Terms of Service

1. Description of Services

ApertureBook is a platform operated by ApertureBook LLC that allows photographers to upload, organize, and share photo galleries with their clients, and to create and send invoices and accept payments. Clients may view or download galleries shared with them by photographers.

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.

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 reserves the right to change pricing with reasonable notice.

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:

• The photographer, not ApertureBook, is the merchant of record and is solely responsible for the underlying goods or services, the accuracy of invoices, delivery, customer service, refunds, and any related tax obligations.
• ApertureBook is not a bank, money transmitter, or payment processor, and is not a party to the transaction between a photographer and their client. Funds are settled by Stripe directly into the photographer's connected Stripe account.
• 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 from the payment before funds reach the photographer.
• Stripe is responsible for payment processing, identity verification (KYC), payouts, applicable tax reporting, account balances, and liability for negative balances, refunds, chargebacks, and disputes on connected accounts, in accordance with Stripe's agreements.
• 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.
• 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.

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 Brevo (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 Termination

You may cancel your subscription or delete your account at any time. We may suspend or terminate access if you violate these Terms, your use poses a security or legal risk, or if required by law. 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. 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].