Terms of Service
Captured Moments by Andre Souza
Version 1.1 Effective date: September 28, 2026 Last updated: September 28, 2026
1. Who we are and what these Terms cover
Captured Moments is a photography studio operated by Andre Souza in San Mateo County, California ("Captured Moments," "we," "us," or "our").
These Terms of Service ("Terms") govern your use of the website at capturedmoments.photography, the client portal, online galleries, booking tools, and any related pages or features (together, the "Platform").
They apply to you whether you are:
- a Client — someone who has booked or is booking a session with us and has an account in the client portal;
- a Gallery Guest — someone given a link, access token, or PIN to view a gallery but who does not hold an account; or
- a Visitor — anyone browsing the public site, portfolio, or booking pages.
2. How you agree to these Terms
Different parts of the Platform ask different things of you, so we ask for your agreement in proportion to what is at stake.
Browsing the public site. By using our public pages — portfolio, services, about, and contact — you agree to these Terms. A link to them and to our Privacy Policy appears in the footer of every page.
Creating or claiming a client account, and booking a session. Before your account is created, and before a booking request is submitted, you must tick a box confirming you have read and agree to these Terms and our Privacy Policy. The box is never ticked for you, and the form will not submit until you tick it. This is the point at which these Terms become a contract between us, and it is the moment the obligations that matter — payment, the image licence in Section 10, the limits in Sections 18 and 19 — attach.
Opening a gallery. A gallery shows you a notice, with links to these Terms and our Privacy Policy, before it opens. Where a gallery asks for your email address, that notice tells you what we do with it. You are not asked to sign anything to look at photographs. Our copyright in those photographs, and the restrictions in Section 10, apply however you came to see them.
Signing a contract or invoice. Documents you sign in the portal carry their own consent to electronic records and signatures, described in Section 13.
We keep a record. When you accept these Terms we record which version you accepted, the date and time, and the IP address the acceptance came from. If a dispute ever turns on what you agreed to, that record is what we will rely on, and you can ask us for a copy of it at any time.
If you do not agree. Do not tick the box. Email capturedmomentsco8@gmail.com and we will arrange another way to get your photographs to you.
When we change these Terms. Section 22 explains how we handle changes, and when we will ask you to accept a new version.
3. How these Terms relate to your Photography Services Agreement
If you book a session with us, you will separately sign a Photography Services Agreement covering that specific session — its scope, package, fee, retainer, schedule, deliverables, and licence.
These two documents do different jobs:
- Your Photography Services Agreement governs the photography services themselves: what we will shoot, what you pay, and what you receive.
- These Terms govern the Platform: your account, your gallery, the booking tools, and everything else the software does.
If a conflict arises between the two for a given session, the signed Photography Services Agreement controls for that session. These Terms fill any gap it does not address.
4. Eligibility and age
You must be at least 18 years old and able to enter a binding contract to create an account, book a session, or sign a document on the Platform.
The Platform is not directed to children, and we do not knowingly permit anyone under 18 to create an account.
Photographs of minors. We photograph families, children, and infants. Where a session involves a minor, the booking adult represents that they are the parent or legal guardian of each minor photographed, or that they have that person's authority, and that they consent on the minor's behalf to the session and to the storage and delivery of the resulting photographs through the Platform. Any use of a minor's image beyond delivery to you — for example in our portfolio or on social media — requires a separate signed release from the parent or guardian, as described in Section 12.
5. Your account
Client accounts are created by invitation when you book a session. You may sign in using an email link or your Google account.
You agree to provide accurate information, to keep your sign-in credentials confidential, and to tell us promptly at capturedmomentsco8@gmail.com if you believe your account has been accessed without your permission.
You are responsible for activity that occurs under your account. We may suspend or close an account that is being used in breach of these Terms.
What you can change yourself. Most of your preferences are yours to manage in the client portal, without asking us. In your account settings you can:
- correct your name, phone number, and the shipping address we use for prints and albums;
- choose which emails we send you — gallery-ready notices and payment reminders each have their own switch;
- connect or disconnect a sign-in method, as long as one remains; and
- set your language and the appearance of your dashboard.
In the reviews area you can edit a review you have left, including turning off permission for us to display it.
