Terms of Service

1. Description of Services

ApertureBook is software-as-a-service operated by Wilkes Software LLC and licensed to photographers for use in their own businesses. The Services let a photographer upload, organize, and share photo galleries with their clients, and create and send invoices that their clients can pay. Clients may view or download galleries shared with them by photographers.

Each photographer uses the Services to sell their own goods and services, in their own name, at prices and on terms they set themselves. ApertureBook does not offer, list, advertise, or sell photography goods or services to the public, does not set or negotiate the price of anything a photographer sells, and is not a party to the transaction between a photographer and their client. Section 5 describes how this works where a photographer accepts online payments.

2. Eligibility

You must be at least 18 years old to create a photographer account. By using the Services, you represent that you meet this requirement.

3. Accounts

Photographer Accounts

When creating an account, you agree to provide accurate information, maintain the security of your credentials, and take responsibility for all activity under your account.

Client Access

Clients access galleries through invitation links or credentials provided by photographers. Clients do not create full ApertureBook accounts unless explicitly required.

Client access to galleries, invoices, and contracts depends on the photographer's account remaining active. Clients should contact their photographer with any questions about the availability of their content.

4. Subscriptions and Payments

ApertureBook Subscription Fees

• Certain features require a paid subscription.
• Subscription fees are processed by Stripe, a third-party payment processor.
• Subscription fees are billed on a recurring basis unless canceled.
• All subscription fees are non-refundable except where required by law.
• ApertureBook may change the amount you are charged for a subscription plan, with reasonable notice.
• ApertureBook may change which features are included in a given subscription plan at any time and without prior notice; this is a change to what the plan includes, not to what you are charged for it.
• ApertureBook may add, change, or discontinue subscription plans themselves at any time and without prior notice, except that where discontinuing a plan changes the amount an existing subscriber is charged, we will give reasonable notice of that change.

5. Invoicing and Client Payments (Stripe Connect)

ApertureBook lets photographers create and send invoices to their clients and, where the feature is enabled for the photographer's account, accept online payments from those clients. Online payments are processed through Stripe Connect. To accept online payments, a photographer must connect or create a Stripe account and agree to the Stripe Connected Account Agreement and Stripe Services Agreement. By connecting a Stripe account, you authorize ApertureBook to share invoice and account information with Stripe as needed to enable and process payments.

For payments made by a photographer's clients:

• Merchant of record and tax responsibility. The photographer, not ApertureBook, is the merchant of record and seller of record for all goods, services, galleries, or downloads sold. The photographer is solely responsible for the underlying goods or services, the accuracy of invoices, delivery, and customer service, and for determining, calculating, setting, collecting, reporting, and remitting any applicable federal, state, or local taxes (including sales, use, or local gross receipts taxes) on all transactions.
• No marketplace facilitator status. ApertureBook is a software-as-a-service (SaaS) provider and an intermediary technology tool. ApertureBook is not a marketplace facilitator, marketplace provider, payment processor, bank, or money transmitter, and is not a party to the underlying transaction between a photographer and their client. Payments are executed through Stripe Connect as direct charges on the photographer's connected Stripe account and are settled by Stripe directly into the photographer's bank account, without passing through or being held by ApertureBook. ApertureBook offers no photography goods or services for sale, lists no photographer's offerings for sale to the public, and sets no price for anything a photographer sells.
• Platform application fees. ApertureBook charges a platform fee (an "application fee") on each online payment, as disclosed on our pricing page and in the app. Stripe separately charges its own payment processing fees. Both are deducted directly by Stripe during processing, before the remaining funds reach the photographer. Platform fees are software licensing revenue earned by ApertureBook, and do not represent gross receipts or purchase prices collected on behalf of the photographer.
• Processing and risk. Stripe is responsible for payment processing, identity verification (KYC), payouts, applicable tax reporting (for example, Form 1099-K), account balances, and liability for negative balances, refunds, chargebacks, and disputes on connected accounts, in accordance with Stripe's agreements.
• Refunds and disputes. Refunds and payment disputes are handled between the photographer and their client through Stripe. ApertureBook does not control, and is not responsible for, the outcome of any refund, chargeback, or dispute.
• Non-refundable platform fees. Platform fees earned by ApertureBook on a payment may be non-refundable even if the underlying payment is later refunded or disputed, except where required by law.
• Cardholder data. Clients pay invoices through Stripe's hosted checkout. Payment card details are collected and processed by Stripe; ApertureBook does not receive or store full card numbers.

6. Content Ownership and Rights

Your Content

You retain full ownership of all photos and content you upload ("User Content"). By uploading content, you grant ApertureBook a limited, non-exclusive, worldwide license to host, store, reproduce, and display your content solely for the purpose of providing the Services. ApertureBook does not claim ownership over your content.

Restrictions

You represent and warrant that you own or have permission to upload all content, your content does not violate any laws or third-party rights, and your content does not contain unlawful, harmful, or abusive material.

7. Acceptable Use

You agree not to:

• Use the Services for unlawful purposes
• Upload content you do not have rights to
• Attempt to bypass security or access unauthorized data
• Interfere with or disrupt the Services
• Use the Services to distribute malware or harmful code

We reserve the right to suspend or terminate accounts that violate these Terms.

8. Third-Party Services

The Services rely on third-party providers including Stripe (payments and Stripe Connect), DigitalOcean (storage and infrastructure), and Postmark (email communications). Your use of these providers may be subject to their own terms. ApertureBook is not responsible for third-party services or their availability.

9. Account Suspension and Termination

You may cancel your subscription or delete your account at any time. We may suspend or terminate access at any time, for any reason, and without prior notice. Among other reasons, we do this to keep the Services healthy and legitimate, including, without limitation, suspending or terminating accounts for inactivity, suspected spam or abuse, violation of these Terms, a security or legal risk, or as required by law.

Suspension. A suspended account can sign in to view its account status and to reach Stripe for payouts already collected and for billing, but cannot otherwise use the Services. Its public pages and client galleries stop being accessible. Any paid subscription is cancelled at the time of suspension. If an account remains suspended for 30 days, photos and other uploaded media are permanently deleted to reclaim storage; account records, invoices, and contracts are retained. If you believe an account was suspended in error, contact [email protected] to request that we review it; reinstatement is at our discretion.

Termination. Upon termination, access to galleries and stored content may be removed.

10. Disclaimers

The Services are provided "as is" and "as available." ApertureBook makes no warranties regarding uninterrupted operation, data loss or corruption, or fitness for a particular purpose. Use of the Services is at your own risk.

11. Limitation of Liability

To the maximum extent permitted by law, ApertureBook shall not be liable for indirect, incidental, or consequential damages, loss of data, revenue, or profits, or claims arising from your use of the Services. ApertureBook's total liability shall not exceed the amount paid by you in the twelve months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless ApertureBook from any claims, damages, or expenses arising from your use of the Services, your content, or your violation of these Terms or applicable laws.

13. Changes to the Services or Terms

We may modify the Services or these Terms at any time. This includes adding, removing, or modifying any feature of the Services, and discontinuing a feature entirely, for any reason and without prior notice. This does not affect the notice we give for changes to the amount you are charged. Updated Terms will be posted with a revised "Last updated" date. Continued use constitutes acceptance of the changes.

14. Governing Law

These Terms are governed by the laws of the State of North Carolina and the United States, without regard to conflict of law principles. You agree that the state and federal courts located in North Carolina shall have exclusive jurisdiction over any dispute arising from these Terms or your use of the Services.

15. Contact

Questions about these Terms? Reach us at [email protected].