Terms of Service

1. Agreement to Terms

By purchasing, downloading, installing, or using Book Proofs, or by accessing our website or online services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our products, website, or online services. These Terms constitute a legally binding agreement between you and Book Proofs, LLC ("we," "our," or "us"), a company based in New York, United States.

Throughout these Terms, we refer to two distinct products:

• Book Proofs Designer ("the Software") — our desktop application for photo book design, layout, and export, available as a one-time license purchase.
• Client Proofing ("the Proofing Service") — our optional online service for sharing photo book proofs with clients for review and approval, available as a separate subscription.

Unless otherwise noted, references to "the Software" in these Terms refer to the Book Proofs Designer desktop application. The Proofing Service is governed by the additional terms in Section 10. General provisions of these Terms (including acceptable use, intellectual property, disclaimers, and liability) apply to both the Software and the Proofing Service.

2. Privacy

Our Privacy Policy explains how we collect, use, and protect your information. The Privacy Policy is incorporated into these Terms by reference. By using the Software or our website, you agree to the practices described in our Privacy Policy. Data processing terms applicable to our online services, including Client Proofing, are set forth in Section 10 of these Terms.

3. License Grant

3.1 Scope of License

Upon purchase of a valid license, we grant you a personal, non-exclusive, non-transferable license to use the Software on up to three (3) computers, provided that only you, the licensee, use the Software on those computers. This license is for your personal or commercial use in creating photo books and related materials.

3.2 License Activation and Verification

The Software requires online activation to validate your license. After initial activation, the Software will work offline and periodically re-validate your license when an internet connection is available. You may deactivate a license from one computer to transfer it to another within your allowed device limit. You acknowledge that we may remotely verify the number of active installations associated with your license.

3.3 License Restrictions

You may not:

• Transfer, sell, or sublicense your license to another person
• Share your license key with others
• Use the Software on more devices than permitted by your license
• Reverse engineer, decompile, or disassemble the Software, except where expressly permitted by applicable law
• Remove or alter any proprietary notices or labels on the Software
• Use any automated tools, scripts, or bots to access or interact with the Software
• Publish performance benchmarks or comparisons of the Software without our prior written consent

3.4 Free Demo

The free demo version allows unlimited use of all design features. Export functionality requires purchase of a license. Your projects and designs created during the demo remain accessible and are not deleted. You may continue using the demo indefinitely for design work; only export is restricted. We reserve the right to modify or discontinue the free demo at any time.

4. System Requirements

You are responsible for ensuring your computer meets the Software's system requirements before purchase. System requirements are listed on our website. We are not responsible for performance issues on systems that do not meet these requirements. The free demo allows you to verify compatibility before purchasing.

5. Updates and Upgrades

5.1 Lifetime Updates

Your license includes all future updates to Book Proofs Designer for the lifetime of the product, at no additional cost. This includes bug fixes, performance improvements, and new features.

5.2 No Paid Major Upgrade

We are committed to continually improving Book Proofs Designer as a single, evolving product. We will not release a paid major-version upgrade (such as a "version 2.0") that requires existing license holders to repurchase the Software in order to continue receiving updates. Future improvements will be delivered to existing license holders as part of their existing license.

5.3 Scope of This Commitment

The commitment in Section 5.2 applies to Book Proofs Designer, the desktop application covered by your one-time license. It does not apply to:

• Separate products or services offered alongside the Software, including but not limited to the Client Proofing service, mobile applications, web-based services, or other paid add-ons, each of which may have its own pricing and terms;
• Optional paid features or content packs that may be offered in addition to the Software, where the core Software remains fully functional without them; or
• Successor entities, in the event Book Proofs, LLC is acquired, merged, or otherwise transfers ownership of the Software. We will use reasonable efforts to ensure any successor honors this commitment, but cannot bind a successor in perpetuity.

5.4 Platform and Compatibility

We cannot guarantee indefinite compatibility with third-party operating systems, vendor specifications, or hardware changes beyond our control. We will make reasonable efforts to keep the Software functional on current platforms, but may discontinue support for older operating systems or hardware as needed to maintain quality.

