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Terms of Service

Effective Date: January 1, 2025 · Last Revised: February 8, 2026

PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY BEFORE ACCESSING OR USING THE 12IMG PLATFORM. BY CREATING AN ACCOUNT, ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE, INCLUDING OUR PRIVACY POLICY AND ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE PLATFORM AND MUST IMMEDIATELY CEASE ALL ACCESS. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND 12IMG, INC. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTIONS 19 AND 20) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE REVIEW THEM CAREFULLY.

1. Definitions

For purposes of these Terms, the following definitions apply throughout:

  • "Agreement" means these Terms of Service, together with our Privacy Policy, Acceptable Use Policy, and any other policies, guidelines, or supplemental terms incorporated by reference herein, as each may be amended from time to time.
  • "Company," "we," "us," or "our" refers to 12IMG, Inc., a Delaware corporation, together with its subsidiaries, affiliates, officers, directors, employees, agents, and assigns.
  • "Platform" means the 12img website located at 12img.com and www.12img.com, including all subdomains, mobile applications, application programming interfaces (APIs), widgets, embeddable content, and all related services, features, and functionality.
  • "User," "you," or "your" refers to any individual, sole proprietor, corporation, limited liability company, partnership, or other legal entity that accesses, browses, or uses the Platform in any capacity.
  • "Photographer" or "Vendor" means a User who creates an account to upload, manage, deliver, or market creative content, services, or products through the Platform, including but not limited to photographers, videographers, planners, florists, venues, and other wedding or event professionals.
  • "Client" means an end user who accesses galleries, portals, contracts, invoices, checklists, or other content shared by a Photographer or Vendor through the Platform, whether or not such Client maintains a registered account.
  • "User Content" means all photographs, images, videos, audio files, text, data, metadata, contracts, invoices, messages, comments, reviews, profile information, and any other materials uploaded, submitted, posted, transmitted, or otherwise made available through the Platform by any User.
  • "Services" means all features, functionality, tools, capabilities, and resources provided through or in connection with the Platform, including but not limited to gallery delivery, contract generation, invoicing, client portals, messaging, community forums, vendor directory listings, image processing, and analytics.
  • "Subscription" means a recurring paid plan that provides access to premium features, increased usage limits, and enhanced functionality, as described on our pricing page.
  • "Confidential Information" means any non-public information disclosed by either party in connection with the use of the Platform, including but not limited to business data, client lists, pricing information, and technical specifications.

2. Acceptance of Terms

2.1 Binding Agreement. By creating an account, accessing the Platform, clicking "I Agree," completing a registration process, or using any Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety. This Agreement is effective as of the date you first access or use the Platform ("Effective Date") and shall remain in effect until terminated in accordance with Section 27.

2.2 Electronic Acceptance. You agree that your electronic acceptance of these Terms constitutes a binding agreement equivalent to a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA).

2.3 Additional Terms. Certain features or Services may be subject to additional terms, conditions, or policies ("Supplemental Terms"). To the extent Supplemental Terms conflict with these Terms, the Supplemental Terms shall govern with respect to the applicable feature or Service.

2.4 Compliance. You agree to comply with all applicable federal, state, local, and international laws, statutes, ordinances, regulations, and treaties in connection with your use of the Platform, including without limitation consumer protection laws, data protection laws, anti-spam legislation, and tax obligations.

3. Eligibility

3.1 Age Requirement. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account or use the Platform. The Platform is not intended for use by individuals under the age of eighteen (18). We do not knowingly collect personal information from minors. If we learn that a User is under 18, we will terminate their account and delete their data promptly.

3.2 Authority. If you are entering into this Agreement on behalf of a business entity, organization, or other legal person, you represent and warrant that you have full legal authority to bind such entity to these Terms. If you lack such authority, you must not accept these Terms and may not use the Platform on behalf of such entity.

3.3 Prohibited Users. You may not use the Platform if: (a) you have been previously suspended or removed from the Platform; (b) you are located in, or a national or resident of, any country subject to comprehensive U.S. economic sanctions; (c) you are listed on any U.S. government restricted parties list; or (d) your use of the Platform would violate any applicable law or regulation.

3.4 Verification. We reserve the right to verify your identity, qualifications, or authorization at any time, and to refuse service to any person or entity for any lawful reason.

4. Description of Services

4.1 Platform Overview. 12img provides a software-as-a-service (SaaS) platform — the creative ecosystem for wedding and event professionals — enabling Photographers and Vendors to: (a) create, customize, and deliver professional client galleries; (b) generate, send, and manage legally binding contracts with electronic signatures; (c) create and send invoices and process payments; (d) manage client relationships and communications; (e) build and maintain professional profiles and portfolio pages; (f) list services in the vendor directory; (g) participate in community forums and professional networking; (h) access business analytics and reporting; and (i) utilize additional tools and features as we may introduce from time to time.

