Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions govern access to and use of NextPhoto’s websites, software-as-a-service platform, hosted photography galleries, commerce features, APIs, messaging tools, and related services.

By creating an account, using the service, placing an order, accessing a gallery, or otherwise interacting with the platform, you agree to be bound by these Terms.

2. Services

NextPhoto provides hosted software and related tools for photographers, studios, schools, teams, event organizers, and their customers. Features may include galleries, commerce, downloads, marketing tools, website search, communications, integrations, and reporting.

We may add, change, suspend, or discontinue features from time to time. Some features may be subject to plan limits, technical restrictions, or separate requirements.

3. Eligibility and Account Registration

• You must provide accurate, complete, and current registration information.
• You are responsible for maintaining the confidentiality of credentials and for all activity occurring under your account.
• You must promptly notify us of suspected unauthorized access, misuse, or security incidents involving your account.
• If you register on behalf of a business or organization, you represent that you are authorized to bind that entity to these Terms.

4. Customer Responsibilities

• You are responsible for the content, data, contact lists, gallery records, and materials you upload, create, send, or make available through the service.
• You represent that you have all rights, permissions, releases, and legal authority necessary to use your content and customer data with the service.
• You are responsible for your own notices, permissions, and compliance obligations when collecting or using personal information through your tenant workspace.
• You must use the platform in compliance with applicable law, card network rules, carrier requirements, and messaging policies.

5. Acceptable Use

• You may not use the service for unlawful, fraudulent, abusive, deceptive, infringing, or harmful activity.
• You may not attempt to bypass security, access controls, tenant boundaries, subscription limits, or payment restrictions.
• You may not upload malware, conduct denial-of-service activity, scrape protected content, or interfere with platform operation.
• You may not use the platform to send prohibited, deceptive, or non-consensual communications, including unauthorized SMS or email campaigns.

6. Fees, Billing, and Plan Limits

Certain services require a paid subscription or transaction fees. By purchasing a paid plan, you authorize us and our payment processors to charge the applicable fees, taxes, and add-on charges on the billing cycle selected at checkout.

Subscriptions may be subject to plan limits, including storage, photo count, gallery count, messaging, or other usage thresholds. We may suspend or limit features when plan limits are reached or fees remain unpaid.

Unless otherwise stated, fees are non-refundable except as required by law or expressly provided in a separate written policy.

7. Orders, Downloads, and Fulfillment

• Product availability, pricing, taxes, and fulfillment timing may vary by gallery, customer, or event.
• Digital products and downloads may be subject to expiration windows, access restrictions, or verification requirements.
• Custom, personalized, fulfilled, or downloaded products may be non-cancellable or non-refundable except where required by law.

8. SMS Messaging Terms

By providing your phone number and opting in, you agree to receive transactional SMS messages from NextPhoto.

These messages are strictly related to your account and services, including notifications, bookings, and order updates.

You can opt out at any time by replying STOP.

For support, reply HELP or contact services@nextphoto.app.

Message frequency varies. Message and data rates may apply.

9. Intellectual Property and License

NextPhoto and its licensors retain all rights, title, and interest in the service, software, branding, documentation, and related intellectual property.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the service for your internal business use or permitted customer use.

Except as expressly allowed, you may not copy, modify, distribute, reverse engineer, resell, sublicense, or create derivative works from the service.

10. Customer Content

You retain ownership of your content. You grant NextPhoto and its service providers a limited right to host, process, transmit, store, display, and use that content solely as necessary to provide, maintain, secure, and improve the service and comply with law.

We may remove or restrict content that violates these Terms, applicable law, or platform integrity requirements.

11. Third-Party Services

The service may interoperate with third-party providers such as payment processors, cloud infrastructure vendors, email providers, SMS providers, domain services, and analytics tools. Your use of those services may also be governed by their own terms and policies.

12. Suspension and Termination

We may suspend or terminate access to the service, in whole or in part, if we reasonably believe you have violated these Terms, created legal or security risk, exceeded plan limits without authorization, failed to pay fees, or used the service in a way that threatens platform integrity or third-party rights.

You may stop using the service at any time. Termination does not relieve you of payment obligations already incurred.

13. Disclaimers

The service is provided on an “as is” and “as available” basis to the maximum extent permitted by law. We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the service will be uninterrupted, error-free, secure, or available at all times, or that data loss will never occur.

14. Limitation of Liability

To the maximum extent permitted by law, NextPhoto and its affiliates, officers, employees, contractors, and licensors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities arising out of or related to the service or these Terms.

To the maximum extent permitted by law, our aggregate liability for claims arising out of or related to the service or these Terms will not exceed the amounts paid by you to NextPhoto for the service during the twelve months preceding the event giving rise to the claim.

15. Indemnification

You agree to defend, indemnify, and hold harmless NextPhoto and its affiliates, officers, employees, contractors, and licensors from and against claims, liabilities, damages, losses, and expenses arising out of or related to your content, your use of the service, your violation of these Terms, or your violation of law or third-party rights.

16. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to applicable law, the state and federal courts located in California will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the service.

17. Changes to Terms

We may update these Terms from time to time. Updated terms will be posted here with a revised effective date. Continued use of the service after updated Terms become effective constitutes acceptance of the revised Terms.

18. Contact

Questions about these Terms can be directed to services@nextphoto.app.