Effective Date: April 28, 2026
1. Acceptance of Terms; Contracting Entity; Scope
Welcome to Evoto Instant. These Terms of Use ("Terms") govern your access to and use of the Evoto Instant website, applications, cloud storage, galleries, project tools, photo delivery flows, optional purchase and download flows, and related services made available under the Evoto Instant brand (collectively, the "Services").
The Services are made available under the Evoto brand by the applicable Evoto contracting entity identified below ("Evoto Instant," "Evoto," "we," "us," or "our"):
• if you are located in the United States, Truesight Technology Inc.; or
• if you are located outside the United States, TRUESIGHT PTE. LTD.
By accessing or using the Services, creating an account, uploading content, enabling a feature, purchasing a subscription, or otherwise using any part of the Services, you agree to these Terms. If you do not agree to these Terms, you must not access or use the Services.
For privacy and data protection matters, the relevant Evoto entity acting as data controller for its own controller activities is described in the applicable Privacy Policy or supplemental notice. If a specific Service is provided by a different Evoto affiliate or entity, we will identify that in the relevant service page, order flow, order form, or notice.
2. Account Registration and Service Access
You may be required to create an account to use all or part of the Services. You must provide accurate registration information, keep your credentials secure, and promptly update your information if it changes. You are responsible for activities occurring under your account except to the extent caused by our breach of these Terms or applicable law.
You may use the Services only in compliance with these Terms, any supplemental terms that apply to a particular feature or workflow, and applicable law. Certain features may be available only to photographers, studios, project administrators, buyers, or other specific user roles.
Connected Accounts. In order to access certain features and functions of the Services, you may need to link certain third-party platforms or services supported by the Services to your account (each, a "Connected Account"). You are solely responsible for the proper setup, authorization, and ongoing integration of your Connected Accounts, and Evoto Instant will not be responsible for any failure, delay, or error in the setup, availability, or integration of any Connected Account. By linking or using any Connected Account in connection with the Services, (i) you represent and warrant that you are authorized to provide any credentials, log-in information, tokens, permissions, or other access rights made available by you in connection with such Connected Account (if applicable) and/or to grant us access to such Connected Account, (ii) you represent and warrant that your Connected Account is in good standing and that your use of it in connection with the Services does not violate any applicable third-party terms or applicable law, and (iii) you acknowledge and agree that we may access, receive, use, reproduce, transmit, and otherwise process content, data, metadata, and other materials made available through the Connected Account as reasonably necessary to provide, maintain, and support the Services in accordance with these Terms and any applicable Privacy Policy. You further acknowledge and agree that each Connected Account, including its availability, functionality, uptime, and continued interoperability with the Services, is determined solely by the applicable third-party provider. Evoto Instant will have no liability for any unavailability, suspension, discontinuation, modification, or termination of any Connected Account, or for any act or omission of any applicable third-party provider.
3. Subscription, Storage Plans, Credits, Auto-Renewal, and Payment Methods
Evoto Instant is generally offered on a paid subscription basis. Depending on the plan you purchase, your subscription may include cloud storage capacity, access to specific features, credits, or other usage entitlements or service quotas.
Certain features, including certain AI-assisted or processing-related functions, may consume credits where specified in the applicable pricing page, product interface, checkout flow, or supplemental terms.
Different subscription plans, storage plans, or add-on plans may have different validity periods, capacities, renewal terms, or feature scopes. Each subscription plan or storage plan is calculated independently based on the validity period applicable to that plan at the time of purchase. Purchasing an additional plan does not renew, restart, or extend the validity period of an existing plan unless expressly stated otherwise in the applicable plan description or purchase flow.
In mainstream countries and regions, Evoto generally supports credit cards and Stripe Link as payment methods for Subscriptions and other paid products or features, where available. In some countries or regions, credit cards, Stripe Link, or certain other payment methods may not be available, and Evoto may provide local payment methods or other payment options. The payment options available to you may vary depending on your location, account type, platform, payment channel, and the paid product or feature you purchase, and will be shown in the Software, on the Site, at checkout, or otherwise presented to you at the time of purchase. Full payment card details are generally processed by the applicable payment provider and are not stored by Evoto Instant.
