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VSCO Workspace Agreement
Effective as of May 8, 2025.

This Agreement (this “Agreement”) applies to your (“you,” “your,” or “Customer”) use of the VSCO Workspace platform, including any services provided in connection with such platform (collectively, “VSCO Workspace”). VSCO Workspace is incorporated into our “Services” as defined in our Terms of Use. 

By using VSCO Workspace, you agree that this Agreement will become a legally binding agreement between you and Visual Supply Company (“VSCO”). Any capitalized terms not defined have the meanings ascribed to them in our Terms of Use, which are expressly incorporated into this Agreement, and to which this Agreement is an addendum. You also agree that our Privacy Policy applies to your use of VSCO Workspace. You further agree to the terms in our Data Processing Addendum (“DPA”) with respect to personal data that we process for you or on your behalf. 

If you sign up for VSCO Workspace on behalf of an organization or entity who operates as our Customer, you represent and warrant that (i) you have the authority to bind such Customer to this Agreement and (ii) your use of VSCO Workspace will bind such Customer to this Agreement. “You” or “your” in this Agreement means both you and the Customer, and you are further bound by all provisions referencing Customer. 

1. VSCO Workspace

VSCO Workspace Platform. VSCO Workspace provides businesses, organizations, and other VSCO Workspace users (collectively, “Users”) with access to and use of VSCO Workspace products and related services.

Registration and Account Information. When you sign up for VSCO Workspace, you may be required to register an account on the Service (“Account”) or have a valid account on a third-party service through which you can connect to the Service, as permitted by the Service. You may be asked to provide us with certain information about yourself and your organization, which you agree will be used in accordance with our Privacy Policy. 

Admin and User Accounts. The initial registered user who accesses the Service on behalf of a Customer and registers an Account will be designated as the administrator (the “Admin”) by default. The Admin is solely responsible for an administrative Account (an “Admin Account“). Once any Admin Account has been created, the Admin will be permitted to create up to the total number of user accounts for which the applicable fees have been paid (each, a “User Account“), and the Admin will have administrative privileges to add, remove, suspend, and otherwise manage the User Accounts as users of VSCO Workspace. User Account subscriptions can be used concurrently by and up to the number of User Accounts for which the applicable fees have been paid.

Access to VSCO Workspace. Subject to your compliance with this Agreement, you are granted a non-exclusive, limited, non-transferable, revocable, license to access and to use VSCO Workspace for your internal business purposes only and not for redistribution of any kind. At any time, we may condition your use of VSCO Workspace on your passing a know-your-client process, business verification, or similar check. VSCO and our licensors retain all right, title, and interest in, and to VSCO Workspace, including all intellectual property rights therein.

Changes to our Services. From time to time, we may make changes to our Services, including the introduction of new products or services, the release of new tools and resources, or modification or replacement of existing products or services, which will all be subject to this Agreement. Your continued use of our Services will constitute your acceptance of any such changes. Access to specific products or features is not guaranteed as a part of this Agreement. 

Data Security. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include administrative, technical, and physical safeguards designed to: (a) ensure the security and integrity of Customer Data (defined below); (b) prevent unauthorized access to, or disclosure of, Customer Data; and (c) protect against threats, hazards, and security incidents with respect to Customer Data. We may update or modify such security measures from time to time at our discretion, provided that such updates and modifications do not materially decrease the overall security of our Services.

Business-to-Business Communications. By using our Services on behalf of a Customer, you expressly understand and agree that your Account is not a “Person” as defined by the GDPR and accept VSCO’s legitimate business interest in conducting business-to-business communications.

Text Message Services. VSCO may offer one or more mobile message programs (collectively, the “Message Services”) that allow Customers to send and receive SMS messages by opting into such Message Services. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Services are governed by this Agreement. You are responsible for all charges and fees associated with messaging incurred with your wireless carrier and associated message and data rates may apply. You are responsible for ensuring that you have permission to message your contacts and/or third parties using our Message Services. You also acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command. The Message Service may not be available in all areas or supported by all carriers or all devices. Delivery of mobile messages is subject to effective transmission from your wireless carrier and network operator and is outside of our control. VSCO and the wireless carriers supported by the Message Services are not liable for any failed, delayed, or undelivered messages.

Support Services. Support services (which constitute part of our Services) can be accessed through our Help Center.

Referral Program. We may, from time to time, and in our sole discretion, offer a referral program, which will be subject to the applicable posted terms. In the event we offer a referral program, we reserve the right to modify or cancel it at any time, or determine or modify eligibility criteria, at any time, at our sole discretion. To participate, you agree to comply with any applicable laws governing your participation in such program.

2. USE OF SERVICES

Customer Responsibilities. As a Customer, you will be responsible for (a) Users’ compliance with this Agreement; (b) the accuracy, quality, and legality of any electronic data or information submitted by or for you to our Services (collectively, “Customer Data”); (c) the means by which you acquired any Customer Data; and (d) your use of any third-party data within our Services. You will use our Services only in accordance with this Agreement and any applicable policies, laws, and government regulations. Any use of our Services in violation of the foregoing that in our judgment threatens the security, integrity, or availability of our Services may result in the immediate suspension of your use and access to our Services; provided, however, that we will use commercially reasonable efforts under the relevant circumstances to provide you with notice and an opportunity to remedy such violation or threat prior to suspension. 

License. By using our Services, you grant us a royalty-free, sublicensable, non-exclusive, perpetual, irrevocable, worldwide license to use, reproduce, distribute, publicly perform, publicly display, and make derivative works of Customer Data in order to provide, develop, and improve our Services, which may include developing, training, and improving AI or machine learning models that are part of our Services. For purposes of this license, “Customer Data” does not include Personal Data (as defined in our DPA) of your business clients (“Client Data”). Our use of your Client Data is limited to providing our Services as described in the DPA.

Account Security. You agree to use commercially reasonable efforts to prevent unauthorized access to or use of our Services and to notify VSCO promptly of any such unauthorized access or use. Your Account login credentials may only be used by one person; a single log-in shared by multiple people is not allowed. You may create separate logins for as many Users as your Account supports. You are responsible for maintaining the security of your Account and Account credentials. 

Your Interactions with other VSCO Customers. You must not engage in any harmful, exploitative, or illegal conduct toward our other Customers, our Creators, or anyone else you may interact with through the Services. You must comply at all times with our Community Guidelines in your interactions with others, through VSCO Workspace, in person, or otherwise. We may suspend or revoke your access to VSCO Workspace, without refund, if you violate our Community Guidelines. 

Service Rules. Be reasonable and responsible. Don’t do anything that is illegal or could harm VSCO, our Services, or any User of our Services. When using our Services, you are responsible for your interactions with others. For example, don’t do the following while using our Services: 

  • Harm others (including impersonating or violating VSCO’s or another’s rights; collecting or distributing anyone else’s private or personal information; or sending spam or other unsolicited communications); 
  • Transmit or communicate any message or content that may be deemed offensive or potentially unlawful, including language that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise abusive or objectionable;
  • Use, copy, make derivatives of, distribute, or exploit our Services or any content available through our Services for any unauthorized purpose (including “scraping” information or content); 
  • Decompile or reverse engineer our Services; frame, hotlink, host, or use similar techniques to include VSCO Marks (defined below) or our Services in any other service or site; train artificial intelligence (“AI”) models on our content without VSCO’s prior written consent; or upload content you receive through our Services into any AI tools, bots, software, or other external applications;
  • Attempt any technological attack (including accessing information regarding our Services’ underlying infrastructure); cause a large load on our infrastructure, such as through “robots,” “spiders,” and other automated systems; interfere with our Services; bypassing measures we use to restrict access to our Services; access or decipher any unauthorized content or transmissions; or upload viruses, worms, or other harmful agents); or
  • Use our Services for any purpose that is fraudulent or prohibited by this Agreement or any laws. 

