Effective Date: February 15, 2026
Version 3.2These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PhotosByBugs, a division of the ByBugs family ("PhotosByBugs," "we," "us," or "our"), governing your access to and use of the PhotosByBugs platform located at https://www.photosbybugs.com, including all associated services, features, content, and applications (collectively, the "Platform").
BY CREATING AN ACCOUNT, SIGNING IN VIA GOOGLE OAUTH, CLICKING "I AGREE," OR OTHERWISE ACCESSING OR USING THE PLATFORM IN ANY MANNER, YOU:
Your continued use of the Platform following any modifications to these Terms constitutes your acceptance of such modifications. If you do not agree to these Terms or any future modifications, you must immediately cease all use of the Platform and delete your account.
For purposes of these Terms, the following definitions shall apply:
You must be at least eighteen (18) years of age to create an account on the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts under applicable law. If you are creating an account on behalf of a business or organization, you represent that you have the authority to bind such entity to these Terms.
Accounts are created exclusively through Google OAuth authentication. By signing in, you authorize us to access your Google account information (name, email, profile photo) and Google Drive (limited to a dedicated "PhotosByBugs" folder). You are solely responsible for maintaining the security and confidentiality of your account credentials.
The act of creating an account or signing in to the Platform constitutes your execution of all consents, releases, waivers, and authorizations contained in these Terms, including but not limited to the Universal Model Release (Section 4), Parental/Guardian Consent for Minors (Section 5), and the Waiver of Compensation (Section 6). No additional signature, form, or action is required. Your electronic consent is legally binding and enforceable to the fullest extent permitted by law.
Each individual may maintain only one (1) account. Creating multiple accounts to circumvent these Terms, evade suspension, or for any other purpose is strictly prohibited and grounds for immediate, permanent termination of all associated accounts.
[!] CRITICAL - READ THIS SECTION IN ITS ENTIRETY. THIS IS A LEGALLY BINDING MODEL RELEASE.
By creating an account, signing in, or using the Platform in any capacity, you irrevocably, unconditionally, and perpetually grant to PhotosByBugs, its successors, assigns, licensees, Creators, Buyers, and all authorized users of the Platform, the following rights:
This Model Release is:
You acknowledge and agree that:
You hereby forever release, discharge, and hold harmless PhotosByBugs, its owners, officers, employees, agents, contractors, Creators, Buyers, and all authorized users of the Platform from any and all claims, demands, actions, causes of action, suits, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
By agreeing to these Terms, you represent and warrant that:
[!] THIS SECTION CONTAINS BINDING CONSENT PROVISIONS FOR MINORS AND CHILDREN. PARENTS AND LEGAL GUARDIANS MUST READ THIS SECTION CAREFULLY.
By creating an account, signing in, or using the Platform, if you are a parent, legal guardian, or individual with legal custody or authority over any Minor, you irrevocably, unconditionally, and perpetually grant and extend all consents, releases, waivers, and authorizations contained in these Terms - including but not limited to the Universal Model Release (Section 4) and the Waiver of Compensation (Section 6) - on behalf of the following individuals:
(Collectively, "Covered Minors").
The consent granted under this Section 5 specifically includes, without limitation:
By agreeing to these Terms, you represent and warrant that:
You agree to indemnify, defend, and hold harmless PhotosByBugs from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) any claim by a Covered Minor or any person acting on their behalf that challenges the validity, enforceability, or scope of the consents granted under this Section 5; (b) any claim that you lacked the legal authority to grant consent on behalf of a Covered Minor; or (c) any claim by a co-parent, co-guardian, or other individual with legal rights over a Covered Minor related to the consents granted herein.
Individuals under the age of eighteen (18) are strictly prohibited from creating accounts on the Platform. If we discover that an account has been created by a Minor, we will immediately terminate that account and delete all associated data. Parents and legal guardians are solely responsible for monitoring and controlling their children's access to the Platform.
[!] BY USING THIS PLATFORM, YOU IRREVOCABLY WAIVE ALL RIGHTS TO COMPENSATION FOR THE USE OF YOUR LIKENESS IN CONTENT SOLD, SHARED, OR DISTRIBUTED THROUGH PHOTOSBYBUGS.
