Terms of Service

Who we are and what this covers

Photerra, Inc. ("Photerra", "we", "our", "us") operates the Photerra mobile application, the website at photerra.com, the share links and share cards served from map.photerra.com, the embeddable Photerra Nearby widget, and all related services, features, APIs and content (together, the "Service").

These Terms of Service ("Terms") are a binding agreement between you and Photerra. They apply together with our Privacy Policy (the "Agreements"). Photerra, Inc. is a Delaware corporation with its principal place of business in San Francisco, California.

Your agreement to these Terms

You agree to these Terms when you create an account, or when you use the Service without an account.

We present these Terms to you at the point of sign-up — by every sign-up method, including Google and Apple sign-in — with a link you can open before you continue. Creating an account is your agreement to be bound.

If you do not agree, do not use the Service.

Changes to these Terms

We may change these Terms. If a change is material, we will give you at least 30 days' notice before it takes effect — by email to your account address, by in-app notice, or both — and we will say what changed.

• Changes apply going forward only. They never apply retroactively to a dispute that arose before the change took effect.
• If you don't want to accept a material change, you may close your account before it takes effect, and the old Terms govern everything up to that point.
• Non-material changes (typos, clarifications, new contact details, new features that don't reduce your rights) take effect when posted.
• If you have opted out of arbitration under Section 21.9, a change to Section 21 does not revive it.

Eligibility

You must be at least 18 years old to use the Service. By using it, you represent that you are 18 or older and have the legal capacity to enter into these Terms.

We do not direct the Service to children, and we do not knowingly collect information from anyone under 18. If we learn that an account belongs to someone under 18, we will close it and delete the associated content and personal information.

App-store age signals. Where an app store gives us an age signal or parental-consent signal about your account — for example under the Texas, Utah or Louisiana App Store Accountability Acts — we may rely on it, and we use it only to comply with those laws. We do not use it for any other purpose, and we delete it after use.

Your account

• You need an account to post, save, follow or plan. Provide accurate information and keep it current.
• One account per person. Don't share credentials, sell an account, or transfer one.
• You are responsible for activity under your account. Tell us at legal@photerra.com immediately if you believe it has been compromised.
• We may suspend or close accounts that contain false information, that violate these Terms, or that have been inactive for an extended period. Where we close an account for inactivity, we will give you advance notice and a chance to keep it.

What the Service does

6.1 Spots and user content

You can discover and contribute geo-tagged locations ("Spots") — restaurants, landmarks, viewpoints and other points of interest. You may post photographs, descriptions, ratings, tips and other material associated with Spots (together, "User Content").

To establish a baseline of content in newer hubs, some Spots were contributed by Photerra's founder and early community members. Like all Spots on the Service, these are genuine photographs taken by the people who posted them.

The Service may also display openly licensed photographs and place data sourced from public archives and open geographic databases (such as Wikimedia Commons, OpenStreetMap, Overture Maps and Wikidata). Any such photographs are visibly labelled with their source, author and licence; are presented as a distinct tier that is never represented as traveller-verified; and may be replaced as travellers contribute verified photographs of the same place.

If you are the photographer of an openly licensed archive photograph shown on the Service and want it removed, tell us — in the app via the report option "I'm the photographer — remove my photo", or by email to legal@photerra.com — and we will remove it promptly. We honour those requests as a matter of policy even where the licence would permit continued use.

Verified place names and related place metadata may be derived from those open geographic databases, with attribution provided on the Service.

6.2 Trips and itineraries

You can create, save and share travel itineraries composed of Spots. Itineraries may be kept private or shared. Content you mark private is not published, is not included in any API output, and is not shown in the widget.

6.3 Social features

You can follow other people, share Spots and itineraries, and engage with community content. You are responsible for your interactions with other users. We are not a party to them.

6.4 Affiliate booking links

The Service includes links to third-party travel providers — accommodation, tours, activities, transport, insurance and similar ("Booking Partners"). These are affiliate links: if you click one and complete a transaction, Photerra may earn a commission. That commission does not change your price.

