Terms of Service
These Terms of Service ("Terms") govern your access to and use of Tobren Deliver, a software-as-a-service platform operated by Tobren Software LLC ("Tobren", "we", "us"). By creating an account or otherwise using the service, you agree to these Terms and our Privacy Policy.
1. Definitions
- Tenant Admin: a paying photographer, videographer, or business that subscribes to Tobren Deliver to deliver galleries to their own customers.
- Staff: a user invited by a Tenant Admin to manage media on the Tenant's workspace.
- Customer: a person who receives media from a Tenant Admin via Tobren Deliver, including via direct invitation or via a public gallery link.
- Workspace: a Tenant Admin's isolated section of Tobren Deliver, including their media, customers, branding, and billing.
2. Eligibility and accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to create a Tenant Admin or Staff account. You must provide accurate registration information and keep it current. You are responsible for all activity that occurs under your account.
You may not share login credentials. If you suspect your account has been compromised, notify us at contact@tobren.io immediately.
3. Subscription, billing, and trials
Tenant Admins subscribe to Tobren Deliver under one of the published plans (Starter, Professional, or other tiers offered from time to time). Subscription fees are billed in advance, monthly or annually, and automatically renew at the end of each billing period until cancelled.
Trials, where offered, are granted in good faith. To prevent abuse, we may require a valid payment method to start a trial; we will not charge that method until the trial converts to a paid subscription. Trials are limited to one per business or photographer.
Usage that exceeds your plan's storage or bandwidth allowance may be billed as overage at the rates published in your account settings. Overage charges are billed monthly together with the next subscription period.
4. Cancellation and refunds
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you retain access to the service until then. We do not offer prorated refunds for partial billing periods unless required by law.
If we materially change these Terms or the service in a way that disadvantages you, you may cancel and request a refund of unused prepaid fees within 30 days of the change.
5. Customer purchases and Stripe / Square Connect
Tenant Admins use Tobren Deliver to sell media to their own Customers, settling payment through Stripe Connect or Square. Tobren is not a party to the transaction between a Tenant Admin and their Customer. Refund, dispute, and tax obligations between a Tenant Admin and their Customer are the Tenant Admin's responsibility.
Tobren does not take any fee from individual Customer purchases. Stripe and Square charge their own processing fees, governed by the Tenant Admin's agreement with those providers.
6. Media ownership and license
Tenant Admins and Staff retain all rights, title, and interest in the photos, videos, and other media they upload. By uploading media, you grant Tobren a non-exclusive, worldwide, royalty-free license to store, transmit, watermark, generate thumbnails of, and display that media solely as needed to operate the service for you and to deliver it to your Customers.
Tobren does not use uploaded media to train artificial-intelligence models, sell or license media to third parties, or use media for our own marketing without explicit written permission.
Customers who purchase media obtain whatever rights the Tenant Admin grants them in their own agreement with the Tenant Admin. Tobren delivers the bytes; we are not a party to the licensing terms between a Tenant Admin and their Customer.
7. Acceptable use
You may not, and you may not allow others to:
- Use the service for any unlawful purpose, or to infringe anyone's intellectual-property rights.
- Upload, store, or deliver child sexual abuse material (CSAM) or any content that sexualizes a minor. Offending accounts are terminated immediately; we preserve the material and related records and report to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by law.
- Upload, store, or deliver intimate or sexually explicit images of a person without that person's consent, including AI-generated or "deepfake" depictions ("non-consensual intimate imagery").
- Upload, store, or deliver any other content that is illegal in the United States, or that harasses, threatens, or violates the privacy or publicity rights of another person.
- Upload malware, attempt to compromise the service or other users' accounts, or scrape the service in violation of these Terms.
- Use the service to send unsolicited bulk email or to facilitate fraud.
- Resell or sublicense the service itself to third parties (using the service to deliver media to your own customers is what it is for; reselling Tobren as a white-label product to other photography businesses is not permitted without a separate written agreement).
8. Your content: representations and adult content
You are responsible for all media you upload or deliver through Tobren Deliver. You represent and warrant that, for every item of media:
- you own it or have all rights, licenses, consents, and releases needed to store, deliver, display, and (where applicable) sell it;
- every identifiable person depicted was at least 18 years old when the media was created, and consented to its creation and to your use of it; and
- it does not violate any law or any third party's intellectual-property, privacy, or publicity rights.
