These Terms of Service ("Terms") constitute a binding agreement between you and Devinsidecode Corp. ("PictureProof", "we", "us", or "our") and govern your access to and use of our websites, applications, galleries, APIs, and any related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy.
1. Definitions
- Account: A unique profile you create to access the Service.
- Client: A person who views or purchases images/albums delivered by a Photographer via the Service.
- Content: Any data, images, text, audio, video, files, or materials uploaded, posted, stored, transmitted, or otherwise made available through the Service.
- Photographer: A user who uploads or delivers images/albums to Clients via the Service.
- Purchases: Any transaction for digital downloads, prints, subscriptions, or other paid offerings facilitated by the Service.
- Service: The hosted platform, tools, websites, mobile apps, APIs, and related features provided by PictureProof.
2. Eligibility; Business Use
You must be at least 18 years old (or the age of majority in your jurisdiction) or have the consent of a parent/guardian to use the Service.
If you use the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms, and “you” includes that entity and its affiliates.
3. Account Registration & Security
- You agree to provide accurate, complete information and keep it updated.
- You are responsible for maintaining the confidentiality of your credentials and for all activities under your Account.
- Notify us immediately at admin@devinsidecode.com of any unauthorized use or security incident.
- We may require verification (e.g., email, MFA) and may refuse, reclaim, or reassign usernames that are misleading or infringe rights.
4. Services; Changes; Beta
- We may modify, suspend, or discontinue any feature at any time with or without notice. Where feasible, we will provide advance notice for material changes.
- We may offer beta or pre‑release features. Beta features are provided “as is,” may be withdrawn, and may not meet production standards.
- We may impose limits (e.g., storage, bandwidth, API calls) to maintain Service stability.
5. Subscriptions, Fees, Trials & Taxes
- Paid plans, add‑ons, and usage fees are stated at checkout or within your dashboard. You authorize us to charge your payment method on a recurring basis until you cancel.
- Trials or promotional periods may convert to paid plans unless canceled before the trial ends.
- Fees are exclusive of taxes. Where required, we will collect taxes; otherwise you are responsible for any applicable taxes, duties, or similar assessments.
- We may change prices with prior notice; changes apply to the next billing cycle unless otherwise stated.
6. Billing; Refunds; Chargebacks
- Invoices and receipts will be sent to the email on file. Billing inquiries: admin@devinsidecode.com.
- Except where required by law or expressly stated by us, all fees are non‑refundable.
- Chargebacks: you agree to contact us first to resolve billing issues. Unwarranted chargebacks may lead to suspension and you will remain liable for fees.
- Failure to pay may result in suspension or termination, and we may charge late fees or interest as permitted by law.
7. User Content & License to PictureProof
- You retain ownership of your Content. You grant PictureProof a worldwide, non‑exclusive, royalty‑free license to host, cache, store, reproduce, transmit, display, and process the Content solely as necessary to provide, maintain, protect, and improve the Service, to prevent or address service, security, or technical issues, and as otherwise permitted by you.
- You represent and warrant that you (a) own or have the necessary rights to the Content; (b) have obtained all necessary consents and permissions (including model releases where required); and (c) the Content and your use of the Service do not infringe, misappropriate, or violate any law or third‑party rights.
- We may remove or disable Content alleged to be unlawful or infringing, or that violates these Terms or our policies.
- We do not claim ownership of Client content uploaded by Clients. Photographers are solely responsible for their engagements and agreements with Clients.
8. Acceptable Use Policy
You will not, and will not allow others to:
- Upload, post, or transmit Content that is illegal; exploits or harms children; is obscene, hateful, harassing, or defamatory; incites violence; or violates privacy or publicity rights.
- Infringe, misappropriate, or violate intellectual property or other rights of any person.
- Upload malware, attempt to probe, scan, or test system vulnerabilities, or breach security or authentication measures.
- Interfere with or disrupt the Service, impose unreasonable load, or bypass rate limits or technical restrictions.
- Send spam or unsolicited communications; engage in scraping, automated data extraction, or bulk harvesting outside permitted APIs.
- Use the Service to process personal data subject to special legal protections (e.g., health, biometric, highly sensitive personal data) without our prior written consent.
- Use the Service in violation of export control, sanctions, or anti‑money laundering laws.
9. Intellectual Property; Feedback
- The Service, including software, design, and all related intellectual property, is owned by Devinsidecode Corp. and its licensors and is protected by law. No rights are granted except as expressly stated.
- If you provide ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use them without restriction or compensation.
10. Copyright (DMCA)
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. §512). To submit a notice, email admin@devinsidecode.com with:
- Your physical or electronic signature; identification of the copyrighted work; identification of the material to be removed with sufficient detail; your contact information; a statement of good faith belief; and a statement under penalty of perjury that the information is accurate and you are authorized to act.
