Version 1.5 — Last updated: August 2026
By accessing, registering for, or using the Monochive platform ("Platform"), you ("User", "you", or "your") agree to be bound by these Terms of Use ("Terms"). This includes accessing the Platform to browse, request, purchase, or download photography through a shared access link, whether or not you hold a registered account. If you do not agree, you must not use the Platform. These Terms, together with our Privacy Policy, constitute a legally binding agreement between you and Monochive ("we", "us", or "our").
Platform: The Monochive website, application, and all associated services.
Photographer: A user who uploads, manages, and licenses photography through the Platform.
Collaborator: A user who browses, requests, purchases, and downloads licensed photography. A Collaborator may transact through an access link without registering an account; these Terms still apply.
Content: All photographs, images, and associated materials uploaded to the Platform.
Licence Agreement: The agreement governing the use of licensed photographs. Monochive provides a default Licence Agreement (the “Default Licence Agreement”), which applies to a Photographer's licences unless and until the Photographer edits their own Licence Agreement.
Licence Administration Fee: The fee charged by Monochive for operating the Platform, as described in Section 5.
Transaction: Any purchase, invoice, or licensing of photographs through the Platform.
Monochive operates as a technology and payment-facilitation platform. The licence to use any photograph is granted by the Photographer to the Collaborator. Monochive is not the licensor and is not a party to any Licence Agreement between a Photographer and a Collaborator. For card payments, payment is processed through our third-party payment provider and Monochive deducts its Licence Administration Fee. Except as expressly stated, Monochive is not:
Users are solely responsible for verifying rights, ensuring legal compliance, and performing due diligence before entering into any Transaction.
You must be at least 18 years of age to use the Platform. You must provide accurate and complete information when creating an account. You are responsible for:
Some functions, such as purchasing or downloading through an access link, may not require an account. Where you transact without one, these Terms still bind you.
Monochive reserves the right to suspend or terminate accounts at any time for violations of these Terms, fraudulent activity, non-payment, or misuse of the Platform.
All images uploaded to Monochive remain the intellectual property of the Photographer. Monochive does not claim ownership of any Content. By uploading Content, Photographers grant Monochive a limited, non-exclusive licence to:
This licence continues after termination only to the extent necessary to continue serving images that have already been licensed to a Collaborator and to maintain a record of completed Transactions.
When a Collaborator purchases a licence, the Licence Agreement as defined by the Photographer governs the permitted use. Collaborators may not resell, sub-license, or redistribute Content beyond what is explicitly permitted in the Licence Agreement.
Monochive provides a Default Licence Agreement, which is presented to each Photographer and applies to every licence they grant through the Platform unless and until they edit it. By accepting these Terms at registration, a Photographer adopts the Default Licence Agreement as their own licence terms and agrees to be bound by it for so long as they leave it unchanged. A Photographer who requires different terms is responsible for editing their Licence Agreement before sharing or selling images, and Monochive is not responsible for a Photographer's failure to do so. Monochive records the version of these Terms each Photographer accepts and the date of acceptance.
Monochive captures each Transaction as a fixed record of the relevant details as they existed at the date of purchase — including the invoice, the Licence Agreement, the licensee and company names, the image price, and the licensed images — and takes reasonable steps to preserve that record as the authoritative account of what was agreed. A completed Transaction is not altered by later changes. Where any user subsequently changes information on the Platform — for example, a Photographer renaming a project or client, editing their Licence Agreement or pricing, or updating their business or contact details, or a Collaborator correcting their name or company — those changes apply only from the time they are made and do not vary, replace, or apply retroactively to any earlier Transaction. The details recorded at the date of purchase govern that Transaction. To the maximum extent permitted by law, Monochive is not responsible or liable for any discrepancy, loss, or confusion arising from details that a user has changed after the date of purchase. Monochive records the information users enter and does not verify its accuracy; each user is responsible for the correctness of the information they provide, and to the maximum extent permitted by law Monochive is not responsible or liable for any information that has been entered incorrectly, inaccurately, or incompletely by a user.
Image pricing is set by each Photographer. In addition to the image price, Monochive charges a Licence Administration Fee, currently five percent (5%) of the image subtotal, for operating the Platform. This fee is added to the Collaborator's total at checkout and is shown as a separate line item. The Photographer receives one hundred percent (100%) of their listed price (the image subtotal plus any applicable GST); the Licence Administration Fee is retained by Monochive.
For card payments, the Licence Administration Fee is collected at the time of payment. For bank-transfer or invoice payments, the fee is recovered separately. The fee is calculated on the image subtotal before GST, and no GST is added to the fee itself. Monochive may change the Licence Administration Fee on reasonable notice.
All sales are final unless otherwise agreed by the Photographer, subject to your non-excludable rights under the Australian Consumer Law. Users are solely responsible for their own tax obligations, including GST, VAT, or any applicable sales tax.
