Draft — pending legal review

This document is a working draft for PicPal's pre-launch phase. It will be reviewed by qualified counsel and updated before the marketplace goes live with paid bookings.

Terms of Service

Last updated: May 2, 2026 · Effective on launch

1. Who we are

PicPal ("PicPal", "we", "our", "us") is an online marketplace that connects travelers ("Travelers") with independent local photographers ("Photographers"). These Terms of Service ("Terms") govern your access to and use of the PicPal website, applications, and services (together, the "Service").

Pre-launch notice. PicPal is currently in a pre-launch waitlist phase. During this phase, the Service is limited to browsing photographer profiles, submitting photographer applications, and joining the waitlist. Bookings, payments, and platform transactions are not yet active and will go live once we have completed our regulatory and payment-provider onboarding.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use PicPal. By using the Service you represent that you meet these requirements and that all information you provide is accurate.

3. Accounts

You are responsible for keeping your account credentials confidential and for any activity under your account. Notify us immediately if you suspect unauthorized use. We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a risk to other users.

4. The role of PicPal

PicPal is a venue. Photographers are independent contractors, not employees, agents, partners, or representatives of PicPal. PicPal does not perform photography services, does not own the photographs delivered, and is not a party to any agreement between a Traveler and a Photographer. Any contract for a photoshoot is directly between the Traveler and the Photographer.

5. Bookings and payments (when live)

Once the marketplace launches, bookings will be made through the Service and payment will be processed by our third-party payment provider. PicPal will collect the total amount from the Traveler, hold the funds in escrow until the shoot is delivered, and then release the Photographer's share less any applicable platform fees, taxes, and payment-processor charges. Specific fees, payout timing, and dispute procedures will be disclosed at the time of booking.

6. Cancellations and refunds

Cancellations and refunds are governed by our Cancellation & Refund Policy, which is incorporated into these Terms by reference.

7. User content

You retain ownership of content you submit to the Service (photos, profile copy, messages, reviews). By submitting content you grant PicPal a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and distribute that content as necessary to operate, market, and improve the Service. Photographers retain copyright in their photographs; client usage rights are set out in each booking.

8. Acceptable use

You agree not to:

Use the Service for any unlawful, fraudulent, or harmful purpose;
Impersonate another person or misrepresent your affiliation;
Circumvent the platform to avoid fees or contact restrictions;
Upload content that infringes intellectual property, privacy, or publicity rights;
Harass, threaten, or discriminate against any other user;
Attempt to disrupt, reverse-engineer, or gain unauthorized access to the Service.

9. Reviews and messaging

Reviews must reflect a genuine experience. Messaging is provided so that bookings can be coordinated; we may screen or redact personal contact details to protect users and to keep transactions on-platform.

10. Disclaimers

The Service is provided "as is" and "as available". To the fullest extent permitted by law, PicPal disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any photoshoot will meet your expectations.

11. Limitation of liability

To the fullest extent permitted by law, PicPal will not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising out of or relating to your use of the Service. Our aggregate liability for any claim related to the Service will not exceed the greater of (a) the platform fees you paid to PicPal in the twelve months before the event giving rise to the claim, or (b) USD 100.

12. Indemnity

You agree to indemnify and hold harmless PicPal and its officers, directors, employees, and agents from any claim, demand, loss, or expense (including reasonable legal fees) arising from your use of the Service, your content, or your breach of these Terms.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Sections that by their nature should survive termination will survive.

14. Changes

We may update these Terms from time to time. Material changes will be announced on the Service or by email. Continued use after the effective date constitutes acceptance.

15. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which PicPal is incorporated, without regard to conflict-of-laws principles. The specific governing law and venue will be confirmed once incorporation is finalized and these Terms will be updated accordingly.