- We may notify the user who posted the material and may forward your notice. We may also accept counter‑notifications as permitted by law.
11. Privacy; Data Processing; Security
- Your use of the Service is subject to our Privacy Policy. For EU/UK personal data processed on your behalf, a Data Processing Addendum ("DPA") may apply upon request and mutual execution.
- You are the controller of personal data in your Content; we act as a processor/service provider limited to providing the Service.
- You are responsible for providing legally adequate privacy notices to data subjects and for obtaining necessary consents.
- We implement reasonable administrative, technical, and physical security measures; however, no system is 100% secure.
12. Third‑Party Services & Links
- The Service may integrate with third‑party services (e.g., payment processors, print labs, storage/CDN). Your use of those services is subject to their terms and privacy policies.
- We are not responsible for third‑party services and disclaim all liability arising from their acts or omissions.
13. Availability; Support; Backups
- We strive for high availability but do not guarantee uninterrupted Service. Maintenance windows and outages may occur.
- Support is provided on a commercially reasonable basis. Specific SLAs may require an enterprise agreement.
- You are responsible for maintaining your own backups of critical Content. We may maintain backups for disaster recovery but do not guarantee data retention beyond our policies.
14. API Terms; Rate Limits
- API credentials are confidential. Do not share keys or attempt to circumvent quotas.
- We may set or modify rate limits. Excessive or abusive calls may result in throttling or suspension.
- Where permitted, you must attribute the Service as specified in our developer documentation.
15. Photography‑Specific Terms
- Model/Property Releases. Photographers are solely responsible for obtaining all necessary releases, consents, and permissions for subjects and properties depicted in their images. We do not provide legal advice or obtain releases on your behalf.
- Minors. If Content depicts minors, you must comply with all applicable laws and obtain verifiable parental consent. Child sexual abuse material (CSAM) is strictly prohibited and will be reported to authorities.
- Client Galleries & E‑commerce. You are responsible for pricing, taxes, and fulfillment rules for your storefronts. PictureProof may provide integrations with print labs or payment providers but is not a party to your sale to Clients unless explicitly stated.
- Disputes with Clients. Disputes between Photographers and Clients (e.g., quality, delivery times, refunds) are your responsibility.
- Storage Limits. We may limit storage/bandwidth per plan. Exceeding limits may incur overage fees.
16. Suspension & Termination
- We may suspend or terminate access immediately for violations of these Terms, legal requirements, non‑payment, or risks to security or others.
- You may cancel at any time through your dashboard. Upon termination, your right to use the Service ceases, and we may delete Content after a reasonable period per our retention policies.
- Some provisions survive termination, including Sections 7–11 and 15–23.
17. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR‑FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL Devinsidecode Corp. OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY; THESE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
19. Indemnification
You will indemnify, defend, and hold harmless Devinsidecode Corp. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Content; (b) your use of the Service; (c) your violation of these Terms or applicable law; or (d) your dealings with Clients.
20. Export Controls & Sanctions
You represent and warrant that you are not located in, under control of, or a national or resident of any country or region subject to comprehensive U.S. embargoes or sanctions, and that you are not on any U.S. government restricted party list. You will not use the Service in violation of export, re‑export, or sanctions laws.
21. Governing Law; Dispute Resolution
- These Terms are governed by the laws of the State of New York, without regard to its conflicts of laws rules.
- Venue. The exclusive jurisdiction and venue for disputes that are not subject to arbitration will be the state and federal courts located in New York County, New York.
- Arbitration & Class Action Waiver (Optional). If you opt in by continuing to use the Service after notice of this clause, any dispute arising out of or relating to these Terms or the Service will be settled by binding arbitration administered by JAMS in New York, before a single arbitrator. You and we waive any right to a jury trial and to participate in a class action. This clause does not apply where prohibited by law.
22. Miscellaneous
- Changes to Terms. We may update these Terms from time to time. Material changes will be notified via the Service or email. Continued use after changes become effective constitutes acceptance.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
- Force Majeure. Neither party is liable for delays or failures due to events beyond reasonable control (e.g., natural disasters, war, labor disputes, internet failures, third‑party platform outages).
- Notices. We may send notices to the email associated with your Account or through the Service. Legal notices to us must be sent to Devinsidecode Corp. at 6742 5th Ave, Brooklyn, NY 11220, USA and admin@devinsidecode.com.
- Entire Agreement. These Terms, together with any order forms or policies referenced herein, constitute the entire agreement and supersede prior understandings.
- Severability. If any provision is held invalid, the remaining provisions remain in full force and effect.
- No Waiver. Failure to enforce a provision is not a waiver of that provision.
- Headings. Headings are for convenience and do not affect interpretation.
- Survival. Provisions that by their nature should survive termination do so.