SurPho Terms & Conditions

Effective Date: September 2025

Welcome to SurPho! These Terms & Conditions (“Terms”) govern the use of the SurPho mobile application and services (the “Platform”). By creating an account, booking a session, or offering photography services through SurPho, you (“User”) agree to be bound by these Terms.

1. Role of SurPho

1.1 Platform Only. SurPho provides a digital marketplace that connects clients (“Clients”) with independent photographers (“Photographers”). SurPho is not a party to any service agreement between Clients and Photographers.
1.2 No Employment. Photographers are independent contractors, not employees, partners, or agents of SurPho.

2. User Eligibility

• Users must be at least 18 years old to create an account.

• Users are responsible for ensuring that all information provided to SurPho is accurate and up to date.

3. Bookings, Fees, and Payments

3.1 Bookings. Clients agree to pay all fees associated with confirmed bookings through the Platform. By joining a group session, Clients acknowledge that they are entering into a direct contractual agreement with the Photographer. By confirming, paying for, or participating in a session through the SurPho Platform, both Clients and Photographers agree to the terms of the Session Contract, which governs the specific engagement between the parties.
3.2 Payment Processing. Payments are processed by SurPho’s third-party payment provider (e.g., Stripe). SurPho does not directly handle credit card information.
3.3 Retainers and Refunds. Retainers (if charged) are generally non-refundable unless otherwise required by law or explicitly stated in a Photographer’s individual agreement.
3.4 Cancellations. Client-initiated cancellations are subject to the Refund Window defined in Section 8. Photographer policies may provide additional flexibility but must be clearly disclosed to Clients before booking.

4. Photographer Responsibilities

• Provide equipment necessary for services.

• Deliver services in a professional, safe, and timely manner.

• Clearly state deliverables (e.g., number of images, editing timeline) prior to booking.

• Honor commitments unless prevented by force majeure (e.g., illness, emergencies).

5. Client Responsibilities

• Obtain all required permissions for photography (venues, participants, minors, etc.).

• Respect Photographer’s artistic style and judgment.

• Pay agreed-upon fees in a timely manner.

6. Intellectual Property

6.1 Ownership. Photographers retain copyright ownership of all images and other work product.
6.2 Client License. Photographers grant Clients a limited, non-commercial license for personal use (social media, personal prints, albums).
6.3 Commercial Use. Any commercial or promotional use requires prior written consent from the Photographer.

7. Disclaimers & Liability

7.1 No Guarantee. SurPho does not guarantee the quality, safety, or legality of services provided by Photographers or Clients.
7.2 Indemnity. Users agree to indemnify and hold harmless SurPho from any claims, damages, or disputes arising from use of the Platform or services booked.
7.3 Limitation of Liability. SurPho’s liability to any User shall not exceed the greater of: (i) the total fees paid by the User to SurPho in the 12 months prior to the claim; or (ii) $100.

8. Cancellations, Rescheduling, and Force Majeure

8.1 Refund Window (24 Hours From Payment). Clients may request a refund for a canceled session within twenty-four (24) hours of the time payment is processed (“Refund Window”). Requests submitted after the Refund Window may not be eligible for a refund, except where required by applicable law or as expressly provided below.
8.2 Platform Service Fee. SurPho’s platform service fee—covering payment processing and administrative costs—is non-refundable.
8.3 Cancellations Within 24 Hours of Scheduled Session Time. No refunds are issued for cancellations made within 24 hours of the scheduled session start time, regardless of when payment was made.
8.4 Photographer/Platform Cancellations. If a session is canceled by the Photographer or due to a SurPho-related issue, Clients will receive a full refund of amounts paid for the session price, and SurPho’s platform service fee will also be refunded.
8.5 Rescheduling. Rescheduling is subject to Photographer availability and the Photographer’s disclosed policy. Rescheduling requests outside the Refund Window may incur fees or be treated as a cancellation.
8.6 Force Majeure. Neither party is liable for cancellations caused by events beyond their reasonable control (e.g., natural disasters, illness, emergencies). In such cases, the Photographer and Client should first attempt to reschedule. If rescheduling is not feasible, a refund may be issued at SurPho’s or the Photographer’s discretion, subject to legal requirements.
8.7 Chargebacks. Initiating a chargeback outside the Refund Window may result in account suspension pending resolution.

9. Dispute Resolution

• SurPho is not responsible for resolving disputes between Clients and Photographers.

• Users are encouraged to use written agreements (session contracts) for clarity.

• Disputes must be resolved directly between the Client and Photographer.

10. General

• Amendments: SurPho may update these Terms; continued use of the Platform constitutes acceptance of changes.

• Governing Law: These Terms are governed by the laws of the state where SurPho is headquartered (North Carolina, unless otherwise updated).

• Severability: If any provision is found invalid, the remaining terms remain enforceable.

• Entire Agreement: These Terms represent the entire agreement between SurPho and Users regarding platform use.

By creating an account or using the Platform, you acknowledge and agree to these Terms.