Terms of Service
Version 1.3 · Effective January 1, 2027
These Terms of Service ("Terms") are an agreement between you and Fylix Digital LLC, a Texas limited liability company ("felyx-photos," "we," "us"). They apply to our website, every studio booking site we host, and related services (together, the "Service"). Part A applies to everyone. Parts B, C and G apply to studios. Part D applies to clients. Parts E, F, H and I apply to everyone.
Part A — General
A1. Definitions. "Studio" means a photography business that subscribes to the Service, including its owner and team members. "Client" means a person who books, pays, signs, messages or downloads through a Studio's site. "Studio Site" means a booking site we host for a Studio, at a felyx-photos subdomain or the Studio's own domain. "Client Data" means information about Clients that a Studio collects or stores through the Service.
A2. Accepting these Terms. You accept these Terms by creating an account, booking through a Studio Site, or otherwise using the Service. If you use the Service for a business, you confirm you can bind that business.
A3. Eligibility. You must be at least 18 years old and able to form a binding contract.
A4. Accounts. Keep your password confidential and tell us promptly about unauthorized use. You are responsible for activity under your account. Accounts are specific to each Studio Site: an account with one Studio does not give access to another.
A5. Changes to these Terms. We may update these Terms. For material changes we will give Studios at least 30 days' notice by email and show a notice in the Service. Changes apply going forward; continued use after the effective date means you accept them. A change never applies retroactively to a booking already made.
A6. Privacy. Our Privacy Policy explains how we handle personal information and is part of these Terms.
Part B — Studios: plans, billing and storage
B1. Plans. The Service is offered on plans that differ in price, storage, team size, platform fee and features, as shown on our website and in your dashboard. We may change plan features or prices with at least 30 days' notice; price changes take effect at your next billing period after the notice period.
B2. Free trials. Paid plans may include a free trial, one per Studio. Unless you cancel before the trial ends, your plan automatically converts to a paid subscription and your payment method is charged the plan's price. We will email you at least 3 days before the trial ends.
B3. Automatic renewal. Paid plans renew automatically each month until you cancel. By subscribing you authorize us, through Stripe, to charge your payment method each month for the plan's price plus applicable taxes.
B4. Cancelling and changing plans. You can cancel or change plans at any time in Settings → Plan & storage, without contacting us. Cancellation takes effect at the end of the current billing period, after which your Studio moves to the Free plan (see B10 if you already have a Free Studio). Upgrades take effect immediately and are prorated. You cannot downgrade to a plan whose storage or team limits your current usage exceeds. Fees already paid are non-refundable except where the law requires otherwise.
B5. Failed subscription payments. If a payment fails, we will notify you and retry. If it is not resolved within 14 days, we may limit your Studio Site, including turning off online booking, until it is.
B6. Platform fees. On plans with a platform fee, we collect the fee shown for your plan from each Client payment made through your Studio Site, through Stripe. The fee is refunded to the Client together with any refund of the payment.
B7. Storage. Each plan includes a storage allowance covering every file you store. Uploads are refused once the allowance is full. Camera originals are deleted automatically 45 days after the related shoot is delivered. Delivered photos are kept while your account stays active, subject to B8 and our retention schedule.
B8. Inactive Free accounts. A Studio on the Free plan with no team logins and no bookings for 60 consecutive days may be deleted with its files. We will email the owner at least 14 and 3 days before. Studios with shoots in progress are never deleted this way. Signed agreements are archived as described in our Privacy Policy and are not deleted with the Studio.
B9. Custom domains and short links. If your plan includes it, you may connect a domain you own. You must keep the domain registered and its DNS records in place; if checks fail repeatedly we will switch your Studio Site back to its felyx-photos address. Short links remain active while your account exists.
B10. One Free Studio per person. Each person (identified by email address) may own one Studio on the Free plan. You may own any number of Studios on paid plans, and one Free Studio alongside them. We may refuse a Free sign-up if that email already owns a Free Studio, and we do not accept sign-ups using email aliases (for example name+tag@example.com) to get around this rule. If you end up with more than one Free Studio, for example because a paid Studio moves to the Free plan, you must upgrade or delete the extra Studios. At your next login we will ask you to do so for the Studio you are logged in to, and we may restrict that Studio's dashboard until you have. Your Studio Site stays online meanwhile. Deleting a Studio permanently removes its data as described in our Privacy Policy.
