Terms of Service | TimeFotos

Welcome to TimeFotos, a platform operated by WorkFotos LLC, a Florida limited liability company doing business as TimeFotos ("Company," "we," "us," or "our"). By accessing or using our website at timefotos.com, our mobile applications, or any of our related services (collectively, the "Platform"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, do not use the Platform.

1. Acceptance of Terms

By creating an account, accessing, browsing, or using the Platform in any way, you affirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Acceptable Use Policy, all of which are incorporated herein by reference.

We reserve the right to update or modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date above. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms.

2. Eligibility and Age Requirements

General use: You must be at least 13 years of age to create an account or use the Platform. By using the Platform, you represent and warrant that you are at least 13 years old. We do not knowingly collect personal information from children under 13. If we discover that a user is under 13, we will immediately terminate that account and delete associated data. See our Privacy Policy for details.

Marketplace transactions: You must be at least 18 years of age to post listings, purchase items, engage in any marketplace transactions, or enter into any binding agreements facilitated through the Platform. By conducting marketplace transactions, you represent that you are at least 18 years old.

Business accounts: If you are registering on behalf of a company or legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" shall refer to that entity.

3. User Accounts

To access certain features, you must create an account. You agree to:

Provide accurate, complete, and current information during registration.
Maintain the security of your account password and accept responsibility for all activities that occur under your account.
Notify us immediately at support@workfotos.com of any unauthorized use of your account.
Not share your account credentials with any third party or allow any other person to use your account.
Not create multiple accounts to circumvent bans, restrictions, or other enforcement actions.

We reserve the right to suspend or terminate your account at our sole discretion, with or without notice, for any violation of these Terms or behavior we deem harmful to the Platform or its users.

4. User-Generated Content

4.1 Your Content

The Platform allows you to post, upload, share, and display content including photos, text, business information, marketplace listings, community posts, and other materials (collectively, "User Content"). You retain all ownership rights to your User Content.

4.2 License to TimeFotos

By posting User Content on the Platform, you grant TimeFotos a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and improving the Platform and promoting our services. This license ends when you delete your User Content or account, except to the extent your content has been shared by others and they have not deleted it.

4.3 Representations

You represent and warrant that: (a) you own or have the necessary rights to post your User Content; (b) your User Content does not infringe the intellectual property, privacy, or other rights of any third party; (c) your User Content does not violate any applicable law or regulation; and (d) your User Content complies with our Acceptable Use Policy.

4.4 Content Monitoring

We are not obligated to monitor User Content, but we reserve the right to remove or disable any User Content at our sole discretion, at any time, without notice, for any reason, including if we believe it violates these Terms.

5. Marketplace

5.1 Platform Role — Intermediary Only

TimeFotos provides a neutral platform that allows users to post and browse listings for items, properties, jobs, services, animals, vehicles, tickets, farm products, and other goods (collectively, "Marketplace"). TimeFotos is NOT a party to any transaction between buyers and sellers. We are an intermediary only. We do not own, inspect, verify, certify, or guarantee the quality, safety, title, legality, accuracy, or fitness for any purpose of any listing, item, animal, property, or service advertised on the Platform. We are not responsible for the ability of sellers to sell, the ability of buyers to pay, or the delivery of any goods or services.

IMPORTANT: By using the Marketplace, you acknowledge and accept that TimeFotos assumes no liability whatsoever for any losses, damages, injuries, disputes, fraud, or other harm arising from any marketplace transaction, whether or not such transactions are facilitated through the Platform.

5.2 Posting Listings

When you post a Marketplace listing, you represent, warrant, and agree that:

All information in your listing is accurate, complete, current, and not misleading.
You have clear legal title, ownership, or the legal right to sell, rent, rehome, or offer the item or service described.
The item or service is free from any undisclosed liens, encumbrances, claims, or defects that would affect the buyer's use or ownership.
Your listing complies with all applicable local, state, and federal laws and regulations.
Your listing does not include prohibited items or services as defined in our Acceptable Use Policy.
You are solely and exclusively responsible for completing any transaction, all communications with the other party, and any disputes arising from the transaction.
You will not engage in price gouging, bait-and-switch, or any other deceptive trade practice.

