1. Definitions

"Classroom Captures," "we," "us," or "our" refers to Classroom Captures and its operators.

"Service" means the Classroom Captures platform, website, applications, and all related services.

"Photographer" means a professional photographer or photography business that subscribes to the Service to manage school photography workflows.

"School" means any educational institution, school district, or authorized school representative that uses the Service through a Photographer's account.

"Parent" means a parent, guardian, or authorized family member who accesses student photo galleries through the Service.

"Student Data" means any personally identifiable information related to students, including names, grade levels, teacher assignments, photographs, and Gallery IDs.

"Gallery ID" means the unique code (in XXX-XXX format) assigned to each student for accessing their photo gallery.

"Content" means any data, text, images, photographs, or other materials uploaded to or generated through the Service.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old to create a Photographer account. By registering, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms.

2.2 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 keep your account information updated.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.4 One Account Per User

Each Photographer account is for a single user or business entity. You may not share account credentials or allow others to access your account.

3. Service Description

3.1 Platform Overview

Classroom Captures provides a software-as-a-service platform that enables Photographers to:

• Manage school and district hierarchies
• Import and organize student roster data
• Generate QR codes and Gallery IDs for photo identification
• Sort photographs using QR code scanning technology
• Create and sync photo galleries with SmugMug
• Enable parent access to student photo galleries

3.2 Third-Party Integrations

The Service integrates with third-party platforms including SmugMug for photo hosting and sales. Your use of these third-party services is subject to their respective terms of service and privacy policies.

3.3 Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

4. Subscription Plans and Payment

4.1 Subscription Options

Photographers may subscribe to the Service on a monthly ($59/month) or annual ($499/year) basis. Pricing is subject to change with 30 days' notice to existing subscribers.

4.2 Free Trial

New Photographers may be eligible for a 14-day free trial. At the end of the trial period, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

4.3 Payment Processing

All payments are processed through Stripe. By subscribing, you authorize us to charge your designated payment method for all applicable fees. You agree to provide accurate billing information and to update it promptly if it changes.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless canceled. You may cancel your subscription at any time through your account settings.

4.5 Refunds

Monthly subscriptions are non-refundable. Annual subscriptions may be eligible for a prorated refund within the first 30 days if you are dissatisfied with the Service. After 30 days, annual subscriptions are non-refundable.

4.6 Taxes

Subscription fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

5. Photographer Responsibilities

5.1 Compliance with Laws

Photographers are responsible for ensuring their use of the Service complies with all applicable laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA), Children's Online Privacy Protection Act (COPPA), and applicable state student privacy laws.

5.2 School Agreements

Photographers are responsible for obtaining all necessary agreements, permissions, and authorizations from Schools before uploading Student Data to the Service. This includes executing appropriate Data Processing Agreements where required.

5.3 Data Accuracy

Photographers are responsible for the accuracy and completeness of all Student Data uploaded to the Service.

5.4 Appropriate Use

Photographers agree to use the Service only for legitimate school photography purposes. Photographers shall not use Student Data for marketing, advertising, or any purpose unrelated to fulfilling photography services.

5.5 SmugMug Account

Photographers must maintain an active SmugMug account with valid API credentials to use the gallery creation and synchronization features of the Service.

5.6 Parent Communications

Photographers are responsible for distributing Gallery IDs and QR codes to Schools and families in a secure manner that protects student privacy.

6. School Responsibilities

6.1 Authorization

Schools accessing the Service through a Photographer's account represent that they have the authority to share Student Data with the Photographer for school photography purposes.

6.2 Parent Notification

Schools are responsible for providing appropriate notice to parents regarding the use of third-party photography services and the sharing of directory information.

6.3 Opt-Out Management

Schools are responsible for identifying and communicating to Photographers any students who have opted out of directory information disclosure or school photography.

7. Parent and Gallery Access

7.1 Gallery Access

Parents may access their child's photo gallery using the Gallery ID or QR code provided by the School or Photographer. No account registration is required for gallery viewing.

7.2 Photo Purchases

Photo viewing and purchases are facilitated through SmugMug. All photo sales transactions are governed by SmugMug's terms of service.

7.3 Limited Use

Gallery IDs are intended for use by the student's parents, guardians, and immediate family members. Parents agree not to share Gallery IDs publicly or with unauthorized individuals.

