Effective Date: February 9, 2026
This agreement is made and entered into by and between Instant School Photos LLC ("Company," "we," or "us") and you ("User" or "you"). By accessing or using our Service, you agree to be bound by these Terms of Service.
You represent that you are at least 18 years old. If you are under 18, you may not use the Service unless under the direct supervision of your parent or guardian, who are bound by these Terms. We may change these Terms occasionally. By continuing to use the Service after changes are published, you agree to the updated Terms.
1. Definitions
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"Company," "We," "Us": Refers to Instant School Photos, LLC.
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"Service": The digital image processing, hosting, and product creation provided via our website and web application.
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"User," "You": The individual accessing the Service, whether as a direct customer or a parent associated with a School Partner.
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"Content": Any photo, image, or text uploaded by a User to the Service.
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"School Partner": An educational institution that has entered into a service agreement with the Company.
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"Program": The specific software and web application used to provide the Service.
2. License Grant & Restrictions
A. License to Use: We grant you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial use (or internal educational use for School Partners).
B. Restrictions: You agree not to:
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Reverse Engineer: Decompile, disassemble, or attempt to derive the source code of the Program.
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Scrape: Use automated bots, spiders, or scrapers to access the Service or collect data.
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Compromise Security: Upload viruses, malware, or attempt to bypass our security features.
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AI Training: Use the Service to scrape data for training artificial intelligence or machine learning models.
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Resell: Sell, rent, or lease the Service to a third party without our written consent.
3. Your Content & Ownership
A. You Own Your Photos: You retain full ownership of all Content you upload. We do not claim ownership. B. License to Us: By uploading Content, you grant us a worldwide, royalty-free license to host, store, modify (retouch/crop), and display the Content solely for the purpose of operating the Service, fulfilling your order, and providing the image to your School Partner (if applicable). C. Content Warranties: You represent and warrant that:
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You own the Content or have the right to use it.
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The Content does not violate the privacy rights, publicity rights, or copyrights of any third party.
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The Content does not contain pornography, hate speech, or illegal material.
4. Payments, Pricing & Taxes
A. Pricing: Prices are listed on the website and are subject to change without notice. The price charged will be the price in effect at the time of your order. B. Payment Processing: We use third-party payment processors to bill you. The processing of payments is subject to the terms and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. C. Taxes: You are responsible for paying any applicable taxes associated with your purchase. These will be calculated and added at checkout based on your location. D. Prepaid Service: The Service is prepaid. Orders will not be processed or delivered until payment is confirmed. E. Refunds & Guarantees: All sales of digital products are final. We do not offer cash refunds. If you are unsatisfied with the technical quality of your image, you may submit it for review under our Quality Guarantee for free retakes or edits.
5. Data Retention Policy
A. School Partner Uploads: Content associated with a School Partner account is retained for the duration of the active School Year to facilitate administrative needs. B. Direct Consumer Uploads: Content uploaded by direct consumers without a school code is retained for 30 days to allow for download. After 30 days, it is permanently deleted. C. No Archival Duty: The Service is not a backup solution. You are responsible for downloading and saving your photos immediately. We are not liable for the loss of any Content after the retention period expires.
6. Indemnification
You agree to defend, indemnify, and hold harmless Instant School Photos, LLC and its employees from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:
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Your use of and access to the Service.
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Your violation of any term of these Terms.
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Your violation of any third-party right, including copyright or privacy rights.
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Any claim that your Content caused damage to a third party.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTANT SCHOOL PHOTOS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE.
9. Governing Law
These Terms shall be governed by the laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and Instant School Photos, LLC shall be decided exclusively by a court of competent jurisdiction located in Michigan.
10. Contact Information
If you have any questions about these Terms, please contact us at: Email: legal@instantschool.photos