Only35

Terms of Service

Last updated: January 15, 2026

These Terms of Service ("Terms") govern your access to and use of Only 35, a digital asset management platform for photographers. By accessing or using our service, you agree to be bound by these Terms.

1. Agreement to Terms

By creating an account or using Only 35, you agree to these Terms of Service, our Privacy Policy, and any additional terms that may apply. If you do not agree to these Terms, you may not access or use the service.

These Terms constitute a legally binding agreement between you and Carlo Nicora (Partita IVA: 01356480325), the operator of Only 35.

We may modify these Terms at any time. Your continued use of the service after changes are posted constitutes your acceptance of the modified Terms.

2. Service Description

Only 35 is a cloud-based digital asset management (DAM) platform designed specifically for professional photographers. The service includes:

  • Secure cloud storage for photographs and associated metadata
  • AI-powered organization, tagging, and search capabilities
  • Client delivery and portfolio sharing tools

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

3. Eligibility

To use Only 35, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the service under applicable law
  • Not have been previously suspended or removed from the service

By using Only 35, you represent and warrant that you meet all eligibility requirements. The service is intended for professional photographers and creative professionals.

4. Account Terms

4.1 Account Registration

You must provide accurate, complete, and current information when creating your account. You are responsible for maintaining the accuracy of this information.

4.2 Account Security

You are responsible for maintaining the security of your account credentials. You must:

  • Keep your password confidential and not share it with others
  • Notify us immediately of any unauthorized access or security breach
  • Take reasonable steps to prevent unauthorized access to your account

4.3 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.

5. Subscription & Payment

5.1 Subscription Plans

Only 35 offers various subscription tiers with different features and analysis limits. Details of current plans and pricing are available on our website.

5.2 Payment Processing

All payments are processed securely through Stripe. We do not store your payment card details on our servers. By subscribing, you authorize us to charge your payment method for the subscription fees.

5.3 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your subscription will automatically renew at the end of each billing period unless you cancel.

5.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period after the notice.

5.5 Non-Payment

Important: If payment fails or your subscription lapses, your account will be immediately downgraded to restricted access. You will retain read-only access to your content but will be unable to upload new photographs or use premium features until payment is restored.

5.6 Refunds

Subscription fees are non-refundable except where required by law. If you cancel your subscription, you will continue to have access to paid features until the end of your current billing period.

6. Your Content & License

6.1 Ownership

You retain full ownership of all photographs and content you upload to Only 35. Nothing in these Terms transfers ownership of your intellectual property to us.

6.2 License Grant to Only 35

By uploading content to Only 35, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

  • Store, backup, and transmit your content to provide the service
  • Process your content with AI systems for tagging, search, and organization features
  • Transmit your content to third-party AI providers (Google Vertex AI and/or OpenRouter to Google Gemini) for the sole purpose of generating tags, descriptions, and enabling visual search — these providers may temporarily retain your data for up to 55 days but do not use it for training
  • Generate thumbnails and preview images
  • Display your content to you and those you authorize (e.g., clients)

This license exists solely for the purpose of operating and providing the service to you. It terminates when you delete your content or close your account.

6.3 What We Don't Do With Your Content

  • We do not claim ownership of your photographs
  • We do not use your photographs to train AI models
  • We do not sell or license your photographs to third parties
  • We do not share your photographs publicly without your explicit consent
  • We do not allow AI providers to use your photographs for model training (no-training policy enforced)

6.4 Your Representations

By uploading content, you represent and warrant that:

  • You own or have the necessary rights to the content
  • Your content does not infringe any third party's intellectual property rights
  • You have obtained necessary releases from identifiable individuals
  • Your content complies with our Content Policy (Section 8)

7. Platform Intellectual Property

Only 35, including its software, design, features, documentation, and all related intellectual property, is owned by Carlo Nicora or licensed to us. You may not:

  • Copy, modify, or create derivative works of the platform
  • Reverse engineer, decompile, or disassemble any part of the service
  • Remove or alter any proprietary notices or labels
  • Use our trademarks, logos, or branding without permission

We grant you a limited, non-exclusive, non-transferable license to access and use the service for its intended purpose, subject to these Terms.

