Last updated: 09 December 2025
This Seller / Contributor Agreement (the “Agreement”) sets out the terms under which individuals and entities (“Contributors”, “you”, “your”) may submit, upload and make available their photographs and other content via Pictivio.com (the “Website”).
The Website is owned and operated by:
BLOOMIFY COMPANY LIMITED
Registration number: PVT-Q7U98D2Y
Date of registration: 07.11.2024
Registered address:
P.O. Box 75696, KENYA, NAIROBI, WESTLANDS DISTRICT,
WESTLANDS, WAIYAKI STREET, LOINS PLACE 22
Postal address: P.O BOX 75696 CITY SQUARE
E-mail: hello@pictivio.com
By registering as a Contributor, uploading content, or enabling your content for sale or licensing on the Website, you agree to be bound by this Agreement, as well as our Terms & Conditions, Privacy & Cookies Policy, Refund Policy, and any other policies referenced on the Website (collectively, the “Pictivio Policies”).
If you do not agree, you must not register or act as a Contributor.
1. Definitions
For the purposes of this Agreement:
“Content” means any photographs, images, graphics, illustrations, videos, text, metadata, titles, descriptions, tags, or other materials you upload, submit, or make available via the Website.
“Customer” means any person or entity that purchases, licenses, downloads or otherwise accesses Content via the Website.
“Earnings” means the contributor share of net amounts actually received by Pictivio from Customers for the licensing or sale of your Content, after applicable deductions, as described in this Agreement and in your Contributor account or dashboard.
“Net Amounts” means gross amounts received by Pictivio from Customers for your Content, less any refunds, reversals, chargebacks, discounts, taxes, fees, and third-party processing or platform charges.
2. Relationship with Pictivio
2.1. Independent contractor
You act as an independent contractor, not as an employee, partner, or agent of Pictivio. Nothing in this Agreement creates an employment relationship, joint venture, partnership, or agency.
2.2. No exclusivity (unless agreed)
Unless expressly agreed in writing, your participation as a Contributor is non-exclusive, and you are free to license or sell your Content elsewhere. Pictivio may, however, offer separate exclusive arrangements or programs subject to additional written terms.
3. Contributor Eligibility and Registration
3.1. Age and capacity
You must be at least 18 years old or the legal age of majority in your jurisdiction and have the legal capacity to enter into binding contracts.
3.2. Account registration
To act as a Contributor, you must create and maintain a Contributor account on the Website, providing accurate, current and complete information, including contact details and, if requested, information necessary for payouts or tax purposes.
3.3. Account security
You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must promptly notify us of any suspected unauthorised access or security breach.
3.4. Verification and approval
Pictivio may request additional information to verify your identity or eligibility and may approve or reject Contributor applications at its reasonable discretion.
4. Submission of Content and Licence to Pictivio
4.1. Submission of Content
You may submit Content via the methods provided on the Website. Pictivio is not obliged to accept, host, or make available any Content, and may approve, reject, or remove Content at its reasonable discretion.
4.2. Licence to Pictivio
By uploading or submitting Content, you grant Pictivio a worldwide, non-exclusive, transferable, sublicensable, royalty-bearing or royalty-free (as applicable), licence to:
host, store, reproduce, modify (for technical and formatting purposes), adapt, publish, translate, publicly perform and display the Content on or through the Website and related services;
make the Content available for sale or licensing to Customers, under customer licences and pricing models offered on the Website;
use the Content, your name (or chosen credit name), and associated information for the promotion of Pictivio, including in previews, marketing materials, showcases and portfolios, in a reasonable manner.
This licence remains in effect for as long as your Content is available on the Website and, to the extent reasonably necessary, thereafter for archival, record-keeping, legal compliance, and handling of existing customer licences.
4.3. Customer licences
You acknowledge and agree that Pictivio may grant Customers licences to use your Content in accordance with:
The licence types and usage terms defined by Pictivio and published on the Website; and/or
Any specific content or licence description associated with your Content.
You authorise Pictivio to grant such licences to Customers and to enforce licence terms on your behalf.
5. Intellectual Property, Releases and Warranties
5.1. Ownership
As between you and Pictivio, you retain ownership of copyright and other intellectual property rights in your Content, subject to the licences granted in this Agreement. Nothing in this Agreement transfers ownership of your Content to Pictivio, except where otherwise agreed in writing.
