Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of GallerySilo, including our website, applications, and services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you are using the Platform on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Description of Services

GallerySilo is a software platform that provides photographers with tools to:

• Create and manage client photo galleries
• Share galleries securely with clients using PIN protection
• Sell digital photo downloads
• Accept online bookings for photography services
• Process payments through integrated payment services
• Manage scheduling and availability
• Maintain a public portfolio and profile

3. User Accounts

3.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Types

Photographer Accounts: Created by photographers to upload galleries, manage services, and receive payments.

Client Access: Clients access galleries through unique links and PIN codes provided by photographers. Clients do not create accounts on the Platform.

4. Subscription Plans and Fees

4.1 Free and Paid Plans

GallerySilo offers both free and paid subscription plans. The features and limitations of each plan are described on our Pricing page. We reserve the right to modify our plans and pricing at any time with reasonable notice.

4.2 Billing

Paid subscriptions are billed on a monthly basis. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. No refunds will be provided for partial billing periods.

4.4 Plan Downgrade

If you downgrade from a paid plan to a free plan, you may lose access to certain features and your usage may be subject to free plan limitations (e.g., storage limits, gallery limits).

5. Payments and Revenue Share

5.1 Payment Processing

Payments for bookings and photo sales are processed through Stripe Connect. To receive payments, photographers must connect a valid Stripe account. By using our payment features, you agree to Stripe's Terms of Service and Privacy Policy.

5.2 Platform Fee

GallerySilo charges a 10% platform fee on all transactions processed through the Platform (bookings and photo sales). The remaining 90% is paid directly to your connected Stripe account. This fee covers payment processing costs and platform infrastructure.

5.3 Refunds and Disputes

Photographers are responsible for handling refund requests and disputes with their clients. GallerySilo does not provide refunds for platform fees on refunded transactions. You agree to handle all customer service issues related to your services and sales.

5.4 Taxes

You are solely responsible for determining and remitting any taxes applicable to your earnings from the Platform. GallerySilo does not withhold taxes on your behalf.

6. User Content

6.1 Ownership

You retain all ownership rights to the content you upload to the Platform, including photographs, text, and other materials ("User Content"). GallerySilo does not claim ownership of your User Content.

6.2 License Grant

By uploading User Content, you grant GallerySilo a non-exclusive, worldwide, royalty-free license to host, store, display, and distribute your User Content solely for the purpose of operating and providing the Platform services. This license terminates when you delete your User Content or close your account.

6.3 Responsibility for Content

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and authorize use of your User Content
• Your User Content does not infringe any third party's intellectual property, privacy, or other rights
• Your User Content complies with all applicable laws
• You have obtained all necessary releases and consents from individuals depicted in your photographs

6.4 Prohibited Content

You may not upload, share, or distribute content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Depicts or promotes violence, hate speech, or discrimination
• Contains sexually explicit material or exploits minors
• Infringes any patent, trademark, copyright, or other intellectual property rights
• Contains malware, viruses, or other harmful code
• Violates any applicable law or regulation

7. Bookings and Services

7.1 Photographer Responsibilities

Photographers who offer services through the Platform are solely responsible for:

• Accurately describing their services, pricing, and availability
• Fulfilling booked appointments and delivering services as described
• Communicating with clients regarding scheduling changes
• Complying with all applicable laws and regulations related to their business
• Maintaining appropriate business licenses and insurance

7.2 No Agency Relationship

GallerySilo is not a party to agreements between photographers and clients. We do not control or guarantee the quality, safety, or legality of services offered. Photographers are independent contractors, not employees or agents of GallerySilo.

7.3 Cancellations

Cancellation policies for bookings are determined by individual photographers. GallerySilo is not responsible for enforcing cancellation policies or processing refunds for cancelled bookings.

8. Digital Downloads and Sales

8.1 Photo Sales

Photographers may sell digital downloads of their photographs through the Platform. Pricing is set by the photographer. Upon purchase, clients receive access to download the purchased photos.

8.2 Download Tokens

Access to purchased photos is provided through time-limited download tokens. Clients are responsible for downloading their purchases within the specified time period.

8.3 Usage Rights

The specific usage rights granted to clients for purchased photos are determined by the photographer. Unless otherwise specified, purchased photos are licensed for personal, non-commercial use only.

9. Gallery Access and Security

9.1 PIN Protection

Galleries are protected by PIN codes. Photographers are responsible for securely sharing gallery access information with their clients.

9.2 Gallery Expiration

Galleries may be set to expire after a specified period. Once expired, galleries may be archived or deleted according to the photographer's settings and plan limitations.

9.3 Client Responsibilities

Clients accessing galleries agree not to share access credentials with unauthorized parties and to respect the photographer's copyright and usage restrictions.

10. Intellectual Property

10.1 Platform IP

The Platform, including its design, features, functionality, and content (excluding User Content), is owned by GallerySilo and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform.

10.2 Copyright Infringement

We respect intellectual property rights and expect users to do the same. If you believe your copyrighted work has been infringed on the Platform, please contact us with details of the alleged infringement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• GALLERYSILO IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
• WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
• IN NO EVENT SHALL GALLERYSILO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR DISPUTES BETWEEN PHOTOGRAPHERS AND CLIENTS, INCLUDING ISSUES RELATED TO SERVICE QUALITY, DELIVERY, OR REFUNDS.
• WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE TO YOUR USER CONTENT, INCLUDING PHOTOGRAPHS.

12. Indemnification

You agree to indemnify, defend, and hold harmless GallerySilo and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Platform
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your services provided through the Platform (for photographers)
• Disputes with your clients

13. Termination

13.1 By You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Platform will cease immediately.

13.2 By Us

We may suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Upon request by law enforcement or government agencies

13.3 Effect of Termination

Upon termination, your User Content may be deleted. We recommend downloading any important content before terminating your account. Provisions of these Terms that by their nature should survive termination shall survive.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

You agree to waive any right to a jury trial or to participate in a class action lawsuit.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and GallerySilo regarding the Platform.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

17. Contact Information

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