Effective Date: Sept 22 2025
These Terms and Conditions (“Terms”) govern your use of the unscriptedphotographers.com, Unscripted Photography Posing App, Unscripted Photography Poses App, and related websites, services, and applications (collectively, the “Products”). The Products are owned and operated by Unscripted Photographers Pty Ltd (ABN 13 673 104 106) (“Unscripted,” “we,” “us,” or “our”).
By downloading, accessing, or using the Products, you agree to be bound by these Terms and all applicable laws. If you do not agree, you must not use the Products.
“Device” means any computer, smartphone, tablet, or other device used to access the Products.
We may update these Terms at any time. Updates take effect when posted on our website. Continued use of the Products after updates constitutes your agreement to the revised Terms.
The Products rely on third-party providers including Amazon Web Services, Cloudflare, Heroku, Firebase/Google Cloud, Stripe, Apple App Store, and Google Play. We are not responsible for the performance or availability of these services. To the maximum extent permitted by law, we are not liable for disruptions, outages, data loss, or harm caused by third-party service failures.
You may register as a member by providing an email and password. You are responsible for maintaining account confidentiality.
You must be 18 or older to use the Products.
Subscriptions are available as monthly, quarterly, annual, or lifetime (100 years or until the Products are no longer commercially offered). Purchases may be made via app stores, Stripe, or authorised partners. Prices are inclusive of taxes and subject to change with notice.
Trial memberships may be offered. Access during a trial is provided “as is” without warranties.
Subscriptions renew automatically unless cancelled before the next billing cycle. If purchased through Apple or Google, cancellation must be managed through your app store account. Refunds are generally not available except where required under the ACL.
2.5(k) No Refunds for Subscriptions or Outages
All subscription fees are payable in advance and non-refundable, including where:
We are not obliged to provide refunds, credits, or partial credits in these circumstances, except where required by the Australian Consumer Law (ACL).
We may, at our discretion, issue service credits or goodwill refunds; however, this does not create an ongoing obligation to do so.
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle.
We may suspend or terminate access immediately for fraud, abuse, or breach of these Terms.
You agree not to misuse the Products, introduce malware, interfere with servers, impersonate others, or use the Products for illegal purposes. Breach may result in termination and referral to authorities.
All software, code, and materials in the Products are owned by Unscripted or our licensors. You receive a limited, non-exclusive licence to use the Products for personal, non-commercial purposes.
Unscripted marks and logos are our trademarks. Other marks are property of their respective owners.
We aim for reliable service but do not warrant uninterrupted access. The Products may be unavailable due to maintenance, upgrades, or third-party outages. To the maximum extent permitted by law, the Products are provided “as is” and “as available.”
Your payment obligations continue during downtime. Outages do not entitle you to refunds except as required under the ACL.
You may upload photos, text, and other content (“User Material”). You represent and warrant you own or have rights to the User Material, including necessary releases and consents. You grant us a worldwide, royalty-free, non-exclusive licence to use, reproduce, and display User Material in connection with the Products.
If you submit photos for featuring:
You are solely responsible for maintaining independent backups of your photos, client records, and other data. We are not liable for lost or corrupted data.
You are solely responsible for dealings with your clients. We are not a party to such arrangements and have no liability for disputes or failures.
Links to third-party websites are provided for convenience only. We are not responsible for their content or services.
Information in the Products is provided for general purposes only. We make no warranties as to completeness, accuracy, or suitability.
You are granted a limited, non-exclusive, revocable licence to use the Products for personal, non-commercial purposes only.
We respect IP rights. If you believe content infringes your copyright, notify us at [email protected]. For US users, DMCA notices apply. For Australian users, copyright complaints may also be made under Australian law.
We may assign our rights without notice. You may not assign your rights without our consent.
You indemnify Unscripted and its affiliates against claims, costs, and damages arising from your use of the Products, including client disputes, your content, or reliance on third-party services.
The Products are provided “as is.” To the maximum extent permitted by law, we disclaim warranties except those required under the ACL.
We are not liable for failure caused by events beyond our control, including natural disasters, internet or hosting failures, government action, or outages of third-party providers (AWS, Cloudflare, Stripe, Heroku, etc.).
To the maximum extent permitted by law, we are not liable for loss of profits, goodwill, data (including photos and client records), business interruption, or indirect losses. Our aggregate liability is limited to the subscription fees paid by you in the 12 months preceding the claim, except where the ACL requires otherwise.
Nothing in these Terms waives our right of recovery against third parties responsible for service failures.
These Terms are governed by the laws of New South Wales, Australia.
If any provision is unenforceable, the rest remain in effect.
For questions about these Terms, contact us at [email protected].