Shootandflow Terms of Service

Pre-launch version. Shootandflow is in early access. This document takes effect on the effective date shown below.

Operator: [LEGAL ENTITY NAME], an Oregon limited liability company, using the Shootandflow brand. Contact: support@shootandflow.co. Effective date: [ADOPTION DATE].

Important: These Terms include individual arbitration, a class-action waiver, and a 30-day opt-out in section 15. Nonwaivable rights remain. This is the proposed launch contract, not a statement that all described features are live. Only features and limits shown in your accepted plan are provided.

1. Who agrees; two sides of the platform

These Terms govern Shootandflow websites, booking tools, galleries, studio management, digital products, and ordering features. A Photographer is a subscribing photographer or studio. A Client is a person viewing a gallery, booking a session, signing a contract, or placing an order. You means the relevant user; if you act for an organization, you represent that you can bind it. A paid Photographer account requires an adult with authority to contract. Clients entering purchases or contracts must be adults or act through a legally authorized adult. A person merely pictured is not thereby a user or a party.

We present these Terms and the Privacy Policy before account or transactional acceptance, and obtain an affirmative action where required. Viewing a page alone is not treated as assent to surprise payment obligations. Your Photographer may have separate service, sale, cancellation, privacy, and image-license terms; they govern that relationship, not our subscription agreement. We do not promise features merely because they appear on a roadmap.

2. What we provide; what Photographers provide

Shootandflow supplies software and administrative tools, not photography. Photographers independently set availability, prices, deposits, coupons, waitlists, image licenses, gallery access, refund policies, delivery commitments, and staff permissions. We are not a party to Photographer–Client contracts, do not employ or certify photographers, and do not guarantee their work, attendance, licensing, insurance, or delivery. We may facilitate communications or a remedy but do not become responsible for their obligations by doing so. This does not disclaim duties that apply directly to us.

Photographers must clearly identify their own business and contact details, disclose charges and policies before purchase, honor valid bookings and consumer rights, obtain required model/property releases and parental permissions, and comply with tax, accessibility, marketing, intellectual-property, privacy, and professional laws. A default setting is not a compliance determination. Studios are responsible for authorized staff and for using separate permissions rather than shared passwords.

3. Booking, deposits, coupons, and waitlists

Displayed availability may change; a temporary hold or waitlist position is not a confirmed appointment. Confirmation requires the steps displayed at checkout, which may include payment and a signed Photographer contract. Deposits are credited or forfeited only under clearly disclosed lawful Photographer terms; calling a charge a “retainer” does not make it automatically nonrefundable. Coupon eligibility, expiration, stacking, and refund allocation must be disclosed. We do not guarantee that notifications reach recipients. Check the confirmed appointment's date, time zone, place, and rescheduling/cancellation rules. Schedule disputes belong with the Photographer, except where our own error or law makes us responsible.

4. Contracts, e-signing, and documents

Templates, examples, and automated drafting are general tools, not legal advice or a guarantee that any clause is valid. Shootandflow is not a law firm and does not create an attorney-client relationship. Photographers must decide whether their documents fit their services and applicable law. Signers must have authority, consent to electronic records and signatures where required, and have a way to retain the completed document. We do not guarantee that a person using a link is the named signer. We supply the audit information the feature actually records, not notarization, identity certification, or indefinite evidence storage. A Client should contact the Photographer for a paper alternative where required.

5. Galleries, websites, presets, and content ownership

You retain the rights you hold in your photos, logos, text, designs, presets, and records. Uploading does not transfer copyright to us. You give us a worldwide, nonexclusive, royalty-free license to host, cache, resize, convert, transmit, display to the audience you select, and otherwise process your material only to provide, secure, troubleshoot, and support the Service, including necessary fulfillment by selected providers. We may sublicense only for those purposes. The license ends upon deletion except for limited backups, pending instructions/orders, or lawful preservation disclosed in the Privacy Policy. No separate marketing use or AI-model training is authorized by this license. Optional promotional use requires separate permission.

