1. Scope of Services
TGO provides business support services for photographers and photography studios. The exact scope, deliverables, timing, and fees may be further described on our website, in an onboarding form, proposal, invoice, service plan, written approval, or separate agreement. If a signed agreement expressly conflicts with these Terms, the signed agreement controls for that conflict.
- Client communication and workflow support;
- Gallery and store management;
- Pricing, product, and profitability strategy;
- Marketing and sales campaigns intended to create additional post-delivery sales opportunities;
- Album and photo book design/proofing support;
- Creative marketing and related design support;
- Ongoing gallery, operational, and administrative support; and
- Other mutually agreed services.
2. Independent Service Provider
TGO is an independent service provider. Unless expressly stated in writing, TGO is not affiliated with, employed by, endorsed by, or an agent of any gallery platform, print laboratory, payment processor, software provider, or other third party, including Pass or Pic-Time. TGO does not control third-party platforms, their policies, pricing, uptime, product availability, fulfillment, data practices, or technical changes.
3. Eligibility and Business Use
You must be at least 18 years old and legally capable of entering into a binding agreement. The Services are primarily intended for photographers, studios, and businesses. You are responsible for ensuring that your use of the Services complies with laws and contractual obligations applicable to your business and clients.
4. Client Accounts, Credentials, and Authorization
Some Services require access to a gallery platform, email marketing tool, design platform, shared drive, or other account controlled by you. By providing credentials, access links, invitations, or other access, you authorize TGO to access and use that account solely as reasonably necessary to perform the requested Services.
You remain the owner and primary administrator of your accounts. You are responsible for ensuring that granting TGO access does not violate your agreement with the applicable platform. TGO may request that you use secure sharing, delegated access, or other available security features instead of transmitting passwords when possible.
- You must provide accurate access information and promptly revoke or update access when appropriate.
- You authorize TGO to make changes, create drafts, configure settings, or take other actions within the scope you approved.
- TGO will not knowingly use your credentials for purposes unrelated to the Services.
- TGO may suspend work if access appears insecure, unauthorized, or inconsistent with a third-party platform’s rules.
5. Client Content and Intellectual Property
“Client Content” includes photographs, videos, logos, trademarks, copy, brand assets, pricing, product information, client lists, gallery information, favorites, order information, and other materials you provide or make accessible to TGO. You retain ownership of your Client Content.
You grant TGO a limited, non-exclusive, revocable license to access, reproduce, edit, format, transmit, and otherwise use Client Content only as reasonably necessary to provide the Services. This license ends when no longer reasonably necessary for the Services, subject to lawful record retention and backup cycles.
- You represent that you have all rights, licenses, permissions, releases, and lawful bases necessary for TGO to process Client Content as instructed.
- You must not provide content that infringes intellectual property, privacy, publicity, contractual, or other rights.
- TGO does not acquire ownership of your photographs or client galleries merely by accessing or working with them.
6. End-Client Data and Your Responsibilities as Photographer
In performing Services, TGO may encounter personal information belonging to your photography clients or gallery visitors, such as names, email addresses, gallery activity, favorites, purchase history, messages, shipping-related information, or other information available through tools you authorize. As between you and TGO, you are responsible for determining the lawful basis for collecting that information and for providing any notices or obtaining any consents required for your photography business.
TGO will process such information only to provide the Services, follow your documented instructions, maintain security, comply with law, or protect legal rights. Where applicable, the parties may enter into a separate data-processing agreement.
7. Marketing Campaigns, Promotions, and Communications
TGO may draft, configure, schedule, or assist with promotional emails, coupons, campaigns, and sales initiatives. Unless your plan or written instructions expressly authorize ongoing campaign management, material campaign terms should be approved by you before launch.
You are responsible for confirming that recipient lists, marketing permissions, discount terms, product availability, and promotional claims comply with applicable law and platform requirements. TGO may decline or pause a campaign that appears unlawful, misleading, technically unsafe, or outside the agreed scope.
8. No Guarantee of Sales, Revenue, or Business Results
TGO may provide pricing recommendations, marketing campaigns, store strategy, and other services intended to improve sales opportunities and help galleries generate revenue after delivery. Business results depend on many factors outside TGO’s control, including audience behavior, pricing, demand, seasonality, platform performance, client engagement, product availability, and the Client’s own business decisions.
