Terms of Service

Effective Date: [EFFECTIVE DATE]
Last Updated: [LAST UPDATED]

Important: Complete every bracketed placeholder before publishing this document. These Terms assume that order.pics is a software platform, that photographers are the sellers and merchants of record for their own transactions, and that payments are processed by third-party payment providers rather than by order.pics.

These Terms of Service (these "Terms") are a binding agreement between you and [LEGAL ENTITY NAME], a [JURISDICTION OF ENTITY] entity doing business as order.pics ("order.pics," "we," "us," or "our"). These Terms govern your access to and use of the order.pics websites, applications, hosted galleries, storefront tools, order flows, communications, and related services (collectively, the "Service").

By accessing or using the Service, and where we present an acceptance mechanism, by clicking to accept these Terms, creating an account, publishing a storefront, joining a gallery, or placing an order through the Service, you agree to these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity.

1. Scope and Related Terms

1.1 These Terms apply to all users of the Service, including photographers, buyers, invitees, and visitors.

1.2 If you use the Service as a photographer, the Photographer Agreement also applies to you and is incorporated into these Terms by reference. If there is a conflict between these Terms and the Photographer Agreement with respect to photographers, the Photographer Agreement controls.

1.3 The Privacy Policy describes how order.pics processes personal information. By using the Service, you acknowledge the Privacy Policy.

1.4 Certain features, order forms, pricing pages, promotions, beta programs, or product-specific workflows may be subject to additional terms. Those additional terms are incorporated into these Terms to the extent applicable.

2. Eligibility, Authority, and Account Registration

2.1 Photographer accounts, storefront-management accounts, and any other account used to operate a business on the Service may be created only by individuals who are at least eighteen (18) years old and capable of forming a binding contract.

2.2 Buyers and gallery users who are under eighteen (18) years old may use non-account features of the Service only with the involvement and supervision of a parent or legal guardian and only to the extent permitted by applicable law and the Service's functionality. Any order, booking, or other transaction that requires a binding agreement or payment authorization must be made by, or with legally valid authorization from, a parent, guardian, or other adult authorized to contract.

2.3 You may not use the Service if your use would violate applicable law or if you have previously been suspended or removed from the Service, unless we expressly authorize your return.

2.4 You must provide accurate, current, and complete information and keep it updated.

2.5 You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account, including activity by team members, assistants, contractors, or any other person to whom you provide access.

2.6 You must promptly notify us at [SUPPORT EMAIL] if you believe your account, credentials, or gallery access links have been compromised or used without authorization.

3. The Service and order.pics's Role

3.1 The Service is a software platform that enables photographers to create branded storefronts, share galleries, accept orders, communicate with buyers, and deliver photography-related content and services.

3.2 order.pics provides software and administrative tools only. As between order.pics, photographers, and buyers, order.pics is not intended to be the seller, retailer, merchant of record, payment processor, escrow agent, employer, principal, or party to the underlying photographer-buyer transaction. Photographers remain responsible for their own storefront transactions, subject to any non-waivable obligations that applicable law may impose on order.pics, a payment provider, or another party for specific tax, payment, or regulatory purposes.

3.3 Photographers are independent businesses. Each photographer controls that photographer's own storefront, offerings, prices, order requirements, policies, licenses, delivery commitments, and business practices.

3.4 Any contract for photography services, digital downloads, prints, event coverage, or related deliverables is made directly between the buyer and the applicable photographer. order.pics is not a party to that contract and is not responsible for the acts, omissions, products, services, content, representations, warranties, refunds, taxes, or legal compliance of any photographer or buyer.

3.5 We may provide tools, templates, communications, moderation, and operational support, but those actions do not create any agency, partnership, employment, or other special relationship between order.pics and any user.

4. Storefronts, Galleries, Orders, and Buyer Relationships

4.1 Photographers may create storefronts, galleries, packages, pricing rules, access controls, delivery settings, and order-specific terms and policies, including terms addressing refunds, cancellations, rescheduling, timing, image use rights, download limits, shipping, taxes, and gallery expiration ("Storefront Terms").

4.2 When a buyer places an order, books a service, downloads purchased content, or otherwise completes a transaction through the Service, that buyer enters into a transaction directly with the photographer and agrees to the applicable Storefront Terms presented at or before checkout, download, or booking.