A few things still need an email to capturedmomentsco8@gmail.com, because we have not built a self-service control for them yet: withdrawing permission for your photographs to appear in our portfolio, asking for a copy of what we hold about you, and closing your account. We will do any of these on request.
Support access. We can open a read-only view of your account, but only where it is necessary to resolve a problem you have raised with us or to investigate a fault or a suspected breach of these Terms. We do not browse client accounts otherwise. Every such access is recorded in our activity log, and you can ask us for that record.
6. Galleries and how access works
When your photographs are ready, we publish them to an online gallery.
Access. Galleries are reached in one of three ways, depending on how we configure each one: through your signed-in client account, through a private link or access token, or through a link protected by a PIN and/or an email prompt.
We may change how a gallery is protected — for example by adding or rotating a PIN — where we need to for security or at your request. Rotating a PIN immediately revokes access previously granted by that PIN. If a change means a link you have already shared stops working, we will tell you.
Please treat gallery links as private. A private gallery link is not a password. Anyone you forward it to may be able to view the gallery. We are not responsible for photographs seen or saved by people you share a link with.
Downloads. Whether a gallery permits high-resolution downloads is set per gallery and is governed by your Photography Services Agreement.
Expiry — read this carefully. Every gallery has an expiry date, shown on the gallery itself. We email a reminder approximately seven days before it expires, to the address on your client record. When a gallery expires, it closes to viewing.
The Platform is a delivery tool, not an archive. You are responsible for downloading your photographs and keeping your own copies before your gallery expires. We make no commitment to store your photographs indefinitely, and we may permanently delete an expired gallery and its files at any point more than 30 days after expiry. Please keep your images in at least two places of your own.
If you need a gallery reopened after it has expired, ask us. We will do it where we still hold the files, and we may charge a reasonable archive-retrieval fee, which we will tell you before doing the work.
7. Gallery Guests
If you reach a gallery as a guest, these Terms apply to your use of that gallery and to the photographs in it. You are not asked to sign anything, and the notice shown before the gallery opens tells you where to read them.
Some galleries ask for your name and email address before showing you the photographs. If you provide them, we store them, and we may use them to contact you about that gallery or about our services. You can ask us to stop at any time by emailing capturedmomentsco8@gmail.com, and we will stop within 10 business days. How we handle this information is described in our Privacy Policy.
Guests receive no licence to the photographs beyond viewing them in the gallery. Downloading, screenshotting, reposting, or otherwise reproducing photographs from a gallery you were shown is not permitted without our written consent, unless the gallery itself offers a download button to you.
8. Bookings, retainers, and cancellations
Booking. Selecting a date and time through the Platform is a request, not a confirmed booking. Your booking is confirmed when we confirm it in writing and you have signed your Photography Services Agreement and paid any retainer it requires. Until then the date is not held for you.
Retainer. Most sessions require a retainer to reserve the date and time. The retainer compensates us for holding that date and turning away other work for it, and it is non-refundable except as your Photography Services Agreement or applicable law provides.
Rescheduling. Requests to reschedule must be made at least 48 hours before the session in order to move your retainer to another available date, subject to availability. Where severe weather or other circumstances outside either party's control prevent a session, we will reschedule it without an additional fee.
Cancellation by us. If we must cancel and cannot offer you a replacement date you accept, we will refund every amount you have paid for that session, including the retainer, within 14 days.
Your Photography Services Agreement may set different or additional terms. It controls.
9. Prices, invoices, and payment
Prices for packages are shown on the Platform and are subject to change until your booking is confirmed. The price stated on your confirmed booking is the price.
We issue invoices through the Platform, and you can view them in your client portal. Payment is arranged directly with us by the methods stated on your invoice — the Platform does not currently process card payments, and we do not receive or store your card details through it.
Invoices are due by the date shown. We may send automated reminders for outstanding balances. Amounts stated exclude any sales or other tax we are required to collect, which will be added where applicable and shown separately.
10. Copyright and your licence to the photographs
We own the photographs. Captured Moments retains all copyright in every photograph we create, before and after delivery. Delivery of files does not transfer copyright.
