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Terms of Service

These Terms govern your use of ShootCal Galleries ("the Service"), operated by Ryan Smith Photography, LLC. By creating an account or using the Service, you agree to these Terms.

The service

The Service lets photographers ("Studios") upload, organize, host, and deliver photo galleries to their clients, with optional passwords, PINs, downloads, and (where offered) print ordering. The Service is offered on free and paid subscription plans.

Your account

• You are responsible for your account credentials and for activity under your account.
• You must provide accurate information and be authorized to use the email address you register.
• You are responsible for keeping your own backups of your photos. The Service is not a backup service, and while we take reasonable care and keep our own backups, you should not rely on it as your sole copy.

Your content and ownership

You retain all rights to the photos and content you upload. You grant us the limited license needed to store, process (for example, to generate display-size and preview images), and deliver your galleries as you direct. You represent that you have the rights and any necessary permissions to upload and share the content, including the rights of any people depicted.

Acceptable use and prohibited content

ShootCal Galleries is a safe-for-work platform for professional photography such as weddings, families, portraits, and events. You are solely responsible for the content you upload and share, and you must have the rights and permissions to do so, including the consent of any identifiable people depicted. You agree not to use the Service to store, share, or transmit content that:

• is child sexual abuse material (CSAM) or sexually exploits or endangers any minor. This is strictly prohibited and reported to authorities.
• is sexually explicit, pornographic, or contains nudity. The Service is for safe-for-work content only.
• is otherwise illegal, or promotes or facilitates illegal activity;
• infringes any copyright, trademark, privacy, publicity, or other right, or that you do not have the right to distribute;
• is intimate or private imagery shared without the consent of the people depicted;
• is graphically violent, or is malware, or is used to abuse, overload, probe, or breach the Service.

We may remove content, take galleries offline, and suspend or terminate accounts that violate this policy or applicable law, with or without notice. We use automated systems, including industry-standard hash-matching and scanning technology, to detect apparent child sexual abuse material in uploads. We cooperate with law enforcement and, as required by law, report apparent child sexual abuse material to the National Center for Missing & Exploited Children (NCMEC) and preserve related records; associated accounts are terminated.

Reporting abuse, illegal content, or copyright (DMCA)

To report content that is illegal, infringing, or violates this policy, use the “Report this gallery” link at the bottom of any gallery, or email abuse-reports@shootcal.com. For copyright complaints, include the work claimed to be infringed, the gallery URL, your contact information, and a statement of good-faith belief and accuracy. We review reports promptly and remove violating content. To report suspected child exploitation directly, contact the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.

Payments and subscriptions

• Paid plans are billed through Stripe on a recurring, month-to-month basis until canceled. You can cancel at any time; access continues through the end of the current billing period.
• Plans include a storage allowance; exceeding it may prevent new uploads until you free space or upgrade.
• Fees are non-refundable except where required by law.

Client print purchases

Buying prints from a photographer's gallery? The short, plain-language Print Purchase Terms are written for you and are what the print-store checkout links to. In summary: if you buy a print or photo product, the Studio identified at checkout is the seller and your first contact for order support. ShootCal provides checkout and coordinates fulfillment through Stripe and WHCC. Products are made to order. Request any address, crop, product, or cancellation change from the Studio immediately; after the print lab accepts the order, changes and cancellation are generally unavailable. If an item arrives damaged or appears to have a manufacturing defect, contact the Studio promptly with the order number and requested evidence so it can review available replacement or lab-remedy options. The price, shipping, applicable tax, seller identity, and purchase notice shown immediately before payment are part of your order terms. Nothing in this section limits non-waivable consumer rights under applicable law.