Photerra is not a party to any transaction between you and a Booking Partner, does not act as a travel agent, insurance producer or broker, and does not guarantee the availability, pricing, quality, legality or safety of any third-party product or service. Every booking is governed by the Booking Partner's own terms and privacy policy. Read them.

6.5 Location, access and your safety — read this

A Spot records where a photograph was taken. It is not a representation by Photerra that the location is safe, legally accessible, open to the public, or suitable for any activity.

Conditions change. Access rules, permits, fees, opening hours, private-property boundaries, seasonal closures, tides, weather and hazards are yours to verify before and during any visit. You are solely responsible for your own safety and conduct, including compliance with all laws, postings and property rights.

Do not enter private property or restricted areas to reach a Spot. Never assume a coordinate implies a right of access. Where drone use, tripods, commercial photography or entry permits are regulated, that is on you.

To the maximum extent permitted by law, Photerra is not liable for injury, loss, citation, prosecution or damage arising from your visit to any location shown on the Service.

6.6 AI-generated features

Parts of the Service are produced by artificial-intelligence systems — suggested itineraries, spot categories, captions and related descriptions. We label these where they appear.

AI output can be inaccurate, incomplete or out of date, and may describe a place incorrectly. It is provided for planning convenience only. It is not professional, travel-safety, medical or legal advice, and it must not be your sole basis for any decision involving safety, legality or significant cost. Verify routes, opening status, access and conditions against authoritative sources.

6.7 Beta features

We sometimes ship features marked beta, preview or experimental. They are provided as-is, may change or disappear without notice, and are excluded from any commitment in these Terms.

Your content

7.1 You own it

You keep ownership of everything you post. Photerra claims no ownership of your User Content.

7.2 The licence you give us — and its limits

By posting User Content, you grant Photerra a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt (only for technical purposes such as resizing, cropping to fit a layout, format conversion and thumbnail generation), publish, publicly display, publicly perform and distribute your User Content for the purpose of operating, securing and promoting the Service.

That includes displaying your public content on photerra.com, in share links and share cards, in the Photerra Nearby widget, and in Photerra's own marketing of the Service — in each case subject to your privacy settings, including Quiet Mode.

What this licence does not allow. For clarity, and notwithstanding anything else in these Terms:

• We do not use your User Content to train, fine-tune or otherwise develop artificial-intelligence or machine-learning models, and we do not permit our vendors to use it to train theirs. Where we send a photo to an AI provider to generate a caption or category, or to screen it for safety, that is a per-request inference call under a contract that prohibits training on the submitted content.
• We do not sell your User Content, and we do not license it to third parties for their own use, except under the opt-in programme in Section 7.5.
• We do not use "improving the Service" as a basis for anything beyond ordinary product analytics and debugging. If we ever want a broader right, we will ask you for it separately and specifically.

Duration. This licence lasts as long as your User Content is on the Service, plus a short period afterwards for caching, backups and archival processes, as described in the Privacy Policy. If you delete a photo or your account, we remove it from the Service and from every surface that draws on the Service — including the widget and the public website — and we delete the underlying files. The licence does not survive deletion except to the limited extent needed to complete those processes, and except for copies we are legally required to preserve (Section 11).

Sublicences already granted. Nothing in this Section grants sublicences to third parties. The only route by which a third party obtains rights in your content is Section 7.5, and only if you enrol.

7.3 What you promise about your content

You represent and warrant that, for everything you post:

• You took the photograph, or you have all rights and permissions needed to post it and to grant the licence in Section 7.2.
• It does not infringe anyone's copyright, trademark, privacy, publicity, moral or other rights.
• People in your photographs. If your photograph shows an identifiable person, you have any consent required by the law of the place where it was taken and the place where it will be seen — including, where applicable, consent under data-protection law for photographs taken in the EEA or the UK, and under image-rights or biometric statutes elsewhere. Do not post photographs of children in a way that identifies them or their location.
• Private and restricted places. You did not trespass, breach a permit condition, or violate a site's photography rules to take it, and posting it does not expose a location whose custodians have asked for it to be kept confidential — for example sensitive archaeological, ecological or sacred sites.
• It is not unlawful, defamatory, obscene, harassing, deceptive or otherwise prohibited by Section 8.
• Its geolocation is accurate to the best of your knowledge.

