Tellory - Photo Submission Terms & Conditions

Effective Date: December 19, 2025

These Content Submission Terms (“Terms”) form a legally binding agreement between Sky Holdings 2030 Inc. d/b/a Tellory (“Company,” “Tellory,” “we,” or “us”) and each individual or entity (“you,” “your,” or “Contributor”) who uploads, transmits, records, posts, or otherwise submits photographs, images, videos, text captions, testimonials, case details, before-and-after depictions, or related materials (collectively, “Content”) through Tellory’s digital ecosystem, including the Tellory mobile application, website and any affiliated or successor media channels (collectively, the “Platform”).

By selecting “I Agree,” checking a consent box, or submitting Content through or for publication on the Platform, you acknowledge and agree that such action constitutes your legally binding electronic signature to these Terms under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any equivalent electronic-signature laws applicable in your jurisdiction.

You further agree that:
- Tellory may rely on your electronic acceptance as valid and enforceable evidence of consent;
- Tellory may record and retain details of your acceptance, including the date, time, IP address, device or browser information, and the specific version of these Terms presented at the time of assent; and
- such records, when produced in any judicial, regulatory, or administrative proceeding, shall be admissible and deemed conclusive proof of your agreement, without the need for any physical or handwritten signature.

For submissions made by professionals, clinics, or entities, the individual completing the action represents and warrants that they are duly authorized to bind such entity to these Terms.By submitting any Content, you further confirm that you have read, understood, and agree to be bound by these Terms, together with Tellory’s Terms of Service (the “T&C”), Privacy Policy, and any other policies expressly incorporated therein. In the event of any inconsistency between the definitions in these Terms and the T&C, the definitions in these Terms shall prevail with respect to Content submissions.

1. Eligibility and Compliance

For purposes of these Terms, a “Professional” or “Provider” means any licensed medical, wellness, or aesthetic practitioner, clinic, or authorized representative submitting Content in a professional capacity.

By submitting any Content through the Platform, you represent, warrant, and covenant to Tellory that:

1.1 Capacity and Authority

By submitting Content to Tellory, you represent and warrant that you:are at least eighteen (18) years old and have the authority to enter into these Terms;are either the individual depicted in the Content or an authorized representative of the professional, clinic, or business submitting it;have obtained all necessary permissions and consents from anyone appearing in the Content; andare submitting truthful, accurate, and lawfully obtained material that complies with applicable advertising, privacy, and medical communication laws.

2. Provider obligations, Consents and Legal Compliance

If you are a medical, wellness, or aesthetic services provider (or an authorized representative submitting on behalf of one), you represent, warrant, and covenant to Tellory that you comply with the following obligations at all times:

2.1 Accuracy & Restrictions

You are solely and continuously responsible for ensuring that all Content you submit:avoids unlawful comparative claims, exaggerated or unsubstantiated efficacy statements, and deceptive before-and-after depictions;does not misrepresent credentials, qualifications, or outcomes; andaccurately reflects real results obtained under legitimate, verifiable conditions.If any individual depicted in the Content revokes consent, withdraws authorization, or disputes the use of their likeness, you must notify Tellory in writing within five (5) business days and clearly identify the affected Content for prompt removal.

2.2 Patient Consent and Compliance Responsibility

To the best of your knowledge and belief, the Content you submit complies with applicable privacy, advertising, and health-data laws, including the U.S. Health Insurance Portability and Accountability Act (HIPAA), EU General Data Protection Regulation (GDPR), and any equivalent local regulation. 

You confirm that, to the best of your knowledge:
The creation and submission of the Content do not violate any law, regulation or third-party right, and nothing in the Content makes its use or distribution by Tellory unlawful;Any individual who appear in the Content have provided appropriate consent or authorization under applicable law, and such consent has not been withdrawn to your knowledge;
Any personal or health information has been properly handled or de-identified in accordance with legal requirements; andYou will promptly notify Tellory if you become aware of any claim, objection, or revocation of consent affecting the Content.Tellory relies on these good-faith representations and does not independently verify the legality of each submission. In the event of a dispute or complaint concerning the Content, you agree to cooperate with Tellory in addressing and resolving the issue in good faith.

