Terms of Service

Last updated: 9 July 2026

These Terms of Service (“Terms”) form a binding agreement between you and GuardedContent Pty Ltd ([ABN: 46 688 024 535]), a company incorporated in Australia and trading as ProofProtect (“ProofProtect”, “we”, “us”, or “our”). They govern your access to and use of the ProofProtect websites, applications, and related services (together, the “Services”).

By creating an account, clicking to accept, or otherwise using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a business or other organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.

This document is a general template provided for transparency. It is not legal advice. We recommend you read it in full and contact us at support@guardedcontent.com.au with any questions.

1. Definitions

• Customer — a photographer, studio, or other business that registers for an account to use the Services to deliver, protect, and sell photographs and other media.
• End User — a client, gallery viewer, or buyer invited by, or transacting with, a Customer through the Services (for example, a couple viewing their wedding gallery).
• Content — photographs, images, video, text, metadata, and other materials uploaded to, generated by, or transmitted through the Services.
• Customer Content — Content that a Customer or its End Users upload or provide.
• Gallery — a collection of Content made available through the Services for proofing, delivery, or sale.

2. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Services. You are responsible for the accuracy of the information you provide and for all activity that occurs under your account.

You must keep your login credentials confidential and notify us promptly at support@guardedcontent.com.au of any suspected unauthorised use. Where single sign-on (SSO) or SAML is configured for your organisation, your administrator controls access and is responsible for managing user provisioning and de-provisioning.

3. Subscriptions, fees, and billing

Certain features require a paid subscription to a plan. Fees, billing frequency, and plan inclusions are described at the point of purchase. Unless stated otherwise:

• Subscriptions renew automatically at the end of each billing period until cancelled.
• You may cancel at any time; cancellation takes effect at the end of the current billing period, and we do not provide pro-rata refunds for partial periods except where required by law.
• We may change plan fees or inclusions on reasonable notice; changes take effect at your next renewal.
• Fees are stated exclusive of taxes unless otherwise indicated. You are responsible for any applicable GST, sales, or similar taxes.

Payments are processed by our third-party payment provider, Stripe. By providing payment details you authorise us and Stripe to charge the applicable fees. We do not store complete card numbers on our systems.

4. Trials and beta features

We may offer free trials or features designated as beta, preview, or early access. These are provided “as is”, may be changed or withdrawn at any time, and may be subject to additional terms. To the extent permitted by law, beta features are excluded from any service commitments.

5. Selling through the Services (marketplace)

The Services let Customers sell Galleries, prints, products, and digital downloads to End Users. Where this functionality is used:

• The Customer is the seller of record for transactions with its End Users. ProofProtect acts only as a technology and payment-facilitation provider and is not a party to the sale.
• Payments to Customers are facilitated through Stripe Connect. To receive payouts, a Customer must onboard with Stripe and accept the Stripe Connected Account Agreement. Payout timing, holds, and reserves are governed by Stripe.
• We may charge platform or transaction fees, which are disclosed in your plan or at the point of sale, and may be deducted from amounts collected.
• The Customer is responsible for setting prices, describing products accurately, fulfilling orders, handling End-User enquiries, providing required consumer disclosures, and managing refunds, returns, and chargebacks in accordance with applicable law.

6. Customer Content and licence

As between you and us, you retain all ownership rights in your Customer Content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, display, transcode, and process your Customer Content solely as needed to provide and improve the Services (including generating proofs, watermarks, thumbnails, and protected streams).

Photographer accounts also execute the standalone Content Licensing Agreement, which details this licence (including DRM encryption and watermarking) and prevails over this section for content-licensing matters.

You represent and warrant that:

• you own or have all rights, licences, and consents necessary to upload your Customer Content and to grant the licence above;
• you have obtained any model, property, or other releases required to use, display, and (where applicable) sell the Content; and
• your Customer Content and its use through the Services do not infringe any third-party rights or violate any law.