Print-store sales

If you enable a print store, the following additional terms apply:

• You are the seller. Your connected Stripe account receives each client's payment as a direct charge. You set the retail price, offer the products under your studio name, and are identified to the client as the seller. As between you and ShootCal, except where applicable law requires otherwise, you—not ShootCal or the lab—make the sale and are the seller and merchant of record. You are responsible for customer service, promised delivery and return policies, refunds, fraud, disputes, chargebacks, Stripe processing and dispute fees, and compliance with laws that apply to your sale. You represent that the legal business identified in your ShootCal and connected Stripe accounts is the business making each sale and that you are authorized to bind it.
• Retail taxes. Tax status and classification are governed by applicable law and cannot be changed by these Terms. As between you and ShootCal, except to the extent applicable law imposes a nonwaivable obligation directly on ShootCal, you are financially responsible for determining where your business must register and for accurately configuring, calculating, collecting, reporting, filing, and remitting sales, use, excise, marketplace, or similar taxes arising from your gallery sales. You represent that each registration associated with the connected Stripe account belongs to the exact legal business using ShootCal, is accurate and current, and was obtained from the appropriate authority before collection begins. If you use ShootCal's simple one-state setup, you expressly instruct us to add the state you select to that business's Stripe Tax account as active immediately based solely on your certification that the business is already authorized there; we do not independently determine nexus or verify a government registration. Stripe Tax and any ShootCal calculation, report, threshold notice, or classification are tools only and are not tax or legal advice. Adding a registration to Stripe does not register your business with a government, and Stripe's optional registration and filing services are separate services. ShootCal may calculate, collect, withhold, report, file, or remit taxes, and may request related information from you, when we reasonably believe applicable law or a taxing authority requires it. Any such action does not assume or eliminate your remaining obligations.
• Tax records and cooperation. You must keep registration, exemption, transaction, refund, fulfillment-origin, product-treatment, filing, and payment records for the period required by law; promptly update changed information; and provide reasonably requested evidence or cooperation for an audit, inquiry, return, correction, or customer claim involving your sales. You must promptly notify us of material tax-authority correspondence involving ShootCal transactions. We may pause checkout when information is missing, inconsistent, expired, or unavailable, or when continued processing could violate law or processor requirements.
• Tax reimbursement. To the extent permitted by law, you will reimburse ShootCal for taxes, assessments, interest, penalties, refunds, and reasonable out-of-pocket legal, accounting, or collection costs to the extent caused by your inaccurate or late information, unauthorized instructions, misclassification, failure to maintain a represented registration, breach of these Terms, or failure to satisfy an obligation allocated to you. This does not apply to the extent a final determination attributes the loss to ShootCal's breach, gross negligence, willful misconduct, or a nonwaivable duty imposed solely on ShootCal. We may apply finally determined amounts you owe against credits or refunds otherwise payable to you and may use reasonable collection measures. We will not debit your bank account or payment method for a tax obligation without a separate valid authorization.
• Lab cost and commission. You authorize the application fee disclosed at checkout or in your plan. It may include the estimated wholesale product, lab shipping, and wholesale-tax basis, plus the disclosed ShootCal commission. Before production, we reconcile that estimate to the lab's binding total: a documented shortfall uses the authorization below, and an overage is returned to your Stripe balance. Unless we state otherwise, commission is calculated on the product subtotal before Studio-funded discounts or print credits; it does not include retail tax.
• Studio-funded print credits. Galleries print credits are Studio-funded promotional discounts, not gift cards, cash equivalents, or client-purchased stored value. You may not sell them or represent them as prepaid funds. If you promise a print credit as part of a separately invoiced package, you are responsible for correctly classifying, collecting, documenting, reporting, and remitting any tax due on that original transaction and its later fulfillment. A zero-dollar Galleries checkout does not determine or erase tax that was due on an earlier invoice.
