NextPhoto Terms of Use

Effective date: March 20, 2026

1. Acceptance of These Terms

These Terms of Use govern your access to and use of NextPhoto’s websites, software, hosted galleries, widgets, booking tools, commerce features, APIs, QR-based workflows, AI-assisted processing tools, and related services (collectively, the “Services”).

By creating an account, subscribing, uploading content, embedding a widget, accessing a gallery, placing an order, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Company Information

NextPhoto is a photography software platform that provides hosted tools for photographers, studios, schools, teams, leagues, organizations, and their customers.

Company name: NextPhoto. Mailing address: 3384 Sweeney Hollow Rd, Franklin, TN 37064. Support email: services@nextphoto.app.

3. Definitions

  • “Account” means the registered account used to access the Services.
  • “Customer Content” means photos, videos, text, metadata, contact data, contracts, booking data, gallery data, QR records, and other materials submitted to the Services by or on behalf of a user.
  • “End Customer” means a shopper, client, parent, guardian, student, athlete, guest, or viewer who accesses a gallery, storefront, widget, booking flow, or order experience powered by the Services.
  • “User” means the individual or entity that registers for or uses the Services, including photographers, studios, schools, and organizations.

4. Eligibility and Authority

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an Account or purchase a subscription. If you are using the Services on behalf of a business, school, team, league, nonprofit, or other organization, you represent that you have authority to bind that organization to these Terms.

5. Account Registration and Security

  • You must provide accurate, current, and complete registration and billing information and keep it updated.
  • You are responsible for maintaining the confidentiality of your credentials and for all activity occurring under your Account.
  • You must promptly notify NextPhoto of any unauthorized access, suspected compromise, or misuse involving your Account or tenant workspace.
  • You are responsible for administering user access within your organization and for disabling access for former staff, contractors, or collaborators.

6. License to Use the Services

Subject to these Terms and your compliance with applicable law, NextPhoto grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business operations and permitted customer-facing photography workflows.

This license does not include any right to resell, sublicense, white-label without authorization, reverse engineer, scrape, copy, or otherwise exploit the Services except as expressly permitted by NextPhoto in writing.

7. Customer Content and Ownership

As between you and NextPhoto, you retain ownership of your Customer Content. NextPhoto does not claim ownership of the photos, business records, customer records, booking information, or other materials you submit to the Services.

You grant NextPhoto and its subprocessors a limited, worldwide, non-exclusive license to host, copy, store, transmit, process, display, adapt, and otherwise use Customer Content solely as necessary to operate, secure, support, improve, and provide the Services, enforce these Terms, comply with law, and fulfill transactions initiated through the Services.

8. Permissions, Releases, and User Responsibilities

  • You are solely responsible for obtaining all rights, consents, licenses, notices, permissions, and releases necessary to photograph, upload, process, store, sell, display, and deliver Customer Content through the Services.
  • You are solely responsible for your relationships and disputes with your clients, end customers, schools, teams, athletes, parents, guardians, event organizers, and any third party connected to your use of the Services.
  • You are responsible for the accuracy of names, email addresses, mobile numbers, roster data, QR data, subject associations, pre-registration information, and order information entered into the Services.
  • NextPhoto is not responsible for verifying whether your uploads, permissions, releases, or business practices comply with applicable law.

9. Minor, School, and Athlete Photography Obligations

If you use the Services for school, youth sports, league, camp, or other photography involving minors, you are responsible for obtaining any parental, guardian, school, league, or organizational consent required by law or contract.

You are responsible for ensuring that galleries, QR workflows, pre-registration flows, image association tools, notifications, and sales experiences involving minors are configured and used in a lawful manner. NextPhoto does not determine whether your collection, identification, display, or sale of images of minors is legally permitted in your jurisdiction or under your client agreements.

10. Automated Image Processing and AI-Assisted Features

The Services may include automated processing, image association, green screen workflows, background replacement, face- or data-assisted matching, cropping, QR detection, and other AI-assisted or rules-based workflows. These tools are provided to assist your operations and may not be perfect or error free.

You are responsible for reviewing outputs before publishing, fulfilling orders, sending notifications, or relying on automated decisions. You must not use the Services in a way that violates biometric, privacy, child protection, education, or consumer protection laws.

11. Subscription Plans, Fees, and Auto-Renewal

Certain Services require a paid subscription, add-on purchase, transaction fee, or usage-based charge. By purchasing a plan or paid feature, you authorize NextPhoto and its third-party payment processors to charge the applicable fees, taxes, and recurring amounts using your selected payment method.

Unless otherwise stated, paid subscriptions automatically renew at the end of each billing cycle until canceled. You may manage or cancel your subscription at https://console.nextphoto.app/settings/subscription. If you cancel, your subscription generally remains active through the end of the then-current paid period unless otherwise stated by us in writing.

Fees are non-refundable except as required by law or expressly stated in a written refund policy.

12. Usage Limits, Capacity, and Enforcement

Plans may include limits on storage, photos, galleries, bandwidth, users, QR workflows, automations, API usage, messaging volume, booking features, or other usage metrics. NextPhoto may monitor usage and enforce these limits.

If you exceed your plan limits, we may restrict uploads, disable features, require an upgrade, assess overage or capacity fees, throttle access, suspend processing, or limit gallery availability until your account returns to compliance.

13. Data Retention, Backup, and Deletion

You are responsible for maintaining your own backups of Customer Content and business records. The Services are not an archival storage service, and perpetual storage is not guaranteed.

After cancellation, expiration, suspension, or termination, NextPhoto may restrict access to the Services and may delete Customer Content, gallery data, order-related content, and related records in accordance with our retention practices, legal obligations, technical needs, and account status. Some records may be retained as required for tax, fraud prevention, disputes, compliance, or operational integrity.

14. Orders, Product Sales, and Fulfillment Disclaimer

Product pricing, taxes, availability, download access, print offerings, fulfillment timing, and refund eligibility may vary based on the user’s configuration, selected products, and third-party providers.

NextPhoto provides the platform that enables users to offer galleries, products, downloads, bookings, and orders. Unless explicitly stated otherwise, NextPhoto is not the seller of record for a user’s products or services and is not responsible for disputes between photographers and their customers relating to quality, fulfillment, refunds, permissions, delivery, or customer service.

15. Payment Processing and Third-Party Processors

Payments may be processed by third-party processors such as Stripe or other providers selected by NextPhoto. Your use of payment services is also subject to those processors’ terms, policies, and operational requirements.

NextPhoto is not responsible for payment processor downtime, chargebacks, banking delays, merchant underwriting decisions, frozen payouts, processor holds, fraud reviews, or other actions taken by third-party financial service providers.

16. Acceptable Use Restrictions

  • You may not use the Services for unlawful, fraudulent, deceptive, abusive, harassing, defamatory, infringing, harmful, or privacy-violating conduct.
  • You may not bypass security, tenant isolation, usage controls, plan limits, payment protections, download protections, access restrictions, or other safeguards built into the Services.
  • You may not upload malware, conduct scraping, mirror or harvest protected content, launch denial-of-service attacks, probe vulnerabilities, or interfere with the performance or availability of the Services.
  • You may not use the Services to send unauthorized, misleading, or non-consensual email, SMS, or other communications.

17. Third-Party Integrations, Labs, and Vendors

The Services may integrate with third-party labs, print vendors, shipping providers, payment processors, email providers, SMS providers, domain providers, analytics providers, cloud infrastructure, calendar systems, CRMs, and other external services. Availability and performance of these integrations may change without notice.

NextPhoto is not responsible for the acts, omissions, products, shipping times, print quality, downtime, or terms of third-party providers. Your use of integrated third-party services may be subject to separate terms and policies.

SMS Messaging Terms

By providing your phone number and opting in, you agree to receive transactional SMS messages from NextPhoto.

These messages are strictly related to your account and services, including notifications, bookings, and order updates.

You can opt out at any time by replying STOP.

For support, reply HELP or contact services@nextphoto.app.

Message frequency varies. Message and data rates may apply.

18. API and Embed Usage

  • If NextPhoto makes APIs, webhooks, embedded widgets, scripts, or related developer tools available, you may use them only in accordance with our documentation, technical limits, and any separate developer requirements.
  • You may not use the API or embeds to replicate or compete with the Services, expose protected content outside intended workflows, overload the platform, bypass billing or access controls, or create unauthorized derivative services.
  • We may throttle, suspend, rotate credentials, or revoke API and embed access at any time to protect the Services, users, or platform integrity.

19. Intellectual Property Rights in the Services

NextPhoto and its licensors own all right, title, and interest in the Services, including the software, user interface, workflows, design, trademarks, branding, code, documentation, and all related intellectual property rights.

Except for the limited rights expressly granted in these Terms, no rights are granted to you by implication, estoppel, or otherwise.

20. Suspension and Termination

NextPhoto may suspend, restrict, or terminate access to the Services, in whole or in part, if we reasonably believe you have violated these Terms, created legal exposure, threatened platform integrity, exceeded plan limits without remediation, failed to pay required amounts, or used the Services in a way that harms NextPhoto, other users, or third parties.

You may stop using the Services at any time. Termination does not relieve you of obligations incurred before termination, including payment obligations, indemnity obligations, or restrictions that survive by their nature.

21. Disclaimer of Warranties

The Services are provided on an “as is” and “as available” basis to the fullest extent permitted by law. NextPhoto disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, security, and accuracy.

NextPhoto does not warrant that the Services will be uninterrupted, error free, secure, compatible with every workflow, or free from loss, corruption, delay, or third-party service failure.

22. Limitation of Liability

To the fullest extent permitted by law, NextPhoto and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, customers, or business opportunities arising out of or related to the Services or these Terms.

To the fullest extent permitted by law, NextPhoto’s aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the total amounts paid by you to NextPhoto for the Services during the twelve months immediately preceding the event giving rise to the claim.

23. Indemnification

You agree to defend, indemnify, and hold harmless NextPhoto and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your Customer Content, your use of the Services, your violation of these Terms, your violation of applicable law, or your violation of any third-party rights.

24. Governing Law

These Terms and any dispute arising out of or related to the Services are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules.

25. Arbitration and Dispute Resolution

Before filing a claim, you agree to first contact NextPhoto at services@nextphoto.app and make a good-faith effort to resolve the dispute informally.

If a dispute cannot be resolved informally, the dispute will be resolved by binding arbitration on an individual basis, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for misuse of intellectual property, confidential information, or unauthorized access to the Services.

You and NextPhoto waive any right to participate in a class action, class arbitration, or representative proceeding. Any arbitration will be conducted in English and administered under commercially reasonable arbitration procedures. If arbitration is found unenforceable as to a particular claim, then the parties agree that exclusive venue for that claim will lie in the state or federal courts located in Tennessee.

26. Changes to the Terms

NextPhoto may update these Terms from time to time. Updated Terms will be posted on this page with a revised effective date. If we make a material change, we may also provide notice through the Services, email, or your account.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms.

27. DMCA and Copyright Complaints

If you believe content available through the Services infringes your copyright, send a notice to services@nextphoto.app with sufficient detail for us to identify the work claimed to be infringed, the allegedly infringing material, your contact information, a statement of good-faith belief, and a statement made under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

NextPhoto may remove or disable access to content alleged to be infringing and may terminate repeat infringers where appropriate.

28. Contact Information

Questions about these Terms should be sent to services@nextphoto.app.

Mailing address: NextPhoto, 3384 Sweeney Hollow Rd, Franklin, TN 37064.

Read our Privacy Policy, Acceptable Use Policy, API Terms, DMCA Policy, and Subprocessors.
Back to Sign In