Legal
Terms & Conditions of Use
This is an English translation provided for convenience; these Terms are governed by the laws of Mexico (see section 18).
Contents
- 1. Acceptance
- 2. Definitions
- 3. Description of the service
- 4. Registration and account
- 5. Plans, payments and billing
- 6. Cancellation and refunds
- 7. Your content and license
- 8. Third-party rights and depicted persons
- 9. Acceptable use
- 10. Galleries, links and end clients
- 11. Charging your clients (Stripe Connect)
- 12. piclink intellectual property
- 13. Availability and changes
- 14. Warranties and liability
- 15. Suspension and termination
- 16. Privacy
- 17. Changes to the Terms
- 18. Governing law and jurisdiction
- 19. Contact
1. Acceptance
These Terms & Conditions (the "Terms") govern access to and use of the piclink platform (the "Service"), available at https://piclink.mx and in the application https://app.piclink.mx, operated by Rodrigo Ricardo Méndez Gallegos (an individual with business activity, hereinafter "piclink", "we" or the "Data Controller"), with address at Camino del Teca 580, Tlajomulco, Jalisco, México and Tax ID (RFC) MEGR920423JZ6.
By creating an account, checking the acceptance box or using the Service, you declare that you have read, understood and accepted these Terms, as well as the Privacy Notice and the Cookie Policy. If you do not agree, you must not use the Service.
To use piclink you must be of legal age (18 years old) and have the legal capacity to be bound. If you use the Service on behalf of a company, you declare that you have the authority to bind it.
2. Definitions
- User / Photographer: a person who creates an account to host, organize, deliver or publish photographs.
- Content: photographs, images, text, names, covers, logos and any material that the User uploads or generates in the Service.
- Gallery: a set of photographs that the User delivers to their clients via a link, which may be password-protected.
- Public profile: the User's portfolio page, accessible at an
address of the type
piclink.mx/@username. - End client / Visitor: a person who accesses a Gallery or public Profile shared by the User, or who pays a quote the User issued to them.
- Payments feature: the ability, included in certain plans, to charge your clients the deposit or the total of a quote through Stripe Connect (see section 11).
- Connected account: the Stripe account in the User's name, linked to piclink, where payments from their clients are received.
3. Description of the service
piclink is an online platform (software as a service) that allows photographers to store photographs, create professional galleries, deliver them to their clients via a link, build a public profile/portfolio and share their work. The Service may include, among other features, image upload and processing, galleries with download, password protection, viewing metrics, notifications, tools to manage clients and quotes and, in certain plans, the Payments feature described in section 11.
The Service is provided "as is" and may evolve: we may add, modify or remove features at any time.
4. Registration and account
To use most features you must create an account providing truthful information and keep it up to date. You are responsible for:
- The confidentiality of your access credentials.
- All activity that occurs under your account.
- Notifying us immediately of any unauthorized use at hola@piclink.mx.
Registration may be done with email and password or through third parties such as Google. Authentication is managed with trusted identity providers.
5. Plans, payments and billing
piclink offers a free plan and paid plans with different limits and features (for example, storage, number of galleries or advanced capabilities). The free plan does not require a card.
- Subscriptions: paid plans are contracted for monthly or annual periods and renew automatically at the end of each period, unless you cancel before the renewal date.
- Payment processor: charges are processed through Stripe. piclink does not store your full card data; it is processed directly by the processor in accordance with its own policies.
- Prices and taxes: prices are shown in the indicated currency and may be subject to applicable taxes. We may update prices; changes will apply from the next renewal period.
- Promotions: promotional codes (such as the "Founder" program) are subject to their own conditions, availability and validity.
- Business plans: Agency or custom plans are contracted directly with sales at ventas@piclink.mx.
This section governs your piclink subscription. Payments your clients make to you through the Payments feature are governed by section 11.
6. Cancellation and refunds
You may cancel your subscription at any time from your account settings. Cancellation stops future renewals; you will retain access to paid features until the end of the period already paid for.
Unless applicable law provides otherwise or it is expressly stated, payments already made are non-refundable for partial periods. If you believe there is an improper charge, contact us and we will review it in good faith.