7.4 Content that comes off the Service

You may delete your content at any time. We may remove content under Section 12.

Removing an account or a photo does not, by itself, erase copies that other people have already saved, screenshotted or shared outside the Service. We control our surfaces; we do not control the internet.

7.5 Optional commercial licensing programme (does not exist yet)

Photerra may in future offer an optional programme under which participating contributors license their public User Content for commercial distribution — for example through a paid API — in exchange for a share of the revenue Photerra earns from that distribution. If we launch it:

• Opt-in only. Your content enters the programme only if you explicitly enrol, per item or globally, in settings. Not enrolling never limits your use of the Service, never reduces your visibility on it, and never affects your account in any way.
• A separate licence. Enrolment grants Photerra a distinct, worldwide, non-exclusive, sublicensable licence to distribute, display and license your enrolled public User Content to programme customers, with attribution handled per your settings, including Quiet Mode.
• Still no AI training, unless you say so separately. Enrolment alone does not permit programme customers to train AI models on your content. Any AI-training use will be a separate, clearly-labelled, separately-priced election that you make yourself.
• Withdrawal. You may withdraw at any time. Withdrawal stops all new sublicensing immediately. Sublicences already granted to programme customers before your withdrawal survive for the remainder of their then-current term — that is what makes the licences usable — but are not renewed, and we will tell you the maximum term before you enrol. That term will not exceed 12 months.
• Money. The revenue-share formula, payment thresholds, tax handling and payment schedule will be stated in the programme terms presented at enrolment, before you enrol.
• Privacy mechanics. If the programme would constitute a "sale" or "sharing" of personal information under applicable privacy law, we will provide the legally required notice, opt-out (including honouring Global Privacy Control) and Notice of Financial Incentive before any distribution begins. Some jurisdictions prohibit the sale of precise geolocation outright, regardless of consent; we will not distribute contributor-linked precise coordinates into those jurisdictions. See the Privacy Policy.

Openly licensed archive content under Section 6.1 is never included in any commercial licensing programme. Only User Content whose contributor has enrolled.

7.6 Feedback

If you send us ideas, suggestions or feature requests, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation or compensation. Don't send us anything you consider confidential.

Things you must not do

You agree not to, and not to help anyone else:

Content

• Post anything unlawful, defamatory, fraudulent, obscene, harassing, hateful, or that incites violence.
• Post intimate images of any person without their consent, including synthetic or AI-generated depictions ("deepfakes"). See Section 10.
• Post, request or solicit any material that sexually exploits a minor. We report this to the National Center for Missing & Exploited Children and preserve records as US law requires. See Section 11.
• Post photographs you do not have the right to share, or that infringe anyone's rights.
• Post Spots with intentionally false coordinates, fake places, or fraudulent descriptions.
• Impersonate Photerra, a Photerra employee, another user or anyone else.
• Post another person's private information (address, phone, precise home location, identity documents) without their consent.
• Use the Service to dox, stalk or track a person.

Conduct

• Enter private property, closed areas or otherwise restricted locations without authorisation — to photograph a Spot or to visit one — or post content encouraging others to do so.
• Harass, threaten or bully other users.
• Manipulate engagement — fake accounts, vote rings, bought follows, spam.
• Circumvent or manipulate affiliate links, tracking codes or commission structures.

