Effective October 28, 2026 · Includes the Founding Membership Addendum (Exhibit A) and the Copyright and DMCA Policy (Exhibit B).
These Master Subscription Terms of Service (“Terms”) are a binding agreement between The Wedding CMO, LLC, a Michigan limited liability company (“Company,” “we,” “us,” or “our”), and the person or entity purchasing, accessing, testing, or using The Wedding CMO platform or the related services (“Customer,” “you,” or “your”).
These Terms apply to Regular Memberships, Founding Memberships, Beta Access, Free or Promotional Access and any other paid subscription plan that expressly incorporates these Terms. By creating an account and affirmatively accepting these Terms through Company’s electronic acceptance process, Customer agrees to these Terms, the plan-specific subscription disclosures presented at checkout, the Privacy Policy, the Copyright and DMCA Policy. Certain access plans may also be subject to an addendum, promotional offer, beta agreement, order form, or other supplemental terms. If supplemental terms conflict with these Terms regarding a matter specifically addressed in the supplemental terms, the supplemental terms control with respect to that matter.
IMPORTANT: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, CLASS-ACTION WAIVER, AND JURY-TRIAL WAIVER IN SECTION 31. CUSTOMER SHOULD REVIEW THAT SECTION CAREFULLY.
If an individual accepts these Terms for a company, sole proprietorship, partnership, limited liability company, corporation, or other organization, that individual represents and warrants that he or she has authority to bind that organization.
The Service is offered to wedding-industry professionals and other businesses for commercial and professional use. Customer represents that Customer is obtaining and using the Service primarily for business or commercial purposes and not primarily for personal, family, or household purposes. Customer must be at least eighteen (18) years old and legally capable of entering into a binding agreement.
The Service is currently offered only to Customers located in the United States and is intended for marketing activities conducted primarily within the United States. Company may restrict account creation, payment methods, access, or features to support this U.S.-only scope.
The “Service” means Company’s online wedding-industry marketing platform and associated websites, software, applications, tools, templates, artificial-intelligence-assisted features, content-management functions, social-media functions, advertising tools as they become available, and related services made available by Company. Through the Service, Customer may:
Company may modify or improve the Service over time. Company will not intentionally eliminate the material core functionality of an active paid subscription without reasonable notice, but individual features, integrations, APIs, templates, beta features, and third-party-dependent functions may change or be discontinued.
Customer is responsible for accurate account information, maintaining the confidentiality and security of credentials, and all activity conducted through Customer’s account by Customer’s employees, contractors, representatives, and authorized users. Customer shall promptly notify Company of suspected unauthorized access.
Customer may not sell, sublicense, rent, share with an unrelated business, or transfer its subscription except with Company’s written permission. Company may aggregate accounts owned, operated, or controlled by the same business where reasonably necessary to prevent circumvention of subscription limitations.
A person may run several businesses on the Service, each with its own Regular or Founding Membership.
A Regular Membership is offered at an initial subscription price of $199.00 per month or $2,189.00 per year (one month free), plus applicable taxes. A Regular Membership includes up to fifty (50) Wedding Projects during each Subscription Year. Membership is billed monthly or annually, as Customer selects at enrollment, and may be cancelled at any time as provided in these Terms.
Company will offer no more than fifty (50) qualifying Founding Memberships. A Founding Membership is offered at $99.00 per month or $1,188.00 per year, plus applicable taxes. The monthly and yearly subscription rates are guaranteed for twenty-four (24) months beginning on the Founding Member’s Go-Live Date, provided the Founding Membership remains continuously active and in good standing. A Founding Membership includes fifty (50) Wedding Projects per Subscription Year. The Founding Membership is governed additionally by Exhibit A.
The twenty-four-month Founding price guarantee is a guarantee of price, not a three-year subscription commitment. A Founding Member may cancel at any time.
Company offers a free account that includes the brand-guide interview and brand guide and one (1) Wedding Project, with no payment method required and no time limit (“Free Account”). A Free Account does not expire, but Company may stop offering Free Accounts to new signups at any time. Company may also from time to time offer other temporary or limited access to some or all portions of the Service without charge (“Promotional Access”), which may be offered in connection with trade shows, conferences, demonstrations, marketing events, referral programs, promotional campaigns, educational programs, or other activities selected by Company. Unless the context requires otherwise, references in these Terms to free access include both Free Accounts and Promotional Access, and Sections 4.4, 5.5, and 13.3 apply to Free Accounts as they apply to Promotional Access.
The particular terms of a Promotional Access offer, including:
(a) the duration of access;
(b) available features;
(c) the number of Wedding Projects or other usage limitations;
(d) storage or export limitations;
(e) eligibility requirements; and
(f) the expiration date,
may be identified in the applicable offer, registration page, promotional code, Free and Promotional Access Addendum, or other communication presented when Customer enrolls.
Unless Company expressly states otherwise, Promotional Access:
(i) is personal to the participating business and may not be sold or transferred;
(ii) has no cash value;
(iii) may not be combined with another free-access offer;
(iv) may be limited to one offer per Customer, business, or event;
(v) may be modified, suspended, or discontinued by Company; and
(vi) ends only as stated in the applicable offer.
Unless Customer separately and affirmatively enrolls in a paid subscription, Promotional Access will not automatically convert into a paid subscription, and the end of Promotional Access will not itself authorize Company to charge Customer.
Company may invite a Promotional Access Customer to purchase a Regular Membership or other paid plan.
Enrollment in a paid plan requires Customer's separate affirmative acceptance of the applicable price, recurring-billing terms, automatic-renewal terms, and other required subscription disclosures.
The mere creation of an account, use of Promotional Access, provision of payment information for another purpose, or acceptance of these Terms does not constitute authorization for recurring subscription charges.
Company may provide selected businesses or individuals access to prerelease, experimental, developmental, or beta versions of some or all of the Service (“Beta Access”).
Beta Access may be free of charge and may contain incomplete functionality, errors, interruptions, experimental features, or other limitations.
A Customer participating in a formal beta-testing program may be required to accept a separate Beta Participation and Promotional License Agreement.
That agreement may provide Company with additional rights concerning:
(a) feedback;
(b) testing information;
(c) marketing results;
(d) Marketing Products;
(e) testimonials;
(f) Customer Content; and
(g) other materials generated through participation in the beta program.
No such additional promotional rights arise merely because a Customer receives ordinary Promotional Access unless Customer separately agrees to grant those rights.
If the Beta Participation and Promotional License Agreement conflicts with these Terms regarding beta-specific testing, feedback, or promotional-use rights, the Beta Participation and Promotional License Agreement controls.
Beta participation does not automatically enroll Customer in a paid subscription.
