Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of Skerp ("Service"), a cloud-based photo proofing platform operated by Bruring Ops B.V. ("we", "us", "our"), a company registered in the Netherlands.

By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Service description

Skerp is a cloud-based software-as-a-service (SaaS) platform that enables professional photographers to upload image collections, share gallery links with clients, collect client selections and approvals, and export the results for post-production workflows.

The Service includes image hosting, processing, and delivery features. We may update, modify, or discontinue features at any time with reasonable notice.

3. Account terms

• You must provide accurate, complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• One person or legal entity may maintain only one free account.
• You must be at least 16 years old to use the Service.
• By creating an account, you confirm that you have read and agree to these Terms and our Privacy Policy.
• We may suspend or terminate accounts that violate these Terms or are inactive for an extended period, with prior notice where practicable.

4. Acceptable use

You agree not to:

• Upload, store, or share content that is illegal, defamatory, or infringes on the rights of others.
• Upload content you do not have the right to distribute, including stolen or unauthorized photographs.
• Use the Service to distribute malware, spam, or engage in phishing.
• Upload content that contains malware, viruses, or executable code.
• Use the platform as general-purpose file hosting, a CDN, or image hosting for external websites. Note that image URLs issued by the Service are HMAC-signed security tokens that expire after approximately one hour, so attempting to embed Skerp-hosted images on external sites will produce broken images once the signature expires.
• Attempt to gain unauthorized access to other accounts or our systems.
• Use automated scripts or bots to access the Service without our prior written consent. The Service rate-limits public and authenticated endpoints (see Section 15); excessive automated traffic may result in HTTP 429 responses.
• Exceed plan storage or bandwidth limits through automated or abusive means.
• Resell or redistribute the Service without authorization.

We reserve the right to remove content or suspend accounts that violate this policy.

5. Content responsibility

You are solely responsible for the content you upload, share, and deliver through the Service. By uploading content, you represent and warrant that:

• You own the content or have obtained all necessary rights, licenses, and permissions (including model releases where applicable) to upload and share it.
• The content does not depict illegal activity, child exploitation, or non-consensual intimate imagery.
• The content does not violate any applicable law or regulation.

Content shared via gallery links is accessible to anyone who has the link. You are responsible for controlling who receives your gallery links.

Skerp does not pre-screen, review, or monitor uploaded content. We act as a hosting provider, not an editor or publisher.

6. Intellectual property

Your content. You retain all intellectual property rights to the images and content you upload to the Service. We do not claim ownership of your content.

Limited license. By uploading content, you grant us a limited, non-exclusive license to host, process, convert, and deliver your content solely for the purpose of providing the Service. This license terminates when you delete your content or close your account.

No other use. We will never use your content for marketing, advertising, AI training, machine learning, analytics, or any purpose other than operating the Service on your behalf. Your images are yours. We are a tool in your workflow, not a stakeholder in your work.

Our platform. The Skerp name, logo, and platform software are the intellectual property of Bruring Ops B.V. You may not copy, modify, or distribute our platform without written permission.

7. Copyright and takedown

Skerp respects the intellectual property rights of others. If you believe that content hosted on our platform infringes your copyright, you may submit a takedown notice to our designated agent.

Takedown notice requirements. Your notice must include:

• Identification of the copyrighted work you believe is being infringed.
• The URL or description of where the infringing content is located on the Service.
• Your contact information (name, address, email, phone number).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.
• Your physical or electronic signature.

Send takedown notices to: [email protected]

Counter-notice. If your content was removed and you believe the takedown was in error, you may submit a counter-notice with your contact information, identification of the removed content, and a statement under penalty of perjury that the removal was a mistake.

Repeat infringers. We will terminate accounts of users who are the subject of repeated valid copyright infringement claims.

8. Fair use and resource limits

The Service is designed for professional photo proofing and delivery workflows. Fair use means using the platform for its intended purpose: uploading client galleries, collecting selections, and delivering final images.

The following are not permitted:

• Using Skerp as general-purpose file storage unrelated to photography workflows.
• Embedding or hotlinking Skerp-hosted images on external websites.
• Programmatic bulk access or scraping of content without prior written consent.

We reserve the right to enforce storage and bandwidth limits per plan tier. Abusive usage patterns may result in rate limiting, temporary suspension, or account termination after notice.

9. Payment and billing

Paid plans are billed in advance on a monthly or annual basis. Payment is processed securely through Stripe; your use of the payment flow is subject to Stripe's terms of service and privacy policy. You agree to provide a valid payment method and authorize us to charge it for the applicable subscription fees.

We may change our pricing with at least 30 days' notice. Price changes take effect at the start of your next billing cycle after the notice period.

You are responsible for any applicable taxes. Prices displayed may not include VAT or other taxes, which will be added where required by law.

