Terms of Service

These Terms of Service (“Terms”) govern your use of the whoshotyou platform at whoshotyou.com, operated by:

Arxes Consultancy GmbH
Zahnradstrasse 22
8005 Zürich, Switzerland
Email: hello@whoshotyou.com

Arxes Consultancy GmbH is referred to in these Terms as “the Operator”, “we”, “us”, or “our”.

whoshotyou is a global marketplace for action sports photography and videography. The Platform allows photographers to upload, organize, and sell media; athletes and sports enthusiasts can find and purchase content of themselves or their sessions.

Definitions

Registration is required to access the full functionality of the Platform. Photographers must register to upload and sell media. Athletes may register to access purchase history and other account features, but may also complete purchases as guests without registration.

During registration, users must provide a valid email address, a unique username (minimum 3 characters), and a password meeting the following requirements: minimum 8 characters, including at least one uppercase letter, one lowercase letter, one digit, and one special character.

Where required by our authentication provider, account activation may include an email verification step. Account holders are responsible for ensuring the email address provided remains accurate and accessible.

The minimum age to use the Platform is 16 years. By registering you confirm via a separate registration checkbox that you are at least 16 years old. If you are under 16 you may not register and may not use any account features that require registration.

Users register either as an Athlete or a Photographer. The account type is selected at registration and determines the features available to you. Photographers must set default prices for their photos and videos before publishing albums, and may override those defaults on a per-album or per-item basis.

Photographers are additionally required to read and explicitly acknowledge the Photographer Acknowledgment set out in Section 3.1 before they can complete registration. Acceptance of these Terms, of the Privacy Policy, of the age confirmation, and (for Photographers) of the Photographer Acknowledgment is recorded together with the date and time of registration.

You are responsible for keeping your login credentials confidential. You must notify us immediately if you suspect any unauthorized use of your account. We are not liable for losses resulting from your failure to protect your credentials.

You represent that all information you provide during registration is accurate, current, and complete.

3.1 Photographer Acknowledgment

The following paragraph constitutes the Photographer Acknowledgment that is displayed verbatim and must be explicitly accepted during Photographer registration:

“As a Photographer, I am solely responsible for all photos and videos I upload to whoshotyou. I confirm that I hold the necessary image, copyright, and any other rights required to publish and sell each item, that I have obtained the consents required from any identifiable persons depicted where applicable law requires them, and that nothing I upload violates third-party rights or applicable law. Where any identifiable person depicted is a minor, I additionally confirm I have obtained parental or legal-guardian consent for both the photograph and its commercial sale. I understand that I am liable for the legality of my recordings and that whoshotyou operates only as a technical marketplace and does not verify these representations.”

The detailed warranties supporting this acknowledgment are set out in Sections 3.2 (Rights and Content Standards) and 3.3 (Consent and Rights Regarding Depicted Persons). The acknowledgment is in addition to, and does not replace, those warranties.

3.2 Rights and Content Standards

By uploading media to the Platform you represent and warrant that you hold all copyrights and usage rights to that media, or that you are otherwise authorized to upload and sell it. This includes media taken independently at public sports locations, sessions arranged with clients, and organized events.

Photographers may upload and sell media in the following contexts:

Where a Photographer has been specifically commissioned or hired by an individual or group for a session, the Photographer represents and warrants that the relevant persons have been informed that their media may be uploaded and sold via the Platform, and that no objection has been raised.

Uploaded photos must be in JPG, JPEG, PNG, HEIC, HEIF, or WEBP format with a minimum resolution of 12 megapixels. Videos are accepted in MP4, MOV, AVI, MKV, WEBM, M4V, or 3GP format with a minimum resolution of 1280×720 pixels (HD).

You may not upload content that:

We reserve the right to remove, without prior notice, any content that violates these Terms or applicable law.

3.3 Consent and Rights Regarding Depicted Persons

The Photographer solely represents and warrants that they hold all rights, consents, and other prerequisites required for the transmission, storage, processing (including watermarking), publication, and paid distribution of uploaded media with respect to all identifiable natural persons depicted.

Where consent is required under applicable law, the Photographer confirms that the depicted persons have validly consented and were adequately informed about the scope and purpose of use, including sale via whoshotyou. For minors, parental or legal-guardian consent is required and Swiss case law treats minors' personality rights as particularly vulnerable. Where consent is not required (for example, persons of contemporary public interest in clearly editorial reporting, or accessory persons in the background of the main motive), the Photographer confirms that a valid legal basis exists under applicable law.