You are responsible for any personal information of your End Users that you collect or upload, and for having a lawful basis and any necessary consents to do so. Our handling of personal information is described in our Privacy Policy.

Controller and processor.For End-User personal information processed through the Services, you are the controller and we act as your processor: we process it only to provide the Services and on your documented instructions (given through the Services’ features and settings). Our Data Processing Agreement — including the sub-processor register at /legal/subprocessors — is available and, where the GDPR or similar law requires a written processing agreement, forms part of these Terms once executed.

7. Acceptable use

You must not, and must not permit anyone to:

• upload or distribute Content that is unlawful, infringing, defamatory, or that depicts child sexual abuse material or non-consensual intimate imagery;
• use the Services to harass, deceive, or harm others, or to send spam;
• attempt to circumvent, disable, or interfere with security, content protection, rate limits, or access controls;
• reverse engineer, scrape, or use automated means to access the Services except as expressly permitted;
• resell or provide the Services to third parties except as intended through the marketplace features; or
• use the Services in breach of any applicable law.

8. Content protection — no guarantee

ProofProtect provides tools designed to deter unauthorised copying, such as digital rights management (DRM), watermarking, and measures intended to discourage screenshots, screen recording, and downloads. These measures are best-effort deterrents. Because of the nature of web, browser, operating-system, and hardware behaviour, we do not warrant that any content-protection feature will prevent all copying, capture, or redistribution, and we are not liable for unauthorised use of Content by End Users or third parties. You should not upload Content you cannot afford to have copied.

9. Our intellectual property

The Services, including all software, design, text, and trademarks (including “ProofProtect”), are owned by GuardedContent Pty Ltd or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services in accordance with these Terms. We may use anonymised or aggregated data derived from use of the Services to operate and improve them.

10. Third-party services

The Services rely on third-party providers (for example, Stripe for payments, Cloudflare for storage and delivery, and others described in our Privacy Policy). Your use of those services may be subject to their terms, and we are not responsible for third-party services we do not control.

11. Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users. Where practicable and lawful, we will give notice. On termination, your right to use the Services ends; sections that by their nature should survive (including content licences granted to us only to the extent needed for backups or legal compliance, intellectual property, disclaimers, limitations of liability, and indemnities) will survive. We will handle retained data as described in our Privacy Policy.

12. Disclaimers

Except as expressly stated in these Terms and to the maximum extent permitted by law, the Services are provided “as is” and “as available”, and we exclude all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded. Where our goods or services come with guarantees that cannot be excluded, and where permitted, our liability for breach of such a guarantee is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied.

13. Limitation of liability

Subject to the Australian Consumer Law section above and to the maximum extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill; and
• our total aggregate liability arising out of or relating to the Services and these Terms is limited to the greater of (a) the total fees you paid to us for the Services in the 12 months before the event giving rise to the liability, or (b) AUD $100.

14. Indemnity

To the extent permitted by law, you agree to indemnify and hold us harmless from claims, liabilities, damages, and reasonable expenses arising from your Customer Content, your use of the Services, your sales to End Users, or your breach of these Terms, except to the extent caused by our own breach or negligence.

15. Changes to these Terms or the Services

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice). Changes take effect on the date stated, and your continued use of the Services after that date constitutes acceptance. We may also modify or discontinue features of the Services.

16. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Before commencing proceedings, the parties will use reasonable efforts to resolve any dispute in good faith by contacting support@guardedcontent.com.au.

17. General

• Entire agreement. These Terms, together with the Privacy Policy and any order or plan terms, are the entire agreement between us regarding the Services.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Notices. We may give notice by email or in-product message; you may give notice to us at the contact below.

18. Contact

GuardedContent Pty Ltd trading as ProofProtect
GuardedContent Pty Ltd Suite #1038 79-83 Longueville Road Lane Cove, NSW 2066
[ABN: 46 688 024 535]
support@guardedcontent.com.au