6. Intellectual Property

6.1 Software Ownership

The Software, including all code, graphics, user interface, and documentation, is owned by Book Proofs, LLC and is protected by copyright and other intellectual property laws. Your license grants you the right to use the Software, not ownership of it.

6.2 Included Templates

The templates included with the Software are licensed for your use within the Software to create photo books and printed materials. You may not extract, redistribute, sell, or use the template files outside of the Software, or use them to create competing products or services. You may not use templates or any Software output to train machine learning models or artificial intelligence systems.

6.3 Trademarks

"Book Proofs" and the Book Proofs logo are trademarks of Book Proofs, LLC. You may not use our trademarks without our prior written permission, except to accurately identify the Software in the ordinary course of your business.

7. Your Content

7.1 Ownership

You retain all rights to your photos, images, and designs created using the Software. Templates you create yourself within the Software are your property, and you may use, share, or distribute them as you wish.

7.2 Content You Upload to Our Services

When you upload content to any of our online services (such as Client Proofing), you grant us a limited, non-exclusive, royalty-free license to store, process, and display that content solely to provide the service you requested. We will not use your content for marketing, advertising, or any other purpose without your explicit permission. This license ends when you delete the content or your account is terminated.

7.3 Your Responsibility for Content

You represent and warrant that you own or have the necessary rights to all content you upload or use with the Software, and that your content does not infringe on the intellectual property, privacy, or other rights of any third party. You are solely responsible for ensuring you have appropriate permissions for all images and materials in your projects.

7.4 Ideas and Suggestions

If you submit feature requests, suggestions, or other feedback to us, you grant us the right to use, implement, and build upon those ideas without any obligation or compensation to you. This does not apply to your photos, designs, or other creative content.

8. Acceptable Use

You may use the Software and our online services for personal and commercial purposes, including creating photo books for clients and sharing proofs with clients for review. You agree not to use the Software or our services:

• For any unlawful purpose or to create illegal content
• To infringe on the intellectual property rights of others
• To create content that is defamatory, obscene, or harmful
• In any way that could damage, disable, or impair the Software or our services
• To scrape, data mine, or systematically extract content from the Software or our services
• To develop a competing product or service using our templates, designs, or proprietary materials
• To upload, store, or transmit content unrelated to photo book design or client proofing
• To use our online services as general-purpose file storage or for purposes other than their intended function
• To create multiple accounts to circumvent service limits, usage caps, or subscription requirements
• To repeatedly cycle, cancel, or manipulate subscriptions to exploit transitional access periods or grace periods
• To share proofing access credentials, API keys, or magic links with unauthorized parties or for purposes other than legitimate client review
• To use automated tools or scripts to interact with our online services, create accounts, or upload content in bulk outside of the Software's intended workflows

9. Third-Party Services

The Software may integrate with third-party services, including print vendors and payment processors. We are not responsible for the availability, accuracy, or quality of any third-party services. Your use of third-party services is subject to their own terms and policies. Print vendor specifications are provided as a reference and may change without notice to us; we recommend verifying requirements directly with your chosen vendor and cross-referencing them with the vendor specifications found in the Software under Settings > Print Vendor Info.

10. Client Proofing Service

10.1 Service Description

Client Proofing is an optional online service that allows licensed photographers to upload photo book proofs for client review, feedback, and approval. Client Proofing is a separate subscription service with its own pricing and billing, independent of your one-time Software license purchase. The core functionality of the Software — including photo book design, layout, and export — does not require a proofing subscription and operates fully without it. Access to Client Proofing requires a valid Software license and an active proofing subscription, and is subject to the terms in this section.

10.2 Usage Limits

The Client Proofing service is subject to usage limits, including but not limited to the number of active clients (currently, for example, up to 200 active clients for paid proofing subscribers), the number of proof revisions retained per client (currently, for example, up to 10 versions), and total storage consumed. We reserve the right to adjust these limits at any time. Usage that significantly exceeds normal professional photography workflows may be subject to throttling, suspension, or additional fees.

