Terms and Conditions

Last Updated: 2023-07-01

This agreement ("Agreement") is entered into between you ("Client") and PhotoPanda LLC ("Company"). Please read these Terms and Conditions carefully before using our services. By using our services, you agree to be bound by these terms. If you do not agree to these terms, please do not use our services.

1. Shipping and Delivery Times: The Client understands and accepts that any shipment and delivery dates provided by the Company, whether for the return of original Materials or the delivery of scanned or other completed services, are estimates only. While the Company will make reasonable efforts to adhere to these timelines, the Client acknowledges that delays can occur due to factors beyond the Company's control, including but not limited to shipping carrier delays, weather conditions, or operational difficulties. Therefore, the Company cannot guarantee specific delivery or completion dates.
2. Limitation of Liability: To the maximum extent permitted by law, the Company will not be liable for any indirect, special, incidental, or consequential damages, including damages for loss of profits, arising out of or related to this Agreement or the use of the Company's services, even if the Company has been advised of the possibility of such damages.
3. Cloud Vault Backup: The Client acknowledges and agrees that all photographs, films, negatives, or other digital or analog content ("Content") uploaded to their Cloud Vault Backup account is controlled by the Client. The Client retains the right to delete, modify, and otherwise manage any Content within their Cloud Vault Backup using the tools provided by the Company.
4. Content Preservation: The Company commits to making a best effort attempt to preserve and protect the integrity of the Client's Content stored in the Cloud Vault Backup for the lifespan of the Company. The Client acknowledges, however, that factors outside of the Company's control may affect the longevity and accessibility of the Content.
5. Data Sovereignty and Ownership of Scans: Notwithstanding any other provision of this Agreement, the Client retains all rights, title, and interest in and to the Content and the resulting digital scans created by the Company's services ("Scans"). The Company will not access, use, or disclose the Content or Scans except as necessary to maintain, improve, or otherwise provide the services, or as necessary to comply with the law or a valid and binding order of a governmental or regulatory body.
6. Privacy Policy: The Company values the privacy of its Clients and has implemented a Privacy Policy to protect the information provided by Clients. This policy outlines how the Company collects, uses, maintains, and discloses information gathered from Clients. It can be accessed via a link provided on the Company's website, or directly at https://photopanda.org/privacy-policy/. By using the Company's services, the Client consents to the data practices described in the Privacy Policy. The Company reserves the right to change its Privacy Policy at any time, and it is the Client's responsibility to regularly check the Privacy Policy for updates.
7. Damage or Loss of Materials: The Client acknowledges and agrees that the risk of damage or loss to any and all photographs or other materials ("Materials") sent to the Company for scanning or any other services remains with the Client. The Company is not responsible for any Materials that are lost, damaged, or otherwise compromised during transit or scanning process. The Client is strongly encouraged to keep backup copies of all Materials and to use reliable and insured shipping methods when sending any Materials to the Company.
8. Order Cancellation: The Company reserves the right to cancel any order that does not meet our scanning requirements. The Client will be notified if such an issue arises. In the event of such a cancellation, a full refund will be issued to the Client's original payment method, and the Client's photos will be returned free of charge. The Company is not responsible for any delays in the refund process which are beyond its control, such as delays due to banking institutions.
9. Right to Refuse Service: The Company reserves the right to refuse service to anyone for any reason at any time. If the Company refuses service after payment has been received, the Company will provide a full refund to the Client's original payment method and return the photos free of charge.
10. Quality Assurance: The Company prides itself on providing high-quality scanning services. However, the final quality of the scans largely depends on the quality of the original Materials provided. The Company is not responsible for lower scan quality due to poor condition or quality of the original Materials. By using the Company's services, the Client acknowledges they have reviewed the Company's Photo Requirements and complied with all rules therein.
11. Money-Back Guarantee: The Company offers a money-back guarantee. If the Client is not satisfied with the quality of the service provided, the Client may request a refund within a specified period after receiving the completed order, subject to the terms of the Company's refund policy. The Company reserves the right to determine eligibility for refunds at its sole discretion.
12. Price Changes: The Company reserves the right, at any time and without prior notice, to modify the pricing of its services. Any such changes will not affect orders for which payment has already been received.
13. Indemnification: The Client agrees to indemnify and hold the Company harmless from any claims, liabilities, damages, or costs (including attorney's fees) arising from the Client's use of the Company's services or breach of this Agreement.
14. Governing Law and Dispute Resolution: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the state and federal courts located in California.
15. Termination by Company: The Company may terminate this Agreement with the Client under the following circumstances: (a) if the Client breaches any provision of this Agreement; (b) if the Company is unable to provide the services due to circumstances beyond its control (e.g., technical failures, legal restrictions); (c) if the Client engages in abusive, harassing, or unlawful behavior towards Company staff or other clients; or (d) for any other legitimate business reason, at the Company's sole discretion. Upon termination by the Company under this clause, the Company will provide a full refund for the unfulfilled service.
16. Disclaimer of Warranties: THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. THE CLIENT ACKNOWLEDGES THAT THE OPERATION OF THE SERVICES MAY BE SUBJECT TO INTERRUPTIONS AND DELAYS BEYOND THE COMPANY'S CONTROL.

These Terms and Conditions may be modified from time to time at the Company's sole discretion. The Client's continued use of the Company's services after any such modifications constitutes acceptance of the modified Terms and Conditions.

By agreeing to these terms, you, the Client, affirm that you have read, understood, and agreed to be bound by this Agreement.