You must have rights for the audience and uses you select, including printing. A Client receives only the image or preset license the Photographer or seller expressly grants; a download does not transfer copyright. Our software, builder controls, templates, lessons, and brand remain ours or our licensors'. We give users a limited nontransferable right to use them within their plan; separately licensed assets remain subject to their own disclosed license. You may use an offered preset on images you are entitled to edit, but may not redistribute the preset file unless its license allows it. We do not promise that a preset works in all software or that printed colors exactly match a screen.

A free-layout builder permits substantial creative control within supported technical and security boundaries, not unrestricted executable code or universal browser behavior. You are responsible for your pages' published content, rights, and accessibility; we remain responsible for duties the law imposes on our own tools. Passwords, PINs, watermarks, and unlisted links reduce exposure but cannot prevent screenshots, forwarding, or copying. Keep originals and independent backups. Report copyright issues under the separate DMCA Policy.

6. Third-party print labs and fulfillment

Where enabled, we route orders to a named third-party lab, such as White House Custom Colour (WHCC). No lab connection or live production is promised until that integration is enabled. The seller and fulfiller, price, shipping, taxes, expected timing, and return policy must be identified before the order is placed. Unless checkout expressly says otherwise, the Photographer is the seller and the lab manufactures/ships at the Photographer's direction; [LEGAL ENTITY NAME] provides routing software. If the actual arrangement makes the LLC the seller, that transaction requires a separate express sale disclosure and cannot rely on this software-only description.

The submitting party must check resolution, crop, color profile, product, quantity, shipping address, and proof before production. Custom production may be irreversible once accepted by the lab. Delivery dates are estimates, not guarantees. A Photographer may restrict change-of-mind returns on custom goods only as disclosed and lawful; defects, wrong items, damage, failure to deliver, statutory remedies, and any explicit guarantee remain covered. Clients should report an issue promptly to the named seller; a requested 30-day reporting window does not cut off longer mandatory rights. We will reasonably assist with records and routing. We are not WHCC and cannot promise a lab's stock, color, performance, refund, or delivery, but this does not excuse our own contractual or legal obligations.

7. Stripe Connect and money movement

Photographer payment acceptance may use Stripe Connect and requires the relevant Stripe Connected Account Agreement (https://stripe.com/connect-account/legal) and Stripe service terms (https://stripe.com/legal/ssa). The Photographer authorizes the limited payment and account actions disclosed during Connect onboarding, including obtaining transaction status and applying agreed platform fees. Stripe conducts its own identity, business, fraud, and payout checks. We cannot override its eligibility decisions or guarantee payout timing. We are not a bank, escrow service, or payment insurer.

Photographers are responsible for the accuracy and legality of charges, refund decisions, customer communications, and their own taxes. Processing fees, platform fees, lab charges, payout allocation, refund treatment, dispute fees, and responsibility for negative balances must be shown in the plan and onboarding; these Terms do not authorize arbitrary reserves, bank debits, or unannounced fees. Any permitted offset must be supported by the accepted payment arrangement and law. A good-faith chargeback or statutory dispute is not automatically a contract violation. We may pause affected transactions for documented fraud or risk, but cannot remove cardholder or consumer rights. Refund recovery and loss allocation must match the actual Connect charge model, not just contractual labels.

8. Subscriptions, automatic renewal, and cancellation

Paid plans bill at the price, frequency, included usage, and applicable taxes shown before purchase. A recurring subscription renews for the same billing period and charges the authorized payment method until canceled. We obtain affirmative consent to recurring charges separately where required and send a retainable confirmation. A trial converts only if the signup clearly states its conversion date, price, and cancellation method and you authorize that conversion. Required reminders and renewal notices will be sent.

Cancel online through billing settings or email support@shootandflow.co before renewal. The cancellation process will not be harder than the signup process, and a support delay will not defeat a timely emailed cancellation. Cancellation stops future renewals and normally leaves access through the paid term; account deletion is a separate choice. No cancellation advance cutoff of several business days is imposed. Upgrades, usage charges, and prorations require advance disclosure. We give at least 30 days' notice of a price increase, apply it no earlier than the next permitted renewal, and obtain renewed consent where law requires.

Subscription fees already earned are normally nonrefundable; unused partial periods are not automatically refunded unless the plan expressly says so, we discontinue or terminate without cause, or law requires it. Errors, duplicate charges, and unauthorized payments may be challenged; nothing shortens statutory or card-network rights. Photographer–Client fees are separate from our subscriptions. No price in these Terms locks a future plan or authorizes billing before checkout.