5.3 Paid Listings

Certain Marketplace categories (including Real Estate, Job, Service, and RV Lots listings) require a one-time fee ("Listing Fee"). By paying a Listing Fee, you agree to our payment terms and authorize us to charge the applicable amount via Stripe. Listing Fees are non-refundable once your listing has been published, even if your listing is later removed for a violation of these Terms. Listings remain active for the period stated at the time of payment (typically 45 days), after which they expire automatically.

5.4 Category-Specific Disclaimers

The following additional disclaimers apply to specific Marketplace categories:

Real Estate & Rentals: All real estate and rental listings are subject to all applicable federal, state, and local housing laws, including the Fair Housing Act (42 U.S.C. § 3601 et seq.), which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Sellers and landlords are solely responsible for Fair Housing compliance. TimeFotos does not represent, advise, or act as a real estate broker or agent. Nothing on the Platform constitutes real estate advice. All parties should consult licensed real estate professionals.
Vehicles: TimeFotos does not verify vehicle titles, odometer readings, accident history, lien status, or mechanical condition. Buyers are solely responsible for conducting due diligence, including title searches, vehicle history checks (e.g., Carfax), and mechanical inspections. Sellers must disclose all known defects, accidents, and title issues. Selling a vehicle with a fraudulent title or undisclosed lien may constitute criminal fraud.
RVs, Campers & Boats: All applicable vehicle title, lien disclosure, and odometer requirements apply. Buyers should obtain a marine survey or RV inspection before purchase. Coast Guard documentation and state titling requirements apply to boats.
Jobs & Employment: Job listings must comply with all federal and state employment laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Equal Pay Act, and all applicable minimum wage and overtime laws. TimeFotos is NOT an employer, staffing agency, or employment agency. No employment relationship is created between TimeFotos and any user. Employers are solely responsible for verifying work eligibility (Form I-9), background checks, and all other hiring compliance.
Services: Service providers who offer licensed services (medical, legal, dental, financial, electrical, plumbing, HVAC, construction, etc.) must hold all required licenses, certifications, and insurance required by applicable law. TimeFotos does not verify licenses, credentials, or insurance. Buyers of services should independently verify credentials before engaging any service provider.
Medical Equipment: Medical devices, equipment, and supplies may be subject to FDA regulations. Sellers are solely responsible for compliance with applicable FDA regulations, state health regulations, and any applicable recall notices. Items must not be sold in violation of prescription requirements. TimeFotos is not a medical device distributor and makes no representations about the safety, effectiveness, or regulatory compliance of any medical equipment listed.
Hunting & Fishing: All hunting and fishing equipment listings and guided trips must comply with applicable federal and state wildlife laws, including U.S. Fish & Wildlife Service regulations, state game regulations, and international conventions (CITES). Sellers of guided trips, licenses, and permits must hold all required state and federal licenses. Buyers are responsible for obtaining all required hunting and fishing licenses before engaging in any activity.
Farm, Livestock & Agricultural Products: The sale of livestock, poultry, and other farm animals is subject to USDA regulations, state animal health laws, and may require health certificates, brand inspection, or other documentation. Sellers are solely responsible for compliance. TimeFotos makes no representations about the health, genetics, or legal status of any animal listed. Buyers assume all risks.
Farmers Market & Food Products: The sale of food products may be subject to federal (FDA, USDA), state, and local health regulations, including cottage food laws. Sellers are solely responsible for compliance with all applicable food safety and labeling regulations.
Tickets & Events: Ticket resale may be regulated or prohibited in certain jurisdictions. Sellers are solely responsible for compliance with applicable anti-scalping laws and ticket resale regulations. TimeFotos does not guarantee the validity or authenticity of any ticket listed.
Gift Cards: Gift card resale and transfer may be subject to state regulations. TimeFotos does not verify the balance, validity, or authenticity of any gift card listed. Buyers should verify before purchase. Fraudulent gift card listings are prohibited and will be reported to law enforcement.
Animals (Pets/Adoption): Pet listings are for adoption and rehoming only. The commercial sale of animals is prohibited. All animal transactions must comply with the Animal Welfare Act and all applicable state and local regulations. See our Acceptable Use Policy for full details.

