Terms of Service — Chromafolio

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. You must read, agree with, and accept all of the terms contained in this agreement, including our Privacy Policy, before you may become a user.

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 or access 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 expressly reserve the right to modify these Terms from time to time. We will provide at least 14 days’ notice before material changes take effect by posting the updated Terms and emailing registered users. Your continued use of the platform after the effective date constitutes acceptance of the modified Terms.

2. Description of Service

Chromafolio provides users with tools to help them create and manage client galleries, an online store, and a Leads Marketplace through the use of its web application, website hosting services, and other tools and services (the “Services”). These include:

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.
Store: tools that allow photographers to sell prints, digital downloads, and other products directly to their clients through their galleries.

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 & Security

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

Accurate information: all information provided during registration is true and accurate, and you will maintain and update this information as required to keep it current and complete.
Credential security: maintaining the confidentiality of your login credentials. Our personnel will never ask you for your password. You may not transfer or share your account with anyone.
Account activity: all activity that occurs under your account, whether or not authorized by you.
Reporting unauthorized access: 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. We reserve the right to immediately terminate your account if you transfer or share your account.

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.

The license includes the right to use your content in connection with Chromafolio’s operation of the platform, provided such content is attributed to you in accordance with your profile information (business name, profile photo, and other accompanying details) as submitted by you, where applicable.

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

Although we take reasonable steps to restrict unauthorized copying of content on the platform, we make no representation or warranty that content will not be unlawfully copied without your consent. You are responsible for any content you have uploaded that may be lost or unrecoverable through your use of the Services.

You represent and warrant that:

Ownership: you own or have the rights to all content you upload.
No infringement: uploading and sharing the content does not violate any third-party intellectual property rights, privacy rights, or applicable law.
Releases: you have obtained all necessary model releases and property releases for identifiable persons and private property depicted in your photos.
EXIF data: 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 access: share gallery passwords or access links with individuals not intended by the photographer.
Commercial use:reproduce, redistribute, sell, or publish photos for commercial purposes without the photographer’s express written permission.
Automated access: 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:

Independent contractors: Chromafolio does not employ photographers and is not responsible for the quality, legality, or outcome of any photography services arranged through the Marketplace. Photographers are independent contractors, not agents or employees of Chromafolio.
No guarantees: Chromafolio does not guarantee that any lead will result in a hired photographer or a successful event.
Client responsibility:clients are responsible for verifying a photographer’s credentials, insurance, and suitability before entering into a contract.
Direct contracts: 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. Store & E-commerce Terms

You may sell prints, digital downloads, and other products through your galleries hosted on Chromafolio. By using the Store features, you agree to the following:

Your responsibility: you are fully responsible for the products you sell, including ensuring they comply with all applicable laws, do not infringe on third-party rights, and are accurately described. You must set out your own terms of sale, return/exchange policy, and any other applicable terms with your clients.
Order fulfillment: if you use self-fulfillment, you are solely responsible for producing, reviewing, shipping, and handling disputes, refunds, and exchanges. If Chromafolio facilitates fulfillment through partner vendors, you are responsible for ensuring images have sufficient resolution and correct settings. Chromafolio and its partners are not responsible for losses resulting from incorrect image settings.
Payment processing: store payments are processed through Stripe. You agree to pay the applicable transaction fees as stated on the platform. Stripe accounts are subject to Stripe’s Connected Account Agreement. Chromafolio or Stripe may suspend payment accounts if information provided is inaccurate or if fraudulent activity is detected.
Digital downloads: if you sell digital downloads, you must set out your own digital image license. Chromafolio provides no warranties for digital image licenses and is not liable for any disputes arising from them.
Taxes: you are fully responsible for setting up tax rules and collecting and remitting the required sales tax to the appropriate authorities. Any tax calculations provided by Chromafolio are for reference only and you may not rely on them to comply with your tax obligations.

Chromafolio is not responsible for resolving disputes between you and your clients regarding store purchases. We reserve the right to remove any store content or disable store functionality if it violates these Terms.

8. Fair Usage Policy

This policy ensures the Services remain reliable and performant for all users. Our gallery plans are intended for individual photographer or studio business use.

Storage: each gallery or collection is intended for a single event or project. We reserve the right to apply additional fees to accounts that exceed reasonable storage limits as determined by your plan.
Bandwidth: we reserve the right to throttle or charge additional fees for accounts generating excessive bandwidth usage that negatively impacts service for other users.
API access: you may only access Chromafolio Services through the official user interfaces or APIs we provide. Use of undocumented, unofficial, or reverse-engineered endpoints is not permitted.

We reserve the right to suspend or terminate any account immediately if activity is determined to be unlawful, fraudulent, abusive, or contrary to this policy.

9. 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 at the end of each billing period for the same duration, unless cancelled prior to renewal. 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 once spent.
Price changes:we will give at least 30 days’ notice of any price increases. Upon renewal, you agree that your payment method on file will be charged the applicable fee in effect at the time of renewal.
Taxes: all fees are in USD unless otherwise stated and exclude applicable taxes. You are responsible for all taxes associated with your use of the platform. If we are obligated to collect taxes, the amount will be added to your payment.
Failed payments: if a charge fails or we receive a chargeback, we may suspend your account until the outstanding balance is resolved. In the event of a chargeback, you will be required to pay any outstanding fees and additional chargeback fees before using the Services again.