4.3 If a photographer does not provide a separate written image-use license at or before purchase or delivery, then, subject to full payment and compliance with these Terms and the applicable Storefront Terms, the buyer receives a limited, non-exclusive, non-transferable license to use purchased digital images for the buyer's own personal, non-commercial use. That default license continues unless and until terminated because the buyer materially breaches the license terms, the applicable Storefront Terms, or applicable law, or because the photographer is required by law or court order to withdraw or disable the content. That default license does not permit resale, sublicensing, stock use, AI training, mass distribution, commercial exploitation, removal of copyright notices or watermarks, or use in a defamatory, unlawful, or misleading manner.

4.4 Unless a photographer expressly promises otherwise in writing, online galleries, delivery links, and download access are not guaranteed to remain available indefinitely. Buyers should promptly download and safely back up purchased content.

4.5 The Service may permit photographers to enable unpaid orders, deposits, installment plans, or third-party financing or "buy now, pay later" options. Any such arrangement is solely between the buyer and the photographer and/or the applicable third-party provider, not order.pics.

5. Payments, Billing, and Taxes

5.1 Payment processing services made available through the Service are provided by independent third-party payment providers, such as Stripe, and are governed by those providers' terms and privacy notices.

5.2 By submitting payment information through the Service, a buyer authorizes the applicable photographer and payment provider to charge the selected payment method for the amounts shown at checkout and any taxes, shipping, or other charges disclosed by the photographer.

5.3 order.pics does not receive, hold, control, settle, disburse, or safeguard buyer funds, does not store full payment card numbers, and is not responsible for payment failures, processor reserves, holds, reversals, fraud screening decisions, errors, delays, disputes, chargebacks, or payment-provider policies.

5.4 Photographers are solely responsible for determining, collecting, reporting, and remitting all taxes, duties, fees, and assessments arising from their business, storefronts, and transactions, except to the extent a payment provider or another party is expressly required by applicable law to do so.

5.5 If we charge photographers subscription fees or other fees for use of the Service, the applicable pricing page, order form, checkout flow, or feature screen will describe the material billing terms, including the billing cadence, whether the plan renews automatically, how to cancel, when cancellation takes effect, and any trial or promotional terms. Unless otherwise stated, fees are stated in U.S. dollars, are due in advance for the applicable billing period, and are non-refundable except as required by law or expressly stated otherwise by us in writing. We may suspend, downgrade, or terminate access for nonpayment.

6. Refunds, Cancellations, and User Disputes

6.1 Refunds, cancellations, rescheduling, no-show policies, delivery disputes, quality complaints, and service disputes are solely the responsibility of the applicable photographer and are governed by that photographer's Storefront Terms and applicable law.

6.2 order.pics does not guarantee refunds, mediate disputes, or adjudicate whether a photographer or buyer has satisfied contractual obligations, although we may choose to review complaints, remove content, suspend accounts, forward communications, or cooperate with payment providers and law enforcement.

6.3 Buyers are responsible for reviewing the applicable photographer's Storefront Terms before placing an order or booking.

7. User Content; Ownership; License to order.pics

7.1 "User Content" means photos, videos, text, captions, logos, designs, profile information, messages, order information, metadata, and other content that users upload, submit, publish, transmit, or make available through the Service.

7.2 As between you and order.pics, you retain whatever ownership rights you have in your User Content.

7.3 You grant order.pics a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, copy, reproduce, cache, back up, process, adapt, format, transmit, display, perform, distribute, and otherwise use your User Content solely as necessary to provide, secure, maintain, support, improve, and enforce the Service; fulfill orders and deliveries; generate thumbnails and derivative technical formats; prevent fraud and abuse; comply with law; and exercise our rights under these Terms.

7.4 You represent and warrant that you own or control all rights necessary to submit your User Content and to grant the license in Section 7.3, and that your User Content and your use of the Service do not and will not infringe, misappropriate, or violate any copyright, trademark, privacy, publicity, moral, contractual, confidentiality, data protection, or other rights of any person.

7.5 Except as expressly disclosed in a separate notice or agreement and authorized as required by law, order.pics will not use photographers' uploaded photos to train general-purpose artificial-intelligence models.

7.6 We have no obligation to monitor, pre-screen, preserve, or host any User Content. We may remove, disable access to, or refuse to display any User Content at any time, with or without notice, if we believe it may violate these Terms, applicable law, or the rights, safety, or privacy of any person, or if we otherwise determine removal is advisable to protect the Service or our users.

8. Copyright and Other Rights Complaints

8.1 If you believe content on the Service infringes your copyright or other intellectual-property, privacy, or publicity rights, you may send a complaint to [NOTICE EMAIL] with a copy to [SUPPORT EMAIL]. Please include enough detail for us to identify the claimant, the rights asserted, the material at issue, and the basis for the complaint.