4.2 Service Availability. We endeavor to maintain Platform availability but do not guarantee uninterrupted, continuous, or error-free access. We reserve the right to perform scheduled and emergency maintenance, and to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, subject to our obligations under active paid Subscriptions. We shall not be liable for any modification, suspension, or discontinuation of the Services.

4.3 Service Tiers. The Platform offers multiple service tiers (including a free tier) with varying features, storage allocations, usage limits, and capabilities. Feature availability and limits are determined by your Subscription tier as described on our pricing page and are subject to change with no less than thirty (30) days' prior notice for paid Subscribers.

4.4 Beta Features. We may offer certain features designated as "beta," "preview," "early access," or similarly labeled ("Beta Features"). Beta Features are provided "as is" without any warranties, may contain bugs or errors, and may be modified or discontinued at any time without notice. Your use of Beta Features is at your sole risk, and any feedback you provide regarding Beta Features may be used by us without restriction or compensation.

4.5 Platform as Tool. The Platform provides tools for business management. We do not provide legal, financial, tax, or accounting advice. Contracts, invoices, and other business documents generated through the Platform are created based on User inputs. You are solely responsible for ensuring that your use of such tools complies with applicable laws and meets your specific business needs. We strongly recommend consulting with qualified legal and financial professionals.

5. Account Registration & Security

5.1 Account Creation. To access certain features, you must create an account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your account information to keep it accurate, current, and complete at all times. Inaccurate, outdated, or incomplete information may result in immediate suspension or termination of your account.

5.2 Account Security. You are solely responsible for: (a) maintaining the confidentiality of your account credentials, including passwords and authentication tokens; (b) all activities that occur under your account, whether or not authorized by you; and (c) immediately notifying us at twelve12img@gmail.com of any unauthorized use of your account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.

5.3 Account Restrictions. You may not: (a) create multiple accounts for the same individual or entity without our express written consent; (b) share, sell, lease, or transfer account credentials to any third party; (c) transfer or assign your account or any rights hereunder without our prior written consent; (d) use another User's account without express authorization; or (e) create an account using false, misleading, or another person's identity or information.

5.4 Account Suspension & Termination. We reserve the right to suspend or terminate accounts that: (a) violate these Terms or any applicable law; (b) remain inactive for twelve (12) or more consecutive months; (c) pose a security risk to the Platform or other Users; (d) are associated with fraudulent, abusive, or illegal activity; or (e) for any other reason in our sole discretion, subject to applicable law.

6. User Content & Licenses

6.1 Ownership. You retain all right, title, and interest in and to your User Content, including all intellectual property rights therein. Nothing in this Agreement transfers ownership of your User Content to us. We claim no intellectual property rights over the photographs, images, videos, or other creative works you upload to the Platform. Your content is your content.

6.2 License Grant to Company. By uploading, submitting, or transmitting User Content to or through the Platform, you grant us a limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to our service providers as necessary to provide the Services) license to: (a) store, host, cache, and process your User Content as necessary to provide and operate the Services; (b) create technical copies for backup, redundancy, and disaster recovery purposes; (c) transmit and deliver your User Content to authorized recipients you designate; (d) generate derivative versions (such as thumbnails, compressed versions, and format-optimized versions) solely for Platform functionality and performance optimization; and (e) display your User Content within the Platform as directed by your account settings and sharing configurations. This license terminates upon deletion of your User Content or closure of your account, subject to: (i) reasonable backup retention periods not to exceed ninety (90) days; and (ii) any User Content that has been shared with or downloaded by third parties prior to deletion.

6.3 No Use for Training. We do not use your User Content to train artificial intelligence or machine learning models. Your photographs, images, and creative works are processed solely for the purposes described in Section 6.2.

6.4 Representations & Warranties. You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, consents, permissions, and releases to upload, share, and distribute your User Content through the Platform; (b) your User Content does not and will not infringe, misappropriate, or violate the intellectual property rights, privacy rights, publicity rights, moral rights, or any other rights of any third party; (c) your User Content complies with all applicable laws, regulations, and industry standards; (d) you have obtained all necessary model releases, property releases, and consents for individuals depicted in your User Content; and (e) your User Content is free from any liens, encumbrances, or competing claims of ownership.

6.5 No Monitoring Obligation. We have no obligation to pre-screen, monitor, review, moderate, or edit User Content, but reserve the right (without obligation) to remove, disable access to, or modify any User Content that we determine, in our sole and absolute discretion, violates these Terms, any applicable law, or our content policies, or that may expose us or other Users to liability.

7. Intellectual Property Rights

7.1 Company IP. The Platform, including without limitation all software, source code, object code, algorithms, data structures, user interfaces, interaction patterns, system architectures, visual designs, graphics, logos, icons, typography, color schemes, page layouts, workflows, documentation, trade names, trademarks, service marks, and proprietary methodologies, constitutes valuable intellectual property owned exclusively by 12IMG, Inc. or its licensors. All rights not expressly granted herein are reserved by the Company.

7.2 Legal Protections. Our intellectual property is protected under multiple bodies of law, including but not limited to:

  • Copyright: The U.S. Copyright Act (17 U.S.C. § 101 et seq.), the Berne Convention for the Protection of Literary and Artistic Works, and applicable international copyright treaties protect our software, documentation, visual designs, and original works of authorship.
  • Trademarks: "12img," the 12img logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 12IMG, Inc. or its affiliates. You may not use such marks without our prior written consent.
  • Trade Dress: The Lanham Act (15 U.S.C. § 1125(a)) protects the distinctive visual appearance, look, feel, and overall commercial impression of our Platform.
  • Trade Secrets: The Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.) and applicable state trade secret laws (including the Uniform Trade Secrets Act) protect our proprietary methods, processes, algorithms, and know-how.
  • Patents: We reserve all rights to seek patent protection for novel technological innovations embodied in the Platform. Our public disclosures establish prior art under 35 U.S.C. § 102.

7.3 Evidence Preservation. We maintain comprehensive timestamped documentation, cryptographic commit histories, source code repositories, design archives, and contemporaneous development records establishing chronological precedence and authorship of all Platform innovations.

7.4 Prohibited Conduct. Except as expressly permitted herein, you agree not to, directly or indirectly: (a) copy, reproduce, modify, adapt, translate, or create derivative works of any Platform components; (b) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Platform software; (c) remove, alter, obscure, or deface any proprietary notices, labels, or marks; (d) develop, design, or build competing products or services using substantially similar features, interfaces, workflows, or methodologies observed on the Platform; (e) access the Platform for the purpose of competitive intelligence or benchmarking; (f) use any robot, spider, crawler, scraper, or other automated means to access the Platform; or (g) assist, enable, or encourage any third party in any of the foregoing activities.

7.5 Feedback. If you provide us with any feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback and agree that we are free to use, disclose, reproduce, license, or otherwise exploit such Feedback without restriction, attribution, or compensation to you.

7.6 Enforcement. We actively monitor for infringement and will pursue all available legal remedies, including injunctive relief, actual damages, statutory damages, disgorgement of profits, and recovery of attorneys' fees and costs, against parties who infringe upon or misappropriate our intellectual property. For licensing inquiries, contact twelve12img@gmail.com.

8. Payment Terms & Billing

8.1 Subscription Fees. Certain Services require payment of Subscription fees. By selecting a paid Subscription, you agree to pay all applicable fees at the rates displayed at the time of purchase or renewal. All fees are stated in U.S. dollars unless otherwise indicated. We reserve the right to change our pricing at any time, provided that fee increases for existing Subscribers will not take effect until the next renewal period following at least thirty (30) days' prior written notice.

8.2 Billing Cycle & Auto-Renewal. Subscriptions are billed in advance on a monthly or annual basis, depending on your selection. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE AT THE THEN-CURRENT RATE UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE. You may cancel auto-renewal at any time through your account settings.

8.3 Payment Processing. Payments are processed by our third-party payment processor, currently Stripe, Inc. ("Payment Processor"). By providing payment information, you: (a) authorize us and our Payment Processor to charge your designated payment method for all fees due; (b) represent that you are authorized to use the designated payment method; and (c) agree to keep your payment information current and accurate. You are responsible for any fees charged by your financial institution in connection with your payments.

8.4 Taxes. All fees are exclusive of applicable taxes, levies, duties, and governmental assessments. You are responsible for all sales, use, value-added, goods and services, withholding, and other taxes or duties imposed by any federal, state, local, or international jurisdiction in connection with your use of the Platform, excluding taxes based solely on the Company's net income.

8.5 Failed Payments. If any payment fails, we may: (a) retry the payment method on file; (b) suspend access to paid features until payment is received; (c) downgrade your account to the free tier after a grace period of seven (7) days; or (d) terminate your account after thirty (30) days of non-payment. You remain liable for all unpaid fees.

8.6 Refunds. Subscription fees are generally non-refundable. We may, in our sole discretion, provide pro-rata refunds for annual Subscriptions cancelled within fourteen (14) calendar days of initial purchase or renewal, less the value of any Services used during that period. Monthly Subscriptions are not eligible for refunds. Refund requests should be submitted to twelve12img@gmail.com.