10. Cancellation policy

You may cancel your subscription or close your account at any time from your account settings. Two distinct timelines apply depending on which action you take:

• Cancel subscription / downgrade to free. You retain access to paid features until the end of your current billing period. Your account will then be downgraded to the free plan. Your data (galleries, images, settings) will be retained for 30 days after downgrade so you can choose what to keep or export. After 30 days, data exceeding the free plan limits may be permanently deleted; data within the free-plan limits remains available for as long as the account is active.
• Close / delete account entirely. Account closure enters a 14-day grace period during which you can cancel by logging in. After 14 days, all personal data, uploaded images, galleries, selections, and client data are permanently and irreversibly purged. See our Privacy Policy § 6 for full details.

You may export your data at any time before deletion. See our Privacy Policy § 7 for the portability workflow.

11. Refund policy

We do not provide automatic refunds for partial billing periods. If you cancel mid-cycle, you continue to have access until the end of the period you have already paid for.

For annual plans, we may offer pro-rated refunds on a case-by-case basis if requested within 14 days of the charge. Contact us at [email protected] to discuss your situation.

If you believe a charge was made in error, contact us and we will investigate promptly.

12. Indemnification

You agree to indemnify, defend, and hold harmless Bruring Ops B.V., its officers, directors, and employees from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Content you upload, share, or deliver through the Service.
• Your violation of these Terms.
• Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
• Your clients' use of galleries you create or share.

This indemnification obligation survives termination of your account.

13. Limitation of liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, our total liability to you for any claims arising from or related to the Service shall not exceed the total amount you paid us in the 12 months preceding the claim.

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

The liability cap in this section does not apply to your indemnification obligations, your breach of acceptable use, or your infringement of our intellectual property.

Security and data. While we implement industry-standard security measures to protect your data, no system is completely secure. We cannot guarantee that unauthorized access, data breaches, or data loss will never occur. To the maximum extent permitted by law, we are not liable for damages resulting from unauthorized access to, alteration, theft, or destruction of your content. You are responsible for maintaining your own backups of critical content.

We are not liable for any loss or damage resulting from unauthorized access to your account due to your failure to protect your credentials, or for the actions of your clients or third parties who access galleries you share.

14. Data processing and storage

All data is processed and stored on servers located in the European Union. Images are stored in Cloudflare R2's EU-restricted region and delivered globally via a content delivery network for performance; cached copies at edge nodes are transient and do not constitute permanent storage outside the EU.

For the purposes of data protection law (including the GDPR), you act as the data controller for the personal data of your clients. We act as a data processor on your behalf. Our processing of that data is governed by these Terms and our Privacy Policy.

We use the following sub-processors:

• Stripe — payment processing (United States, EU-US Data Privacy Framework).
• Sentry — error monitoring (United States, EU-US Data Privacy Framework).
• Cloudflare — media storage, content delivery, web application firewall, and CAPTCHA (United States, EU-US Data Privacy Framework). All image data is stored exclusively in the EU region.

Third-party integrations you authorise. You may choose to authorise the Skerper plugin (our Lightroom Classic plugin) against your account. Skerper receives a scoped API token that grants it access to your own galleries only. You may revoke the token at any time from Settings → Skerper; revocation takes effect immediately. Any future integrations you authorise will follow the same scoped-token, revocable pattern.

We do not sell, rent, or share your data or your clients' data with third parties for marketing or advertising purposes.

For full details on how we collect, process, and protect personal data, see our Privacy Policy.

15. Service availability

We target 99.9% monthly uptime, excluding announced maintenance windows. Current and historical uptime is published at /status. This is a target, not a contractual service-level guarantee, and does not entitle you to service credits unless your subscription agreement explicitly provides for them.

Scheduled maintenance will be announced in advance where practicable. We are not liable for service interruptions caused by factors outside our reasonable control, including but not limited to internet outages, third-party service failures, or force majeure events.

16. Force majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, war, terrorism, government action, pandemic, internet outages, power failures, or third-party service failures.

17. Third-party services

The Service integrates with third-party providers, including Stripe for payment processing and third-party email delivery infrastructure. Your use of those services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or actions of third-party services. If a third-party service becomes unavailable or changes its terms, we will make reasonable efforts to find alternatives but are not liable for any resulting service disruption.

18. Governing law

These Terms are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising from these Terms or your use of the Service shall be submitted to the competent courts in the Netherlands.

Nothing in these Terms affects your rights as a consumer under mandatory EU consumer protection laws.

19. Changes to these terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email to the address associated with your account.

Continued use of the Service after the effective date of changes constitutes your acceptance of the updated Terms.

20. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bruring Ops B.V. regarding your use of the Service.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

If any provision of these Terms is found to be unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

21. Contact

If you have questions about these Terms, contact us: