Terms of Service

These Photeria ("Photeria," "Company," "we," "us," or "our") Terms of Service ("Terms") govern your access to and use of our platform that allows photographers, videographers, and media professionals ("Media Providers") to manage bookings, scheduling, and deliver media content to real estate agents, brokers, and other clients ("Clients") through property websites and delivery portals (collectively, the "Platform" or "Services").

By accessing or using the Platform, you agree that you have read these Terms carefully, that you agree to arbitration of certain claims and waive your right to a jury trial, and agree to be bound by these Terms. Your acceptance of these Terms creates a legally binding contract between you and the Company. If you do not agree with any aspect of these Terms, do not use the Platform or create an account.

THE COMPANY RESERVES THE RIGHT TO MODIFY OR UPDATE THESE TERMS AT ANY TIME.

Age Restrictions
Description of Services
User Accounts
Fees and Payment
Cancellation and Refunds
User Content and Data Ownership
License to Use Content
User Responsibilities
Prohibited Activities
Intellectual Property
Fair Housing Act Compliance
SMS/Text Messaging Terms
Third-Party Services
DMCA Copyright Policy
Disclaimers and Warranty Disclaimer
Limitation of Liability
Indemnification
Arbitration Agreement
Class Action Waiver
Governing Law and Jurisdiction
Termination
Severability
Changes to Terms
Entire Agreement
Contact Us

1. Age Restrictions

Use of the Platform by anyone under the age of 18 is strictly prohibited. By using the Platform, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years old, you are not authorized to access or use the Platform.

2. Description of Services

Photeria is a software-as-a-service platform that provides booking, scheduling, project management, media delivery, and payment tools for real estate photography and media businesses. The Platform enables Media Providers to:

Manage client bookings and appointments
Schedule and coordinate photography, videography, and other media services
Upload, organize, and deliver photos, videos, floor plans, virtual tours, and other media
Create property websites for listing presentations
Process payments and manage invoicing
Communicate with clients through the Platform

Any uploading of inappropriate content, including without limitation content that is obscene, pornographic, defamatory, or illegal, is strictly prohibited and will result in immediate termination of your account. Users must report any prohibited content immediately to the Company.

3. User Accounts

To access certain features of the Platform, you must register for an account. When you create an account, you agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information to keep it accurate and complete
Maintain the security and confidentiality of your password
Accept all responsibility for all activities that occur under your account
Immediately notify us of any unauthorized use of your account or any other breach of security

You may not create an account using another person's or entity's name, create more than one account (unless we have given you written permission), use another person's account, or impersonate another person or entity.

4. Fees and Payment

Pay-Per-Listing Model: Photeria operates on a pay-per-listing model. You are charged a fee for each listing delivered to your clients through the Platform. Current pricing is displayed within the Platform.

Monthly Invoicing: By signing up for a Platform account and providing your payment information, you agree to receive monthly itemized invoices with fee details. The monthly invoices will be based on your use of the Platform during the billing period. You acknowledge and agree that the payment method provided by you will be automatically charged the fees you incur in connection with your use of the Platform.

Payment Methods: We accept major credit cards and other payment methods as indicated within the Platform. All payment processing is handled by Stripe. By using the Platform, you agree to their terms of service.

Late Payments: Your use of the Platform may be suspended if we are unable to charge your payment method for any reason or if your account is otherwise past due.

Price Changes: The fees applicable to your account may be subject to modification from time to time. We will provide notice (which may be given via email) at least thirty (30) days in advance of any fee changes. You may cancel your account if you do not agree to any modified fees.

Currency: All fees must be paid in U.S. dollars (or such other currencies as may be accepted by Company from time to time).

Pricing Errors: We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

5. Cancellation and Refunds

All purchases are non-refundable. You can cancel your account at any time by contacting us at hello@photeria.io. Upon cancellation, your access to the Platform will terminate, but you remain responsible for any outstanding fees incurred prior to cancellation.

6. User Content and Data Ownership

You Retain Ownership: You retain all ownership rights to your data and your media. We do not take ownership of the content or data that you submit to us. This includes:

Media: All photographs, videos, floor plans, virtual tours, and other media files you upload ("Media")
Property Data: All textual information, property details, addresses, client information, and other data you input ("Property Data")
Business Data: All information related to your business operations, including client lists, pricing, and scheduling information

All of the above is collectively referred to as "Your Content." You are solely responsible for Your Content and all activities that occur under your account.

7. License to Use Content

When you submit, upload, or post any content that is covered by intellectual property rights on or in connection with the Platform, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of Your Content, subject in each case to any use and sharing preferences or other restrictions you have specified within the Platform, and solely in connection with providing the Services.

What this license means in plain terms:

Non-exclusive: You can give the same rights to others, including your clients
Transferable: If the Company is acquired, this license transfers with it, but all limitations remain in place
Sub-licensable: We can give some rights to third parties when you request us to upload content to services like cloud storage or delivery platforms
Royalty-free: We don't have to pay you royalties to provide the Services you've requested
Worldwide: The internet is global, and we need to provide the Services wherever users are located

Important limitations:

This license is only for providing the Platform and Services — we cannot use Your Content for unrelated purposes
We will not use your Media in advertising or marketing materials without your explicit consent
When you delete Your Content or your account, the license terminates (except for content already shared with your clients as directed by you)

By uploading content, you represent and warrant that:

You are the owner of Your Content or have the necessary rights and permissions to grant this license
You have obtained all necessary consents from any individuals depicted in your Media
Your Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party

8. User Responsibilities

You are solely responsible for:

Investigating the qualifications, experience, skills, and credentials of any other Platform user with whom you communicate
The quality and accuracy of all Media and content you upload
Determining your legal obligations, including those related to taxes, insurance, licensing, and credentialing requirements
Ensuring your use of the Platform complies with all applicable laws and regulations

You acknowledge that the Company:

Does not inspect or verify the quality of any Media or services
Does not guarantee that services performed will meet any particular standards or requirements
Does not investigate or screen users for qualifications, experience, skills, or credentials
Does not guarantee payment from clients for any transaction
Does not provide legal, tax, or business advice

When using the Platform, you agree to:

Accurately describe your skills, qualifications, credentials, and experience
Not make any false or misleading statements
Use reasonable best efforts to complete all obligations in a professional and timely manner
Promptly make any payments owed in accordance with these Terms

9. Prohibited Activities

As a condition of your use of the Platform, you agree not to:

Use the Platform for any purpose that is unlawful or prohibited by these Terms
Use the Platform in any manner that could damage, disable, overburden, or impair the Platform
Attempt to gain unauthorized access to any portion of the Platform or any systems or networks connected to the Platform
Use automated means (bots, scrapers, spiders) to access or gather information from the Platform without our written permission
Bypass any robot exclusion measures or access restrictions we implement
Use false or misleading information in connection with your account
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Upload content that is defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable
Upload content that infringes on the intellectual property rights of others
Upload content containing viruses, malware, or other harmful code
Use the Platform to send spam, phishing attempts, or other unsolicited communications
Use the Platform to impersonate other companies, services, or individuals
Re-join or attempt to use the Platform if we have banned or suspended you
Defraud the Company or any other user
Use another user's account or allow another person to use your account

Any illegal activities undertaken in connection with the Platform may be referred to the appropriate authorities. We reserve the right to disable any account that we believe, in our sole discretion, violates these Terms or is otherwise inappropriate.

10. Intellectual Property

Unless otherwise indicated, the Platform is the sole property of the Company. All source code, databases, functionality, software, website designs, text, graphics, logos, icons, and images are owned or controlled by the Company or licensed to the Company, and are protected by copyright, trademark, and other intellectual property laws.

All intellectual property is provided on the Platform "as is" for your use only. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. You agree not to:

Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms underlying the Platform
Copy, modify, or create derivative works of the Platform or any portion thereof
Use the Company's trademarks, logos, or branding without our written consent

11. Fair Housing Act Compliance

All real estate advertising placed by anyone through the Platform is subject to the U.S. Federal Fair Housing Act of 1968, as amended, which makes it illegal to advertise "any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination."

State and local laws may add additional prohibitions against discrimination based on age, parental status, sexual orientation, gender identity, political ideology, source of income, and other bases. Users are responsible for ensuring their content and advertising comply with all applicable fair housing laws.

The Company will not knowingly accept any content or advertising that violates fair housing laws. Users are hereby informed that, to the Company's knowledge, all properties advertised through the Platform are available on an equal opportunity basis.

12. SMS/Text Messaging Terms

Photeria offers SMS-based authentication as part of the Platform. When you choose to log in using your phone number, we send you a one-time passcode (OTP) via text message to verify your identity.

You can cancel the SMS service at any time. Text "STOP" to the number from which you received the message. After you send "STOP," we will send you a confirmation message, and you will no longer receive SMS messages from us. If you want to use phone-based login again, you may re-initiate it through the Platform.