We do not obtain consents from depicted persons and do not systematically verify whether consents or legal bases exist. We provide the Platform exclusively as a technical marketplace and rely on the Photographer's representations. The Photographer shall indemnify us against all third-party claims arising from any breach of the foregoing representations and shall compensate us for all resulting losses, including reasonable legal costs, to the extent permitted by law.

3.4 License Grant to the Operator

By uploading media to the Platform, the Photographer grants the Operator a non-exclusive, royalty-free, worldwide, sublicensable license to host, store, process, display, and distribute the media solely for the purpose of operating the marketplace. This license covers, in particular:

The Photographer retains copyright in all uploaded media. The license terminates when the Operator no longer needs to retain the media for the purposes above, subject to the retention rules in the Privacy Policy.

The Operator does not use uploaded media to train artificial-intelligence models, whether its own or those of third parties, and shall not license, share, or sell uploaded media to third parties for AI training purposes. Any future use of uploaded media for purposes beyond marketplace operation as described in this Section 3.4 — including AI training, dataset licensing, or platform-marketing — requires the Photographer's explicit, separately-obtained opt-in consent. Continued use of the Platform without such opt-in does not constitute consent for these purposes.

By purchasing a media item, you acquire a non-exclusive, perpetual, worldwide license to use that media for the following purposes:

Copyright in all media remains with the respective Photographer. Attribution is encouraged but not required.

The following are not permitted under this license:

The license is granted at the point of purchase and is not affected by the Photographer's subsequent account deletion or removal of the Album from the Platform, subject to any overriding legal obligation.

Watermarked previews and listing thumbnails available before purchase are not licensed for any use other than browsing the Platform.

All prices on the Platform are stated in the currency configured by the Photographer for the relevant Album. The Platform supports a wide range of major and emerging-market currencies; the list of currencies currently available is shown on the Platform at the time of upload or checkout. We may add or remove supported currencies from time to time.

Prices are set by Photographers. Photographers may configure individual prices per photo and per video, and may offer optional volume-discount tiers for purchases of multiple items from the same Album. Volume discounts apply on a per-Album, per-media-type basis and do not combine across Albums.

Each order may be subject to a Platform fee (our marketplace fee) and a Payment fee (a passthrough estimate of payment-processing and FX costs charged by Stripe). Both fees are shown on the cart and checkout screens before payment is confirmed, with the active rate (percentage and fixed component) visible to the buyer. The currently active values are configurable in the Platform's administrative configuration; changes to the fee structure are effective for the future only and are surfaced at checkout. Photographer payouts are subject to separate photographer-side fees described in Section 6.

Payment processing is handled by Stripe. By completing a purchase you accept Stripe's applicable terms of use, available at stripe.com/legal. We are not responsible for errors, outages, or decisions made by Stripe.

Guest checkout is available for Athletes. Guests receive a confirmation email containing their order details and a download link valid for 30 days. Guest purchases are not linked to a registered account, but if a guest later registers using the same email address, prior guest orders are automatically linked to the new account and permanent access via the account dashboard is enabled.

Refund policy: refund requests should be submitted to hello@whoshotyou.com and will be reviewed case-by-case. Refunds are typically issued only where downloaded media is materially defective or does not correspond to the item described. We do not generally refund media that has been successfully downloaded.

For each item sold, the Photographer's payout is calculated as the price the Photographer set for the item, less two photographer-side fees:

Payouts are processed via either Wise (Wise Payments Ltd, United Kingdom) or Stripe Connect Express (Stripe Inc., USA), depending on the destination country, the Photographer's chosen rail, and current marketplace configuration. The active payout provider for each Photographer is shown on the financial settings page.

Wise bank, mobile wallet, and instant local rails. Where payouts are routed via one of Wise's bank-transfer, mobile-wallet, or instant- local-rail rails, Wise charges a transfer fee that depends on destination country, currency, and rail. For payouts where the net source amount is below the equivalent of CHF 50, the Wise transfer fee is deducted from the Photographer's payout in addition to the 5 % Platform fee, and both amounts are shown before the Photographer confirms the payout request. For payouts at or above the equivalent of CHF 50, the Operator absorbs the Wise transfer fee and the Photographer's payout reflects only the 5 % Platform fee deduction. A payout request will be rejected if the Wise transfer fee would equal or exceed the net amount payable.