10.3 Service Tiers and Modifications

The Client Proofing service may be offered at different access levels, with features and limits that vary by tier. We may introduce, modify, limit, or discontinue any access tier, feature, or service level at our discretion. For changes that reduce the access level or features available to existing users, we will provide at least sixty (60) days' notice via email or through the Software, except where immediate action is required to address abuse, security concerns, or violations of these Terms. Your continued use of the service after such changes constitutes acceptance. If you do not agree to the modified terms, you may discontinue use of the service.

We may, at our sole discretion, provide limited access to certain online service features at no additional cost. Any such access is provided as a courtesy, is not a component of your Software license or any paid subscription, and may be modified, limited, or withdrawn at any time without constituting a breach of these Terms.

10.4 Content Ownership and License

You retain all ownership rights to content you upload to the Client Proofing service. By uploading content, you grant us a limited, non-exclusive, royalty-free license to store, process, transmit, and display that content solely to operate and provide the proofing service. This license does not grant us the right to use your content for marketing, training, or any purpose other than delivering the service. This license terminates when you delete the content or when your proofing data is removed pursuant to these Terms.

10.5 Inactive Content and Data Retention

Content associated with inactive clients — those with no uploads, revisions, or client activity — for a continuous period of twelve (12) months may be scheduled for deletion. We will notify you by email at least thirty (30) days before deleting any inactive content, giving you the opportunity to reactivate the client or download your content. When your proofing subscription is cancelled or downgraded, your proofing data will be retained for a grace period of up to twelve (12) months. During this grace period, you may retain limited access to view existing proofing data. After the grace period expires, we may permanently delete proofing data that exceeds your current access level, including stored images, version history, and associated metadata. We will notify you before any such deletion occurs.

10.6 Subscription Changes

If you cancel a paid proofing subscription, your access level will be adjusted at the end of your current billing period. Cancellation does not result in immediate loss of access or deletion of data. During any applicable grace period, your existing clients' proofing pages remain accessible to your clients for viewing and interaction. After the grace period, data exceeding your current access level may be permanently deleted as described in Section 10.5. You may resubscribe at any time to restore full access, subject to data that has already been deleted.

10.7 Prohibited Use of Proofing Service

In addition to the general acceptable use restrictions in Section 8, the following are specifically prohibited in connection with the Client Proofing service:

• Uploading content that is not related to photo book proofing or professional photography deliverables
• Using the proofing service as general-purpose cloud storage, file sharing, or content distribution
• Creating fictitious clients or proofing sessions to inflate usage or circumvent limits
• Sharing or redistributing proofing access in a manner that allows unauthorized third parties to use the service
• Attempting to extract, scrape, or bulk-download content from proofing pages beyond the intended client review workflow
• Uploading content that you do not have the right to share, including images for which you lack a model release or client authorization where required
• Allowing other photographers, studios, or third parties to use your proofing subscription to upload or manage their own client work
• Sharing or embedding proofing links publicly, or using proofing URLs as a means of general-purpose image hosting or content distribution

We reserve the right to suspend or terminate proofing access immediately and without prior notice for any user engaged in abusive or prohibited conduct. In cases of abuse, we are not obligated to provide the sixty (60) day notice described in Section 10.3 or the grace periods described in Sections 10.5 and 10.6.

