DayOf Photo LLC

Terms of Service

Effective October 21, 2026

These terms are an agreement between DayOf Photo LLC, an Arkansas limited liability company ("DayOf Photo," "we," "us") and the photography business that signs up ("you," "your studio"). By creating an account or using DayOf Photo you agree to them. If you sign up for a business, you confirm you can bind that business.

1. The service

DayOf Photo is software for photography businesses: an order website for your customers, staff tools for orders, rosters, scheduling, payments and messaging, private photo storage, and a desktop app for sorting, composing and printing. We may improve or change features over time.

2. Your account

• Give us accurate information and keep it up to date.
• Keep staff passwords secret. You are responsible for what happens under your account and your staff's logins.
• Tell us right away at [email protected] if you think your account has been misused.

3. Trial, plan and billing

• New studios start with a free trial for the length shown at sign-up. No card is needed to start, and we don't charge you during the trial.
• Your site starts in practice mode, where card payments are test-only and messages aren't really sent. You can choose to go live at any time, including during the trial; from then on your customers' orders and payments are real, and they're between you and your customers.
• If the trial ends without a plan, you have a few days' grace before your order site and staff tools pause. Your data is kept, and adding a plan turns everything back on.
• To keep using DayOf Photo after the trial you subscribe at the price shown at sign-up. Billing is monthly, in advance, through Stripe, and renews automatically until you cancel.
• You can cancel at any time from Settings → Plan & billing; your plan runs to the end of the month you've paid for. We don't refund partial months.
• If a payment fails we try again for a short grace period. After that your order site and staff tools are paused (your data is kept) until the plan is paid.
• We will tell you at least 30 days before any price change takes effect.

4. Your customers' payments

Card, Apple Pay and Google Pay payments from your customers go to your own Stripe account, connected through Stripe Connect. You are the seller: you are responsible for your prices, sales tax, refunds, chargebacks and disputes, and you agree to Stripe's Connected Account Agreement. Stripe's processing fees come out of your payments.

5. Text messages

If you turn on texting, we register a phone number for your business with the mobile carriers on your behalf. You agree that:

• the business details you give for registration are true;
• you will text only customers who agreed, and only about their orders and picture day, never marketing unless the law and the carriers allow it and the customer agreed to marketing;
• you will honour STOP requests (the system does this for you) and follow carrier rules and laws such as the TCPA;
• registration fees, monthly carrier fees and per-message costs are passed on to you at cost, as a "Texting (at cost)" line on your monthly DayOf Photo invoice.

Carriers decide whether to approve and may suspend a number; we can't guarantee approval or delivery.

6. Your content and your customers' data

• You own your photos, price lists, rosters and the information about your customers ("your data"). You give us permission to host, process, copy and show your data only as needed to run DayOf Photo for you.
• You are responsible for having the right to collect and use your customers' information, including information about children supplied by schools and leagues, and for giving your customers your own privacy policy. DayOf Photo provides privacy and text-message pages for your order site that you can rely on or replace.
• We use your data only to provide and support the service, keep it secure and meet legal obligations. We don't sell it and don't contact your customers for our own purposes.

7. Acceptable use

Don't use DayOf Photo to break the law, send spam, upload content you have no right to, harm or exploit minors, attempt to access other studios' data, or disrupt or reverse-engineer the service. We may suspend an account that does.

8. Cancelling and your data

If you cancel or your plan lapses, your account is paused and your data is kept so you can come back. Ask us and we will delete your studio, including its database, staff logins and stored photos. We may also delete a paused account's data after giving you at least 30 days' notice by email.

9. Availability

We work to keep DayOf Photo running, but it is provided "as is" and "as available". We don't promise it will be uninterrupted or error-free, and to the extent the law allows we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. Keep your own copies of anything you can't afford to lose.

10. Limits of liability

To the extent the law allows, neither of us is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and our total liability for any claim relating to DayOf Photo is limited to what you paid us in the 12 months before the claim.

11. Indemnity

You will defend and indemnify us against claims arising from your photos and data, your dealings with your customers (including payments, refunds and texts), or your breach of these terms.

12. Changes to these terms

We may update these terms. For a material change we will give you at least 30 days' notice by email or in the staff app; continuing to use DayOf Photo after that means you accept the new terms.

13. General

These terms are governed by the laws of the State of Arkansas. If part of these terms can't be enforced, the rest still applies. These terms and our Privacy Policy are the whole agreement between us about DayOf Photo.

14. Contact

DayOf Photo LLC · [email protected] · https://dayofphoto.com