8.7 Chargebacks. Initiating a chargeback, payment dispute, or payment reversal without first contacting us at twelve12img@gmail.com to attempt good-faith resolution may result in: (a) immediate suspension of your account; (b) forfeiture of any account credits or balances; (c) collection of all amounts owed, including reasonable collection costs and attorneys' fees; and (d) permanent termination of your account.

8.8 Free Tier. We offer a free tier of the Platform with limited features and usage. We reserve the right to modify, limit, or discontinue the free tier at any time without notice. Free tier Users have no guaranteed service level and no right to refund or compensation upon modification or discontinuation.

9. Stripe Connect & Payment Facilitation

9.1 Payment Facilitation. The Platform enables Photographers and Vendors to accept payments from their Clients for services, products, and add-ons through Stripe Connect. The Company acts solely as a technology facilitator and does not serve as a payment processor, bank, money transmitter, or financial institution.

9.2 Stripe Terms. By using payment facilitation features, you agree to be bound by the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. These terms may be modified by Stripe from time to time. You are solely responsible for reviewing and complying with Stripe's terms.

9.3 No Liability for Payments. We are not responsible for: (a) the processing, settlement, or timing of payments between Photographers/Vendors and their Clients; (b) any disputes, chargebacks, or refund requests between Photographers/Vendors and their Clients; (c) the accuracy of pricing, tax calculations, or invoicing set by Photographers/Vendors; (d) Stripe's processing fees, holds, reserves, or account actions; or (e) any funds held, frozen, or withheld by Stripe or any financial institution.

9.4 Tax Obligations. Photographers and Vendors are solely responsible for determining, collecting, reporting, and remitting all applicable taxes on payments received through the Platform. We are not your tax advisor and do not provide tax advice. You should consult with a qualified tax professional regarding your tax obligations.

10. Electronic Contracts & Signatures

10.1 Contract Generation Tools. The Platform provides tools for generating, customizing, sending, and managing contracts between Photographers/Vendors and their Clients. These tools are provided as a convenience and productivity aid. The Company does not draft, review, or approve the legal content of contracts created through the Platform.

10.2 No Legal Advice. THE COMPANY IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE. Contract templates, clauses, and suggested language provided through the Platform are for informational purposes only and do not constitute legal advice. You are solely responsible for ensuring that any contract you create, send, or execute through the Platform is legally sufficient, enforceable, and compliant with applicable laws in your jurisdiction. We strongly recommend having contracts reviewed by a qualified attorney.

10.3 Electronic Signatures. The Platform facilitates the collection of electronic signatures pursuant to the E-SIGN Act (15 U.S.C. § 7001 et seq.), the Uniform Electronic Transactions Act (UETA), and applicable international electronic signature laws including eIDAS Regulation (EU) No 910/2014. We record signature metadata (including IP address, timestamp, user agent, and signatory identity) to support the validity of electronic signatures. However, we do not guarantee the legal enforceability of any electronic signature in any particular jurisdiction or for any particular transaction.

10.4 No Liability for Contracts. The Company shall not be liable for: (a) the content, accuracy, legality, or enforceability of any contract created using the Platform; (b) any breach of contract between a Photographer/Vendor and their Client; (c) any dispute arising from the interpretation or execution of contracts; or (d) any damages resulting from the use or reliance upon contract templates or suggested clauses provided through the Platform.

11. Vendor Directory & Marketplace

11.1 Directory Listings. The Platform includes a vendor directory enabling wedding and event professionals to create public listings, and enabling consumers to discover and evaluate service providers. Directory listings may include information provided by Vendors, information aggregated from public sources, and pre-populated seed listings for unclaimed businesses.

11.2 No Endorsement or Vetting. Inclusion in the vendor directory does not constitute an endorsement, recommendation, certification, or guarantee of quality by the Company. We do not independently verify the qualifications, licenses, insurance, credentials, or quality of work of any Vendor listed on the Platform. You are solely responsible for conducting your own due diligence before engaging any Vendor.

11.3 Vendor-Client Relationships. The Company is not a party to any agreement, transaction, or arrangement between Vendors and Clients. Any contract, engagement, or payment between a Vendor and a Client is solely between those parties. We have no obligation to mediate disputes between Vendors and Clients, and we disclaim all liability for the acts, omissions, quality of work, or conduct of any Vendor or Client.

11.4 Seed Listings & Claiming. We may create pre-populated directory listings for businesses based on publicly available information ("Seed Listings"). Seed Listings are provided for informational purposes. Business owners may claim and verify their listings through our claim verification process. We reserve the right to approve or reject claims in our sole discretion.

