Terms of service

PETITE PROGRESS TERMS OF USE / TERMS OF SERVICE

Last Updated: January 23, 2026

These Terms of Use / Terms of Service (the “Terms”) govern your access to and use of the Petite Progress website located at https://www.petiteprogress.com (the “Website”) and the Petite Progress online ordering application located at https://petiteprogress.com/apps/petiteprogress (the “App”), together with any related content, tools, software, features, and services (collectively, the “Services”).

The Services are owned and operated by Home And Tower Life LLC (“Home And Tower,” “we,” “us,” or “our”). Petite Progress is a brand and trademark owned by Home And Tower Life LLC.

Contact

All inquiries may be directed to:

HOME AND TOWER LIFE LLC
8350 NW 52ND TER
STE 301-1023, MIAMI, FL 33166, USA
Email: info@homeandtower.com

1) Acceptance of These Terms

By accessing or using the Services, you agree to be bound by these Terms and any policies referenced in them (including, without limitation, any privacy, refund, shipping, or acceptable use policies posted on the Services, if any). If you do not agree, do not use the Services.

You represent that you are at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering into these Terms. If you are using the Services on behalf of a business or other entity, you represent you have authority to bind that entity.

2) Changes to These Terms

We may update or modify these Terms at any time, in our sole discretion, without prior notice, to the fullest extent permitted by law. The “Last Updated” date above indicates when these Terms were last revised. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

3) Description of Services (Photo Printing)

Petite Progress provides an online photo printing service. Users may upload digital images and place orders for printed photo products (such as photo prints in various sizes and finishes) and related services.

We may use third-party service providers (e.g., hosting providers, payment processors, printing partners, shipping carriers, fraud-prevention vendors) to provide the Services.

We reserve the right to refuse service, cancel orders, or limit quantities at any time for any lawful reason, including suspected fraud, policy violations, unlawful content, or operational limitations.

4) Accounts, Security, and Responsibility for Activity

You may be required to create an account to use certain features. You agree to:

  • Provide accurate information;

  • Maintain and promptly update your information;

  • Keep your login credentials confidential; and

  • Accept responsibility for all activity that occurs under your account (whether or not authorized by you).

If you believe your account has been compromised, notify us immediately. We are not responsible for losses caused by unauthorized access to your account, to the fullest extent permitted by law.

No third party may access, manage, or modify another user’s account or preferences without that user’s authorization.

5) Orders, Pricing, Payment, Taxes

5.1 Order Acceptance

Your order is an offer to purchase. We may accept, reject, or cancel any order in our sole discretion, to the fullest extent permitted by law.

5.2 Pricing and Errors

Prices, product availability, and promotions may change at any time. We are not responsible for typographical errors. If a pricing or listing error occurs, we may cancel the order and refund any amounts paid.

5.3 Payment

You authorize us (and our payment processors) to charge your selected payment method for your purchase, including applicable taxes, shipping, and fees.

5.4 Taxes

You are responsible for all taxes, duties, and governmental assessments, where applicable.

6) Shipping, Delivery, and Risk of Loss

Shipping and delivery timelines are estimates only and are not guaranteed. We are not liable for delays caused by carriers, weather, customs, supply issues, or other factors beyond our control.

Risk of loss and title transfer to you may occur upon our tender of the products to the carrier, to the fullest extent permitted by law (or as otherwise required by applicable law).

7) Custom Products, Quality, Cropping, and Color Variation

Printed photo products are customized based on your selections and uploaded content. You acknowledge and agree:

  • Cropping / Borders / Aspect Ratio: Previews are guides; minor differences may occur. You are responsible for ensuring your selections are correct.

  • Color / Brightness Variation: Colors may appear differently on different screens and may print differently than displayed due to screen settings, paper type, printing processes, lighting, and other variables.

  • Image Quality / Resolution: You are responsible for the resolution and quality of uploaded images. We are not responsible for pixelation, blur, compression artifacts, or poor print outcomes caused by the source file.

8) Returns, Refunds, Reprints

Because items are custom-made, all sales are final except where required by law or where we choose (in our sole discretion) to offer a remake, reprint, store credit, or refund.

If you receive a product that is materially defective or materially different from the order specifications due to our error, you must contact us within a reasonable time and provide supporting information (e.g., photos of the issue). We may require return of the item or additional verification. Any remedy (if provided) is at our discretion to the fullest extent permitted by law.

9) Your Photos and Uploaded Content (“User Content”)

9.1 You Retain Ownership; Limited License to Operate the Service

You retain ownership of your photos and other content you upload (“User Content”). However, by uploading User Content or placing an order, you grant Home And Tower and its service providers a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, modify (solely for technical processing such as formatting, resizing, color management, layout, and printing), and otherwise use your User Content only as necessary to:

  • Provide the Services;

  • Fulfill and ship your order;

  • Provide customer support;

  • Prevent fraud/abuse; and

  • Maintain, secure, and improve the Services.

