Version 2026-10-04
1. What this agreement is
This agreement is between you (the photographer) and PicsZako ("PicsZako", "we"), which runs picszako.co.ke. It applies every time you upload photos, publish an event, or receive money through PicsZako.
By signing you confirm you are at least 18 years old and that the identity details you give us are true and your own.
2. Your photos stay yours
You keep the copyright in every photo you upload. We do not own your work.
You give PicsZako a non-exclusive licence, for as long as a photo is on PicsZako, to store it, make previews and watermarked copies, show it to guests of your event, run face matching on it so guests can find themselves, and deliver it to people who buy it. This licence ends when you delete the photo, except for copies already delivered to buyers, who may keep them for personal use.
3. You are responsible for what you upload
You are fully responsible for every photo you upload and every event you publish. You promise that:
(a) you took the photos yourself, or you own or have licensed the rights to sell them;
(b) the event host or client agreed to you photographing the event and to the photos being shared and sold through an online gallery;
(c) guests were told that photos are being taken and that they can find their photos using a selfie — for example by displaying the PicsZako signs at the event;
(d) you will not upload photos of anyone who asked not to be photographed or shared;
(e) photos of children are only uploaded where a parent, guardian or the organiser responsible for them has agreed;
(f) you will not upload nudity, sexual content, content that is illegal, hateful or defamatory, or photos taken in private places (such as changing rooms or bathrooms);
(g) nothing you upload infringes anyone else's copyright, privacy or other rights.
4. Personal data and faces
Photos of people are personal data under Kenya's Data Protection Act, 2019, and face matching uses sensitive personal data. For the photos you upload, you are the data controller: you decide which events are photographed and which photos are published, and you must have a lawful basis for doing so (normally the consent of the host and attendees).
PicsZako processes those photos on your behalf, only to host them, run face matching for guests of that event, and deliver purchases. A guest's selfie is used only to find their photos and is not used to identify them anywhere else.
If anyone asks for a photo of them to be removed, you must remove it — or let us remove it — within 48 hours. You must tell us within 24 hours if you learn of any loss or misuse of personal data relating to your events.
5. Liability and indemnity
You accept liability for any claim, complaint, fine or loss arising from the photos and events you publish — including claims about copyright, privacy, consent, data protection or defamation.
You agree to indemnify and hold harmless PicsZako, its directors and staff against any such claim, including reasonable legal costs, and to cooperate with us in responding to it.
PicsZako is provided as it is. We work to keep it available and secure but cannot promise it will never be interrupted. Except for fraud or where the law does not allow it, our total liability to you is limited to the commission we earned from your sales in the three months before the claim.
6. Money
You set your prices. On each sale PicsZako keeps a commission of 25% of the sale price, plus any payment fee shown in your Wallet; the rest is credited to you.
Earnings become withdrawable 3 days after the sale, so that failed or reversed payments can be dealt with. Refunds, chargebacks and reversed payments are deducted from your balance.
Payouts are only made to an M-Pesa number or PayPal account registered in your own name, after identity verification. You are responsible for declaring and paying your own taxes on your earnings.
7. Identity and conduct
Your identity details must be accurate and kept up to date. One account per person. You must not use PicsZako for fraud, money laundering, or to receive money on someone else's behalf.
We may hold payouts, remove content or suspend your account while we investigate a complaint, a suspected breach of this agreement, or suspected fraud. We will tell you why unless the law prevents us.
8. Ending and changes
You can close your account at any time; earnings already withdrawable will still be paid out. We may end this agreement if you seriously or repeatedly break it.
If we change this agreement we will ask you to sign the new version. Until you do, you will not be able to upload photos or withdraw money. Sections 3, 4 and 5 continue to apply to photos you published before the agreement ended.
9. Law
This agreement is governed by the laws of Kenya. Disputes will first be discussed in good faith; if they are not resolved within 30 days they go to the courts of Kenya.