Payments on the Platform are processed by Stripe, a third-party PCI-DSS-compliant payment processor. Photographers who accept payments must open and maintain a connected Stripe account and agree to the Stripe Connected Account Agreement and the Stripe Services Agreement. Credit card details are handled entirely by Stripe and are never received or stored by Monochive.
Monochive is not responsible for the acts or omissions of Stripe, or for funds held, processed, or disbursed by Stripe.
Any refund is a matter between the Photographer and the Collaborator. Because the Photographer receives the proceeds of a sale, the Photographer bears any refund, reversal, or chargeback on that sale, and the associated licence may be revoked upon refund. To the extent permitted by law, the Licence Administration Fee may be non-refundable. Monochive is not a party to, and is not responsible for resolving, any payment dispute between a Photographer and a Collaborator.
Users may not:
Monochive reserves the right to remove Content and terminate accounts that violate these standards, including in response to a complaint under Section 9, but has no obligation to monitor user activity.
Monochive does not verify Content ownership and gives no warranty that a Photographer holds the rights to any Content. If you believe that Content on the Platform infringes your intellectual property or other rights, contact us at support@monochive.com with details identifying the Content and the rights concerned. Monochive may remove or disable access to Content in response to a credible complaint, and may suspend or terminate the accounts of repeat infringers. Your recourse for any infringement is against the Photographer who uploaded the Content.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded (a "Non-excludable Guarantee"). To the extent that Monochive is able to limit its liability for a breach of a Non-excludable Guarantee, its liability is limited, at Monochive's option, to re-supplying the relevant services or paying the cost of having them re-supplied.
Subject to the paragraph above, the Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied. Monochive does not guarantee:
Subject to your Non-excludable Guarantees, and to the maximum extent permitted by law, Monochive is not liable for any indirect, incidental, special, or consequential damages, including loss of data, revenue, or business opportunity. Our total liability is limited to the lesser of platform fees received from you in the preceding 12 months, or $100 AUD.
You agree to indemnify and hold harmless Monochive from any claims, damages, losses, or expenses arising from:
This indemnity does not apply to the extent a claim is caused by Monochive's own breach of these Terms or negligence.
Monochive implements reasonable security measures to protect your data. However, we cannot guarantee complete data security. Users are solely responsible for maintaining their own backups of Content. Monochive is not responsible for data loss due to technical failures, security breaches, account termination, or any other cause.
Access to Content and archives is frequently provided through shareable access links, which act as access keys. Anyone who obtains such a link may be able to view or download the associated Content until that link is revoked or reset. You are solely responsible for keeping these links confidential and for controlling who they are shared with, forwarded to, or displayed in front of.
To the maximum extent permitted by law, Monochive is not liable for any unauthorised access to, or disclosure, exposure, or leak of, any data or Content, including where it results from a link being shared, forwarded, intercepted, republished, or otherwise disclosed by any user or third party, from a user’s failure to safeguard their credentials or access links, or from any security incident on systems outside our reasonable control. This limitation does not exclude any liability that cannot be excluded under applicable law.
You may close your account at any time by contacting support. Deletion may be blocked while you have pending or unreleased orders, until those are settled. Monochive may suspend or terminate your account immediately and without notice if you violate these Terms. Upon termination:
Upon account deletion, your personal information, unlicensed projects, and uploaded images will be removed within a reasonable period, up to 30 days. However:
This retention is necessary to protect the rights of Collaborators who have paid for and received licences, and to maintain a verifiable record of all completed Transactions.
Disputes between Users (including between Photographers and Collaborators) must be resolved directly between those parties. Monochive is not obligated to mediate or resolve any dispute. For any dispute with Monochive, the parties will first attempt to resolve it in good faith. If the dispute is not resolved within 30 days, it may be referred to the courts of Victoria, Australia, in accordance with the Governing Law section below.
Monochive may modify these Terms at any time. Changes are effective immediately for new users. Existing users will be given 30 days' notice of material changes. Continued use of the Platform after changes constitutes acceptance of the revised Terms. The current version and date are always posted at the top of this page.
Monochive is provided on an “as is” and “as available” basis. We reserve the right to modify, suspend, or discontinue the Platform, in whole or in part, at any time and without prior notice or liability. While we will make reasonable efforts to communicate significant changes in advance, we do not guarantee uninterrupted access to the Service. Users are responsible for maintaining their own copies of any Content uploaded to the Platform.
These Terms are governed by the laws of Victoria, Australia. Any legal proceedings shall be conducted in the courts of Victoria, Australia.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Monochive. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Monochive. If any provision is found to be unenforceable, the remaining provisions remain in full force. No waiver of any provision shall constitute a continuing waiver. You may not assign your rights under these Terms without our consent. We may send you notices by email to the address associated with your account or order.
These Terms are offered by [LEGAL ENTITY NAME], ABN [ABN], [REGISTERED / POSTAL ADDRESS].
For questions about these Terms, contact support@monochive.com
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