• Fulfillment credit-card authorization. You must maintain an eligible credit card with Stripe for fulfillment adjustments; debit and prepaid cards are not accepted for this purpose. You authorize ShootCal to charge that card off-session solely for a documented shortfall equal to the binding lab product, shipping, and wholesale-tax total plus the disclosed commission, minus the amount ShootCal already received from that order, plus a separate fulfillment payment processing amount that reimburses Stripe's actual processing cost for collecting the shortfall. This is a charge to your Studio, not an added charge to your client, and ShootCal adds no margin. We may initially charge the processing estimate disclosed in your order records, verify Stripe's settlement, and refund any excess before production. If Stripe's verified net is still below the documented shortfall solely because its actual processing cost exceeded the estimate, you authorize a bounded follow-up for the remaining deficit. There will be no more than three successful charges for an order, their aggregate is subject to the disclosed system cap, and no charge may duplicate principal already recovered. We may retry a declined attempt after you update or confirm your card. We identify the order, principal, processing cost, and aggregate total in your records and by email. If the order is stopped before lab acceptance, we return the recoverable fulfillment principal and any estimate excess, but Stripe's nonrefundable processing cost remains your responsibility. This authorization continues for obligations incurred before you disable the store or close your account.
• No unpaid order goes to production. If an adjustment or its settlement verification fails, we may hold the order, pause the store, and require an updated payment method. You remain responsible for valid, incurred lab costs, disclosed commissions, Stripe processing and dispute fees, and reasonable collection costs caused by an adjustment refund, reversal, or dispute. To the extent permitted by law, we may apply credits or refunds we otherwise owe you to an unpaid balance and may use reasonable collection measures.
• Review window and chargebacks. You authorize us to send paid orders and the necessary image and shipping data to our print-lab provider after the selected review window. The delay reduces avoidable fulfillment loss but does not guarantee that a payment cannot later be disputed or reversed. Before lab acceptance we may stop a refunded or disputed order. After lab acceptance, custom production generally cannot be canceled and its lab cost remains your responsibility even if you refund the client or lose a dispute.
• Lab issues. Prints are custom goods produced by a third-party lab. You must promptly report verified manufacturing or shipping defects and cooperate with photo or return requests. Any reprint, replacement, or lab credit is subject to the lab's then-current policy; ShootCal does not guarantee that every customer complaint qualifies. Orders are placed with the lab on ShootCal's account, so lab issues are routed through ShootCal: send the order reference shown on the order page (and photos of the item and packaging) to ShootCal support and we coordinate the remake with the lab on your behalf.
• Your protection of the Service. You will indemnify, defend, and hold harmless Ryan Smith Photography, LLC and its service providers from third-party claims and reasonable losses to the extent arising from your images, your retail promises, your tax obligations, inaccurate information, or your violation of these Terms. We will give reasonable notice and cooperation, you may control the defense with qualified counsel, and you may not settle a claim in a way that admits fault by or imposes a nonmonetary obligation on us without written consent. This obligation does not apply to the extent a loss is caused by our breach, gross negligence, willful misconduct, or a nonwaivable duty imposed solely on us. Obligations concerning completed sales, lab costs, fees, taxes, disputes, reimbursements, and chargebacks survive suspension or termination.

Beta

The Service is in active development. Features may change, and some (such as print ordering) may be limited or unavailable. We provide the Service "as is" during this period.

Termination

You may stop using the Service and request account deletion at any time. We may suspend or terminate accounts that violate these Terms. On termination, galleries and stored content may be deleted, but we may retain order, transaction, tax, consent, dispute, fulfillment, security, and legally required records as described in the Privacy Policy.

Disclaimers and limitation of liability

The Service is provided "as is" and "as available," without warranties of any kind to the maximum extent permitted by law. To the fullest extent permitted by law, Ryan Smith Photography, LLC will not be liable for indirect, incidental, or consequential damages, or for lost data or profits, and our total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the claim.

Governing law

These Terms are governed by the laws of South Carolina, USA, without regard to conflict-of-laws rules.

Changes

We may update these Terms; continued use after changes take effect constitutes acceptance. Material changes will be reflected by the "last updated" date above.

Contact

Questions about these Terms? Email support@shootcal.com.