Accordingly, TGO does not guarantee any specific sales volume, conversion rate, profit, passive income, revenue increase, campaign performance, or other financial or business result. Examples, projections, case studies, and recommendations are illustrative and are not promises of future performance.
9. Pricing and Store Recommendations
Pricing, markup, discount, product, and profitability recommendations are business guidance, not accounting, tax, financial, or legal advice. You make the final pricing decisions and remain responsible for taxes, costs, margins, product suitability, and compliance with applicable consumer-protection requirements.
10. Albums, Photo Books, Design, and Proofing
Album, photo book, and product design services depend on the materials, selections, specifications, and approvals you or your client provide. TGO may rely on information supplied through forms, email, gallery favorites, screenshots, or platform tools.
- You are responsible for confirming product type, size, cover, page count, image selections, spelling, addresses, and other final specifications before production or ordering.
- Design revisions beyond the included scope may require additional fees or time.
- Color, crop, print quality, manufacturing, shipping, and fulfillment may vary by third-party lab or platform and are not controlled by TGO.
- TGO is not responsible for defects, delays, losses, or errors caused by a lab, carrier, platform, or other third party, but may reasonably assist you in communicating with that provider.
11. Approvals and Client Instructions
You are responsible for timely approvals, accurate instructions, and review of deliverables. TGO may reasonably rely on approvals and instructions received from the email address, account, or representative you designate. Delays in receiving required materials or approvals may extend delivery timelines.
If you authorize TGO to act without case-by-case approval for a defined category of work, TGO may exercise reasonable professional judgment within that authorization. You may change or withdraw that authorization prospectively by written notice.
12. Turnaround Times and Availability
Any turnaround time is an estimate unless expressly guaranteed in a signed agreement. Timelines may be affected by incomplete information, revision requests, third-party outages, holidays, high-volume periods, or events outside TGO’s reasonable control. TGO may communicate business hours, response expectations, and temporary service interruptions separately.
13. Fees, Invoices, and Payment
Fees are those displayed or communicated at the time of purchase, onboarding, proposal, or invoice. Payments may be processed by third-party payment providers, including ARQ or another provider selected by TGO. TGO does not intentionally store complete payment-card credentials when payment is handled directly by a third-party processor.
You authorize applicable charges that you approve through the payment process. Taxes, currency conversion, bank charges, or processor fees may apply as disclosed by the relevant provider or invoice. Past-due amounts may result in suspension of Services to the extent permitted by law.
14. Plans, Renewals, Cancellation, and Reimbursements
The applicable plan, billing cadence, minimum term, renewal structure, cancellation deadline, and any reimbursement eligibility will be stated at enrollment, on the invoice, or in a separate service agreement. TGO will not impose an automatic renewal unless disclosed and authorized as required by applicable law.
Unless a more specific written policy applies, amounts paid for work already performed, reserved capacity, completed deliverables, third-party costs, or non-cancellable commitments are not eligible for reimbursement. If TGO cancels a prepaid service before performing the corresponding work, TGO may provide an appropriate prorated reimbursement or credit, subject to applicable law and any signed agreement.
Nothing in this section limits any non-waivable statutory rights.
15. Third-Party Services
The Services may interact with gallery platforms, print labs, payment processors, email providers, scheduling tools, cloud storage, analytics, social networks, and other third-party services. Your use of those services is governed by their own terms and privacy policies. TGO is not responsible for third-party outages, account restrictions, policy changes, security incidents, data loss, fulfillment decisions, or discontinued features that are outside TGO’s reasonable control.
16. Confidentiality
TGO will use reasonable care to protect non-public business information and Client Content disclosed for the Services and will not intentionally disclose it except to personnel or service providers who need it to perform the Services, as authorized by you, to protect rights or safety, or as required by law. Confidentiality obligations do not apply to information that is publicly available through no breach by TGO, independently developed without use of confidential information, or lawfully received from another source without confidentiality restrictions.
17. Security
TGO will use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the information handled. No internet transmission, cloud service, account, or storage method can be guaranteed to be completely secure. You are responsible for maintaining appropriate security on your own accounts, devices, passwords, and systems and for notifying TGO promptly of suspected unauthorized access affecting shared work.
18. Website Use and Prohibited Conduct
You may not misuse the website or Services, attempt unauthorized access, interfere with security, introduce malicious code, scrape or harvest information unlawfully, impersonate another person, use the Services for unlawful or fraudulent purposes, or direct TGO to violate third-party rights or applicable law.