5.5 Buyer Safety Warning

TimeFotos strongly recommends that you exercise extreme caution when conducting any transaction through the Marketplace. To protect yourself:

Always meet in a public place, such as a police station safe exchange zone, coffee shop, or bank lobby.
Never send money via wire transfer, cryptocurrency, gift cards, Zelle, Venmo, or any other irreversible payment method to a person you have not met and verified.
Never share financial account information, Social Security numbers, or other sensitive personal data.
Inspect all items in person before payment. Obtain receipts and documentation.
Be skeptical of deals that seem too good to be true — they usually are.
Report suspected fraud to us at support@workfotos.com and to your local law enforcement.

We are not responsible for the conduct of any user on or off the Platform, for any transaction that goes wrong, for any fraud perpetrated by any user, or for any physical harm resulting from any meeting arranged through the Platform.

5.6 FOSTA-SESTA Compliance

TimeFotos strictly prohibits the use of the Platform to promote, facilitate, or engage in human trafficking, sex trafficking, or the commercial sexual exploitation of any person. Any listing, content, or communication that promotes or facilitates such activity will be immediately removed, the account will be terminated, and the matter will be reported to the National Human Trafficking Hotline and law enforcement. If you encounter such content, report it immediately at support@workfotos.com or call 1-888-373-7888.

6. Business Listings and Verified Accounts

TimeFotos offers free business listings and paid "Verified" or "Pro" accounts for businesses and service professionals. By creating a business listing or Pro account, you represent that:

All business information you provide is accurate and current.
You are authorized to represent the business or professional entity you list.
You will promptly update your listing if any information changes.

Verified status is granted at our discretion based on the information you provide. We reserve the right to revoke Verified status at any time if we determine that the information provided was inaccurate or misleading. Fees paid for Pro or Verified accounts are subject to our refund policy stated at the time of purchase.

7. Payments and Billing

All payments on the Platform are processed by Stripe, Inc., a third-party payment processor. By making a payment, you also agree to Stripe's Terms of Service and Privacy Policy. TimeFotos does not store your full payment card information.

All fees are stated in US Dollars (USD) and are exclusive of applicable taxes. You are responsible for paying all taxes associated with your transactions. TimeFotos reserves the right to change its fee structure at any time with reasonable notice.

Refund Policy: Listing Fees are non-refundable once a listing is published. Subscription fees for Pro accounts are non-refundable except as required by applicable law. If you believe you were charged in error, contact us at support@workfotos.com within 30 days of the charge.

8. Intellectual Property

The Platform and all of its original content (excluding User Content), features, and functionality are and will remain the exclusive property of TimeFotos and its licensors. Our trademarks, logos, and trade names may not be used in connection with any product or service without prior written consent. You may not copy, modify, distribute, sell, or lease any part of our Platform without permission.

9. Copyright and DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that any content on the Platform infringes your copyright, please review our DMCA Notice and Takedown Policy and submit a proper takedown notice to dmca@timefotos.com.

We will respond to valid DMCA notices and may disable or remove infringing content. Repeat infringers will have their accounts terminated.

10. Prohibited Conduct

You agree not to use the Platform to:

Violate any applicable law or regulation.
Post false, misleading, or fraudulent content or listings.
Harass, threaten, intimidate, or harm any other user.
Impersonate any person or entity or misrepresent your affiliation.
Post spam, unauthorized advertising, or promotional materials.
Attempt to gain unauthorized access to any account, system, or network.
Use automated means (bots, scrapers) to access or collect data from the Platform.
Post or transmit viruses or any malicious code.
Engage in any activity that disrupts or interferes with the Platform's functionality.