10. Prohibited Conduct

Your use of the platform is subject to all applicable laws and regulations. You agree not to upload, share, post, or otherwise distribute any content or engage in any activity that:

Illegal or harmful content:is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, or otherwise violates our policies.
Discrimination: victimizes, harasses, degrades, or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
Infringement: infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right.
False information: posts false or misleading information in a Leads Marketplace request or photographer profile.
Spam: constitutes unauthorized solicitation, junk email, chain letters, or harvests contact information for unsolicited communications.
Malware: contains software viruses or harmful code designed to disrupt, damage, or gain unauthorized access to any software, hardware, or data.
Security bypass: attempts to bypass authentication, access controls, or security features, or to breach the security of another account.
Scraping: uses automated tools to scrape, index, or bulk-download content from the platform without our written consent.
Platform circumvention: circumvents the Leads Marketplace by taking conversations off-platform to avoid platform fees.
Impersonation: impersonates another person or entity on the platform.

Violation of these prohibitions may result in immediate account suspension or termination. We will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.

11. 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 copy, reproduce, modify, republish, upload, post, transmit, or distribute any Chromafolio materials without prior written permission.

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

12. Copyright Infringement

We respect the intellectual property of others and ask you to do the same. If you believe that content posted on the platform infringes your copyright, trademark, or other proprietary rights, please send a notification to support@chromafolio.com that includes:

Identification of the work: a description of the copyrighted work you believe has been infringed.
Identification of the material: a description of the material you claim is infringing, with enough detail for us to locate it.
Your contact information: your name, email address, and phone number.
Good faith statement: a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
Accuracy statement: a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
Signature: your physical or electronic signature.

Upon receipt of a valid notice, we may immediately remove the identified content without liability to you or any other party. We may disclose any information necessary to satisfy legal obligations or to operate the Services properly.

13. Third-Party Sites & Services

The platform may contain links to third-party websites or include references to information, software, materials, or services provided by other parties. These third-party sites and services are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.

The inclusion of a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by Chromafolio. Third-party services integrated with the platform (such as Stripe, Google OAuth, Resend, and Twilio) are governed by their own terms of service and privacy policies.

14. Communications

We may make email, SMS, and messaging services available to you as part of the platform. You are responsible for complying with all applicable laws relating to electronic communications, marketing, privacy, and data protection, including but not limited to CAN-SPAM (US), GDPR (EU), and CASL (Canada).

Consent required: email and SMS recipients must consent to receiving communications from you. You must provide the option to unsubscribe and must not send messages to contacts who have opted out.
Client information: if you obtain client information through Chromafolio features, you may not use it in any manner except as specifically authorized by the Services. You may not share client information with third parties or use it for unsolicited communications.
Platform communications: for contractual purposes, you consent to receive all communications from Chromafolio electronically. We may send transactional emails, technical notices, and feature announcements. You may update your notification preferences in your account settings.

We reserve the right to block or refuse to deliver communications that violate applicable laws or impact our delivery infrastructure, and may suspend your ability to use these features without prior notice.

15. Indemnification

You agree to defend, indemnify, and hold Chromafolio Inc. and its affiliates, officers, directors, employees, and agents harmless from all liabilities, claims, damages, and expenses (including reasonable attorney’s fees) that arise from:

Your use or misuse of the platform.
Your violation of these Terms.
Your violation of any third-party rights, including intellectual property or privacy rights.
Any content you upload, post, or transmit through the platform.
Any products or services you sell through the Store features.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

16. 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.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) ANY CONTENT PURCHASED OR OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM ERRORS.

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.

WE ARE NOT LIABLE FOR ANY THIRD-PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM, INCLUDING STORE PURCHASES AND LEADS MARKETPLACE ARRANGEMENTS. YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

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

17. 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, for any reason, including breach of these Terms, suspected fraudulent or illegal activity, or if your continued use poses a risk to other users or the platform. Any suspected illegal activity may be referred to appropriate law enforcement authorities.

Upon termination or suspension, your right to use the Services immediately ceases. We may deactivate or delete your account and all related information and files. If your account is cancelled or terminated, the contents of your account may be removed immediately, including any photos, galleries, client data, and store content. We are not liable for any loss of data as a result of account termination. Upon termination for cause, unused lead credits are forfeited.

Sections 4, 9, 11, 12, 15, 16, and 20 survive termination of these Terms.

18. International Use

Although the platform may be accessible worldwide, we make no representation that materials on the platform are appropriate or available for use in locations outside the United States. Those who choose to access the platform from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with the platform is void where prohibited.

19. Governing Law & Dispute Resolution

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.

Any cause of action brought by you against Chromafolio must be instituted within one year after the cause of action arises or be deemed forever waived. If you are a consumer in a jurisdiction that does not permit mandatory arbitration, you may bring claims in your local courts.

20. General Provisions

Entire agreement: these Terms constitute the entire agreement between you and Chromafolio concerning the subject matter hereof and supersede all prior agreements and understandings. These Terms may not be altered or amended except in a written agreement signed by both parties.
Severability: if any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intent, and the remaining portions shall remain in full force and effect.
Assignment: you may not assign your rights or obligations under these Terms to any party. We may freely assign our rights and obligations.
Waiver: any failure by us to enforce or exercise any provision of these Terms shall not constitute a waiver of that right or provision.
Force majeure: we shall be excused from liability for non-delivery or delay arising from any event beyond our reasonable control, including but not limited to natural disasters, war, government action, labor disturbance, or infrastructure failure.
Notices: all notices to Chromafolio must be sent to support@chromafolio.com. Notices to you may be sent to the email address associated with your account. You consent to receive all communications from Chromafolio electronically.

21. Contact

Questions about these Terms? Contact us at:

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