Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the BanaKin Photos website at banakinphotos.com and the client portal at /dashboard. Booking a paid session is governed separately by our Booking Terms.

1. Acceptance and eligibility

By creating an account or using this site you agree to these Terms and our Privacy Policy. You must be at least 18 years old to book a session. If you do not agree, do not use the site.

2. Your account

• Keep your password confidential and notify us immediately of any unauthorized use.
• You are responsible for activity that occurs under your account.
• You may close your account at any time by emailing us.

3. Acceptable use

You agree not to:

• Use the site for any unlawful, fraudulent, or abusive purpose.
• Attempt to gain unauthorized access to other users' accounts, photos, or messages.
• Probe, scan, or otherwise test the vulnerability of our systems.
• Interfere with the operation of the site, including by sending spam or malware.
• Scrape, harvest, or otherwise extract data in bulk.
• Reverse-engineer or attempt to derive source code from the site.
• Impersonate any person or misrepresent your affiliation.

4. Intellectual property

All content on this site — including the layout, text, graphics, logos, and (unless we say otherwise) photographs — is owned by BanaKin Photos or licensed to us, and is protected by U.S. and international copyright laws.

Photographs we deliver to you are subject to the license described in our Booking Terms. We retain copyright in all images we create.

5. Content you submit

Anything you submit through the site (messages, comments, uploaded references) you grant us a non-exclusive, worldwide, royalty-free license to use solely for the purpose of providing the services you request. You represent that you have the rights to submit it. We may remove content that violates these Terms.

6. Third-party services

The site relies on third-party services including Supabase (hosting / database), Stripe (payments), Resend (email), and Google reCAPTCHA (anti-spam). Their use is governed by their own terms and privacy policies; we encourage you to review them.

7. Disclaimers

The site is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the site will be uninterrupted, error-free, or secure.

8. Limitation of liability

To the fullest extent permitted by law, BanaKin Photos and its owners, employees, and contractors will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the site or services. Our total aggregate liability arising from your use of the site will not exceed the greater of the amount you paid to us in the twelve (12) months before the claim, or one hundred U.S. dollars (USD $100).

9. Indemnification

You agree to indemnify and hold BanaKin Photos harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or your misuse of the site.

10. Termination

We may suspend or terminate your access to the site at any time, with or without notice, if you violate these Terms or use the site in a way that could expose us or other users to harm.

11. Governing law and venue

These Terms are governed by the laws of the State of Maryland, without regard to its conflicts of law principles. Any dispute arising from these Terms or the site will be brought exclusively in the state or federal courts located in Prince George's County, Maryland, and you consent to personal jurisdiction there.

12. Changes

We may modify these Terms at any time. We'll post the updated version with a new “Effective” date and, for material changes, notify you by email if you have an account. Continued use after a change means you accept the new Terms.

13. Contact

Questions about these Terms? Email admin@banakinstudios.com.