Third Party Services. Our Services may include tools, services, platforms, models, or functionality provided by third parties, including an AI-powered chatbot (“Third Party Services” and such parties, “Third Party Providers”). You acknowledge and agree that our Services use, integrate, or are hosted on certain technologies that are provided or made available by these Third Party Providers and that Customer Data will be shared with such third parties in order to provide our Services and their associated features and functionality. VSCO does not have responsibility or liability for any acts or omissions of any Third Party Providers or for any Third Party Services, including any fees or costs associated with optional usage of such services by our Customers

‍Usage Limits. You may not use our Services for offsite backups, delivery, or transfer of high-resolution images or proofs, or otherwise use excessive storage as determined solely by VSCO. If you are found to be abusing the provided storage, your Account may be disabled until your storage usage is corrected. If your bandwidth usage exceeds 1 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by VSCO) of other VSCO customers, we reserve the right to charge additional storage fees or require you to upgrade to a higher tier of storage, if applicable, to continue using your Account.

3. SUBSCRIPTION AND PAYMENTS

Subscriptions and Renewals. We may offer a monthly or annual subscription (“Subscription”) with the use of VSCO Workspace. If applicable, your Subscription will automatically renew on a monthly or annual basis, upon your election. All payments are non-cancellable and non-refundable.

Fees. You agree to pay all fees or charges to your Account according to the billing terms in effect at the time a fee or charge is due. We may add new products and services for additional fees or change fees for existing products and services at our discretion. Any changes to our prices and billing methods will be effective immediately upon posting of a notice on our Services or by email delivery to you. Any increased fees for existing Subscriptions will apply only to future charges beginning on your next billing period.

Changes to Your Plan. Downgrading your Service may cause you to lose access to certain features or storage capacity of your Account. VSCO does not accept any liability for such loss. Any changes to our prices and billing methods will be effective following posting of a notice on our Services or by email delivery to you, in accordance with the time period specified in such notice. If you upgrade during a billing period, your charges will be prorated, based on the time remaining in your current billing cycle, and the new fee will be charged at the beginning of your next billing period.

Payments. You may need to provide us, our third-party payment service provider, or an App Marketplace, if applicable, with valid credit card information or other permitted payment method (“Payment Information”). You authorize us, our third-party payment service provider, or the App Marketplace to charge your Payment Information for all amounts due and payable for the products and services you purchase from us. All financial transactions processed by our third-party payment service provider or by the App Marketplace will be subject to their respective terms and conditions. We aren’t responsible for the actions or inactions of the App Marketplace or any third-party payment service provider, including system downtime or payment services outages. Any billing and fee disputes may require resolution between you and the App Marketplace or applicable third party payment service provider directly. 

Late Payments. Upon your Subscription renewal, if we, our payment processor, or the relevant App Marketplace do not receive payment via your Payment Information, you agree to pay all amounts due on your Account upon request. We or the App Marketplace may either cancel or suspend your Subscription and continue to attempt to charge your Payment Information until payment is processed.

Automatic Subscription Renewals. Subscription fees will be billed by us or the App Marketplace at the start of your Subscription or at the end of any free trial period (as applicable), and your Subscription will renew in accordance with the Subscription terms you selected at purchase. The timing of billing may change at any time. After your initial or subsequent Subscription period, your Subscription will automatically renew on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional similar period at our then-current price. Your Account will continue to be charged for automatic renewals (even if you terminate your Account), unless you cancel your Subscription prior to the Renewal Commencement Date.

Canceling Your Subscription. You can cancel your Subscription or prevent any auto-renewal of your Subscription by opting to close your account in the VSCO Workspace platform. Cancellation of your Subscription will be effective at the end of your then-current Subscription term, and your Subscription will not be renewed after your then-current Subscription term. You will not receive a refund for any prorated fees you paid for the then-current Subscription term.

Taxes. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (collectively, “Taxes”), and you will be responsible for payment of any such Taxes. We may charge you, and you agree to pay, for any fees and applicable Taxes related to your Account or your use of our Services. If we determine we have a legal obligation to collect applicable Taxes from you, we will collect them in addition to your payment for any Subscriptions.

4. FEEDBACK AND TESTIMONIALS

License to Use Feedback. You grant us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into our Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you or your Users relating to the operation of our Services. 

Customer or User Testimonials. We appreciate and value testimonials about our Services from our Customers and Users. A testimonial (“Testimonial”) is an optional, non-compensated review or recommendation that you may provide to VSCO and includes the Testimonial text, photo, business name, author, and website URL. By submitting a Testimonial, you grant us an irrevocable, perpetual, transferable, and unrestricted right to reproduce, display, use, and publish your Testimonial for promotional purposes in any medium and to alter the Testimonial photo without restriction, all without compensation to you. VSCO is under no obligation to publish your Testimonial.