10.8 Data Processing Terms

When you use the Client Proofing service to upload and share content on behalf of your clients, you act as the data controller and Book Proofs, LLC acts as the data processor with respect to any personal data contained in that content. The following terms apply to our processing of such data:

• Scope and Purpose. We process personal data uploaded through the Client Proofing service solely to provide, maintain, and improve the proofing service as instructed by you. We will not process your clients' personal data for any independent purpose, including marketing, profiling, or sale to third parties.
• Types of Data. Personal data processed may include photographs, client names, email addresses, comments, approval records, and any other information you choose to upload or that your clients provide through the proofing interface.
• Security Measures. We implement industry-standard technical and organizational security measures, including encryption of data in transit (TLS) and at rest (AES-256), access controls, and regular security reviews, to protect personal data against unauthorized access, loss, or alteration.
• Sub-processors. We use third-party infrastructure providers (including Amazon Web Services) to host and store proofing data. A current list of sub-processors is available upon request. We will notify you of any material changes to our sub-processors.
• Data Subject Requests. If you receive a request from a data subject (such as one of your clients) to access, correct, or delete their personal data, we will provide reasonable assistance to help you fulfill that request. You are responsible for responding to data subject requests in accordance with applicable law.
• Breach Notification. In the event we become aware of a security breach affecting personal data processed through the Client Proofing service, we will notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach, and provide sufficient information to assist you in meeting any applicable breach notification obligations.
• Data Deletion. Upon termination of your proofing access or upon your written request, we will delete personal data processed on your behalf within thirty (30) days, except where retention is required by applicable law or where data has already been deleted pursuant to Sections 10.5 or 10.6.
• Your Obligations as Controller. You are responsible for ensuring that you have a lawful basis for uploading personal data to the proofing service, including obtaining any necessary consents or authorizations from your clients. You are responsible for providing any required privacy notices to your clients regarding the use of the proofing service.

11. On-Device Processing

11.1 Subject Detection

The Software includes subject detection technology that analyzes images to identify compositional focal points for intelligent image placement and cropping. This feature uses machine learning models that run entirely on your local device. Subject detection identifies areas of visual interest within your images — such as the general location of people or objects — to compute optimal placement coordinates. It is not a facial recognition system: it does not identify, name, or match individuals, and it does not create or store biometric data.

11.2 Local Processing and Data Handling

All subject detection processing occurs locally on your computer. No images, image data, or detection results are transmitted to our servers or any third party as part of this feature. The only data derived from subject detection is a set of normalized coordinates (focal points) that are stored within your local project files to inform image placement. These coordinates do not contain visual information and cannot be used to reconstruct or identify the contents of your images. The machine learning models used for subject detection are open-source models bundled with the Software and do not require an internet connection to operate.

12. Your Data and Backups

You are responsible for maintaining backups of your projects, images, and other data. We are not responsible for any loss of data, including during license activation, deactivation, software updates, or general use. This applies to both locally stored project data and content uploaded to our online services, including Client Proofing. We recommend regular backups of your work to external storage.

13. Copyright Claims

We respect the intellectual property rights of others. If you believe content available through our services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to:

Book Proofs, LLC
Email: support@bookproofs.com
Subject: DMCA Notice

Your notice must include: a description of the copyrighted work, the location of the infringing material, your contact information, a statement of good faith belief that the use is unauthorized, and a statement under penalty of perjury that your notice is accurate and you are the copyright owner or authorized to act on their behalf.

14. Support

14.1 Free Demo Support

Free demo users have access to community support through our Discord server and documentation resources.

14.2 Priority Support

License holders receive priority email support. We typically respond to support requests within two (2) business days. Support is provided in English.

15. Refund Policy

We offer an unconditional 30-day money-back guarantee. If you are not satisfied with the Software for any reason, contact us within 30 days of purchase for a full refund. Refunds are processed to the original payment method. Upon issuance of a refund, your license will be revoked and you must stop using the Software.

16. Disclaimer of Warranties

THE SOFTWARE AND ALL ONLINE SERVICES, INCLUDING CLIENT PROOFING, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE ANY SPECIFIC LEVEL OF SERVICE AVAILABILITY FOR ONLINE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, OUR WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BOOK PROOFS, LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SOFTWARE OR OUR ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROOFING DATA, CLIENT CONTENT, OR SERVICE INTERRUPTIONS. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Your Responsibility

You agree to defend, indemnify, and hold harmless Book Proofs, LLC from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Software or our online services, your violation of these Terms, or your violation of any rights of another party. This includes claims resulting from content you create, upload, or distribute using the Software or the Client Proofing service, and claims arising from your failure to comply with your obligations as a data controller under Section 10.8.