9. Privacy, security, export, and deletion

Our Privacy Policy describes our own account and business processing. For Client records processed on a Photographer's instructions, the Photographer is generally the controller/business and we are the processor/service provider under the DPA. Each party still has its independent duties. Photographers must publish their own appropriate privacy notice, select lawful retention and sharing settings, and respond to their Clients' rights requests; we assist as specified in the DPA. An instruction does not override law or our privacy promises.

Use individual credentials, protect booking/gallery links, restrict studio roles, and tell us promptly of suspected compromise. We do not request passwords by support email. Keep an independent copy of important records. On ordinary termination, request export within 30 days; we will provide available Client records and original uploaded files in a reasonably usable form, without promising transfer of our proprietary builder code, licensed assets, or every third-party export format. No export fee is charged for a legally required copy. Active deletion and backup aging follow the DPA and Privacy Policy. Safety/legal restrictions may limit access or require preserving a narrowly defined record; we explain exceptions where lawful.

10. Acceptable use and third-party tools

The Acceptable Use Policy prohibits illegal, exploitative, infringing, deceptive, abusive, or insecure activity, spam, unauthorized scraping, and bypassing access controls. It permits lawful portfolios subject to consent, restricted adult-content rules, provider rules, and safety controls; no exploitation or nonconsensual intimate material is allowed. We may inspect information only as needed for lawful support, operations, security, and enforcement, consistent with the Privacy Policy; we do not promise to pre-review all content. Third-party integrations have their own terms and must be authorized. Enabling one does not give us unlimited authority over another account.

11. Beta and automated features

Preview tools can change or be withdrawn and may fail. Do not use a beta as your only copy of irreplaceable work. Any AI drafting, tagging, editing, or recommendations must be reviewed by the user before a consequential action. Output may be incorrect, biased, nonunique, infringing, or unsuitable. No legal, financial, tax, artistic, or commercial outcome is guaranteed. Sensitive Client data will not be sent to an optional AI provider under this general clause alone; any such feature needs a matching disclosure, lawful basis, and updated provider list before activation. Feedback about the product may be used without compensation, but this does not give us rights to your private photos or Client records.

12. Warranties and limits of responsibility

TO THE EXTENT THE LAW ALLOWS, THE SERVICE, TEMPLATES, BETA FEATURES, AND AUTOMATED OUTPUT ARE OFFERED AS THEY EXIST AND WHEN AVAILABLE, WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR SECURE OPERATION. We do not promise particular earnings, business, family, or other results. A support response does not create a warranty. This does not override an express written commitment in an accepted order or a warranty the law does not let us disclaim.

We are not an insurer or permanent backup service. Keep independent copies of information you need. You are responsible for choosing whether a feature or output is appropriate; this does not transfer our own nonwaivable legal duties to you.

13. Limits on damages; protected parties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [LEGAL ENTITY NAME] and its affiliates and their respective members, managers, officers, directors, employees, contractors, agents, suppliers, and licensors (the Protected Parties) are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profit, revenue, opportunity, goodwill, or data, arising out of the Service or these Terms, even if warned of the possibility.

The combined total liability of all Protected Parties to you for all claims connected with this Service and these Terms, across all legal theories, is limited to the greater of US $100 or the fees you actually paid to [LEGAL ENTITY NAME] for this Service in the 12 months immediately before the first event giving rise to the claim. Amounts merely processed or passed through to a photographer, merchant, payment processor, print lab, taxing authority, or other third party are not fees paid to us for this cap. Related events count as one event; the cap is collective, not a separate allowance per person, defendant, or claim. These limits apply even if a limited remedy fails its essential purpose.

These exclusions and the cap do not apply to our fraud, willful misconduct, gross negligence, or any liability or remedy that applicable law does not permit us to exclude or limit, including nonwaivable consumer, privacy, death, or personal-injury protections. They do not excuse payment of a refund we expressly owe or money held for someone else. Statutory rights are preserved. The limits reflect the price and allocation of risk, not a promise that every limit is enforceable everywhere.