5. CONFIDENTIALITY

Confidential Information. You agree that all code, inventions, know-how, or business, technical, and financial information disclosed to you by VSCO, constitutes the confidential information of VSCO (“Confidential Information”), provided that it is either identified as confidential at the time of disclosure or should be reasonably known by you to be confidential due to the nature of the information disclosed. Confidential Information will not, however, include any information that you can demonstrate: (a) was publicly known or made generally available through none of your actions or inactions; (b) is already in your possession, or is obtained by you from a third party without an associated confidentiality obligation, or a known breach of the third party’s obligations of confidentiality; or (c) is independently developed by you without use of or reference to the Confidential Information, as demonstrated by your contemporaneous written records. 

‍Non-Disclosure Obligations. Except as expressly authorized here or as necessary to perform its obligations under this Agreement, you agree: (a) not to disclose any Confidential Information to third parties and (b) not to use Confidential Information for any purpose other than as necessary to exercise your rights or perform your obligations under this Agreement. You may disclose VSCO’s Confidential Information if required by law provided that you use reasonable efforts to seek confidential treatment for such Confidential Information and, if and as permitted by law, will provide prior notice to VSCO to allow us to seek protective or other court orders. These confidentiality obligations will remain in effect for a period of five 5 years from the date of disclosure, except with respect to trade secret information, for which the obligations will survive until the information becomes publicly known or made generally available through none of your actions or inactions.

6. TERM AND TERMINATION

Term. This Agreement applies beginning on the date you first used our Services or the date you accepted this Agreement, whichever occurred first and will continue to apply until terminated. The term of this Agreement will continue until the end of your Subscription for VSCO Workspace or termination by VSCO, as applicable. 

Termination by VSCO. We may terminate this Agreement if we determine that you have materially breached this Agreement, which includes, but is not limited to: your or your Users’ violation of this Agreement, failure to comply with our Community Guidelines, or your violation of any applicable laws. VSCO has the right in our sole discretion to suspend or terminate your Account and refuse any and all current or future use of our Services and/or refuse or remove any Customer Data that is available via our Services. We reserve the right to refuse service to anyone for any reason at any time.

‍Effects of Termination. Termination or cancellation of this Agreement will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Customer Data in your Account. Any provisions of this Agreement that are intended to survive termination will remain in effect.

7. DISCLAIMER, RESPONSIBILITY, AND LIMITATION OF LIABILITY

Warranty Disclaimer. VSCO Workspace is provided to you on an “as is” and “as available” basis without warranty of any kind. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, express, implied, or otherwise, including any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose. 

Responsibility for Use. You will be solely responsible for your use of VSCO Workspace and hereby indemnify us for any claims arising out of or relating to your use of VSCO Workspace in violation of this Agreement. 

Limitation of Liability. VSCO will not be liable for (a) any indirect, punitive, incidental, special, consequential, or exemplary damages you might experience from VSCO Workspace or (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the total amount paid by you (or your affiliates) under this Agreement in the 12 months immediately preceding the date of the first incident giving rise to such liabilities. The limitations of damages set forth above in this section are fundamental elements of this Agreement between you and VSCO. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in accordance with the terms of this Agreement.

9. ARBITRATION AGREEMENT

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. This section provides that you and VSCO agree to resolve all disputes between us through binding arbitration and includes a class action and jury waiver. This agreement supersedes all prior versions.

Arbitration Notice and Agreement. This Arbitration Agreement requires you to arbitrate disputes between you and VSCO, which means you will only be able to pursue claims and seek relief against us on an individual basis through arbitration. You are also waiving your right to seek relief in a court of law and to have a jury trial. This Arbitration Agreement will continue to apply even if you delete, or we suspend or terminate, your access to VSCO Workspace. 

