Terms of service

“Service”, lacuna: the lac.pics website with the personal account area, the lacuna app for Windows and the application programming interface (API). The Service is used to store images, videos and notes and to share them by link.

“User”: a person who has created an account in the Service.

“Visitor”: a person who opens pages of the Service or shared content without an account.

“Account”: the User’s account in the Service.

“Login key”: the secret string the Service issues at registration and when the key is changed. It replaces a login and password.

“API key”: a key the User creates for programs such as the User’s own scripts and programs, the lacuna app for Windows and others.

“Content”: files, notes, albums, titles, descriptions, tags and other data the User uploads or creates in the Service.

“Free plan”: use of the Service without payment within limits on file size and storage.

“Subscription”: a paid plan (Pro or another) that extends the Account’s limits for the paid period.

“Pricing page”: lac.pics/pricing with plan limits, prices, periods and payment methods.

“Payment service”: Platega (bank cards and the Faster Payments System, SBP, in roubles) or Heleket (cryptocurrency).

“Free trial”: use of a paid plan’s features for the period shown on the Pricing page, without payment and without card details.

File and storage sizes are given in binary units, as Windows Explorer counts them: 1 KB = 1024 bytes, 1 MB = 1024 KB, 1 GB = 1024 MB.

The Provider gives the User access to the Service: storage of Content on the server in encrypted form, viewing and managing it, sharing by link with privacy settings, the app for Windows and the API.

On the Free plan access is provided free of charge within its limits. A Subscription is provided for a fee, with the limits of the chosen plan for the paid period.

Features and limits are described in the Service and on the Pricing page. The Provider develops the Service: features may be added, changed or removed. The limits of a paid Subscription are not reduced before the end of the paid period.

The agreement on the Free plan is concluded when a person creates an Account: registration means acceptance of this offer.

The terms of a Subscription are accepted at payment: the User confirms agreement with this offer and the refund policy and pays the invoice. Payment is acceptance of the offer as regards the Subscription. Consent to auto-renewal is given with a separate tick (section 7).

The agreement is concluded electronically and requires no signature. The current version of the offer is published at lac.pics/terms. The refund policy and the privacy policy are part of it.

Visitors do not conclude the agreement. Their data is processed under the privacy policy.

An Account may be created from the age of 16. Persons under 18 pay for a Subscription with the consent of their parents or other legal representatives. [to verify: age threshold]

Registration requires a nickname and a name; they may be fictitious. No email or phone number is needed. Registration may be open, by invitation or temporarily closed — the current mode is shown in the Service.

The Login key is shown once. The User stores it in a safe place, such as a password manager, and does not share it.

The Provider stores only irreversible hashes of the Login key and cannot show or recover it. There is no email recovery. If the key is lost and no active session remains, access to the Account may be lost.

While a session is active, the Login key can be changed in the settings, where sessions on other devices can also be ended. API keys are created and revoked in the API section.

Actions in the Account performed with the User’s Login key, session or API key are considered the User’s actions unless proven otherwise. If a leak is suspected, change the key and revoke API keys.

The Provider may add other ways to sign in, for example through external services. Their terms will appear in the Service and in the privacy policy before launch.

The Subscription price, period and currency are shown on the Pricing page and in the checkout window. The price is fixed when the invoice is created: later changes do not affect issued invoices or paid periods.

Payments are accepted through the Payment services: Platega — by bank card or SBP, in roubles; Heleket — in cryptocurrency, with the coin and network chosen by the payer on the Heleket page.

The payer enters card, account or wallet details on the Payment service page. The Provider does not receive them.

A Subscription is paid with a one-time payment for the chosen period. Recurring automatic charges happen only if the User has turned on auto-renewal (section 7).

Payment is made when the Payment service confirms it. The Subscription is activated automatically — usually within a few minutes, and for cryptocurrency after network confirmations.

An invoice is valid for a limited time shown on the payment page. If money arrives after the invoice expires, the payment still counts and the Subscription is activated or extended.

For cryptocurrency payments:

• if less than the invoice amount arrives, the difference can be paid while the invoice is open;
• if the invoice closes underpaid, the Subscription is not activated and the money received is refunded under the refund policy;
• any amount above the invoice does not extend the Subscription and is refunded on request under the same rules.

Proof of payment is the entry in the payment history in the account area: number, amount, currency and date. If you need a payment document, contact support. [to verify: which payment documents and taxes (VAT) apply]

Bank, payment system or network fees for the transfer, if any, are paid by the payer under the rules of their bank or wallet.

The Pricing page shows the price for a month (30 days) and for a year (365 days). The yearly price is paid in one payment for the whole year; the “per month” amount next to it is for reference, and the discount is counted against twelve monthly payments.

For cryptocurrency payments through Heleket, prices may be set in US dollars or USDT. They are set separately from the rouble prices and are not converted at an exchange rate for each payment. [to verify: prices in a foreign currency for consumers]

A Subscription runs from confirmation of payment until the end of the paid period. The end date is shown in the account area, under “Subscription”.

