These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", "Customer") and Madhaus Ltd, a company registered in England and Wales under company number 11413080 ("we", "us", "our", "Madhaus").
By accessing or using the LensDesk platform, including the web application, API, and iOS application (collectively, the "Service"), you agree to be bound by these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.
These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms.
LensDesk is a software-as-a-service (SaaS) platform for managing photography practices, including client relationship management, project and job tracking, scheduling, notes, time tracking, and file storage.
We will use reasonable endeavours to make the Service available 24 hours a day, 7 days a week, except for planned maintenance (which we will endeavour to notify you about in advance) and unplanned downtime caused by circumstances beyond our reasonable control.
We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of any material changes that negatively affect your use of the Service.
To use the Service, you must create an Account or be invited by an existing administrator. You agree to:
We may suspend or terminate your Account if we reasonably believe it has been compromised or is being used in violation of these Terms.
The Service is offered under subscription plans as described on our website. We may offer free plans with limited features and paid plans with additional functionality.
Fees for paid plans are as stated on our website at the time of purchase. All fees are quoted in pounds sterling (GBP) and are exclusive of VAT, which will be added where applicable at the prevailing rate.
Paid subscriptions are billed monthly or annually in advance. You authorise us to charge your chosen payment method on each billing date. If payment fails, we will notify you and may suspend access to the Service until payment is received.
We may change our fees from time to time. We will give you at least 30 days' written notice of any fee increase. If you do not accept the new fees, you may cancel your Subscription before the new fees take effect.
Fees are non-refundable except where required by law. If you cancel a paid Subscription, you will continue to have access to the Service until the end of your current billing period.
You retain all rights in your Customer Data. We do not claim any ownership of Customer Data. By using the Service, you grant us a limited licence to host, store, process, and display your Customer Data solely for the purpose of providing and improving the Service.
To the extent that Customer Data includes personal data relating to your End Clients, we act as a data processor on your behalf, and you are the data controller of that data. This means:
For personal data relating to your own account and authorised users, we act as data controller. Our practices in that capacity are described in our Privacy Policy.
You warrant and represent that all personal data you input into the Service has been collected lawfully and that you are entitled to provide it to us for processing. You agree to indemnify us against any claims, fines, or losses arising from your failure to comply with applicable data protection law in respect of data you control.
You may request an export of your Customer Data at any time by contacting us. We will provide your data in a commonly used, machine-readable format within a reasonable timeframe.
Upon termination of your Subscription, we will retain your Customer Data for 90 days to allow you to request an export. After this period, we will delete your Customer Data from our systems, except where retention is required by law.
The Service may include AI-powered features (such as job synopsis generation) that process Customer Data using third-party AI services. When you use these features, relevant data is sent to the AI provider for processing. These features are optional and can be disabled. See our Privacy Policy for details on the AI providers we use.
You agree not to use the Service to:
We may suspend or terminate your access if you breach this section, without prejudice to our other rights and remedies.
The Service, including its software, design, text, graphics, logos, and all associated intellectual property rights, is owned by Madhaus Ltd or its licensors. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service as described herein.
The LensDesk name and logo are copyright of Madhaus Ltd. You may not use them without our prior written permission.
All Improvements to the Service — including any enhancements, new features, modifications, integrations, or bug fixes — are and shall remain the sole and exclusive property of Madhaus Ltd, regardless of:
No Improvement shall be considered a bespoke or commissioned work belonging to you unless we have agreed otherwise in a separate written agreement signed by a director of Madhaus Ltd that expressly and specifically assigns intellectual property rights in that Improvement to you.
Where we agree in writing to develop a bespoke feature or integration exclusively for you, any such agreement will set out the ownership terms, payment, and scope of that work. In the absence of such an agreement, these default terms apply.
You may from time to time submit ideas, suggestions, feature requests, or other feedback relating to the Service ("Feedback"). You acknowledge that:
The Service may integrate with third-party services (e.g. Xero, Apple Push Notification service, cloud storage providers). Your use of these integrations is subject to the applicable third party's terms and conditions. We are not responsible for the availability, accuracy, or practices of third-party services.
Nothing in these Terms excludes or limits our liability for:
Subject to section 10.1, our total aggregate liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you in the 6 months immediately preceding the event giving rise to the claim.
Subject to section 10.1, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business or business opportunity, or loss of goodwill, howsoever caused.
We make no warranty that the Service will be error-free or that Customer Data will never be lost or corrupted. You are responsible for maintaining your own backups of any Customer Data that is critical to your business. We shall not be liable for any loss of data except to the extent caused by our wilful misconduct or gross negligence.
You agree to indemnify and hold harmless Madhaus Ltd, its directors, officers, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any third party's rights; or (d) any claim brought by one of your End Clients in relation to personal data you control through the Service.
You may cancel your Subscription at any time by contacting us or using the account management features of the Service. Cancellation takes effect at the end of your current billing period.
We may terminate or suspend your access to the Service:
Upon termination: (a) your right to access the Service ceases; (b) we will retain your Customer Data for 90 days to allow export (see section 6.5); (c) any accrued rights or obligations of either party shall survive termination.
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, pandemics, or industrial action.
We may send notices to you via the email address associated with your Account or through the Service itself. Notices to us should be sent to [email protected].
These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Madhaus Ltd in relation to the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
No failure or delay by us in exercising any right or remedy shall constitute a waiver of that right or remedy.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets.
Nothing in these Terms confers any rights on any person or party other than the parties to these Terms under the Contracts (Rights of Third Parties) Act 1999.
If you are a consumer (i.e. an individual acting for purposes wholly or mainly outside your trade, business, craft, or profession), nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer protection legislation. In the event of any conflict between these Terms and your statutory rights, your statutory rights shall prevail.
We may update these Terms from time to time. We will notify you of material changes by email or via the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may cancel your Subscription.
These Terms are governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, provided that if you are a consumer, you may also bring proceedings in the courts of your country of residence.
Madhaus Ltd
Company number: 11413080
Registered in England and Wales
Email: [email protected]