Terms of Use

• “Photographer” — any individual or entity that creates an account on the Platform to manage photography events, galleries, and related services.
• “Customer” — an end user who accesses a photographer’s gallery, places orders, registers at events, or otherwise interacts with the Platform as a subject or parent/guardian of a subject.
• “Sub-user” — any person granted access to a photographer’s account with a defined role and permission set.
• “Content” — photographs, images, text, templates, data, and any other material uploaded to or generated through the Platform.

• You must provide accurate and complete information when creating an account. You are responsible for keeping your account information current.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must notify us immediately at support@phototouchinc.com if you suspect unauthorized access to your account.
• We reserve the right to suspend or terminate accounts that violate these Terms, are involved in fraudulent activity, or pose a security risk to the Platform.
• Photographers are responsible for managing their sub-users, including setting appropriate roles and permissions, enforcing password policies, and promptly deprovisioning users who should no longer have access.

You agree not to:

• Upload, store, or distribute content that is unlawful, defamatory, obscene, or infringes the intellectual property rights of any third party.
• Use the Platform to send unsolicited or unauthorized communications (spam), including bulk email or SMS messages that do not comply with applicable anti-spam laws (CAN-SPAM, TCPA, CASL).
• Attempt to gain unauthorized access to any part of the Platform, other accounts, or connected systems.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Use automated tools (bots, scrapers, crawlers) to access the Platform without prior written consent.
• Interfere with or disrupt the integrity or performance of the Platform.
• Use the Platform in any manner that could damage, disable, overburden, or impair our servers or networks.
• Resell, sublicense, or redistribute access to the Platform without authorization.

Photography-Specific Obligations

• Photographers are solely responsible for obtaining all necessary consents, model releases, and permissions required by applicable law before uploading photographs of individuals, including minors.
• Photographers must comply with all applicable laws regarding the photography of minors, including COPPA, FERPA, and applicable state child protection laws.
• Photographers must honor customer data privacy requests in a timely manner using the built-in GDPR tools provided by the Platform.

Your Content

You retain all ownership rights to Content you upload to the Platform. By uploading Content, you grant us a limited, non-exclusive, royalty-free license to host, store, process, and display your Content solely for the purpose of providing the Platform services to you and your customers. This license terminates when you delete your Content or close your account.

Our Platform

The Platform, including its design, features, code, documentation, and branding, is owned by TriPrism, Inc. and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements except as expressly permitted.

DMCA & Copyright Complaints

If you believe Content on the Platform infringes your copyright, please contact us at support@phototouchinc.com with the following: (a) identification of the copyrighted work, (b) identification of the infringing material and its location on the Platform, (c) your contact information, (d) a statement of good faith belief that the use is not authorized, and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on behalf of one.

• Photographer accounts are billed on a subscription basis. Pricing, billing frequency, and payment terms are set forth in your service agreement or as displayed in the Platform.
• All fees are non-refundable except as required by law or as expressly stated in your service agreement.
• We reserve the right to change pricing with at least 30 days’ advance notice. Continued use after a price change takes effect constitutes acceptance.
• If payment fails or an account becomes past due, we may suspend access to the Platform until the balance is resolved. Accounts with balances outstanding for more than 90 days may be closed.
• Payment processing is handled by Stripe. By providing payment information, you also agree to Stripe’s Terms of Service.

• Photographer as Data Controller: When you use the Platform to collect, store, or process personal information about your customers, you are the data controller. You are responsible for your own privacy practices, disclosures, and legal compliance.
• TriPrism as Data Processor: We process customer data on your behalf solely to provide Platform services. Our obligations as processor are detailed in the Data Processing Agreement.
• Data Portability: You may export your data at any time using the tools provided within the Platform.
• Data Deletion: Upon account closure, your data will be retained for 90 days to allow for reactivation, after which it will be permanently deleted.

For detailed information about how we handle personal data, see our Privacy Policy and Data Processing Agreement.

• The Platform allows photographers to connect third-party services via the API Integration Builder and credential management tools. When you connect a third-party service, data may flow to that service under your control and subject to that service’s terms.
• We are not responsible for the practices, availability, or security of third-party services you choose to connect.
• You are responsible for reviewing and agreeing to the terms of any third-party service before connecting it to the Platform.

See our Sub-Processor Disclosure for a list of services we use to operate the Platform.

• The Platform offers optional AI-powered features, including email template generation, customer service triage, and marketing plan assistance. These features are opt-in and must be explicitly enabled by the photographer.
• No customer photographs are shared with AI providers. AI features process text-based data only (email content, ticket text, marketing copy).
• AI-generated content is provided as a starting point and should be reviewed by the photographer before use. We do not guarantee the accuracy, appropriateness, or legal compliance of AI-generated content.
• Photographers may use their own AI provider API keys for unlimited usage, or use the Platform’s shared allocation within published limits.

• We strive to maintain high availability of the Platform but do not guarantee uninterrupted access. Scheduled maintenance will be communicated in advance when possible.
• We are not liable for any downtime, data loss, or service interruptions caused by circumstances beyond our reasonable control, including internet outages, natural disasters, or third-party service failures.
• Platform status is available at status.triprism.com.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIPRISM, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You agree to indemnify and hold harmless TriPrism, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform, (b) your violation of these Terms, (c) your Content, (d) your violation of any applicable law or regulation, or (e) your violation of any third party’s rights, including intellectual property or privacy rights.

• You may terminate your account at any time by contacting support@phototouchinc.com.
• We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law.
• Upon termination, your right to use the Platform ceases immediately. Data is retained for 90 days to allow reactivation, then permanently deleted.
• Sections 4 (Intellectual Property), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination.

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration administered by a mutually agreed-upon arbitration provider in San Diego County, California. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

We may update these Terms from time to time. Material changes will be communicated via email to active account holders at least 30 days before taking effect. The “Effective” date at the top of this page indicates when the Terms were last revised. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

For questions about these Terms:

Email

support@phototouchinc.com

Company

TriPrism, Inc. dba PhotoTouch, Inc.

Address

San Diego, California, United States