Technical

• Access the Service with bots, scrapers or crawlers, or systematically download or store Spot data, images or metadata for use outside the Service, except through an authorised API plan.
• Attempt to gain unauthorised access to the Service, other accounts, or connected systems.
• Introduce malware, or interfere with or disrupt the Service or its infrastructure.
• Reverse engineer, decompile or disassemble any part of the Service, except to the extent that restriction is unenforceable under applicable law.
• Use the Service to build a competing product or dataset.
• Remove, obscure or alter any proprietary notice, attribution or credit.

Legal

• Use the Service in violation of any applicable law, or of US export-control or sanctions law. You represent that you are not located in, and not ordinarily resident in, a country or region subject to comprehensive US sanctions, and that you are not on any US government restricted-party list.

Copyright — DMCA notice and counter-notice

We respond to copyright notices under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

9.1 Designated agent

9.2 Sending a notice

Your notice must include all of the following, or it may not be effective:

• A physical or electronic signature of the copyright owner or a person authorised to act for them.
• Identification of the copyrighted work claimed to be infringed.
• Identification of the material claimed to be infringing, with enough detail for us to locate it (a direct link is best).
• Your address, telephone number and email address.
• A statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorised to act on the owner's behalf.

Misrepresenting that material is infringing can make you liable for damages, including costs and legal fees, under 17 U.S.C. § 512(f). If you are unsure whether a use is infringing, take advice first.

9.3 Counter-notice

If we removed your content because of a copyright notice and you believe that was a mistake or a misidentification, you may send a counter-notice to the agent above containing:

• Your physical or electronic signature.
• Identification of the removed material and the location where it appeared before removal.
• A statement, under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification.
• Your name, address and telephone number, and a statement that you consent to the jurisdiction of the US federal district court for the judicial district where you live (or, if you live outside the US, for any judicial district in which Photerra may be found), and that you will accept service of process from the person who sent the original notice or their agent.

If we receive a valid counter-notice, we will forward it to the original complainant and tell them we will restore the material in 10–14 business days unless they notify us that they have filed a court action seeking to restrain the activity.

9.4 Repeat infringers

We maintain and reasonably implement a repeat-infringer policy. We record every copyright notice we receive against an account, assess whether it is valid, warn on the first and second valid notice, and terminate accounts that accumulate three valid notices within any 12-month period — sooner in cases of egregious or wilful infringement. Notices we reject as defective, notices that are withdrawn, and notices you successfully counter-notice do not count toward that total. Terminated repeat infringers may not open new accounts.

Non-consensual intimate imagery — how to get it removed

Posting an intimate visual depiction of an identifiable person without their consent is prohibited, whether the image is real or a computer-generated or AI-generated forgery.

If an intimate image of you has been posted on Photerra without your consent, you can ask us to remove it:

What we need. A signed statement that you are the person depicted (or their authorised representative) and that you did not consent to the posting, enough information for us to find the image, and contact details so we can reach you. You do not need to send us a copy of the image.

What we do. Within 48 hours of receiving a valid request we will remove the depiction and make reasonable efforts to remove known identical copies. We will confirm by email. We may also suspend the account that posted it.

If we cannot act. If we cannot verify the request, or we conclude the depiction is not covered, we will tell you why and how to give us more information.

We provide this process under the TAKE IT DOWN Act, 15 U.S.C. § 6851 note. It does not replace any other legal right you have, and using it is free.

Child safety

Photerra has zero tolerance for child sexual abuse material and for any sexualisation of minors.

• Every photograph uploaded to the Service is screened by automated systems before it is published and before any other automated processing.
• Where United States law requires it, we report apparent child sexual abuse material to the CyberTipline operated by the National Center for Missing & Exploited Children, and preserve the associated content and records for the period required by 18 U.S.C. § 2258A as amended by the REPORT Act.
• Accounts involved are terminated.
• Content under an active preservation obligation cannot be deleted by the account holder until that obligation expires. This is the one circumstance in which deleting your account will not immediately delete your content.

To report child sexual exploitation on Photerra, email legal@photerra.com with the subject line "URGENT — child safety", or report directly to NCMEC at CyberTipline.org.