Part C — Studios: running your business on felyx-photos
C1. You are the seller. Bookings made on your Studio Site are agreements between you and your Client. felyx-photos is not a party to them, is not a photographer, and does not guarantee any Studio's services.
C2. Your policies and contracts. You set your own prices, policies, refunds and contracts. Starter contract templates are provided for convenience only, are not legal advice, and should be reviewed by your own attorney.
C3. Taxes. You are responsible for deciding whether sales tax applies to your services, setting the rate, and collecting, filing and paying it. The sales tax setting is a convenience; we do not calculate tax obligations for you.
C4. Payment account. To take payments you must connect a Stripe account and accept Stripe's Connected Account Agreement. You are responsible for refunds, chargebacks, disputes and Stripe's fees on your account.
C5. Client Data. You are responsible for having a lawful basis to collect Client Data, for its accuracy, and for honoring Clients' privacy requests that relate to your business. We publish a client privacy notice on your Studio Site with your details; keep those details current.
C6. Photos and releases. You confirm you have the rights and any releases needed for photos you upload, including example work shown publicly and photos of minors.
C7. Team members. You are responsible for the people you add to your team and for their actions in the Service.
C8. Communications. Emails to your Clients are sent on your behalf with your Studio's name. You must not use the Service to send unsolicited marketing.
C9. Ad and analytics tags. If you add Google or Meta tags to your Studio Site, you are responsible for telling your Clients about them in your privacy notice and for getting any consent the law requires. We show a consent banner on Studio Sites in the EU, EEA, UK and Switzerland and we do not load the tags until a visitor accepts, but you remain responsible for your use of these tools and for what you do with the data they collect.
Part D — Clients
D1. Your booking is with the Studio. When you book through a Studio Site, your agreement for photography services is with that Studio. Questions about the shoot, rescheduling, refunds or the photos go to the Studio, which you can message from your account.
D2. Prices and payment. Prices, deposits, taxes and payment schedules are set by the Studio and shown before you pay. Payments are processed by Stripe and paid to the Studio.
D3. Agreements. A Studio may ask you to sign an agreement electronically before you pay. Signing is governed by the electronic records disclosure shown on the signing page.
D4. Date holds. For some bookings your card is authorized when you request a date and charged only if the Studio approves. If it declines or does not respond in time, the authorization is released.
D5. Photos. Access to photos, downloads and any purchase of extra photos are governed by the Studio's package and agreement. Proof previews are for selection only.
D6. Your account. You may ask the Studio, or us, to close your account. Some records, such as signed agreements and payment records, are kept as described in our Privacy Policy.
Part E — Payments and saved cards
E1. Stripe. Payments are processed by Stripe, Inc. We do not receive or store full card numbers. Use of Stripe is subject to Stripe's terms.
E2. Automatic installment payments. If a package offers automatic payments and you agree at checkout, your card is saved on the Studio's Stripe account and charged for the balance in the number of payments shown. The amounts and dates are confirmed by email once your date is confirmed. You will receive an email at least 3 days before each charge. You may turn off automatic payments at any time on your booking page; this does not cancel the booking or the balance owed, which you will then pay by payment link. If a charge fails, you will receive a link to pay manually; the Studio's agreement governs any consequences of late payment.
E3. Disputes. Contact the Studio first about any charge. Card disputes are handled between you, your card issuer, the Studio and Stripe.
Part F — Acceptable use and content
F1. You may not use the Service for anything unlawful or deceptive; impersonate a person or business; upload content you have no right to, or that is sexually explicit, exploits minors, or infringes others' rights; send spam or phishing; probe, scan or attempt to break the Service's security; access data that is not yours; or resell the Service without our written permission.
F2. Your content. You keep ownership of what you upload. You give us a limited license to host, copy, display and transmit it only as needed to run the Service for you, including displaying a Studio's public site content on its Studio Site.
F3. Removal. We may remove content or suspend accounts that violate these Terms or the law, with notice where reasonable.
F4. Copyright complaints. Send notices under the Digital Millennium Copyright Act to legal@felyxphotos.com, 436 Cold Mountain Trl, Fort Worth, TX 76131.
Part G — Data processing for Studios
G1. Roles. For Client Data, the Studio is the business that decides why it is collected, and felyx-photos processes it on the Studio's behalf as its service provider.
G2. Our commitments. We will process Client Data only to provide and secure the Service, as instructed by the Studio through its use of the Service, or as required by law; not sell or share Client Data or use it for advertising; require our staff and subprocessors to keep it confidential; protect it with reasonable technical and organizational measures; tell the Studio without undue delay, and within 72 hours where practical, after confirming a security incident affecting its Client Data; help the Studio respond to Clients' privacy requests; and delete or return Client Data at the end of the relationship, except records we must keep under our retention schedule or the law.
G3. Subprocessors. The Studio authorizes the subprocessors listed on our subprocessors page. Our Data Processing Addendum applies to Studios in the European Economic Area, the United Kingdom and Switzerland, and to any Studio that asks for it. We will give 30 days' notice of a new subprocessor; a Studio that objects may cancel.
G4. Our access. Our staff access Client Data only to support the Studio, investigate abuse or security issues, or meet legal obligations, and access is limited to authorized staff.
Part H — Disclaimers, liability and disputes
H1. Disclaimer. The Service is provided "as is" and "as available." To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement, and do not warrant that the Service will be uninterrupted or error-free.
H2. Limit of liability. To the extent the law allows (and subject to Part I), we are not liable for indirect, incidental, special, consequential or punitive damages, or lost profits, data or goodwill. Our total liability for any claim is limited to the greater of the amounts you paid us in the 12 months before the claim, or $100.
H3. Indemnity. Studios will defend and indemnify felyx-photos against claims arising from their services, contracts, content, Client relationships, taxes or breach of these Terms.
H4. Termination. You may stop using the Service at any time. We may suspend or end access for breach of these Terms, non-payment, or risk to the Service or others. Parts C1–C3, F2, G, H and accrued payment obligations survive.
H5. Governing law and venue. Texas law governs these Terms, without regard to conflict-of-law rules. Courts in Tarrant County, Texas have exclusive jurisdiction, except that either party may bring a claim in small-claims court. This clause is subject to Part I: it does not apply to consumers who have the benefit of mandatory local law.
H6. Miscellaneous. These Terms are the entire agreement about the Service. If a provision is unenforceable, the rest remain in effect. We may assign these Terms in a merger or sale. Notices to us: legal@felyxphotos.com, 436 Cold Mountain Trl, Fort Worth, TX 76131.
Part I — Consumers and people outside the United States
I1. Who this covers. This Part applies to you if you use the Service as a consumer (that is, mainly for purposes outside your trade or profession), for example as a Client booking a photographer, and you live in the European Union, the United Kingdom, Switzerland, Australia, New Zealand or another place whose law gives consumers protections that cannot be waived by contract.
I2. Your local consumer law is not affected. Nothing in these Terms removes or limits rights you have under mandatory consumer law where you live. Where these Terms conflict with those rights, those rights win. This includes, where they apply, statutory guarantees that services are provided with reasonable care and skill (for example under the UK Consumer Rights Act 2015, or the Australian Consumer Law), and any right to cancel a distance contract (see I4).
I3. Governing law and courts for consumers. The Texas governing-law and venue clause (H5) does not take away the protection of the mandatory consumer law of the country where you live. You may bring a claim in the courts of the country where you live, and where the law gives you that right, you may rely on that country's law. Limits and exclusions of liability in these Terms apply to consumers only as far as the law of your country allows; nothing limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.
I4. Right to cancel (14 days). If you are a consumer in the European Union, the United Kingdom or Switzerland, you may have the right to cancel a service you book online within 14 days without giving a reason. The Studio is the seller and sets out how this works in its agreement with you, including your request to start the service early and payment for what has been provided. Our own subscription is for businesses and is not offered to consumers.
I5. Dispute resolution. Before going to court, please contact the Studio, and then us at legal@felyxphotos.com. Consumers in the European Union may also use the European Commission's online dispute resolution information and their national consumer bodies; consumers in the United Kingdom, Australia and New Zealand may contact their national consumer authority.
I6. Language. Translations of these Terms are for convenience. If there is a difference, the English version governs, except where the law of your country requires otherwise.