See our full Acceptable Use Policy for detailed prohibited activities.

11. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Platform, you consent to our collection and use of personal information as described in the Privacy Policy.

12. Field Service Application

TimeFotos offers a mobile application (available on the Apple App Store and Google Play) that provides field service documentation tools including timestamped jobsite photos, GPS location tagging, weather context capture, job address-based organization, team chat, document storage, estimates, work orders, and invoices (collectively, "Field Service Features"). These features are available to users who upgrade to a Pro or Verified account.

12.1 Nature of the Field Service Application

The Field Service Features are provided as productivity and documentation tools only.TimeFotos is not a licensed engineering firm, insurance company, legal services provider, or regulatory body. Nothing in the Field Service Features constitutes professional advice of any kind, including legal, engineering, insurance, or construction advice.

12.2 Photo Timestamp and GPS Data

Timestamps embedded in photos are derived from the device's internal clock and GPS module.TimeFotos does not independently verify, certify, or guarantee the accuracy of any timestamp, GPS coordinate, or weather reading. Timestamp and GPS accuracy are subject to device hardware limitations, GPS signal availability, network conditions, and user-controlled device settings. We make no representation that timestamps or location data recorded through the Platform will be accepted as evidence in any legal, insurance, regulatory, or arbitration proceeding. Users who require certified or legally admissible documentation should consult qualified legal professionals and use certified tools appropriate for their jurisdiction.

12.3 Weather Data

Weather conditions displayed or embedded in photos are obtained from third-party weather data providers. TimeFotos does not control, verify, or guarantee the accuracy of weather data. Weather readings are approximate and may not reflect actual on-site conditions. Do not rely on weather data from this Platform for safety-critical decisions.

12.4 Estimates, Work Orders, and Invoices

The estimate, work order, and invoice tools are provided for administrative convenience only. You are solely responsible for the accuracy, completeness, and legality of all estimates, work orders, invoices, and any other financial or contractual documents you create using the Platform. TimeFotos is not responsible for pricing errors, contract disputes, unpaid invoices, or any financial outcomes arising from your use of these tools. All contractual relationships are solely between you and your clients.

12.5 Client Share Links

The Platform allows you to generate read-only share links for clients to view job documentation without creating an account. You are responsible for controlling access to share links and for ensuring that sharing any content through these links complies with applicable privacy laws and your contractual obligations to your clients. TimeFotos is not liable for unauthorized access to content shared via links you distribute.

12.6 Team Features

Team chat, shared job access, and crew collaboration features are provided for your convenience. You are responsible for managing team member access and for all content posted by team members under your account. You represent that all team members using your account have accepted these Terms.

13. Data Loss and Backup

TIMEFOTOS DOES NOT GUARANTEE THAT ANY DATA, PHOTOS, DOCUMENTS, ESTIMATES, INVOICES, OR OTHER CONTENT YOU STORE ON THE PLATFORM WILL NOT BE LOST, CORRUPTED, OR PERMANENTLY DELETED. While we maintain industry-standard backup practices, data loss can occur due to hardware failures, software errors, cyberattacks, natural disasters, or other circumstances beyond our control.

You are solely responsible for maintaining independent backups of all critical data, photos, and documents you store on the Platform. We strongly recommend that you:

Regularly export and locally store copies of all jobsite photos, estimates, invoices, and documents.
Maintain backup copies of any data that is critical for legal, insurance, regulatory, or business purposes.
Do not rely solely on the Platform as your only storage for legally or professionally critical records.

In the event of data loss, TimeFotos will use commercially reasonable efforts to recover lost data but cannot guarantee recovery. TimeFotos shall not be liable for any data loss, regardless of cause, including loss of business records, job documentation, financial records, or any other data stored on the Platform.

