Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the BPapp mobile application (the “App”), you agree to be bound by these Terms of Service (“Terms”). The App is operated by BorstPhoto, LLC (“we,” “us,” or “our”). If you do not agree to these Terms, do not use the App.

2. Description of Service

BPapp is a photographer delivery and client experience platform that provides:

• Photo collection delivery and viewing
• Shoot booking and scheduling
• Invoice and payment processing
• Client communication and notifications
• Photo favoriting and custom collection creation
• Augmented reality photo preview

The App operates in two modes: a photographer administration mode and a client portal mode. Access and available features depend on your role.

3. Eligibility & Access

You must be at least 13 years of age to use the App. Client access is granted through a token-based invitation system. You will receive a unique link from the photographer that grants access to your photo collections and account features.

Your access to the App is tied to your authenticated account (via Google or Apple Sign-In) and any tokens associated with it. The photographer may revoke token access at any time.

4. Account Security

You are responsible for maintaining the security of your device and authentication methods used to access the App. You agree to:

• Keep your device and sign-in credentials secure
• Notify us immediately of any unauthorized access to your account
• Not share your access tokens or allow others to use your account
• Not attempt to access other users’ data or circumvent security measures

5. Photo Content & Intellectual Property

All photographs delivered through the App are the intellectual property of the photographer (BorstPhoto, LLC) unless otherwise specified in a separate licensing agreement. By using the App, you acknowledge that:

• Photos are provided for personal use unless a commercial license has been granted
• You may not redistribute, resell, or sublicense photos without written permission from the photographer
• Favoriting, downloading, or organizing photos within the App does not transfer ownership or additional usage rights
• The photographer retains the right to use photos for portfolio and promotional purposes unless otherwise agreed

The App itself, including its design, code, and branding, is the property of BorstPhoto, LLC and is protected by copyright and trademark law.

6. Bookings & Payments

The App facilitates shoot booking and payment processing. By using these features, you agree that:

• Booking confirmations and deposit payments are binding once submitted
• Payment processing is handled by third-party providers (Stripe and/or PayPal) and is subject to their respective terms of service
• Refund and cancellation policies are determined by the photographer and communicated at the time of booking
• We are not responsible for payment disputes handled by third-party payment processors

7. Acceptable Use

You agree not to:

• Use the App for any unlawful purpose
• Attempt to reverse engineer, decompile, or disassemble the App
• Interfere with or disrupt the App’s infrastructure
• Scrape, harvest, or collect data through automated means
• Impersonate another person or misrepresent your identity
• Use the App to transmit malicious code or harmful content
• Attempt to access photo collections or data not assigned to your account

8. User-Generated Content & Moderation

The App allows photographers and clients to upload, share, and transmit content including photographs, descriptions, invoices, and messages (collectively, “User Content”). You are solely responsible for the User Content you submit and for ensuring that you have all necessary rights to share it.

Zero tolerance for objectionable content. You agree not to upload, share, or transmit any User Content that:

• Is illegal, defamatory, obscene, pornographic involving minors, or otherwise unlawful
• Harasses, threatens, abuses, or incites violence against any individual or group
• Infringes on the intellectual property, privacy, or publicity rights of any third party
• Contains malware, viruses, or other malicious code
• Constitutes spam, phishing, or fraudulent solicitation
• Depicts a person without their informed consent, especially where sensitive (NSFW) content is involved

Reporting and blocking. The App provides in-app tools for you to report objectionable User Content or other users, and to block any photographer from your account. You can find these tools in the photo viewer (Report) and on the Settings screen (Report and Block). Blocked photographers and their content are hidden from your account.

Our response. We review every report within twenty-four (24) hours of receipt. If we determine that User Content or a user violates these Terms, we will remove the offending content and may suspend or permanently terminate the offending user’s account, at our sole discretion and without prior notice. We may also cooperate with law enforcement where required.

Sensitive content controls. Photographers may flag a collection as containing sensitive (NSFW) material. The App blurs flagged photos by default and provides a per-session reveal control so clients can choose whether to view the unblurred content. We encourage photographers to use this flag responsibly.

We are not obligated to monitor User Content proactively, but we reserve the right to do so. Any User Content posted to the App does not reflect our views, and we disclaim all liability for User Content submitted by users.

9. Push Notifications

The App may send push notifications regarding booking updates, payment reminders, photo delivery alerts, and other account activity. You can manage notification preferences through your device’s settings. Opting out of notifications does not affect your access to the App or its services.

10. Third-Party Services

The App integrates with third-party services including Google Sign-In, Apple Sign-In, Dropbox, Stripe, and PayPal. Your use of these services is governed by their respective terms and policies. We are not responsible for the content, practices, or availability of third-party services.

11. Disclaimer of Warranties

The App is provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components. We make no guarantees regarding the availability or quality of photos delivered through the App, though we strive to maintain high standards.

12. Limitation of Liability

To the maximum extent permitted by applicable law, BorstPhoto, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the App. This includes, but is not limited to, loss of photos, missed bookings, payment processing errors, or interruptions in service. Our total liability for any claim arising from these Terms shall not exceed the amount you paid for services in the twelve (12) months preceding the claim.

13. Indemnification

You agree to indemnify and hold harmless BorstPhoto, LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney’s fees) arising from your use of the App or your violation of these Terms.

14. Account Termination

We may suspend or terminate your access to the App at any time, with or without cause. You may delete your account at any time through the App’s Settings screen. Upon account deletion, your data will be permanently removed in accordance with our Privacy Policy.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in Jefferson County, Kentucky.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to this page with an updated “Last updated” date. Your continued use of the App after any changes constitutes acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us at: