Terms of Use of PhotoExamAI

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, the following identifying data of the Website owner are presented:

• Name: TONVI TECH S.L.
• Registered office: Calle Puerta del Mar, 18 5th Floor 29005 Málaga, Spain.
• C.I.F.: B-19780394.
• Email: info@fotoexamen.com.
• Data protection and rights channel: info@fotoexamen.com.
• Version of these Terms: 4 September 2026.

Fotoexamen reserves the right to modify these Terms, the Privacy Policy, and the Cookie Policy at any time and without prior notice. The User must carefully read these Terms before accessing the Platform. In any case, acceptance of the Terms is an essential first step to access the services and content available on the Platform. The current Terms will be available at all times on the Website.

Fotoexamen provides its Users with the previously mentioned email address for any inquiries they need to make regarding the service.

The services provided to the User may be replaced or modified by Fotoexamen at any time, always with prior written notice to the User and with a service similar or superior to the initially contracted one.

Users who wish to use the products and services (hereinafter, "The Products") offered on the Website must register through the dedicated form, following the instructions provided and supplying the required data (hereinafter, the "Registration Form").

Additionally, Fotoexamen staff may register users and organizations in the case of offline processes, with the client's prior authorization and the corresponding signature on the order sheet.

Once the Registration Form is completed, the User will receive an email at the address provided in the Registration Form, confirming the registration and informing about how to use the tool.

The contract period will adhere to the pre-established agreement made during the product subscription, whether through the Website or the Fotoexamen Platform.

The price of the services will be as indicated at the time of contracting the service on the Platform.

The price will be paid monthly in arrears by credit/debit card or via direct debit order to the User's bank account provided at the time of contracting the Service. In case there is a charge or expense associated with some of the Products, the User agrees to pay said charge. Prices shown to consumers in the European Union are stated with VAT included. The exact tax amount is calculated at checkout based on the User’s country of residence (Stripe Tax) and is itemised on the invoice.

To pay the debt for a Product, Fotoexamen will request that you provide a payment method at the time of subscription. The User agrees and commits to keeping their billing account information up to date at all times. Likewise, they agree and allow Fotoexamen to use their updated account information regarding their payment method provided by the issuing bank or the applicable payment network.

By providing Fotoexamen with a payment method, the User (i) declares that they are authorized to use the provided payment method and that the payment information provided is accurate and truthful; (ii) authorizes Fotoexamen to charge them for the Products using the provided payment method; and (iii) authorizes Fotoexamen to charge them for any payment features of the Products they subscribe to or order while these Terms are in effect.

Fotoexamen will issue an invoice via email. The User can view and print their invoice. The User is obligated to regularly check the invoice. This is the only invoice issued by the Platform. The User is responsible for printing or saving a copy of each online invoice and keeping it for their records. In case there are errors in the invoice, Fotoexamen staff commits to correcting them as soon as possible.

In the event that the User fails to pay for contracted Products, Fotoexamen will initially suspend said Products if the owed amounts are not paid within 10 calendar days from notification. If the amount is not paid by the User within the mentioned period, Fotoexamen will proceed with the immediate suspension of the services.

During the provision of Services, PhotoExamAI will comply with the Privacy Policy available at the link: https://photoexamai.com/privacy-policy.html, which is incorporated herein by reference. PhotoExamAI's Privacy Policy is subject to modifications at PhotoExamAI's discretion; however, PhotoExamAI's modifications to said policy will not result in a significant reduction of the level of protection provided to the User's Personal Data.

In the event that PhotoExamAI does not act as Data Controller but as Data Processor, personal data will be processed under a data processing agreement (art. 28 GDPR) that PhotoExamAI will provide on request at info@fotoexamen.com.

By contracting PhotoExamAI's services, the User accepts the referenced Privacy Policy.

In order to provide the Service, the content the User uploads (images, PDFs, audio and text) is sent to technology providers acting as processors on behalf of PhotoExamAI, including OpenAI, Google Cloud Vision and Google Gemini. That data is sent solely to provide the requested Service and is NOT used to train or improve artificial intelligence models, whether PhotoExamAI's or third parties'. The full list of processors, with their country and transfer safeguard, is set out in the Privacy Policy.

The User undertakes not to upload exams, notes or recordings containing personal data of other people (classmates' names, third-party grades or the voice of teachers and classmates), or to anonymise or crop them before uploading. The User is solely responsible for the content they upload.

Fotoexamen commits to implementing legally required security measures that are adequate to the state of technology, in order to guarantee the confidentiality, availability, and integrity of the information hosted on its servers.

However, the User must take all measures within their reach to maintain the security level of their data.

The User may terminate the Products associated with their account at any time. The termination and cancellation of the Products will be effective once the pending amounts and commitments for the use of the service have been correctly paid.

Once the Services have ended, the User will no longer have access rights to the Services or use them.

10.1. Statutory right of withdrawal (art. 102 of the Spanish Consumer Act, TRLGDCU, implementing Directive 2011/83/EU). If the User is a consumer, they have 14 calendar days from the conclusion of the contract to withdraw from it without giving any reason and without penalty.

To exercise the right of withdrawal it is enough to notify us unambiguously before the deadline expires, by email to info@fotoexamen.com or in writing to TONVI TECH SL, Calle Puerta del Mar 18, 5th floor, 29005 Málaga (Spain). The following model may be used, although its use is not mandatory:

• To TONVI TECH SL, Calle Puerta del Mar 18, 5th floor, 29005 Málaga (Spain), info@fotoexamen.com.
• I hereby give notice that I withdraw from my contract for the supply of the PhotoExamAI service.
• Order/subscription placed on: [date].
• Name of the consumer and the email address of the account.
• Date and, if sent on paper, signature of the consumer.

PhotoExamAI will refund all payments received within a maximum of 14 calendar days from receipt of the withdrawal notice, using the same means of payment used for the initial transaction.

10.2. Digital content exception (art. 103.m TRLGDCU). The Service consists of the supply of digital content not supplied on a tangible medium. If the User requests that performance begin during the withdrawal period, we will ask for their prior express consent and their acknowledgement that they lose the right of withdrawal once the contract has been fully performed. If performance has begun but has not been completed, a User who withdraws shall pay an amount proportionate to the part of the service already supplied.

10.3. 15-day commercial guarantee. Independently of the statutory right above, and as an additional commercial guarantee that does not limit consumer rights, PhotoExamAI refunds the full subscription amount to anyone requesting it at info@fotoexamen.com within the first 15 calendar days of the subscription.

After those 15 days no voluntary refunds are made and the subscription remains active until the User expressly requests its cancellation, without prejudice to the rights granted by consumer law in the event of lack of conformity of the service.

The User may only use the Services for professional purposes and within the scope established in these Terms.

The User shall refrain from using the services to carry out any illicit activity or that infringes the rights of third parties, intentionally causing harm to an entity or person. In particular, but not limited to, the User shall refrain from using the services to:

• Send spam or use their account to help others send spam. Spam is any unsolicited bulk email, posting, or instant message.
• Store, disseminate, or transmit illicit content, introduce, store, or disseminate programs, viruses, macros, applets, or any other logical device or character sequence that causes or is likely to cause any type of malicious alteration in the computer systems of the Service Provider, any of its Users, or third parties.
• The use or installation of programs or devices capable of invalidating the security controls or passwords established by Fotoexamen is prohibited, as is decrypting keys, systems, or encryption algorithms or any other security element involved in the processes or services provided by the contracted services, as well as attempting to increase their permissions or privileges, or impersonate or bypass the credentials of any other User, fraudulently.

The User may under no circumstances: i) circumvent or omit the technical protection measures that the services, the associated software, or the Platform itself contain, nor that are related to them; ii) use reverse engineering, decompilation, or disassembly techniques on the software or any other aspect of the products and services included in them or accessible through them, except to the extent expressly authorized by current intellectual property laws; iii) disassemble the software components or Products to use them on different devices; iv) copy, publish, lease, rent, or transfer the software or Products.

However, in the event of any conduct contrary to morals and public order, Fotoexamen will proceed to block or delete the User's account, without prejudice to any legal actions that may correspond against those responsible for such conduct.

Fotoexamen informs the User that, as a result of maintenance work, temporary interruptions in the services provided may occur in certain cases.

Fotoexamen commits, as far as possible, to inform the User in advance about the said interruption and to make the greatest effort to ensure that such intervention lasts as short a time as possible and affects the User minimally.

The User acknowledges and agrees that Fotoexamen may modify the services or release a new version thereof at any time and for any reason, including, but not limited to: addressing user needs, meeting competitive demands, responding to government regulations or laws, or continuing to innovate in its product offerings.

Fotoexamen informs the User that there is a wide variety of factors that can affect the Platform and its Services, such as, by way of example, but not limited to: environmental conditions, network congestion, connectivity, third-party software, etc.

Fotoexamen commits to providing the services contracted by the User, managing the software and all necessary elements of said software to ensure the correct functioning of the service.

Furthermore, Fotoexamen is not responsible for service failures or outages attributable to external causes or unrelated to Fotoexamen or any of the circumstances described in these legal conditions.

Fotoexamen will not be liable for damages and losses caused as a result of the following scenarios:

• Errors and failures caused by the User.
• Problems caused by elements unrelated to Fotoexamen, such as deficiencies in the hardware used by the User, internet connection failures or slowness, or hardware failures.
• Non-compliances, delays, or malfunctions of third-party services or service levels unrelated to Fotoexamen (e.g., communication application providers, etc.).
• Possible security errors or deficiencies that may occur due to the User using outdated or insecure software, as well as activating password or identification code storage devices in the browser, or damages, errors, or inaccuracies that may result from its malfunction.
• Scheduled maintenance operations announced at least 24 hours in advance by Fotoexamen.
• Errors or damages caused by the interaction of software, applications, or any other code sequence installed or executed by the User or third parties unrelated to Fotoexamen.
• Negligent actions, abusive use, or configuration errors by the User.
• Damages caused by force majeure, terrorist attacks, or natural disasters.
• Damages, including but not limited to: direct or indirect damages, losses, or expenses, inherent or consequential, arising in relation to each service or its use or inability to use by any of the parties, or in relation to any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer viruses, or system or line failures.
• Malicious attacks by third parties, execution of malicious software, malware, etc., affecting the contracted services.

Fotoexamen will also not be liable for damages and losses caused by content hosted by the User, illegitimate or fraudulent use of services or content, or violation of current laws and regulations, or contracts signed by the User.

As regulated in Article 16 of Law 34/2002 on Information Society Services and Electronic Commerce, Fotoexamen is not responsible for the content, installed software, or information stored by the User, as it does not have any form of dependency, direction, control, or authority over them. The User is the sole owner and responsible for the content they host in the contracted Products.

Some Products enable communication with third parties and storing or sharing various types of files, such as photos, documents, videos, and music. All content of their communications and files are the User's responsibility (their "Content"). We strongly recommend that you regularly back up all your Content.

In any case, the parties agree that Fotoexamen's liability for any damage or loss for which it is responsible, according to the stipulations described above, will be limited to the maximum and for all concepts, to the proportional amount paid by the User for the period during which they did not receive the originally contracted service, as indicated by the Service Level Agreement (SLA) formula, or failing that, to the last invoice paid by the User, in any case waiving the claim for lost profits.

The following do not count towards the calculation of access availability:

• Causes beyond the control of the Service Provider and force majeure causes.
• Periods of unavailability due to failures in the User's own software.
• Viruses and cyberattacks that cause total or partial impossibility of providing the services.

The User may not assign or subrogate their contractual position to third parties without the explicit consent of Fotoexamen.

Fotoexamen may assign its contractual position to third parties without prior notification to the User.

Additionally, if Fotoexamen deems it appropriate, it may subcontract part or all of the services it provides to the User to third parties that it considers sufficiently capable of doing so without diminishing the service it commits to providing to the User.

Under these Terms, Fotoexamen may have access to confidential information of the other party (hereinafter, "Confidential Information").

Confidential Information of one party does not include information that: (a) is or becomes part of the public domain for reasons other than the actions or omissions of the other party; (b) was in the legitimate possession of the other party before its disclosure and was not obtained directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restrictions on such disclosure; or (d) is independently developed by the other party.

The parties agree not to disclose the other party's Confidential Information to third parties not mentioned below for a period of three (3) years from the disclosure of the Confidential Information by the disclosing party to the receiving party. Notwithstanding the above, Fotoexamen will keep its Confidential Information that resides within the Platform confidential.

The parties may only disclose Confidential Information to those employees, representatives, or subcontractors who are required to protect it against unauthorized disclosure in accordance with a protection level no less than that established under these Terms.