A “Wedding Project” means a distinct project, workspace, collection, campaign, or substantially similar body of Customer Content associated with one wedding and its reasonably related wedding events. Activities for the same couple and wedding, including customary rehearsal events, ceremony, reception, and related marketing materials, ordinarily constitute one Wedding Project. A Wedding Project also includes a distinct project, workspace, collection, campaign, or substantially similar body of Customer Content associated with one styled shoot, one portrait session, or one other event (including a corporate, public, or private event), and each styled shoot, portrait session, or event you add to the Service constitutes one Wedding Project, whether or not it relates to a wedding that is counted separately.
A “Subscription Year” means each successive twelve-month usage period beginning (a) for a Regular Member, on the date the first paid Regular Membership begins, and (b) for a Founding Member, on the Go-Live Date. Monthly billing does not create a new annual Wedding Project allowance each month.
Cancellation and later re-subscription do not automatically reset the Wedding Project counter. If Customer reactivates the Service before the end of the then-current Subscription Year, Wedding Projects previously used during that Subscription Year remain counted toward the fifty (50) included Wedding Projects. Company may also treat successor, duplicate, commonly controlled, or substantially identical accounts as a continuation of the same Subscription Year where reasonably necessary to prevent circumvention of plan limits. A person may run several businesses on the Service; a separate business with its own Regular or Founding Membership has its own Subscription Year. Company reserves the right to apply reasonable limits on abnormal or automated use of the platform.
An “Additional Wedding Project” means the fifty-first (51st) and each subsequent Wedding Project created during the same Subscription Year. Unused included Wedding Projects do not carry forward into the next Subscription Year. Deleting or archiving a Wedding Project after use does not restore it to Customer’s annual allowance, subject to Company correcting obvious duplicate projects or technical errors.
Wedding Projects created through Promotional Access or Beta Access are subject to the limits specified in the applicable promotional or beta offer. Unless Company expressly agrees otherwise:
(a) unused free Wedding Projects have no cash or credit value;
(b) free Wedding Projects do not carry forward after the applicable Promotional Access ends;
(c) free Wedding Projects do not increase the annual Wedding Project allowance applicable to a later paid subscription; and
(d) Company may prevent a Customer from repeatedly establishing accounts or using promotional offers for the purpose of circumventing paid-plan limits.
If Customer subsequently purchases a paid subscription, Company may permit existing Wedding Projects to remain in Customer's account, but the applicable paid-plan usage limits will thereafter govern.
Additional Wedding Projects may be purchased at published pricing at time of purchase. Customer will not be charged an Additional Wedding Project fee merely because Customer approaches or reaches the fifty-Wedding Project limit. Before an additional charge is incurred, the Service will clearly disclose that the annual included allowance has been exhausted and that creation of the additional Wedding Project will result in an additional charge.
By authorizing an Additional Wedding Project, Customer authorizes Company or its payment processor to charge the disclosed amount to Customer’s payment method. The Additional Wedding Project fee is not itself recurring.
Regular and Founding Memberships automatically renew for successive monthly or annual billing periods, as selected at enrollment, until cancelled. Before enrollment, Company will clearly and conspicuously disclose the price, billing frequency, automatic-renewal terms, material plan limits, Additional Wedding Project charge, any promotional or guaranteed pricing period, cancellation method, and any other material subscription term.
Customer must affirmatively consent to recurring billing. By providing that consent, Customer authorizes Company and its payment processor to charge the applicable monthly or annual subscription fee and applicable taxes to Customer’s designated payment method until cancellation. Company will provide a retainable electronic confirmation of enrollment containing the material subscription terms and cancellation instructions.
The automatic-renewal and recurring-billing provisions of this Section apply only after Customer affirmatively enrolls in a paid subscription. Beta Access and Promotional Access are not automatically renewing paid subscriptions unless Customer separately enters into an offer that expressly provides otherwise and separately affirmatively consents to the applicable recurring charges.
The first $199.00 (or $2,189.00 for annual) Regular Membership charge is due when Customer activates the Regular Membership, except that a Customer who enrolls in a Regular Membership more than forty-eight (48) hours before commercial launch on December 11, 2026 is first charged on December 11, 2026. Unless cancelled, subsequent subscription charges will occur approximately monthly or annually thereafter, according to the billing period Customer selected.
Company may change the Regular Membership price prospectively. Company will provide advance notice of a price increase and obtain additional affirmative consent if required by applicable law. No price increase applies retroactively to a billing period already paid.
Founding Membership pre-launch and post-launch billing is governed by the Founding Membership Addendum attached as Exhibit A.
Customer may cancel its subscription at any time. A Customer who subscribed electronically will be permitted to cancel electronically through Customer’s account or another easy-to-use electronic method designated by Company. Company will not require a Customer who subscribed online to telephone Company, communicate with a retention representative, participate in a sales presentation, or complete unnecessary steps as a condition of cancellation.
Cancellation stops future recurring subscription charges. Unless applicable law requires otherwise, cancellation does not result in a prorated refund of a subscription month or year that has already begun, and Customer may continue to access the Service through the end of the paid subscription period. Company or its payment processor will provide electronic confirmation of cancellation.
Notwithstanding the foregoing, if Customer cancels an annual Regular Membership or annual Founding Membership within fourteen (14) days after the initial annual subscription charge for that membership is made, Company will refund that initial annual subscription charge in full, including applicable taxes collected on it, to the original payment method, and Customer’s access to the paid features of the Service will end upon cancellation. This refund applies only to the first annual charge for a membership and does not apply to any annual renewal charge, Additional Wedding Project charges or other separately purchased items, or monthly billing periods. Company may decline a refund under this paragraph where it reasonably determines the refund request is part of a pattern of repeated enroll-and-cancel activity or the account was terminated for violation of these Terms.
Customer shall maintain a valid payment method. Company may use a third-party payment processor and need not receive or retain Customer’s complete payment-card information. Customer authorizes Company to transmit information reasonably necessary to process authorized charges.
If a recurring payment fails, Company may notify Customer and provide a reasonable opportunity to update payment information. Company may suspend the Service for material nonpayment.
Stated fees do not include applicable sales, use, excise, or similar taxes unless expressly stated. Customer is responsible for taxes legally chargeable in connection with Customer’s purchase of the Service, excluding taxes based on Company’s net income.
“Customer Content” means photographs, videos, graphics, logos, trademarks, text, advertising information, business information, names, likenesses, prompts, instructions, data, and other material submitted to the Service by or for Customer. As between Company and Customer, Customer retains all ownership rights Customer possesses in Customer Content. Uploading Customer Content does not transfer ownership of that Customer Content to Company.