3. Ownership, Consent, and License of Content

3.1 Scope and Definition

These provisions govern all Content submitted, recorded, uploaded, or transmitted through the Tellory Platform, mobile application, or affiliated communication tools (including integrated camera or file-upload features).Content may be submitted by medical or wellness professionals, clinics, brand partners, or individual users. All obligations and representations in this Section apply to any such submission, regardless of whether the Content is professional, editorial, or promotional in nature. Submission of Content is entirely voluntary and does not create any obligation of confidentiality, review, or compensation on the part of Tellory. Tellory’s decision to host or display any Content shall be at its sole discretion and may be withdrawn at any time without notice.

3.2 Ownership and Rights

You represent, warrant, and covenant that you are the sole creator and lawful owner of the Content (or otherwise hold and control all rights, title, licenses, consents, and permissions necessary to authorize Tellory’s use of it). All ownership, title, and intellectual-property rights in and to the Content remain with you, subject only to the irrevocable license granted to Tellory. You further waive any moral rights or rights of attribution to the extent permitted by law, and acknowledge that Tellory has no obligation to attribute, credit, or identify you in connection with its use of the Content. Tellory shall not be responsible for verifying your ownership or rights, and you agree to defend and indemnify Tellory against any claim alleging infringement or misappropriation arising from your submission

3.3 Prohibited Material

Content submitted must not:infringe, misappropriate, or violate any copyright, trademark, trade-secret, privacy, or publicity right;contain defamatory, obscene, pornographic, threatening, deceptive, or otherwise unlawful material;include malware, viruses, worms, or other malicious code; orimpersonate any person or entity or misstate your affiliation with any organization.Tellory reserves sole discretion to determine whether Content violates this Section or the spirit of these Terms. Tellory’s determination regarding the permissibility of Content shall be final and binding, and Tellory shall incur no liability for removing or disabling access to Content it deems non-compliant. 

3.4 License Grant to Tellory

By submitting Content, you grant Tellory a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and adapt your Content for so long as it appears on the Platform or in Tellory-related marketing.Tellory may use your Content to:host, display, and adapt it (e.g., resizing, light editing, captioning) for clarity or formatting;combine it with other media for editorial, promotional, or educational purposes; andpromote the Platform, Tellory brand, or related Services across Tellory-controlled channels (including website, app, email, and verified social accounts).Tellory will not sell or sublicense your Content to unrelated third parties without your written consent and will not alter clinical or factual outcomes.You keep ownership of your Content and may use or license it elsewhere, provided such use doesn’t imply endorsement by Tellory. If you later remove or withdraw your Content, Tellory may retain archival or compliance copies but will cease using it in new marketing or editorial materials.You waive any right to review or approve Tellory’s permitted uses, and you acknowledge that no additional compensation is owed unless otherwise agreed in writing.

3.6 Responsibility for Content

You are solely responsible for all Content you create, upload, or submit through the Platform, including its accuracy, legality, and compliance with professional, advertising, and privacy standards. By submitting Content, you confirm that it reflects real experiences and results, does not mislead, and complies with all applicable medical, consumer-protection, and ethical regulations. Tellory does not verify or endorse any statements, opinions, or representations contained in user-submitted Content, and publication on the Platform does not constitute approval or validation. Tellory may remove or restrict any Content that appears inaccurate, noncompliant, or misleading. If a regulatory authority or individual raises a concern about your Content, you agree to cooperate with Tellory in resolving the matter promptly and in good faith.

3.7 Data Security and Retention

Tellory implements commercially reasonable administrative, technical, and physical safeguards designed to protect Content and personal data against unauthorized access, loss, or misuse. However, no online platform can guarantee absolute security, and you acknowledge that transmissions are subject to inherent risks. Tellory retains Content and related data for as long as necessary to fulfill the purposes described herein or to comply with legal obligations, after which it may be securely deleted or de-identified. Tellory may engage trusted third-party processors (external vendors providing hosting, analytics, storage, or security services under written data-processing agreements ensuring equivalent privacy and security safeguards).

4. Professional Participation and Responsibilities


4.1 Professional Responsibility

Each Professional Contributor is solely responsible for ensuring that their participation, statements, and materials comply with:all applicable medical and advertising laws;professional-licensing board rules, scope-of-practice limits, and ethical standards; andtruth-in-advertising obligations enforced by the FDA, FTC, or equivalent agencies.Each Professional Contributor is responsible for ensuring their participation and materials comply with applicable medical and advertising laws and ethical standards. Any act that violates these standards constitutes professional misconduct under these Terms. Tellory may edit, limit the visibility of, or decline to publish any submission it deems non-compliant, inaccurate, or unethical. You agree to cooperate with Tellory in responding to any inquiry, complaint, or regulatory request arising from your submissions or professional representations.

4.2 Participation Terms and Fees

During Tellory’s initial “early-access” phase, participation may be free of charge. Tellory may introduce paid features, premium listings, or subscription plans upon thirty (30) days’ notice via the Platform or email. Such paid offerings may be governed by additional terms and will automatically renew until canceled. Fees are non-refundable except where required by law. Participation does not guarantee exposure, leads, or revenue. Tellory reserves the right to modify, suspend, or terminate any program, feature, or payment plan at any time, with or without notice, and shall incur no liability for such changes. You are solely responsible for any taxes, levies, or reporting obligations arising from your participation. Participation, ranking, or visibility within the Platform is determined by Tellory’s algorithms and editorial discretion and shall not be construed as an endorsement or contractual guarantee of exposure or revenue.

4.3 No Agency or Employment Relationship

Participation or collaboration with Tellory does not create any partnership, joint venture, employment, endorsement, or agency relationship between Tellory and any Contributor, clinic, or brand. No party shall hold itself out as having authority to bind Tellory. Tellory is not liable for any act, omission, or representation made by a Contributor. Nothing in these Terms shall be interpreted as creating a fiduciary, employment, or franchisor-franchisee relationship. You shall not use Tellory’s trademarks, logos, or branding without prior written permission, and any approved use must comply with Tellory’s Brand Guidelines as updated from time to time.

4.4 Representations 

By joining or contributing to Tellory, you represent and warrant that all information you provide is truthful, current, and not misleading, and that you hold all required professional licenses, certifications, and approvals.You agree to cooperate fully with Tellory in the defense or settlement of any claim and acknowledge that Tellory retains exclusive control over the selection of counsel and settlement decisions. Tellory expressly disclaims liability for any loss, injury, or damage, whether direct, indirect, incidental, consequential, or punitive, arising from user reliance on, or interaction with, Professional Contributors featured on the Platform.You further agree that your indemnification obligations extend to any regulatory investigations, administrative penalties, or governmental fines imposed as a result of your conduct or submissions.

4.5 Mutual Indemnification

Each party (the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party, its affiliates, officers, directors, employees, contractors, and agents (the “Indemnified Party”) from and against any third-party claim, demand, loss, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising out of or related to the Indemnifying Party’s breach of these Terms, the Indemnifying Party’s violation of applicable law; or with respect to Contributors, any allegation that the Content infringes or misappropriates another person’s intellectual-property, privacy, or publicity rights, or that necessary consents or permissions were not obtained.

The Indemnified Party must promptly notify the Indemnifying Party of any claim and reasonably cooperate in its defense at the Indemnifying Party’s expense. The Indemnifying Party may not settle any claim without the Indemnified Party’s prior written consent if the settlement imposes any obligation or liability on the Indemnified Party or affects its rights.This mutual indemnity survives Content removal, account termination, or expiration of these Terms.

5. Moderation, Takedown, and Complaints

5.1 Moderation

Tellory strives to maintain a safe, truthful, and positive environment for its community. While Tellory is not obligated to monitor every submission, it reserves the right to review, edit, restrict, or remove any Content at its discretion if it:violates these Terms, Tellory’s Terms of Service, or applicable law; infringes the rights, privacy, or safety of others; contains misleading, unsafe, or unethical information; or is otherwise inconsistent with Tellory’s editorial standards or community values.

Tellory may act on reports or complaints from users, regulators, or third parties and may take reasonable steps,  such as disabling access, requesting clarification, or referring issues to appropriate authorities, when warranted.Removal or review of Content does not imply endorsement, approval, or ongoing monitoring. Tellory’s good-faith decisions under this Section are final and do not create an obligation to screen or supervise future submissions.

5.2 Notice and Procedure for Complaints

If you believe that any Content displayed on the Platform infringes your rights or otherwise violates these Terms, you may submit a written takedown request (also referred to as a “complaint”) to partnerships@tellory.com , specifying:your full name and contact information;a clear description and URL (or equivalent identifier) of the material at issue;the legal or factual basis of your claim (e.g., copyright ownership, privacy violation, consent withdrawal); anda sworn statement that the information provided is accurate and made in good faith.Tellory may require verification of identity or supporting documentation before acting on any request. Unsubstantiated or fraudulent notices may result in account suspension or referral to legal authorities. Tellory reserves the right to reject, disregard, or take appropriate action, including suspension of accounts or referral to competent authorities, against any party that knowingly submits false, misleading, or abusive complaints or takedown notices. Repeated or bad-faith submissions may result in termination of Platform access and legal action to recover damages or costs incurred by Tellory.

5.3 Takedown and Counter-Notice Procedure

Tellory will make commercially reasonable efforts to investigate all substantiated complaints received under Section 5.2 within a reasonable time, consistent with applicable laws (including DMCA or GDPR timelines). Where appropriate, Tellory may remove or disable access to disputed Content, notify the submitting Contributor, and, if applicable, offer an opportunity to respond.Tellory will make good-faith efforts to review takedown requests and, where appropriate, notify affected Contributors.

6. Compensation and Promotional Leads6.1 No Compensation or Revenue Rights

Your participation is voluntary and does not create an expectation of payment. From time to time, Tellory may offer optional incentives, which are discretionary and not tied to employment or partnership.

6.2 Promotional Leads and Courtesy Referrals

From time to time, Tellory may, at its sole discretion, provide “courtesy” leads, inquiries, or promotional exposure to selected Contributors (for example, during launch phases, pilot programs, or marketing campaigns). Such forwarding of user inquiries or visibility opportunities:is optional and revocable at any time;does not guarantee a particular volume, quality, or conversion rate of leads;does not constitute a commercial referral service or marketplace transaction; andmay be modified, suspended, or discontinued without notice.Any resulting engagement, service, or transaction between you and a user referred through the Platform is strictly between you and that user. Tellory is not a party to such interactions and assumes no responsibility or liability for communications, bookings, payments, or disputes arising therefrom. Tellory does not operate as a referral or matching service and receives no compensation for leads

.7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

Tellory does not provide medical advice or verify professional submissions. The Platform is provided ‘as is’ without warranties of any kind.

7.2 Limitation of Liability

To the maximum extent permitted by law, neither Tellory nor its parent company (Sky Holdings 2030 Inc.), affiliates, officers, employees, contractors, agents, or licensors shall be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to these Terms, the Platform, or any submitted Content. Tellory’s total liability shall not exceed the greater of (a) the amount you have received from Tellory for the Content, or (b) the minimum amount required by applicable law.”Tellory’s responsibility under these Terms is limited solely to the extent expressly stated herein. Any additional liability, including for lost profits, reputational harm, or third-party claims, is hereby excluded to the fullest extent permitted by law.

7.3 Assumption of Risk and Waiver

By submitting or authorizing publication of Content, you acknowledge that such dissemination carries inherent privacy, reputational, and interpretive risks. You voluntarily assume all such risks and waive any claim against Tellory arising from third-party misuse, reposting, misinterpretation, or unauthorized distribution of your Content in accordance with these Terms. Tellory does not guarantee the ability to permanently remove or prevent third-party republication of Content once publicly displayed.