No provision will prevent the parties from disclosing the terms or prices under these Terms or the orders made under these Terms in any legal action arising under or as a consequence of these Terms nor from disclosing Confidential Information to any governmental entity when required by law.

NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, NOR FOR LOSS OF PROFITS OR REVENUE (EXCEPT FOR FEES UNDER THESE TERMS), DATA, OR USE OF DATA. FOTOEXAMEN'S TOTAL LIABILITY FOR ANY DAMAGE AND LOSS ARISING FROM OR AS A CONSEQUENCE OF THESE TERMS OR THEIR ORDER, WHETHER CONTRACTUAL OR EXTRACONTRACTUAL, OR ANY OTHER NATURE, WILL BE LIMITED TO THE TOTAL AMOUNT PAID TO FOTOEXAMEN FOR SERVICES UNDER THE ORDER GIVING RISE TO LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, LESS ANY REFUNDS OR CREDITS YOU HAVE RECEIVED FROM FOTOEXAMEN UNDER SUCH ORDER.

Applicable regulations require that some information or communications that Fotoexamen sends to the User be in writing. By accepting these Terms, the User agrees that most communications with Fotoexamen will be electronic. Fotoexamen will contact the User via email or through mobile messaging applications. The User is aware that they must use these electronic communication means and acknowledges that all notifications, information, and other communications that Fotoexamen sends them electronically comply with the legal requirements of being in writing.

For any inquiry or incident, complaint, or claim related to the Services, the User may contact Fotoexamen through the following address:

• Incidents, inquiries, and claims: info@fotoexamen.com.

Fotoexamen may (i) collect statistical and other information related to the performance, functioning, and use of the Services, and (ii) use data from the Platform in aggregate form for operations management and security, to create statistical analyses, and for research and development purposes (the above collectively referred to as "Service Analysis"). Fotoexamen may make the Service Analyses public; however, the Service Analyses will not incorporate Your Content or Confidential Information in a manner that could be used to identify the User or any natural person, and the Service Analyses do not constitute Personal Data. Fotoexamen retains all intellectual property rights over the Service Analyses.

Fotoexamen warrants that it will provide (i) the Services in all their substantial aspects as described in the Service Specifications, and (ii) the Professional Services in a professional manner in accordance with the Service Specifications.

FOTOEXAMEN DOES NOT WARRANT THAT (A) THE SERVICES WILL BE PROVIDED WITHOUT ERRORS OR INTERRUPTIONS, NOR WILL FOTOEXAMEN CORRECT ALL ERRORS IN THE SERVICES, (B) THE SERVICES WILL FUNCTION IN COMBINATION WITH YOUR CONTENT OR APPLICATIONS, OR WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEMS, SERVICES, OR DATA NOT PROVIDED BY FOTOEXAMEN, AND (C) THE SERVICES WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS, OR EXPECTATIONS. THE USER ACKNOWLEDGES THAT FOTOEXAMEN DOES NOT CONTROL DATA TRANSFER THROUGH COMMUNICATION SYSTEMS, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT TO THE USE OF SUCH COMMUNICATION SYSTEMS. FOTOEXAMEN IS NOT RESPONSIBLE FOR DELAYS, FAILURE TO SEND, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. FOTOEXAMEN IS NOT RESPONSIBLE FOR ISSUES RELATED TO THE PERFORMANCE, FUNCTIONING, OR SECURITY OF THE SERVICES ARISING FROM YOUR CONTENT, YOUR APPLICATIONS, OR THIRD-PARTY CONTENT. FOTOEXAMEN MAKES NO REPRESENTATIONS OR PROVIDES WARRANTIES REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD-PARTY CONTENT OR SERVICES, AND DOES NOT ASSUME ANY LIABILITY ARISING FROM OR AS A CONSEQUENCE OF THIRD-PARTY CONTENT OR SERVICES. IF THERE IS ANY BREACH OF THE WARRANTY OF THE SERVICES, THE USER'S SOLE REMEDY AND FOTOEXAMEN'S SOLE LIABILITY WILL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE WARRANTY BREACH, OR IF FOTOEXAMEN CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, THE USER MAY TERMINATE THE DEFICIENT SERVICES.

TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING WARRANTIES OR CONDITIONS RELATING TO SOFTWARE, HARDWARE, SYSTEMS, NETWORKS, OR ENVIRONMENTS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

All Products offered by Fotoexamen will be provided in accordance with the general and specific conditions established in these terms, as well as the characteristics and functionalities described on the Website.