The above applies only to your piclink subscription. Refunds to your clients for services you charged them through the Payments feature are governed by section 11.
7. Your content and license
You retain ownership and all rights over the Content you upload. piclink claims no ownership over your photographs.
In order to provide you with the Service, you grant us a limited, non-exclusive, worldwide and revocable license to host, store, copy (for backup and performance purposes), resize, compress, transmit and display your Content solely for the purpose of operating and improving the Service and delivering it to the people you choose to share it with. This license ends when you delete the Content or your account, except for temporary backup copies or where a third party has already downloaded it.
You are solely responsible for your Content and for having all the rights, authorizations and licenses necessary over it.
8. Third-party rights and depicted persons
You represent and warrant that the Content you upload does not infringe copyright, trademarks, image rights, privacy or any other third-party right, and that you have the necessary authorizations from the depicted persons. piclink acts as a mere technical hosting and delivery intermediary, and does not review or curate Users' Content.
9. Acceptable use
By using the Service you agree NOT to:
- Upload unlawful, defamatory content, content that promotes hatred or violence, or sexual material of or involving minors.
- Infringe third parties' intellectual property or image rights.
- Upload malware, attempt to breach security, reverse engineer or access others' systems or accounts without authorization.
- Use the Service to send spam, impersonate identities or carry out fraudulent activities.
- Overload the infrastructure through abusive automation or circumvent your plan's limits.
- Use the Payments feature outside what section 11 allows.
- Resell or sublicense the Service without written authorization.
10. Galleries, links and end clients
You decide which Galleries and Profiles to share and with whom. Some Galleries may be password-protected; you are responsible for managing and sharing such passwords securely. Anyone with the link (and, where applicable, the password) will be able to view and, if you enable it, download the photographs. piclink is not responsible for how you distribute the links or for the use that end clients make of the downloaded Content.
11. Charging your clients (Stripe Connect)
If your plan includes it, piclink lets you charge your clients the deposit or the total of an accepted quote (the "Payments feature"). Payments are processed through Stripe Connect and deposited into a Stripe account in your name (the "Connected account"). piclink never receives, holds or keeps custody of that money.
11.1 Your Connected account and your agreement with Stripe
Payment processing services for Users on piclink are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, connecting your account or continuing to operate as a User of the Payments feature on piclink, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of piclink enabling payment processing services through Stripe, you agree to provide piclink accurate and complete information about you and your business, and you authorize piclink to share it and transaction information related to your use of the payment processing services provided by Stripe.
To activate the Payments feature, Stripe will ask you directly for identity, tax and banking information and will run the checks required by law and by its policies. Stripe decides whether to approve, condition, suspend or close your Connected account under its own agreement; piclink does not control those decisions and cannot reverse them. You may stop using the Payments feature at any time; payments already collected are not affected.
11.2 You are the seller
Each payment is a transaction between you and your client. You set the price, define the deposit, describe the service and are solely responsible for providing it and honoring what you agreed. piclink is not a party to that relationship: it is not a seller, an agent, a financial intermediary or a money transmitter, and it does not guarantee the quality, delivery or performance of the contracted service, nor payment by your client.
11.3 Fees
piclink charges no commission on your clients' payments. Stripe deducts its own per-transaction fees directly from your Connected account, according to its current pricing. If piclink introduces a platform fee in the future, we will give you reasonable advance notice and it will apply only to payments collected after that notice.
11.4 Payment methods and cash payments (OXXO)
The payment methods available for each charge are determined by piclink based on the amount, the currency and Stripe's configuration. Cash payments through OXXO have their own rules, which you must know and communicate to your clients:
- They are only available for the deposit, in Mexican pesos and up to the maximum amount per voucher set by Stripe.
- They cannot be refunded through Stripe under any circumstances.
- The payment is confirmed up to one or more business days after your client pays in store, and funds settle according to Stripe's timelines.
- The voucher expires if it is not paid within the indicated period; in that case your client may generate a new one or pay by card.