Customer grants Company a nonexclusive, worldwide, royalty-free, fully paid license, with the right to sublicense through multiple tiers to Company’s service providers and subprocessors, to Collaborating Customers as described in Section 13.4, and to third-party platforms to which Customer directs publication, to host, store, transfer, reproduce, transmit, resize, crop, format, convert, compress, analyze, process, modify for the purpose of formatting for display, create derivative works as authorized in these Terms (including marketing content generated through the Service), combine, publicly display, communicate to the public, distribute, and otherwise use Customer Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely to: (a) provide functions requested by Customer; (b) generate Customer-requested marketing content; (c) transmit, schedule, export, or publish material at Customer’s direction, including to Customer’s connected third-party accounts; (d) make Shared Photos available to Collaborating Customers as described in Section 13.4; (e) operate, maintain, secure, troubleshoot, support, and improve the Service; and (f) comply with law, respond to infringement and other legal complaints, or enforce the Agreement. This license continues for as long as Customer Content remains on the Service and thereafter is perpetual and irrevocable as to (i) content published or scheduled at Customer’s direction before removal, (ii) Shared Photos to the extent provided in Section 13.5, and (iii) copies retained in backups, legal-hold, and compliance records. The rights granted in this Section 13.1 are granted on a through-to-the-audience basis, meaning that operators of third-party platforms to which Customer directs publication, and viewers of content published at Customer’s direction, will not have any separate liability to Customer or any other person for that content. Customer agrees to pay all monies owing to any person or entity resulting from Customer’s posting of Customer Content and from Company’s exercise of the license in this Section 13.1. Company may retain processed copies of Customer Content as described in Section 33.
This license does not authorize Company, merely by reason of Customer’s subscription, to use Customer’s wedding photographs in Company’s own public portfolio, advertising, promotional campaigns, social-media posts, or unrelated marketing. Separate permission must be obtained for such use, including through the optional Company Marketing Opt-In described in Section 13.1A.
Customer may, but is not required to, permit Company to feature Customer’s work in Company’s own marketing by opting in at signup by checking a separate, optional checkbox that is unchecked by default, or at any time by turning on the Company Marketing Opt-In setting in Customer’s account settings (“Company Marketing Opt-In”). Opting in is not a condition of creating an account, purchasing a subscription, or using the Service, and declining or later opting out will not affect Customer’s price, plan, or access, except that a Customer that enters into a Beta Participation and Promotional License Agreement is opted in as provided in that agreement.
While the Company Marketing Opt-In is on, Customer grants Company a nonexclusive, worldwide, royalty-free license to reproduce, display, distribute, publish, and transmit Customer Content that Customer owns or is authorized to license for this purpose, Output generated for Customer, and Customer’s business name and logo, in Company’s website, social-media accounts, advertising, sales and trade-show materials, and similar materials promoting the Service, with credit to Customer and to the applicable photographer. A Collaborating Customer’s opt-in does not extend to Shared Photos it received from a Photographer Member; Company will feature a Shared Photo in its own marketing only if the Photographer Member that shared it has also opted in. Company will not feature any photograph in which there is an identifiable minor without the parent or guardian consent described in Section 15.1(f), and will not name or identify any person depicted other than Customer and consenting wedding professionals. Company’s own marketing use under this Section is not covered by the DMCA safe harbors, and Customer’s representations, warranties, and indemnification obligations under Sections 15 and 29 apply to it.
Customer may turn the Company Marketing Opt-In off at any time in account settings. Opting out takes effect prospectively: Company will not begin any new use of Customer’s work after opting out and will remove Customer’s work from Company-controlled websites and social-media accounts within a reasonable time, but is not required to recall printed materials or materials already distributed, or to delete archived posts that cannot reasonably be edited. Company may keep a record of each opt-in and opt-out, including its date and time and the version of the language presented.
Company will not intentionally authorize Customer Content to be used to train a generalized artificial-intelligence model for unrelated customers or third parties unless Customer separately and affirmatively opts in to that use.
Customer retains the ownership rights Customer possesses in Customer Content submitted during free, promotional, or beta access. Except where Customer separately enters into a Beta Participation and Promotional License Agreement, promotional-content release, or similar agreement, Company's rights in Customer Content submitted during free or Promotional Access are limited to the rights reasonably necessary to provide, operate, secure, and support the Service as provided elsewhere in these Terms.
Receipt of free or Promotional Access does not by itself grant Company the right to use Customer's photographs, logos, Marketing Products, or other Customer Content in Company's own advertising or promotional materials.
Company may request such permission separately. Nothing in this paragraph limits Company's right to use:
(a) anonymized or aggregated information that does not reasonably identify Customer or an individual;
(b) feedback voluntarily provided to Company, subject to the Feedback provisions of these Terms; or
(c) content for which Customer has separately granted Company promotional-use rights.
A “Photographer Member” is a Customer that identifies itself through the Service as the photographer or copyright owner of a photograph, or as authorized in writing to grant the rights in this Section 13.4 on the copyright owner’s behalf. A “Shared Photo” is a photograph that a Photographer Member selects for sharing through the Service’s photo library. A “Collaborating Customer” is any other Customer, such as a florist, venue, planner, or other wedding professional, that is given access to a Shared Photo through the Service, whether or not it worked the wedding or event depicted. Access to Shared Photos is limited as follows: (a) a Shared Photo that depicts no identifiable person may be made available to any Customer; (b) a Shared Photo that depicts only the couple or other client may be made available only to Customers that worked the wedding or event depicted, unless the applicable Marketing Use Consent expressly permits use by wedding professionals who did not work the wedding or event; and (c) a photograph that depicts a group, guests, a crowd, or any identifiable minor, including a minor in the background, may not be selected as a Shared Photo, regardless of any parent or guardian consent.
By selecting a photograph for sharing, the Photographer Member grants Company a nonexclusive, worldwide, royalty-free, fully paid license, irrevocable except as provided in Section 13.5, with the right to sublicense to Collaborating Customers as provided in this Section, to host, store, reproduce, process as described in Section 13.6, resize, crop, and format for supported platforms, combine with marketing text and other content generated through the Service, place text or brand graphics over a copy as described in Section 16, display, and make the Shared Photo available to Collaborating Customers through the Service, and to permit each Collaborating Customer to reproduce, display, distribute, publish, and transmit the Shared Photo, together with marketing content generated through the Service, solely in that Collaborating Customer’s digital marketing of its own wedding-related business, including its website, blog, email, and organic social-media posts (“Collaborator Marketing Use”). Collaborator Marketing Use does not include print use or any Paid Placement. A Photographer Member may elect through the Service not to permit text or graphic overlays on its Shared Photos. Each Collaborating Customer receives only a limited, nonexclusive, nontransferable sublicense to make Collaborator Marketing Use, which terminates automatically if the Collaborating Customer breaches this Section 13.4. Company may make Shared Photos available in phases and may, for a period, limit access to Customers that worked the wedding or event depicted. Any such limitation is a feature of the Service, not a limit on the license, and Company may expand access to the full extent permitted by this Section 13.4 at any time without further consent from the Photographer Member. A Photographer Member may control future availability of a Shared Photo by withdrawing it under Section 13.5.
