Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and StudyMyVisuals LLC, doing business as RealShot ("RealShot", "we", "us" or "our"). They govern your use of the RealShot website, apps and services (the "Services").

By creating an account, checking the box to agree, typing your name to sign, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

• The Privacy Policy, which explains how we handle personal information.
• The Client Booking & Usage Rights Terms, which apply to every booking.
• The Community Guidelines, which apply to everyone.
• For creators, the Creator Services Agreement and the Background Check Disclosure.

Each of these documents is part of these Terms. If one of them conflicts with these Terms on the subject it covers, that document controls on that subject.

Important: the "Arbitration and class action waiver" section below requires you and RealShot to resolve disputes by binding individual arbitration and waives the right to a jury trial and to take part in a class action. You may opt out of arbitration as described in that section.

To use the Services you must:

• be at least 18 years old and able to form a binding contract;
• live in the United States and use the Services in the United States;
• not have been removed from the Services by us before; and
• if you use the Services for a business, have the authority to bind that business to these Terms.

The Services are not for anyone under 18. We may ask you to verify your age or identity at any time and may close any account we reasonably believe belongs to someone under 18.

Register with your full legal name, a working email address and phone number, and keep them accurate. You may hold one account. You are responsible for everything that happens under your account, so keep your password private.

Tell us immediately at support@realshot.app if you believe someone else has used your account. RealShot is not responsible for any loss caused by someone else using your account, whether or not you knew about it.

RealShot is a platform for booking on-demand photography and videography. Clients book a package, and an independent photographer or videographer (a "Creator") who has been approved by RealShot performs the shoot. RealShot collects payment and delivers the files to the client.

Creators are independent contractors. They are not employees, partners, joint venturers or agents of RealShot, and they decide how to perform the work. RealShot does not guarantee that a Creator will be available at any time or place.

RealShot may, at its discretion, screen Creators before or after approval. Any screening is limited, may change over time and is not a guarantee or endorsement. RealShot does not guarantee the identity, background, qualifications, conduct or work of any user, and is not responsible for the acts or omissions of any client or Creator.

RealShot may change, suspend or discontinue any part of the Services, including features, packages, service areas and availability, at any time and without liability to you. RealShot has no obligation to provide any particular feature, level of availability, maintenance or support.

The package, duration, locations, deliverables and total price are shown before you confirm a booking. When you confirm, you authorize us, through our payment processor, to charge the full price to your payment method at that time.

Prices include any fees shown at checkout. Applicable taxes are added where the law requires. A price change never affects a booking you have already confirmed.

If a charge fails, the booking is not confirmed. Refunds are issued only as set out in the Client Booking & Usage Rights Terms, to the original payment method.

How Creators are paid, and any fees that apply to them, are set out separately in the Creator Services Agreement and in the payout terms provided to Creators.

Cancellation windows, no-shows, rescheduling, weather, and what happens if a Creator cannot complete a shoot are set out in the Client Booking & Usage Rights Terms. In short: no free reshoots; if a shoot cannot be completed on our side, we will try to provide a replacement Creator, and if we cannot, you receive a full refund. That refund is your sole and exclusive remedy for a booking we cannot complete.

Photos, video and other files created during a booking ("Booking Content") become the client's property, including the copyright, once the booking is paid in full and the files have been delivered by RealShot. Ownership comes with the booking; RealShot does not sell commercial licenses or upgrades. RealShot does not use Booking Content to market or advertise RealShot, and no Creator may use it in a portfolio or anywhere else, without the client's consent. Clients are responsible for getting consent from the people who appear in their shoots. Creators assign their rights in Booking Content to StudyMyVisuals LLC and may not use it themselves. The full terms are in the Client Booking & Usage Rights Terms and the Creator Services Agreement.

Anything you add to the Services yourself, such as a shoot brief, notes or reference images ("Your Materials"), stays yours. You give RealShot a non-exclusive, royalty-free license to use Your Materials to provide the Services, and you confirm you have the right to share them.

RealShot's name, logo, software and the Services themselves belong to StudyMyVisuals LLC and are protected by law. These Terms do not give you any right to them beyond using the Services as intended.

Creators are responsible for carrying their own insurance, including liability insurance and coverage for their equipment. RealShot does not provide insurance to clients or Creators. If RealShot later offers coverage through a third-party provider, it will say so in writing, and only the terms of that coverage will apply.

Clients are responsible for the shoot location: having the right to film there, getting any permits, permissions and releases needed, and keeping it reasonably safe.

To the fullest extent permitted by law, RealShot accepts no liability for any injury, death, loss, theft or damage to any person, equipment or property that occurs during or in connection with a shoot, including at or to the client's shoot location. Shoots take place between the client and the Creator, at their own risk.

You agree not to:

• break any law, or use the Services for anything illegal, harmful or fraudulent;
• record anyone who has not agreed to it, or record in a place where recording is not allowed;
• harass, threaten, discriminate against or endanger anyone;
• give false information, impersonate anyone or create more than one account;
• use RealShot to meet a client or Creator and then book, perform or pay for services with them outside RealShot;
• share, sell or misuse anyone else's personal information or Booking Content;
• copy, scrape, reverse-engineer or interfere with the Services, or try to get around any security or access control; or
• break the Community Guidelines.

