Terms of Service

1. Acceptance of Terms

By creating an account, using our Service, or accessing any of our content, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our Service.

2. Description of Service

PhotoPort is a Software-as-a-Service (SaaS) platform that enables photographers to create, host, and manage online portfolio websites and photo galleries. Our service includes:

• Website creation and hosting tools
• Photo gallery management and display
• Password-protected galleries
• Custom domain integration
• Analytics and performance tracking

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for safeguarding the password and all activities that occur under your account.

3.2 Account Responsibilities

You agree to:

• Provide truthful and accurate information during registration
• Maintain and update your account information
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use
• Not share your account credentials with others

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Acceptable Use

4.1 Permitted Use

Our Service is intended for professional photographers and related creative professionals to showcase their work and manage client relationships.

4.2 Prohibited Content

You may not use our Service to upload, display, or distribute content that:

• Violates any applicable laws or regulations
• Infringes on intellectual property rights
• Contains explicit, offensive, or harmful content
• Includes hate speech, discrimination, or harassment
• Contains malware, viruses, or malicious code
• Promotes illegal activities or services
• Violates privacy rights of individuals

4.3 Prohibited Activities

You may not:

• Attempt to gain unauthorized access to our systems
• Use automated tools to access our Service excessively
• Interfere with or disrupt our Service or servers
• Reverse engineer or attempt to extract our source code
• Use our Service for spam or unsolicited communications

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of all content you upload to our Service. By uploading content, you grant us a limited, worldwide, non-exclusive license to host, display, and distribute your content solely for the purpose of providing our Service to you.

5.2 Our Intellectual Property

The Service, including its software, design, and functionality, is owned by PhotoPort and protected by intellectual property laws. You may not copy, modify, or distribute our proprietary technology without our express written permission.

5.3 Content Removal

We reserve the right to remove any content that violates these Terms or applicable laws, without prior notice.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

By using our Service, you consent to the collection and use of information as described in our Privacy Policy.

7. Payment Terms

7.1 Subscription Fees

PhotoPort operates on a subscription basis. Fees are charged in advance on a recurring basis (monthly or annually) as selected during signup.

7.2 Payment Method

You must provide valid payment information. You authorize us to charge all fees to your provided payment method.

7.3 Refunds

Refunds are handled on a case-by-case basis. Please refer to our refund policy or contact support for assistance.

7.4 Price Changes

We reserve the right to modify our pricing with 30 days' notice. Changes will not affect existing subscriptions until the next billing cycle.

8. Service Availability and Performance

8.1 Uptime Commitment

We strive to maintain high service availability but do not guarantee uninterrupted service. We may experience downtime for maintenance, updates, or technical issues beyond our control.

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our Service at any time, with or without notice.

9. Backup and Data Loss

9.1 Backup Responsibility

While we implement backup systems, you are ultimately responsible for maintaining copies of your important photos and data. We recommend regularly backing up your content.

9.2 Data Loss

PhotoPort is not liable for any loss, corruption, or deletion of your content, except as required by applicable law.

10. Third-Party Services

Our Service may integrate with third-party services such as payment processors, domain registrars, and analytics providers. Your use of these services is subject to their respective terms and privacy policies.

11. Limitation of Liability

11.1 Service Disclaimers

Our Service is provided "as is" without warranties of any kind. We disclaim all warranties, whether express or implied, including merchantability and fitness for a particular purpose.

11.2 Limitation of Damages

To the maximum extent permitted by law, PhotoPort shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Service.

11.3 Maximum Liability

Our total liability to you for any claim related to our Service shall not exceed the amount you paid for our Service in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold PhotoPort harmless from any claims, damages, or expenses arising from your use of our Service, your content, or your violation of these Terms.

13. Termination

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting our support team.

13.2 Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Violation of applicable laws
• Fraudulent or harmful activities
• Non-payment of fees

13.3 Effect of Termination

Upon termination, your access to the Service will cease, and we may delete your account and content after a reasonable period.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from these Terms or your use of our Service shall be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PhotoPort regarding your use of our Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce such provision in the future.

15.4 Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website and updating the "Last Updated" date.

15.5 Contact Information

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

• Email: [email protected]
• Website: https://www.tryphotoport.com