Your subscription may renew automatically at the end of each subscription period unless you cancel before the applicable renewal charge is processed. By purchasing a subscription, you authorize us or the applicable payment provider to charge the then-applicable fees, taxes, and other amounts due using your payment method on file at each renewal, unless otherwise required by applicable law. If you upgrade your subscription, the upgraded subscription will take effect immediately, replace your then-current plan, and your billing cycle will reset as of the effective date of the upgrade. If you downgrade your subscription, the downgraded subscription will take effect immediately after the end of your then-current subscription period. At renewal, the applicable charges will be based on your subscription plan in effect at that time.
IF YOU CANCEL AUTO-RENEWAL, YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE THEN BILLING CYCLE.
IF YOU FAIL TO UPDATE YOUR PAYMENT INFORMATION OR IF WE ARE UNABLE TO COLLECT PAYMENT, YOUR SUBSCRIPTION WILL TERMINATE AT THE END OF THE THEN BILLING CYCLE.
If your subscription expires or is terminated, your cloud-stored content may remain available for up to 30 days. After that period, the content will be permanently deleted and cannot be recovered.
If your purchased, subscribed, promotional, complimentary, trial, or otherwise allocated Cloud Storage expires, is cancelled, is reduced, or becomes insufficient for your cloud-stored content, you are responsible for renewing, purchasing, or maintaining sufficient storage capacity in a timely manner. Subject to applicable law, any applicable product notice, and any applicable retention period stated by Evoto, if sufficient storage capacity is not maintained, Evoto may suspend access to, restrict use of, or delete cloud-stored content associated with the expired, cancelled, reduced, or insufficient storage capacity.
To the fullest extent permitted by applicable law, Evoto will not be responsible for loss, deletion, unavailability, or failure to restore cloud-stored content resulting from the expiration, cancellation, reduction, or insufficiency of your Cloud Storage entitlement, or your failure to renew, purchase, or maintain sufficient Cloud Storage capacity.
Refunds are subject to the Refund Policy, these Terms, the purchase terms presented to you at checkout, and applicable law.
YOU ARE NOT ALLOWED TO CANCEL ANY SUBSCRIPTION, PAY-AS-YOU-GO CREDIT PACKAGE, CLOUD STORAGE PLAN, ONE-TIME PURCHASE, OR OTHER PAID PRODUCT OR FEATURE AND RECEIVE A REFUND, EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE APPLICABLE REFUND POLICY, OR REQUIRED BY APPLICABLE LAW. EVOTO SHALL HAVE THE SOLE DISCRETION TO DETERMINE WHETHER YOUR REASONS AND DOCUMENTS ARE SUFFICIENT OR NOT.
In addition to the terms above, please refer to our REFUND POLICY.
We may from time to time offer trial access, promotional subscriptions, beta access, promotional credits, temporary storage benefits, or other limited offers. Unless expressly stated otherwise in the applicable promotional terms, we may determine eligibility, scope, duration, feature access, credit amount, storage amount, renewal treatment, and other conditions applicable to such offers in our discretion, and we may modify, suspend, or terminate such offers on a prospective basis. At the end of the applicable trial or promotional period, the relevant feature access, credits, storage entitlement, or other benefit may expire, convert to paid access, or become unavailable unless you complete the required paid subscription or other activation step.
4. Cloud Storage, Project Data, Retention, and Deletion
The Services may allow you to upload, host, organize, store, deliver, distribute, and manage photos, project data, participant information, gallery settings, comments, order-related data, and related materials (collectively, "Project Data"). Content stored under your account and counted toward your available cloud storage will consume storage space in accordance with the applicable plan rules.
If the storage space used by your account exceeds the amount of storage space that remains valid under your active plan or plans, expired storage space may be frozen. In that case, you may be unable to store additional new data that would increase your usage beyond your valid storage capacity unless you renew, upgrade, delete content, or otherwise reduce usage.
If you delete a project, the associated project photos and related project data, including associated feature-specific data linked to that project, will be deleted in the ordinary course, subject to limited backup, cache, logging, legal hold, security, fraud prevention, and technical cleanup processes.
If your subscription expires or is terminated, project photos, related user data, and related project-derived data may remain available for up to thirty (30) days solely to allow renewal, recovery, export, account reactivation, or service continuity. After that period, the relevant data will be permanently deleted or rendered non-recoverable in the ordinary course, unless a longer retention period is required by applicable law or is necessary for security, fraud prevention, or the establishment, exercise, or defense of legal claims.