11.5 Reviews & Ratings. Users may post reviews and ratings of Vendors. Reviews reflect the opinions of individual Users and do not reflect the views of the Company. We do not verify or endorse the accuracy of reviews. We reserve the right to remove reviews that violate our content policies, but have no obligation to do so.

12. Community Features

12.1 Community Forums. The Platform provides community features including forums, discussion threads, posts, comments, and messaging. These features enable User-to-User communication and professional networking. Community content is User-generated and does not represent the views, opinions, or endorsements of the Company.

12.2 Community Content License. By posting content in community areas, you grant other Users a non-exclusive, royalty-free license to view and interact with such content as intended by the Platform's functionality. You retain ownership of your community content, subject to the license granted to the Company in Section 6.2.

12.3 No Professional Advice. Information shared in community forums — including but not limited to business advice, legal opinions, tax guidance, pricing strategies, and technical recommendations — is provided by individual Users and does not constitute professional advice. The Company makes no representations regarding the accuracy, completeness, or suitability of information shared in community areas.

12.4 Emergency Backup & Referrals. Community features enabling photographers to find backup coverage or make referrals facilitate direct connections between Users. The Company is not a staffing agency, does not employ contractors, and assumes no responsibility for the availability, reliability, quality, or conduct of any User who responds to backup requests or referrals.

13. AI & Automated Processing

13.1 Automated Features. The Platform may utilize automated processing, algorithms, and artificial intelligence technologies to provide certain features, including but not limited to: image optimization and derivative generation, content recommendations, analytics and scoring, automated email workflows, and search functionality.

13.2 No AI Training on User Content. We do not use your photographs, images, videos, or other creative User Content to train, fine-tune, or improve artificial intelligence or machine learning models, whether owned by us or by third parties. Automated processing of your content is performed solely for the purpose of delivering the Services you have requested.

13.3 Accuracy. Automated features, including analytics, scoring, recommendations, and business intelligence, are provided as informational tools only. We do not guarantee the accuracy, completeness, or reliability of any output generated by automated processing. You should not rely solely on automated outputs for business decisions.

13.4 Consent to Processing. By using the Platform, you consent to the automated processing of your data as described herein. If you are located in a jurisdiction that requires explicit consent for automated decision-making, your continued use of the Platform constitutes such consent. You may opt out of non-essential automated processing by contacting us at twelve12img@gmail.com.

14. Privacy & Data Processing

14.1 Privacy Policy. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Platform, you acknowledge and consent to the practices described in our Privacy Policy.

14.2 Data Processing Role. When you use the Platform to process personal data of your Clients (including names, email addresses, event details, photographs depicting identifiable individuals, and communications), you act as the data controller and we act as your data processor within the meaning of applicable data protection laws. You are solely responsible for: (a) determining the lawful basis for processing Client data; (b) obtaining all necessary consents, authorizations, and releases from your Clients; (c) providing adequate privacy notices to your Clients; (d) complying with all applicable data protection laws, including GDPR, CCPA, and PIPEDA as applicable; and (e) responding to data subject access requests from your Clients.

14.3 Data Processing Agreement. To the extent required by applicable data protection laws, these Terms serve as the data processing agreement between you (as controller) and us (as processor). We will: (a) process personal data only on your documented instructions; (b) ensure that persons authorized to process the data have committed to confidentiality; (c) implement appropriate technical and organizational security measures; (d) assist you in fulfilling your obligations to respond to data subject requests; and (e) delete or return all personal data upon termination, subject to applicable retention requirements.

14.4 International Transfers. Our Services involve the transfer and processing of data on servers located in the United States and other jurisdictions. By using the Platform, you consent to such transfers. For Users in the European Economic Area (EEA), United Kingdom, or Switzerland, we rely on Standard Contractual Clauses (SCCs) as approved by the European Commission, and any applicable supplementary measures, as the legal mechanism for cross-border data transfers.

14.5 Data Security. We implement industry-standard technical and organizational measures to protect User Content and personal data, including encryption in transit (TLS 1.2+), encryption at rest, access controls, regular security assessments, and incident response procedures. However, no method of electronic transmission or storage is 100% secure, and we cannot guarantee absolute security. You acknowledge and accept this inherent risk.

15. Data Retention & Deletion

15.1 Active Accounts. We retain your User Content and account data for the duration of your account's existence, plus any applicable retention periods described herein.

15.2 Gallery Expiration. Photographers may set expiration dates on galleries. Upon gallery expiration, Client access to the gallery is revoked. Expired gallery data is retained for a period determined by the Photographer's Subscription tier, after which it may be permanently deleted. We provide reminder notifications to Clients prior to gallery expiration but are not liable for data loss resulting from expired galleries.