Fotoexamen commits to maintaining the hardware and software that support the infrastructure contracted by the User, as well as establishing appropriate measures to allow internet connectivity of said infrastructure.

Se un account supera i 15 giorni in stato "sospeso", RisolviCompiti procederà, previo avviso, alla sua cancellazione, con la conseguente eliminazione di tutte le informazioni e i servizi che contiene. Inoltre, nel caso in cui l'Utente cancelli il proprio account volontariamente, RisolviCompiti procederà alla cancellazione dell'Organizzazione e cancellerà tutti i registri ad essa associati. Gli Utenti potranno cancellare il proprio account in qualsiasi momento tramite i mezzi forniti nelle presenti Condizioni d'uso. L'Utente deve sapere che ogni volta che un Prodotto viene disattivato, è lui il responsabile delle informazioni di tale Prodotto e nel momento in cui si verifica la disattivazione, tutte le informazioni contenute in tale servizio possono essere eliminate.

RisolviCompiti notificherà all'Utente le modifiche alle presenti Condizioni prima che queste si verifichino. Se l'Utente non è d'accordo con le modifiche, dovrà smettere di utilizzare il Sito Web e la Piattaforma RisolviCompiti, nonché i servizi offerti tramite la stessa.

L'utilizzo del Sito Web e/o della Piattaforma RisolviCompiti dopo la notifica delle modifiche implicherà l'accettazione delle stesse da parte dell'Utente.

The minimum age to register and use the Service is 14, in accordance with art. 8 GDPR and art. 7 of Spanish Organic Law 3/2018 (LOPDGDD). Date of birth is requested at sign-up and the User warrants its accuracy.

Children under 14 may not use the Service without the verifiable consent of a parent or legal guardian. Where an age below 14 is declared, the account is suspended and a signed link is sent to the guardian's email address to confirm consent; if it is not confirmed within 30 days, the account and its content are deleted.

For users who are minors, their parents or legal guardians are responsible for supervising the use of the Service, the content uploaded and the use made of the generated results. Acceptance of these Terms by anyone under 18 presupposes the authorisation of their legal representative.

PhotoExamAI does not send commercial communications nor apply promotional profiling to users under 18.

The Service is intended exclusively for self-study and self-assessment by the student themselves. Its use by educational institutions, teachers or academies to officially evaluate, grade or score students, or to make decisions affecting their admission, progression or academic record, is expressly prohibited.

Its use to detect or monitor prohibited behaviour during exams, or for any proctoring or invigilation purpose, is equally prohibited.

Precisely because of this use limitation, and in line with the analysis documented by PhotoExamAI under art. 6(3) of Regulation (EU) 2024/1689 (the AI Act), the Service does not constitute, in its current use, a high-risk AI system among those listed in Annex III, point 3, of that Regulation: the output does not determine any person's access, admission, official grade or educational path, but merely supports the user's own individual study.

Breach of this clause entitles PhotoExamAI to suspend or cancel the account, and shifts to the infringer any resulting status as deployer under that Regulation.

Corrections, grades, summaries, outlines, quizzes, transcriptions, notes, essays and study plans are generated by artificial intelligence systems and are purely indicative.

They may contain errors, inaccuracies or incorrect statements and never replace the assessment of the teacher, the official teaching material or the judgement of the educational institution. The User must verify the information before relying on it.

The read-aloud feature (text-to-speech) produces an artificially generated synthetic voice; it is not the voice of any real person.

The User may request human review of any result by writing to info@fotoexamen.com.

The User is responsible for using the Service in a way compatible with their institution's academic integrity rules. PhotoExamAI is not liable for academic or disciplinary consequences arising from use contrary to those rules.

These Terms are governed by Spanish law.

For users who qualify as consumers, the courts of the consumer's domicile shall have jurisdiction, in accordance with art. 90.2 of Spanish Royal Legislative Decree 1/2007 (TRLGDCU). No clause of these Terms limits the mandatory rights granted to the User by consumer protection law.

For users who do not qualify as consumers, the parties submit to the Courts of Málaga, waiving any other jurisdiction that may correspond to them.

Consumers may also use the European Commission's online dispute resolution platform, available at https://ec.europa.eu/consumers/odr.