Terms of Service

These Terms of Service (the "Terms") are an agreement between you and BeyondVivid LLC ("BeyondVivid," "we," "us") covering your use of job◎photos, our field photo capture and organization app for contractor crews (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you are authorized to bind that company.

The service

job◎photos lets a crew capture job-site photos inside the app, files each photo to a project, and stores it in private cloud storage so your team and your marketing provider can use it. Captured photos do not save to your phone's personal gallery unless you choose to save or send them.

Accounts and crews

You sign in through our authentication provider. A company is set up as an organization, and the person who creates it is the crew lead (administrator). The crew lead can invite members, create projects, and manage the subscription. You are responsible for keeping your credentials secure and for everything done under your account and your organization, including your crew members' use of the Service.

Subscriptions, billing, and cancellation

• New companies start with a free trial. After the trial, continued use requires a paid subscription, billed monthly or annually through our payment processor, Stripe. We never see or store your full card details.
• A base plan includes up to three crew members. Additional members, and the optional unlimited storage upgrade, are billed at the rates shown on the plan page in effect when you subscribe.
• Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time. When you cancel, your plan stays active through the end of the period you already paid for and does not renew after that. We do not provide prorated refunds for partial periods.
• If a payment fails, we may pause access to the app until payment is updated. Photos you have already captured remain stored and are not deleted because of a failed payment.
• We may change prices or plan features. We will give reasonable notice before a change affects your renewal.

Your content and who can see it

You and your company keep ownership of the photos and captions you add ("Your Content"). You grant BeyondVivid a license to store, process, display, and back up Your Content as needed to operate and provide the Service.

BeyondVivid access. job◎photos is operated by BeyondVivid as part of the marketing services we provide to your company. BeyondVivid staff, acting as an agency administrator, can view, organize, mark, download, and use the photos in your organization in order to deliver those services to you, such as preparing them for your Google Business Profile and social posts. If you do not want BeyondVivid to access a photo, do not capture or upload it to the Service.

You are responsible for having the right to photograph the job sites, property, and people in Your Content, and for obtaining any consent that requires.

Acceptable use

You agree not to use the Service to:

• break the law or infringe anyone's rights;
• upload content you have no right to capture or share, or that invades someone's privacy;
• attempt to reach another company's data, probe or disrupt the Service, or get around its security; or
• resell or sublicense the Service without our permission.

Privacy

Our Privacy Policy explains what we collect and how we handle it, including the location data attached to photos. By using the Service you also agree to that policy.

Availability and changes

We work to keep the Service running but do not promise that it will be uninterrupted or error-free, and we may add, change, or remove features. The Service is provided on an as-available basis.

Termination

You can stop using the Service and cancel at any time. We may suspend or end access if you breach these Terms or use the Service in a way that risks harm to others or to the Service. After an account is closed, we may retain or delete stored data as described in the Privacy Policy. You can ask us to delete your company's photos by emailing us.

Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet every requirement, though we design it to keep your photos safe.

Limitation of liability

To the fullest extent allowed by law, BeyondVivid will not be liable for any indirect, incidental, special, or consequential damages, or for lost profits or lost data. Our total liability for any claim relating to the Service is limited to the amount you paid us for the Service in the twelve months before the claim.

Indemnification

You agree to defend and indemnify BeyondVivid against claims arising from Your Content or from your use of the Service in violation of these Terms or the law.

Changes to these terms

We may update these Terms. If we make a material change, we will update the effective date above and, where appropriate, notify you in the app or by email. Continuing to use the Service after a change means you accept the updated Terms.

Governing law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Allen County, Ohio have exclusive jurisdiction over any dispute that is not resolved informally.

Contact

BeyondVivid LLC
1941 W. Elm St, Lima, OH 45805
info@beyond-vivid.com