We do not sell your photos and we do not publish your photos for marketing or advertising without your explicit affirmative consent (for example, via a separate written agreement or an explicit opt-in mechanism), except as required by law.

9.2 You Are Responsible for Rights, Permissions, and Legality

You represent and warrant that:

  • You own all rights necessary to upload and print the User Content; or

  • You have obtained all necessary permissions, licenses, releases (including model/property releases if needed), and legal authority to upload and print the User Content; and

  • Your User Content does not violate any law or the rights of any person or entity (including copyright, trademark, privacy, publicity, or other rights).

9.3 Prohibited Content and Use

You agree not to upload, submit, order, or attempt to print any content that is unlawful, abusive, exploitative, or otherwise prohibited, including content that:

  • Violates intellectual property rights;

  • Infringes privacy or publicity rights or contains personal data of others without lawful basis/consent;

  • Is defamatory, harassing, threatening, or hateful;

  • Is obscene or pornographic;

  • Contains child sexual abuse material (CSAM) or any sexual content involving minors (zero tolerance);

  • Promotes violence or illegal activity; or

  • Contains malware, viruses, or harmful code.

We may (but have no obligation to) review, block, refuse, remove, or report content, and we may cooperate with law enforcement where required or permitted.

9.4 Storage, Retention, and Deletion of Photos (No Instant Deletion)

You acknowledge that:

  • We do not promise immediate deletion of User Content.

  • Your User Content may be retained for operational reasons (e.g., order fulfillment, reprints, customer support, backups, caching, legal compliance, dispute resolution, fraud prevention).

  • Even if you delete content or request deletion, copies may remain in backups or logs for a period of time.

You are solely responsible for maintaining your own backups of all photos and files. The Services are not a photo storage or backup service.

9.5 Security, Leaks, and Unauthorized Access (Risk Allocation)

We may implement security measures we deem appropriate; however, no system can be guaranteed 100% secure.

To the fullest extent permitted by applicable law:

  • You acknowledge and accept the risk that User Content and data may be accessed, disclosed, altered, or destroyed due to unauthorized access, hacking, malware, viruses, attacks, errors, third‑party actions, misconfigurations, or other security incidents.

  • Home And Tower and its Affiliates are not responsible or liable for any such unauthorized access, disclosure, loss, or compromise of User Content or user data, regardless of the cause, including cyberattacks, viruses, trojans, ransomware, or other malicious activity.

Where applicable law does not allow certain disclaimers or limitations, our responsibility (if any) will be limited to the minimum extent required by law.

10) Acceptable Use (No Abuse, No Attacks, No Scraping)

You agree not to:

  • Reverse engineer, decompile, or attempt to extract source code;

  • Circumvent security features or access restricted areas;

  • Use bots, scrapers, spiders, or automated means to access the Services without our written permission;

  • Interfere with or disrupt the Services or servers;

  • Upload malware or attempt to probe, scan, or test vulnerabilities; or

  • Use the Services for illegal or abusive purposes.

We may suspend or terminate access immediately for any suspected violation.

11) Intellectual Property (Our Content)

All content on the Services other than User Content (including design, text, graphics, logos, button icons, images, product listings, software, and compilation) is owned by Home And Tower or licensed to us and is protected by intellectual property laws.

You may not copy, reproduce, distribute, publicly display, modify, create derivative works from, or otherwise exploit our content without our prior written consent.

Petite Progress and related marks are trademarks of Home And Tower Life LLC. Unauthorized use is prohibited.

12) Copyright Infringement (DMCA Notice)

We respect intellectual property rights. If you believe content on the Services infringes your copyright, send a DMCA notice to our designated agent with:

  1. Identification of the copyrighted work claimed to be infringed (or a representative list if multiple works);

  2. Identification of the infringing material and information reasonably sufficient to locate it;

  3. Your contact information (address, telephone number, and email if available);

  4. A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;

  5. A statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and

  6. Your physical or electronic signature.

DMCA Agent:
HOME AND TOWER LIFE LLC
8350 NW 52ND TER
STE 301-1023, MIAMI, FL 33166, USA
Email: info@homeandtower.com

We may remove or disable access to allegedly infringing material and may terminate repeat infringers, as appropriate.

Counter-Notification

If your material was removed due to a DMCA notice and you believe it was removed by mistake or misidentification, you may send a counter-notice including:

  • Your signature;

  • Identification of the removed material and where it appeared before removal;

  • A statement under penalty of perjury that you have a good-faith belief removal was a mistake or misidentification; and

  • Your name, address, and telephone number, plus a statement that you consent to the jurisdiction of the Federal District Court for the judicial district where you are located (or if outside the U.S., to a federal court in the district where we are located) and that you will accept service from the person who submitted the original notice.