11.5 Refunds, cancellations and disputes
You decide your cancellation and refund policy and are responsible for communicating it to your clients before they pay. From piclink you can fully refund a card payment; the money goes back the same way and Stripe may take several days to reflect it. OXXO payments must be returned by your own means if you so agree with your client. Chargebacks and disputes are handled by Stripe under its rules and those of the card networks; if a dispute is resolved against you, the amount and the applicable fees are deducted from your Connected account. piclink does not take part in refunds, chargebacks or disputes, and is not liable for their outcome.
11.6 Taxes and invoicing
You are solely responsible for the tax obligations arising from the payments you receive: determining and charging any applicable VAT (IVA), issuing the digital tax invoice (CFDI) to your clients when they request it or the law requires it, filing and paying your taxes, and keeping your accounting records. The amounts you enter in a quote, including VAT if you apply it, are your responsibility.
11.7 Permitted use of the Payments feature
You may only use the Payments feature to charge for your own photography, video, design or other creative services that you provide and that are described in the corresponding quote. You may not use it to collect payments on behalf of third parties, for activities prohibited or restricted by Stripe's policies, or for fraudulent, simulated or unlawful transactions. We may suspend the Payments feature if we detect misuse, without prejudice to any measures Stripe takes on its own.
11.8 Data
To operate the Payments feature we share your email address and the data of each transaction with Stripe, and we receive from Stripe the status of your Connected account and of each payment. Stripe processes the data it collects to verify your identity under its own privacy policy. The details are in the Privacy Notice.
11.9 If you are a User's client paying a quote
When you pay a quote through piclink, the payment is received by the User who issued it to you (the studio or professional whose name appears on the quote) and is processed in their Connected account; piclink only provides the technology platform. Any question, cancellation, refund or claim about the contracted service or about the payment must be handled directly with that User. Cash payments at OXXO cannot be refunded through Stripe. The data you provide when paying is received by Stripe and by the User, as described in the Privacy Notice.
12. piclink intellectual property
The Service, its software, design, brand, logos, the name "piclink", the slogan "El revelado, reinventado" and all the elements that comprise it are the property of the Data Controller or its licensors and are protected by intellectual property laws. You acquire no rights over them beyond using the Service in accordance with these Terms.
13. Availability and changes
We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may perform maintenance, temporarily suspend the Service or modify its features. We recommend that you keep your own copies of your original photographs; piclink does not replace a personal backup system.
14. Warranties and liability
The Service is provided "as is" and "as available", without warranties of any kind, express or implied, to the maximum extent permitted by law.
piclink is likewise not liable for the services Users sell to their clients, for payments, refunds, chargebacks or disputes between them, or for decisions Stripe makes regarding a Connected account. Amounts your clients pay you through the Payments feature are not amounts paid to piclink and do not count toward the liability cap in the following paragraph.
To the extent permitted by applicable law, piclink shall not be liable for indirect, incidental, special or consequential damages, nor for the loss of data, revenue or profits. piclink's total liability to you, on any account, shall not exceed the amount you have paid for the Service in the twelve (12) months prior to the event giving rise to the claim. Nothing in these Terms limits rights that cannot be limited under applicable consumer protection law.
15. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or cancel your account if you breach these Terms, if your use represents a legal or security risk, or by legal requirement. After termination, your Content may be deleted in accordance with our retention periods described in the Privacy Notice.
If your account is cancelled, the Payments feature is no longer available. Your Connected account and any funds in it continue to be governed by your agreement with Stripe.
16. Privacy
The processing of your personal data and that of the people whose images you host is governed by our Privacy Notice, which is an integral part of these Terms.
17. Changes to the Terms
We may update these Terms to reflect legal, technical or business changes. We will publish the current version on this page with its update date and, when changes are substantial, we will make reasonable efforts to notify you. Continued use of the Service after the effective date constitutes your acceptance of the modified Terms.
18. Governing law and jurisdiction
These Terms are governed by the laws of the United Mexican States. For their interpretation and performance, the parties submit to the competent courts of the city of Guadalajara, Jalisco, Mexico, waiving any other jurisdiction that may correspond to them by reason of their present or future domicile.
19. Contact
For any questions about these Terms, write to us at hola@piclink.mx.