Terms of Service

1. Who we are

PICHAHub (the “Platform”) is provided and maintained by RaysMtech Solutions(“RaysMtech”, “we”, “us”, “our”) as a software and hosting service that helps photographers upload, organize, and share photo galleries and manage customer access.

Important: We are not a photography agency, we do not take photos, we do not employ photographers, and we do not supervise or control photographer services. Photographers are independent users of the Platform.

2. Eligibility and accounts

By creating an account, you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and that the information you provide is accurate and kept up to date.

You are responsible for your account credentials, all activity under your account, and maintaining appropriate security.

3. Photographer responsibilities (content, consent, legality)

If you are a photographer (or you upload or manage images on the Platform), you are solely responsible for the content you upload, share, sell, or distribute using the Platform (“Content”).

• Ownership & rights: You must own the Content or have all necessary rights, licenses, and permissions to upload and share it.
• Consent & releases: You must obtain all necessary consents and releases from identifiable persons in the Content (including model releases, parental/guardian consent for minors, venue permissions, and any other relevant authorizations).
• Compliance with law: You must comply with all applicable laws and regulations including, where applicable, the Kenya Data Protection Act, 2019, child protection laws, intellectual property laws, and any applicable international privacy/data protection laws where your clients are located.
• Sensitive content: You must not upload illegal, infringing, harmful, or abusive content, and must not violate anyone’s privacy rights.
• Data handling: You determine how long Content is retained, who it is shared with, and you must honor lawful deletion/access requests from your clients where required.
• Client disputes: You are responsible for resolving disputes with your clients regarding fees, deliverables, refunds, cancellations, licensing, and usage rights.

RaysMtech may remove or restrict access to Content (or accounts) if we believe it violates these Terms, applicable law, or poses risk to the Platform or others.

4. Platform role and no agency relationship

The Platform may enable photographers to share links, request payment confirmation, and unlock access. RaysMtech is not a party to the transaction between photographers and their clients unless explicitly stated otherwise in writing.

Photographers are independent. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between RaysMtech and any photographer.

5. Payments and SMS credits

Photographers may set their own pricing. Any payment instructions shown to clients (including M-Pesa details) are provided by photographers. Photographers are responsible for accuracy.

SMS credits/points (if offered) may be required to send SMS notifications. Credits are non-transferable and may not be refundable unless required by law. We may modify SMS credit pricing, bundles, and delivery providers.

6. Acceptable use

You agree not to:

• Upload illegal, infringing, or non-consensual content.
• Harass, threaten, defraud, or exploit others.
• Attempt to hack, disrupt, or overload the Platform.
• Collect personal data from others without a lawful basis or consent.
• Use the Platform for spam or unauthorized messaging.

7. Intellectual property

The Platform software, branding, and components are owned by RaysMtech or licensors. Photographers retain ownership of their Content.

You grant RaysMtech a limited license to host, store, process, and display your Content solely to operate, maintain, and improve the Platform (including delivery to your intended recipients).

8. Content hosting and takedowns

We may use third-party hosting/CDN providers (e.g., image hosting services) to store and deliver images. We may remove or restrict access to Content if we receive a credible complaint (e.g., infringement, privacy violation, or illegal content) or if required by law.

Photographers must cooperate with takedown requests and investigations. Repeated violations may result in suspension or termination.

9. Disclaimers

The Platform is provided on an “as is” and “as available” basis. We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any content will be preserved forever.

RaysMtech does not guarantee photographer quality, deliverables, client satisfaction, or payment outcomes.

10. Limitation of liability

To the maximum extent permitted by law, RaysMtech will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business.

To the maximum extent permitted by law, RaysMtech’s total liability for any claim relating to the Platform will not exceed the amounts you paid to RaysMtech for the Platform in the three (3) months prior to the event giving rise to the claim, or KES 5,000 (whichever is higher), unless prohibited by law.

11. Indemnity

You agree to defend, indemnify, and hold harmless RaysMtech Solutions, its owners, employees, contractors, and partners from any claims, damages, liabilities, and expenses (including legal fees) arising from:

• Your Content, including alleged infringement or privacy violations
• Your relationship or disputes with clients
• Your breach of these Terms
• Your violation of any law or third-party rights

12. Termination

You may stop using the Platform at any time. We may suspend or terminate access if you violate these Terms, create risk, or if required by law.

We may delete or restrict access to Content after termination, subject to legal requirements and reasonable operational constraints.

13. Governing law

These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles. Courts located in Kenya will have jurisdiction, except where mandatory consumer protection laws apply.

14. Contact

If you have questions about these Terms, contact RaysMtech Solutions via your official support channels.