Certain cached, logged, or backup copies may continue to exist for a limited period and may be deleted or overwritten on a rolling basis under system rules. You are responsible for monitoring your plan validity, storage usage, and export or backup needs before the applicable retention period expires.
5. Photographer Content, Participant List, and Customer Responsibilities
As between you and Evoto Instant, you retain the rights you have in the photos, images, project content, captions, metadata, and other materials you upload or make available through the Services (collectively, "Your Content"), subject to the rights and licenses necessary for us to operate the Services.
You represent and warrant that you own or have all rights, permissions, releases, notices, consents, authorizations, and other lawful bases necessary to upload, store, share, distribute, sell, license, or otherwise use Your Content and related Project Data through the Services.
Unless you separately and expressly agree otherwise in writing, Evoto Instant will not use photos or other image content that you upload through the Services to train Evoto Instant’s or Evoto’s generalized or foundational artificial intelligence or machine learning models.
If you upload or use a participant list or similar contact list ("Participant List"), you represent that you have a valid legal basis to collect, upload, and use that information for the relevant project and that you have provided any notices required by applicable law. A Participant List may include limited contact details of your customers, participants, or invitees, such as name, nickname, and email address, for the purpose of distributing or facilitating access to Works or Project Data.
You are solely responsible for determining whether the Services are appropriate for your personal, professional, studio, organizational, or business use and for complying with all laws applicable to Your Content, Participant Lists, project distribution, buyer communications, marketing communications, sales flows, and related activities. You must not upload or provide personal data unless you have the necessary lawful basis and required notices, permissions, or authorizations.
6. Optional Face-Based or AI-Assisted Features
Certain features of Evoto Instant may use face-based, facial matching, face grouping, image analysis, or other AI-assisted processing, including features such as Find Me, Interact, or similar project tools. These features are optional unless expressly stated otherwise. Choosing not to enable or use an optional feature will not by itself prevent you from using other available features of the Services.
If you enable, administer, or use any optional feature that uses facial recognition, face matching, face grouping, or similar functionality in connection with a project, you are responsible for determining and satisfying any notice, consent, permission, authorization, parental authorization, lawful basis, transparency, or other legal requirement applicable to your use of that feature under applicable law.
Feature-specific supplemental terms, notices, and consent flows may apply. For example, Find Me may involve a separate end-user notice and consent flow before a person uploads a reference image, and Interact is offered only as an optional project-level tool subject to its own activation terms.
Unless expressly stated otherwise in the applicable feature-specific terms, optional face-based features are intended only to support the relevant project workflow, are not intended for identity verification, are not used to build cross-project identity profiles, and are not used to train Evoto Instant’s or Evoto’s generalized or foundational artificial intelligence or machine learning models.
7. Privacy, Data Processing Roles, DPA Incorporation, and International Transfers
Depending on the processing activity, Evoto Instant may act either as a data processor, service provider, contractor, or similar intermediary on your behalf when providing hosting, storage, gallery administration, project delivery, project management, and related customer-facing workflows, or as an independent controller, business, or similar responsible party for limited purposes such as account administration, subscription management, credits administration, payment support, service security, fraud prevention, legal compliance, audit, support, and service analytics used to operate, secure, and improve the Services in accordance with applicable law.
You acknowledge that, as between you and the individuals whose personal data you upload or make available through the Services, you are generally responsible for determining whether you act as a controller, business, or other primary responsible party under applicable law and for satisfying the corresponding legal requirements.
Where you act as a business, organization, studio, agency, professional, or other enterprise or commercial user and Evoto Instant processes personal data on your behalf in connection with the Services, the Evoto Global Data Processing Agreement ("DPA") forms part of these Terms and is incorporated by reference. Where applicable, the DPA may also include or incorporate the EU Standard Contractual Clauses, the UK International Data Transfer Addendum, Swiss supplementary clauses or adaptations, and other regional data transfer terms required by applicable data protection laws. By accepting these Terms, you also agree to the DPA, which becomes effective accordingly without the need for a separate signature where validly incorporated into the applicable agreement. If you use the Services only for your own personal or household purposes and Evoto Instant does not process personal data on your behalf as a processor, service provider, or contractor, the DPA does not apply.
