Terms of Use

Last updated: June 4, 2026

These Terms of Use ("Terms") govern your access to and use of the Scratch mobile application and related services (the "Service"), operated by Scratch ("Scratch," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service. By using Scratch, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.

2. Accounts

You are responsible for the information you provide and for maintaining the confidentiality of your login credentials. You agree to provide accurate information and to keep it up to date. You are responsible for all activity that occurs under your account. Notify us immediately of any unauthorized use.

3. The Scratch Marketplace

Scratch is a platform that connects clients seeking photography ("Clients") with independent photographers offering their services ("Photographers"). Scratch provides the technology that enables discovery, booking, communication, and gallery delivery, but Scratch is not a photography studio, employer, or agency. Photographers are independent third parties and are not employees or agents of Scratch.

We do not guarantee the quality, safety, legality, or outcome of any session, nor the conduct of any user. Any agreement for a session is made directly between the Client and the Photographer.

4. Photographer Terms

If you offer services as a Photographer, you additionally agree that:

• You are an independent contractor responsible for your own services, taxes, licenses, insurance, and legal compliance;
• The portfolio images, bio, equipment, rates, and availability you publish are accurate and that you have the rights to all content you upload;
• You will honor confirmed bookings and communicate professionally with Clients;
• You are solely responsible for the photography services you deliver and any agreements you make with Clients.

5. Bookings & Payments Between Users

Photographers set their own hourly rates and service package pricing, which are displayed to Clients before booking. Booking requests, scheduling, and the terms of each session are agreed directly between the Client and Photographer through the app. You are responsible for honoring the commitments you make, including cancellations and rescheduling. Scratch is not a party to these arrangements and is not responsible for any dispute, non-payment, or non-performance between users.

6. Subscriptions & Billing

Certain features, including the Photographer "Freelance Hub," require a Photographer Pro subscription, currently priced at $9.99 per month following a 30-day free trial. Subscriptions are purchased and billed through the Apple App Store or Google Play and are subject to those stores' terms.

• Your subscription automatically renews at the end of each billing period unless canceled at least 24 hours before the period ends;
• If you begin a free trial, billing starts automatically when the trial ends unless you cancel beforehand;
• You can manage or cancel your subscription at any time through your device's account settings;
• Except where required by law, payments are non-refundable, and refunds are handled by Apple or Google according to their policies.

7. User Content

You retain ownership of the photos, messages, reviews, and other content you submit ("User Content"). By submitting User Content, you grant Scratch a non-exclusive, worldwide, royalty-free license to host, store, display, and use that content as necessary to operate and promote the Service. You represent that you own or have the rights to your User Content and that it does not infringe the rights of others.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, harassing, or abusive purpose;
• Upload content that is obscene, defamatory, infringing, or otherwise objectionable;
• Impersonate another person or misrepresent your identity, credentials, or availability;
• Circumvent, disable, or interfere with the security or operation of the Service;
• Scrape, copy, or reverse-engineer the Service or attempt to access data you are not authorized to access;
• Solicit users for purposes unrelated to legitimate photography bookings.

We may remove content and suspend or terminate accounts that violate these rules. You can also block other users directly within the app.

9. Intellectual Property

The Service, including its software, design, logo, and branding, is owned by Scratch and protected by intellectual property laws. Except for the rights expressly granted to you, these Terms do not transfer any ownership or rights in the Service to you.

10. Third-Party Services

The Service integrates third-party providers, including Google Firebase, Google Maps Platform, IAPHUB, and the Apple App Store and Google Play. Your use of those features may be subject to the third parties' own terms and policies. Scratch is not responsible for third-party services.

11. Apple Licensed Application End User License Agreement

If you downloaded the Scratch app from the Apple App Store, you acknowledge that these Terms are between you and Scratch only, not with Apple. Apple has no obligation to provide maintenance, support, or warranty for the app. To the extent these Terms conflict with Apple's Licensed Application End User License Agreement, Apple's terms will govern solely with respect to the conflict. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you as a third-party beneficiary.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Upon termination, the provisions that by their nature should survive — including ownership, disclaimers, and limitations of liability — will continue to apply.

13. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Scratch does not warrant that the Service will be uninterrupted, secure, or error-free, or that any Photographer or Client will meet your expectations.

14. Limitation of Liability

To the maximum extent permitted by law, Scratch and its officers, employees, and partners will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Service or any interaction with another user. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid to Scratch in the twelve months before the claim or USD $100.

15. Indemnification

You agree to indemnify and hold harmless Scratch from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, your interactions with other users, or your violation of these Terms or any law.

16. Dispute Resolution

You and Scratch agree to attempt to resolve any dispute, claim, or controversy arising from or relating to the Service informally by contacting us first. If a dispute is not resolved within 30 days, either party may pursue binding arbitration administered under the rules of the American Arbitration Association. Arbitration will be conducted on an individual basis — class actions and class arbitrations are not permitted. Notwithstanding the above, either party may bring an individual claim in small claims court if it qualifies.

17. Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-law principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in California, unless applicable law requires otherwise.

18. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date above and, where appropriate, notify you within the app. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

19. Contact

Questions about these Terms? Contact us at contact@theappscratch.com.

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