Terms of Service

Last Updated: December 10, 2025 Effective Date: December 10, 2025 Version: 1.0

Important Notice

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

THESE TERMS CONTAIN A LIMITATION OF LIABILITY AND REQUIRE INDIVIDUAL DISPUTE RESOLUTION.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Capture and Motion LLC ("khrome", "we", "us", or "our") governing your access to and use of:

Our website at khro.me
Our photo event delivery platform
All related services, features, and content (collectively, the "Services")

By using our Services, you represent that:

You are at least 18 years old OR a business entity with authority to enter into contracts
You have the authority to bind yourself or your organization to these Terms
You are not prohibited from using our Services under applicable laws
All information you provide is accurate and complete

These Terms incorporate by reference:

Privacy Policy
Data Processing Agreement (for EU/UK users)
SMS Terms

2. Definitions

"Account": Your photographer account on the platform
"Content": Photos, videos, logos, text, and other materials you upload
"Gallery": A collection of event photos shared with Guests
"Guest": An individual who receives event photos via SMS or email
"Photographer": A business or individual using our Services to deliver event photos
"Services": Our SaaS platform, website, APIs, and all related features

3. Account Registration

3.1 Creating an Account

To use our Services as a Photographer, you must:

Provide accurate and complete registration information
Create a secure password
Verify your email address
Provide payment information (via Stripe)

3.2 Account Responsibilities

You are responsible for:

Maintaining the confidentiality of your login credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring your account information remains current

Account Sharing Prohibited: Do NOT share your login credentials. Each business must have its own account. We may suspend accounts with shared credentials.

4. Subscription & Billing

4.1 Pricing

Current pricing is available at khro.me/pricing. We may change pricing with 30 days' notice to existing subscribers.

4.2 Billing Cycle

Monthly: Billed on the same day each month
Annual: Billed once per year (discounted rate)
First Charge: Immediately upon subscription
Renewal: Automatic unless canceled

4.3 Payment Method

Payments are processed by Stripe. You must provide a valid payment method and authorize automatic charges for subscription fees.

4.4 Refund Policy

No refunds for partial months or unused time
No refunds for cancellations mid-cycle
Exception: If we materially breach these Terms and fail to remedy within 30 days

4.5 Subscription Changes

Upgrades: Take effect immediately, prorated charge applied
Downgrades: Take effect at next billing cycle
Cancellation: You may cancel anytime from account settings

4.6 Failed Payments

If payment fails:

We will retry 3 times over 15 days
Your account will be suspended after failed retries
Galleries remain online for 30 days (grace period)
After 30 days, your account and galleries will be deleted

4.7 Taxes

All fees exclude applicable sales tax, VAT, GST, or other taxes. You are responsible for all taxes.

5. Acceptable Use

5.1 Permitted Uses

You may use our Services to:

Upload event photos from weddings, parties, corporate events, etc.
Share galleries with Guests via SMS or email
Customize branding and messaging
Download your own content
Access analytics and reports

5.2 Prohibited Uses

Content Restrictions:

Illegal, obscene, defamatory, or hateful content
Content that infringes copyright, trademark, or other IP rights
Content depicting minors without parental consent
Malware, viruses, or malicious code
Sexually explicit or pornographic content

Platform Abuse:

Automated tools (bots, scrapers) without permission
Reverse engineering, decompiling, or hacking the platform
Interfering with or disrupting the Services
Sharing login credentials or subletting your account

Guest Abuse:

Spam or unsolicited marketing via our SMS/email delivery
Harvesting Guest contact information for other purposes
Violating TCPA (SMS) or CAN-SPAM (email) regulations

Competition:

Using our Services to build a competing product
Scraping data to train competing AI models
Reselling our Services without authorization

Violation Consequences:

Immediate account suspension or termination
Permanent deletion of content
Legal action and damages claims
No refunds for terminated accounts

6. Content Ownership & Licenses

6.1 Your Content Ownership

You retain all ownership rights to photos, videos, logos, and other Content you upload. We do NOT claim ownership of your Content.

6.2 License You Grant Us

By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to:

Store Content on our servers
Display Content in galleries
Deliver Content to Guests via SMS/email
Create thumbnails and optimized versions
Back up Content for disaster recovery

This license lasts for the duration of your subscription plus retention period and is revocable upon account deletion (subject to retention policy).

6.3 Guest License

When you share a gallery with Guests, they receive a limited license to view photos online, download for personal use, and share on social media (with credit to you).

Guests may NOT use photos commercially, sell or redistribute photos, or remove watermarks.

6.4 Prohibited Content

You warrant that your Content does not infringe IP rights, violate privacy rights, contain CSAM, or violate any laws.

If you upload prohibited content, we may remove it immediately, suspend your account, and report violations to law enforcement.

7. Gallery Retention Policy

7.1 Standard Retention

Galleries remain online for 2 years from the event date, then are automatically deleted.

7.2 Extensions

You may request one 2-year extension (max 4 years total) by contacting support@khro.me before expiration.

7.3 Early Deletion

We may delete galleries earlier if you cancel your subscription (30-day grace period), your account is terminated for violations, or we are legally required.

7.4 Guest Deletion Requests

Guests may request deletion of their photos anytime (GDPR right to erasure). This overrides your retention settings.

