These Terms of Service (“Terms”) are a binding agreement between you and Harry McLaughlin Photography, LLC, doing business as Capture Club (“Capture Club,” “we,” “us”). They govern your use of our websites, applications, APIs, and related services (the “Service”). By creating an account, creating an event, or uploading content, you agree to these Terms and our Privacy Policy.
If you are using the Service on behalf of an organization (e.g. a venue or photography studio), you represent that you have authority to bind that organization to these Terms.
1. Eligibility
You must be at least 16 years old to use the Service, or the minimum age required to consent to online services in your jurisdiction - whichever is higher. You are responsible for ensuring that event guests who upload content meet the same age requirement.
2. Accounts
You are responsible for the security of your credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized access at hello@captureclub.app. You must provide accurate information when creating an account and keep it current.
3. What the Service does
Capture Club lets event hosts (“Hosts”) create a branded gallery, share a unique link with their guests, and collect photos and videos in one place. Guests do not need an account to upload. Hosts control the gallery, who can download, and how long uploads are retained (subject to the retention policies in our Privacy Policy).
4. Pricing and billing
4.1 Tiers
- Free - one event, unlimited guest uploads, first 50 uploads visible in full feed functionality, preview quality with watermark, no downloads.
- Starter Monthly - $19/month - unlimited events, Delivery Gallery mode, guest QR upload, your logo and brand color, native downloads with no watermark on media. Galleries carry a "Powered by Capture Club" footer.
- Starter Annual - $190/year - same features as Starter Monthly, billed annually.
- Pro Monthly - $49/month - everything in Starter plus live streaming, viewing-room slideshow, full white-label branding, custom event URLs, bulk management tools, Pro dashboard, priority support.
- Pro Annual - $490/year - same features as Pro Monthly, billed annually (equivalent to two months free).
- Founding Member Lifetime - $249 one-time - a limited launch offer capped at 100 members. Lifetime access to current and future Pro features. Not renewed or transferred. Offered for 30 days from April 20, 2026, or until sold out.
4.1a Legacy Couple tier. A per-event Couple tier ($9 one-time) was offered prior to April 20, 2026 and is no longer sold. Customers who purchased Couple credits before that date may continue to apply unused credits to new events under the terms in effect at the time of purchase.
4.2 Payments
All payments are processed by our third-party payment processor. By submitting a payment, you authorize us and our payment processor to charge your payment method. Prices are in U.S. dollars and exclude applicable taxes, which will be added at checkout where required. Failed payments on recurring subscriptions may result in downgrade or suspension after a 7-day grace period.
4.3 Automatic renewal
Pro Monthly and Pro Annual subscriptions renew automatically at the end of each billing cycle. You may cancel at any time from your billing page; Pro access remains active until the end of the current period. California residents: you may cancel by clicking “Cancel subscription” in the billing page or by emailing hello@captureclub.app. No phone call, postal mail, or in-person visit is required.
4.4 Refunds
All subscription fees are non-refundable. Users may cancel their subscription at any time, which will stop future billing. Access to the subscribed plan and its features will continue through the end of the current billing period, after which the account will revert to the Free plan.
Founding Member purchases are refundable within 48 hours of purchase. After 48 hours, Founding Member payments are non-refundable. In exchange, Founding Members receive lifetime access to Pro-tier features as described at the time of purchase.
Legacy Couple tier credits ($9 per event, retired) are non-refundable but remain redeemable indefinitely until used.
Capture Club reserves the right to issue refunds at its sole discretion in cases of technical failure, billing errors, or extenuating circumstances. Contact hello@captureclub.app for any refund request.
4.5 Referrals
The referral program is currently paused. When active, it allows subscribers to share a code and earn credits or payouts for new signups attributable to their code. Capture Club may operate, modify, suspend, or terminate the program at any time; any specific reward terms in effect when a referral is earned are honored in accordance with the then-current program rules.
5. Your content
5.1 Ownership
You and your guests retain ownership of the content you upload. We do not claim ownership of any photo, video, or other material uploaded to the Service.
5.2 License to Capture Club
You grant Capture Club a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify (for the purpose of generating previews, thumbnails, watermarks, and streaming renditions), transmit, and display your content solely to operate and deliver the Service to you and your event's participants. This license ends when you delete the content, except where retention is required by law, for backup continuity (up to 30 days), or where content has already been downloaded by permitted recipients.