8. Content Policy

8.1 Professionally Uncensored

Only 35 is built for professional photographers. We recognize that legitimate professional photography includes artistic nudity, boudoir, fine art, and similar genres. Such content is welcome on our platform when it represents genuine professional work.

8.2 Absolutely Prohibited Content

The following content is strictly prohibited and will result in immediate account termination:

  • Child Sexual Abuse Material (CSAM): Any sexual content involving minors. We report all such content to relevant authorities including NCMEC.
  • Non-consensual intimate images: Sexual or intimate images shared without the consent of the depicted individual(s).
  • Illegal content: Content that violates applicable laws, including but not limited to content depicting illegal acts.
  • Content promoting violence: Content that promotes, glorifies, or incites violence against individuals or groups.

8.3 Copyright Infringement

You may not upload content that infringes on the copyright or other intellectual property rights of others. We respond to valid DMCA takedown notices and will remove infringing content. Repeat infringers will have their accounts terminated.

8.4 Content Removal

We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, is harmful, offensive, or otherwise objectionable. We may also remove content in response to valid legal requests.

9. Acceptable Use

You agree not to:

  • Unauthorized access: Attempt to gain unauthorized access to any part of the service, other accounts, or computer systems
  • Service interference: Interfere with or disrupt the service, servers, or networks connected to the service
  • Automated access: Use bots, scrapers, or automated tools to access the service without our prior written consent
  • Circumvention: Attempt to bypass any security measures, access controls, or usage limits
  • Impersonation: Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
  • Harmful activities: Transmit viruses, malware, or other harmful code
  • Abuse: Use the service in any way that could damage, disable, overburden, or impair it

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE"

To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

  • The service will be uninterrupted, secure, or error-free
  • Any defects will be corrected
  • The service will meet your specific requirements
  • AI-generated tags, descriptions, or analysis will be accurate

Backup Recommendation: While we implement robust backup systems, you are strongly advised to maintain your own backups of all photographs and content. We are not responsible for data loss due to any cause. Only 35 is not designed to be a backup system.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, in no event shall Carlo Nicora, Only 35, or our affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of (or inability to access or use) the service
  • Any conduct or content of any third party on the service
  • Any content obtained from the service
  • Unauthorized access, use, or alteration of your content
  • Data loss or corruption

Liability Cap: Our total liability for any claims arising from these Terms or your use of the service shall not exceed the greater of: (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) €100.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Carlo Nicora, Only 35, and our officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

  • Your use of the service
  • Your content or your violation of any third party's rights
  • Your violation of these Terms
  • Your violation of any applicable law or regulation

13. Termination

13.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting us. Upon cancellation:

  • You will retain access to paid features until the end of your current billing period
  • Your content will be retained for 30 days, during which you may export your data
  • After 30 days, all content will be permanently deleted

13.2 Termination by Us

We may suspend or terminate your account immediately if:

  • You violate these Terms or our Content Policy
  • Your use poses a security risk or may cause harm to others
  • We are required to do so by law
  • Your account remains inactive for an extended period

13.3 Effect of Termination

Upon termination:

  • Your right to access and use the service immediately ceases
  • We may delete your account and all associated content
  • Sections that by their nature should survive (including ownership, disclaimers, indemnification, and limitations of liability) will remain in effect

14. Governing Law

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws in your country of residence.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving notice.

15.2 Jurisdiction

If informal resolution is unsuccessful, any disputes arising from these Terms or your use of the service shall be subject to the exclusive jurisdiction of the courts of Trieste, Italy.

15.3 EU Consumer Rights

If you are a consumer in the European Union, you may also bring proceedings before the courts of your country of residence. You may additionally use the EU Online Dispute Resolution platform at ec.europa.eu/odr.

16. Changes to Terms

We may modify these Terms at any time. When we make material changes:

  • We will update the "Last updated" date at the top of these Terms
  • We will notify you by email at least 30 days before changes take effect for material modifications
  • We will provide notice within the application

Your continued use of the service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the service.

17. Contact

If you have questions about these Terms of Service, please contact us:

Only 35 - Legal Carlo Nicora Partita IVA: 01356480325 Email: