Terms of Service

1. Who can use Terracotta

Photographer accounts are for people 18 or older who can enter a binding contract, using Terracotta for their own photography business or work. If you sign up on behalf of a business, you agree to these terms for that business. Give us accurate account details, keep your password private, and tell us right away at support@terracottagalleries.com if you think someone else has accessed your account. You're responsible for what happens under your login.

Your clients and anyone else you share a gallery with ("gallery visitors") may view, favorite, download and order prints of the photos you make available to them. They agree to these terms by using a gallery.

2. What Terracotta provides

Terracotta lets photographers upload photos, deliver them to clients in online galleries, control downloads and privacy, and sell prints through a built-in store fulfilled by a professional photo lab. We improve Terracotta all the time, so features may change. If we remove something important you're paying for, we'll give you reasonable notice.

3. Your photos are yours

You keep all rights to the photos and other content you upload. You give us a limited license to store, copy, process and display that content only as needed to run Terracotta for you. That covers making web-sized versions, showing galleries to the people you share them with, keeping backup copies, and sending files to the print lab when someone orders a print. This license ends when you delete the content, except for backup copies that expire on the schedule in our Privacy Policy.

We don't sell your photos. We don't use them to train AI models, and we don't use them in our own marketing without your written permission.

You're responsible for your content. You confirm that you have the rights and permissions to upload and share it, including any consent or releases needed from the people in your photos, and that it doesn't break the law or anyone else's rights.

4. Acceptable use

Don't use Terracotta to:

• upload or share anything illegal, including any sexual content involving minors, which we report to the authorities;
• share content you don't have the rights to, or that infringes someone else's copyright, trademark or privacy;
• harass, threaten or exploit anyone, or share intimate images without consent;
• distribute malware, probe or overload our systems, or get around security or usage limits;
• scrape the service, resell storage, or use Terracotta as general file hosting unrelated to photography.

We may remove content or suspend accounts that break these rules. Except in urgent or legally required cases, we'll tell you first and give you a chance to fix the problem.

5. Pricing and billing

• Free storage. Your first 3 GB of stored photos are free. Every feature is included on every account.
• Usage billing. Above the free amount, you pay for the storage you keep, at the rates on our pricing page, prorated by the day. We bill monthly, after the month ends, for the storage you actually used.
• Small bills. If a month's total is under $5, we may carry it into the next month's bill instead of charging your card for a tiny amount. That isn't a minimum fee; it's the same money, collected less often.
• Payment. Payments are handled by Stripe. You authorize us to charge the payment method on file for each bill. Prices don't include taxes, which we add where required.
• Limits. You can set a budget alert or a monthly limit in your studio. A limit pauses new uploads only; it never deletes anything.
• Price changes. We'll give you at least 30 days' notice by email before a price change takes effect.
• Missed payments. If a payment fails, we'll email you and retry. If a bill stays unpaid, we may pause uploads and then take galleries offline until it's paid. We won't delete your photos for non-payment without at least 30 days' written notice.

Our first-year promise (if you stay under 250 GB and your first year costs more than your old gallery company would have charged, we refund the difference) is covered by the terms on the pricing page. See our Refund Policy for refunds generally.

6. The print store

If you turn on the print store, your gallery visitors can buy prints and other products of your photos. You set your prices. Terracotta processes each order's payment, sends the order to our partner lab for printing and shipping, and pays you your share: the sale price minus the lab's cost, card processing fees, and any Terracotta fee shown in your studio before you enable sales.

Payouts go through Stripe Connect, so you'll need a Stripe account and agree to the Stripe Connected Account Agreement. Payouts may be held or reversed for orders that are refunded or disputed. Print orders follow our Refund Policy.

7. Backups are a safety net, not your archive

We store your photos with care and keep a separate recovery copy with a second provider. Even so, no service is perfect. Keep your own copies of your original files. Terracotta shouldn't be your only copy of your work.

8. Ending your account

You can delete galleries or your whole account at any time, with no cancellation fee. Charges stop the moment a deletion is confirmed, and your final bill covers storage used up to that point. We may suspend or end an account that seriously or repeatedly breaks these terms, or as required by law. Where we can, we'll give you notice and a chance to download your photos first.

9. Copyright complaints

If you believe something on Terracotta infringes your copyright, email support@terracottagalleries.com with:

• the work you own;
• the gallery link or the material you're reporting;
• your contact details;
• a statement that you believe in good faith that the use isn't authorized;
• a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for them;
• your signature.

We respond to valid notices under the Digital Millennium Copyright Act. We may close the accounts of repeat infringers.

10. Disclaimers

We work hard to keep Terracotta fast and available, but it is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the service will be uninterrupted or error-free.

11. Limitation of liability

To the extent the law allows, Terracotta isn't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to Terracotta is limited to the greater of the amount you paid us in the 12 months before the claim or $100. Some places don't allow these limits, so they may not all apply to you.

12. Indemnity

If someone brings a claim against us because of your content or your breach of these terms, you agree to defend us and cover the reasonable costs, damages and legal fees that result.

13. Disputes and governing law

If something goes wrong, email us first. Most problems can be fixed quickly. These terms are governed by the laws of the State of Hawaii, without regard to its conflict-of-law rules. Any dispute that we can't resolve informally will be handled in the state or federal courts located in Hawaii, and you and we both consent to those courts.

14. Changes to these terms

We may update these terms as Terracotta grows. For material changes, we'll email you at least 30 days before they take effect. If you keep using Terracotta after that, you accept the updated terms. If you don't agree, you can delete your account before then.

15. Contact

Terracotta Galleries LLC · support@terracottagalleries.com