If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at hello@photeria.io.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive one (1) message per login attempt. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

If you have any questions regarding privacy, please read our privacy policy: Privacy Policy.

13. Third-Party Services

The Platform may integrate with or contain links to third-party services, including but not limited to:

Payment processors (Stripe)
Cloud storage providers (Dropbox)
Calendar services (Google Calendar)
Email services (Postmark)
SMS messaging services (Twilio)

Your use of third-party services is governed by their respective terms of service and privacy policies. We are not responsible for the content, accuracy, or practices of any third-party services. Your interactions with third-party services are at your own risk.

14. DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond to notices of alleged copyright infringement that comply with applicable law.

Filing a DMCA Notice

If you believe that content on the Platform infringes your copyright, you may submit a written notification to our designated Copyright Agent containing:

Your physical or electronic signature
Identification of the copyrighted work you claim has been infringed
Identification of the material you claim is infringing and where it is located on the Platform
Your contact information (address, telephone number, and email address)
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

Send DMCA notices to:

Photeria
Attn: Copyright Agent
Email: legal@photeria.io

Counter-Notification

If you believe your content was wrongly removed due to a DMCA notice, you may submit a counter-notification containing:

Your physical or electronic signature
Identification of the material that was removed and where it appeared before removal
A statement, under penalty of perjury, that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, and telephone number
A statement that you consent to the jurisdiction of the federal court in your district and will accept service of process from the complainant

Repeat Infringers

It is our policy to terminate the accounts of users who are repeat infringers of copyright in appropriate circumstances.

15. Disclaimers and Warranty Disclaimer

THE PLATFORM AND ANY CONTENT, INFORMATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES RELATING TO THE SECURITY OF THE PLATFORM
WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
WARRANTIES THAT ANY CONTENT ON THE PLATFORM IS ACCURATE, COMPLETE, OR CURRENT

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY USER-GENERATED CONTENT OR STATEMENTS MADE BY USERS. WE DO NOT WARRANT AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR THIRD-PARTY PARTNERS BE LIABLE TO YOU FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE PLATFORM
DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM
DAMAGES RESULTING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT

EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use or misuse of the Platform
Your violation of these Terms
Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights
Any content you upload, post, or transmit through the Platform
Your violation of any applicable law or regulation

This indemnification obligation does not apply to the extent the claim arises out of the Company's willful misconduct or gross negligence. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

18. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and the Company agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration, rather than in court, except that:

You may assert claims in small claims court if your claims qualify
Either party may seek injunctive or other equitable relief in court to prevent infringement or misappropriation of intellectual property rights

Federal Arbitration Act: The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

Arbitration Rules: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, as modified by this agreement. For information on the AAA, visit www.adr.org.

Arbitration Process:

Before initiating arbitration, you must first send a written notice of the dispute to legal@photeria.io, describing the nature of the claim and the relief sought
Both parties agree to attempt to resolve the dispute through informal negotiation within 30 days
If the dispute cannot be resolved informally, either party may initiate arbitration

Location: For residents of the United States, arbitration may take place in the county where you reside. The arbitration shall otherwise be conducted in New York.

Waiver of Jury Trial: BY AGREEING TO ARBITRATION, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

19. Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.

Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of consolidated, representative, or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If any court or arbitrator determines that this class action waiver is void or unenforceable for any reason, or that arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void, and the parties shall be deemed to have not agreed to arbitrate disputes.

20. Governing Law and Jurisdiction

These Terms and your use of the Platform shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of laws provisions.

For any claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York. You waive any objection to jurisdiction and venue in such courts.

21. Termination

These Terms remain in full force and effect while you use the Platform. We reserve the right to, in our sole discretion and without notice or liability:

Deny access to and use of the Platform to any person for any reason or no reason
Terminate your account and delete any content or information you have posted
Block certain IP addresses from accessing the Platform

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to termination, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive remedies.

Upon termination, your right to use the Platform will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, arbitration, and limitations of liability.

22. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions.

23. Changes to Terms

We may modify or update these Terms from time to time at our sole discretion. Changes will be effective:

Thirty (30) days after we post the revised Terms on the Platform or provide notice via email, or
Immediately upon your acceptance of the revised Terms

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

We encourage you to review these Terms periodically to stay informed of any updates.

24. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior and contemporaneous agreements, communications, and proposals, whether oral, written, or electronic.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

25. Contact Us

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

Photeria
Email: legal@photeria.io

Table of Contents