Wise Tag. Where payouts are routed via Wise Tag (Wise-to-Wise transfers identified by a Wise tag, email address, or phone number), no Wise transfer fee applies — only the 5 % Platform fee is deducted.

Stripe Connect Express. Where payouts are routed via Stripe Connect Express, the Operator transfers funds in CHF from the Operator's Stripe balance to the Photographer's connected account, less the 5 % Platform fee. Stripe Express then handles the bank payout in the Photographer's designated bank-account currency, applying its own FX margin (approximately 1 %) where the destination currency differs from CHF. For payouts where the post-Platform-fee CHF amount is below the equivalent of CHF 50, this FX margin is absorbed by the Photographer at bank-payout time. For payouts at or above the equivalent of CHF 50, the Operator absorbs the FX margin by grossing up the CHF transfer so the Photographer receives the full intended amount after Stripe's conversion — same threshold and behavior as the Wise rails above. The Photographer accepts Stripe's applicable agreements (including the Stripe Connect Account Agreement) by activating Stripe Connect on their account.

Payouts are initiated manually by the Photographer from the dashboard via a Request Payout action. The Photographer can preview the Platform fee, the Wise transfer fee (or its absence), and the Stripe Express FX margin estimate before confirming. Funds are released in batched runs, and most payouts arrive in the Photographer's bank or wallet account within a few days of the next batch processing.

We may delay or hold a payout pending review where we reasonably suspect fraud, an unresolved dispute, or a violation of these Terms. We will notify the Photographer of any such hold and resolve the matter within a reasonable time.

The media offered on this platform constitutes digital content not supplied on a physical medium. Purchases of digital content are delivered immediately on payment confirmation. Due to the nature of digital downloads, all purchases on the Platform are final and non-refundable, except where required by applicable mandatory law or as set out in the refund policy in Section 5.

Swiss buyers. Swiss law does not provide a general right of withdrawal for distance contracts concluded online (Art. 40a OR explicitly excludes online sales). No right of withdrawal applies to purchases on the Platform.

EU/EEA buyers. Under Article 16(m) of EU Directive 2011/83/EU (the Consumer Rights Directive) and corresponding national implementations, the right of withdrawal for digital content not supplied on a physical medium does not apply once performance has begun, where the consumer has given prior express consent and acknowledged the resulting loss of the right of withdrawal. By placing an order on the Platform, you provide such express consent and acknowledge that you lose any right of withdrawal you may otherwise have once download has begun.

Registered Athletes have permanent access to download links for their purchased media via their account, subject to the continued operation of the Platform and any overriding legal obligation. Guests receive a download link valid for 30 days from the date of purchase; after this period, guests may unlock permanent access by registering an account with the same email address used at checkout.

8.1 Marketplace role

The Operator operates whoshotyou as a technical marketplace and intermediary. The contract for the sale and purchase of media is entered into directly between the buyer and the respective Photographer. The Operator is not a party to that contract. The Operator's role is limited to providing the Platform, facilitating payment via Stripe, and routing photographer payouts via Wise or Stripe Connect Express.

8.2 Notice and Action (Takedown)

If you believe any content on the Platform infringes your rights or applicable law — including copyright, personality rights under Art. 28 ZGB, or other applicable rules — you may submit a notice in either of two ways:

Personality-rights claims. Where you report content claiming to be the identifiable subject of an image (a claim under Art. 28 ZGB or equivalent law of your habitual residence), the reported content is automatically hidden from public access pending our review. This auto-hide is procedural and does not constitute a finding on the merits.

Review and response. We aim to acknowledge notices within 5 business days and to issue a substantive response within 14 business days of receipt. Where additional information or external advice is required, we will notify you of the expected timeline.

Outcomes. Where content is removed or restricted as a result of a notice, we will provide a statement of reasons to the affected Photographer or user. Where a notice is rejected, we will explain our reasoning to the notifier. Every moderation decision is recorded in our audit log, retained as described in the Privacy Policy.