Your licence. Subject to payment in full, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to reproduce, print, display, and share the delivered images for personal, non-commercial purposes — including printing them, putting them on your own social media, and sharing them with family and friends.
What the licence does not allow. Without our separate written permission, you may not:
- use the photographs to advertise, promote, or sell any product or service, or otherwise use them commercially;
- sell, license, or sublicense the photographs to anyone, including stock libraries;
- submit them to contests, publications, or third parties that claim rights in them;
- apply filters, crops, or edits that materially alter our work and then present the result as our photograph;
- remove or alter any watermark, credit, or embedded metadata; or
- use the photographs, or permit anyone else to use them, to train, fine-tune, or otherwise develop any machine-learning or artificial-intelligence model or dataset.
We appreciate a credit to Captured Moments when you post our work, but it is not required for personal use.
Third-party platforms. If you upload the photographs to a social network or printing service, that company's terms may claim broad rights in what you upload. That is between you and that company; please read their terms.
Your Photography Services Agreement may grant you a broader or narrower licence. It controls.
11. Content you provide
You may submit information to the Platform — questionnaire answers, session notes, favourites, comments on photographs, review text, and similar material ("Your Content").
You keep ownership of Your Content. You grant us a non-exclusive licence to store, display, and use it for the sole purpose of providing our services to you. That licence ends when we delete the content, except for copies we must keep under Section 20 or to meet a legal obligation.
You agree not to submit content that is unlawful, defamatory, infringing, harassing, or that contains another person's private information without their permission. We may remove content that breaches this section, and we will tell you when we do.
12. Reviews, testimonials, and our portfolio
Reviews and testimonials. When you submit a review, the same form asks whether we may display it on our website and portfolio alongside your first name. We publish a review only where that permission is switched on. Where it is, we may publish the review text, your rating, your first name, and the general nature of your session. We do not edit the substance of a review, and we do not offer anything in exchange for one.
You can change your mind yourself, at any time. Open the reviews area of your client portal, edit your review, and turn the display permission off. We will remove the published testimonial within 30 days. You can also email capturedmomentsco8@gmail.com if you would rather we did it for you.
Portfolio and marketing use of your photographs. Photographs from your session appear in our public portfolio, on our website, or on our social media only where we hold a signed model release covering the people in them.
Where you are the adult client, you give or withhold that permission by the choice you make in the Portrait Release section of your Photography Services Agreement. Neither option is selected for you, and the Agreement is not complete until you have chosen. Your answer does not affect your price or your package. Silence is not permission.
Permission for a person under 18 is never covered by that choice. It requires a separate written release signed by that child's parent or legal guardian, naming the child.
You may withdraw that permission at any time by emailing capturedmomentsco8@gmail.com. There is no switch for this in the portal yet, so email is the way to do it, and we will act on it just the same. We will remove the photographs from our website and portfolio within 30 days and stop using them in new materials. We may be unable to recall materials already printed or distributed, or copies others have already shared.
13. Electronic records and signatures
You consent to transact with us electronically, and you agree that:
- contracts, invoices, notices, and other records may be provided to you electronically rather than on paper;
- an electronic signature you apply on the Platform — by drawing or typing your name — has the same legal effect as a handwritten signature under the federal ESIGN Act and the California Uniform Electronic Transactions Act; and
- when you sign, we record your name, the date and time, your IP address, your browser's user-agent string, the signature image, and a cryptographic hash of the document as it stood at signing, as evidence of what you signed and when.
To use these features you need a device with a current web browser, an internet connection, and an email account.
Your right to a paper copy and to withdraw consent. You may request a paper copy of any document you signed with us, at no charge, by emailing capturedmomentsco8@gmail.com. You may withdraw your consent to electronic records at the same address; withdrawal takes effect going forward and does not affect the validity of documents already signed. If you withdraw consent we may not be able to continue providing services through the Platform.
Signed documents remain available in your client portal for as long as your account is open, and we keep a copy for at least seven years.
Language. These Terms may be provided in Portuguese for convenience. If there is any difference between the versions, the English version controls.
14. Artificial intelligence
We use an AI writing assistant to help draft and refine our own communications, such as emails and document text. When we do, the draft text and its context are sent to our AI provider for processing.