Moderation, enforcement and appeals

12.1 What we may do

We may review, and where necessary restrict, any content or account. We are not obliged to monitor, and reviewing some content does not make us responsible for all of it.

Where content or an account violates these Terms or the law, we may: remove or hide the content; limit its distribution; suspend features; restrict, suspend or terminate the account; or refuse to publish it in the first place.

12.2 How we decide — including automated means

We use automated systems. Every uploaded photograph is screened automatically before publication by image-classification models. Content the systems flag may be held from publication, hidden, or removed. Some of those decisions are made automatically, without a person reviewing them first.

You can ask for a human to review any automated decision that affects your content or account, using Section 12.3.

12.3 Statement of reasons, and how to appeal

If we remove your content, restrict its visibility, suspend a feature, or suspend or terminate your account, we will tell you:

• what we did;
• what content or conduct it concerned;
• whether the decision was made by automated means;
• which rule or law it was based on; and
• how to appeal.

To appeal, reply to that notice or email legal@photerra.com within 6 months. A person who was not involved in the original decision will review it, and we will tell you the outcome and the reasons. If we got it wrong we will reinstate the content or the account.

We will not restrict an account for exercising a legal right, for making a good-faith report, or for appealing.

12.4 Reporting illegal content to us

Anyone — user or not — can report content they believe is illegal or violates these Terms:

• In the app: the report control on any Spot, comment or profile.
• By email: legal@photerra.com.
• Copyright: Section 9. Intimate imagery: Section 10. Child safety: Section 11.

Tell us where the content is, why you think it is illegal or violating, and how to reach you. We will confirm receipt, review it without undue delay, tell you what we decided and why, and tell you how to appeal if you disagree. Where we use automated tools in that review, we will say so.

Photerra's intellectual property

The Service — its design, software, features, text, graphics, logos, curated place data, and the compilation and arrangement of Spot data — is owned by Photerra, Inc. and protected by copyright, trademark, database and other laws. Your User Content is yours; the Service around it is ours.

You may not reproduce, distribute, modify or create derivative works from any part of the Service except as these Terms expressly allow.

"Photerra", the Photerra logo, and related marks are trademarks of Photerra, Inc. Do not use them without written permission, except to refer to the Service factually and accurately.

The Photerra API

14.1 Access

We may offer an application programming interface providing access to Spot data — photographs, metadata, coordinates, descriptions, ratings and related information ("API Data"). API access is governed by separate API Terms of Use and pricing, provided at registration, which incorporate these Terms.

14.2 Licence

Subject to the API Terms and payment of fees, we grant API users a limited, non-exclusive, non-transferable, revocable licence to access and use API Data for the purposes the applicable plan permits. Where a plan expressly includes display rights, API users may display API Data — including photographs, with the attribution the API supplies — inside their own products for the plan's permitted purposes. API users may not otherwise sublicense, resell or redistribute API Data, and may not use it to train AI models.

14.3 User Content in the API

API Data includes User Content only as Section 7 permits. Content distributed through any commercial API programme is limited to User Content whose contributor has enrolled in the optional programme in Section 7.5. Private content is never included.

14.4 Limits

We may impose rate limits, quotas and other restrictions. Excessive or abusive use may result in throttling, suspension or termination. API users must not use the API to build a competing service, bulk-scrape, or circumvent the Service's intended functionality.

14.5 Availability

We do not guarantee uninterrupted API availability, and we may modify, deprecate or discontinue the API or any feature with reasonable notice.

Embedding the Photerra Nearby widget

Photerra offers a free embeddable widget that displays photographs and place information from the Service on third-party websites. If you embed it, this Section applies in addition to the rest of these Terms, and you accept it by embedding.

