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Terms of Use

Effective Date: Sept 22 2025


1. General Information

1.1 Unscripted Products

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.

1.2 Device

“Device” means any computer, smartphone, tablet, or other device used to access the Products.

1.3 Basis of License

  1. These Terms and any order or subscription form (“Order”) set out the entire agreement between you and us.
  2. You must check that your Order details are complete and accurate.
  3. By using the Products, you consent to the processing and storage of your personal information in Australia, the UK, and the US, acknowledging these jurisdictions may not provide the same level of data protection as your country of residence.

1.4 Changes to Terms

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.

1.5 Third-Party Services

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.


2. Memberships and Subscriptions

2.1 Becoming a Member

You may register as a member by providing an email and password. You are responsible for maintaining account confidentiality.

2.2 Age of Majority

You must be 18 or older to use the Products.

2.3 Subscriptions

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.

2.4 Trial and Free Access

Trial memberships may be offered. Access during a trial is provided “as is” without warranties.

2.5 Renewal and Cancellation

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.


3. Cancellation of Services

3.1 Cancellation by You

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing cycle.

3.2 Cancellation by Us

We may suspend or terminate access immediately for fraud, abuse, or breach of these Terms.


4. Prohibited Use

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.


5. Intellectual Property

5.1 Our IP

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.

5.2 Trademarks

Unscripted marks and logos are our trademarks. Other marks are property of their respective owners.


6. Availability of Products

6.1 Availability and Service Levels

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.”

6.2 No Set-Off for Downtime

Your payment obligations continue during downtime. Outages do not entitle you to refunds except as required under the ACL.


7. User Material and Featured Photographer Submissions

7.1 User Material

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.

7.2 Featured Photographer Submissions

If you submit photos for featuring:

  1. Ownership remains with you.
  2. You grant Unscripted a worldwide, royalty-free, transferable, sublicensable licence to use, reproduce, adapt, crop, distribute, display, and market the photos in connection with the Products and our business, including marketing and promotion across media.
  3. No fees are payable unless agreed separately.
  4. Attribution will be given where commercially reasonable, but omission does not breach these Terms.
  5. To the maximum extent permitted by the Copyright Act 1968 (Cth), you consent to edits, modifications, or omissions of attribution that might otherwise infringe moral rights.
  6. You warrant you have all necessary releases (including parental consent for minors).
  7. You indemnify us for any claims arising from your submissions.
  8. You may request removal, and we will use reasonable efforts for future use, but past uses, printed materials, or third-party shares may persist.
  9. We may refuse, edit, or remove submissions at our discretion.
  10. Editorial Adjustments. We may edit, adapt, or adjust any titles, captions, descriptions, prompts, directions, or metadata submitted with your photos, including correcting spelling, grammar, formatting, or making the text more specific or clear, provided we do not materially alter the creative meaning of the photo itself.
  11. Featuring does not create any employment or endorsement relationship.

7.3 User Responsibility for Backups

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.

7.4 Client Interactions

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.


8. Links

Links to third-party websites are provided for convenience only. We are not responsible for their content or services.


9. Disclaimer

Information in the Products is provided for general purposes only. We make no warranties as to completeness, accuracy, or suitability.


10. End User Licence

You are granted a limited, non-exclusive, revocable licence to use the Products for personal, non-commercial purposes only.


11. Copyright and DMCA

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.


12. General Terms

12.1 Assignment

We may assign our rights without notice. You may not assign your rights without our consent.

12.2 Indemnity

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.

12.3 Warranties and Limitations

The Products are provided “as is.” To the maximum extent permitted by law, we disclaim warranties except those required under the ACL.

12.4 Force Majeure

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.).

12.5 Limitation of Liability

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.

12.6 No Waiver of Recourse

Nothing in these Terms waives our right of recovery against third parties responsible for service failures.

12.7 Governing Law

These Terms are governed by the laws of New South Wales, Australia.

12.8 Severability

If any provision is unenforceable, the rest remain in effect.


13. Contact

For questions about these Terms, contact us at [email protected].