We may suspend or close your account, cancel bookings or remove content at any time, without liability to you, if we reasonably believe you have broken these Terms, created risk for others or for RealShot, or if the law requires it. We may, but are not required to, tell you why.

You can stop using the Services at any time and delete your account in Settings, or by emailing support@realshot.app. Deleting your account does not cancel what you already owe, and does not undo rights already transferred in Booking Content.

Sections that by their nature should continue after your account ends will continue, including those on content ownership, liability, indemnification and dispute resolution.

The Services are provided "as is" and "as available". To the fullest extent permitted by law, RealShot disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

Without limiting the above, RealShot does not warrant or promise that:

• the Services will be available at any particular time or place, or will be uninterrupted, timely, secure or error-free, or that defects will be corrected;
• a Creator will be available for, or accept, any booking;
• Booking Content will meet your expectations or be suitable for any particular purpose, beyond the deliverables described in the Client Booking & Usage Rights Terms;
• any information in the Services, including estimated times, prices and locations, is accurate or complete; or
• any client or Creator will act lawfully, safely or as expected.

No advice or information, whether oral or written, obtained from RealShot or through the Services creates any warranty not expressly stated in these Terms. The Services may rely on or link to third-party services, which RealShot does not control and is not responsible for. You use the Services, and deal with other users, at your own risk.

Some places do not allow the exclusion of certain warranties. In those places the exclusions above apply only as far as the law allows.

To the fullest extent permitted by law: (a) RealShot will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill; (b) RealShot will not be liable for any damages arising from the conduct of any client, Creator or other third party, or from events at or in connection with a shoot; and (c) RealShot's total liability for all claims relating to the Services is limited to the greater of the amount you paid RealShot in the 12 months before the claim arose and one hundred U.S. dollars ($100). These limits apply to every theory of liability, whether in contract, tort (including negligence), strict liability or otherwise, even if RealShot was told such damages were possible, and even if a remedy fails of its essential purpose.

Some places do not allow certain of these limits. In those places they apply only as far as the law allows. Nothing in these Terms limits liability that cannot be limited by law.

You will defend, indemnify and hold harmless StudyMyVisuals LLC and its affiliates, owners, employees, contractors and agents from any claim, loss, liability or expense (including reasonable attorneys' fees) arising from your use of the Services, your conduct at a shoot, your dealings with other users, Your Materials, or your breach of these Terms or of the law or anyone else's rights. RealShot may take over the defense of any such claim at your expense, and you will cooperate with it.

Most problems can be solved quickly. Before starting arbitration or a court case, you and RealShot agree to try to resolve the dispute informally for at least 30 days. To start, send a written description of the problem and what you want to support@realshot.app. We will do the same by writing to the email address on your account.

Please read this section carefully. It affects your legal rights.

If a dispute is not resolved informally, you and StudyMyVisuals LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator decides all questions about whether a dispute must be arbitrated. The Federal Arbitration Act governs this section.

The arbitration may be held by video or phone, or in person in the county where you live. Fees are paid as the AAA's Consumer Arbitration Rules provide.

Exceptions: either party may bring an individual claim in small claims court, and either party may ask a court for an injunction to stop the misuse of intellectual property or confidential information.

Class action and jury trial waiver: you and RealShot may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action, and the arbitrator may not combine claims of more than one person. You and RealShot each waive the right to a jury trial.

Opting out: you can opt out of this arbitration agreement by emailing support@realshot.app within 30 days of first accepting these Terms, with your name, the email on your account and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable for a claim, that claim must be decided in court, not in arbitration. If any other part of this section is found unenforceable, the rest still applies.

These Terms are governed by the laws of the state in which StudyMyVisuals LLC is organized, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for the arbitration section. Any claim that is allowed to go to court will be heard in the state or federal courts located in the state in which StudyMyVisuals LLC is organized, unless the law of the place where you live requires otherwise.

We may update these Terms. If a change is material, we will tell you in the app or by email before it takes effect and ask you to accept the new version. If you do not accept, you may delete your account. The version and effective date appear at the top of this page.

• Electronic signature: checking a box and typing your name is your electronic signature and has the same effect as signing on paper. You agree to receive agreements and notices electronically.
• Entire agreement: these Terms and the documents they include are the entire agreement between you and RealShot about the Services.
• Severability: if any part of these Terms is unenforceable, the rest still applies.
• No waiver: not enforcing a right now does not waive it.
• Assignment: you may not transfer these Terms. We may transfer them, including in connection with a merger, sale or reorganization.
• No third-party beneficiaries: these Terms do not give rights to anyone other than you and RealShot.
• Events outside our control: we are not responsible for delays or failures caused by events beyond our reasonable control.

StudyMyVisuals LLC, doing business as RealShot. Email: support@realshot.app.