• Licence. We grant you a non-exclusive, revocable, royalty-free, non-transferable licence to display the widget on websites you own or operate, including commercial ones, for as long as these terms are met. No account or payment is required.
• Attribution is a condition, not a courtesy. You may not remove, obscure, overlay, resize into illegibility, or otherwise interfere with the photographer credits, the licence and source links shown for openly licensed archive photography, or the "Powered by Photerra" mark. These carry obligations owed to photographers, not to us. Interfering with them terminates this licence automatically.
• No modification of content. You may configure location, layout, theme and colours through the options we provide. You may not alter, crop, filter, re-host, cache, scrape or extract the photographs or data the widget displays, or present them as your own or as another party's.
• Contributor rights are unchanged. Photographers keep copyright in their photographs, and their privacy choices are honoured inside the widget exactly as elsewhere. Content removed from the Service — by a contributor, by us, or in response to a legal request — disappears from every embed automatically. You must not retain copies that would defeat that.
• Prohibited contexts. The widget may not be embedded on sites that are unlawful, that promote hate or harassment, that are sexually explicit, or that would associate contributors' photographs with any of the above. It may not be placed inside an advertising unit, sold, sublicensed, or presented as a paid feature of your own product.
• No availability commitment. The widget is provided as-is and free of charge. We may change, rate-limit or discontinue it, or revoke any individual embed, at any time, without notice or liability. It is an enhancement to your site and must not be relied on as essential functionality.
• What it does not do. The widget renders inside an isolated frame. Its content is therefore not part of your page for search-indexing purposes, and we make no representation that it will improve your search rankings.
• Privacy. The widget sets no cookies and creates no visitor identifier. The Embeddable Widget section of our Privacy Policy states exactly what is and is not processed. You are not disclosing your visitors' personal data to us beyond what is described there, and we do not act as your processor.
• Your responsibility. You are responsible for your site and for how you present the widget on it, and you will indemnify us under Section 19 for claims arising from your use of it.

Third-party links and services

The Service links to websites, Booking Partners and services that Photerra does not own or control. We are not responsible for their content, practices or terms. Your dealings with them are between you and them. Review their terms and privacy policies.

Where the Service incorporates third-party components — including map tiles, map software, and place data from open databases — your use is also subject to those providers' terms, which we identify on the relevant surface.

Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTERRA DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ACCURACY.

PHOTERRA DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (B) RESULTS OBTAINED FROM IT WILL BE ACCURATE OR RELIABLE; (C) ANY SPOT DATA, USER CONTENT, AI OUTPUT OR THIRD-PARTY INFORMATION WILL BE ACCURATE, COMPLETE, CURRENT OR SAFE TO RELY ON; OR (D) ANY BOOKING PARTNER TRANSACTION WILL MEET YOUR EXPECTATIONS.

PHOTERRA DOES NOT ENDORSE, VERIFY OR GUARANTEE ANY USER CONTENT, SPOT INFORMATION, LOCATION, ROUTE OR BOOKING PARTNER OFFERING. YOU USE THE SERVICE AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms excludes or limits any right you have as a consumer that cannot be excluded or limited by the law of your country of residence.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTERRA AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, DATA, USE, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY BOOKING PARTNER TRANSACTION, ANY USER CONTENT, ANY LOCATION SHOWN ON THE SERVICE, OR ANY CONDUCT OF THIRD PARTIES ON THE SERVICE — WHETHER BASED IN WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY.

PHOTERRA'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID PHOTERRA IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

These limits do not apply to: liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; or any liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Indemnification

You will indemnify, defend and hold harmless Photerra and its officers, directors, employees, agents and affiliates from any claim, liability, damage, loss, cost or expense (including reasonable legal fees) arising out of or related to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms; (d) your violation of any third party's rights, including the rights of people appearing in your photographs; (e) your entry onto any property or your conduct at any location; (f) your transaction with a Booking Partner; or (g) your embedding of the widget.

We will notify you of any claim we seek indemnity for, and you may control the defence with counsel reasonably acceptable to us — but you may not settle any claim in a way that admits fault on our behalf or imposes any obligation on us without our written consent.

If you are a consumer resident in a jurisdiction that limits consumer indemnities, this Section applies only to the extent that jurisdiction permits.

