01Agreement to these terms
These Terms of Service (the “Terms”) govern your use of mamitikay, an online marketplace where roadside photographers publish motorcycle and rider photographs and riders purchase copies of them. By creating an account, signing in — including signing in with Google — or otherwise using the service, you agree to these Terms. If you do not agree with them, do not use the service.
How we handle your personal information is described separately in our Privacy Policy, which forms part of these Terms.
02Who can use mamitikay
You must be at least 13 years old to hold a rider account, and if you are under 18 you may only use the service with the consent and supervision of a parent or guardian. You must be at least 18 years old to hold a photographer account, because selling work and receiving payment requires the capacity to enter into a contract.
You may not use the service if we have previously suspended or terminated your account, or if doing so would be prohibited by law where you are.
03Your account
Rider accounts and photographer accounts are separate, and each is created through its own registration and sign-in flow. You may sign in with an email address and password, or with your Google account.
You agree to give accurate information when you register and to keep it current. You are responsible for keeping your password and your sign-in method secure, and for everything that happens under your account. Tell us promptly at support@mamitikay.com if you believe someone else has gained access to it.
Do not create an account for anyone else, share your account, or transfer it. We may suspend or close an account that breaches these Terms, and you may close your own account at any time as described in the Privacy Policy.
04What mamitikay is, and is not
mamitikay is a venue that connects photographers and riders. The contract for any photograph is between the photographer who took it and the rider who buys it. We are not a party to that contract, we do not own the photographs, and we do not act as either side’s agent.
We do not process payments. Riders pay photographers directly by the method the two of them agree on — cash, GCash, Maya, bank transfer, or another arrangement. mamitikay records the amount, the method, and any proof of payment you upload so that both sides have a shared record, but the money never passes through us. We do not hold funds in escrow, we do not guarantee that a payment will be made or honoured, and we do not issue refunds on a photographer’s behalf.
Because of this, disputes about payment, photo quality, or delivery are primarily between the rider and the photographer. You agree to try to resolve them directly and in good faith. We may — but are not obliged to — help by reviewing the chat and transaction records for a listing.
05Terms for photographers
Your rights in your work
You keep the copyright in every photograph you upload. By uploading, you grant mamitikay a non-exclusive, worldwide, royalty-free licence to store, reproduce, resize, watermark, and display the photograph for the purposes of operating and promoting the service — showing watermarked previews and thumbnails in search results and on your profile, and delivering the full-resolution file to a rider who buys it. This licence ends when you delete the photograph, except for copies already delivered to buyers and copies we must keep for transaction records.
What you promise about what you upload
- You took the photograph yourself, or you otherwise hold the rights necessary to sell it here.
- The photograph was taken lawfully, in a place where photography is permitted, and it does not invade anyone else’s privacy.
- The details you enter — motorcycle brand, model, colour, plate number, gear, location, and time taken — are accurate and describe the photograph honestly.
- The photograph is a genuine roadside or rider photograph. It is not sexual content, it does not depict minors inappropriately, it does not show an accident or injury for shock value, and it is not manipulated to misrepresent what happened.
- You set your own price, and you will honour it for anyone who buys at that price.
Take-down requests
A person who appears in one of your photographs may ask us to remove it. We will normally honour such a request, and we may remove a photograph without notice where we believe it breaches these Terms, infringes someone’s rights, or is unlawful. Removal for these reasons does not entitle you to compensation.
06Terms for riders
Previews and purchases
Search results show watermarked, reduced-quality previews so that you can confirm a photograph is of you before paying. Buying a photograph gives you access to the full-resolution, watermark-free file. Prices are set by the photographer, not by mamitikay, and are shown in Philippine pesos.
What you may do with a photograph you have bought
Unless the photographer agrees otherwise in writing, a purchase gives you a personal, non-exclusive, perpetual licence to use the photograph for your own personal, non-commercial purposes — keeping it, printing it, and posting it on your own social media (crediting the photographer is appreciated). It does not transfer the copyright, and it does not let you resell or relicense the photograph, use it in advertising or any other commercial context, or claim it as your own work. If you want commercial rights, arrange them with the photographer directly through chat.
Previews and protection
Do not attempt to bypass the watermark, the preview restrictions, or any other technical measure in order to obtain a full-resolution file you have not paid for. Doing so is a breach of these Terms and may infringe the photographer’s copyright.