8.2 We may request additional information, remove or disable access to the material, notify the affected user, preserve evidence, or take any other action we consider appropriate.

8.3 Repeated rights violations may result in suspension or termination of the relevant account, gallery, storefront, or content.

9. Minors, Sensitive Content, and Releases

9.1 The Service may host photographs or information relating to minors because many photographers serve schools, families, sports, or youth events. However, users may not upload, sell, distribute, or otherwise use images of minors or other sensitive content through the Service unless they have obtained all consents, releases, permissions, notices, and other rights required by applicable law.

9.2 order.pics does not independently verify parental consent, model releases, venue permissions, school or institution permissions, or other authorizations for content uploaded by users.

9.3 If we receive a complaint or otherwise believe that content involving a minor or other sensitive content may be unlawful, unauthorized, invasive of privacy, exploitative, unsafe, or otherwise inappropriate, we may immediately remove or disable the content, suspend access, demand supporting documentation, notify affected persons or authorities, preserve evidence, and take any other action we consider appropriate.

9.4 Any sexually explicit content involving minors, exploitative imagery, or unlawful abuse content is strictly prohibited and may be reported to law enforcement or other appropriate agencies.

10. Prohibited Conduct

You may not, and may not permit any other person to:

• use the Service in violation of any law, regulation, court order, or third-party right;
• upload or distribute content that is infringing, defamatory, fraudulent, harassing, threatening, hateful, exploitative, invasive of privacy, or otherwise unlawful;
• upload or use content without required permissions, releases, or consents;
• scrape, crawl, index, mirror, data-mine, or access the Service through automated means except as expressly authorized by us in writing;
• bypass or interfere with security controls, rate limits, authentication, or access restrictions;
• transmit malware, viruses, destructive code, or any material that could disable, overburden, or impair the Service;
• interfere with other users' access to the Service or with any order, gallery, or storefront flow;
• impersonate any person or entity or misrepresent your identity, affiliation, authority, qualifications, or services;
• use buyer or photographer information for spam, unrelated marketing, profiling, resale, or any purpose not authorized by these Terms or applicable law;
• reverse engineer, decompile, or attempt to extract source code from the Service except where prohibited by law;
• remove, obscure, or alter proprietary notices, watermarks, or metadata;
• access or use the Service to build a competing product or benchmark the Service for external commercial publication without our prior written consent; or
• encourage or assist any third party to do any of the foregoing.

11. Third-Party Services and Links

11.1 The Service may integrate with or rely on third-party providers, including payment processors, hosting providers, email providers, labs, or communication tools. Your use of those third-party services may be subject to separate terms and privacy notices.

11.2 order.pics does not control and is not responsible for third-party services, websites, policies, availability, or performance, and your dealings with third parties are solely between you and the applicable third party.

12. Beta Features, Modifications, and Availability

12.1 We may modify, suspend, discontinue, or release new or beta features for the Service at any time, with or without notice.

12.2 Beta or test features are provided "as is," may be incomplete, may never be made generally available, and may be subject to additional restrictions.

12.3 We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at all times, or that content will never be lost, corrupted, or inaccessible.

13. Feedback

If you provide ideas, suggestions, comments, or feedback relating to the Service ("Feedback"), you grant order.pics a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable right to use, modify, publish, translate, create derivative works from, distribute, and otherwise exploit that Feedback for any lawful purpose, without compensation or obligation to you.

14. Suspension, Termination, and Effect of Termination

14.1 We may suspend or terminate your account, storefront, galleries, access, or use of the Service, remove or disable content, or take any other remedial action immediately and without liability if:

• you breach these Terms or any applicable additional terms;
• we believe your conduct creates legal, security, financial, safety, privacy, or reputational risk for the Service, our users, or any third party;
• we receive complaints, legal demands, or rights claims concerning your account or content;
• we are required to do so by law or a payment provider; or
• you fail to pay applicable fees.

14.2 You may stop using the Service at any time. If you are a photographer, cancellation of a paid subscription takes effect as described in the applicable pricing page, order form, checkout flow, or account settings.

14.3 Upon suspension or termination, your rights to access and use the affected portions of the Service will cease. Sections that by their nature should survive will survive, including sections relating to ownership, licenses, fees owed, disclaimers, limitations of liability, indemnification, dispute resolution, and any accrued rights or obligations.

15. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED CONTENT, FUNCTIONALITY, COMMUNICATIONS, AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, ORDER.PICS DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.

