Terms of Service

1. The agreement

These Terms of Service (the “Terms”) are an agreement between you and Asika Emmanuel Digital Enterprise, a business registered in Nigeria and trading as SendShoot (“SendShoot”, “we”, “us”). They cover sendshoot.com, the SendShoot app and the client galleries it serves (together, the “Service”).

By creating an account, or by opening a gallery someone has shared with you, you agree to these Terms. If you use the Service on behalf of a business, you confirm that you have authority to accept these Terms for it.

2. Who’s who

• Photographer means a person or business with a SendShoot account who uploads and shares shoots.
• Client means anyone who opens a gallery link a photographer has shared, whether or not they are the photographer’s paying customer.
• Content means the photos and files uploaded to the Service, and the text added to it, such as shoot names, client details, favourites, notes and messages.

3. Your account

You must be at least 18 to create an account. Give us accurate details and keep them current. You sign in with an email link or code, or with Google. Keep access to that email or Google account secure, because anyone who controls it can sign in as you.

You are responsible for everything that happens under your account. Tell us straight away at support@sendshoot.com if you think someone has used it without permission.

4. Plans, billing and renewals

SendShoot has a free plan and paid plans. What each plan includes, including storage and limits, is shown on our pricing page and on the Billing page in the app.

• Our reseller. Paid plans are sold through Polar (polar.sh), which acts as merchant of record. Polar handles checkout, payment, sales tax and VAT, invoices and receipts. At checkout you also agree to Polar’s terms for the purchase.
• Billing. Paid plans are billed in advance, monthly or yearly, in US dollars. Taxes may be added at checkout where they apply.
• Renewal. Subscriptions renew automatically at the end of each billing period until you cancel.
• Cancelling. You can cancel at any time from Billing. You keep your paid plan until the end of the period you have paid for, and then move to the free plan.
• Price changes. We will email you at least 30 days before a price change affects you. It takes effect at your next renewal, and you can cancel before then.
• Limits. If your usage is above your plan’s limits, for example after moving to a smaller plan, you won’t be able to upload more photos, create shoots or reopen galleries until you are back within them. We do not delete photos because you changed plan.

Refunds are covered by our Refund Policy.

5. Your content

You keep ownership of your content. To run the Service, you give us a worldwide, non-exclusive, royalty-free licence to host, store, copy and process your content (for example to make previews, resized versions and ZIP files), and to show and send it to you and to the people you share it with. This licence is only for operating, securing and supporting the Service. It ends when the content is deleted from the Service.

We do not sell your photos. We do not use them in our marketing without your written permission, and we do not use them to train artificial intelligence models.

You are responsible for the content you upload and share. In particular, you confirm that:

• you own it or have the rights and permissions needed to upload it and share it through the Service;
• you have any consent or releases required from the people shown in your photos, including a parent or guardian’s consent for children, where the law requires it; and
• your arrangements with your clients, such as contracts, usage rights, deadlines and fees, are between you and them.

6. Your clients and their data

When you add a client’s name or email, or your client adds favourites, notes or messages, you decide why and how that information is used. For data protection purposes you are the controller of that information and we process it on your behalf. Our Data Processing Addendum forms part of these Terms and sets out how we do that.

You are responsible for telling your clients how you use their information, for having a lawful basis to share photos with them, and for who you give each gallery link and passcode to.

7. If you’re opening a gallery

If a photographer has sent you a gallery link, these Terms apply to your use of the gallery. In short:

• Use the gallery only for the purpose it was shared with you, and don’t try to get around its passcode.
• The photographer decides what you can see and download, and for how long. The photos belong to the photographer or to whoever your agreement with them says.
• SendShoot is not a party to your agreement with your photographer. Please contact them about the photos, edits, deadlines or payments.

You don’t need an account to use a gallery. See our Privacy Policy for what we record when you do.

8. Acceptable use

You must follow our Acceptable Use Policy. We may remove content or restrict an account that breaks it. Reports of copyright infringement are handled under our Copyright & Takedown Policy.

9. Storage, expiry and deletion

• Gallery links expire after the period you choose. You can extend or reopen a gallery while its photos still exist.
• Photos in a shoot that has expired are permanently deleted 90 days after it expired. Photos in a shoot you delete are removed from storage shortly after you delete it.
• Links to prepared ZIP downloads work for 7 days.

SendShoot is a delivery service, not a backup service. Always keep your own copies of your originals and your finished edits. To the extent the law allows, we are not responsible for the loss of content you did not keep a copy of.

10. Availability and changes to the Service

We work to keep the Service available and secure, but we can’t promise it will always be uninterrupted or error-free. We may need to pause it for maintenance, and we may add, change or remove features. If a change significantly reduces what your paid plan includes, we will tell you in advance, and you can cancel.

11. Suspension and termination

You can delete your account at any time from Settings. This switches off your galleries and deletes your photos, as described in our Privacy Policy.

We may suspend or close an account if you seriously or repeatedly break these Terms, if we must by law, if payment fails and isn’t resolved, or if your use puts other people or the Service at risk. Where it is reasonable, we will warn you first and give you a chance to fix the problem or download your photos.

12. Our intellectual property

The SendShoot software, design, name and logo belong to us. These Terms don’t give you any rights to them beyond using the Service. If you send us feedback or ideas, we may use them without owing you anything.

13. Third-party services

The Service relies on trusted providers, including Cloudflare for hosting and storage, Clerk for sign-in and Polar for payments. If you sign in with Google, Google’s terms apply to that sign-in. We are not responsible for services we don’t control, but we choose our providers carefully. They are listed in our Privacy Policy.

14. Disclaimers

Apart from the promises we make in these Terms, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all other warranties, express or implied, including fitness for a particular purpose. Nothing in these Terms takes away rights you have by law that can’t be excluded, such as consumer rights in your country.

15. Limitation of liability

To the extent the law allows:

• we are not liable for indirect or consequential losses, or for loss of profits, revenue, business, goodwill or data; and
• our total liability to you for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim, or 50 US dollars.

We do not limit liability for death or personal injury caused by our negligence, for fraud, or for anything else that the law does not allow us to limit.

16. Indemnity

If someone brings a claim against us because of your content, your use of the Service, your breach of these Terms or the law, or a dispute between you and your client, you agree to cover our reasonable costs and losses from that claim. We will tell you about the claim promptly and let you take part in handling it.

17. Governing law and disputes

These Terms are governed by the laws of the Federal Republic of Nigeria, and the courts of Nigeria have jurisdiction over disputes about them. Before starting formal proceedings, please email us at support@sendshoot.com so we can try to resolve the matter informally.

If you use the Service as a consumer, you keep any protections given to you by the mandatory laws of the country where you live, and you may bring proceedings in your local courts where that law allows.

18. Changes to these Terms

We may update these Terms as the Service changes or the law requires. For significant changes, we will email account holders at least 14 days before the new Terms take effect. If you keep using the Service after that, the new Terms apply. If you don’t agree, you can cancel and delete your account before they take effect.

19. General

• These Terms, and the policies they link to, are the whole agreement between you and us about the Service.
• If a court finds part of these Terms unenforceable, the rest still applies.
• If we don’t enforce a right straight away, we haven’t given it up.
• You may not transfer your account or these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of the business, and we will tell you if that happens.
• We are not responsible for delays or failures caused by events outside our reasonable control.
• We send notices to the email address on your account. You can send notices to us at support@sendshoot.com.