Photographer warranties. Photographers warrant under Sections 3.2 and 3.3 of these Terms that they have obtained all necessary rights and consents for the content they upload, and indemnify the Operator under Section 8.4 for any third-party claims arising from breaches of those warranties.

8.3 Liability of the Operator

To the maximum extent permitted by Swiss law, the Operator's liability for breach of these Terms or for any loss arising from your use of the Platform is excluded except in cases of intent or gross negligence. In particular, the Operator is not liable for:

Liability for intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit) is not excluded or limited and remains as provided by Art. 100 al. 1 of the Swiss Code of Obligations. Liability for fraudulently concealed defects under Art. 199 of the Swiss Code of Obligations is also not excluded.

8.4 Photographer indemnity

Photographers are solely liable for the legality, accuracy, and rights compliance of content they upload, and shall indemnify and hold the Operator harmless against all third-party claims, costs, and losses arising from their content or conduct on the Platform.

All intellectual property rights in the Platform itself — including its design, software, trademarks, and content we produce — are owned by or licensed to the Operator. You may not copy, reproduce, distribute, or create derivative works from Platform materials without our prior written consent.

We do not claim ownership of media uploaded by Photographers. The license granted by Photographers to the Operator for marketplace operation is set out in Section 3.4.

Any registered user may delete their account at any time via account settings. Account deletion requires confirmation through a verification process.

Athlete accounts. Upon deletion, the Athlete's personal data (full name, username, biography, profile picture, and any optional profile fields) is permanently scrubbed and the linked authentication record is removed. Records of past orders may be retained as set out in the Privacy Policy. Once an Athlete deletes their account, they lose access to download links for their previously purchased media. We recommend downloading all purchased media before deletion. The order records themselves are retained for accounting purposes as described in the Privacy Policy.

Photographer accounts. When a Photographer requests deletion, the account enters a 7-day grace period. During this grace period, the Photographer's albums, profile, and media listings are hidden from public browse, search, and the public photographer profile page. The Photographer may cancel the deletion at any time during the grace period by logging in and following the cancellation flow, in which case full functionality is restored.

If the deletion is not cancelled, the account is anonymized after the grace period expires: personal identifiers (full name, username, biography, profile picture, and social links) are permanently scrubbed and the linked authentication record is removed. To honor the perpetual licenses granted under Section 4, the underlying media files (originals and watermarked previews) are retained in our storage so that buyers who purchased prior to deletion can continue to download their items via the Athlete's account or guest download link. Such media is no longer publicly browsable.

Where a Photographer has an unpaid earnings balance at the moment of requesting deletion, the deletion flow distinguishes three cases:

Order data, transaction records, and financial data may be retained for accounting, tax, and legal compliance purposes in accordance with applicable Swiss law, even after account deletion.

You may not:

Violations may result in immediate account suspension or termination and may be reported to relevant authorities where required by law.

We may update these Terms from time to time. We will notify you of material changes by email or by a prominent notice on the Platform at least 30 days before the changes take effect, except for changes required by law or to address an immediate security or compliance issue.

Your continued use of the Platform after the effective date of an update constitutes your acceptance of the updated Terms. If you do not accept the updated Terms, you may delete your account before the effective date with no further obligation.

If you have a dispute with us, please first contact us at hello@whoshotyou.com and we will work in good faith to resolve it. Swiss consumers may seek informal mediation through the Swiss consumer-protection organizations, including the Stiftung für Konsumentenschutz (SKS) and the Fédération romande des consommateurs (FRC).

EU consumers may also use the European Commission's online dispute resolution platform at https://ec.europa.eu/consumers/odr. The Operator is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but reserves the right to do so on a case-by-case basis.

These Terms are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules of private international law.

For all disputes arising from or related to these Terms, the ordinary courts at the Operator's seat in Zürich, Switzerland have jurisdiction, unless mandatory statutory provisions require otherwise.

For consumer users habitually resident in the European Union or another Lugano Convention contracting state, this choice does not deprive you of the protection of mandatory consumer-protection provisions of your law of habitual residence (Art. 6 of Regulation (EC) 593/2008 – Rome I), and you may bring proceedings either before the courts of your habitual residence or before the Swiss courts at the Operator's seat (Art. 17–19 of the Lugano Convention 2007 / equivalent provisions of Regulation (EU) 1215/2012 – Brussels Ia).