These terms govern your use of Fovea. Please read them carefully. This Service is offered to users in the United States.
1. Acceptance of these terms
These Terms of Service (“Terms”) form a binding agreement between you and Fovea (“Fovea,” “we,” “us,” or “our”) governing your use of our website, web application, and companion mobile apps (collectively, the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Fovea is a marketplace and business-management platform that connects photographers and studios (“studios”) with the customers who book sessions and receive galleries. These Terms apply to everyone who uses the Service, in both roles.
2. Eligibility
You must be at least 18 years old (or the age of legal majority in your state, if higher) to create an account and use the Service. By using the Service, you represent that you meet this requirement, that the information you provide is accurate, and that you have the authority to agree to these Terms (including, if you are acting on behalf of a studio or other business, the authority to bind that business). The Service is offered to users in the United States and is not directed to users outside it.
3. Accounts and security
You are responsible for the activity that happens under your account. You agree to provide accurate account information and keep it current, to keep your login credentials confidential, and to notify us promptly at legal@fovea.pro if you suspect any unauthorized use of your account. You may not share your account with others or transfer it without our consent. We are not liable for losses arising from unauthorized use of your account that results from your failure to safeguard your credentials.
4. Acceptable use
You agree not to:
- Use the Service for any unlawful, fraudulent, or deceptive purpose.
- Upload or share content you do not have the rights to, or that infringes the intellectual-property, privacy, or publicity rights of others.
- Upload unlawful, harmful, harassing, or abusive content, including content that violates the privacy or publicity rights of any person depicted, or that depicts a minor in any unlawful way.
- Attempt to disrupt, overload, reverse engineer, scrape, or gain unauthorized access to the Service, its security features, or other users' data.
- Misuse messaging, reviews, or bookings to harass, spam, defraud, or mislead others, or to circumvent the Service's fees in bad faith.
We may remove content or suspend accounts that we reasonably believe violate these rules.
5. Studio and customer roles and responsibilities
The Service supports two roles, each with its own responsibilities.
Studios are independent businesses that offer photography services. A studio is responsible for its own services, scheduling, pricing, deposits, refund and cancellation policies, the content it uploads, obtaining any necessary model or property releases and consents from the people it photographs, and complying with the laws and tax obligations that apply to its business. Studios are responsible for their relationships with their own clients.
Customers are responsible for providing accurate booking information, paying agreed amounts, communicating respectfully, and using delivered photos only as permitted by the license they receive from the studio (see Section 7). Bookings, sessions, and deliverables are agreed between the customer and the studio.
6. Payments, deposits, and fees
Payments on the Service are processed by our payment processor, Stripe, including through Stripe Connect for studio payouts. By making or receiving payments through the Service, you also agree to Stripe's applicable terms, and you authorize the relevant charges, deposits, and payouts. Fovea stores only payment references, never raw card data (see our Privacy Policy).
Studios set their own prices, deposits, and payment schedules. When a customer pays for a session, deposit, or print order, the funds are processed through Stripe and, after any applicable deductions, paid out to the studio's connected Stripe account.
Platform fee. Fovea may charge a platform fee on transactions facilitated through the Service, and any subscription fees that apply to a studio's plan are billed as described at sign-up. Where a fee applies, it is disclosed before the transaction is completed.
Refunds and cancellations. Refunds, deposits, and cancellations are governed by the individual studio's own policy, not by Fovea. Because Fovea is not a party to the agreement between a studio and its customer (see Section 8), refund disputes are resolved between the customer and the studio. Where a refund is issued, previously deducted platform or processing fees may be non-refundable to the extent permitted by law and the studio's policy.
7. Content ownership and license
You keep your rights. Studios retain ownership of and copyright in the photographs and other work they create and upload, and all users retain ownership of the other content they provide (such as messages, reviews, and profile information). These Terms do not transfer ownership of your content to Fovea.
License to Fovea. By uploading or providing content, you grant Fovea a limited, non-exclusive, royalty-free, worldwide license to host, store, process, reproduce, and display that content solely as needed to operate and provide the Service: for example, to store a gallery, deliver it to its intended recipients, generate thumbnails and previews, and show a studio's public marketplace profile. This license lasts only as long as needed to provide the Service and ends when the content is deleted, except for backups or records we are required to keep. We do not use your photos to advertise or to train third-party advertising models.
License to customers. When a studio delivers a gallery, the customer receives a license to the delivered images on the terms the studio sets (for example, for personal, non-commercial use). The exact scope of that license is between the studio and the customer; unless the studio agrees otherwise, delivery of images does not transfer copyright to the customer.
Your representations. You represent that you own or have the necessary rights, releases, and consents for the content you upload, and that your content and its use through the Service do not violate any law or any third party's rights.
8. Marketplace disclaimer
Fovea provides a platform that helps studios and customers find each other and manage bookings, galleries, messaging, and payments. Fovea is not a party to the contract for photography services between a studio and a customer. We do not employ studios, we do not provide photography services, and we do not control or guarantee the quality, safety, legality, timing, or delivery of any session, gallery, or print order. Studios are independent contractors with respect to their customers.
Any agreement for a session is directly between the customer and the studio. Disputes about services, deliverables, refunds, or conduct are between those parties. While we may offer support tools to help, we are not obligated to mediate or resolve such disputes, and we are not responsible for the acts or omissions of any studio or customer.
9. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if we reasonably believe your use creates risk or legal exposure for us or others, or if required by law. Upon termination, your right to use the Service ends. Provisions that by their nature should survive, including content licenses needed to deliver already-shared galleries, payment obligations, disclaimers, limitations of liability, and the records (including financial records, which may be retained with identifiers anonymized) described in our Privacy Policy, will survive termination.
10. Disclaimers and limitation of liability
The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. We expressly disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of data loss, or that any content delivered through it will meet your expectations.
To the fullest extent permitted by law, Fovea and its officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost data, or loss of goodwill, arising out of or related to your use of (or inability to use) the Service. To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amounts you paid to Fovea in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars (US$100). Some jurisdictions do not allow certain of these limitations, so some may not apply to you.
11. Governing law
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware [PLACEHOLDER] confirm governing-law state with counsel, without regard to its conflict-of-laws rules, and the Service is offered only within the United States. Venue, any arbitration agreement, and any class-action waiver should be confirmed with counsel before launch.
12. Changes to these terms
We may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, notify you (for example, within the app). Your continued use of the Service after an update takes effect means you accept the revised Terms. If you do not agree to the changes, you should stop using the Service.