14. Service Availability and Interruptions

The Platform is provided on an "as available" basis. We do not guarantee uninterrupted, continuous, or error-free access to the Platform at any time. The Platform may be temporarily unavailable due to:

Scheduled or emergency maintenance.
Server outages, hardware failures, or network disruptions.
Third-party service provider failures (including cloud hosting, payment processors, or authentication services).
Cyberattacks, distributed denial-of-service (DDoS) attacks, or security incidents.
Force majeure events including natural disasters, pandemics, or government actions.
Actions beyond our reasonable control.

TimeFotos shall not be liable for any losses, damages, lost revenue, missed deadlines, or other consequences arising from service interruptions or unavailability of the Platform, regardless of the cause or duration. Field service professionals should maintain offline backup documentation methods and should not rely exclusively on the Platform for time-sensitive or safety-critical operations.

We do not provide any Service Level Agreement (SLA) or uptime guarantee for free accounts. Pro account uptime commitments, if any, will be specified separately in the Pro account terms.

15. Mobile Application and App Stores

The TimeFotos mobile application is available on the Apple App Store and Google Play Store. Your use of the mobile application is also subject to the applicable terms and conditions of the app store through which you downloaded the application:

Apple App Store: If you download the application from the Apple App Store, you acknowledge that Apple, Inc. is not a party to these Terms and has no obligation to provide any maintenance or support for the application. Apple has no warranty obligations for the application. Apple is not responsible for addressing any claims relating to the application. In the event of any failure to conform to applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the mobile application, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Google Play: If you download the application from Google Play, Google LLC is not a party to these Terms and bears no responsibility for the application, its content, or your use of it.

We reserve the right to update, modify, or discontinue the mobile application at any time without notice. Continued availability on app stores is not guaranteed. We are not responsible if the application is incompatible with your device's operating system version or hardware. In-app purchases, if any, are subject to the applicable app store's payment and refund policies in addition to these Terms.

16. Public Content, Reviews, and Defamation

The Platform includes social features that allow users to post publicly visible content, including project photos, before-and-after albums, business reviews, community posts, and marketplace listings (collectively, "Public Content"). By posting Public Content, you agree to the following:

16.1 Your Responsibility

You are solely and exclusively responsible for all Public Content you post.You represent and warrant that your Public Content is truthful, accurate, and does not:

Defame, libel, slander, or otherwise harm the reputation of any individual, business, or entity.
Constitute false statements of fact presented as true.
Constitute tortious interference with business relationships.
Violate any third party's privacy, publicity, or other rights.
Constitute harassment, cyberbullying, or targeted abuse of any individual.

16.2 No Endorsement

TimeFotos does not verify, endorse, or take responsibility for any Public Content. The appearance of Public Content on the Platform does not constitute our approval, recommendation, or certification of any statement, review, or claim made therein.

16.3 Section 230 Protection

TimeFotos is an interactive computer service as defined under 47 U.S.C. § 230 of the Communications Decency Act. We are not the publisher or speaker of User Content posted by third parties on our Platform and are not liable for User Content under applicable law. We reserve the right, but are not obligated, to remove User Content that we determine, in our sole discretion, to be defamatory, false, harmful, or otherwise in violation of these Terms.

16.4 Reporting Defamatory Content

If you believe that content posted on the Platform about you or your business is defamatory or false, please contact us at support@workfotos.com with a description of the content, its location (URL), and a detailed explanation of why you believe it is false or defamatory. We will review your report and take action at our sole discretion. Submission of a report does not guarantee removal of the content.

16.5 Indemnification for Defamatory Content

If any claim is brought against TimeFotos arising from or related to Public Content you posted, you agree to defend, indemnify, and hold harmless TimeFotos from any such claim, including all costs, damages, and attorneys' fees.

17. Professional Services Disclaimer

Nothing on the Platform constitutes legal, financial, tax, insurance, engineering, construction, medical, or other professional advice. The Platform is a general-purpose productivity and community tool and is not a substitute for consultation with qualified professionals in the relevant fields.