You expressly acknowledge and agree that:
For clarity:
To the maximum extent permitted by applicable law, you hereby waive the protections of California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You acknowledge that you may discover facts different from or in addition to those you now know or believe to be true regarding the subject matter of this release, and you agree that this release shall remain effective in all respects notwithstanding the discovery of any such facts.
You retain all ownership rights in and to Content that you create and upload to the Platform. PhotosByBugs does not claim ownership of your original Content. Your Content is stored in your own Google Drive account within a dedicated "PhotosByBugs" folder - we never access, store, or claim ownership of files outside this designated folder.
By uploading, publishing, sharing, or otherwise making Content available on or through the Platform, you grant PhotosByBugs a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to:
By uploading Content, you represent and warrant that:
The license granted in Section 7.2 shall survive termination of your account for any reason. Content that has been sold, shared, downloaded, or licensed to Buyers prior to account termination shall remain subject to the rights granted herein. PhotosByBugs is not obligated to remove, delete, or recall Content that has been lawfully distributed prior to account termination.
All Content uploaded to or shared through the Platform must comply with these Terms and all applicable laws. You are solely responsible for the Content you upload, share, sell, or distribute.
You may NOT upload, share, sell, distribute, or otherwise make available any Content that:
PhotosByBugs reserves the absolute and sole right to, without prior notice or liability:
If you become aware of any Content on the Platform that violates these Terms, please report it immediately to photosbybugs@gmail.com with the subject line "Content Violation Report." Include the URL or description of the offending Content, the reason you believe it violates these Terms, and your contact information.
PhotosByBugs respects the intellectual property rights of others and expects Users to do the same. We comply with the Digital Millennium Copyright Act ("DMCA") and will respond to valid notices of alleged copyright infringement.
If you believe that your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated Copyright Agent at photosbybugs@gmail.com with the subject line "DMCA Takedown Notice." Your notice must include:
If you believe that Content you uploaded was removed in error as a result of a DMCA takedown notice, you may submit a counter-notification to photosbybugs@gmail.com with the subject line "DMCA Counter-Notification," containing the information required under 17 U.S.C. Section 512(g)(3).
PhotosByBugs will, in appropriate circumstances, terminate the accounts of Users who are repeat copyright infringers. A User who receives three (3) or more valid DMCA takedown notices will have their account permanently terminated without further warning.
All financial transactions on the Platform are processed through Stripe, a third-party payment processor. By conducting transactions on the Platform, you agree to Stripe's Terms of Service and Privacy Policy.
Creators who sell Content through the Platform will receive the sale price minus applicable platform fees and transaction processing costs. PhotosByBugs charges a platform fee of up to 10% of each transaction, in addition to Stripe's processing fees. Fee structures may change with thirty (30) days' notice.
Creators set their own prices for Content. PhotosByBugs reserves the right to establish minimum and maximum pricing limits. Free Content may be offered at the Creator's discretion, with optional download access.
Due to the digital nature of the Content sold on the Platform, all sales are final. No refunds will be issued after a purchase has been completed and the Buyer has received access to the Content. Exceptions may be made at PhotosByBugs' sole discretion in cases of technical error or duplicate charges.
You are solely responsible for determining and paying any applicable taxes on your earnings from the Platform. PhotosByBugs does not withhold taxes and is not responsible for your tax obligations. You agree to provide accurate tax information if requested.
The Platform integrates with Google Drive through Google's OAuth 2.0 protocol. By signing in, you authorize PhotosByBugs to:
PhotosByBugs will NEVER access, read, modify, or delete files outside of the dedicated "PhotosByBugs" folder in your Google Drive.
Your use of Google Drive is subject to Google's Terms of Service and Privacy Policy. PhotosByBugs is not responsible for Google's handling of your data.
The Platform may contain links to third-party websites, services, or resources. PhotosByBugs does not endorse, control, or assume responsibility for any third-party content, products, or services. Your use of third-party resources is at your own risk and subject to the terms and conditions of those third parties.
Users may create Marketplace Listings to offer or seek photography-related services. All Marketplace Listings must comply with these Terms and all applicable laws.
PhotosByBugs does not guarantee the accuracy, quality, safety, or legality of any Marketplace Listing. We do not verify the identity, qualifications, or credentials of Users who post Marketplace Listings. All transactions arising from Marketplace Listings are conducted solely between the involved Users.
PhotosByBugs acts solely as an intermediary and venue for Marketplace Listings. We are not a party to any agreement, contract, or transaction between Users that arises from a Marketplace Listing. We have no obligation to resolve disputes between Users.