7.5 No Backups After Deletion

Once deleted, galleries are permanently gone. We cannot recover them. You are responsible for maintaining backups.

8. Biometric Data / Facial Recognition

8.1 Optional Feature

Facial recognition is disabled by default, enabled per-event by Photographer, and requires Guest consent.

8.2 Photographer Responsibilities

If you enable facial recognition, you must clearly disclose it to Guests, obtain opt-in consent, honor deletion requests, and comply with state laws (e.g., Illinois BIPA).

8.3 Liability

We are not liable for your failure to obtain proper consent. You indemnify us for any claims arising from your use of facial recognition features.

9. SMS & Email Delivery

9.1 How SMS Delivery Works

khrome as Sender:

SMS messages are sent from khrome on behalf of your studio
Messages include your studio name for guest recognition
khrome maintains 10DLC registration and carrier relationships
All TCPA compliance is handled by khrome's infrastructure

9.2 Compliance Responsibilities

khrome's Responsibilities:

Maintain 10DLC campaign registration
Provide compliant opt-in forms and consent language
Handle STOP/HELP keyword responses
Track consent records for TCPA auditing
Ensure transactional message classification

Your Responsibilities as Photographer:

Collect guest phone numbers at events with understanding they'll receive gallery access
Ensure contact information is accurate
Only send galleries to guests who attended your events
Do NOT use SMS delivery for marketing

9.3 Delivery Limitations

We cannot guarantee 100% delivery rates, delivery speed, or international delivery (some countries restricted).

9.4 Abuse Prevention

If we detect spam or abuse, we may suspend delivery features, suspend your account, or terminate your subscription without refund.

10. Service Availability

10.1 Service "As-Is"

Our Services are provided "AS IS" and "AS AVAILABLE". We do not guarantee 100% uptime, uninterrupted service, error-free operation, or data integrity. You must maintain backups.

10.2 Maintenance

Scheduled: We will notify you 24 hours in advance
Emergency: No notice (e.g., security patches)

10.3 Service Changes

We may modify features, discontinue features with 30 days notice, change API endpoints, or update design.

11. Third-Party Services

We use third-party services (Cloudinary, Resend, Telnyx, Stripe, Vercel). You agree to comply with their terms. We are not liable for their failures.

Our Services may link to third-party websites. We are not responsible for their content or privacy practices.

12. Intellectual Property

12.1 Our Ownership

We own all rights to the khrome platform, trademark, logo, documentation, and APIs. You may NOT copy, modify, or create derivative works, or use our trademarks without permission.

12.2 Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without compensation.

13. Privacy & Data Protection

Your use is governed by our Privacy Policy. For EU/UK Guests, our Data Processing Agreement applies.

As a Photographer, you are responsible for obtaining Guest consent, complying with privacy laws, and responding to data rights requests.

14. Termination

14.1 Termination by You

You may cancel anytime. Billing stops at end of current period. Galleries remain online for 30 days for downloads. After 30 days, all data is permanently deleted.

14.2 Termination by Us

We may suspend or terminate immediately if you violate these Terms, upload prohibited content, payment fails, or we are legally required.

14.3 Effect of Termination

All licenses are revoked. You must stop using Services. Galleries are deleted after 30-day grace period. You remain liable for fees incurred.

15. Warranties & Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

No Warranty of Merchantability
No Warranty of Uptime or Quality
No Warranty of Security
No Warranty of Accuracy

YOU ARE RESPONSIBLE FOR: Maintaining backups, ensuring legal compliance, and using Services at your own risk.

16. Limitation of Liability

16.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF $100 USD OR fees paid by you in the last 6 months.

16.2 Excluded Damages

WE ARE NOT LIABLE FOR: Indirect damages, lost profits, business interruption, lost data, consequential damages, punitive damages, third-party claims, or force majeure.

16.3 Exceptions

This limitation does NOT apply to gross negligence, willful misconduct, death or personal injury, fraud, or liabilities that cannot be excluded by law.

17. Indemnification

You agree to indemnify and hold harmless Capture and Motion LLC from claims arising from your Content, your use of Services, Guest claims (lack of consent, GDPR/TCPA violations), and third-party claims.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law principles.

18.2 Jurisdiction

Any disputes shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You consent to personal jurisdiction.

18.3 Class Action Waiver

YOU AGREE TO BRING CLAIMS INDIVIDUALLY, NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

18.4 Time Limit

Any claim must be brought within 1 year of the cause of action arising.

19. General Provisions

19.1 Entire Agreement

These Terms, Privacy Policy, DPA, and SMS Terms constitute the entire agreement.

19.2 Amendments

We may update these Terms. Material changes will be notified via email or website notice 30 days before taking effect.

19.3 Severability

If any provision is invalid, the remaining provisions remain in force.

19.4 No Waiver

Failure to enforce a provision does not waive our right to enforce it later.

19.5 Assignment

You may NOT assign these Terms. We may assign to affiliates, successors, or acquirers.

19.6 Force Majeure

We are not liable for delays due to events beyond our control.

19.7 Notices

To You: Email to your registered address To Us: Email to legal@khro.me

19.8 Language

These Terms are in English. English version controls over any translations.

20. Contact Us

General Inquiries: support@khro.me Legal/Compliance: legal@khro.me Privacy: See Privacy Policy

21. Version History

Version 1.0 (2025-12-10): Initial release