1. Scope and provider
These General Terms and Conditions («T&C») govern the use of the PortraitFlow service (customer portal, personal upload links for employees, editing and delivery of employee portraits, API) of VideoPhotoWorkers GmbH, Fröschenweidstrasse 2, 8404 Winterthur, Switzerland, UID CHE-477.837.124 («VideoPhotoWorkers»).
They are addressed exclusively to companies and organisations («Customer»). Only these T&C apply to PortraitFlow. The general terms of VideoPhotoWorkers GmbH for photo and video assignments do not apply to it.
2. Conclusion of contract
The contract is concluded by acceptance of the offer. These T&C form part of the offer. Section 14 applies to the trial account.
3. Services and completion
VideoPhotoWorkers has a photographer edit the photos provided by the Customer or uploaded by employees (cutout, new background, retouching) and provides them in up to two variants: JPEG with background and cut-out PNG.
Completion takes place within a maximum of 5 business days from complete receipt of the photo. This also applies to portraits added later.
4. Approval, corrections and complaints
The person depicted reviews their edited image and approves it or states change requests. Until approval, the download is blocked. Change requests and corrections are included; the number of correction rounds is not limited. A retake can be arranged on request.
Complaints after approval must be reported within 6 business days; otherwise the service is deemed approved.
5. Prices and payment
Prices apply per person as stated in the offer and are exclusive of VAT. Portraits added later are charged at the price agreed in the offer. The invoice must be paid within the period stated on it, usually 30 days.
In case of late payment, default interest of 5% per year and a reminder fee of CHF 50.– for the 2nd (final) reminder are charged. Price changes are announced at least 30 days in advance.
6. Annual subscription
The annual subscription is optional. The term is 12 months. It renews automatically for further periods of 12 months unless it is terminated with 30 days’ notice before expiry. Termination is made in writing or by email.
7. Usage rights
Upon full payment, the Customer acquires the unlimited right to use the portraits for its own purposes, for example on the website, for badges and in directories. Sublicensing to third parties is excluded. Crediting VideoPhotoWorkers is not required.
Not included is the use of the portraits for training, fine-tuning or validating AI models or comparable automated systems, neither by the Customer nor by third parties engaged by it. The provisions of the Swiss Copyright Act (CopA) remain reserved.
8. Employees and consent
The Customer remains responsible for the legal basis and for informing its employees. Before the photo upload, VideoPhotoWorkers provides a consent statement (standard text or text set by the Customer) and logs time, IP address and wording. The Customer is responsible for the accuracy of the employee data transmitted.
9. Data processing
The Customer is responsible for the data of its employees. VideoPhotoWorkers processes images and related data on behalf of the Customer, exclusively for the Customer’s purpose and in accordance with the Swiss Data Protection Act (FADP). No separate data processing agreement is concluded; these T&C and the privacy policy are decisive.
The images are stored with cloudscale.ch in Switzerland; the application and database run on servers in Switzerland. VideoPhotoWorkers takes appropriate technical and organisational measures. Only internal employees of VideoPhotoWorkers have access to customer data.
Data is only disclosed to third parties with the Customer’s consent. Technical service providers for storage and operation are excepted. In the event of a data security breach, VideoPhotoWorkers informs the Customer as quickly as possible.
Requests from data subjects (access, correction, deletion, withdrawal) are to be addressed to studio@portraitflow.ch or to the address in the imprint and are normally answered within one day.
10. Artificial intelligence
The photographer uses local AI tools and controls them manually. No generative AI is used. Images are not transmitted to external AI services and are not used for AI training.
11. Self-promotion and reference
VideoPhotoWorkers only uses customer images for its own advertising, or passes them on to third parties, with the Customer’s prior express consent. Naming the Customer as a reference also requires consent. Tacit consent does not apply.
12. Retention, backup and deletion
After the contract ends, the data remains stored for the Customer’s later access and is archived offline after about one year. Backup copies of the application, the database and the images exist and are stored securely.
On the Customer’s request, VideoPhotoWorkers deletes the data manually. Individual data is only removed from database backups when the backup cycle expires.
13. Access, portal and API
Access credentials and API keys must be treated confidentially and, if misuse is suspected, reported or revoked immediately. The API is available to active contract customers and is rate-limited. In case of misuse, VideoPhotoWorkers may block access. VideoPhotoWorkers endeavours to provide reasonable availability but does not guarantee any particular availability.
14. Trial account
The trial account is free of charge and non-binding, limited to up to 3 employees and provides a demo edit. The API is not available in the trial account. There is no entitlement to particular services or availability. By registering for the trial account, these T&C apply.
The test data is deleted within 30 days after the test project expires, or earlier on request. We remind the Customer by email 7 days before the deletion.
15. Liability
VideoPhotoWorkers is only liable for intent and gross negligence, including the conduct of auxiliary persons. To the extent permitted by law, liability is limited to the fees paid by the Customer for PortraitFlow in the 12 months preceding the damaging event (annual fee).
16. Changes to these T&C
VideoPhotoWorkers may change these T&C. Changes are announced by email at least 30 days before they take effect.
17. Applicable law and jurisdiction
Swiss law applies. The exclusive place of jurisdiction is the registered office of VideoPhotoWorkers GmbH in Winterthur, Switzerland.
The imprint and privacy policy can be found at photoworkers.ch/impressum and photoworkers.ch/datenschutz.