19. TGO Intellectual Property
Except for Client Content, TGO retains all rights in its name, trademarks, logos, website, original templates, methodologies, written materials, graphics, workflows, service descriptions, and other proprietary materials. Deliverables created specifically for you may be used for your business as contemplated by the purchased Service, but no broader transfer of TGO’s underlying tools, templates, systems, or intellectual property occurs unless expressly agreed in writing.
20. Portfolio and Publicity
TGO will not claim ownership of your Client Content. TGO will not use private client galleries or identifiable end-client images in public marketing solely because it had access to them. Any testimonial, logo, case study, screenshot, or identifiable work used publicly should be used only with appropriate permission or where otherwise lawfully permitted.
21. Disclaimers
To the maximum extent permitted by applicable law, the Services are provided on an “as available” basis and TGO disclaims implied warranties that may lawfully be disclaimed, including warranties of merchantability, fitness for a particular purpose, and non-infringement. TGO does not warrant uninterrupted access to third-party platforms, error-free operation, or that recommendations will produce a particular business outcome. Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
22. Limitation of Liability
To the maximum extent permitted by applicable law, TGO will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business opportunities, loss of goodwill, or loss of data arising from or related to the Services, third-party platforms, or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, TGO’s aggregate liability arising from a claim relating to the Services will not exceed the fees actually paid by you to TGO for the specific Service giving rise to the claim. This limitation does not apply where prohibited by law or to liability that cannot legally be limited.
23. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless TGO and its owners, personnel, and contractors from third-party claims, damages, liabilities, and reasonable costs arising from: (a) Client Content you provide; (b) your infringement or violation of another person’s rights; (c) your unlawful marketing lists, instructions, promotions, or business practices; (d) your breach of these Terms; or (e) your unauthorized or unlawful use of the Services. This provision does not require indemnification for TGO’s own conduct to the extent such indemnification is prohibited by law.
24. Suspension and Termination
TGO may suspend or terminate Services for material non-payment, abusive or threatening conduct, suspected fraud, security risk, unlawful instructions, material breach, or circumstances making continued performance impracticable. Where reasonably possible, TGO will provide notice and an opportunity to address a curable issue. Upon termination, outstanding fees for work performed remain due, subject to applicable law and any separate agreement.
25. Force Majeure
TGO is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, internet or power failures, cyber incidents not caused by TGO’s failure to use reasonable safeguards, labor disruptions, government actions, platform outages, carrier disruptions, or failures of critical third-party services. TGO will use reasonable efforts to resume affected Services.
26. Electronic Communications and Signatures
You consent to transact and communicate electronically with TGO, including by email, forms, invoices, electronic approvals, and electronic signatures. Electronic records and approvals may be used to evidence transactions to the extent permitted by applicable law, including applicable electronic-commerce and digital-signature laws.
27. Privacy
Our Privacy Policy explains how TGO collects, uses, shares, protects, and retains personal information and is incorporated by reference into these Terms. Where you provide personal information relating to your own clients, you remain responsible for your independent legal obligations regarding that information.
28. Changes to These Terms
TGO may update these Terms from time to time. The “Last Updated” date will identify the current version. Material changes will be communicated in a manner reasonably appropriate to the circumstances. Changes will apply prospectively unless applicable law permits otherwise. Continued use after an effective update constitutes acceptance where legally permitted.
29. Governing Law and Dispute Resolution
These Terms are governed by applicable law, including any mandatory consumer, privacy, contract, or other legal protections that cannot lawfully be waived. Until TGO publishes a specific governing-law and dispute-resolution provision, nothing in these Terms is intended to select an exclusive court, venue, arbitration forum, or jurisdiction. The parties agree to make a good-faith effort to resolve any dispute informally before commencing formal proceedings, where permitted by law.
Nothing in these Terms prevents either party from seeking emergency or injunctive relief where legally available or from exercising rights that cannot lawfully be waived.
30. Miscellaneous
If any provision is held unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain effective. A failure to enforce a provision is not a waiver. You may not assign your rights or obligations without TGO’s written consent, except as permitted by law. TGO may assign these Terms in connection with a lawful reorganization, sale, or transfer of its business. Headings are for convenience only.
31. Contact
Questions about these Terms may be sent to:
The Gallery Office
Business Name:
The Gallery Office
Contact: Please use the
Contact page or other official contact method published on The
Gallery Office website.
Website: The
official The Gallery Office website through which these Terms are
made available.