Specifically:

Jobsite photo documentation created through the Platform is not a substitute for certified inspection reports, licensed engineering assessments, or official government documentation.
Estimates and invoices created through the Platform do not constitute legal contracts unless separately executed by both parties under applicable law.
TimeFotos does not provide legal advice regarding the admissibility of digital evidence, and users should consult licensed attorneys regarding evidentiary requirements in their jurisdiction.
TimeFotos does not provide insurance advice. Users should consult licensed insurance professionals for coverage guidance.

18. Third-Party Services and Links

The Platform may contain links to third-party websites or services. TimeFotos is not responsible for the content, privacy policies, or practices of any third-party sites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

19. Disclaimer of Warranties

19.1 No Guaranteed Business or Social Outcomes

The Platform may help you display your work, profile, listings, or other content so that other users in your area or community can discover it. TimeFotos does not guarantee any minimum or specific level of views, impressions, ranking, messages, inquiries, leads, customers, jobs, hires, sales, revenue, or any other business or social outcome. Results depend on many factors outside our control, including user behavior, competition, seasonality, and the quality and relevance of your content. Marketing or help text on our websites, apps, or communications describes general possibilities and tools for visibility and connection—not promises that you will achieve any particular result.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

TimeFotos does not warrant that: (a) the Platform will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements.

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIMEFOTOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your access to or use of, or inability to access or use, the Platform;
Any conduct or content of any third party on the Platform;
Any content obtained from the Platform;
Unauthorized access, use, or alteration of your transmissions or content;
Any marketplace transaction or interaction between users.

In no event shall TimeFotos's total liability to you for all claims exceed the greater of (a) the amount you paid to TimeFotos in the twelve (12) months preceding the claim, or (b) one hundred US dollars ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

21. Indemnification

You agree to defend, indemnify, and hold harmless TimeFotos and its affiliates, licensors, service providers, employees, agents, officers, and directors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your User Content; (c) your use of the Platform; (d) your marketplace listings or transactions; or (e) your violation of any third party's rights.

22. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

22.1 Informal Resolution

Before initiating any formal dispute process, you agree to contact us at support@workfotos.com and attempt to resolve the dispute informally. You agree to give us at least 30 days to resolve the issue before initiating arbitration.

22.2 Binding Arbitration

If the dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, conducted in Miami-Dade County, Florida, or via videoconference. The arbitrator shall have authority to grant any relief that a court could grant. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

22.3 Class Action Waiver

YOU AND TIMEFOTOS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND TIMEFOTOS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

22.4 Exceptions

Notwithstanding the above: (a) either party may seek injunctive or equitable relief in a court of competent jurisdiction in Florida to prevent irreparable harm; (b) claims within the jurisdiction of small claims court may be brought in small claims court.

22.5 Time Limitation on Claims

YOU MUST BRING ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES, OR SUCH CLAIM WILL BE PERMANENTLY BARRED.

23. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

24. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and TimeFotos regarding the use of the Platform and supersede all prior agreements.

25. California Consumer Rights (CCPA)

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, the right to delete personal information, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights. To exercise these rights, contact us at support@workfotos.com. See our Privacy Policy for full details.

California users also have rights under California Civil Code § 1789.3 regarding electronic commerce. If you have a complaint regarding the Platform, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

26. Force Majeure

TimeFotos shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, cyberattacks, government actions, labor disputes, power outages, telecommunications failures, or failures of third-party service providers (including cloud hosting, payment processors, or authentication services).

27. Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You represent that you are not located in, or a national of, any country subject to U.S. Government embargo or sanctions, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

28. Contact Us

If you have any questions about these Terms of Service, please contact us at:

WorkFotos LLC, dba TimeFotos
2125 Biscayne Blvd, Ste 204 #21075
Miami, FL 33137-5029
Phone: +1 (305) 537-6170
Email: support@workfotos.com
Website: www.timefotos.com