19. Termination

19.1 Termination by Us

We may take proportional enforcement action — including issuing warnings, throttling access, imposing temporary suspensions, or reducing service features — if your usage raises concerns under these Terms. Such measures do not waive our right to terminate your access for continued or serious violations. We may terminate or suspend your license and access to our services if you breach these Terms. Where the breach is capable of being fixed, we will make reasonable efforts to notify you and give you an opportunity to resolve the issue before termination. In cases of serious or repeated violations — including but not limited to abuse of the Client Proofing service, circumvention of usage limits, creation of multiple accounts, or any conduct described in Sections 8 or 10.7 — we may terminate or suspend access immediately and without prior notice.

19.2 Effect of Termination

Upon termination, your right to use the Software will cease immediately. Your locally saved project files remain on your computer and are yours to keep, but you will no longer be able to open or export them using the Software. If you have content stored on our online services, we will make reasonable efforts to allow you to download it within 30 days of termination, except where termination results from abuse or prohibited conduct, in which case we may delete your data immediately. Sections regarding intellectual property, data processing, disclaimers, limitations of liability, indemnification, and governing law survive termination.

20. Age Requirements

You must be at least 16 years old to use the Software or our services. You must be at least 18 years old to purchase a license. If you are between 16 and 18, you may use the Software only with the involvement of a parent or guardian who agrees to these Terms.

21. Disputes and Governing Law

21.1 Governing Law

These Terms shall be governed by the laws of the State of New York, United States, without regard to conflict of law principles.

21.2 Informal Resolution First

Before filing any formal dispute, you agree to contact us at support@bookproofs.com and attempt to resolve the matter informally. We will make good faith efforts to resolve any issue. You may not initiate arbitration or legal proceedings until at least sixty (60) days after contacting us.

21.3 Binding Arbitration

If we cannot resolve a dispute informally, you and Book Proofs, LLC agree to resolve it through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in English with a single arbitrator. If you are located in the United States, arbitration will take place in Erie County, New York, or may be conducted remotely by mutual agreement. If you are located outside the United States, arbitration will be conducted remotely. Each party will bear its own costs, and the arbitrator's fees will be split equally unless the arbitrator determines otherwise. The arbitrator may award the same relief that a court could, including injunctive relief and attorney fees where permitted by law.

21.4 Exceptions to Arbitration

Either party may bring a claim in small claims court if the dispute qualifies. Either party may also seek temporary or preliminary injunctive relief in court to prevent immediate and irreparable harm, without first going through arbitration.

21.5 International Users

If you access the Software or our services from outside the United States, you are responsible for compliance with the laws of your jurisdiction. We make no representation that the Software is appropriate or available for use in all locations. Nothing in this section limits any rights you may have under mandatory consumer protection laws in your jurisdiction.

21.6 Time Limit for Claims

Any claim related to these Terms or your use of the Software must be filed within one (1) year after the claim arose, or it is permanently waived.

21.7 Individual Claims Only

All disputes must be brought individually. You waive any right to participate in a class action, collective action, or representative proceeding against Book Proofs, LLC. If this waiver is found unenforceable as to any particular claim, this section will not apply to that claim only; the remainder of this dispute resolution section remains in full effect.

22. Events Beyond Our Control

We are not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, internet outages, server failures, government actions, or other force majeure events.

23. Communications

By using the Software or providing your email address, you agree to receive electronic communications from us regarding your license, software updates, security notices, and important announcements. You may also opt in to receive product news and tips. You can unsubscribe from non-essential communications at any time.

24. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes that affect your rights, we will also notify you by email or through the Software. Your continued use of the Software after changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Software.

25. General

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Book Proofs, LLC regarding the Software and our online services. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect. Our failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.

26. Contact Us

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

Book Proofs, LLC
Email: support@bookproofs.com