Terms of Service

Terms of Service

Last Updated: 01/01/2025

1. Who We Are

Welcome to Koa and Kai Photography LLC ("Company," "we," "us," or "our"). We are a Maine-based photography business specializing in portrait photography, including motherhood, couples, and families. Our website, koaandkaiphotography.com (the "Website"), provides information about our services, allows clients to book sessions, and showcases our portfolio.

By accessing or using our Website, you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, please do not use our Website.

2. Privacy Policy & Data Collection

Your privacy is important to us. Our Privacy Policy governs how we collect, use, and protect your personal data. By using this Website, you consent to the data practices described in our Privacy Policy.

3. Intellectual Property & Licenses

A. Ownership of Content

All content on this Website, including but not limited to photographs, graphics, branding, logos, text, and digital assets, is the exclusive property of Koa and Kai Photography unless otherwise stated.

B. License to Use Images

Clients: Upon purchasing a photography session, clients receive a personal, non-exclusive license to use the delivered images for personal use (e.g., printing, social media, personal websites).
Commercial Use: Commercial use of any images requires a separate licensing agreement.
Unauthorized Use: Modifying, copying, distributing, or reproducing images without written permission is strictly prohibited.

4. No Warranties

This Website and our services are provided "as is" and "as available" without warranties of any kind. We do not guarantee that:

The Website will be error-free or uninterrupted.
The images and services will meet your expectations in all circumstances.
The Website is free from viruses or harmful components.

5. Limitation of Liability

Under no circumstances shall Koa and Kai Photography, its owners, employees, or affiliates be liable for:

Any direct, indirect, incidental, or consequential damages arising from the use or inability to use our Website or services.
Any data loss, unauthorized access, or cyber-attacks affecting user information.
Any third-party actions related to privacy and security.
You acknowledge and agree that your use of this Website is at your own risk.

6. Governing Law

These Terms shall be governed and construed under the laws of the State of Maine, United States, without regard to conflict of law principles.

7. Contact Information

For questions about these Terms or our Privacy Policy, contact us at:

📧 Email: [Cass@koaandkaiphotography.com]

Privacy Policy

Last Updated: 01/01/2025

Koa and Kai Photography LLC ("Company," "we," "us," "our") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains:

What information we collect
How we use it
Your rights under privacy laws
By using this Website, you consent to the collection and use of data as described in this policy.

1. Information We Collect

We may collect the following types of information:

A. Internet Traffic Data & Cookies

We use cookies and tracking pixels (e.g., Google Analytics, Facebook Pixel) to collect anonymous internet traffic data, including:

IP address
Browser type
Device type
Pages visited & time spent
Referring websites
You may disable cookies through your browser settings, but doing so may limit functionality.

B. Personal Information (Voluntarily Provided by Users)

When you submit a contact form, booking request, survey, or order, we collect:

Name
Email address
Phone number
Payment details (processed securely via Stripe, PayPal, or other third-party payment providers)

2. How We Use Your Information

We use collected data for:
✔ Booking and delivering photography services.
✔ Improving our Website and marketing strategies.
✔ Sending promotional emails (only if you opt-in).
✔ Analyzing website traffic and trends.

3. Testimonials on Site

With your consent, we may publish client testimonials on our Website. By submitting a testimonial, you agree that we may display your first name, images, and feedback publicly.

4. Access to Information & Your Rights

Under GDPR, CalOPPA, and VCDPA, you have the right to:

Request access to your personal data.
Request correction or deletion of your data.
Opt-out of marketing communications.
File a complaint with your local data protection authority.
To exercise these rights, contact us at [Your Contact Email].

5. Security Measures

We take reasonable security measures to protect your data from unauthorized access, disclosure, or misuse. However, no online platform is 100% secure.

6. Registration & Orders

If you register for services or place an order, we collect personal information necessary to process your request. All transactions are processed securely, and we do not store payment details.

7. Surveys & Contests

Occasionally, we may conduct surveys or giveaways. Participation is voluntary, and information collected will only be used for the stated purpose.

8. Changes to This Privacy Policy

We may update this Privacy Policy at any time. Changes will be posted on this page with an updated "Last Updated" date.

9. Testimonial Release Form

Before using a client's feedback, we recommend obtaining written consent via a Testimonial Release Form that:

Specifies how their testimonial will be used.
Grants permission for image use in marketing.
Ensures compliance with privacy laws.
If you need a sample Testimonial Release Form, contact us at [Your Contact Email].

11. Contact Us

📧 Email: [Cass@koaandkaiphotography.com]

If you have questions about our Privacy Policy, please reach out!