Terms & Conditions

These Terms and Conditions (the Terms) govern your use of the Folio Suite platform at gallerybuild.relinquishedpresence.com.au and any of its photographer subdomains and custom domains (collectively, the Service). The Service is operated by Joshua Wayne Morrison-Francis T/A Folio Suite (ABN 18 484 472 057) (we, us or our). Please read these Terms carefully. By accessing or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

These Terms work alongside our Privacy Policy, which describes how we collect, hold and use your personal information. The two documents should be read together.

1. Who can use Folio Suite

Folio Suite is intended for use by:

• Photographers who have an account on the platform, for the purpose of hosting galleries and delivering their work to clients;
• Clients who are invited by a photographer to view a gallery, by share link or personal login, for the purpose of viewing, favouriting and (where enabled) downloading their photographs;
• Assistants or additional users that a photographer adds to their own account to help manage their gallery; and
• Platform owners and administrators (currently the operator) who maintain the platform.

You must be at least 16 years of age to register an account, or if younger, you must have the supervision and consent of a parent or guardian. By using the Service you confirm that you meet this requirement.

2. Your account

Photographer accounts are created on Folio Suite by invitation and are identified by an email address and password. You agree that you will:

• provide accurate information when registering or being registered;
• keep your account credentials confidential and not share them with anyone else;
• notify us promptly if you believe your account has been compromised; and
• be responsible for all activity that occurs under your account.

We never store your password in plain text — only a one-way hash. Accounts are provided at our discretion and may be declined, suspended or removed in accordance with these Terms.

3. Your content — ownership and licence

You own the photographs and other content you upload. Uploading content to Folio Suite does not transfer your copyright or moral rights. You retain ownership and may continue to use your content however you wish elsewhere.

By uploading content to the Service, you grant us a non-exclusive, royalty-free, worldwide licence to:

• store the content on our servers;
• display it to you and to the clients and users you authorise, for the purpose of operating your gallery;
• process the content (including generating resized previews, thumbnails and derivative image sizes, and converting colour spaces where required);
• make backup copies for the purpose of maintaining the Service.

This licence is granted only for the period your content is stored on the Service (see Section 9 — Retention) and terminates automatically when the content is deleted. We do not claim any ownership of, or right to sell or market, your photographs.

4. Your representations about your content

By uploading content to Folio Suite you represent and warrant that:

• you are the author of the content, or have the rights to upload and share it;
• the content does not infringe the copyright, moral rights, trademark, privacy, publicity or other rights of any third party;
• any people identifiable in the content have given the necessary consent for it to be uploaded and shared as described in these Terms;
• you have the right to share the content with the clients you grant access to; and
• the content is not unlawful, defamatory, obscene, hateful, or otherwise objectionable.

You are solely responsible for the content you upload and for how you share it. If a third party claims that your content infringes their rights, you agree to indemnify us against any related claim, loss or expense.

5. Acceptable use

You agree not to:

• use Folio Suite for any unlawful purpose, or any purpose unrelated to delivering your photography;
• impersonate another photographer, client or any other person;
• attempt to access parts of the Service you are not authorised to access (for example another photographer's gallery or data);
• attempt to disable, overload, or interfere with the Service or its security features;
• scrape, harvest, mine or otherwise collect data from the Service in an automated way;
• upload viruses, malware, or any code intended to cause harm; or
• use the Service in any way that breaches Australian law or the laws applicable to your country of residence.

We may suspend or terminate your access if we reasonably believe you have breached these rules. See Section 12.

6. Photographers and their clients

If you are a photographer, you have additional responsibilities towards the clients you invite. You agree that:

• you will only add clients or store their details where you have a legitimate basis to do so;
• you will share galleries and downloads only with people entitled to receive them;
• you will keep client information confidential and not misuse it;
• you will respond reasonably to requests from your clients to update or remove their information; and
• you are responsible for any agreement between you and your clients about how their images may be used.

In respect of your relationship with your own clients and how you use, deliver and licence their images outside the platform, you — not Folio Suite — are the responsible party.

7. Service availability

While we will use reasonable efforts to keep Folio Suite available, we do not guarantee any specific level of uptime, response time, or availability. The Service is offered on an "as is" and "as available" basis. We may, at any time and with or without notice, perform scheduled or emergency maintenance, add, modify or remove features, or suspend the Service in whole or in part for legitimate operational reasons.

8. Email communications

Folio Suite sends only transactional emails — account invitations, welcome / set-password emails, password reset links, and notifications relevant to your account or galleries. We do not send marketing emails through the Service. You cannot opt out of transactional emails while you are using the Service, because they are necessary for it to function.