15.3 Account Deletion. Upon account deletion or termination: (a) your profile and account information will be removed within thirty (30) days; (b) your User Content (including galleries, images, and videos) will be queued for deletion and permanently removed within ninety (90) days; (c) backup copies may persist in our disaster recovery systems for up to one hundred eighty (180) days; and (d) certain data may be retained as required by law, including for tax, audit, or legal compliance purposes.

15.4 Shared Content. Content that has been shared with, downloaded by, or otherwise distributed to third parties prior to deletion cannot be recalled or removed by us. You acknowledge that once content is shared, we have no control over copies made by recipients.

15.5 Data Export. Prior to account deletion, you may export your data through the Platform's export functionality, where available. We recommend downloading all User Content before initiating account deletion. We are not obligated to provide data exports after account deletion has been processed.

16. International Users & Compliance

16.1 Global Access. The Platform is operated from the United States and is primarily designed for Users in the United States. We make no representation that the Platform is appropriate, available, or legally permitted for use in any particular jurisdiction outside the United States. If you access the Platform from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local, national, and international laws and regulations.

16.2 European Users (GDPR). If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have certain rights under the General Data Protection Regulation (GDPR) and applicable local data protection laws, including the right to: (a) access your personal data; (b) rectify inaccurate data; (c) request erasure of your data; (d) restrict processing; (e) data portability; (f) object to processing; and (g) lodge a complaint with your local supervisory authority. To exercise these rights, contact us at twelve12img@gmail.com.

16.3 California Users (CCPA/CPRA). If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to: (a) know what personal information we collect and how it is used; (b) request deletion of personal information; (c) opt out of the sale or sharing of personal information; and (d) non-discrimination for exercising your privacy rights. We do not sell personal information. For details, see our Privacy Policy.

16.4 Canadian Users (PIPEDA). If you are located in Canada, your personal information is handled in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. You have the right to access, correct, and withdraw consent for the processing of your personal information.

17. DMCA & Copyright Policy

17.1 Respect for Copyright. We respect the intellectual property rights of others and expect Users to do the same. We comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512, and respond to notices of alleged copyright infringement that comply with applicable law.

17.2 Filing a DMCA Notice. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement and is accessible on the Platform, you may submit a written notification to our designated DMCA Agent containing: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material that is claimed to be infringing, with sufficient information for us to locate it on the Platform; (d) your contact information (name, address, telephone number, and email); (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner.

17.3 DMCA Agent. DMCA notices should be sent to: twelve12img@gmail.com with the subject line "DMCA Notice."

17.4 Counter-Notification. If you believe that material was removed or disabled by mistake or misidentification, you may submit a counter-notification containing: (a) your physical or electronic signature; (b) identification of the material that has been removed or disabled and its prior location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in Delaware and will accept service of process from the person who filed the original DMCA notice.

17.5 Repeat Infringers. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to or terminate the accounts of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

18. Acceptable Use Policy

18.1 Prohibited Activities. You agree not to engage in any of the following prohibited activities in connection with the Platform:

  • (a) Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • (b) Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • (c) Uploading, posting, or transmitting any content that you do not have a right to make available, including content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • (d) Uploading, posting, or transmitting any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation;
  • (e) Uploading, posting, or transmitting any material that contains software viruses, malware, or any other code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
  • (f) Interfering with or disrupting the Platform, servers, or networks connected to the Platform, or violating any requirements, procedures, policies, or regulations of networks connected to the Platform;
  • (g) Using the Platform to stalk, harass, threaten, or harm another individual;
  • (h) Collecting or storing personal data about other Users without their express consent;
  • (i) Using the Platform for any commercial purpose not expressly permitted by these Terms;
  • (j) Attempting to gain unauthorized access to any portion of the Platform, other accounts, computer systems, or networks connected to the Platform;
  • (k) Using any automated system, including robots, spiders, or scrapers, to access the Platform for any purpose without our express written permission;
  • (l) Circumventing or attempting to circumvent any security, rate-limiting, or access control measures implemented on the Platform.

18.2 Enforcement. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including without limitation removing offending content, suspending or terminating accounts, and reporting violators to law enforcement authorities.

19. Dispute Resolution & Arbitration

19.1 Informal Resolution. Before initiating formal dispute resolution, you agree to contact us at twelve12img@gmail.com to attempt informal resolution. Most disputes can be resolved through good-faith negotiation within thirty (30) days.

19.2 Binding Arbitration. If informal resolution fails, you and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Platform shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, for claims involving businesses, its Commercial Arbitration Rules, as applicable.

19.3 Arbitration Procedures. The arbitration shall be conducted by a single arbitrator in the English language. Unless otherwise agreed, arbitration shall take place in Delaware or, at your election, via telephone or video conference. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and applicable statutes of limitations.

