Terms of Service

1. Acceptance of Terms

By accessing or using PhotoFounder (“the Service”), operated by PhotoFounder Inc. (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

2. Description of Service

PhotoFounder is a multi-tenant software-as-a-service (“SaaS”) platform for real estate photography businesses. The Service includes booking management, gallery delivery, team management, payment processing, marketing tools, AI-powered photo editing, and related features. Each tenant (“Entity”) receives isolated infrastructure including a separate database and media storage.

PhotoFounder is a technology platform only. We do not provide photography services, real estate services, or any professional services to end users. We do not screen, vet, or guarantee the quality, timeliness, or legality of any services offered by businesses using our platform. Any disputes regarding the quality or delivery of photography services are strictly between the Entity and its customers.

3. User Roles and Definitions

The Service supports several types of users, each with different access levels and responsibilities:

• Entity Owner — The individual or business that creates an account and subscribes to a plan. Responsible for billing, team management, and all content uploaded under their Entity.
• Entity Admin — Users granted full operational access by the Entity Owner, including managing appointments, services, and settings.
• Staff / Contractors — Photographers, editors, and other team members invited by an Entity. Can view assigned appointments, upload content, and manage their own schedules.
• Customers — End users (typically real estate agents) who book services through an Entity's booking portal and access delivered content through the customer portal.

All user types are bound by these Terms. Entity Owners are additionally responsible for ensuring their staff and contractors comply with these Terms.

4. Accounts and Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain false or misleading information, or that are used in violation of these Terms.

5. Subscription and Billing

PhotoFounder offers subscription tiers including Starter (free), Pro, and Business. Paid subscriptions are billed monthly or annually through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.

• Subscriptions automatically renew at the end of each billing period unless cancelled
• You may upgrade or downgrade your plan at any time; changes take effect immediately with prorated billing
• You may cancel your subscription at any time from your billing settings
• All fees are non-refundable except as required by applicable law; no refunds are provided for partial billing periods
• Free trials, if offered, automatically convert to a paid subscription at the end of the trial period unless cancelled before the trial ends
• We reserve the right to change pricing with at least 30 days' advance notice; price changes take effect at the start of your next billing cycle
• All prices are quoted and charged in United States Dollars (USD)

6. API Credits and Usage-Based Fees

Certain features of the Service, including AI photo editing (virtual staging, twilight conversion, auto-edit, declutter), slideshow rendering, and SMS notifications, consume credits that are purchased separately from your subscription. Credits are non-refundable, non-transferable, and have no cash value. We reserve the right to adjust credit pricing at any time. Unused credits do not expire as long as your account remains active. Upon account termination, any remaining credits are forfeited.

7. Payment Collection

When you accept payments from your customers through the Service via Stripe Connect, you appoint PhotoFounder as your limited payment collection agent solely for the purpose of accepting payments on your behalf. Payment received by PhotoFounder from your customers constitutes payment made directly to you. You are solely responsible for all applicable taxes, including sales tax, use tax, and any other taxes related to services you provide through the platform.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law
• Upload, transmit, or distribute content that is illegal, obscene, defamatory, threatening, harassing, or that infringes on any intellectual property or privacy rights
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or related systems
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Use the Service to send spam, unsolicited communications, or phishing attempts
• Use any automated means (bots, scrapers, crawlers) to access, collect data from, or interact with the Service without our written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Resell, sublicense, lease, or distribute the Service or access to the Service without our written permission
• Create a false identity, impersonate any person, or misrepresent your affiliation with a person or entity
• Upload content containing viruses, malware, or any other harmful code

9. Fair Housing Compliance

All property listings, marketing materials, and advertising created or displayed through the Service must comply with the Federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and all applicable state and local fair housing laws. It is unlawful to discriminate in the sale, rental, or advertising of housing based on race, color, religion, sex, national origin, familial status, or disability. You are solely responsible for ensuring that all content you create, upload, or distribute through the Service complies with these requirements. PhotoFounder does not review content for fair housing compliance and bears no responsibility for violations by users.

10. Content and Intellectual Property

Your Content. You retain full ownership of all content you upload to the Service, including photographs, videos, galleries, floor plans, and documents (“User Content”). We do not claim ownership of your User Content. By uploading User Content, you grant PhotoFounder a limited, non-exclusive, royalty-free license to use your content solely as necessary to provide the Service, including:

• Storing, backing up, and delivering your content to authorized recipients
• Processing images (generating thumbnails, optimized sizes, watermarks)
• Performing AI-powered editing when you request it (HDR enhancement, virtual staging, twilight conversion, declutter)
• Displaying content on property listing websites, galleries, and marketing materials you create through the Service
• Transmitting content through infrastructure providers (CDN, storage) necessary to deliver the Service

This license exists only for the duration of your use of the Service and terminates when your content is deleted from our systems, subject to reasonable backup retention periods.

