Terms of Service

1.Who these terms are between

These Terms of Service ("Terms") are an agreement between ListingMediaHub ("ListingMediaHub," "we," "us," or "our") and the photography studio or media business that registers for an account ("Company," "you," or "your"). By creating an account, subscribing, or using the platform, you agree to these Terms on behalf of your business and confirm you have authority to do so.

If you are a real estate agent or property client booking a shoot, these Terms do not govern your booking. Your booking is with the Company you are working with, under that Company's own booking terms.

2.What ListingMediaHub is

ListingMediaHub is white-label software that lets your studio run bookings, scheduling, media delivery, client messaging, and payment collection under your own brand. We provide the technology. You provide the photography services, set your own policies, and own the relationship with your clients.

We are not a photography provider, a party to your shoots, or a marketplace that resells your services. We do not assign photographers, set your prices, or control the quality or delivery of your work.

3.Your account and authorized users

You are responsible for all activity under your account, including activity by photographers, editors, staff, and any other authorized users you add. You agree to keep login credentials secure and to make sure your users follow these Terms. You are responsible for the accuracy of the information you and your users enter into the platform.

4.Fees and payment

You agree to pay the subscription and per-job fees shown at signup or in your current plan. Fees are billed on the schedule described in your plan and are non-refundable except where required by law or expressly stated otherwise.

Where the platform collects payments from your clients, for example releasing media once a client pays, those payments are processed through our third-party payment processor. You are the merchant of record for your shoots. You are responsible for your own pricing, taxes, refunds, chargebacks, and any obligations to your clients. We may deduct or invoice our per-job fee in connection with those transactions as described in your plan.

We may change our fees on reasonable notice. Continued use after a fee change means you accept the new fees.

5.Your responsibilities

You agree to:

• Provide accurate business, tax, and payment information and keep it current.
• Maintain your own agreement with your clients covering bookings, cancellations, refunds, deliverables, and media licensing.
• Deliver your photography services and handle client disputes yourself.
• Comply with all laws that apply to your business, including consumer protection, tax, and privacy laws.
• Not use the platform to store or send unlawful, infringing, or harmful content.

6.Your clients and your own booking terms

The platform lets you present booking terms to your clients under your own brand. Those terms, and the contract for each shoot, are between you and your client. We provide a customizable template as a convenience, but you are responsible for the terms you present and for making sure they fit your business and your jurisdiction. We are not a party to any agreement between you and your clients.

7.Media, content, and licenses

You and your photographers own or license the media and content you upload. We do not claim ownership of your media.

You grant us a limited license to host, store, process, transmit, and display your media and content only as needed to operate the platform and provide the service to you, for example storing files, delivering them to your clients, and generating previews. This license ends when the content is deleted or your account is closed, except for backups retained for a reasonable period or as required by law.

You are responsible for having the rights and releases needed for any content you upload, including property and personal releases where applicable.

8.Acceptable use

You agree not to:

• Resell, sublicense, or provide the platform to third parties except your own clients and authorized users in the normal course of your business.
• Reverse engineer, copy, or attempt to extract the source code of the platform.
• Interfere with or disrupt the platform, its security, or other users.
• Use the platform for anything unlawful or to infringe anyone's rights.

9.Data and privacy

Our handling of personal information is described in our Privacy Policy. You are responsible for the personal information you and your clients enter into the platform, for having a lawful basis to process it, and for your own privacy obligations to your clients.

10.Service availability and support

We work to keep the platform available and reliable, but we do not guarantee uninterrupted or error-free service. We may perform maintenance, update features, or modify the platform over time. Support is provided as described in your plan.

11.Disclaimer of warranties

The platform is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will meet your requirements or that results obtained through it will be accurate or reliable.

12.Limitation of liability

To the fullest extent permitted by law, ListingMediaHub is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or relating to the platform.

We are not liable for anything relating to your shoots, your photography services, your media, your pricing, or your relationship with your clients. Those are your responsibility as the service provider and merchant of record.

Our total liability for any claim relating to these Terms or the platform will not exceed the fees you paid to us in the three months before the event giving rise to the claim.

13.Indemnification

You agree to defend, indemnify, and hold harmless ListingMediaHub from any claims, damages, losses, and costs, including reasonable legal fees, arising out of your use of the platform, your photography services, your media, your relationship or disputes with your clients, or your breach of these Terms.

14.Term, suspension, and termination

These Terms apply while you have an account. You may close your account at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or use the platform in a way that creates legal or security risk. On termination, your right to use the platform ends. We will make your data available for export for a reasonable period unless prohibited by law.

15.Changes to these terms

We may update these Terms from time to time. If we make material changes, we will give reasonable notice. Continued use of the platform after changes take effect means you accept the updated Terms.

16.Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in Florida for any dispute that is not otherwise resolved.

17.Contact