9. Retention of content

Content you upload is stored for as long as your account remains active. If your account is suspended, archived or closed, your galleries and the content within them are scheduled for removal after a reasonable wind-down period. The record that an account existed (such as the account name and email) may be retained for longer for audit and legal purposes, but the image files themselves are removed.

10. Intellectual property in the Service

The Folio Suite platform — including the name, branding, source code, layout, interface, written content, and any other materials provided by us — is our property or that of our licensors. Nothing in these Terms transfers ownership of the platform to you. You may not copy, modify, reverse engineer, sublicense, or create derivative works of the Service except as expressly permitted by law.

Per-photographer logos, accent colours, taglines and branding are the property of the relevant photographer and are used on Folio Suite with that photographer's authorisation.

11. Fees and billing

Some plans on Folio Suite are paid subscriptions, billed monthly or yearly in advance through our payment processor, Stripe. By subscribing to a paid plan, you authorise us to charge your nominated payment method on each billing cycle until you cancel.

Subscriptions automatically renew at the end of each billing period unless cancelled beforehand. You can cancel at any time from your account settings, or by contacting us; cancellation takes effect at the end of your current paid period, and your account then reverts to the Free plan (or is suspended if it exceeds Free plan limits, in accordance with Section 9 — Retention).

Fees are non-refundable except where required by the Australian Consumer Law or other applicable law. We do not provide refunds or credits for partial billing periods, downgrades, or unused storage.

We may change our fees from time to time. Any price change will take effect from your next billing cycle after reasonable notice, and will not apply retroactively to a period you have already paid for.

12. Suspension and termination

We may suspend or terminate your access to the Service if you breach these Terms, if we reasonably suspect fraudulent or unauthorised use of your account, or if we discontinue the Service (in which case we will give reasonable notice where possible). You may stop using the Service at any time and ask us to remove your account. Where we remove an account, we will also remove associated personal information except where we are required to retain it for legal or legitimate audit purposes. Terms that by their nature should survive termination — including Sections 3, 4, 10, 14, 15 and 16 — will survive.

13. Changes to the Service or these Terms

We may amend these Terms from time to time. The current version will always be available at this URL with a revised "Last updated" date. Material changes will be communicated to account holders by email where appropriate. Continued use of the Service after the effective date of the amended Terms constitutes acceptance of the changes.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranty of any kind, express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any data will be preserved indefinitely. You use the Service at your own risk.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot be lawfully excluded or limited.

15. Limitation of liability

To the maximum extent permitted by law, we accept no liability whatsoever in connection with your use of, or inability to use, the Service. Without limiting the foregoing, we will not be liable to you or any third party for any loss, damage, cost, expense, claim or other liability of any kind — whether direct, indirect, incidental, consequential, special, exemplary or punitive — arising out of or in any way connected with:

• your use of, or reliance on, the Service;
• any inability to access or use the Service (including due to outages, maintenance, suspension, termination or discontinuation);
• loss, corruption, deletion or unauthorised access to any data, images or content uploaded to or stored on the Service;
• any errors, omissions, defects, viruses or other harmful components in or associated with the Service;
• the conduct of any other user of the Service; or
• any loss of profits, revenue, opportunity, goodwill, reputation or business.

This applies whether liability is alleged in contract, tort (including negligence), statute, equity or otherwise, and whether or not we have been advised of the possibility of such loss or damage. Nothing in this Section excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other law that cannot be lawfully excluded or limited (see Section 14).

16. Indemnity

You agree to indemnify and hold us harmless against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of or in connection with: your breach of these Terms; your uploaded content (including any infringement of a third party's rights); or your misuse of the Service.

17. Privacy

Our handling of your personal information is governed by our Privacy Policy. By using the Service, you also consent to the collection, use and disclosure of your personal information as described in that policy.

18. Governing law

These Terms are governed by the laws of the State of Queensland and the laws of the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the Federal Court of Australia in respect of any dispute arising under or in connection with these Terms.

19. Miscellaneous

Entire agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between you and us regarding the Service and supersede any prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Assignment. You may not transfer or assign your account or your rights under these Terms without our prior written consent. We may assign these Terms to a successor entity (for example, in connection with a sale or restructure of the platform) on reasonable notice.

20. Contact

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

Joshua Wayne Morrison-Francis T/A Folio Suite (ABN 18 484 472 057)
Email: hello@foliosuite.com.au