8. Governing Law, Venue, and Arbitration

8.1 Governing Law

These Terms, and any dispute, controversy, or claim arising out of or relating to them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without giving effect to any choice-of-law or conflict-of-law rule that would result in the application of laws of any other jurisdiction. The Federal Arbitration Act (9 U.S.C. §§ 1-16) shall govern the interpretation and enforcement of the arbitration provisions set forth below.

8.2. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through binding individual arbitration administered by JAMS under the Federal Arbitration Act (9 U.S.C. §§ 1–16).

The arbitration will be conducted in New York County, New York, in English, before a single neutral arbitrator in accordance with JAMS’ Streamlined Arbitration Rules and Procedures.
The proceedings will be confidential, and the arbitrator’s decision will be final and binding, subject to any limited review permitted by law.You and Tellory each waive the right to a jury trial and agree that all claims must be brought individually, not as part of any class, collective, or representative action.

If a court determines that the class waiver is unenforceable, this arbitration clause shall not apply, and such disputes shall instead be resolved in the state or federal courts of New York County, New York.Either party may bring qualifying claims in small claims court in New York County or in the jurisdiction where you reside, provided those claims remain within the court’s jurisdictional limits.

Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent unauthorized use or disclosure of intellectual property or confidential information.Each party will bear its own attorneys’ fees and costs, except as the arbitrator may award under applicable law or JAMS rules. Tellory will pay any required consumer arbitration filing fees to the extent mandated by law.You may opt out of this arbitration provision by sending written notice to partnerships@tellory.com within thirty (30) days of your first submission of Content or use of the Platform. Opting out will not affect any other provisions of these Terms.Any arbitration award may be recognized and enforced in any jurisdiction where the other party or its assets are located, and both parties irrevocably waive any objection based on jurisdiction, venue, or forum non conveniens.This Section survives termination of your account or withdrawal of Content and remains binding on both parties.You and Tellory agree that all claims must be brought individually, and not as part of any class, collective, or representative action. If the class waiver is held unenforceable, the arbitration provision shall not apply in that jurisdiction, and disputes shall instead be resolved in the state or federal courts of New York County, New York.

8.3 Informal Dispute Resolution

Before initiating arbitration or court proceedings, you and Tellory agree to attempt in good faith to resolve any dispute informally. To initiate this process, the complaining party must send a written “Notice of Dispute” identifying the complainant’s name, contact information, a detailed description of the dispute, and the specific relief sought, to partnerships@tellory.com If the dispute is not resolved within thirty (30) days after receipt of such notice, either party may initiate confidential arbitration as described below.

8.4 Opt-Out Option

You may choose to opt out of the arbitration provisions of this Section by sending a written notice of your decision to opt out within thirty (30) days of your first use of the Platform or submission of Content. The notice must be sent to partnerships@tellory.com Your opt-out will not affect other provisions of these Terms. By not opting out, you agree to resolve disputes exclusively through binding arbitration as provided herein.

8.5 Cross-Border Enforcement

Any arbitral award or judgment obtained by Tellory may be recognized and enforced in any jurisdiction where the Contributor or its assets are located. The Contributor irrevocably waives any objection to such recognition or enforcement based on jurisdiction, venue, or forum non conveniens.

8.6 Force Majeure

Tellory shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, internet or hosting outages, cyberattacks, labor disputes, governmental actions, or acts of God. Performance shall resume as soon as practicable once the event subsides.

9. Modifications and Updates

9.1 Right to Modify

Tellory reserves the right, at its sole discretion and at any time, to amend, update, or replace these Terms, in whole or in part, to reflect changes in law, operational practices, product features, or business requirements. Such revisions may include additions, deletions, or clarifications that Tellory deems necessary or appropriate to maintain legal compliance and the integrity of the Platform.

9.2 Notice of Changes

Tellory will provide notice of material updates by posting the revised version of these Terms within the Platform or on the Tellory website, accompanied by an updated “Effective Date” at the top of the document. At Tellory’s discretion, additional notice (such as email, push notification, or in-app alert) may be provided for significant changes affecting your rights or obligations; however, such additional notice is not a condition for the updates to take effect.

