Photobook

Terms of Service

Effective date: April 20, 2026

These Terms of Service ("Terms") govern your use of Photobook, a product of Fictive Kin LLC ("Photobook", "we", "us"), including the web application at app.photobookit.com, the embeddable inquiry widget, and the email and SMS messaging programs we operate on behalf of photographers. By creating a Photobook account, submitting an inquiry through a Photobook widget, or receiving messages from Photobook, you agree to these Terms.

1. The service

Photobook lets professional event photographers collect client inquiries through an embeddable widget and respond through threaded email and SMS conversations. Potential clients interact with the widget on a photographer's own website and may receive email and (if they opt in) SMS messages related to their inquiry.

2. Accounts (photographers)

  • You must be at least 18 years old and authorized to enter into these Terms on behalf of the business you represent.
  • You are responsible for keeping your credentials confidential and for all activity under your account.
  • You must provide accurate contact information and keep it up to date.
  • You may close your account at any time by contacting us.

3. Acceptable use

You agree not to:

  • Use Photobook to send unsolicited commercial messages or any content that is unlawful, deceptive, harassing, or infringing.
  • Send messages to recipients who have not consented or who have opted out.
  • Impersonate any person or misrepresent your affiliation with any person or organization.
  • Interfere with, disrupt, or attempt to gain unauthorized access to the service or its infrastructure.
  • Use the service in any way that violates applicable law, carrier rules, CTIA guidelines, TCPA, CAN-SPAM, GDPR, or any other regulation governing electronic communications.

4. Photographer messaging obligations

When you use Photobook to send messages, you are the sender of those messages from a regulatory perspective. You represent that:

  • You have a pre-existing business relationship or an appropriate legal basis for sending messages to each recipient.
  • You will honor opt-outs promptly and will not attempt to circumvent the opt-out mechanisms Photobook provides.
  • The content you send through Photobook, including your custom auto-response and Yes/No reply templates, is accurate and complies with these Terms and applicable law.

5. Messaging program terms

Program description

Photobook operates a transactional messaging program. Messages are triggered by events in the inquiry workflow: a new inquiry being submitted, a reply arriving from a photographer or client, and templated Yes/No confirmations.

Message frequency

Message frequency varies and is tied to inquiry activity. There is no fixed schedule and no bulk marketing messaging.

Charges

Message and data rates may apply. Photobook does not charge recipients for messages; your mobile carrier may.

Opt-in

Photographersopt in to operational SMS notifications by providing a mobile number during signup or in the dashboard Details tab, and checking the "Notify" box next to each number they wish to receive messages at. Clientsopt in on a per-inquiry basis by checking the "I would like to receive text messages to this number" box on the Photobook inquiry widget at the time they submit an inquiry.

Opt-out

You can stop receiving SMS messages from Photobook at any time by replying STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUITto any message. Photographers can additionally unsubscribe a specific number by unchecking "Notify" or removing the number from their Details tab.

Help

Reply HELP to any Photobook SMS message for help, or email systems+photobook@fictivekin.com.

Supported carriers

Photobook supports all major US carriers including AT&T, T-Mobile, Verizon Wireless, Sprint, Boost Mobile, U.S. Cellular, MetroPCS, Cricket, and Virgin Mobile. Carriers are not liable for delayed or undelivered messages.

6. Your content

You retain ownership of the content you submit through Photobook (inquiry text, custom reply templates, profile details, attached files). You grant Photobook a non-exclusive, worldwide, royalty-free license to host, store, transmit, and display that content solely to operate the service on your behalf.

7. Privacy

Our handling of personal information is described in the Privacy Policy, which is incorporated into these Terms by reference.

8. Service availability

We work to keep Photobook available and reliable but do not guarantee uninterrupted service. We may modify, suspend, or discontinue features at any time. Scheduled maintenance and incident notices will be communicated when practical.

9. Termination

You may stop using Photobook at any time. We may suspend or terminate your access if you violate these Terms, create risk or legal exposure for Photobook, or if we discontinue the service. Sections that by their nature should survive termination will do so (including intellectual property, disclaimers, limitation of liability, and indemnity).

10. Disclaimers

Photobook is provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that every message will be delivered.

11. Limitation of liability

To the fullest extent permitted by law, in no event will Photobook or Fictive Kin LLC be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claim arising out of or relating to these Terms or the service will not exceed the greater of the amount you paid us in the 12 months preceding the claim or fifty U.S. dollars ($50).

12. Indemnification

You will defend, indemnify, and hold harmless Photobook and Fictive Kin LLC from any claim, cost, or liability arising out of your content, your use of the service, or your violation of these Terms or applicable law, including TCPA, CAN-SPAM, and carrier rules.

13. Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws principles. Exclusive jurisdiction and venue for any dispute lies in the state and federal courts located in New York County, New York, and each party consents to personal jurisdiction there.

14. Changes

We may update these Terms from time to time. Material changes will be announced in-app or by email to active photographers. Continued use of the service after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Fictive Kin LLC
Attn: Photobook
systems+photobook@fictivekin.com