Terms of Service
Last updated: January 24, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you and Amp10 Limited ("Company," "we," "us," or "our"), governing your access to and use of the Shuttershow platform, including our website, applications, and related services (collectively, the "Service").
1. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.
Your continued use of the Service following the posting of any changes to these Terms constitutes acceptance of those changes. We recommend reviewing these Terms periodically.
2. Eligibility
You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Service under applicable laws
- You will comply with these Terms and all applicable local, state, national, and international laws
3. Account Registration and Security
3.1 Account Creation
To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any gallery PINs or access codes. You agree to:
- Use a strong, unique password
- Not share your account credentials with any third party
- Immediately notify us of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
We are not liable for any loss or damage arising from your failure to protect your account credentials.
4. Description of Services
Shuttershow provides a platform for photographers to host, share, and deliver photography galleries to their clients. Our services include:
- Photo gallery hosting and management
- Client proofing and selection tools
- Photo download functionality (single and bulk)
- Booking and scheduling tools
- Public portfolio pages
- Activity tracking and analytics
4.1 Service Availability
While we strive to maintain high availability, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
4.2 Storage and Data
Storage limits apply based on your subscription plan. We are not responsible for any loss of data due to service interruptions, technical failures, or account termination. You are responsible for maintaining backup copies of your content.
5. User Content and Intellectual Property
5.1 Ownership
You retain all ownership rights to your content. Photographers retain full copyright and intellectual property rights to all photos, images, and other content they upload to the Service. We claim no ownership over your content.
5.2 License Grant
By uploading content to the Service, you grant Amp10 Limited a limited, non-exclusive, worldwide, royalty-free license to:
- Store, process, and transmit your content to provide the Service
- Create optimized versions (thumbnails, web-optimized images) for display purposes
- Display your content to users you authorize (gallery viewers, clients)
This license terminates when you delete your content or account, except for content shared with others that may remain in their possession.
5.3 Representations
You represent and warrant that you own or have the necessary rights to all content you upload, and that such content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights.
6. Acceptable Use Policy
You agree not to use the Service to:
- Upload, share, or distribute any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
- Upload content depicting child exploitation or abuse in any form
- Infringe upon the intellectual property rights, privacy rights, or other rights of any third party
- Transmit viruses, malware, or any other malicious code
- Attempt to gain unauthorized access to the Service, other accounts, or computer systems
- Interfere with or disrupt the Service or servers connected to the Service
- Use the Service for any fraudulent or unlawful purpose
- Resell, sublicense, or commercially exploit the Service without our written consent
- Scrape, harvest, or collect user data without authorization
We reserve the right to remove any content that violates these Terms and to suspend or terminate accounts of repeat offenders without notice or refund.
7. Payments, Subscriptions, and Refunds
7.1 Subscription Plans
The Service offers free and paid subscription plans. Paid subscriptions provide additional features, storage, and capabilities as described on our pricing page.
7.2 Billing
Subscription fees are billed in advance on a monthly or yearly basis. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis until you cancel.
7.3 Refund Policy
Monthly subscriptions: All monthly subscription payments are final and non-refundable. You may cancel at any time, but you will retain access until the end of your current billing period.
Yearly subscriptions: If you cancel a yearly subscription within the first 30 days of purchase, you may request a pro-rated refund for the unused portion. After 30 days, yearly subscriptions are non-refundable.
7.4 Price Changes
We reserve the right to change our pricing at any time. Price changes will be communicated at least 30 days in advance and will take effect at the start of your next billing cycle.
7.5 Payment Processing
Payments are processed through third-party payment providers (such as Paystack). Your use of these payment services is subject to their respective terms and privacy policies.
8. Booking System
8.1 Facilitator Role
The booking feature facilitates connections between photographers and their clients. Amp10 Limited is not a party to any agreement between photographers and their clientsand is not responsible for the services rendered, payments made, or disputes arising from such arrangements.
8.2 Photographer Responsibilities
Photographers using the booking system are solely responsible for:
- Setting accurate pricing and availability
- Fulfilling booked appointments
- Verifying client payment proofs (for bank transfers)
- Handling cancellations, refunds, and disputes with clients
- Complying with applicable tax and business regulations
8.3 Client Responsibilities
Clients using the booking system acknowledge that they are entering into an agreement directly with the photographer, not with Amp10 Limited. Any disputes should be resolved directly with the photographer.
9. Third-Party Services
The Service integrates with and relies upon third-party services including but not limited to:
- Firebase - Authentication services
- Cloudflare - Content delivery and storage
- Resend - Email delivery
- Paystack - Payment processing
We are not responsible for the availability, reliability, or actions of these third-party services. Your use of third-party services is subject to their respective terms of service and privacy policies. Any outages, data loss, or service interruptions caused by third-party services are beyond our control and liability.
10. Disclaimers and Warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- Any errors in the Service will be corrected
- The Service is free of viruses or other harmful components
- Your data will be preserved indefinitely or without loss
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMP10 TECHNOLOGIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or content
- Business interruption
- Loss of goodwill or reputation
- Cost of substitute services
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Amp10 Limited and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service
- Your content or any content you upload, share, or distribute through the Service
- Your violation of these Terms
- Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights
- Any dispute between you and your clients (for photographers)
- Your failure to comply with applicable laws and regulations
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us or using the account deletion feature in your settings. Upon termination, you will lose access to the Service and your data may be deleted.
13.2 Termination by Us
We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, including but not limited to:
- Violation of these Terms
- Fraudulent, abusive, or illegal activity
- Non-payment of fees
- Extended periods of inactivity
- Request by law enforcement or government agencies
13.3 Effect of Termination
Upon termination, your right to use the Service immediately ceases. We may delete your account and all associated data after a 30-day grace period. Sections of these Terms that by their nature should survive termination will survive, including but not limited to: intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.
14. Dispute Resolution and Arbitration
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law provisions.
14.2 Mandatory Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the Lagos Court of Arbitration (LCA) in accordance with its Arbitration Rules. The arbitration shall take place in Lagos, Nigeria, and the language of the arbitration shall be English.
14.3 Class Action Waiver
YOU AGREE THAT ANY CLAIMS AGAINST AMP10 LIMITED MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.
14.4 Exceptions
Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Amp10 Limited regarding the Service and supersede all prior agreements and understandings.
16.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
16.3 Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.
16.5 Force Majeure
We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
17. Contact Information
If you have any questions about these Terms or the Service, please contact us:
Amp10 Limited
Email: [email protected]