5.3 License to Hosts (from guests)
If you upload as a guest to an event, you grant the Host a non-exclusive, worldwide, royalty-free license to view, download, reproduce, and share your upload within the context of the event (e.g. to produce a wedding album, send to the couple, post on vendor social channels). This license does not grant the Host the right to sell your content or to use it in paid advertising without your additional consent.
5.4 Your representations
You represent and warrant that (a) you own or have the necessary rights to the content you upload, (b) your content does not infringe any third-party rights, (c) your content complies with all applicable laws, and (d) you have obtained any required consents from people appearing in the content.
5.5 Prohibited content
You agree not to upload content that:
- Is unlawful, defamatory, harassing, or threatening.
- Contains child sexual abuse material, non-consensual intimate imagery, or any depiction of a minor in a sexual context.
- Infringes any copyright, trademark, right of publicity, or other intellectual property right.
- Contains malware, phishing content, or attempts to exploit the Service.
- Violates any applicable privacy, data protection, or anti-discrimination law.
- Depicts a person in a way they did not consent to, where their consent was required.
We may remove any content that violates these Terms, suspend accounts engaged in repeated violations, and cooperate with law enforcement. Report violations to hello@captureclub.app.
6. Acceptable use
You agree not to:
- Reverse engineer, scrape, or circumvent the Service's technical protections.
- Interfere with other users' use of the Service.
- Use the Service to send spam or unsolicited commercial communications.
- Resell, relabel, or sub-license the Service except under the Pro tier's white-label feature (which is for servicing your own clients, not reselling Capture Club as a separate product).
- Use automated systems to create accounts or generate uploads.
- Use the Service to process payment card data outside of the checkout flow we provide.
7. DMCA and copyright
We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a notice, email hello@captureclub.app with: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material and its URL, (c) your contact information, (d) a statement that you have a good-faith belief the use is not authorized, (e) a statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act on the owner's behalf, and (f) your electronic or physical signature. Counter-notices follow the same process. Repeat infringers will have their accounts terminated.
8. Third-party services
The Service integrates with third-party providers for authentication, payments, file storage, video processing, database hosting, application hosting, transactional email, and AI-assisted support. Their terms and privacy policies apply to the portions of the Service they power. We are not responsible for outages or changes at these providers. A current list of sub-processors is available in our Privacy Policy.
9. Storage and availability
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance is announced in advance where possible. Retention periods for uploaded content are described in the Privacy Policy. We may send content-deletion notices to the email on file before purging expired content, but we are not liable for failure to deliver such notices.
10. Termination
You may cancel your account at any time from the billing page or by contacting support. We may suspend or terminate your account for material violation of these Terms, non-payment, unlawful content, or abuse of the Service. Upon termination, we will delete your content in accordance with our retention schedule. Sections 5 (your representations and license back to us for already-distributed content), 11 (warranty), 12 (liability), 13 (indemnity), and 14 (disputes) survive termination.
11. Warranty disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPTURE CLUB IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100 USD. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
13. Indemnification
You agree to indemnify, defend, and hold harmless Capture Club, its officers, directors, employees, and agents from any claim, demand, liability, or expense (including reasonable attorneys' fees) arising out of (a) your content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any law or third-party right.
14. Disputes
14.1 Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Informal resolution
Before filing any formal claim, you agree to contact us at hello@captureclub.app and attempt in good faith to resolve the dispute for at least 30 days.
14.3 Arbitration and class-action waiver
Any dispute not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in your state of residence (or, if you prefer, conducted by video conference). You and Capture Club each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative proceeding. Nothing in this section prevents either party from seeking injunctive relief in court for intellectual property infringement. You have the right to opt out of this arbitration clause by emailing hello@captureclub.app within 30 days of first accepting these Terms.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced by email or in-app notice at least 14 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance.
16. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and Capture Club regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to you may be provided by email. Notices to us must be sent to the addresses below.
17. Contact
Harry McLaughlin Photography, LLC (DBA Capture Club)
All inquiries - legal, billing, DMCA, abuse, security: hello@captureclub.app
Please include the relevant topic in your subject line (e.g. “DMCA Notice”, “Billing Question”) so we can route your message promptly.
Support portal: captureclub.app/support