Terms of Service

1. Agreement to Terms

FoliFlow ("the Service") is operated by AR Web & Development LLC ("FoliFlow," "we," "us"). By accessing or using the Service, 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.

These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement.

2. Description of Service

FoliFlow is a software-as-a-service (SaaS) platform designed for professional photographers and creative professionals. Our Service provides tools for:

• Creating and managing client galleries
• Photo storage and delivery
• Client proofing and approval workflows
• Contracts, proposals and photo book design
• Client management and gallery analytics
• A photography website with your own branding

3. User Accounts

3.1 Account Creation

To use certain features of the Service, you must register for 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 account password and for any activities or actions under your account. You must immediately notify FoliFlow of any unauthorized use of your account or any other breach of security. FoliFlow will not be liable for any loss or damage arising from your failure to maintain the security of your account.

3.3 Account Termination

You may delete your account or workspace at any time through your settings. Deletion is permanent once it has been carried out, as described in our Privacy Policy. FoliFlow reserves the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion. Deleting a workspace also cancels its subscription: you won't be charged again, and a billing period that has already started isn't refunded (see 4.4).

4. Subscription and Payments

4.1 Free Trial

FoliFlow may offer a free trial of a paid plan to a new workspace. No payment details are needed to start a trial. When the trial ends, the workspace moves to the Free plan unless you choose a paid plan.

4.2 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected billing cycle. Payment is handled by our payment processor.

4.3 Price Changes

FoliFlow reserves the right to modify subscription fees upon 30 days' notice. Price changes will take effect at the start of your next billing cycle. Continued use of the Service after a price change constitutes acceptance of the new pricing.

4.4 Refunds

Payments are non-refundable, except where a refund is required by applicable law. We do not provide prorated or partial refunds for a billing period that has started.

4.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancelling stops future renewals. Your paid plan continues until the end of the billing period you have already paid for; your workspace then moves to the Free plan.

Moving to the Free plan does not delete your content. Galleries, files and documents beyond the Free plan's limits are kept; you cannot add more of what is over a limit until you are back under it or on a larger plan. Cancelling a subscription is not the same as deleting your account or workspace (see 3.3).

5. User Content

5.1 Ownership

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

5.2 License Grant

By uploading User Content, you grant FoliFlow a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your User Content solely for the purpose of providing and improving the Service. This license ends when you delete your User Content or account.

5.3 Content Responsibilities

You are solely responsible for your User Content and the consequences of uploading or sharing it. You represent and warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize FoliFlow to use your User Content
• Your User Content does not infringe upon the rights of any third party
• Your User Content does not violate any applicable laws or regulations

5.4 Prohibited Content

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

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains sexually explicit material involving minors
• Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights
• Contains malware, viruses, or other harmful code
• Violates the privacy or publicity rights of any third party

6. Intellectual Property

The Service, including its original content (excluding User Content), features, and functionality, is owned byAR Web & Development LLC and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

"FoliFlow" and the FoliFlow logo are marks of AR Web & Development LLC. You may not use them without prior written permission.

7. Third-Party Services

The Service relies on and may link to third-party services (for example, our payment processor and our email delivery provider). Your use of such third-party services is subject to their respective terms and privacy policies. FoliFlow is not responsible for the content, privacy practices, or availability of third-party services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLIFLOW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT 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

IN NO EVENT SHALL FOLIFLOW'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT PAID BY YOU TO FOLIFLOW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Disclaimer of Warranties

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

FOLIFLOW DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Indemnification

You agree to defend, indemnify, and hold harmless FoliFlow and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

11. Governing Law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

If a dispute arises from these Terms or your use of the Service, please contact us first so that we can try to resolve it in good faith.

12. Changes to Terms

FoliFlow reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14. Contact Information

If you have any questions about these Terms, please contact AR Web & Development LLC at:

Email: [email protected]
Website: https://foliflow.app