Suspension and termination

By you. Delete your account at any time in the app (Settings → Delete account) or at photerra.com/delete-account. No email chain required.

By us. We may suspend or terminate your access if you breach these Terms, if we are required to by law, if your account creates risk or legal exposure for us or other users, or if we discontinue the Service. Except where a breach is serious or immediate action is needed, we will give you notice and, where appropriate, a chance to fix it. We will always tell you why, and how to appeal (Section 12.3).

Effect. Your right to use the Service ends. We delete your account and content as described in the Privacy Policy, subject to legal-hold obligations (Section 11). Sections 7.2 (to the limited extent stated), 7.3, 7.5, 7.6, 8, 9, 13, 14, 15, 17, 18, 19, 21 and 22 survive termination.

Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN A CLASS ACTION. YOU CAN OPT OUT — SECTION 21.9.

21.1 Talk to us first

Before starting arbitration or a lawsuit, send a Notice of Dispute to legal@photerra.com (and by post to the address in Section 24) with your name, the email on your account, a description of the dispute, and the relief you want. We will do the same if we have a dispute with you. Both of us agree to try in good faith to resolve it for 60 days from the date of the notice. This is a precondition to filing, and the limitation period is tolled while it runs.

21.2 Governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, and by the Federal Arbitration Act as to this Section 21.

If you are a consumer resident in the EEA, the United Kingdom, Switzerland, or another jurisdiction whose law gives you non-waivable rights, nothing in these Terms deprives you of the protection of the mandatory law of your country of residence, and you may bring proceedings in the courts of your country of residence. Sections 21.3–21.8 do not apply to you to the extent your local law prohibits them.

21.3 Individual arbitration

Except as stated in Sections 21.2, 21.6 and 21.7, you and Photerra agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, administered by JAMS under its Streamlined Arbitration Rules and its Consumer Arbitration Minimum Standards, which are incorporated here and which control over any inconsistent rule.

• Where. In the county where you live, or by videoconference or on written submissions, at your election. You will never be required to travel to San Francisco.
• Cost. Photerra pays all JAMS filing, administrative and arbitrator fees above the consumer filing fee capped by the JAMS Consumer Minimum Standards. If the arbitrator finds your claim frivolous or brought for an improper purpose, we may seek to recover fees to the extent the Federal Arbitration Act permits.
• Small claims. Either of us may instead bring an individual claim in small-claims court if it qualifies. Filing there is not a waiver of this Section.
• Awards. The arbitrator may award any relief a court could award on an individual basis, must apply these Terms and applicable law, and must issue a written reasoned decision. Judgment may be entered in any court with jurisdiction.

21.4 Who decides what

The arbitrator decides all issues of arbitrability, including the scope, interpretation, applicability and enforceability of this Section — except that a court, not an arbitrator, decides (a) whether Section 21.5 is enforceable, (b) any dispute about Section 21.7, and (c) whether a claim belongs in small-claims court.

21.5 No class or representative actions

YOU AND PHOTERRA AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT UNDER THE BATCHING PROTOCOL IN SECTION 21.8.

If this Section 21.5 is found unenforceable as to a particular claim or request for relief, that claim or request must be brought in court and is severed from arbitration — the rest of Section 21 continues to apply to all other claims.

21.6 Carve-outs

Either of us may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misappropriation of intellectual property rights, without first satisfying Section 21.1.

21.7 Public injunctive relief

Nothing in these Terms waives, and Photerra does not seek to waive, your right to seek public injunctive relief in any forum. If a claim for public injunctive relief is asserted, that claim alone is severed and stayed pending the outcome of arbitration of the individual claims, and is then litigated in the state or federal courts located in San Francisco County, California. The severance of that claim does not invalidate the rest of this Section 21.