Every Collaborator Marketing Use must credit the Photographer Member using the Photographer Credit attached to the Shared Photo, and the Service is designed to include that credit in each piece of content it generates. The Photographer Member acknowledges that it receives no monetary compensation for sharing, that the attribution and exposure provided through the Service are the sole consideration for the license in this Section 13.4, and that such consideration is adequate, and to the extent permitted by law waives any claim against the Company Entities for compensation and any right of attribution beyond the Photographer Credit. Except for cropping, resizing, formatting, and overlays performed by the Service for a supported platform, a Collaborating Customer may not crop out a credit or watermark, retouch, filter, composite, or otherwise modify a Shared Photo; may not remove or alter copyright-management information embedded in a Shared Photo; may not sublicense, sell, or transfer a Shared Photo; may not use a Shared Photo other than with content generated through the Service or for any business other than its own; and may not register or claim copyright in a Shared Photo. A Collaborating Customer that did not work the wedding or event depicted may not state or imply that it provided services at that wedding or event or that the couple or any person depicted endorses it, and must use any “inspiration” or similar label the Service applies to that content. Company does not monitor and is not responsible for any Collaborating Customer’s use of a Shared Photo outside the Service, its failure to maintain the Photographer Credit, or its breach of this Section. The Photographer Member’s remedies for such conduct are against the Collaborating Customer, although Company may suspend or terminate a Collaborating Customer’s access for breach.
A Photographer Member may stop sharing a Shared Photo at any time through the Service. Withdrawal takes effect prospectively: once effective, the Shared Photo will no longer be available to Collaborating Customers for new content, and scheduled but unpublished content using it will be cancelled or held. Content a Collaborating Customer published before withdrawal may remain in place unless the withdrawal is made because of a third-party rights claim, a privacy or likeness request, or a court order, or Company otherwise directs removal, in which case each notified Collaborating Customer shall remove the affected content from websites, accounts, and channels it controls within five (5) business days after notice. The license in Section 13.4 survives termination of the Photographer Member’s account as to content published before termination.
When a Customer adds a photograph, the Service processes it within the Customer’s web browser before anything is uploaded. The Service opens the original file, converts HEIC, PNG, WebP, and other supported formats to JPEG, rotates the image upright where needed, converts color to the standard sRGB color space using a color-profile conversion, and creates three new JPEG copies: a library and download copy of up to 2,560 pixels on its longest side, a copy of up to 1,568 pixels used by the AI features, and a 400-pixel thumbnail. Because each copy is newly compressed, the copies are smaller and may be slightly lower in fidelity than the original file. The original file is not uploaded to or stored by Company, and Customer should retain its own original files. Each copy retains the photograph’s authorship and rights information, including the photographer’s name, title, and business contact details, copyright notice, credit line, source, and rights fields. All other embedded metadata is removed, including GPS and other location fields, camera serial numbers, the camera owner’s name, captions, keywords, dates, and camera settings. Customer authorizes these conversions and the removal of that other metadata. Crops shown in the Service, such as square previews for social media, are display-only and do not change the stored copies.
The AI-reading copy is transmitted to Company’s AI service provider, currently Anthropic, PBC, which analyzes the image to describe its contents, which may include general descriptions of people depicted, and to write marketing text. The AI service provider returns only text, never images. The AI features are instructed never to name or identify any person depicted. The Service is designed not to generate content about a wedding or event until the photographer has been identified.
A person who appears in a photograph on the Service, or the parent or guardian of a depicted minor, who objects to the use of the photograph may contact Company at support@theweddingcmo.com with a description of the photograph and where it appears. These complaints are not governed by the DMCA. Company may review such complaints and, in its sole discretion, may remove or disable the photograph, notify affected Customers, and require removal under Section 15.4. Company has no obligation to act on any such complaint.
Customer acknowledges that photographs ordinarily may be protected by copyright regardless of whether Customer participated in the wedding depicted, provided services at the wedding, paid the photographer, received the photograph from the photographer or wedding couple, or possesses a copy of the photograph.
For each photograph uploaded to the Service, Customer must provide accurate photographer or copyright-owner attribution information as required by the Service. The Service is designed to require a Photographer Credit before a photograph is uploaded, including when Customer is the photographer, and to check it again before the photograph is copied, downloaded, scheduled, or published through the Service. Customer remains solely responsible for the accuracy and presence of the Photographer Credit.
PHOTOGRAPHER CREDIT DOES NOT CREATE A COPYRIGHT LICENSE AND DOES NOT SUBSTITUTE FOR PERMISSION FROM THE COPYRIGHT OWNER.
If a third-party social-media, advertising, or communications platform modifies, truncates, reformats, or removes a Photographer Credit that Company transmitted as instructed, Company is not responsible for the third party’s modification. Customer remains responsible for reviewing final marketing content and platform presentation whenever the Service provides Customer a reasonable opportunity to do so.
Each time Customer uploads or directs Company to use Customer Content, Customer represents and warrants that:
Company may require reasonable evidence of Customer’s right to use particular Customer Content. Company may remove or disable content, suspend publication, or restrict use where Customer fails to provide satisfactory evidence of authorization or Company reasonably determines that continued use presents a material legal risk.
Customer will not post Customer Content unless Customer owns, or is fully authorized to grant rights in, all elements of that Customer Content. Customer is solely responsible for Customer Content and the consequences of providing it through the Service, and Company disclaims all liability in connection with Customer Content. Company is under no obligation to monitor, edit, or control Customer Content, but may at any time and without prior notice screen, remove, edit, block, or disable access to any Customer Content that in Company’s judgment violates these Terms, is alleged to violate the rights of a third party, or is otherwise objectionable, without liability to Customer or any other person. Customer acknowledges that it may be exposed to Customer Content from other Customers, including Shared Photos, that may be inaccurate or objectionable, and to the fullest extent permitted by law waives any legal or equitable right or remedy it may have against Company with respect to Customer Content of others.
Each time a Photographer Member uploads a photograph or selects a photograph as a Shared Photo, the Photographer Member further represents and warrants that: (a) it is the photographer and sole owner of the copyright in the photograph, or owns the rights necessary to grant the licenses in Sections 13.1 and 13.4, or is expressly authorized in writing by the copyright owner to grant those licenses; (b) no agreement with the couple, a second shooter, an associate photographer, a studio, an agency, or any other person restricts the sharing, credit, or marketing use contemplated by these Terms, or the Photographer Member has identified that restriction through the Service; (c) the Photographer Credit it supplies is accurate; (d) for any photograph depicting the couple or other client, its client agreement, model release, or other written consent signed by each person depicted permits use of the photograph in the marketing of the Photographer Member and of the other wedding professionals permitted to use it under Section 13.4 (“Marketing Use Consent”); (e) it has obtained any consent or release legally required for the commercial use of the name, image, or likeness of each identifiable person depicted, including guests and other third parties; (f) where an identifiable minor is depicted in a photograph it uploads, it has obtained any written consent from the minor’s parent or legal guardian legally required for the contemplated use, and it has not selected as a Shared Photo any photograph depicting an identifiable minor; and (g) before sharing, it reviewed the Service’s automated classification of the photograph as depicting no people, only the couple, or a group, corrected any error, and confirmed that a photograph classified as depicting no people shows no identifiable person, including any person in the background, in a reflection, or partially in frame.
The Service is designed to require the uploading Customer to confirm, before a photograph is shared or used to generate marketing content, that the couple or other client has consented to marketing use of the photograph. For any Shared Photo, and for any use of a photograph by a Customer other than the uploading Customer, that consent must be the written Marketing Use Consent described in Section 15.1(d). A Customer that uses a photograph only in the marketing of its own business, and does not share it, may rely on consent from the couple or other client that is not in writing, but only where applicable law does not require written consent for the contemplated use, and Customer must be able to describe or document, upon Company’s request, how and when that consent was given. Customer’s obligation to obtain the consent required by this Section applies whether or not the Service presents the confirmation, and nothing in this Section reduces the release required for a Paid Placement under Section 15.3. Customer acknowledges that the Service creates commercial marketing for wedding professionals, not editorial commentary or news reporting, and that use of a photograph in a business’s advertising or promotional content may require consent that would not be required for an editorial blog feature. Customer shall not rely on an editorial, newsworthiness, or similar exception in place of the consent required by this Section. Upon Company’s request, Customer shall provide a copy of the applicable written consent or release, or a description of any consent not in writing, within five (5) business days.
A “Paid Placement” means any use of a photograph, or of content containing a photograph, in an advertisement for which any person pays for distribution, including a boosted, promoted, sponsored, or paid social-media post, a paid search or display advertisement, a paid directory or listing feature, or print advertising. No photograph depicting an identifiable person may be used in a Paid Placement unless: the Customer placing the advertisement confirms that a signed, express written release has been obtained from each identifiable person depicted (or, for a minor, from a parent or legal guardian) that specifically authorizes paid advertising use by the wedding professionals who worked the event; and the Customer holding the release retains it for at least the duration of the Paid Placement plus three (3) years and provides it to Company upon request. These requirements also apply when a Customer boosts or pays to promote, directly on a third-party platform, content created through the Service.
Customer shall not use the Service to name, tag, label, or otherwise identify any person depicted in a photograph, other than the couple or client and wedding professionals who have consented to being identified, and shall not add such identification to Service-generated content. Company does not use photographs for facial recognition or to create biometric identifiers or templates. Customer shall not select as a Shared Photo any photograph depicting an identifiable minor, whether or not a parent or guardian has consented; shall not use in a Paid Placement any photograph in which an identifiable minor is a featured subject unless the parent or guardian release required by Section 15.3 has been obtained; and shall never identify a minor by name in any content. Customer shall not feature as a subject of marketing content any guest or other third party who has not consented to marketing use. If a person depicted, or a parent or guardian of a depicted minor, asks that a photograph not be used, Company may remove or disable the photograph and notify affected Customers, and each notified Customer shall remove content containing that photograph from websites, accounts, and channels it controls within five (5) business days after notice.
The Service may use artificial intelligence, machine learning, automated templates, or similar technologies to assist Customer in creating text, graphics, layouts, advertisements, captions, or other material (“Output”). Customer acknowledges that Output may contain errors, require editing, resemble material generated for others, incorporate Customer instructions or Customer Content, produce unexpected material, require legal or platform-specific review, and may not qualify for copyright protection.
Customer is responsible for reviewing and approving Output before publication or commercial use. Company does not warrant that Output is unique, copyrightable, noninfringing, accurate, or suitable for a particular advertising claim.
To the extent Company owns transferable intellectual-property rights specifically in Output generated exclusively for Customer, Company assigns those rights to Customer upon payment of applicable fees, excluding Company software, systems, workflows, templates, fonts, stock materials, technology, and preexisting or third-party materials.
Notwithstanding the foregoing, the Service does not use artificial intelligence or any other tool to generate, edit, retouch, enhance, or alter the visual content of a photograph, and it does not create AI-generated images. The Service may place text or brand graphics over a copy of a photograph to create a graphic, such as a pin or story, without changing the stored photograph, and no such overlay will cover or remove the Photographer Credit. Technical processing of photographs, including format conversion, resizing, compression, orientation, color-space conversion, and metadata removal, is described in Section 13.6.
Customer, not Company, is the advertiser and publisher of Customer’s marketing materials. Customer is responsible for ensuring that final advertising and marketing content is truthful, not deceptive or unfair, adequately substantiated where factual claims are made, accurately describes Customer’s services and offers, appropriately discloses material connections and endorsements, and complies with applicable advertising, email-marketing, intellectual-property, privacy, publicity, and other laws.
Customer is also responsible for complying with applicable social-media, advertising, email, and other third-party platform rules. Company provides technology and marketing tools and does not provide Customer with legal advice, copyright-clearance services, or an advertising-law opinion.
Customer may authorize the Service to interact with third-party social-media, advertising, email, communications, or other accounts. Customer authorizes Company to access and use those accounts only to the extent reasonably necessary to perform Customer-requested functions. Company may use supported authorization protocols, such as OAuth, instead of collecting Customer’s third-party account password where available.
Company is not responsible for a third-party platform outage, API change, policy change, rejected advertisement, account suspension, account termination, content modification, attribution removal, or other action outside Company’s reasonable control.
Customer shall not, and shall not permit any employee, contractor, authorized user, or other person to:
These restrictions apply except and solely to the extent a restriction is impermissible under applicable law. If Customer is prohibited under applicable law from using the Service, Customer may not use it. Company may investigate violations of this Section 19 and may suspend or terminate access, remove content, and cooperate with law enforcement as appropriate.
Company respects intellectual-property rights and intends to qualify for the safe harbors of the Digital Millennium Copyright Act, 17 U.S.C. § 512. Upon receipt of a notification that substantially complies with Exhibit B, Company will act expeditiously to remove or disable access to the identified material. Company may also remove or disable access to material when Company reasonably believes it infringes another person’s rights. Company has adopted and reasonably implements a policy providing for termination, in appropriate circumstances, of Customers and users who are repeat infringers. Copyright complaints are handled under Exhibit B.
Except for Customer Content and Customer’s rights in Output expressly described in these Terms, Company and its licensors retain all rights in the Service, including its software, systems, interfaces, visual interfaces, graphics, design, compilation, workflows, databases, templates, documentation, trademarks, branding, computer code, and underlying technology (collectively, “Materials”), which are protected by intellectual-property and other laws. Customer receives a limited, nonexclusive, nontransferable, non-sublicensable, revocable right to access and use the Service during an active subscription, subject to Customer’s complete and ongoing compliance with the Agreement. Except as expressly authorized by Company, Customer may not use the Materials. There are no implied licenses under these Terms, and Company reserves all rights not expressly granted.
Customer may voluntarily provide suggestions or feedback. Customer grants Company the unrestricted right to use such feedback without compensation, provided Company does not publicly identify Customer as the source without permission.
Company’s collection and use of information associated with Customer’s account is described in the Privacy Policy.
Company will use commercially reasonable measures to protect nonpublic Customer Content from unauthorized disclosure. Company may disclose Customer Content to personnel and service providers who reasonably require access to provide, secure, support the Service, or assure quality control and who are subject to appropriate confidentiality obligations. These obligations do not apply to information that is public through no breach by Company, independently developed without use of Customer confidential information, properly received without restriction, or required to be disclosed by law.
Company will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of information processed and the size and nature of the Service. No Internet-based service can guarantee absolute security, and Company does not warrant that unauthorized third parties will never defeat security measures. Customer is responsible for reasonable account security, including strong credentials.
Company may restrict or suspend access where reasonably necessary to address an actual or suspected security threat, prevent unlawful activity, respond to an infringement complaint, protect Company or another person from material harm, address material nonpayment, or enforce the Agreement. Where circumstances permit, Company will provide notice and a reasonable opportunity to cure.
Company does not guarantee uninterrupted or error-free operation. Maintenance, Internet failures, third-party outages, software errors, security incidents, API changes, and circumstances beyond Company’s reasonable control may affect availability. Preview, beta, experimental, or similar functionality may be changed or discontinued at any time.
Company will not be liable for delay or failure caused by events beyond its reasonable control, including natural disasters, acts of government, labor disputes, Internet or telecommunications failures, widespread cloud-service outages, cyberattacks despite reasonable safeguards, war, terrorism, civil disorder, or similar events, except that this provision does not excuse Customer’s obligation to pay amounts already due for Service actually provided.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, OUTPUT, SHARED PHOTOS, AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY OUTPUT, MATERIALS, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
COMPANY DOES NOT GUARANTEE ANY PARTICULAR SALES, BOOKINGS, LEADS, SOCIAL-MEDIA FOLLOWERS, ENGAGEMENT, ADVERTISING PERFORMANCE, REVENUE, SEARCH RANKING, OR OTHER MARKETING OR BUSINESS RESULT. COMPANY DOES NOT WARRANT THAT CUSTOMER CONTENT HAS BEEN LEGALLY CLEARED FOR CUSTOMER’S INTENDED USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM THE SERVICE, THE COMPANY ENTITIES, OR ANY OUTPUT, MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE OR FROM CUSTOMER’S DEALINGS WITH ANY OTHER CUSTOMER, PHOTOGRAPHER MEMBER, COLLABORATING CUSTOMER, THIRD-PARTY PLATFORM, OR AI OR OTHER SERVICE PROVIDER. CUSTOMER USES ANY PORTION OF THE SERVICE AT ITS OWN DISCRETION AND RISK, AND COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING CUSTOMER CONTENT AND ORIGINAL PHOTO FILES OR METADATA.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 28 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
To the fullest extent permitted by law, Customer is responsible for its use of the Service and shall defend, indemnify, and hold harmless Company, its affiliates, and their respective shareholders, officers, directors, members, managers, employees, consultants, agents, contractors, successors, and assigns (together, the “Company Entities”) from and against every claim, demand, action, or proceeding brought by a third party, and any related damages, judgments, settlements, penalties, fines, losses, liabilities, costs, and expenses, including attorneys’ fees and costs, arising out of or connected with:
Company shall provide reasonable notice of a covered claim, although a delay in notice relieves Customer of its obligations only to the extent the delay materially prejudices Customer’s defense. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, without limiting Customer’s indemnification obligations, and in that case Customer shall cooperate with Company’s defense. If Company does not assume the defense, Company may participate through counsel of its choice at its own expense, and Customer shall provide reasonable cooperation. Customer may not settle a claim in a manner that admits wrongdoing by any Company Entity, imposes a nonmonetary obligation on any Company Entity, or fails to fully release the Company Entities without Company’s written consent. Customer’s indemnification obligation does not apply to the extent a claim results solely from Company’s unauthorized use of Customer Content outside the rights granted by Customer under the Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATING TO THE AGREEMENT OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE AGREEMENT OR SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS CUSTOMER PAID COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.
These limitations apply regardless of legal theory. Customer’s payment obligations, indemnification obligations, intentional misuse of the Service, and infringement or misappropriation of Company intellectual-property rights are not subject to the limitation applicable to Company’s liability. Nothing in the Agreement excludes liability that applicable law prohibits the parties from excluding.
Each provision of the Agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages allocates risk between the parties, is an essential element of the basis of the bargain, and is severable and independent of all other provisions. These limitations apply to all Company Entities and apply even if a limited remedy fails of its essential purpose.
EXCEPT FOR DISPUTES EXPRESSLY EXCLUDED BELOW, CUSTOMER AND COMPANY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE AGREEMENT, SERVICE, SUBSCRIPTION, BILLING, CUSTOMER CONTENT, COMPANY’S ADVERTISING OR REPRESENTATIONS REGARDING THE SERVICE, OR THE RELATIONSHIP BETWEEN CUSTOMER AND COMPANY SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND NOT IN COURT.
The parties acknowledge that the subscription and Service involve interstate commerce. The Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”), governs the interpretation and enforcement of this arbitration agreement. To the extent Michigan arbitration law applies consistently with the FAA, the Michigan Uniform Arbitration Act, MCL 691.1681 et seq., also applies.
CUSTOMER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO DISPUTE MAY BE ARBITRATED ON A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE BASIS; NO ARBITRATOR MAY COMBINE THE CLAIMS OF MORE THAN ONE CUSTOMER WITHOUT THE WRITTEN AGREEMENT OF ALL PARTIES; AND THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY’S INDIVIDUAL CLAIM.
Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect. If AAA determines that its Consumer Arbitration Rules or Consumer Due Process Protocol are legally required for a particular Customer or dispute, those rules and standards will apply to the extent required. If AAA is unavailable or unwilling to administer the arbitration, the parties will attempt to select another nationally recognized arbitration administrator; if they cannot agree, a court of competent jurisdiction in Kent County, Michigan may appoint an administrator or arbitrator as permitted by law.
THE VENUE FOR ANY ARBITRATION, AND THE COUNTY SPECIFIED BY THE PARTIES FOR ANY IN-PERSON ARBITRATION HEARING, IS KENT COUNTY, MICHIGAN.
The arbitrator may permit some or all appearances, conferences, or hearings to occur by videoconference, telephone, or document submission without changing the venue or designated place for a hearing. If applicable nonwaivable law requires a different physical hearing location for a particular claimant, the arbitrator may order that physical accommodation while preserving Kent County, Michigan as the venue to the maximum extent permitted by law.
Before filing arbitration, the complaining party must provide written notice identifying the party and account, describing the nature and material facts of the dispute, and stating the relief requested. The parties shall attempt in good faith to resolve the dispute for thirty (30) days after receipt of the notice. This requirement does not prevent temporary relief necessary to prevent imminent irreparable harm.
Arbitration filing and administrative fees will be allocated under the applicable AAA rules. Each party bears its own attorneys’ fees unless an agreement or applicable law authorizes a fee award.
A court, rather than the arbitrator, will decide a dispute specifically concerning whether Customer ever entered into this arbitration agreement. Other questions concerning interpretation, scope, applicability, or enforceability will be determined in accordance with the FAA, Michigan law to the extent applicable, and the governing arbitration rules, subject to controlling law.
Customer may opt out of this arbitration agreement by sending written notice to the Company within thirty (30) days after Customer first accepts these Terms. The notice must identify Customer and clearly state that Customer opts out of Section 31. Opting out will not affect Customer’s ability to use the Service or Customer’s subscription price. A timely opt-out makes Section 32 applicable to disputes otherwise subject to arbitration.
TO THE EXTENT A DISPUTE IS PROPERLY RESOLVED IN COURT RATHER THAN ARBITRATION, CUSTOMER AND COMPANY EACH KNOWINGLY AND VOLUNTARILY WAIVE TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If a portion of this Section 31 is unenforceable, it will be severed or limited to the minimum extent necessary while preserving the remainder. If the prohibition against class or representative arbitration is finally determined unenforceable as to a particular claim and that determination would permit class or representative arbitration, the agreement to arbitrate does not apply to that class or representative proceeding, which must instead proceed in a court of competent jurisdiction.
Except to the extent governed by the FAA or another controlling federal law, the Agreement and the relationship between Customer and Company are governed by the laws of the State of Michigan, without regard to Michigan conflict-of-law principles. The parties select Michigan law because Company maintains its principal business operations in Michigan and administers the Service from Michigan.
Nothing in the Agreement deprives a Customer of the protection of a statute or other legal right that applicable law makes nonwaivable.
For any judicial proceeding permitted by Section 31, or involving a Customer that timely opted out of arbitration, Customer irrevocably consents to personal jurisdiction and exclusive venue in the state courts located in Kent County, Michigan, or the United States District Court having territorial jurisdiction over Kent County, Michigan, subject to any venue right that applicable law makes nonwaivable.
The Agreement begins when Customer first accepts these Terms and continues while Customer maintains an account or subscription, except provisions that by their nature survive termination. Customer may terminate by cancelling the subscription. Company may suspend or terminate an account for material breach, unlawful activity, repeated infringement, fraudulent conduct, abuse of the Service, material nonpayment, or circumstances creating a material legal or security risk.
When a paid membership ends, Customer’s access ends at the conclusion of the paid subscription period unless earlier termination is permitted under the Agreement, and Customer will not have access to paid features until it re-subscribes. Unless Customer deletes its account or content, Company will keep Customer’s account and Customer Content so Customer may resume where it left off if it re-subscribes, subject to the Privacy Policy and Company’s right to remove content under these Terms. After deletion, Company may retain copies for a limited period for backup rotation, legal compliance, dispute resolution, fraud prevention, or enforcement of rights, consistent with the Privacy Policy.
A Free Account does not expire, but Company may stop offering Free Accounts to new signups at any time. Promotional Access ends as stated in the applicable offer unless Company extends it. Beta Access may be terminated as provided in the applicable Beta Participation and Promotional License Agreement or at Company's discretion.
Company may modify these Terms prospectively. Company will provide reasonable advance notice of a material change when required by applicable law. No modification will retroactively alter a billing period already paid, and no modification will eliminate an active Founding Member’s $99.00 monthly or $1,188.00 annual price guarantee during the applicable twenty-four-month Price Guarantee Period. If applicable law requires affirmative consent to a material subscription change, Company will obtain that consent before applying the change.
A material amendment to Section 31 will not retroactively alter arbitration rights applicable to a dispute of which Company had actual notice before the amendment became effective.
Customer agrees to transact electronically with Company. Company may provide agreements, subscription confirmations, invoices, renewal notices, price-change notices, cancellation confirmations, security notices, and other transaction-related communications electronically. Customer must be provided the ability to retain or print electronic agreements and notices where required. Customer is responsible for maintaining an accurate email address.
Consent to the Agreement or recurring billing does not constitute consent to receive promotional communications where separate consent is legally required. Customer may unsubscribe from promotional email without cancelling the Service. Company may continue sending transactional, security, billing, and other service-related communications.
Customer may not assign the Agreement or transfer a Founding Membership without Company’s written consent. Company may assign the Agreement in connection with a merger, financing, reorganization, sale of substantially all assets, or transfer of the Service. The parties are independent contractors, and the Agreement does not create a partnership, franchise, joint venture, fiduciary, employment, or agency relationship.
Notices to Company under the Agreement must be sent to P.O. Box 957, Ada, Michigan 49301. Company may send notices to the email address associated with Customer’s account or through a conspicuous in-product notice where legally permitted.
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed if necessary, and the remainder will remain effective. Failure to enforce a provision is not a waiver of the right to enforce it later.
The Terms, the plan-specific subscription disclosure or Order, Exhibit A if applicable, Exhibit B, and the Privacy Policy constitute the parties’ agreement concerning the Service. In the event of conflict: (a) a Beta Participation and Promotional License Agreement controls concerning beta testing, feedback, beta results, and promotional-use rights (except as set forth in Section 13.1A of these Terms); (b) the Free and Promotional Access Addendum or applicable promotional offer controls concerning the duration and usage limits of a Free Account or Promotional Access; (c) The Founding Membership Addendum controls with respect to Founding Membership pricing and pre-launch matters; (d) the applicable plan-specific disclosure or Order controls as to expressly stated plan pricing and usage; and (e) these Terms otherwise control.
EXHIBIT A
FOUNDING MEMBERSHIP ADDENDUM
This Founding Membership Addendum (“Founding Addendum”) supplements the Master Subscription Terms of Service and applies only to a Customer that successfully obtains one of Company’s limited Founding Memberships. Capitalized terms not defined here have the meanings given in the Terms.
Founding Membership is a limited promotional program. No more than fifty (50) qualifying Founding Memberships will be offered. The Founding Membership offer ends upon the earlier of (a) completion of fifty qualifying enrollments or (b) 11:59 p.m. Eastern Time on December 31, 2026.
A “qualifying enrollment” occurs when Customer completes registration, affirmatively accepts the Agreement and recurring-billing disclosures, and provides a valid payment method for recurring billing. Founding Memberships will be allocated substantially in chronological order of qualifying enrollment. If a Founding Member cancels before launch, Company may make the released position available to another subscriber.
The Founding Membership price is $99.00 per month or $1,188.00 per year, plus applicable taxes. The plan includes up to fifty (50) Wedding Projects per Subscription Year. Additional Wedding Projects may be purchased at published pricing at time of purchase.
Commercial launch is December 11, 2026 (the “Launch Date”). The “Go-Live Date” is the Launch Date for a Customer who enrolls before it, and the enrollment date for a Customer who enrolls after it. The enrollment confirmation states the Go-Live Date.
Customer will be charged $99.00 per month or $1,188.00 per year (at Customer’s option) plus applicable taxes on the Go-Live Date. A Customer who enrolls less than forty-eight (48) hours before the Launch Date, or after it, is charged at enrollment. Before the Go-Live Date, a Founding Member may create its brand guide and one (1) Wedding Project; full use begins on the Go-Live Date. Wedding Projects created before the Go-Live Date do not count toward the first Subscription Year. If Customer cancels before the Go-Live Date, there will be no charge and Customer’s spot will be released.
If Company has not made the paid commercial Service available to Customer by February 1, 2027, Customer may either (a) continue reserving the Founding Membership, or (b) cancel any time before launch. Company may discontinue the pre-launch Founding Membership program at its discretion.
Customer may cancel before the Go-Live Date. Customer relinquishes the reserved Founding Membership position when cancellation becomes effective.
Customer’s first subscription month, or first subscription year on the annual plan, will be charged on the Go-Live Date, or at enrollment as provided in Section A.4. Unless Customer cancels, Company will charge $99.00 plus applicable taxes for the second subscription month approximately one month after the Go-Live Date and monthly thereafter, or, on the annual plan, $1,188.00 plus applicable taxes approximately one year after the Go-Live Date and yearly thereafter.
Provided the Founding Membership remains continuously active and in good standing, Customer’s monthly subscription price will remain $99.00 (or $1,188.00 per year) plus applicable taxes for twenty-four (24) months beginning on the Go-Live Date (“Price Guarantee Period”). The Price Guarantee does not require Customer to remain subscribed for twenty-four months.
After the Price Guarantee Period expires, Company may transition the Founding Member to Company’s then-current subscription price. Company will provide advance notice and obtain additional affirmative consent if required by applicable law before the new price takes effect.
Customer may cancel at any time. Cancellation stops future recurring subscription charges but does not ordinarily create a prorated refund for a paid subscription month or year already underway, except that an annual plan cancelled within fourteen (14) days after the initial annual charge is refunded in full as provided in Section 10 of the Terms. Annual renewal charges are not eligible for that refund. Customer otherwise retains access through the end of that paid month or year.
A Founding Member that voluntarily or inadvertently cancels its Founding Membership and re-subscribes within thirty (30) days keeps the Founding rate and its original Price Guarantee Period, subject to a Founding Membership position being available if Customer’s position was released. Company holds a Founding Member’s position for fifteen (15) days after a failed payment. In all other circumstances, a Founding Member that cancels its Founding Membership loses Founding status and is not entitled to reinstatement of the Founding Membership rate if Customer later resubscribes.
Founding Membership guarantees only the pricing and Service access expressly described in the Agreement. It does not guarantee leads, bookings, revenue, social-media engagement, followers, advertising results, or any other business outcome.
EXHIBIT B
COPYRIGHT AND DMCA POLICY
The Wedding CMO, LLC (the “Company”) respects copyright and expects all users of The Wedding CMO platform to do the same. This policy is incorporated into the Master Subscription Terms of Service.
Customer must possess sufficient rights before uploading or using a photograph or other copyrighted material through the Service. Payment for photography services, possession of a photograph, appearance in the photograph, participation in the wedding, or receipt of the photograph from another vendor does not by itself establish copyright ownership or permission for commercial marketing use. Photographer attribution does not substitute for permission.
Company may warn, restrict, suspend, or terminate a Customer or user that repeatedly infringes copyright. Company has adopted and reasonably implements a policy providing for termination, in appropriate circumstances, of account holders who are repeat infringers. Under that policy, Company records each facially valid notification that is not successfully countered, and an account that is the subject of three (3) such notifications within any twelve (12) month period, or that Company determines has engaged in knowing or egregious infringement, will ordinarily be terminated. Company does not interfere with, and will accommodate, standard technical measures used by copyright owners to identify or protect copyrighted works, to the extent required by 17 U.S.C. § 512(i).
Notices of claimed copyright infringement should be sent to:
DMCA Designated Agent
Kelly Stroburg, Founder and CEO
The Wedding CMO, LLC
P.O. Box 957
Ada, Michigan 49301
copyright@theweddingcmo.com
616-334-4065
Company will maintain a current DMCA agent designation with the U.S. Copyright Office, renew that designation at least every three (3) years and promptly upon any change, and publish substantially the same designated-agent information in a publicly accessible location on the Service.
A copyright owner or authorized representative who believes material available through the Service infringes copyright should provide a written notice containing substantially the information required by 17 U.S.C. § 512(c)(3), including:
Upon receipt of a notification that substantially complies with this Section B.4, Company will act expeditiously to remove or disable access to the identified material and will take reasonable steps promptly to notify the Customer that uploaded the material and provide that Customer with a copy or the substance of the notification. If a notification does not substantially comply but substantially satisfies items 2, 3, and 4 above, Company will promptly attempt to contact the complaining party or take other reasonable steps to obtain a compliant notification. Company may share notifications with affected Customers and with operators of publicly available databases that track notices of claimed infringement.
If removed or disabled material is a Shared Photo, Company will also disable the Shared Photo for all Collaborating Customers and notify each Collaborating Customer whose content within the Service used it. Company cannot remove content that a Customer has published to a third-party website or platform. Each notified Customer shall remove or disable the identified material from any website, account, or channel it controls within five (5) business days after notice and shall cooperate with Company’s reasonable requests. Customer acknowledges that the DMCA safe harbors protect service providers for material stored at the direction of users and do not protect a Customer’s own publication of infringing material.
A Customer who believes material was removed or disabled because of mistake or misidentification may submit a counter-notification containing the information required by 17 U.S.C. § 512(g)(3), including identification of the removed material and its prior location, a statement under penalty of perjury of good-faith belief in mistake or misidentification, Customer’s name, address, telephone number, consent to jurisdiction as required by the statute, and Customer’s physical or electronic signature.
Upon receipt of a counter-notification that substantially complies with this Section B.5, Company will promptly provide the complaining party with a copy and inform it that Company will replace the removed material or cease disabling access to it in ten (10) business days. Company will replace the removed material, or cease disabling access to it, not less than ten (10) and not more than fourteen (14) business days after receipt of the counter-notification, unless Company’s Designated Agent first receives notice from the complaining party that it has filed an action seeking a court order to restrain the Customer from engaging in infringing activity relating to the material on the Service.
The DMCA process does not limit Company’s contractual right to remove or restrict material that violates the Agreement, infringes other rights, or presents a material legal, security, or operational risk.
A person who knowingly materially misrepresents that material is infringing or that removed material was removed by mistake may be responsible for damages under 17 U.S.C. § 512(f). Company may preserve relevant records and cooperate with lawful process concerning misuse of the DMCA process.
PRIVACY POLICY
The Privacy Policy is published separately at theweddingcmo.com/privacy.
FREE AND PROMOTIONAL ACCESS ADDENDUM
The Free and Promotional Access Addendum, which applies to free accounts, is published separately at theweddingcmo.com/free-access-addendum.