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Términos de Servicio

Terms of Service

Effective as of [EFFECTIVE_DATE]

1. Agreement to Terms

These Terms of Service ("Terms") are a legal agreement between you ("User," "you," or "your") and Lemus Digital LLC ("Company," "we," "us," or "our"), a [STATE OF FORMATION] limited liability company with its principal place of business at [STREET ADDRESS], [CITY], [STATE] [ZIP CODE], [COUNTRY].

By creating an account, logging in, or using the [PRODUCT_NAME] platform and related services (collectively, the "Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. If you are using the Service on behalf of an organization (e.g., a photography business), you represent that you have the authority to bind that organization to these Terms.

We may provide these Terms in more than one language. In case of conflict, the English version shall prevail.

2. Description of the Service

[PRODUCT_NAME] is a software-as-a-service platform designed for photographers and photography businesses. The Service allows you to:

  • Create and manage photo galleries and deliver them to your clients
  • Manage clients, sessions, and photography packages
  • Invite team members and assign roles
  • Use tools such as availability calendars, comments, and image selection/submission workflows
  • Store and organize images and related data within the limits of your subscription plan

The Service is provided "as is" and "as available." We do not guarantee any particular business outcome, level of uptime, or that the Service will be error-free. We may modify, suspend, or discontinue features or the entire Service with reasonable notice when practicable, except where prohibited by law.

3. Account and Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information when registering and to keep such information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly at [EMAIL_SUPPORT] of any unauthorized use of your account.

3.3 One Account per Organization

Unless we expressly allow otherwise, each organization or business should maintain one account. You may not create multiple accounts to circumvent usage limits or other restrictions.

4. Plans and Usage Limits

The Service is offered under a free plan and paid subscription plans (e.g., Basic, Professional, Enterprise). The specific features, limits (such as number of galleries, storage capacity), and pricing for each plan are described on our pricing page and in our Subscription and Payment Terms.

  • You must use the Service within the limits of your current plan (e.g., maximum number of galleries, maximum storage).
  • If you exceed your plan limits, we may prevent further use (e.g., creating new galleries or uploading new files) until you upgrade or reduce usage. We will use reasonable efforts to notify you before or when you approach or reach a limit.
  • Downgrading your plan may require you to bring your usage within the new plan's limits before the downgrade takes effect. Failure to do so may result in read-only access or other restrictions until usage is compliant.

5. Your Content and Data

5.1 Your Responsibility

You are solely responsible for all content (including images, text, and client data) that you or your team members upload or submit through the Service ("Your Content"). You represent and warrant that you have all necessary rights, licenses, and consents to use and to allow us to process Your Content as described in these Terms and in our Privacy Policy. You must comply with all applicable laws, including data protection and privacy laws, when collecting and providing your clients' data through the Service.

5.2 License to Us

You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, reproduce, modify (e.g., create thumbnails, optimize for delivery), display, and distribute Your Content solely as necessary to provide, operate, and improve the Service (e.g., hosting galleries, sending delivery links, backing up data). This license continues for the duration of your use of the Service and for a limited period thereafter as needed to comply with law, resolve disputes, and enforce our agreements.

5.3 Prohibited Content and Conduct

You may not use the Service to upload, store, or share content that:

  • Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Infringes any third party's intellectual property, privacy, or other rights
  • Violates our Acceptable Use Policy

We may remove Your Content or suspend or terminate your account if we reasonably believe you have violated these Terms or the Acceptable Use Policy, or if we are required to do so by law. We do not assume any obligation to monitor content but reserve the right to do so.

6. Intellectual Property

The Service, including the [PRODUCT_NAME] name, logo, design, software, and documentation (excluding Your Content), is owned by Lemus Digital LLC or its licensors and is protected by copyright, trademark, and other laws. You do not acquire any ownership or license to the Service except the limited right to use it in accordance with these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Service, or use our trademarks without our prior written consent.

Your Content remains yours. The license you grant to us in Section 5.2 is limited to what is necessary to operate the Service.

7. Limitation of Liability

7.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEMUS DIGITAL LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES; IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7.3 User Content and Third-Party Conduct

We are not responsible for Your Content or for the conduct of your clients or other third parties. You are responsible for your use of the Service and for ensuring that your use complies with applicable law and these Terms.

8. Suspension and Termination

8.1 By You

You may stop using the Service at any time and may request account deletion in accordance with our account closure process. Closure may be subject to the Subscription and Payment Terms (e.g., no refund for the current billing period).

8.2 By Us

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that you have violated these Terms or the Acceptable Use Policy, or if we are required to do so by law or to protect the security or integrity of the Service or other users. We may also suspend or terminate the Service or your account for operational reasons (e.g., non-payment) as set out in the Subscription and Payment Terms.

8.3 Effect of Termination

Upon termination:

  • Your right to access and use the Service ceases immediately.
  • We may allow you a limited period (e.g., 30 days) to export your data; after that period, we may delete or anonymize your data in accordance with our Privacy Policy and data retention practices.

9. Changes to These Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and/or by sending an email to the address associated with your account. The notice will indicate the effective date of the changes. If you do not agree to the updated Terms, you must stop using the Service and may close your account before the effective date. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE OF FORMATION], United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in [STATE OF FORMATION], and you consent to the personal jurisdiction of such courts.

If you are a consumer in a jurisdiction that requires mandatory consumer protection laws or dispute resolution in your place of residence, nothing in this section shall affect your statutory rights.

11. General

  • Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and Subscription and Payment Terms (where applicable), constitute the entire agreement between you and Lemus Digital LLC regarding the Service and supersede any prior agreements.
  • Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
  • Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
  • Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms or our rights and obligations without restriction.
  • Force Majeure. We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, government actions, or failures of third-party infrastructure).

12. Contact

For questions about these Terms or the Service, please contact us:

  • Lemus Digital LLC
    [STREET ADDRESS]
    [CITY], [STATE] [ZIP CODE]
    [COUNTRY]
    Email: [EMAIL_LEGAL] or [EMAIL_SUPPORT]
    Website: https://[DOMAIN]

Last updated: [EFFECTIVE_DATE]