Terms of Service

1. Eligibility and accounts

You must be at least 18 years old (or the age of majority where you live) to use the Services. If you use the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

You may need to create an account. You agree to provide accurate information and keep it current. You are responsible for safeguarding your credentials and for activity under your account. Notify us promptly at contact@mail.bokehbooking.com if you suspect unauthorized access.

2. Description of the Services

Bokeh provides online tools for photographers and photo businesses, which may include: client and session management; configurable workflows and tasks; calendar and booking features; email-related tools (including optional connections to your email provider); optional display of payment or payout link information you configure (such as third-party apps); client photo galleries shareable via public links; finance-related views; a feedback channel; marketing pages including a blog and email waitlist; and other features we add or modify over time.

Some features are available only on certain plans or may depend on third-party connections (for example, Google for sign-in, calendar, or email). We do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue parts of the Services with reasonable notice where practicable.

3. Subscriptions, fees, and billing

Certain features require a paid subscription. Plan names, entitlements, and current prices are shown in the Services at checkout or in your account settings. Fees are billed in advance for each billing period unless we state otherwise.

Payment processing. Subscription payments are processed by Stripe (or another processor we designate). You authorize us and our payment processor to charge your chosen payment method. Card and payment details are collected and stored by the processor under its terms and privacy policy, not on our servers.

Auto-renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current rate unless you cancel before renewal. You may cancel through the billing or account tools we provide (including Stripe Customer Portal where available). Canceling stops future charges; you generally retain access through the end of the paid period unless we state otherwise.

Taxes. Fees are stated exclusive of applicable taxes unless we say otherwise. You are responsible for any taxes we are required to collect or that apply to your purchase.

Changes. We may change subscription prices or plan features with reasonable advance notice. If you do not agree, you may cancel before the change takes effect.

Free tiers and trials. If we offer a free tier or trial, we may limit features or duration. We may convert or end free access in line with in-app notices or these Terms.

4. Your content and end-client data

You may upload or enter content through the Services, including photographs, documents, client contact details, notes, and messages ("Your Content"). Between you and us, you retain ownership of Your Content. You grant us a worldwide, non-exclusive license to host, store, reproduce, process, display, and distribute Your Content solely as needed to operate, secure, and improve the Services and as described in our Privacy Policy.

Your responsibilities. You represent and warrant that you have all rights, consents, and permissions needed to submit Your Content and to use the Services in connection with your clients and end users (for example, people who book through your booking page or view a gallery). You are solely responsible for your use of the Services, including compliance with privacy, marketing, copyright, portrait rights, and other laws. We do not provide legal advice.

Public surfaces. Features such as booking links and client galleries may expose information you choose to publish. You control what you share; review settings carefully.

We may remove or restrict Your Content if we reasonably believe it violates these Terms, infringes rights, or poses risk to the Services or others, or if required by law.

5. Acceptable use

You agree not to: (a) use the Services for any unlawful purpose or in violation of any law; (b) violate others' rights, including intellectual property or privacy; (c) upload malware or attempt to disrupt, scrape, or circumvent security or rate limits; (d) access non-public areas or accounts without permission; (e) send unsolicited or deceptive communications using the Services; (f) use the Services to build a competing product by systematic extraction of our data or interfaces; or (g) misuse AI or automation features in ways that violate applicable law or third-party terms.

We may suspend or terminate access for conduct that we believe breaches these Terms or harms the Services or other users.

6. Third-party integrations

The Services may interoperate with third-party products (for example, Google for sign-in, Google Calendar, or Gmail; payment processors; analytics; and AI providers). Those services are governed by their own terms and privacy policies. We do not control and are not responsible for third-party services. Integrations are provided "as is" and may change if a provider modifies its APIs or policies.

7. AI-assisted features

Some features use artificial intelligence to suggest or draft content (for example, email text). Output may be inaccurate or inappropriate. You are responsible for reviewing and approving anything before you send it to third parties. AI output is not legal, financial, or professional advice. Your use of AI features must comply with our Privacy Policy and any applicable provider terms.

8. Intellectual property

The Services, including software, branding, and documentation, are owned by us and our licensors and are protected by intellectual property laws. Except for the limited rights to use the Services under these Terms, we grant you no license to our intellectual property. You may not copy, modify, distribute, sell, lease, reverse engineer, or attempt to extract source code from the Services except where prohibited law gives you a non-waivable right.

9. Disclaimers; limitation of liability

Disclaimer.To the fullest extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

Limitation of liability. To the fullest extent permitted by law, neither Bokeh nor its operators, affiliates, or suppliers will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or other intangible losses, arising from or related to your use of the Services. Our aggregate liability for claims arising from or related to the Services is limited to the greater of (a) the amount you paid us for the Services in the twelve (12) months before the claim or (b) fifty U.S. dollars (USD $50), except where limited by law.

Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the maximum permitted by law.

10. Indemnification

You will defend, indemnify, and hold harmless Bokeh and its operators, affiliates, and personnel from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Services, your violation of these Terms, or your violation of any law or third-party rights.

11. Termination

You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Services (with reasonable notice where feasible). Provisions that by their nature should survive (including intellectual property, disclaimers, limitations of liability, indemnity, and governing law) will survive termination.

12. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede prior understandings on that subject.

Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

No waiver; severability. Failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain in effect.

Governing law. These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-law rules. You agree that the state and federal courts located in North Carolina will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services, subject to applicable law.

Contact. Questions about these Terms: contact@mail.bokehbooking.com.