9.3 Effective Date and Scope of Application

All revisions become effective upon posting, unless otherwise stated in the notice.
Material modifications apply prospectively only to Content submitted or activities undertaken after the effective date of the update; prior submissions remain governed by the version of the Terms in effect at the time of submission. Non-material updates, clarifications, or administrative corrections may apply immediately upon posting.

9.4 Acceptance of Updates

Your continued use of the Platform, submission of Content, or participation in any related program after the updated Terms have been posted constitutes your binding acceptance of the revised terms. If you do not agree to the updated version, you must cease submitting Content and discontinue participation immediately. Continued engagement following the update will be deemed conclusive evidence of consent.

9.5 No Waiver of Prior Terms
The posting of an updated version does not constitute a waiver or release of any rights, obligations, or breaches arising under prior versions. Tellory retains all rights and remedies available for conduct that occurred before the effective date of the modification.

10. Notices and Contact Information

10.1 Notices and Communications

Tellory may provide all notices, disclosures, and other communications (“Communications”) electronically, including by email, in-Platform message, or posting on the Tellory website or dashboard. All such Communications are deemed “in writing” and legally effective under ESIGN, UETA, and equivalent e-signature laws.You must maintain an accurate email address and contact information and ensure that messages from @tellory.com are not blocked or filtered. Tellory is not responsible for delivery failures caused by inaccurate or outdated information.Formal legal notices, including notices of dispute, arbitration, data-subject requests, or alleged infringement, must be sent to partnerships@tellory.com Notices are deemed received: (i) upon email transmission if no delivery failure notice is returned; (ii) five (5) business days after certified or registered mailing; or (iii) immediately upon in-Platform posting.All communications shall be in English; translations are for convenience only, and the English version shall prevail.

10.2 Communications and Marketing

Tellory may send you important administrative, legal, compliance, and security updates electronically, including by email, in-Platform messages, or notices posted within your account. These communications form part of your relationship with Tellory and are deemed delivered upon transmission, regardless of whether you open or read them.By creating an account, submitting Content, or providing contact information, you consent to receive informational and promotional communications from Tellory regarding its products, features, updates, events, and offers, in accordance with applicable marketing laws. You may opt out of marketing emails at any time by clicking the “unsubscribe” link included in each message or by contacting hello@tellory.com.Opting out of marketing messages will not affect your receipt of transactional, security, or legal notices that are necessary for your account or participation in the Platform.

10.3 Severability & Entire Agreement

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.These Terms, together with the T&C and Privacy Policy, constitute the entire agreement between you and Tellory regarding Content submissions and supersede all prior or contemporaneous understandings or communications on the subject. Neither party may assign or transfer these Terms without the prior written consent of the other, except that Tellory may assign them to an affiliate or successor (including any entity resulting from merger, acquisition, or corporate reorganization involving Tellory or its parent company) in connection with a merger, acquisition, or sale of assets. These Terms confer no rights or remedies upon any third party.

11. Survival

11.1 Continuing Effect of Obligations

Termination, expiration, or withdrawal of Content (meaning permanent removal of your Content from public display on the Platform), whether by you or by Tellory, shall not affect or discharge any rights or obligations of either party that: accrued prior to such termination;expressly or by their nature are intended to survive; orrelate to ongoing confidentiality, intellectual property, compliance, or liability limitations.

11.2 Surviving Provisions

Without limiting the foregoing, Sections 1 through 11 (inclusive) shall expressly survive termination or withdrawal of Content and shall remain in full force and effect.In addition, all representations, warranties, indemnification obligations, releases, waivers, and license grants made by you under these Terms shall remain binding and enforceable according to their terms, notwithstanding any termination or withdrawal of your Content.

11.3 No Waiver of Prior Breach

The removal of Content, closure of an account, or termination of participation shall not waive or limit Tellory’s right to pursue remedies for any breach, violation, or infringement that occurred prior to termination.