The service
Alita Gallery lets photographers and other approved account holders create studios, upload photographs, publish client galleries, manage downloads and favorites, and create collaborative event galleries. Features can change as the product develops. We may provide trials, previews, or beta features with different limits or support.
Eligibility and accounts
You must be at least 18 years old and able to enter a binding agreement to create a studio account. You are responsible for accurate account information, your sign-in credentials, activity under your account, and promptly telling us about suspected unauthorized access. You may not share an account in a way that defeats permissions or security controls.
Your content
You keep ownership of photographs, text, branding, and other material you upload. You give Alita Gallery a limited license to host, encrypt, process, resize, transmit, and display that content only as needed to operate, secure, support, and improve the service. This license ends when the content is permanently deleted, except for limited backup, legal, or security retention.
You represent that you have the rights and permissions needed to upload and share the content, including permissions involving clients, guests, minors, music, trademarks, and privacy or publicity rights. You remain responsible for your contracts with clients and for the people with whom you share gallery links, passwords, or download access.
Client and guest information
A studio decides why it collects gallery visitor emails and how it uses favorites, downloads, and event submissions. The studio is responsible for giving any notices and obtaining any consent required by law. You may use client and guest information from Alita Gallery only for legitimate gallery delivery, event, support, and studio business purposes.
If you add analytics to your client site, you are responsible for having a lawful basis for it and for telling your clients in your own privacy policy.
Payment links and gift cards
You can take payments from your clients through payment links, and sell or give gift cards for your own services, through your own connected Stripe account. Each payment and each gift card is an agreement between you and your client: you set the price, what it is for and any expiry date, you honor gift cards you issue or sell, and you handle refunds in your Stripe account. You are responsible for following the laws that apply to gift cards where you and your clients are, including rules on how long they must remain valid and whether unused balances must be refunded. Alita Gallery records payments and gift card balances for you but is not a party to them and does not hold the money.
Email marketing
If you use email marketing, you may email only people who agreed to receive your marketing emails. A list you import must contain only people who gave you that consent, and you must be able to show how they gave it. Your campaigns must show your correct postal address and must not mislead in their sender, subject, or content. You must follow the laws that apply to your emails, such as CAN-SPAM, CASL, and the GDPR. Alita Gallery stops emailing anyone who unsubscribes, bounces, or marks an email as spam.
You may not send unsolicited email, or email bought, rented, or scraped lists. Paid plans include a number of campaign emails a month. We may change these limits with notice, and we may pause email marketing for an account whose emails cause many bounces or complaints. We process your subscribers’ information on your behalf and only to send your emails.
Find my photos
Find my photos is an optional face-matching search a studio can turn on for its collections and event galleries. The Pro and Studio plans include it. Other plans, including trials, can try it on up to three collections or events in total. We may change these limits, or stop offering the feature, with notice.
Before turning it on, you confirm that the collection or event does not take place in Illinois, Texas, Washington, the city of Portland (Oregon), the European Union, the European Economic Area, the United Kingdom, or Switzerland, and that you have told the people in its photographs that guests can find photographs by face. You are responsible for that notice and for obtaining any consent the law requires from the people in your photographs. You must not turn it on for an event in one of those places, or use it to identify, track, or profile anyone.
When you turn it on, you instruct us to process that gallery’s photographs, through Amazon Web Services, to create a face index used only to let visitors to that gallery find the photographs they appear in, and to delete it as the Privacy Policy describes. You can turn it off at any time, which deletes the face index.
Face matching is not perfect. It can miss photographs a person appears in, and it can show photographs of someone who looks similar. Visitors only see photographs they could already see in the gallery. Do not rely on it as the only way for clients or guests to find their photographs.
Acceptable use
You may not use Alita Gallery to break the law; violate intellectual property, privacy, publicity, or other rights; distribute malware or deceptive material; harass or exploit a person; upload sexual content involving minors; evade storage, access, or security limits; probe another studio’s data; interfere with the service; or help another person do any of these things.
We may remove access to content or suspend an account when reasonably necessary to address abuse, a legal request, a security risk, nonpayment, or a material violation of these terms. When practical, we will give notice and an opportunity to correct the problem.
Trials, plans, and payment
Current trial terms, plan features, storage limits, and prices are shown before you select a plan. Paid plans renew automatically each month or year until you cancel, and you authorize the displayed charges and applicable taxes. Cancelling takes effect at the end of the period you have paid for. If a renewal payment fails, it is retried for about a week while your plan stays active. Except where the law requires otherwise, fees already paid are nonrefundable. We will provide notice before a material price change applies to a renewing subscription.
An event gallery made with a personal account (without a photographer) is a one-time purchase for that event, not a subscription: the price shown before checkout, plus applicable taxes. The event gallery opens to guests once the payment is confirmed. If a payment for an event gallery is refunded, the gallery closes to guests, and its photographs stay available to its owner.
When a trial or plan ends
A trial or paid plan ends when you cancel, when a payment cannot be collected after it is retried, or when a trial runs out without a paid plan. If your photographs then fit within the Free plan’s storage, your studio moves to Free and your galleries stay online.
If they do not fit, your client galleries stay online for 14 days while uploads are paused, so you can reduce your storage to fit Free or choose a plan. After those 14 days your client galleries go offline. 30 days later, 44 days after the plan ended, your collections, event galleries, and photographs are permanently deleted. Your account, clients, quotes, invoices, and contracts are kept, and your studio continues on the Free plan.
Choosing a plan, or reducing your storage to fit Free, at any time before deletion restores access to everything. We email the account owner before each step. Deleted photographs cannot be recovered, so please keep your own copies of your work.
Service availability
We work to keep Alita Gallery reliable and secure, but the service may occasionally be unavailable for maintenance, provider outages, emergencies, or changes needed to protect users. Keep your own recoverable copy of original photographs and other important business records. Alita Gallery is a delivery service and should not be your only archive.
Our materials
Alita Gallery and its software, design, branding, documentation, and other materials are owned by Alita Gallery, Alita Moments, or their licensors. These terms do not transfer those rights to you. You may use the service only as these terms and the product interface permit.
Third-party services
The service depends on providers such as Cloudflare, Clerk, and Google sign-in. Their services and terms may affect parts of Alita Gallery. We are not responsible for third-party products or websites that you choose to use with the service.
Disclaimers and liability
To the fullest extent permitted by law, Alita Gallery is provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not promise that the service will always be uninterrupted or error free.
To the fullest extent permitted by law, Alita Gallery and Alita Moments will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, business, data, or goodwill. Our total liability arising from the service will not exceed the amount you paid for Alita Gallery during the 12 months before the event giving rise to the claim, or $100 if you paid nothing. Some jurisdictions do not allow every limitation, so the limits apply only as far as the law permits.
Ending use of the service
You may stop using Alita Gallery at any time. The owner of an account can download its data and delete it from Your data in the workspace, as the Privacy Policy describes: deletion takes effect 14 days after it is requested, cancels any subscription, and cannot be undone. We may end or suspend access for a material breach, legal requirement, security risk, or discontinuation of the service. Terms that by their nature should survive will continue, including ownership, payment obligations, disclaimers, and liability limits.
Governing law and changes
These terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. We may update these terms as the service changes. We will post the revised date and provide additional notice before material changes take effect for existing accounts.
Contact
Questions about these terms can be sent to hello@alitagallery.com.