Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services operated by Chromafolio Inc. (“Chromafolio,” “we,” “our,” or “us”), including chromafolio.com, the client gallery platform, and the Leads Marketplace. Please read these Terms carefully before using the platform.

1. Acceptance of Terms

By creating an account, accessing the platform, or using any Chromafolio service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the platform. If you are using Chromafolio on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms.

We may modify these Terms at any time. We will provide at least 14 days’ notice before material changes take effect by posting the updated Terms and emailing registered users. Continued use after the effective date constitutes acceptance.

2. Description of Service

Chromafolio provides two core services:

• Client Gallery Platform: tools for professional photographers to upload, organize, password-protect, proof, and deliver photographs to their clients. Clients can view, favorite, comment on, and download photos shared with them.
• Leads Marketplace: a platform where prospective photography clients post requests for photography services and photographers submit proposals. Chromafolio facilitates the introduction but is not a party to any contract formed between a photographer and a client.

We reserve the right to modify, suspend, or discontinue any feature of the platform at any time, with or without notice, and without liability to you.

3. User Accounts

To access most features you must create an account using a valid email address or a Google account. You are responsible for:

• Maintaining the confidentiality of your login credentials and thechromafolio_token authentication cookie.
• All activity that occurs under your account, whether or not authorized by you.
• Notifying us immediately at support@chromafolio.com if you suspect unauthorized access to your account.

You must be at least 18 years old to create an account. Accounts are non-transferable. You may not create more than one photographer account per individual or business entity without our written permission.

4. Photographer Content & Licensing

You retain full ownership of all photographs and other content you upload to Chromafolio (“Photographer Content”). By uploading content, you grant Chromafolio a limited, non-exclusive, royalty-free, worldwide license to host, store, copy, transmit, and display your content solely as necessary to provide the platform services — including generating thumbnails, serving galleries, and archiving to cold storage.

This license terminates when you delete the content or close your account, subject to our data retention schedule set out in the Privacy Policy.

You represent and warrant that:

• You own or have the rights to all content you upload.
• Uploading and sharing the content does not violate any third-party intellectual property rights, privacy rights, or applicable law.
• You have obtained all necessary model releases and property releases for identifiable persons and private property depicted in your photos.
• Photo EXIF data (including GPS coordinates) embedded in your uploads is data you consent to store on our servers.

5. Client Use of Platform

Clients who access a photographer’s gallery are granted a limited, personal, non-transferable right to view, favorite, and download photos for personal use only, subject to any restrictions the photographer has set.

Clients may not:

• Share gallery passwords or access links with individuals not intended by the photographer.
• Reproduce, redistribute, sell, or publish photos for commercial purposes without the photographer’s express written permission.
• Reverse-engineer, scrape, or automate access to the gallery platform.

6. Leads Marketplace Terms

The Leads Marketplace connects clients seeking photography services with photographers who offer them. You acknowledge that:

• Chromafolio does not employ photographers and is not responsible for the quality, legality, or outcome of any photography services arranged through the Marketplace.
• Chromafolio does not guarantee that any lead will result in a hired photographer or a successful event.
• Photographers are independent contractors, not agents or employees of Chromafolio.
• Clients are responsible for verifying a photographer’s credentials, insurance, and suitability before entering into a contract.
• Any contract for photography services is solely between the client and the photographer. Chromafolio is not a party to that contract.

Lead credits: photographers may be required to spend lead credits to submit proposals. Credits are non-refundable once spent. Purchasing additional credits is governed by the payment terms below.

Spam and fake leads: we take reasonable steps to detect and remove fraudulent lead requests. If you believe a lead is fraudulent, report it at support@chromafolio.com. We may issue credit refunds at our sole discretion.

7. Payment Terms

Subscriptions and lead credits are billed through Stripe. By providing payment information you authorize us to charge you the applicable fees.

• Subscriptions: billed monthly or annually in advance. Subscriptions renew automatically until cancelled. You can cancel at any time from your account settings; access continues until the end of the current billing period.
• Refunds: subscription fees are non-refundable except where required by applicable law or at our sole discretion. Lead credits are non-refundable.
• Price changes: we will give at least 30 days’ notice of any price increases. Continued use after the new price takes effect constitutes acceptance.
• Taxes: prices exclude applicable taxes. You are responsible for all taxes associated with your use of the platform.
• Failed payments: if a charge fails, we may suspend your account until the outstanding balance is resolved.

8. Prohibited Conduct

You agree not to:

• Upload content that is illegal, defamatory, obscene, or that infringes intellectual property or privacy rights.
• Post false or misleading information in a Leads Marketplace request or photographer profile.
• Harvest contact information of other users for unsolicited communications.
• Use the platform to transmit malware, viruses, or any harmful code.
• Attempt to bypass authentication, access controls, or security features.
• Use automated tools to scrape, index, or bulk-download content from the platform without our written consent.
• Circumvent the Leads Marketplace by taking conversations off-platform to avoid platform fees, where applicable.
• Impersonate another person or entity on the platform.

Violation of these prohibitions may result in immediate account suspension or termination.

9. Intellectual Property

The Chromafolio name, logo, platform design, software, and all content created by Chromafolio are owned by Chromafolio Inc. and protected by copyright, trademark, and other intellectual property laws. You may not use our branding, copy our software, or reproduce our platform design without written permission.

Photographer Content remains the property of the respective photographer. Nothing in these Terms transfers ownership of Photographer Content to Chromafolio.

10. Limitation of Liability

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHROMAFOLIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL CHROMAFOLIO’S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO CHROMAFOLIO IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD. CHROMAFOLIO IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE PLATFORM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

11. Termination

You may delete your account at any time from your account settings. Upon deletion, your galleries and profile will be removed from public view. Data is retained per our Privacy Policy retention schedules.

We may suspend or terminate your account at any time, with or without notice, if we determine you have violated these Terms or if your continued use poses a risk to other users or the platform. We will attempt to provide notice where legally required. Upon termination for cause, unused lead credits are forfeited.

Sections 4, 7, 9, 10, 12, and 13 survive termination of these Terms.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any dispute arising from these Terms shall be resolved by binding arbitration in accordance with the American Arbitration Association’s rules, except that either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

If you are a consumer in a jurisdiction that does not permit mandatory arbitration, you may bring claims in your local courts.

13. Contact

Questions about these Terms? Contact us at:

• Email: support@chromafolio.com
• Mail: Chromafolio Inc., Legal Team, [Address]