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of VSCO Workspace, to any products sold or distributed through VSCO Workspace, or to any aspect of your relationship with us, will be resolved by binding arbitration, rather than in court, except that you and VSCO can seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade secrets, copyrights, and patents), any illegal or intentional act affecting the accessibility, functionality, or the security of VSCO Workspace, or any illegal or intentional act against your interests or VSCO’s general business interests. This Arbitration Agreement applies, without limitation, to all disputes or claims and requests for relief that originated before the effective date of this Agreement or any prior version of this Agreement. You agree to this Arbitration Agreement as a condition of your use (or continued use) of VSCO Workspace every time it is changed or updated. 

Arbitration Rules and Forum. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”), including its procedural provisions, in all respects, applies to the interpretation and enforcement of this Arbitration Agreement. The following rules and procedures will apply to any arbitration proceeding brought under this Agreement:

  • Arbitrations will be administrated by NAM (defined below) in accordance with their Standard Rules and Procedures, except as modified by this Agreement. NAM’s Comprehensive Dispute Resolution Rules and Procedures are available at https://www.namadr.com/resources/rules-fees-forms/.
  • The arbitration will be conducted by a professional arbitrator(s) with substantial experience in resolving commercial disputes. The arbitrator will be selected pursuant to NAM’s standard rank and strike process as described in NAM’s Dispute Resolution Rules and Procedures.
  • If a claim seeks equitable relief (including injunctive relief), the parties agree to bifurcate the proceeding and rule on liability first, before conducting any proceedings (including discovery) related to the appropriate relief.
  • Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including but not limited to any documents prepared or produced in connection with the arbitration proceeding, the hearing, and/or the arbitration award, will be confidential and will not be disclosed to any third party, except to obtain court confirmation of any arbitration award as needed. 
  • The arbitration will occur through the submission of documents to one arbitrator. If the arbitrator determines that a hearing is necessary, the hearing will be conducted remotely by telephone or videoconference. If the arbitrator determines that an in-person hearing is necessary, the hearing will take place in a county in the United States where you reside or such other location agreed upon by both parties. 
  • Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it, including but not limited to any documents prepared or produced in connection with the arbitration proceeding, the hearing, and/or the arbitration award, will be confidential and will not be disclosed to any third party, except to obtain court confirmation of any arbitration award as needed.

Any judgment not satisfied on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Initiating an Arbitration Claim. To begin an arbitration proceeding after complying with the informal dispute resolutions provided above, you must send a Demand for Arbitration, including a copy of this Agreement and a description of your dispute to National Arbitration and Mediation at 990 Stewart Avenue, First Floor, Garden City, NY 11530 (“NAM”), with copies to (1) VSCO at disputes@vsco.co, and (2) our registered agent at CT Corp, 1209 Orange Street, Wilmington, Delaware, 19801. You must also provide a certification that you have complied with the informal dispute resolution provided above, signed by you and counsel who is representing you in the matter.

‍Arbitration Fees. If VSCO is initiating an arbitration against you, VSCO will pay all costs associated with the arbitration, including the entire filing fee. If you are initiating an arbitration against VSCO, you will be responsible for the nonrefundable initial filing fee. If, however, the amount of the initial filing fee is more than you would have to pay to file a complaint in the United States District Court for the Northern District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of San Francisco), VSCO will pay the difference between the initial filing fee and the amount you would have to pay to file a complaint in Court. VSCO will pay both parties’ administrative fee. Otherwise, NAM sets forth fees for its services, which are available at https://www.namadr.com/resources/rules-fees-forms/.

Authority of Arbitrator. NAM’s arbitrator(s) assigned to or chosen for your dispute will have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitration proceeding will decide each of your and VSCO’s rights and liabilities, if any. The arbitration proceeding will not be consolidated or joined with any other matters or parties. The arbitrator will have the authority to grant motions resolving any claim, to award monetary damages, and to grant any non-monetary remedy or relief available under applicable law, the arbitral forum’s rules, and this Agreement, including injunctive relief. The arbitrator will issue a written award and decision describing the essential findings and conclusions underlying any award, including the calculation of any damages. The award of the arbitrator is final and binding upon both you and VSCO.

Waiver of Jury Trial. You and VSCO both waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury, with the exceptions stated in this Arbitration Agreement. If for any reason a dispute proceeds in court rather than in arbitration, you and VSCO each waive any right to a jury trial. An arbitrator can award the same damages and relief as a court and must follow our Arbitration Agreement as a court would. 

