Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the Pro Photo Systems platform ("PPS," "we," "us," "our"). By accessing or using the platform, mobile app, or any related service (collectively, the "Service"), you agree to these Terms and our Privacy Policy and (if applicable) our SMS Terms. If you do not agree, do not use the Service.

2. Eligibility and Account Types

Age: You must be at least 18 years old to create an account. The Service is not intended for use by children under 13 as account holders; children may appear only as subjects (photographed participants) under the consent of a parent, guardian, or organization administrator.

Account types:

• Photographer account — paying subscribers operating a photography business
• Organization administrator account — schools, sports leagues, dance studios, and similar groups
• Parent / guardian account — end-customers who view and purchase photos

You may not register an account on behalf of another person without authorization.

3. Account Creation and Security

You agree to:

• Provide accurate, current information
• Keep your password secure and not share it
• Notify us immediately of any unauthorized access at security@prophotosystems.com
• Be responsible for all activity under your account

4. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose
• Upload, capture, or share photos in violation of applicable privacy or consent laws
• Upload content depicting child sexual abuse material (CSAM) — we cooperate fully with NCMEC and law enforcement on such reports
• Attempt to access photos, data, or accounts not belonging to you
• Use the Service to send unsolicited bulk communications
• Probe, scan, or otherwise test the platform's vulnerability without prior written permission
• Use automated systems (bots, scrapers) without prior written permission
• Resell, sublicense, or rent access to the Service
• Reverse-engineer or attempt to extract source code

Violation may result in immediate account termination and, where appropriate, referral to law enforcement.

5. Content Ownership

Photographer-uploaded photos: Photographers retain ownership of photos they upload. By uploading, the photographer grants PPS a non-exclusive, royalty-free, worldwide license to store, display, distribute, and transmit the photos as necessary to provide the Service; to generate derivatives (thumbnails, watermarked previews, color-corrected versions, background replacements, retouching) as the photographer requests; and to display the photos to authorized parents and organization administrators for the purpose of viewing and purchasing. This license terminates when the photo is deleted from the Service.

Subject privacy: Photographers are responsible for obtaining all necessary releases, consents, and permissions from subjects (or their parents/guardians) before uploading photos. The legal responsibility lies with the photographer.

PPS content: The Service itself, including its software, design, branding, and documentation, is owned by PPS or its licensors.

Parent purchases: Parents receive a personal-use license to purchased items. They may not resell or distribute commercially.

6. Privacy

Our Privacy Policy explains how we collect, use, share, and protect information. By using the Service, you agree to the practices described there. For SMS-specific terms, see our SMS Terms.

7. Photographer Subscriptions and Commerce

Subscriptions: Photographer accounts are subject to subscription fees as displayed at signup. Subscriptions auto-renew unless canceled before the renewal date. Cancellations take effect at the end of the current billing period.

Payment: Subscription payments are processed by Stripe.

Marketplace payouts (Stripe Connect):When parents purchase from a photographer, the photographer receives payouts via Stripe Connect. By using marketplace features, you agree to Stripe's Connected Account Agreement.

Refunds:Photographer subscription refunds are at PPS's discretion. Parent purchase refunds are set by the photographer subject to applicable consumer protection laws.

Taxes: Photographers are responsible for collecting and remitting any sales tax, VAT, or other transactional taxes applicable to their parent customers. Stripe Tax is enabled by default to assist with calculation.

Chargebacks and disputes: Photographers are responsible for chargebacks initiated by their customers, including associated Stripe fees. PPS reserves the right to deduct chargeback losses from future payouts.

8. Organization Terms

Organization administrators agree that:

• They have authority to represent the organization
• They will obtain appropriate parental consent for participants under 18 before adding them to rosters
• They will not use the Service to share rosters with unauthorized third parties
• Organization data (rosters, schedules, participant lists) remains the organization's property; PPS uses it only to provide the Service

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not warrant that the Service will be uninterrupted or error-free, that AI face matching, background replacement, color correction, or retouching will produce specific results, or that photos will be stored indefinitely. To the maximum extent permitted by law, we disclaim all warranties including merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of Liability

To the maximum extent permitted by law, PPS's total liability arising out of or related to your use of the Service is limited to the greater of (a) the amount you paid PPS in the 12 months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). PPS is not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or data, even if foreseeable.

11. Indemnification

You agree to indemnify and hold harmless PPS, its officers, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of any law or third-party right, your content (photos, rosters, communications), or your use of the Service.

12. Termination

We may suspend or terminate your account for violation of these Terms, suspected fraud or abuse, non-payment, legal obligation, or discontinuation of the Service. You may terminate your account at any time via account settings or by contacting support@prophotosystems.com. Upon termination, your access ceases immediately. Outstanding obligations (payments, indemnification) survive termination.

13. Changes to the Service or Terms

We may modify the Service or these Terms at any time. For material changes to these Terms, we will notify you via email or in-app notice at least 30 days before they take effect. Continued use after the effective date constitutes acceptance.

14. Dispute Resolution

Informal resolution: Before filing a formal claim, contact us at legal@prophotosystems.com and attempt informal resolution for at least 30 days.

Governing law, forum, and class-action terms are pending counsel review. Final language will be added before the effective date.

Any claim must be filed within one (1) year of the event giving rise to the claim, or it is forever waived.

15. Miscellaneous

These Terms, together with the Privacy Policy and SMS Terms, constitute the entire agreement. If any provision is held unenforceable, the remaining provisions remain in effect. Failure to enforce any provision is not a waiver of future enforcement. You may not assign these Terms without our consent. Nothing in these Terms creates a partnership, joint venture, or agency relationship. Neither party is liable for failure to perform due to events beyond reasonable control (force majeure).

16. Contact

legal@prophotosystems.com