Refunds
Because payment is made directly to the photographer, refund requests go to the photographer. Raise the issue in the chat for that transaction. If a photographer takes payment and does not deliver the file, report it to us at support@mamitikay.com — we can act on the account even though we cannot return the money ourselves.
07Acceptable use
When using mamitikay, you agree not to:
- upload or send anything unlawful, harassing, hateful, threatening, defamatory, sexually explicit, or invasive of someone’s privacy;
- use the plate numbers, locations, times, or any other detail on the service to stalk, intimidate, track, or otherwise harm a person;
- impersonate anyone, or misrepresent who you are or your relationship with mamitikay;
- scrape, crawl, bulk-download, or systematically copy photographs, previews, listings, or profile data, or use any automated means to access the service beyond ordinary browsing;
- circumvent the preview, watermark, or access controls, probe or test the service’s security, or attempt to access accounts or data that are not yours;
- interfere with the service’s operation — introducing malware, overloading it, or disrupting other people’s use of it;
- send spam or unsolicited promotional messages through chat, or use chat to move a transaction off-platform in order to defraud the other party; or
- use the service for any unlawful purpose, or to facilitate one.
Report anything that breaks these rules to support@mamitikay.com.
08Intellectual property and complaints
Photographs belong to the photographers who took them. The mamitikay name, logo, interface, and underlying software belong to us, and nothing in these Terms grants you a licence to use them beyond using the service as intended.
If you believe material on mamitikay infringes your copyright or another right you hold, email support@mamitikay.com with: a description of the work, a link to the listing, your contact details, a statement that you believe the use is unauthorised, and a statement that the information you have given is accurate. We will investigate and remove infringing material where the complaint is substantiated, and we may terminate the accounts of repeat infringers.
09Availability and changes to the service
We aim to keep mamitikay available, but we do not promise uninterrupted service. We may change, suspend, or discontinue features, and we may impose limits on uploads, storage, or messaging. Where a change materially reduces what the service does for you, we will give notice where we reasonably can. The service is provided on an “as is” and “as available” basis.
10Disclaimers and limitation of liability
To the fullest extent permitted by law, mamitikay disclaims all warranties that are not expressly stated here, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that a photograph of you exists, that search will find it, that a photographer’s description is accurate, that a photographer will deliver, or that a rider will pay.
To the fullest extent permitted by law, mamitikay will not be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, lost data, or loss of goodwill, arising out of your use of the service. Our total aggregate liability to you for any claim relating to the service is limited to the greater of (a) the total amount you paid or received through transactions recorded on mamitikay in the three months before the claim arose, or (b) one thousand Philippine pesos (₱1,000).
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
11Indemnity
You agree to indemnify and hold mamitikay harmless from any claim, demand, loss, or expense (including reasonable legal fees) brought by a third party and arising out of the content you upload or send, your use of the service, or your breach of these Terms or of any law. This is particularly relevant to photographers: if someone brings a claim about a photograph you uploaded, that claim is yours to answer.
12Suspension and termination
You may stop using mamitikay and close your account at any time. We may suspend or terminate your access, remove your content, and withdraw listings if you breach these Terms, if we are required to by law, or if we reasonably believe your continued use puts other people or the service at risk. Where the circumstances allow, we will tell you why. Sections that by their nature should survive termination — licences already granted to buyers, the disclaimers, the limitation of liability, and the indemnity — continue to apply afterwards.
13Governing law and disputes
These Terms are governed by the laws of the Republic of the Philippines, without regard to conflict-of-laws rules. Any dispute arising from these Terms or your use of the service is subject to the exclusive jurisdiction of the competent courts of the Philippines. Before going to court, please write to us at support@mamitikay.com so that we can try to resolve the matter informally.
14Changes to these terms
We may revise these Terms as the service develops or as the law requires. When we do, we will update the “last updated” date at the top of this page, and for material changes we will give notice in the app or by email before they take effect. Continuing to use mamitikay after a change takes effect means you accept the revised Terms. If you do not accept them, close your account.
15Contact us
Questions about these Terms, reports of abuse, and copyright complaints all go to:
mamitikay
Email: support@mamitikay.com