19.4 Arbitration Fees. If your claim does not exceed $10,000, we will pay all filing, administration, and arbitrator fees associated with the arbitration. If your claim exceeds $10,000, the payment of fees shall be governed by the AAA rules. Regardless of the outcome, each party shall bear its own attorneys' fees and costs unless the arbitrator determines that a claim or defense was frivolous or brought for an improper purpose, in which case fees may be shifted.

19.5 Exceptions. Notwithstanding the foregoing, either party may: (a) seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights; (b) pursue claims in small claims court if eligible and if the claim remains in small claims court; or (c) seek emergency or provisional relief as authorized by the arbitrator or by a court pending the outcome of arbitration.

20. Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION. You expressly waive any right to participate in a class action lawsuit, class-wide arbitration, or any other representative proceeding against the Company. Neither you nor the Company may be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

If this class action waiver is found to be unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that particular claim or request shall be severed from the arbitration and may be litigated in court, while the remaining claims shall proceed in arbitration. This waiver shall survive the termination of this Agreement.

21. Disclaimers of Warranties

21.1 AS-IS BASIS. THE PLATFORM AND ALL SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

21.2 NO GUARANTEES. WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, COMPLETE, OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; (E) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED; OR (F) THE PLATFORM WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

21.3 BETA FEATURES. BETA FEATURES, PREVIEW FEATURES, AND EARLY ACCESS FEATURES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. SUCH FEATURES MAY BE INCOMPLETE, CONTAIN BUGS, AND MAY BE MODIFIED, SUSPENDED, OR DISCONTINUED AT ANY TIME WITHOUT NOTICE. YOUR USE OF BETA FEATURES IS AT YOUR SOLE RISK.

21.4 THIRD-PARTY CONTENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT POSTED BY USERS OR ANY OTHER THIRD PARTIES ON OR THROUGH THE PLATFORM.

22. Limitation of Liability

22.1 EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (C) ANY CONTENT OBTAINED FROM THE PLATFORM; (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (E) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (F) ANY OTHER MATTER RELATING TO THE PLATFORM.

22.2 LIABILITY CAP. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

22.3 ESSENTIAL PURPOSE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

22.4 JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

23. Indemnification

23.1 Your Indemnification Obligation. You agree to indemnify, defend, and hold harmless the Company and its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of or related to: (a) your access to or use of the Platform; (b) your User Content; (c) your violation of these Terms or any applicable law; (d) your violation or alleged violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (e) any contract, agreement, or transaction between you and any third party facilitated through the Platform; (f) your negligent or wrongful conduct; or (g) any claim by your Clients, customers, or end users related to services you provided or content you shared through the Platform.

23.2 Procedure. We will provide you with prompt written notice of any claim subject to indemnification (provided that failure to provide timely notice shall not relieve your indemnification obligations except to the extent you are materially prejudiced by such failure). You shall not settle any claim without our prior written consent if the settlement would impose obligations on us, require an admission of fault by us, or fail to include an unconditional release of all Indemnified Parties. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of such claims.

23.3 Survival. Your indemnification obligations under this Section shall survive any termination or expiration of this Agreement.

24. Third-Party Services & Integrations

24.1 Third-Party Integrations. The Platform may integrate with, link to, or otherwise interact with third-party services, including but not limited to payment processors (Stripe), authentication providers (Clerk), cloud infrastructure (Supabase, AWS, Vercel), email services, analytics providers, and other software and services. Your use of any third-party service is governed by that service's own terms of service, privacy policy, and applicable agreements, which you are solely responsible for reviewing and accepting.

24.2 No Endorsement. We do not endorse, warrant, guarantee, or assume responsibility for any third-party service, product, or content. Any reliance on or use of third-party services is at your own risk. We are not liable for any loss, damage, or harm resulting from your interactions with third-party services, including data loss, security breaches, or service interruptions caused by third parties.

24.3 Third-Party Changes. Third-party services may change, become unavailable, or modify their terms at any time without notice to us. We are not responsible for any disruption to the Platform caused by changes to third-party services. We will make commercially reasonable efforts to provide alternative solutions when feasible, but do not guarantee the continued availability of any specific third-party integration.

25. Export Compliance

25.1 Export Controls. The Platform and related technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce, Bureau of Industry and Security, and the trade and economic sanctions programs administered by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC).

25.2 Compliance Obligation. You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (b) you are not identified on any U.S. government restricted parties list, including the Specially Designated Nationals and Blocked Persons List (SDN List), the Entity List, or the Denied Persons List; and (c) you will not export, re-export, or transfer the Platform or any related technology to any prohibited destination, entity, or person without the required U.S. government authorizations.