21.8 If many similar claims are filed at once

If 25 or more claimants file demands raising substantially common issues against Photerra within a 90-day period, and are represented by the same or coordinated counsel, the claims will proceed in batches of up to 50, in the order filed:

• All claimants in a batch are assigned to a single arbitrator selected under the JAMS rules, and each batch is resolved as a single arbitration for fee purposes.
• Each claimant retains an individual right to be heard, to present their own evidence, and to receive their own award. No determination in one claimant's case binds another claimant who had no opportunity to be heard in it.
• Limitation periods are tolled for all claimants outside the current batch, from the date their demand is filed until their batch begins.
• After the first two batches conclude, either side may request a global mediation of the remaining claims, and both sides will participate in good faith.
• Any claimant may opt out of batching and proceed individually at any time.

21.9 Your right to opt out of arbitration

You may opt out of Sections 21.3–21.8 within 30 days of first accepting these Terms (or, for existing users, within 30 days of the effective date of this version). Email legal@photerra.com with the subject line "Arbitration opt-out" and include your name and the email address on your account. That is all it takes. Opting out does not affect anything else in these Terms, and we will not treat you differently for it. If you opt out, disputes go to the courts identified in Section 21.10.

21.10 Courts

For any dispute not subject to arbitration, you and Photerra consent to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California — subject always to Section 21.2 for consumers with non-waivable local rights, and to your right to sue in small-claims court where you live.

21.11 Time limit

To the extent permitted by law, any claim relating to the Service must be filed within one year after it arises, or it is permanently barred. This does not apply where the law of your jurisdiction prohibits shortening the limitation period, and does not apply to claims brought by Photerra for intellectual-property infringement.

General

22.1 Entire agreement

These Terms, the Privacy Policy, and any API Terms of Use are the entire agreement between you and Photerra about the Service, and supersede prior agreements on the subject.

22.2 Severability

If any provision is held unenforceable, it is modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the rest remains in effect — except as Sections 21.5 and 21.7 specifically provide.

22.3 No waiver

Not enforcing a provision is not a waiver of it.

22.4 Assignment

You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, on notice to you.

22.5 No third-party beneficiaries

These Terms create no third-party beneficiary rights, except as Section 23 provides for Apple.

22.6 Force majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, labour disputes, internet or infrastructure failure, or epidemics.

22.7 Notices and electronic communications

By creating an account you consent to receive communications from us electronically — service announcements, security alerts, legal notices, and, where you have opted in, marketing. Electronic notices satisfy any legal requirement that a communication be in writing. You may withdraw consent to electronic delivery of legal notices by writing to us, but we may then close your account, since we cannot operate the Service by post. You may opt out of marketing at any time via the unsubscribe link or in-app notification settings; you cannot opt out of transactional and security messages while you have an account.

Notices to you go to the email address on your account. Notices to us go to legal@photerra.com and to the postal address in Section 24.

22.8 Language and headings

These Terms are drafted in English; a translation is provided for convenience and the English version controls to the extent permitted by law. Headings are for reference only.

22.9 Government users

The Service is a "commercial item" as defined in 48 C.F.R. § 2.101. US Government end users acquire only the rights stated here.

Apple App Store — additional terms

These terms apply if you obtained the Photerra app from the Apple App Store, and control over anything inconsistent elsewhere in these Terms as to Apple:

• These Terms are between you and Photerra only, not Apple. Photerra, not Apple, is solely responsible for the app and its content.
• Scope of licence. Your licence to use the app is a non-transferable licence to use it on any Apple-branded device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms of Service, except that the app may be accessed by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. Photerra is solely responsible for any maintenance and support. Apple has no obligation to furnish any maintenance or support.
• Warranty. Photerra is solely responsible for any product warranties, express or implied, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Product claims. Photerra, not Apple, is responsible for addressing any claims relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer-protection or similar legislation.
• Intellectual property claims. Photerra, not Apple, is responsible for the investigation, defence, settlement and discharge of any third-party claim that the app or your use of it infringes that third party's intellectual property rights.
• Legal compliance. You represent that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints or claims about the app should be directed to Photerra at legal@photerra.com and the postal address in Section 24.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the app.
• Apple is a third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

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