Waiver of Class or Other Non-Individualized Relief. All disputes, claims, and requests for relief within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis. Only individual relief is available. Claims of more than one User cannot be arbitrated or consolidated with those of another User. If the arbitrator issues a decision that enforcement of these provisions is not applicable to a specific dispute, claim or request for relief, then only those specific issues will be removed and brought into the state or federal courts of the State of California.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt-out to opt-out@vsco.co, within 30 days after you create your Account or continue using your Account after receiving notice of this Arbitration Agreement. Maintaining your Account requires you to read and accept this Agreement and this Arbitration Agreement. Your notice must include your name and address, your VSCO username (if any), the email address used to set up your Account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement has no effect on any other agreements that you currently have with us, including the rest of this Agreement, or may enter in the future with us.

Batch Arbitrations. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar disputes within 90 days of each other, then you and VSCO agree that NAM will administer them in batches of up to 50 claimants each (“Batched Claims”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batched Claim. NAM will administer each Batched Claim as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batched Claim. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batched Claim, it will be severed and arbitrated in individual proceedings. This provision will in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances. 

‍Modification. Notwithstanding anything contrary in this Agreement, we agree that if we make any material change to this Arbitration Agreement, we will notify you. Your continued use of our Services, including the acceptance of the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes.

10. PUBLICITY

We may feature Users, including your corporate name and logo to identify you as a VSCO Workspace User, for marketing and promotional purposes, including on VSCO’s website and social media channels. You can opt out of this provision by making a clearly written request to be removed to legal@vsco.co. 

11. GENERAL

This section provides important legal information that you should review, including your agreement to receive electronic communications from us.

Assignment. You may not transfer or assign this Agreement, including any rights or licenses granted to you by this Agreement. We may assign or transfer this Agreement without restriction. 

Changes to the Agreement. This Agreement is subject to change at any time. If we make material changes to this Agreement, we will provide a new copy of the updated terms on VSCO Workspace or elsewhere on our Services. Any changes will be effective immediately for new Customers and effective for continuing Customers upon the earliest of: (a) 30 days after posting notice of such changes on VSCO Workspace; (b) 30 days after dispatch of an email notice or notice delivered through an in-app modal of such changes to you; or (c) your consent to the updated terms, if applicable. Your continued use of VSCO Workspace indicates your acceptance of any changes. If you do not agree to any changes after receiving a notice, don’t continue using VSCO Workspace or close your Account. Please regularly check this page to view the then-current terms.

Electronic Communications. By using VSCO Workspace, you agree to receive communications from us or our affiliated companies, including via electronic means. Texts, calls, or other messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. You consent to receive communications from VSCO in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications, such as messages delivered through in-app modals that VSCO provides to you electronically satisfy any legal requirement that we are communicating to you in writing. The foregoing does not affect your statutory rights. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the Unsubscribe options in the promotional email.

Governing Law and Venue. This Agreement and any related action will be governed and interpreted by and under the laws of the State of California, consistent with the FAA, other than conflict of laws principles. To the extent you and VSCO are permitted to initiate litigation in a court, you and VSCO both agree that all claims and disputes between you and VSCO will be litigated exclusively in the state or federal courts located in San Francisco County, California.

Notice. If we require that you provide an email address, you must provide us with your most current email address. If the last email address you provided to us is invalid or doesn’t deliver our notices, our notice is effective upon dispatch. You can give us notice at the following address: 548 Market Street, Suite 92958, San Francisco, California 94104-5401, Attn: Legal. Notice is effective upon our receipt of delivery by a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

‍Entire Agreement; Severability. This Agreement and our VSCO Terms of Use, together with any amendments and any additional agreements you may enter into with us in connection with VSCO Workspace, serve as the entire agreement between you and VSCO relating to VSCO Workspace. In the event of any conflict between the terms of this Agreement and the VSCO Terms of Use, this Agreement governs, solely with respect to the VSCO Workspace. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining valid provisions will be in full force and effect.

WHERE PHOTOGRAPHERS TURN PRO