A new payment for the same plan extends the Subscription: the period is added to the end of the current Subscription if it is active, otherwise it starts at payment. Payment is possible up to three years ahead.

Only one Subscription can be active at a time. To change the plan during an active Subscription, contact support.

Three days before the end, the account area reminds you to renew. Without auto-renewal (section 7) the Subscription does not renew by itself.

When a Subscription or a Free trial ends, the Account returns to the Free plan limits. Content is not deleted. If more storage is used than the Free plan allows, new files cannot be uploaded until the User frees up space or gets a Subscription. Viewing, downloading and deleting keep working.

The Provider may extend a Subscription free of charge, as a gift or as compensation. The other terms do not change.

A Free trial is provided free of charge and without card details, once per Account and only if the Account has never had a Subscription. The Provider may offer it only for some plans; its period and terms are shown on the Pricing page and in the window that starts it.

During a Free trial the plan’s features apply. The storage stays as on the Free plan unless the Pricing page says otherwise.

The Provider may refuse a Free trial if one was recently started from the same address or network, or if there are other signs of repeated registration to get one. Hashes of addresses are used for this under the privacy policy.

Nothing is charged after a Free trial. A payment during a Free trial extends the Subscription: the paid period starts when the trial ends. The account area reminds the User 2 days before a Free trial ends and says when it has ended.

If the Provider reduces the Free plan storage, an Account’s storage does not become smaller than what is already used, and Content is not deleted.

Auto-renewal is recurring payment for a Subscription via SBP through the Platega Payment service, in roubles. The Provider may offer it only for some plans, periods and prices; where it is available, the checkout window has a “Renew automatically” box.

Auto-renewal is turned on only by the User’s separate consent: the User ticks “Renew automatically”, seeing the amount of one charge and how often it recurs, then enters an email on the Platega page and confirms the account binding in their bank app. Without the tick and the confirmation there are no automatic charges.

The first charge is made after the binding is confirmed and extends the Subscription like a one-time payment. After that Platega charges the same amount every paid period — 30, 90 or 365 days, according to the chosen period; each charge extends the Subscription. The date of the next charge is shown in the account area, under “Subscription”.

The amount of a charge is fixed at consent and does not change while auto-renewal is on. A new plan price applies only to auto-renewal the User connects again.

The account area reminds the User of an upcoming charge 3 days and 1 day before it. After each charge Platega sends an email to the address provided. [to verify: whether the account area reminder and the Platega email are sufficient]

If a charge fails, Platega does not retry it. For three days the account area shows this, and the Provider checks with Platega three times, once a day, whether the payment went through. The User can connect auto-renewal again — the bank will ask for confirmation. If no payment goes through, auto-renewal switches off; the Subscription runs until the end of the paid period.

Auto-renewal can be switched off at any time with one “Turn off auto-renewal” button in the account area, under “Subscription”, without confirmations or reasons, and with the link in the Platega email. After it is switched off there are no new charges, and the Subscription runs until the end of the period already paid.

If a charge goes through after auto-renewal was switched off — for example, because of a failure at the Payment service — the Provider refunds it in full under the refund policy.

The Provider may switch auto-renewal off if the Account is deleted or restricted, if the Provider stops accepting payments through Platega, or if Platega ends the binding. The User sees this in the account area; the paid period is kept.

The Provider does not receive card or account details: the binding is kept by Platega and the payer’s bank.

The Provider undertakes to:

• provide access to the Service under this offer;
• store Content in encrypted form and open it to others only according to the User’s access settings, except in the cases of clause 8.3;
• process personal data under the privacy policy;
• respond to support requests;
• refund money under the refund policy.

The Provider may:

• develop and change the Service and carry out maintenance, including with temporary unavailability;
• change the Free plan limits — the limits of a paid Subscription are not reduced before it ends;
• limit the rate of requests and the volume of operations to protect the Service from overload and abuse;
• restrict access to Content and Accounts on the grounds of section 12;
• engage third parties to operate the Service: hosting, Payment services.

Authorised administrators of the Provider may open Content, including private Content, only to review a report, check a violation or a security threat, or comply with the law. Every such opening is logged.

The User may:

• use the Service within their plan;
• decide who can access each piece of Content: only themselves, anyone with the link, or everyone; set a password, an expiry and one-time access;
• delete Content, export their data as an archive and delete the Account in the settings;
• contact support and report Content;
• cancel a Subscription and get a refund under the refund policy.

The User undertakes to:

• comply with the law, this offer and the sharing guide;
• upload only Content they have rights to, and publish images of people with their consent where it is required;
• keep the Login key and API keys secret;
• not interfere with the Service or other users.

A link recipient can save a copy of Content, forward the link or record the screen. Closing access or deleting Content in the Service does not remove copies already made, including link previews in messengers.

It is prohibited to store or distribute in the Service:

• content whose distribution is prohibited by applicable law, including the laws of the UAE;
• content depicting sexual exploitation of minors;
• pornographic content;
• extremist and terrorist content, calls for violence;
• incitement to hatred and discrimination, including on grounds of religion, race, nationality or sex;
• promotion of drugs, calls for suicide and descriptions of suicide methods;
• threats, harassment and insults;
• other people’s personal data — addresses, documents, correspondence, photos — without their consent;
• content that infringes copyright or other rights of third parties;
• malware, phishing and fraudulent content;
• spam and mass advertising.

It is prohibited to:

• bypass access restrictions on other people’s Content or Account restrictions, or guess passwords and links;
• create Accounts automatically or in bulk, or sell or transfer access to an Account;
• overload the Service, including with automated requests beyond the limits;
• search for and exploit vulnerabilities of the Service to cause harm. Please report any vulnerability you find to support.

If Content or an action violates this section, the Provider may close access to the Content or delete it, and in case of a serious or repeated violation restrict the Account under section 12.

Anyone who has opened Content can report it, including without an Account: use “Report” on the Content page. Reasons: illegal content, sexual content involving minors, pornography, violence, harassment, privacy violation, spam, copyright infringement, other. Reports of sexual content involving minors are reviewed first.

Rights holders and other persons who need a reply can also send a notice to [email for legal notices]. Include the link to the Content, what the violation is and how to contact you; a rights holder also includes information confirming their rights.

Complaints and requests, including those of public authorities, have a separate address — abuse@lac.pics. What to include and how the Provider responds is described on the Abuse reports and requests from authorities page.

Reports are reviewed by administrators in a private queue. A report does not hide Content by itself: the decision on a report and deletion of Content are separate actions.

A User who disagrees with a decision about their Content or Account can challenge it through support, or at [email for legal notices] if the Account is blocked.

The Provider may close access to Content, delete Content or block an Account if:

• section 10 or the law is violated;
• a court or an authorised state body requires it;
• the Account is used to attack the Service or other users, or its keys are compromised.

When an Account is blocked, sign-in, sessions, API keys and access to its Content, including by link, are closed. Content and settings are kept unless the law or the nature of the violation requires deletion.

After unblocking, the User can sign in with the same Login key. Previous sessions and API keys are not restored and must be created again.

In case of a gross or repeated violation, the Provider may delete the Account together with its Content. The Account is blocked before deletion.

If a restricted or deleted Account had a paid Subscription, money for unused full days is refunded on request under the refund policy. [to verify: refunds when an account is restricted for a violation]

Rights to Content remain with the User or the rights holder. The Provider does not acquire exclusive rights to it.

By uploading Content, the User grants the Provider a free non-exclusive right to store, copy, convert (create previews and viewing versions) and show the Content to those the User has given access. The right is granted only to operate the Service and for as long as the Content is stored in it.

The right ends when the Content is deleted. Copies in the Service’s backups are removed as backups are replaced, within the periods in the privacy policy.

The software, design and the lacuna name belong to the Provider or are used lawfully. The app includes open-source components; their licences are included with the installer.

The Provider processes personal data of Users and Visitors under the privacy policy.

A nickname and a name are enough to conclude and perform the agreement. The Provider does not require an email address, a phone number or identity documents.

The parties are liable for non-performance of the agreement under the law set out in section 18.

The User is responsible for the substance of their Content, for the access settings they choose and for keeping the Login key and API keys safe.

The Provider is not liable for:

• consequences of the User losing the Login key or sharing it with others;
• actions of link recipients to whom the User gave access;
• failures of banks, Payment services, communication networks and blockchain networks that the Provider does not control;
• temporary unavailability of the Service due to maintenance, attacks or force majeure, if the Provider took reasonable steps to restore it.

The Service does not replace backups. The Provider takes measures against data loss but recommends keeping copies of important files.

The limitations of this section do not apply where the law does not allow liability to be limited, including towards consumers.

The Provider may change the offer by publishing a new version with its date on this page. The new version applies from publication unless it states a later date.

The Provider announces material changes in the Service in advance — at least 10 days before they take effect. [to verify: notification channel and period]

Changes do not worsen the terms of an already paid Subscription period. A User who disagrees with a new version may stop using the Service, delete the Account and get a refund for unused days under the refund policy.

The agreement is in force while the Account exists.

The User may terminate the agreement at any time by deleting the Account in the settings. It is better to request a refund for unused days before deleting the Account: after deletion, payments are kept without a link to it.

If the Provider shuts down the Service, it warns Users in the Service at least 30 days in advance. During this time Users can export their data, and money for unused Subscription days is refunded. [to verify: notice period before shutdown]

The Provider may terminate the agreement on the grounds of section 12.

Send questions and claims to support in the account area or to [email for legal notices]. The Provider responds to a claim within 10 calendar days.

Before going to court or arbitration, please contact support: this usually resolves a dispute faster.

The agreement is governed by the laws of the United Arab Emirates and the Emirate of [emirate]. Disputes are heard by [DIFC Courts / Dubai Courts / arbitration].

If the User is a consumer, the choice of law and forum does not deprive them of the protection of the mandatory rules of the country where they live.