You agree to indemnify, defend, and hold harmless PhotosByBugs, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and expert witness fees) arising out of or related to:
This indemnification obligation shall survive the termination of your account and these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
PhotosByBugs is NOT responsible or liable for any Content uploaded, shared, sold, distributed, or otherwise made available by Users on or through the Platform. This includes, without limitation, any Content that is infringing, defamatory, obscene, offensive, inappropriate, inaccurate, misleading, or otherwise objectionable. Users bear sole responsibility for the Content they create, upload, share, and sell.
IN NO EVENT SHALL PHOTOSBYBUGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF PHOTOSBYBUGS FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PHOTOSBYBUGS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).
You acknowledge that the limitations of liability and exclusions of damages set forth in this Section 14 are essential elements of the bargain between you and PhotosByBugs, and that PhotosByBugs would not offer the Platform to you without these limitations.
THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE ON OR THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, PHOTOSBYBUGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHOTOSBYBUGS DOES NOT WARRANT THAT:
YOU USE THE PLATFORM AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, DEVICE, OR DATA RESULTING FROM YOUR USE OF THE PLATFORM.
You may terminate your account at any time by contacting us at photosbybugs@gmail.com. Account termination does not release you from obligations incurred prior to termination, including the Model Release, Waiver of Compensation, and Indemnification obligations, which survive termination indefinitely.
PhotosByBugs reserves the right to suspend or permanently terminate your account, with or without notice, for any reason, including but not limited to:
Upon termination: (a) your right to access and use the Platform immediately ceases; (b) Content that has been sold, shared, or downloaded prior to termination remains subject to the licenses granted herein; (c) Sections 4 (Model Release), 5 (Minor Consent), 6 (Waiver of Compensation), 7.2 (License Grant), 13 (Indemnification), 14 (Limitation of Liability), 15 (Disclaimer of Warranties), and 17 (Dispute Resolution) shall survive termination indefinitely.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of laws principles.
Before filing any formal dispute, you agree to first contact us at photosbybugs@gmail.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved through informal resolution shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of New Jersey. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
YOU AGREE THAT ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. You may not bring claims as a plaintiff or class member in any class, consolidated, or representative proceeding.
Notwithstanding the arbitration provisions above, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
PhotosByBugs reserves the right to modify, amend, or update these Terms at any time, at our sole discretion. When we make material changes, we will:
Your continued use of the Platform after the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform and close your account.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and PhotosByBugs with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, agreements, and understandings, whether oral or written.
The failure of PhotosByBugs to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of PhotosByBugs.
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of PhotosByBugs. PhotosByBugs may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction.
Photographs taken at public events, fashion shows, concerts, trade shows, and commercial productions constitute editorial content owned by the photographer. Models, performers, and attendees at such events are photographed in a public or commercial capacity. Individual model releases are not required for the sale of event photography coverage. The photographer’s press credentials, event pass, or invitation constitutes authorization to photograph and distribute images from the event.
By creating an account on PhotosByBugs, you acknowledge that you may appear in photographs uploaded by other users, including event photographers, studio photographers, and other creators. If your likeness appears in any photos on the platform, such photos may be made available for viewing, download, and purchase by other users.
All photos are owned by the photographer who uploaded them. Event photography at public or commercial events constitutes editorial content and does not require individual model releases.
If you wish to have photos of yourself removed, you may submit a removal request to the photographer or to support@photosbybugs.com. Removal requests are honored within 48 hours.
Purchased photographs may be used by the buyer for personal and commercial purposes including but not limited to social media posting, portfolio use, print, and promotional materials. Buyers may not resell photos as standalone products or claim original authorship.
Users who share folder links containing a referral parameter earn a commission of 10% on qualifying purchases made through their link. Commissions are credited to the user’s referral balance and may be withdrawn once the balance reaches $5.00 via a connected Stripe account.
PhotosByBugs reserves the right to adjust commission rates with 30 days notice. Self-referrals (purchasing through your own referral link) are not eligible for commission.
Fraudulent activity, fake clicks, or self-referrals will result in forfeiture of referral balance and potential account termination.
If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us at:
PhotosByBugs
Part of the ByBugs Family
Email: photosbybugs@gmail.com
Website: https://www.photosbybugs.com