Terms of Service

Last updated: January 1, 2025

1. Agreement to Terms

By accessing or using Photera ("Service"), operated by Photera Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

Photera is a software-as-a-service platform that provides booking, scheduling, project management, and media delivery tools for real estate photography and media businesses. The Service includes web-based applications, APIs, and related support services.

3. User Accounts

To use certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your password and accept all risks of unauthorized access
  • Immediately notify us of any unauthorized use of your account

You are responsible for all activity that occurs under your account, whether or not you authorized that activity.

4. Fees and Payment

Pay-Per-Use Model: Photera operates on a pay-per-listing model. You are charged a fee for each listing delivered to your clients through the platform. Current pricing is displayed on our website and within the application.

Free Credits: New accounts may receive complimentary delivery credits for testing purposes. These credits have no cash value and may expire.

Payment Processing: Payments are processed through third-party payment processors. By using the Service, you agree to their terms of service. We are not responsible for errors or issues caused by payment processors.

Refunds: Fees are non-refundable except as required by law or at our sole discretion.

5. User Content and Data

Your Content: You retain ownership of all content you upload to the Service, including but not limited to photographs, videos, floor plans, and other media ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to host, store, and display your content solely for the purpose of providing the Service.

Your Responsibilities: You represent and warrant that:

  • You own or have the necessary rights to use and authorize us to use all User Content
  • Your User Content does not violate the privacy rights, publicity rights, copyrights, or other rights of any person or entity
  • You have obtained all necessary consents and releases for any individuals depicted in your content

Data Retention: We may retain your data for a reasonable period after account termination for legal compliance and backup purposes.

6. Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Upload content that is defamatory, obscene, or infringes on intellectual property rights
  • Attempt to gain unauthorized access to the Service or its related systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to transmit malware, viruses, or harmful code
  • Resell, sublicense, or redistribute the Service without our written consent
  • Use automated scripts to collect information from or interact with the Service

7. Intellectual Property

The Service, including its original content, features, and functionality, is owned by Photera Inc. and is protected by international copyright, trademark, and other intellectual property laws. Our trademarks may not be used without our prior written consent.

8. Third-Party Services

The Service may integrate with third-party services (e.g., payment processors, cloud storage, calendar services). We are not responsible for the content, privacy policies, or practices of third-party services. Your use of third-party services is at your own risk.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that: (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or harmful components; or (d) the results of using the Service will meet your requirements.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTERA INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of (or inability to access or use) the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless Photera Inc. and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including intellectual property or privacy rights; or (d) any claim that your User Content caused damage to a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York.

14. Dispute Resolution

Any disputes arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in New York, New York.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Contact Us

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

Photera Inc.
Email: legal@photera.io