The assistant is a drafting aid used by us. It does not make decisions about you, and a person reviews anything it produces before it is sent. We do not use it to analyse, score, or make automated decisions about clients, and we do not use it on your photographs.
Our Privacy Policy names the provider.
15. Acceptable use
You agree not to:
- access, or try to access, any gallery, account, document, or file you have not been given permission to see;
- share, sell, or publish access links, tokens, or PINs to galleries that are not yours;
- scrape, crawl, bulk-download, or systematically copy the Platform or its images;
- probe, scan, or test the security of the Platform, or interfere with its operation;
- upload malicious code, or use the Platform to send spam or unlawful messages;
- impersonate another person or misrepresent your relationship to a session; or
- use the Platform in violation of any law.
We rate-limit certain actions and may suspend access where we detect abuse.
16. Third-party services
The Platform runs on third-party infrastructure and integrates third-party services for hosting, storage, authentication, email, analytics, and AI. These services are named in our Privacy Policy. They operate under their own terms and privacy policies, and we are not responsible for their acts or omissions.
The Platform may link to third-party sites. We do not endorse and are not responsible for them.
17. Availability, and what we do not promise
We work to keep the Platform available, but we do not guarantee that it will be uninterrupted, error-free, or secure against every threat. We may modify, suspend, or discontinue any part of it.
The Platform is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, to the fullest extent the law allows.
We do not warrant that the Platform will preserve your photographs. Keep your own backups.
Nothing in these Terms excludes any warranty or liability that cannot be excluded under California law.
18. Limitation of liability
To the fullest extent permitted by law:
- Neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of or relating to these Terms or the Platform, even if advised of the possibility.
- Our total aggregate liability arising out of or relating to these Terms or the Platform will not exceed the greater of (a) the amounts you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars ($100).
These limits apply to claims of every kind — contract, tort, statute, or otherwise — and survive any failure of an essential remedy. They do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence, or wilful misconduct.
Claims arising from the photography services themselves are governed by the limitation of liability in your Photography Services Agreement.
19. Indemnity
You agree to indemnify and hold harmless Captured Moments from third-party claims, losses, and reasonable legal costs arising from your breach of these Terms, your misuse of the Platform, your unauthorised use of the photographs, content you submit, or your sharing of gallery access with people who then misuse it.
20. Termination
You may stop using the Platform and ask us to close your account at any time by emailing capturedmomentsco8@gmail.com.
We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, or if we discontinue the Platform.
Except where we must act immediately — a legal requirement, or a breach causing ongoing harm — we will give you at least 14 days' written notice before terminating your access, and we will keep your galleries open for that period so you can download your photographs.
Sections 10, 11, 13, 17, 18, 19, 21, and 22 survive termination.
21. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.
Talk to us first. If you have a dispute, please email capturedmomentsco8@gmail.com and describe it. We will try in good faith to resolve it with you within 30 days. Most problems are solved this way.
If we cannot resolve it, the state and federal courts located in San Mateo County, California will have exclusive jurisdiction, and both parties consent to venue there. Either of us may instead bring an individual claim in small claims court if it qualifies.
Nothing here prevents either party from seeking injunctive relief to protect intellectual property.
22. General
Changes. We may update these Terms. When we do, we will change the version number and the "Last updated" date and post the revised version here.
If a change materially affects your rights or obligations, we will email account holders at least 14 days before it takes effect, and we will ask you to accept the new version the next time you sign in or open a gallery. We will not apply a material change to you retroactively, and we will not treat your silence as acceptance of one. If you do not accept it, you may close your account, and we will keep your galleries open for 30 days so you can download your photographs.
Non-material changes — corrections, clarifications, a new service provider of the same kind — take effect when posted.
Assignment. You may not assign these Terms without our consent. We may assign them to a successor to our business on notice to you.
Severability. If any provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest remains in force.
No waiver. A failure to enforce a provision is not a waiver of it.
Entire agreement. These Terms, our Privacy Policy, and any Photography Services Agreement you have signed are the entire agreement between us about the Platform.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
23. Contact
Captured Moments by Andre Souza San Mateo County, California capturedmomentsco8@gmail.com