Terms & Conditions
1. Service Description
Photrus provides a service to predict photography weather based on weather data from weather servers of different weather models. The goal of Photrus is to provide a starting point for planning photo tours, especially for landscape photographers, astrophotographers, seascape, cityscape, and weather photographers.
To this end, Photrus provides its customers with an internet platform where they can enter their locations with the respective GPS data. For each location, the weather phenomena included in the service package can be selected for which the respective customer wants to receive an alert as soon as there is a match between the desired weather phenomena and the weather forecast for the respective location.
Each service package provided by Photrus supports different weather phenomena and is limited in the number of daily runs and the number of maximally active locations according to the information in the respective service package. This limitation is necessary because, on the one hand, the weather data required for processing must be purchased by Photrus at a high cost, and on the other hand, the server load for calculating photography weather phenomena increases with the number of daily runs and maximally active locations, which causes additional costs for Photrus.
The service provided by Photrus already includes the storage space for all elements, as well as the registration, and the management of any locations and groups, as well as the analysis of weather data, the resulting calculation of photography weather, and the provision of alerts in the event of matches. The alerts are transmitted to the customer in the form of an e-mail summary.
2. Prices
Photrus provides his customers, except for those who use the "Enterprise Plan", a digital wallet as part of its service, which they can top up at any time to use the Photrus service. The customer acquires so-called "credits" from Photrus at the agreed price, which can only be used for the monthly operation of the service as well as for any upgrades of the service. The acquired credits cannot be transferred to others or paid out.
With each month's beginning, but no later than with the first acquisition of credits, the credits for the service are deducted from the customer's digital wallet for the current calendar month. The number of credits deducted is determined by the service package configured by the customer, the number of daily runs, and the number of maximally active locations.
Photrus also offers its customers the option to adapt both the service package, the daily runs, and the simultaneously active locations to their own needs at any time.
If the customer increases the number of simultaneously active locations, the service plan chosen by the customer is cascaded accordingly, whereby the monthly credits to be deducted are multiplied. A second daily run doubles the total monthly credits to be deducted, and a third run triples them.
The total monthly credits to be deducted are calculated and displayed to the customer in the "Plan settings". By clicking on the takeover button, the customer confirms the new price.
The customer will then be charged the difference between the new price in credits and the price in credits he has already paid for this month immediately for the current calendar month from his digital wallet. From the next month, the new monthly credits will be deducted from him.
Downgrading is possible at any time, but the price in credits for a calendar month always results from the maximum configured configuration of service package, daily runs, and number of simultaneously active locations. There is no pro-rata billing on a daily basis or similar, for which Photrus completely waives any one-time setup fees of any kind.
The type of billing was chosen to achieve the best possible flexibility for the customer on the one hand, but also to keep the organizational effort and server utilization as low as possible on the other hand, by keeping the billing as simple as possible. This allows Photrus to offer attractive conditions.
Unless otherwise agreed, this billing regulation does not apply to enterprise customers. For these, a separate billing is usually carried out.
3. Accuracy
Photrus purchases the weather data from weather services, so the accuracy of the results is primarily dependent on these. The customer is aware that there is no exact way to predict weather exactly with the current state of the art. The weather data are calculated by different weather models and can in the worst case be completely wrong.
To largely avoid false alarms, which is not always possible, Photrus only triggers alerts if, based on the data received from the weather services, there is a good probability for the occurrence of the photography weather.
For the reasons mentioned, Photrus offers no guarantee for the accuracy of the calculated results.
4. Service Ability
Although Photrus uses cluster systems with above-average availability, outages cannot be completely ruled out. On the one hand, Photrus is dependent on the availability of the purchased weather data. On the other hand, regular maintenance work is required, which could also lead to shorter outages or delays. Photrus is also dependent on the availability of the data center and its network availability, which means that shorter outages can be expected from time to time. Photrus is committed to keeping any outages as short as possible, as far as it is within his control.
5. Support Services
From the outset, Photrus' goal was to create added value for its customers with the service offered and to make it accessible to as many outdoor photographers as possible at attractive prices. Since the operation is very simple and frequently asked questions are provided in the form of FAQs on the website, there should be no need for personal support. For this reason, and to keep prices down, Photrus does not include free support for the usage of Photrus in the prices. However, any clearly visible technical problems can be reported by email at any time to Photrus.
6. Liability
Photrus accepts no liability for calculated weather phenomena. Photrus' alerts only provide a starting point for the customer's further planning. The customer is responsible for assessing both the weather and the planned location using the usual weather forecasting tools and acknowledges that it is not possible to predict the weather exactly with the current state of the art.
Photrus also accepts no liability for any technical problems with the receipt of alert emails. If the customer does not receive any alerts, they should first check whether they have properly configured their locations with the corresponding weather phenomena. If this is the case, they should also check the correctness of their stored alert email address. If the alert emails are not in the customer's spam folder, Photrus recommends that the customer contact the technician of their mail server so that they can quickly determine why the emails are being rejected or not relayed to the customer's inbox.
The customer agrees to hold Photrus harmless in any case.
7. Cancellation
The customer has the right to terminate the contract at any time in writing with a notice period of 14 days before the end of the month. All data entered by the customer about their person, their locations, and all associated data will then be irretrievably deleted by Photrus. Credits that may still be on the digital wallet will not be refunded in any case. It is recommended to use up these credits before termination and only to top up as much as the customer actually wants to consume.
8. Acknowledgement of Understanding
The customer confirms that they have fully understood all technical terms, formulations, products, services, as well as the billing system including the calculation of the credits to be deducted, contained in this agreement. It was always possible for the customer to ask Photrus questions in the form of a request before placing an order. Even terms or formulations that were initially unclear to the customer were explained in detail, sufficiently and understandably by Photrus, upon request by the customer.
9. Applicable Law
Austrian law shall exclusively apply to all legal relationships between the customer and Photrus.
10. Place of Performance and Jurisdiction
The place of jurisdiction for all disputes arising directly or indirectly between the agency and the customer shall be the Austrian court having local and subject-matter jurisdiction for the agency's registered office. The agency is also entitled to call another court having jurisdiction for the customer.
11. Severability Clause
If individual provisions of these Terms & Conditions are wholly or partially ineffective or unenforceable, they shall be replaced by a provision that most closely corresponds to the ineffective provision, without affecting the remaining agreed points.