Our Content. The Service itself, including its design, code, logos, trademarks, documentation, and all related intellectual property, is owned by PhotoFounder Inc. and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during your active subscription.

Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation or compensation to you.

11. Copyright Infringement (DMCA)

We respect intellectual property rights and expect our users to do the same. If you believe that content on the Service infringes your copyright, please submit a notification under the Digital Millennium Copyright Act (DMCA) to our designated copyright agent with the following information:

• A description of the copyrighted work you claim has been infringed
• The URL or location of the allegedly infringing content on our Service
• Your contact information (name, address, phone number, email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

Designated Copyright Agent: PhotoFounder Inc., Attn: Copyright Agent, email: copyright@photofounder.com

We reserve the right to remove allegedly infringing content without prior notice. Accounts that are the subject of repeated copyright infringement claims may be terminated.

12. AI-Powered Features

The Service includes AI-powered features such as photo editing (HDR enhancement, virtual staging, twilight conversion, declutter, item removal), slideshow creation, and an AI business assistant. By using these features, you acknowledge and agree that:

• Your content may be transmitted to third-party AI service providers for processing
• AI-generated results are provided on an “as is” basis and may not always meet your expectations
• You are responsible for reviewing and approving all AI-generated content before using it in marketing, listings, or other professional contexts
• We do not guarantee the accuracy, quality, or suitability of AI-generated output
• AI credits consumed during processing are non-refundable regardless of the quality of the output

13. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that you have read and understood the Privacy Policy. If you are an Entity Owner or Admin, you are responsible for ensuring that your customers are informed about how their data is collected and used through your use of the Service.

14. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted, timely, secure, or error-free access. The Service may be temporarily unavailable due to scheduled maintenance (with advance notice when possible), unscheduled emergency maintenance, system failures, network outages, or circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, internet service provider failures, or distributed denial-of-service attacks. We are not liable for any downtime, data loss, lost business, or damages resulting from service interruptions.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHOTOFOUNDER DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOFOUNDER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOTOFOUNDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR:

• Loss of profits, revenue, or business
• Loss of data or content
• Loss of customers, bookings, or business opportunities
• Business interruption or downtime
• Cost of procuring substitute services
• Damage to reputation or goodwill
• Any matter beyond our reasonable control

THESE LIMITATIONS APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, INABILITY TO USE THE SERVICE, OR ANY INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF PHOTOFOUNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PHOTOFOUNDER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU PAID TO PHOTOFOUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

17. Indemnification

You agree to defend, indemnify, and hold harmless PhotoFounder Inc., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property rights, privacy rights, or fair housing laws; (d) any content you upload, create, or distribute through the Service; or (e) any dispute between you and your customers, staff, or contractors. This indemnification obligation will survive the termination of your account and these Terms.

18. Dispute Resolution and Arbitration

Informal Resolution. Before filing any formal dispute, you agree to first contact us at legal@photofounder.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. YOU AND PHOTOFOUNDER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate proceedings or preside over any form of class or representative action.

Exceptions. Either party may bring claims in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

Opt-Out. You may opt out of this arbitration provision by sending written notice to legal@photofounder.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the state or federal courts located in Los Angeles County, California.

19. Termination

Termination by You. You may terminate your account at any time by canceling your subscription and contacting support. Upon voluntary termination, your access to paid features will continue until the end of your current billing period.

Termination by Us. We may suspend or terminate your account immediately, without prior notice or liability, if you violate these Terms, engage in fraudulent activity, or if we are required to do so by law. We may also terminate accounts that have been inactive for an extended period with 30 days' advance notice.

Effect of Termination. Upon termination, your right to use the Service ceases immediately. Your data will be retained for 30 days following termination, during which you may request an export. After 30 days, your data will be permanently deleted from our systems, including all databases, media files, and backups, unless retention is required by applicable law.

Survival. Sections relating to intellectual property, disclaimer of warranties, limitation of liability, indemnification, dispute resolution, and any other provisions that by their nature should survive, will survive termination of these Terms.

20. Third-Party Services

The Service integrates with or contains links to third-party services including Stripe, Google Calendar, Matterport, CubiCasa, and others. These third-party services are governed by their own terms and privacy policies. PhotoFounder is not responsible for the content, accuracy, availability, or practices of any third-party service. Your use of third-party services is at your own risk. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials available through third-party services.

21. Electronic Communications

By using the Service, you consent to receiving electronic communications from us, including emails, push notifications, and in-app messages. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

22. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. The updated Terms will be posted on this page with a revised “Last updated” date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must stop using the Service and cancel your account before the changes take effect.

23. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California.

24. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

25. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PhotoFounder regarding your use of the Service and supersede all prior agreements, understandings, and representations.

26. Contact

If you have questions about these Terms, please contact us:

• PhotoFounder Inc.
• Email: legal@photofounder.com
• General inquiries: Contact page