More detailed information regarding privacy practices, controller and processor scenarios, retention, and international transfers is set out in the applicable Privacy Policy, end-user privacy notice, and any applicable data transfer documentation.
Your use of the Services may involve processing, hosting, storage, or transfer of Project Data and related personal data in the United States, including on Amazon Web Services infrastructure located in Oregon, and in other jurisdictions where Evoto Instant or its service providers operate. Where required by applicable law, Evoto Instant will implement appropriate transfer safeguards, such as SCCs, the UK Addendum, Swiss clauses or adaptations, adequacy-based mechanisms, or other legally recognized transfer tools, as further described in the DPA, Privacy Policy, or other applicable transfer terms.
8. Acceptable Use and User Restrictions
As a condition of using the Services, you agree not to use the Services for any unlawful purpose, any purpose prohibited by these Terms, or any purpose not reasonably intended by Evoto Instant. Without limitation, you agree not to:
• abuse, harass, threaten, impersonate, or intimidate any person;
• post, upload, or transmit content that is illegal, defamatory, obscene, abusive, infringing, fraudulent, or otherwise objectionable;
• use the Services in violation of privacy, publicity, portrait, consumer protection, copyright, data protection, biometric, or similar laws;
• send spam or other unsolicited communications using information obtained through the Services without the required legal basis or consent;
• use robots, spiders, scrapers, or other automated means to access the Services without our express written permission, except where permitted by law and by our technical rules;
• interfere with the proper operation, security, or integrity of the Services, or bypass technical restrictions;
• upload malicious code, harmful files, or content intended to damage systems or data; or
• use optional face-based features to identify a person outside the relevant project context, build cross-project recognition databases, or otherwise use such features beyond their permitted scope.
We may remove, restrict, disable, or refuse access to content, projects, accounts, or features where reasonably necessary for legal, regulatory, security, fraud prevention, abuse prevention, infringement handling, or platform integrity reasons.
9. Purchases, Download-Related Flows, and Supplemental Terms
Evoto Instant may offer or support gallery access, paid downloads, purchases, tips, comments, delivery links, and related end-user flows. Additional supplemental terms may apply to specific transactions, including photographer upload and license terms, purchase and download terms, feature activation terms, pricing disclosures, or checkout disclosures.
Unless expressly stated otherwise in separate written terms or the applicable checkout flow, a transaction for the purchase of photographic works is generally formed directly between the photographer and the buyer, and Evoto Instant acts as a technology platform facilitating the relevant workflow. Evoto Instant is not generally the seller, merchant of record, guarantor, or primary licensor of those works solely by providing the platform workflow.
Where permitted by applicable law and disclosed in advance, Evoto Instant may charge fees for certain features or services. Any applicable fees will be disclosed in the pricing page, product interface, order flow, checkout flow, or supplemental terms, and will apply prospectively only.
10. Third-Party Services, Links, and Supplemental Integrations
The Services may contain, integrate with, link to, or rely on third-party services, websites, payment channels, login services, cloud or communications providers, embedded tools, or other third-party integrations. Your use of such third-party services may be subject to the applicable third party’s own terms, privacy notices, and operational rules.
To the maximum extent permitted by applicable law, Evoto Instant is not responsible for the availability, content, security, accuracy, policies, or practices of third-party services or websites that Evoto Instant does not own or control. However, nothing in this section limits any responsibility that Evoto Instant may have under applicable law for its own acts, omissions, or express service commitments.
11. Disclaimers, Suspension, Termination, Limitation of Liability, and Indemnification
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted availability, error-free operation, successful delivery of all files, or the completeness, accuracy, or suitability of user-uploaded content or third-party content.
We are not obligated to monitor all user content, but we may review, remove, disable, screen, or block content, features, or access where reasonably necessary to enforce these Terms, protect users, maintain service integrity, or comply with law.
We may suspend, restrict, or terminate all or part of the Services or your access to them where reasonably necessary for security, abuse prevention, fraud prevention, non-payment, legal compliance, infringement handling, technical operations, or your breach of these Terms. If we terminate a paid subscription for convenience and not because of your breach or misuse, we may provide a prorated refund for any remaining full months of the then-current subscription term, unless the applicable plan or law provides otherwise.