5.2. Your warranties
You represent and warrant that:
You are the sole and exclusive owner of the Content, or have full rights, authority, permissions and licences to submit the Content to Pictivio and to grant the licences described in this Agreement;
The Content does not infringe any copyright, trademark, trade secret, moral right, privacy or publicity right, or other intellectual property or proprietary right of any person or entity;
The Content is not subject to any third-party agreement that would conflict with this Agreement.
5.3. Model and property releases
Where Content includes identifiable individuals, private property, protected locations, trademarks, artworks, or other elements that require permission, you represent and warrant that:
You have obtained valid and sufficient model releases, property releases, and any other necessary permissions, in accordance with applicable law and the intended licensing;
Such releases and permissions allow the use of the Content as contemplated by this Agreement and Pictivio’s standard licensing models.
Upon request, you will provide copies of such releases or permissions to Pictivio in a timely manner.
5.4. No harmful content
You represent and warrant that your Content:
Does not contain any viruses, malware or harmful code;
Does not depict illegal activities, extreme violence, hate speech, or content that is obscene or otherwise unlawful under applicable law;
Does not mislead or defame any person or entity.
6. Content Standards, Review and Removal
6.1. Content standards
You agree to follow any content guidelines or technical specifications provided by Pictivio, including quality, resolution, format, and metadata requirements.
6.2. Review and moderation
Pictivio may review Content before or after it is made available on the Website. Pictivio is not obliged to host or promote any particular Content and may remove or hide Content at any time, including where we reasonably believe it:
Violates this Agreement or any Pictivio Policy;
Infringes third-party rights;
Is of insufficient technical or artistic quality;
Is not appropriate for the Website or its audience.
6.3. Content removal by you
You may request removal of your Content from the Website by using available tools in your account or by contacting us. We will implement removal within a reasonable time, subject to:
The need to maintain copies for legal or administrative reasons; and
The survival of existing Customer licences granted prior to removal (which remain in force in accordance with their terms).
7. Pricing, Earnings and Payouts
7.1. Pricing and licensing models
Pictivio may determine or suggest pricing, licence types, and discount structures for Content, which may include single purchases, packages, subscriptions, or other models. In some cases, you may be allowed to propose or set prices within ranges or options defined by Pictivio.
7.2. Contributor share and earnings
Your Earnings (contributor share) from sales or licences of your Content will be calculated based on:
The Net Amounts actually received by Pictivio from Customers for your Content; and
The contributor share or commission structure applicable to you, as displayed in your Contributor account, dashboard, program description, or separate communication.
7.3. Changes to contributor share
Pictivio may adjust contributor share rates, minimum payout thresholds, or calculation methods from time to time. Where such changes materially affect you, we will provide notice (for example by e-mail, in your account, or on the Website). Continued submission of Content or use of the Contributor features after the effective date of changes constitutes your acceptance of the updated terms.
7.4. Payouts
Payouts of Earnings will be made:
In accordance with the payout schedule, methods, and thresholds indicated in your Contributor account or dashboard; and
In United States Dollars (USD), unless otherwise stated.
You are responsible for providing accurate payout details and keeping them up to date. Pictivio is not responsible for delays or failures in payouts caused by incorrect information, bank issues, or third-party payment providers.
7.5. Minimum thresholds and fees
Pictivio may apply minimum payout thresholds and may deduct reasonable banking or payment provider fees from payouts, as indicated in your Contributor account or dashboard.
8. Taxes and Reporting
8.1. Your tax responsibilities
You are solely responsible for:
Determining any taxes (including income tax, self-employment tax, VAT, or similar) that apply to your Earnings;
Reporting and paying such taxes to the appropriate authorities; and
Complying with any registration, invoicing, or reporting requirements that apply to you.
8.2. Pictivio’s role
Pictivio does not act as your tax advisor. Where required by law, Pictivio may:
Collect certain tax-related information from you;
Withhold or deduct taxes from your Earnings;
Provide tax-related reports or statements, as applicable.