14. Third-party claims and indemnity

To the extent permitted by law, you will defend, indemnify, and hold the Protected Parties harmless against third-party claims and reasonable associated damages, costs, and professional fees caused by your unlawful conduct, material breach of these Terms, or content or instructions you supply that violate another person's rights. Business customers also cover claims caused by their products, services, staff, tax obligations, marketing, client contracts, and failure to obtain required consents. An individual consumer's obligation extends only to the extent the consumer caused the claim through wrongful conduct, not merely because they used the Service. You do not indemnify anyone for that person's negligence, misconduct, breach, or independent legal obligations.

The party seeking indemnity must give prompt notice (late notice excuses the obligation only to the extent of actual prejudice), reasonably cooperate at the indemnifying party's expense, and allow a competent defense subject to reasonable approval. No settlement may admit fault, require nonmonetary action by, or impose liability on a protected party without that party's written consent. We may participate at our own expense and assume control when necessary to address a conflict of interest, without shifting unrelated costs to you. Any applicable written DPA allocates data-processing duties to both parties; this indemnity does not remove our duties under it.

15. Disputes: individual arbitration; 30-day opt-out

THIS SECTION CHANGES HOW YOU AND WE RESOLVE DISPUTES. UNLESS YOU OPT OUT, BOTH SIDES AGREE TO INDIVIDUAL ARBITRATION INSTEAD OF A JURY TRIAL OR A CLASS ACTION, SUBJECT TO THE EXCEPTIONS BELOW. It applies only to disputes with [LEGAL ENTITY NAME] or a Protected Party about this brand's Service, not disputes solely between you and another user.

1. Try to resolve it first. Email support@shootandflow.co with the subject “Dispute notice,” your contact information, a description, and the remedy requested. We will send our notice to your provided contact address. Both sides will try in good faith for 30 days. Applicable claim deadlines are paused during this period to the extent allowed by law. Emergency relief and small-claims filings need not wait.
2. Arbitration agreement. Unresolved disputes arising from these Terms or the Service will be decided by one neutral arbitrator under the Federal Arbitration Act. The American Arbitration Association (AAA, https://www.adr.org/) will administer consumer matters under its Consumer Arbitration Rules and other matters under its Commercial Arbitration Rules, with applicable administrator minimum consumer protections controlling. Hearings may be remote, documents-only by agreement, or for consumers in their home county unless they agree otherwise. The arbitrator may award the same individual remedies a court could award and must issue a reasoned written decision. Courts, not the arbitrator, decide formation and enforceability of this arbitration agreement and class waiver.
3. Costs and accessibility. We pay the fees the administrator's consumer rules require the business to pay, and additional fees needed to avoid making arbitration prohibitively expensive for a consumer. Each side bears its own professional fees unless a statute, the rules, or a valid award provides otherwise. No consumer loses a statutory fee-shifting right. If AAA cannot administer, the parties may agree on another administrator; if they cannot, either may ask a competent court to appoint an arbitrator under the FAA. We will not use that process to avoid mandatory consumer protections. No mandatory batching or indefinite delay is imposed.
4. Exceptions. Either side may use an eligible individual small-claims court, including one where a consumer lives. Either side may seek temporary court relief to preserve rights pending arbitration. Claims that law makes nonarbitrable, including qualifying sexual-assault or sexual-harassment disputes at the claimant's election, remain in court. Government complaints and participation in investigations are unrestricted. A claim for public injunctive relief that cannot lawfully be waived remains available in court; any stay is only as allowed by law.
5. Individual proceedings. Neither side may require class, collective, consolidated, or representative arbitration. Claims are individual only unless both sides agree otherwise after the dispute arises. If that restriction is unenforceable for a particular claim, that claim proceeds in court, not class arbitration. No waiver applies to a nonwaivable statutory remedy. Jury waiver is limited to claims actually arbitrated; opting out does not separately waive a court jury.
6. Opt out within 30 days. Email support@shootandflow.co with subject “Arbitration opt-out” within 30 days after first accepting these Terms. Include your name, your account or contact email, and a clear statement opting out. No account, signature, postal delivery, or explanation is required beyond enough information to identify your acceptance. Keep your sent notice. We are equally bound by your opt-out, and the rest of these Terms is unchanged.
7. Later changes. A material change to this section is prospective, never applies to a dispute already notified, and gives you 30 days after notice to reject it by email. The earlier accepted dispute terms then continue, unless you previously opted out. A new brand or future product needs its own notice and assent; these Terms do not silently bind you to all LLC ventures.