To the maximum extent permitted by applicable law, Evoto Instant and its directors, officers, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or related to the Services, even if advised of the possibility of such damages. To the maximum extent permitted by applicable law, our total liability arising out of or relating to these Terms or the Services will not exceed the last subscription or service fee you paid to us for the specific Service giving rise to the claim.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Evoto Instant and its affiliates, directors, officers, employees, agents, licensors, and service providers from and against third-party claims, liabilities, damages, losses, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your breach of these Terms or applicable supplemental terms; (b) Your Content, Participant Lists, project settings, sales activity, or other materials, data, or instructions that you upload, provide, submit, or otherwise make available through the Services; (c) your failure to obtain any notice, consent, permission, release, authorization, parental authorization, or other lawful basis required in connection with photos, participant information, buyer information, or optional face-based features; (d) your violation of applicable law or third-party rights; or (e) your misuse of the Services, including any misuse of optional face-based features. This indemnity does not apply to the extent that a claim results from Evoto Instant’s own breach of applicable law, fraud, willful misconduct, or gross negligence, where such limitation is not permitted by applicable law.
12. Governing Law, Jurisdiction, Class Action Waiver, and Jury Trial Waiver
Except to the extent prohibited by applicable law or by any non-waivable rights you may have under applicable consumer protection laws:
• if you are located in the United States, and your applicable Evoto contracting entity under these Terms is Truesight Technology Inc., these Terms shall be governed by the laws of the State of Delaware, United States, without regard to conflict of laws principles, and you consent to the exclusive jurisdiction of the state or federal courts located in Delaware, United States; and
• if you are located outside the United States, and your applicable Evoto contracting entity under these Terms is TRUESIGHT PTE. LTD., these Terms shall be governed by the laws of Singapore, and you consent to the exclusive jurisdiction of the courts of Singapore with jurisdiction.
In any action or proceeding related to these Terms, venue shall lie exclusively in the applicable courts identified above, and in no other location. In any action or proceeding arising under these Terms, you shall appear for deposition at your own expense in the applicable forum at such time as is either mutually agreed upon or ordered by the court.
To the maximum extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Services must be brought and maintained solely in an individual capacity, and not as a plaintiff, claimant, or class member in any purported class, collective, representative, mass, consolidated, or private attorney general action or proceeding. To the maximum extent permitted by applicable law, each party waives any right to commence, maintain, participate in, or recover relief through any such class, collective, representative, mass, consolidated, or private attorney general action or proceeding against the other party in connection with these Terms or the Services. Unless all parties otherwise agree in writing, the court may not consolidate the claims of more than one person or otherwise preside over any form of a class, collective, representative, mass, or consolidated proceeding, and may award relief only as necessary to resolve the individual claim of the party seeking relief. The parties acknowledge that this waiver is a material and essential basis of these Terms.
To the maximum extent permitted by applicable law, each party waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Services.
If any portion of the class action, collective action, representative action, mass action, consolidated action, or private attorney general waiver in this section is found to be unlawful, void, or unenforceable with respect to a particular claim or request for relief, then that portion shall be severed and shall not apply to that claim or request for relief, and such claim or request for relief may proceed only to the minimum extent necessary under applicable law. The remainder of this section and all other dispute resolution, forum selection, governing law, and jury trial waiver provisions in these Terms shall continue in full force and effect to the maximum extent permitted by law.
13. Amendments; Assignment; Entire Agreement; Language
We may update these Terms from time to time to reflect changes in law, the Services, or our business practices. The updated version will be posted through the relevant service page, website, product interface, or other appropriate location, and will become effective as stated in the update notice. Where required by applicable law, or where changes materially affect your rights, we may provide additional notice and obtain any consent required by law.
You may not assign, transfer, delegate, or sublicense these Terms, your account, or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of the foregoing is void to the maximum extent permitted by applicable law. Evoto Instant may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, change of control, or sale of assets, provided that such assignment does not reduce any non-waivable rights you have under applicable law.
These Terms, together with any applicable supplemental terms, pricing disclosures, order forms, feature notices, privacy notices, the Privacy Policy, and, where applicable, the DPA and incorporated transfer terms, constitute the entire agreement between you and Evoto Instant regarding the subject matter covered by these Terms and supersede prior understandings relating to that subject matter.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision is not a waiver of our rights.
These Terms were originally written in English. If any translated version conflicts with the English version, the English version will control to the extent permitted by applicable law.