Terms of service, written to be read

The rules for using Kepla, in language you can actually get through. Your photos stay yours, and nothing charges you without you agreeing to it first.

Who this is between

These terms are between you and Kepla, the service at getkepla.com operated by Kepla. By making an account, joining the waitlist, building a booking page, sending a file transfer, or using any of the free tools, you agree to them. If you are using Kepla for a business, you confirm you are allowed to agree on that business's behalf.

You must be at least 18 to use Kepla.

What we provide, and what we do not promise

Kepla currently provides a booking page you can publish and share with clients, a free file transfer for sending work to clients, and free browser tools for photographers. Kepla for Mac, the photo sorting app, is in private preview; versions for iPhone and iPad are in development. Features described as coming, planned, or on the roadmap are statements of intent, not commitments, and they may change or not ship at all.

Kepla is provided as it is. We work hard to keep it running and correct, but we do not promise it will be available without interruption or free of errors. We may change, pause, or stop any part of the service. If we stop something you rely on, we will give you reasonable notice and a way to get your data out.

Your side of the deal

• Give us accurate details, and keep your login private. What happens under your account is your responsibility.
• Do not upload or send anything unlawful, or anything you do not have the right to use. Section 05 says more about what may not go through the file transfer.
• Do not try to break, overload, scrape, reverse engineer, or get around limits in the service.
• Do not use Kepla to send spam, or to impersonate somebody else.
• Follow the law that applies to you, including the rules about handling your clients' personal information.

If you break these terms we may suspend or close your account. Where it is reasonable to do so, we will warn you first and give you a chance to put it right.

Your photos and your clients stay yours

You own your work. We claim no ownership of your photos, your client list, your galleries, or anything else you put into Kepla. You give us only the permission we need to run the service for you: to store your files, process them so the software can make its suggestions, show them back to you, and show them to the people you choose to share them with.

We do not train on your clients' photos. Your images are not used to improve models for anybody else.

You are responsible for having the right to use what you upload, including any permission you need from the people in the photographs.

Sending files through Kepla

The file transfer at getkepla.com/transfer lets you send up to 10 GB to people you choose, with no account and no card, for a window of up to 3 days. You give us an email address so you get the link and a receipt. If you address the transfer to recipients, each one gets their own link, and you can see when each of them opened it and whether they downloaded. Sending a transfer is agreeing to these terms.

What you may not send. Do not use the transfer for anything unlawful. That includes material that infringes someone else's copyright or other rights, malware or anything designed to harm a device, and any sexual content involving minors, which we report to the authorities. Do not use it to harass anyone, to send unsolicited bulk material, or to get around the limits it sets.

We do not look inside your files, and we act on reports. Your browser packages and uploads the files straight to private storage; nobody at Kepla opens, scans or indexes them. That is a promise to you and it is also why we rely on reports. Every download page carries a Report this transfer link. When we receive a credible report, or become aware of a problem any other way, we may remove a transfer at once, without notice, and refuse further transfers from the sender. We can revoke any transfer at any time for any reason.

The link is the key. Anyone holding a transfer link can download from it until it expires. Send it only to people you mean to have the files. We are not responsible for what a recipient does with a link you gave them.

It is a delivery, not a backup. Files are deleted after the window you chose. Keep your own copy. We are not liable for a transfer that expired, was revoked, or could not be downloaded in time.

You are the sender of record. You confirm you have the right to send what you send and to show it to the people you send it to, including any permission you need from the people in the photographs. You are responsible for it, and you will cover us for claims that arise from it.

Reporting infringement, and what we do about it

We respect the rights of photographers and other creators, and we expect the people who use Kepla to do the same. If you believe something sent through Kepla infringes your copyright, email support@getkepla.com with: a description of the work you say is infringed; the transfer link or code where it appears; your name, address, email and phone number; a statement that you have a good faith belief the use is not authorised by the owner, its agent or the law; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature. We act on complete notices promptly, normally by revoking the transfer, and we tell the sender why.

If your transfer was removed and you believe that was a mistake, you can send a counter-notice to the same address with your contact details, the transfer in question, a statement under penalty of perjury that you have a good faith belief it was removed by mistake or misidentification, and your consent to the jurisdiction of the federal court for your address (or, outside the United States, for our address). We forward counter-notices to the person who complained.

Repeat infringers. We keep a record of notices. A sender who is the subject of repeated valid notices is barred from sending further transfers and, where they have one, has their account closed.

Designated agent details for copyright notices under 17 U.S.C. §512 will be listed here once registered with the U.S. Copyright Office. Until then, notices sent to the address above are handled the same way.

Payments, deposits and free access

Founding members use Kepla free while we build. If we ever introduce a charge, we will tell you the amount in advance and you will have to agree to it. Nothing starts charging you automatically.

Deposits your clients pay through your booking page are handled by Stripe and go to your Stripe account. Card details never reach us. Stripe's own terms and fees apply to those payments, and any dispute or refund between you and your client is between you and your client. We are not a party to it.

If paid plans arrive later, we will publish the terms for cancellation and refunds at that time.

Our brand and our software

Kepla, our name, our logo, the site, the apps and the underlying software belong to us. You may use the service, which does not transfer any of that to you. You may not copy the service or build a competing product from it.

If you send us an idea or a suggestion, we may use it without owing you anything for it. Not because we want your ideas for free, but because we cannot run a product where every feature request creates a claim.

What we are and are not responsible for

To the fullest extent the law allows, Kepla is not liable for lost profits, lost bookings, lost data, or any indirect or consequential loss. Where liability cannot be excluded, our total liability to you is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred US dollars.

Keep your own backups. Kepla is not a backup service, and no software is a substitute for having your photographs in more than one place. There is a guide to doing that properly in our backup workflow article.

The service may link to or connect with other companies, such as Stripe, Google, Instagram, Dropbox, QuickBooks and Adobe. We are not responsible for those services, and their own terms apply when you use them.

Closing your account

You can stop using Kepla at any time and ask us to delete your data. How to do that is set out on the data deletion page. We may close an account that breaks these terms, or if we stop offering the service.

When an account closes, the parts of these terms that should reasonably survive do survive: ownership, limits on liability, and anything about payments already made.

Updates, disputes and the small print

We may update these terms as the product grows. If a change materially affects you, we will let you know by email or in the product before it takes effect. Carrying on using Kepla after that means you accept the new version.

These terms are governed by the laws of the State of Florida, United States, and the courts there have jurisdiction over any dispute. Before starting anything formal, please email us. Almost everything is faster to fix by talking.

If any part of these terms turns out to be unenforceable, the rest still applies. Our not enforcing something once does not mean we have given up the right to enforce it later.

Questions about these terms

Email support@getkepla.com. For how we handle personal information, read the privacy policy. For common questions about the product itself, the FAQ is the quicker read.