8. Student Data and Privacy

8.1 Data Protection

We are committed to protecting Student Data in accordance with applicable privacy laws. Our collection, use, and protection of Student Data is described in our Privacy Policy for Schools, Parents, and Students.

8.2 Limited Use of Student Data

We use Student Data solely to provide the Service and do not use Student Data for advertising, marketing, or creating profiles for non-educational purposes.

8.3 No Sale of Data

We do not sell, rent, or trade Student Data to any third party.

8.4 Data Retention

Student Data is retained only as long as necessary to provide the Service or as directed by the Photographer. Upon termination of a Photographer's account, associated Student Data will be deleted within 90 days.

8.5 Security Measures

We implement industry-standard security measures to protect Student Data, including encryption in transit and at rest, secure authentication, and access controls.

9. Intellectual Property

9.1 Our Intellectual Property

The Service, including its design, features, functionality, and underlying technology, is owned by Classroom Captures and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service.

9.2 Your Content

You retain ownership of all Content you upload to the Service. By uploading Content, you grant us a limited, non-exclusive license to use, store, and process that Content solely to provide the Service.

9.3 Photographs

All photographs uploaded to the Service remain the property of the Photographer. We claim no ownership rights over photographs processed through the Service.

9.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation.

10. Acceptable Use

10.1 Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Upload Content that infringes on intellectual property rights
• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use the Service to harass, abuse, or harm others
• Scrape, crawl, or use automated means to access the Service without permission
• Resell or redistribute the Service without authorization
• Use Student Data for purposes other than school photography

10.2 Content Standards

All Content uploaded to the Service must be appropriate for educational settings. You may not upload Content that is obscene, defamatory, threatening, or otherwise objectionable.

11. Third-Party Services

11.1 Integrations

The Service integrates with third-party services including SmugMug, Stripe, and Amazon Web Services. Your use of these services is subject to their respective terms and policies.

11.2 Links

The Service may contain links to third-party websites. We are not responsible for the content or practices of linked websites.

11.3 No Endorsement

Reference to third-party services does not constitute an endorsement. We are not liable for any issues arising from your use of third-party services.

12. Disclaimers

12.1 "As Is" Service

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

12.2 No Guarantee

We do not guarantee that the Service will be uninterrupted, error-free, or secure. We do not guarantee the accuracy or completeness of any information provided through the Service.

12.3 QR Code Scanning

While we strive for accurate QR code detection, we do not guarantee 100% accuracy in all lighting conditions or image qualities. Photographers are responsible for verifying photo sorting accuracy before delivery.

12.4 SmugMug Integration

We are not responsible for issues arising from SmugMug's service, including but not limited to gallery availability, photo quality, or sales transactions.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLASSROOM CAPTURES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

13.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13.3 Essential Purpose

THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to indemnify, defend, and hold harmless Classroom Captures and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws
• Content you upload to the Service
• Your failure to obtain necessary permissions or agreements from Schools or parents

15. Term and Termination

15.1 Term

These Terms remain in effect while you use the Service.

15.2 Termination by You

You may terminate your account at any time by canceling your subscription and ceasing use of the Service.

15.3 Termination by Us

We may suspend or terminate your access to the Service at any time for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of subscription fees
• Fraudulent or illegal activity
• Extended periods of inactivity
• Requests by law enforcement

15.4 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• We may delete your account data within 90 days
• You remain responsible for any outstanding fees
• Provisions that by their nature should survive termination shall survive

15.5 Data Export

Before termination, you may request an export of your data. We will provide reasonable assistance in exporting your Content, subject to our data retention policies.

16. Dispute Resolution

16.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at [[email protected]] and attempt to resolve the dispute informally for at least 30 days.

16.2 Arbitration

Any dispute not resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Utah, and judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.4 Exceptions

Either party may bring suit in court for injunctive relief to protect intellectual property rights or to prevent imminent harm.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any Data Processing Agreements, constitute the entire agreement between you and Classroom Captures regarding the Service.

17.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

17.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

17.5 Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.

17.6 Governing Law

These Terms shall be governed by the laws of the State of [Your State], without regard to conflict of law principles.

17.7 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including natural disasters, acts of government, or internet service interruptions.

17.8 Notices

We may send notices to you via email or through the Service. You may send notices to us at:

Classroom Captures
Email: [email protected]
Address: 3219 S Pecos Dr., Washington, Utah 85780

18. Contact Information

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

Classroom Captures
Email: [email protected]
Website: www.classroomcaptures.com