of liability

To the maximum extent permitted by law, Galerist's aggregate liability for any damage arising under or in connection with the Service or this agreement is limited to the amount actually paid by the User in the twelve months preceding the event giving rise to the claim. Galerist is not liable for indirect damages, loss of clients, loss of reputation, or loss of data resulting from the User's failure to maintain independent backups.

Non‑waivable statutory rights in cases of intentional misconduct or gross negligence remain unaffected.

10. Termination and account deletion

You may terminate the contract at any time by deleting your account from Settings or by emailing support@galerist.photo. A 30‑day grace period begins on the date of the deletion request, during which you can restore the account; upon expiration personal data and galleries are permanently deleted. Tax records are retained for the statutory retention period (10 years under art. 2220 of the Italian Civil Code).

11. Changes to these terms

We may update these Terms to reflect changes in law, the Service, or pricing. Material changes will be communicated by email at least 30 days in advance. Continued use of the Service after the change takes effect constitutes acceptance. If you do not accept, you may terminate without penalty and obtain a pro‑rata refund of any unused period.

12. Assignment

The User hereby consents to the assignment of this agreement by Palumbo Schiavone Giulio to a successor legal entity (e.g. a newly incorporated company controlled by Palumbo Schiavone Giulio) with the same business object. The assignment will be notified at least 30 days in advance by email; users who do not wish to continue may terminate without penalty within that period.

13. Governing law and jurisdiction

Except as provided in art. 13bis for users residing in the United States, this agreement is governed by Italian law, excluding conflict‑of‑law rules. Any dispute arising between the parties is subject to the exclusive jurisdiction of the Tribunal of Naples. Recourse to alternative dispute resolution (ADR) procedures is preserved where mutually agreed.

Non‑waivable consumer rights that may residually apply to users resident in the European Economic Area under their local law remain unaffected.

13bis. Arbitration clause for users residing in the United States

PLEASE READ — this clause affects your rights. It applies only to users who, at the time of accepting these Terms, reside in the United States of America.

Any dispute between you and Galerist will be resolved through binding individual arbitration under the Federal Arbitration Act (FAA, 9 U.S.C. §§ 1‑16). The parties expressly waive the right to proceed before a court (except in small claims courts where permitted) and the right to participate in a class action or class arbitration (class arbitration waiver).

  • Seat of arbitration: New York, NY, or virtual upon agreement of the parties
  • Language: English
  • Rules: JAMS Streamlined Arbitration Rules (jamsadr.com), as modified by written agreement
  • Costs: each party bears its own attorneys' fees; the User's filing fee is capped at the equivalent of a small claims court fee, with the balance borne by Galerist
  • 30‑day informal resolution: before initiating arbitration the User must send Galerist written notice of the dispute (legal@galerist.photo) and wait 30 days for informal resolution
  • Opt‑out: you may opt out of this arbitration clause by sending, within 30 days of first accepting the Terms, a written notice to legal@galerist.photo with subject “Arbitration Opt-Out”, indicating name, email, and an explicit opt‑out statement. Alternatively, postal notice may be sent addressed to “Palumbo Schiavone Giulio, Portici (NA), Italy” (complete street address available on request at legal@galerist.photo). The opt‑out does not affect the other articles

If the class arbitration waiver is found unenforceable, the entire arbitration clause is void and the jurisdiction provision in art. 13 applies.

13ter. DMCA — Designated Agent

Galerist participates in the safe harbor regime of the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512). Copyright infringement notices and counter‑notices may be submitted via the abuse‑report form selecting “Copyright”, via email to dmca@galerist.photo, or through the designated agent registered with the US Copyright Office DMCA Directory (the agent's complete physical contact details are available in the public directory). Notices must satisfy the formal requirements of § 512(c)(3): identification of the work, identification of the infringing material, good‑faith statement, sworn statement of authority, and electronic signature. Non‑compliant notices may be rejected without further action.

14. Privacy and data processing

For information about how we process your personal data, see the Privacy Policy and the Processor agreement under art. 28 GDPR (DPA), which you accept on registration.

15. Specific approval of onerous clauses

Pursuant to and for the purposes of arts. 1341 and 1342 of the Italian Civil Code, the User declares to have read, understood, and specifically approved the following clauses:

  • Art. 6 (removal, suspension, and termination without notice)
  • Art. 8 (no contractually guaranteed SLA)
  • Art. 9 (liability cap equal to the last 12 months paid)
  • Art. 11 (unilateral changes to the Terms)
  • Art. 12 (assignment of the contract to a successor entity)
  • Art. 13 (exclusive jurisdiction of Naples)
  • Art. 13bis (mandatory individual arbitration + class action waiver for U.S. users)

Approval of these clauses is collected via a separate checkbox at registration.

References: Italian Legislative Decree 70/2003 (eCommerce Directive 2000/31/EC); EU Regulation 2022/2065 (Digital Services Act); EU Regulation 2016/679 (GDPR); Italian Civil Code arts. 1341‑1342 (onerous clauses); Italian Law 633/1941 (copyright, image rights); Italian Law 38/2006 (CSAM); 17 U.S.C. § 512 (DMCA); Federal Arbitration Act, 9 U.S.C. §§ 1‑16.