Version 2 · Effective: May 6, 2026
This is an initial production version. We periodically review and update these Terms as the platform grows. Material changes are surfaced to you on your next sign-in.
These Terms of Service ("Terms") apply to photographer and platform-staff users of the MomentPix platform — the people authorized to upload photographs, manage galleries, fulfill orders, and operate the studio side of the platform.
Scope today and tomorrow. During Phase 1 of the MomentPix rollout, the only authorized photographer accounts are MomentPix's own staff and contracted shooters operating MomentPix-branded events. When MomentPix opens the platform to independent third-party photographers as a software-as-a-service offering, those photographers will receive an additional Photographer-as-Partner Addendum that supplements these Terms. Until that addendum is published and accepted, third-party photographer SaaS terms (subscription pricing, payout schedules, white-label provisions, multi-tenant studio configurations, etc.) are not in effect.
To hold a photographer account, you must be an authorized representative of MomentPix or, when the Photographer-as-Partner Addendum is in effect, an independent photographer who has accepted the Addendum and remained in good standing.
Photographer accounts are created by MomentPix staff or by an authorized inviter through the in-product invitation flow. You are responsible for keeping your credentials secure and for all activity that occurs under your account.
You retain ownership. Copyright in each photograph remains with the Photographer (or the Photographer's employer or contracting organization, depending on the work-for-hire arrangement that produced the photograph). MomentPix does not claim ownership of your Content.
License to operate the Platform. You grant MomentPix a worldwide, non-exclusive, royalty-free license to host, store, transcode, watermark, encrypt, decrypt, transmit, display, and deliver your Content as needed to operate the Platform — for example, to render the gallery for consumers, to deliver downloads after purchase, to generate previews and thumbnails, and to back up files for disaster recovery. The license terminates on your account closure, except for the limited retention windows described in Section 12.
No unrelated use. We do not use your Content for our own marketing, training, advertising, or any other purpose unrelated to operating the Platform without your separate written permission. We do not provide your Content to third parties for those purposes either.
You represent and warrant that, for each piece of Content you upload to the Platform:
For Phase 1, MomentPix-staff photographer accounts do not generate revenue-share payouts; orders are recorded under MomentPix's merchant account, and any compensation arrangement is governed by your separate employment or contractor agreement with MomentPix.
The Photographer-as-Partner Addendum, when issued, will describe subscription pricing, transaction fees, payout schedules, currency support, tax handling, and chargeback responsibility for independent photographers. Until then, those provisions are not in effect.
You are responsible for your own tax obligations arising from your use of the Platform — income tax, self-employment tax, sales-and-use tax (where applicable to your operations), and any required tax filings or disclosures. MomentPix does not provide tax advice. When the Photographer-as-Partner Addendum is in effect, MomentPix may, where required by law, issue tax forms (such as a U.S. IRS Form 1099-K) reporting payment volumes processed through the Platform on your behalf; you remain responsible for your own filings regardless.
You agree not to:
We may suspend or terminate accounts that violate these rules, with notice where practical.
We will work with you in good faith to remove a photograph from a gallery upon a valid request from the Subject (or, for minors, a parent or guardian), or upon a valid legal demand. Removal does not affect copies that consumers have already legitimately downloaded. You agree to honor reasonable removal requests promptly upon receiving them through the Platform's support flow.
We aim to keep the Platform available and operational. We may from time to time:
We will give reasonable advance notice for material changes and scheduled maintenance where we can. We do not currently commit to a specific service-level objective; the Photographer-as-Partner Addendum may include one.
The Platform may offer image-correction, watermarking, color-management, and other editorial features. These features are provided as-is; results may vary based on input file quality, camera equipment, and lighting. You are responsible for reviewing the outputs before publishing them to consumers.
In the course of using the Platform, you may receive non-public information about MomentPix, the Platform's roadmap, internal pricing, or other photographers' businesses (where you are a MomentPix-staff user). You agree to keep that information confidential and to use it only for the purpose for which it was shared.
You may close your account at any time by contacting support@momentpix.com. We may suspend or terminate your account for material breach, as required by law, or if continued operation would expose us to legal or security risk.
On termination:
Sections that by their nature should survive termination — including representations and warranties about Content, indemnification, disclaimers, limitations of liability, and dispute resolution — will survive.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY CONTENT WILL BE FREE FROM CORRUPTION OR LOSS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOMENTPIX AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUES, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE AMOUNT MOMENTPIX RECEIVED FROM YOU IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR, IF NO PAYMENTS WERE MADE, ONE THOUSAND U.S. DOLLARS ($1,000.00).
You agree to defend, indemnify, and hold harmless MomentPix and its officers, employees, and agents from and against any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) Content you upload, including any claim that the Content infringes a third-party right or violates a Subject's rights; (b) your use of the Platform; (c) your representations and warranties under Section 4, including representations about model releases, parental consent, FERPA, and COPPA; (d) your tax obligations; (e) your interactions with consumers; or (f) your violation of these Terms or any applicable law.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the dispute-resolution provisions in Section 17, the state and federal courts located in Miami-Dade County, Florida have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and we consent to that jurisdiction and venue.
Informal resolution first. Most issues can be resolved by contacting support@momentpix.com. Please try that route first.
Binding arbitration. Any dispute that is not resolved informally and that arises out of or relates to these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in Miami-Dade County, Florida. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
Class-action waiver. YOU AND MOMENTPIX EACH AGREE THAT DISPUTES WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Carve-outs. Either party may seek injunctive or other equitable relief in court for the alleged misuse of intellectual property or breach of confidentiality.
We may update these Terms as the Platform evolves. The version number and effective date appear at the top. Material changes are presented to authenticated photographer users for re-acceptance on next sign-in. Continued use after the effective date constitutes acceptance.
These Terms, together with the Privacy Policy, the Cookie Policy, the Photographer-as-Partner Addendum (if and when in effect for you), and any separate written agreements between you and MomentPix, constitute the entire agreement between you and MomentPix regarding the Platform. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to MomentPix should be sent to legal@momentpix.com or the Miami address below; notices from MomentPix to you may be sent to the email associated with your account.
MomentPix, LLC Miami, Florida Email:
support@momentpix.com(general) ·legal@momentpix.com(legal notices)