16. Oregon law and courts

The FAA governs arbitration. Otherwise Oregon law governs without its conflicts rules, but mandatory protections of your home jurisdiction remain. For claims properly heard in court, the parties consent to Oregon state courts in Washington County, Oregon, or, if federal subject-matter jurisdiction exists, the U.S. District Court for the District of Oregon serving that county. This is not a claim that there is a federal courthouse in Washington County. Eligible small claims, nonwaivable local consumer venue, and statutory jurisdiction for copyright counter-notices are exceptions.

17. Force majeure

Neither party is responsible for a delay caused by an event outside its reasonable control, such as severe weather, disaster, war, government action, widespread network or utility failure, or an unavoidable supplier interruption. The affected party must reasonably mitigate and resume performance. This does not excuse amounts already owed, required refunds, reasonable security duties, or a failure caused by that party's own misconduct. If a paid service is materially unavailable for over 30 consecutive days, the customer may terminate the affected service and receive the unused prepaid portion, without limiting mandatory remedies.

18. Changes, suspension, and ending use

We may change features, enforce reasonable usage limits, or suspend access for material breach, nonpayment, security risk, or legal requirements. Where safe and practical, we give notice, an explanation, and an opportunity to correct a curable breach. Immediate action is allowed when necessary to protect people, data, or systems. You may appeal by emailing support@shootandflow.co. We may end a service for business reasons on reasonable notice. If we discontinue a paid service or terminate it without your breach before its prepaid term ends, we refund the unused portion. Other refunds follow the purchase terms and law.

We will give at least 30 days' notice of material changes to these Terms by a prominent service notice or email when available. Narrow changes needed urgently for law or security, or for optional new features, may take effect sooner with notice. Changes do not retroactively remove accrued rights. New charges require disclosed pricing and any required fresh consent. If you disagree, stop using the affected service and cancel before the effective date. Continued use after adequate notice counts as acceptance only to the extent permitted by law. We keep dated versions and acceptance records.

Termination ends your access license, not accrued payment duties or existing third-party contracts. Data return and deletion follow the Privacy Policy and any applicable DPA; a backup disclaimer never overrides them.

19. LLC relationship and general terms

Your provider is [LEGAL ENTITY NAME], doing business under the Shootandflow brand, not its individual owner. No member, manager, officer, employee, or contractor gives a personal guarantee or becomes a contracting party merely by operating or signing for the LLC. The Protected Parties are intended third-party beneficiaries only of the protections expressly extended to them. This does not immunize anyone for their own independently actionable conduct or override rules allowing personal liability, veil-piercing, or nonwaivable statutory duties.

The parties are independent; there is no partnership, employment, fiduciary relationship, or agency except any narrow payment authorization expressly agreed to. You may not assign these Terms without our reasonable written consent; a business customer may transfer them with its business on notice if the successor assumes the obligations and is not sanctioned or a material security risk. We may assign with a merger, reorganization, or sale of the relevant business if the successor assumes our obligations and preserves applicable privacy commitments. Assignment cannot silently authorize new data uses.

These Terms, the applicable purchase terms, Acceptable Use Policy, and any accepted DPA form the entire agreement for this Service. The Privacy Policy independently describes our data practices and preserves statutory rights. A signed agreement controls over these Terms; a DPA controls a data-processing conflict; a valid purchase order controls its stated price and term but not conflicting boilerplate. If a provision is invalid, remove or narrow only what is necessary; the rest continues, subject to the arbitration severability rule. Delay in enforcement is not waiver. Notices may be electronic, except where law requires another method. Accrued payment and refund duties, ownership, limited backup/legal-retention licenses, confidentiality, indemnities, disclaimers, liability limits, dispute resolution, and these general provisions survive to the extent necessary for their purposes. No extra-short claim-filing deadline is imposed.

Contact: Shootandflow, operated by [LEGAL ENTITY NAME] (Oregon), support@shootandflow.co. Business postal notices: [LLC BUSINESS MAILING ADDRESS]. The brand is not represented here as a registered assumed business name until registration is verified.