Terms of Service
These Terms of Service ("Terms") govern your access to and use of Skyforge Deliver, a software-as-a-service platform operated by Skyforge Visuals LLC ("Skyforge", "we", "us"). By creating an account or otherwise using the service, you agree to these Terms and our Privacy Policy.
1. Definitions
- Tenant Admin: a paying photographer, videographer, or business that subscribes to Skyforge Deliver to deliver galleries to their own customers.
- Staff: a user invited by a Tenant Admin to manage media on the Tenant's workspace.
- Customer: a person who receives media from a Tenant Admin via Skyforge Deliver, including via direct invitation or via a public gallery link.
- Workspace: a Tenant Admin's isolated section of Skyforge Deliver, including their media, customers, branding, and billing.
2. Eligibility and accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Tenant Admin or Staff account. You must provide accurate registration information and keep it current. You are responsible for all activity that occurs under your account.
You may not share login credentials. If you suspect your account has been compromised, notify us at contact@skyforgevisuals.com immediately.
3. Subscription, billing, and trials
Tenant Admins subscribe to Skyforge Deliver under one of the published plans (Starter, Professional, or other tiers offered from time to time). Subscription fees are billed in advance, monthly or annually, and automatically renew at the end of each billing period until cancelled.
Trials, where offered, are granted in good faith. To prevent abuse, we may require a valid payment method to start a trial; we will not charge that method until the trial converts to a paid subscription. Trials are limited to one per business or photographer.
Usage that exceeds your plan's storage or bandwidth allowance may be billed as overage at the rates published in your account settings. Overage charges are billed monthly together with the next subscription period.
4. Cancellation and refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access to the service until then. We do not offer prorated refunds for partial billing periods unless required by law.
If we materially change these Terms or the service in a way that disadvantages you, you may cancel and request a refund of unused prepaid fees within 30 days of the change.
5. Customer purchases and Stripe / Square Connect
Tenant Admins use Skyforge Deliver to sell media to their own Customers, settling payment through Stripe Connect or Square. Skyforge is not a party to the transaction between a Tenant Admin and their Customer. Refund, dispute, and tax obligations between a Tenant Admin and their Customer are the Tenant Admin's responsibility.
Skyforge does not take any fee from individual Customer purchases. Stripe and Square charge their own processing fees, governed by the Tenant Admin's agreement with those providers.
6. Media ownership and license
Tenant Admins and Staff retain all rights, title, and interest in the photos, videos, and other media they upload. By uploading media, you grant Skyforge a non-exclusive, worldwide, royalty-free license to store, transmit, watermark, generate thumbnails of, and display that media solely as needed to operate the service for you and to deliver it to your Customers.
Skyforge does not use uploaded media to train artificial-intelligence models, sell or license media to third parties, or use media for our own marketing without explicit written permission.
Customers who purchase media obtain whatever rights the Tenant Admin grants them in their own agreement with the Tenant Admin. Skyforge delivers the bytes; we are not a party to the licensing terms between a Tenant Admin and their Customer.
7. Acceptable use
You may not, and you may not allow others to:
- Use the service for any unlawful purpose or to infringe anyone's intellectual-property rights.
- Upload media that is illegal in the United States, including child sexual abuse material — accounts found doing so will be terminated immediately and reported to authorities.
- Upload malware, attempt to compromise the service or other users' accounts, or scrape the service in violation of these Terms.
- Use the service to send unsolicited bulk email or to facilitate fraud.
- Resell or sublicense the service itself to third parties (using the service to deliver media to your own customers is what it is for; reselling Skyforge as a white-label product to other photography businesses is not permitted without a separate written agreement).
8. Suspension and termination
We may suspend or terminate any account that violates these Terms or that we reasonably believe creates risk for us, our other users, or third parties. We will give reasonable notice when feasible.
On termination of a Tenant Admin account, we will retain a copy of the workspace data for 30 days during which the Tenant Admin may request an export. After 30 days, data may be permanently deleted.
9. Service availability and modifications
We strive to keep Skyforge Deliver available 24/7 but cannot guarantee uninterrupted operation. Maintenance windows, third-party outages, and other events may cause downtime. Status updates are posted at status.skyforgevisuals.com.
We may add, change, or remove features over time. Material changes that adversely affect functionality will be announced at least 30 days in advance.
10. Disclaimers
The service is provided "as is" and "as available". To the maximum extent permitted by law, Skyforge disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or free of harmful components.
11. Limitation of liability
To the maximum extent permitted by law, Skyforge's aggregate liability arising out of or related to the service will not exceed the greater of (a) the fees paid by you in the twelve months preceding the event giving rise to liability, or (b) one hundred U.S. dollars. Skyforge will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, data, or goodwill.
12. Indemnification
You agree to indemnify and hold harmless Skyforge from any claim arising out of (a) media you upload or deliver via the service that infringes a third party's rights, (b) your violation of these Terms, or (c) your violation of any law.
13. Governing law and disputes
These Terms are governed by the laws of the State of [STATE TBD — LAWYER TO CONFIRM] without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms will be resolved by binding arbitration administered by the American Arbitration Association in [VENUE TBD — LAWYER TO CONFIRM], except that either party may bring small-claims actions in their local court.
You agree that any dispute will be resolved on an individual basis; class actions and class arbitrations are not permitted, except where such waiver is unenforceable under applicable law.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced via email to active accounts and posted prominently in the application at least 30 days before they take effect. Continued use of the service after changes take effect constitutes acceptance.
15. Contact
Skyforge Visuals LLC
Email: contact@skyforgevisuals.com