Lawful adult content
Tobren Deliver permits lawful adult or sexually explicit content — for example, boudoir and fine-art nude photography — provided you comply with these Terms and all applicable law. If you upload or deliver sexually explicit content, you additionally agree that:
- you are solely responsible for compliance with all applicable age-verification and record-keeping laws, including U.S. federal requirements under 18 U.S.C. § 2257 where they apply, and you will create and retain those records and produce them if legally required;
- you will not upload or deliver such content depicting any person who is, or appears to be, a minor;
- your payment processor (Stripe, Square, or another) may restrict or prohibit adult transactions and may decline, hold, or terminate your account — Tobren is not a party to and not responsible for those decisions; and
- Tobren may require you to enable age-gating on Customer-facing galleries that contain such content, and may classify, restrict, or remove such content at its discretion.
Child sexual abuse material and non-consensual intimate imagery are never permitted under any circumstance and are addressed in Sections 7, 9, and 10.
9. Content monitoring, removal, and reporting
Tobren has no obligation to pre-screen or monitor media and generally does not. However, Tobren may, at its sole discretion and without prior notice, review, scan (including by automated hash-matching or similar technology), remove, disable access to, or restrict any media or account that we believe violates these Terms or applicable law.
We may preserve, and disclose to NCMEC, law enforcement, or other authorities, any content or account information as required or permitted by law — including to report apparent CSAM as required by 18 U.S.C. § 2258A. We may take these actions without liability to you.
Administrative access. Authorized Tobren personnel may access a Workspace (including by signing in to, or impersonating, a Tenant Admin account) only to provide support, investigate a report, comply with law, or enforce these Terms. Such access is logged.
10. Reporting abuse, non-consensual imagery, and copyright
To report content that violates these Terms, email contact@tobren.io. We maintain a notice-and-removal process.
Non-consensual intimate imagery. If you are depicted in intimate or sexually explicit media that was made available without your consent, you (or your representative) may request removal by emailing contact@tobren.io with enough detail to locate the content. On a valid request, we will remove the reported content — and identical copies we can reasonably identify — as promptly as practicable and within any timeframe required by applicable law.
Copyright. Tobren complies with the Digital Millennium Copyright Act (DMCA). To submit a copyright-infringement notice or counter-notice, see our Copyright Policy, which identifies our designated agent.
11. Suspension and termination
11.1 By You: You may terminate your account at any time via your account settings.
11.2 By Us: We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
11.3 Effect of Termination: Upon termination, your right to use the Service ceases immediately. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Section 11.4 regarding data retention remains in effect.
11.4 Data Retention: After termination, we retain your Workspace data for 30 days to allow export or account reactivation, after which it is deleted in accordance with our Privacy Policy — except where longer retention is required by law or to comply with a legal hold (for example, preservation of records related to a report of illegal content).
12. Service availability and modifications
We strive to keep Tobren Deliver available 24/7 but cannot guarantee uninterrupted operation. Maintenance windows, third-party outages, and other events may cause downtime. Status updates are posted at status.deliver.tobren.io.
We may add, change, or remove features over time. Material changes that adversely affect functionality will be announced at least 30 days in advance.
13. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOBREN SOFTWARE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR UPLOADED IS DONE AT YOUR OWN DISCRETION AND RISK.
14. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOBREN SOFTWARE LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL TOBREN BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE FEES PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $100.00 USD.
15. Indemnification
You agree to indemnify and hold harmless Tobren from any claim arising out of (a) media you upload or deliver via the service that infringes a third party's rights or violates these Terms, (b) your violation of these Terms, or (c) your violation of any law.
16. Governing law and disputes
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cherokee County, Georgia, for the resolution of any disputes not subject to arbitration.
16.1 Informal Negotiations: To expedite resolution and control the cost of any dispute, you and Tobren agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating arbitration.
16.2 Binding Arbitration: If informal negotiations fail, disputes will be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
16.3 Class Action Waiver: YOU AND TOBREN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced via email to active accounts and posted prominently in the application at least 30 days before they take effect. Continued use of the service after changes take effect constitutes acceptance.
18. Data Processing
To the extent that Tobren processes any Personal Data (as defined in the GDPR) on your behalf as a Data Processor, the parties agree to comply with the Tobren Data Processing Addendum ("DPA"). The DPA is hereby incorporated by reference into these Terms.
19. Contact
Tobren Software LLC
Email: contact@tobren.io