9. Refunds, Chargebacks and Reversals
9.1. Customer refunds
Customers’ rights to refunds are governed by our Refund Policy and applicable law. If a refund is issued to a Customer for a transaction involving your Content, Pictivio may adjust your Earnings accordingly.
9.2. Chargebacks and disputes
If a payment is reversed, charged back, or disputed, Pictivio may deduct the relevant amounts from your current or future Earnings, including any fees or charges incurred in connection with the chargeback.
9.3. Negative balances
If adjustments for refunds, chargebacks or errors result in a negative balance of Earnings for your account, you may be required to reimburse Pictivio for the difference, or Pictivio may offset such amounts against future Earnings.
10. Infringement Claims and Takedown
10.1. Third-party claims
If Pictivio receives a claim, complaint, or notice alleging that your Content infringes third-party rights or violates applicable law, we may:
Temporarily or permanently remove or disable access to the Content;
Request additional information or documentation from you, including copies of releases;
Provide your contact details to the complainant where required by law or reasonably necessary to resolve the claim.
10.2. Cooperation
You agree to cooperate with Pictivio in good faith to resolve any infringement or legal issues relating to your Content, including by providing requested documents or information.
10.3. Indemnity
You agree to indemnify and hold harmless Pictivio, BLOOMIFY COMPANY LIMITED, and our directors, officers, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
Your Content;
Your breach of this Agreement or any Pictivio Policy;
Your violation of any third-party rights.
11. Term and Termination
11.1. Term
This Agreement begins when you first register or act as a Contributor and continues until terminated by you or Pictivio in accordance with this section.
11.2. Termination by you
You may terminate this Agreement at any time by:
Closing your Contributor account (where such option is available); or
Providing written notice to Pictivio at hello@pictivio.com
and ceasing to submit Content.
11.3. Termination or suspension by Pictivio
Pictivio may suspend or terminate your Contributor account, or this Agreement in whole or in part, at its reasonable discretion, including where:
You breach this Agreement or any Pictivio Policy;
There is suspected fraudulent, abusive, or illegal activity;
Continued cooperation would expose Pictivio or Customers to unreasonable risk.
Where reasonable, we will provide notice of termination or suspension.
11.4. Effect of termination
Upon termination:
Your future right to submit Content and earn new Earnings ceases;
Pictivio may remove or disable access to your Content, subject to existing Customer licences and legal obligations;
Any unpaid Earnings accrued up to the effective date of termination will be paid in accordance with this Agreement and applicable law, subject to any deductions for refunds, chargebacks, or breaches.
Sections that by their nature should survive termination (including intellectual property licences granted to Customers, indemnities, limitations of liability and dispute provisions) will continue to apply.
12. Limitation of Liability
To the maximum extent permitted by applicable law, and in addition to any limitations set out in the Terms & Conditions:
Pictivio and BLOOMIFY COMPANY LIMITED shall not be liable for any indirect, incidental, consequential, special or punitive damages arising out of or relating to this Agreement or your participation as a Contributor;
Our total aggregate liability to you under this Agreement shall be limited to the total amount of Earnings actually paid to you by Pictivio in the twelve (12) months preceding the event giving rise to the claim.
Some jurisdictions do not allow certain limitations, so the above may not apply to you in full.
13. Governing Law and Jurisdiction
This Agreement, and any dispute arising out of or relating to it, shall, to the extent permitted by law, be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law rules.
You agree that the courts of Nairobi, Kenya shall have non-exclusive jurisdiction over any dispute arising out of or relating to this Agreement, without prejudice to any mandatory rights you may have under applicable law.
14. Changes to this Agreement
We may update or modify this Seller / Contributor Agreement from time to time. When we do so, we will post the updated version on the Website and revise the “Last updated” date at the top of this page.
Where changes are material or required by law, we may also notify you by e-mail or via your Contributor account. If you continue to submit Content or use Contributor features after the effective date of the updated Agreement, you will be deemed to have accepted the changes.
If you do not agree with the updated Agreement, you must stop using the Contributor features and may terminate this Agreement as described in Section 11.
15. Contact
If you have any questions about this Seller / Contributor Agreement or your Contributor account, please contact:
BLOOMIFY COMPANY LIMITED
E-mail: hello@pictivio.com
Please include “Seller / Contributor Agreement” in the subject line so we can direct your request appropriately.