25.3 Sanctions. If we determine or reasonably suspect that your use of the Platform violates applicable export control or sanctions laws, we may immediately suspend or terminate your access without notice or liability.

26. Governing Law & Jurisdiction

26.1 Governing Law. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or your use thereof, shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Delaware.

26.2 Exclusive Jurisdiction. For any dispute not subject to the arbitration provisions in Section 19, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Wilmington, Delaware. You waive any objection to such jurisdiction or venue on the grounds of inconvenient forum, improper venue, or lack of personal jurisdiction.

26.3 Prevailing Party. In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs of suit in addition to any other relief to which it may be entitled.

27. Termination

27.1 Termination by You. You may terminate your account at any time by cancelling your Subscription (if applicable) and deleting your account through the Platform settings, or by contacting us at twelve12img@gmail.com. Upon termination, your right to use the Services immediately ceases.

27.2 Termination by Us. We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of fees; (d) extended inactivity (twelve (12) or more consecutive months, with thirty (30) days' prior notice); (e) requests by law enforcement or government agencies; (f) discontinuance or material modification of the Platform; or (g) unexpected technical or security issues.

27.3 Effect of Termination. Upon termination: (a) all licenses and rights granted to you under this Agreement terminate immediately; (b) you must immediately cease all use of the Platform; (c) you remain liable for all fees and charges incurred prior to termination; (d) we will retain your User Content for the periods described in Section 15, after which it may be permanently deleted; and (e) we have no obligation to maintain or provide access to your User Content after the applicable retention period.

27.4 Survival. The following provisions shall survive any termination or expiration of this Agreement: Sections 1 (Definitions), 6.1 (Ownership), 6.2 (License Grant — solely with respect to content shared prior to termination), 7 (Intellectual Property), 14 (Privacy), 15 (Data Retention), 19 (Arbitration), 20 (Class Action Waiver), 21 (Disclaimers), 22 (Limitation of Liability), 23 (Indemnification), 25 (Export Compliance), 26 (Governing Law), this Section 27.4, and any other provisions that by their nature should survive termination.

28. Modifications to Terms

28.1 Right to Modify. We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. We will provide notice of material changes by: (a) posting the updated Terms on the Platform with a revised "Last Revised" date; and (b) for material changes that adversely affect your rights, sending notice to the email address associated with your account at least thirty (30) days before the changes take effect.

28.2 Acceptance of Changes. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Platform and cancel your Subscription before the effective date of the changes.

28.3 Non-Material Changes. We may make non-material changes to these Terms (such as correcting typographical errors, updating contact information, or clarifying existing provisions) at any time without prior notice.

29. General Provisions

29.1 Entire Agreement. This Agreement, together with the Privacy Policy, Acceptable Use Policy, and any other policies, guidelines, or supplemental terms incorporated by reference, constitutes the entire agreement between you and the Company with respect to the Platform and supersedes all prior and contemporaneous agreements, proposals, representations, warranties, and understandings, whether written or oral, with respect to the subject matter hereof.

29.2 Severability. If any provision of this Agreement is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The parties agree that the court or arbitrator shall modify the offending provision to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.

29.3 Waiver. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company to be effective.

29.4 Assignment. You may not assign, delegate, or transfer this Agreement or any of your rights or obligations hereunder, whether by operation of law, merger, reorganization, or otherwise, without our prior written consent. Any purported assignment in violation of this Section shall be null and void. We may freely assign this Agreement without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

29.5 Force Majeure. Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, riots, civil unrest, labor disputes, strikes, government actions, embargoes, sanctions, epidemics, pandemics, power or telecommunications failures, Internet disruptions, cyberattacks, or failures of third-party infrastructure providers.

29.6 Independent Contractors. The relationship between you and the Company is that of independent contractors. Nothing in this Agreement shall be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and the Company. Neither party has authority to bind the other or incur obligations on the other's behalf.

29.7 Notices. All notices required or permitted under this Agreement shall be in writing. Notices to you may be sent to the email address associated with your account. You consent to receiving electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices to the Company should be sent to the contact information in Section 30.

29.8 Headings. The section headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.

29.9 Construction. This Agreement shall be construed without regard to any presumption or rule requiring construction against the drafting party. The word "including" shall mean "including without limitation." References to "Sections" refer to sections of this Agreement. The singular includes the plural and vice versa.

30. Contact Information

For questions, concerns, or notices relating to these Terms of Service or the Platform, please contact us:

12IMG, Inc.

Email: twelve12img@gmail.com

For DMCA notices, please include "DMCA Notice" in the subject line.

By creating an account, accessing, or using 12img, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety, including the arbitration provision and class action waiver.

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