1. Agreement to Terms
By accessing or using ShutterDrop.app (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and ShutterDrop.app ABN [ABN pending], a company registered in New South Wales, Australia (“we”, “us”, or “ShutterDrop”).
2. Service Description
ShutterDrop is a cloud-based platform that enables event photographers to upload photos from their events and use AI-powered facial recognition to automatically match each event attendee (guest) with the photos in which they appear. Guests register by submitting a selfie and their email address via a unique event link. The Service is provided on a subscription basis to photographers and related professionals (“Users”).
3. User Accounts
To use the Service as a photographer, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials.
- All activity that occurs under your account.
- Notifying us immediately of any unauthorised use of your account at support@shutterdrop.app.
- Ensuring all information you provide remains accurate and up to date.
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent, abusive, or harmful behaviour.
4. Payment & Billing
Paid plans are billed monthly in Australian Dollars (AUD) via Stripe. By subscribing, you authorise us to charge your payment method on a recurring monthly basis.
- Subscriptions renew automatically unless cancelled before the renewal date.
- You may cancel at any time via your account billing portal; cancellation takes effect at the end of the current billing period.
- We do not offer refunds for partial months or unused capacity.
- Prices may change with 30 days’ written notice to your registered email address.
- Free trial accounts are subject to usage limits as published on our pricing page.
5. Data & Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. In summary:
- We collect names, email addresses, selfie images, and event photos as necessary to operate the Service.
- Guest selfies are used solely for facial recognition matching and are deleted after 30 days.
- Event photos are retained while your account remains active.
- We do not sell personal data to third parties.
- We comply with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
6. Facial Recognition
The Service uses AWS Rekognition to process facial biometric data. By using the Service, you acknowledge and agree to the following:
- Photographers: You must obtain informed consent from all event guests before collecting their selfies and facial biometric data. You are responsible for displaying clear notice at your events that facial recognition technology is in use.
- Guests: By submitting a selfie through an event registration page, you consent to your facial image being processed by AWS Rekognition to identify photos of you in the event gallery.
- Facial biometric data is processed and stored on AWS infrastructure in the Asia Pacific region.
- Facial feature vectors (embeddings) generated by AWS Rekognition are deleted when guest selfies are deleted (within 30 days of collection).
- We do not use facial biometric data for any purpose other than matching guests to their event photos.
7. Intellectual Property
You retain all intellectual property rights in the photos and content you upload to the Service. By uploading content, you grant us a limited, non-exclusive, royalty-free licence to store, process, and display that content solely as necessary to provide the Service to you and your guests.
The ShutterDrop platform, including its software, design, trademarks, and underlying technology, remains the exclusive property of ShutterDrop. You must not copy, modify, reverse-engineer, or create derivative works of any part of the platform.
8. Termination
Either party may terminate this agreement at any time:
- You may cancel your subscription at any time through your account settings.
- We may suspend or terminate your access immediately if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law.
- Upon termination, your data will be deleted in accordance with our Privacy Policy. You may request a data export before cancelling your account by contacting support@shutterdrop.app.
9. Limitation of Liability
To the maximum extent permitted by Australian law:
- The Service is provided “as is” without warranties of any kind, express or implied, including warranties of accuracy, merchantability, or fitness for a particular purpose.
- We do not warrant that facial recognition matching will be 100% accurate or that all photos will be correctly attributed to all guests.
- Our total liability to you for any claim arising out of or in connection with these Terms or the Service shall not exceed the total subscription fees paid by you in the three months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or goodwill.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under Australian law, including under the Australian Consumer Law.
10. Governing Law
These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with these Terms. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.