1. About These Terms
These Terms and Conditions govern the access to and use of PhotoOS, a software-as-a-service platform provided by PhotoOS Software Pvt. Ltd.
PhotoOS provides software features and business workflows for photography studios and related businesses, including workspace management, client management, project management, event management, galleries, asset management, communication, payments, subscriptions, analytics, and related services.
By creating an account, accessing the platform, or using any PhotoOS service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
2. User Responsibilities
Users must:
- Provide accurate and up-to-date information.
- Maintain the security of their account credentials.
- Prevent unauthorized access to their account.
- Use the platform only for lawful business and professional purposes.
- Ensure that they have the necessary rights and permissions for personal data, photographs, videos, documents, and other content submitted to the platform.
- Comply with all applicable laws and regulations.
Users are responsible for activity performed through their account.
3. Studio and Workspace Data
PhotoOS workspaces may contain client information, team member information, events, projects, photographs, videos, documents, communications, billing records, subscription information, and other business data.
The studio or customer is responsible for ensuring that it has the necessary rights, permissions, notices, and lawful basis for the business and personal data submitted to PhotoOS.
4. Personal Data
PhotoOS Software Pvt. Ltd. may process personal and business information as necessary to provide, maintain, secure, and improve PhotoOS services.
Additional information regarding collection, use, storage, disclosure, retention, and data rights is provided in the applicable Privacy Policy.
5. Acceptable Use
Users must not use PhotoOS for:
- Fraudulent or unlawful activities.
- Unauthorized access to systems or accounts.
- Distribution of malware or harmful code.
- Circumvention of security controls.
- Misuse of another person's identity or credentials.
- Distribution of unlawful content.
- Activities that interfere with the operation, security, or availability of the platform.
6. Intellectual Property
PhotoOS software, interface, branding, trademarks, documentation, system design, code, features, and related intellectual property remain the property of PhotoOS Software Pvt. Ltd. or its applicable licensors.
These Terms do not transfer ownership of PhotoOS intellectual property to the user.
Users retain ownership of content that they independently own and upload to PhotoOS, subject to the rights and licenses necessary to operate the platform.
7. User Content
Users are responsible for ensuring that content uploaded to PhotoOS does not violate applicable law or the rights of any third party.
Users grant PhotoOS the limited rights necessary to host, store, process, back up, secure, and provide requested platform services for such content.
This limited operational license does not transfer ownership of user content to PhotoOS Software Pvt. Ltd.
8. Payments and Subscriptions
Paid PhotoOS plans are subject to the applicable subscription fees, taxes, payment terms, renewal conditions, and other charges displayed during checkout or in the relevant subscription documentation.
Payment gateway and payment processor terms may also apply.
8.1 Subscription Cancellation
Users may cancel their subscription through the available PhotoOS subscription controls.
Unless otherwise required by applicable law or expressly stated in a specific offer, cancellation will close access to paid subscription features in accordance with the applicable subscription cancellation process.
8.2 Non-Refundable Subscription Payments
Subscription fees and payments are generally non-refundable.
Cancellation of a subscription does not create any right or entitlement to receive a refund for amounts already paid.
No prorated refund, unused-period refund, or automatic refund will be provided merely because a subscription is cancelled.
Refunds may be considered only in rare and exceptional circumstances, at the sole discretion of PhotoOS Software Pvt. Ltd., subject to applicable law, payment processor rules, and the specific circumstances of the transaction.
Where an exceptional refund is approved, the amount and method of refund may be determined by PhotoOS Software Pvt. Ltd. based on the applicable circumstances.
9. Service Availability
PhotoOS Software Pvt. Ltd. will use reasonable efforts to keep PhotoOS available and operational.
Temporary interruptions may occur due to maintenance, security updates, infrastructure failures, third-party service failures, network problems, force majeure events, or other circumstances beyond reasonable control.
10. Third-Party Services
PhotoOS may use third-party infrastructure, cloud hosting, payment services, email services, analytics services, authentication services, or other third-party providers.
Third-party services may be subject to their own terms, policies, and conditions.
11. Security
PhotoOS Software Pvt. Ltd. will use reasonable technical and organisational safeguards designed to protect the PhotoOS platform and information processed through the platform.
Security measures may include encryption, access controls, role-based permissions, authentication controls, logging, monitoring, and incident-response measures, as appropriate.
12. Suspension and Termination
PhotoOS access may be suspended or terminated where reasonably necessary due to violation of these Terms, security risks, fraud, unlawful activity, non-payment, misuse of the platform, or requirements of applicable law.
After termination, certain information may be retained where required for legal, security, accounting, compliance, dispute-resolution, or other legitimate purposes.
13. Disclaimer
PhotoOS is a business software platform.
Information, calculations, workflows, or features provided through PhotoOS should not be treated as professional legal, tax, financial, accounting, or regulatory advice.
14. Limitation of Liability
To the maximum extent permitted by applicable law, PhotoOS Software Pvt. Ltd. will not be liable for indirect, incidental, special, consequential, or loss-of-profit damages arising from the use of PhotoOS.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
15. Changes to These Terms
PhotoOS Software Pvt. Ltd. may update these Terms and Conditions when reasonably necessary to reflect changes to the platform, services, business practices, legal requirements, or other operational requirements.
Where legally required, appropriate notice will be provided for material changes.
16. Governing Law
These Terms and Conditions shall be governed by the applicable laws of India.
Any dispute shall be subject to the jurisdiction permitted under applicable Indian law.
17. Contact
For questions regarding these Terms and Conditions:
PhotoOS Software Pvt. Ltd.
Please use the official support or contact channel provided through PhotoOS for support and legal-compliance enquiries.
PhotoOS Software Pvt. Ltd. — Terms and Conditions, Version 1.1.
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