ORDER.PICS DOES NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY GALLERY, STOREFRONT, ORDER FLOW, EMAIL, OR DELIVERY WILL ALWAYS FUNCTION OR REACH ITS DESTINATION;
• CONTENT WILL NOT BE LOST, CORRUPTED, OR INACCESSIBLE;
• THE SERVICE WILL PREVENT FRAUD, COPYRIGHT CLAIMS, PRIVACY CLAIMS, OR DISPUTES;
• PHOTOGRAPHERS OR BUYERS WILL PERFORM AS PROMISED; OR
• ANY DEFECTS WILL BE CORRECTED.

NO INFORMATION OR ADVICE GIVEN BY ORDER.PICS OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. LIMITATION OF LIABILITY

16.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORDER.PICS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CONTENT, OR OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

16.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ORDER.PICS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• ONE HUNDRED U.S. DOLLARS (US $100); OR
• THE AMOUNT YOU PAID DIRECTLY TO ORDER.PICS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.3 The limitations in this Section apply regardless of the form of action and even if any limited remedy fails of its essential purpose. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

17. Indemnification

You will defend, indemnify, and hold harmless order.pics and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any and all claims, demands, actions, proceedings, investigations, damages, judgments, settlements, penalties, fines, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• your User Content;
• your storefront, services, products, transactions, refunds, chargebacks, or disputes;
• your breach of these Terms or any additional terms;
• your violation of applicable law or any third-party right, including intellectual-property, privacy, publicity, consumer-protection, employment, or tax obligations;
• your misuse of the Service or personal information;
• any allegation that content or conduct associated with your account infringes or misappropriates any right of another person; or
• any issue involving minors, releases, permissions, venue rules, or consent obligations relating to your use of the Service.

We may assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of those claims. You may not settle any covered matter without our prior written consent unless the settlement fully releases the indemnified parties and imposes no admission, obligation, or restriction on them.

18. Dispute Resolution; Venue; Jury Waiver

18.1 Informal Resolution First. Before either party files a claim against the other, that party must send a written notice describing the dispute, the facts giving rise to it, and the requested relief (a "Notice of Dispute"). Notices to order.pics must be sent to [NOTICE ADDRESS] with a copy to [NOTICE EMAIL]. The parties agree to attempt good-faith informal resolution for at least thirty (30) days after the Notice of Dispute is received.

18.2 Court Venue. Except for matters that may be brought in small claims court and requests for temporary, preliminary, or permanent injunctive or equitable relief regarding intellectual property, confidentiality, misuse of personal information, or unauthorized access to the Service, any dispute, claim, or controversy arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in [VENUE COUNTY], [GOVERNING LAW STATE], and each party irrevocably consents to personal jurisdiction and venue in those courts, in each case to the extent permitted by applicable law.

18.3 Jury Trial Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

18.4 Limitations Period. To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise, it is permanently barred.

19. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service will be governed by the laws of the State of [GOVERNING LAW STATE], without regard to its conflict-of-laws principles, except to the extent another law must apply under non-waivable law.

20. Changes to These Terms

20.1 We may update these Terms from time to time. When we do, we will revise the "Last Updated" date and, if the changes are material, use reasonable efforts to provide additional notice, such as by email, account notice, or a click-through prompt. Where reasonably practicable, we may also require renewed acceptance for material changes before continued use of affected features.

20.2 Unless we specify a later effective date, updated Terms become effective when posted. If you continue to use the Service after updated Terms become effective, you agree to the updated Terms. If you do not agree, you must stop using the Service.

21. Electronic Communications

You agree to receive communications from us electronically, including by email, in-app message, website notice, or other electronic means, and you agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that those communications be in writing.

22. Miscellaneous

22.1 Entire Agreement. These Terms, together with any incorporated policies, additional terms, and applicable order forms, constitute the entire agreement between you and order.pics regarding the Service and supersede all prior or contemporaneous understandings relating to the Service.

22.2 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

22.3 No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

22.4 Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

22.5 Force Majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, natural disasters, telecommunications failures, labor disputes, internet outages, cyberattacks, civil unrest, war, terrorism, governmental actions, epidemics, pandemics, or failures of suppliers or service providers.

22.6 Interpretation. Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

22.7 No Third-Party Beneficiaries. Except as expressly stated in these Terms, these Terms do not create any third-party beneficiary rights.

23. Contact Information

Questions about these Terms should be sent to:

[LEGAL ENTITY NAME]
[NOTICE ADDRESS]
[SUPPORT EMAIL]
[NOTICE EMAIL]