We will forward valid counter-notices to the original complainant as required by law.

13) Feedback and Submissions

If you send suggestions, ideas, feedback, or other materials (collectively “Feedback”), you agree that:

  • Feedback is not confidential; and

  • We may use, reproduce, disclose, and exploit Feedback for any purpose without compensation or obligation to you.

You represent you have the right to submit the Feedback and that it does not violate any third-party rights.

14) Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL CONTENT AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR‑FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

15) Limitation of Liability (Maximum Protection)

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOME AND TOWER LIFE LLC, OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR PRODUCTS.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOME AND TOWER AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY:

  • UNAUTHORIZED ACCESS, HACKING, DATA BREACH, LEAK, THEFT, OR ALTERATION OF USER CONTENT OR USER DATA;

  • BUGS, VIRUSES, TROJAN HORSES, MALWARE, RANSOMWARE, OR SIMILAR;

  • SERVICE INTERRUPTIONS OR TRANSMISSION ERRORS; OR

  • DAMAGES RESULTING FROM USER CONTENT, INCLUDING PRINTING CONTENT YOU UPLOADED.

TOTAL LIABILITY CAP: To the fullest extent permitted by applicable law, the total liability of Home And Tower and its Affiliates for any claim shall not exceed the lesser of (a) USD $100 or (b) the total amount you paid to us for the specific order giving rise to the claim.

Some jurisdictions do not allow certain limitations. Where prohibited, liability will be limited to the minimum extent required by law.

16) Indemnification (You Protect Us)

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Home And Tower and its Affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • Your use or misuse of the Services;

  • Your User Content (including any claim that it violates rights or laws);

  • Your violation of these Terms; or

  • Your violation of any third-party rights.

We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.

17) Dispute Resolution: Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1 Binding Arbitration

You and Home And Tower agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products (“Claim”) will be resolved by final and binding arbitration, rather than in court, except as stated below.

The arbitration shall be administered by the American Arbitration Association (AAA) under its applicable rules. A single arbitrator will decide the Claim. Judgment on the award may be entered in any court of competent jurisdiction.

17.2 Exceptions

This arbitration agreement does not prevent:

  • Either party from bringing an individual claim in small claims court (if it qualifies); or

  • Either party from seeking injunctive or other equitable relief in court for unlawful use or infringement of intellectual property or to preserve rights pending arbitration, to the extent permitted by law.

17.3 Class Action Waiver

You and Home And Tower agree that Claims must be brought in an individual capacity only. No class actions, class arbitrations, private attorney general actions, or representative actions are permitted.

17.4 Confidentiality

The arbitration may be kept confidential to the extent permitted by AAA rules and applicable law.

17.5 Costs

If you demonstrate that arbitration costs are prohibitive compared to litigation costs, we will pay as much of the filing, administrative, and arbitrator fees as the arbitrator deems necessary to prevent arbitration from being cost‑prohibitive.

17.6 Severability

If any portion of this arbitration section is found unenforceable, the remainder will remain in effect, except that if the class action waiver is found unenforceable, then this entire arbitration section shall be null and void to the fullest extent permitted by law.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT AND THE RIGHT TO A JURY TRIAL.

18) Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules, except where federal law (such as the Federal Arbitration Act) applies.

19) Time Limit to Bring Claims

To the fullest extent permitted by applicable law, any Claim must be brought within one (1) year after the event giving rise to the Claim occurred, or the Claim is permanently barred.

20) Termination

We may suspend or terminate your access to the Services at any time, for any lawful reason, including violations of these Terms or suspected fraud or abuse. Sections that by their nature should survive termination (including licenses granted to operate the service for prior orders, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

21) Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between you and Home And Tower regarding the Services.

  • Severability: If any provision is unenforceable, the remainder remains effective.

  • No Waiver: Failure to enforce any provision is not a waiver.

  • Assignment: You may not assign these Terms without our consent. We may assign them freely.

  • Electronic Communications: You consent to receive communications electronically and agree they satisfy legal notice requirements.

22) Text Messaging Terms (If Offered)

If we offer SMS/text messaging (order updates, support alerts, marketing), participation is voluntary and subject to these additional terms:

  • You must provide your own phone number and consent to receive texts.

  • Message frequency varies.

  • Message and data rates may apply.

  • Carriers are not liable for delayed or undelivered messages.

  • To opt out, reply STOP. For help, reply HELP.

  • We may modify or discontinue the texting program at any time.

(If you don’t offer SMS, remove this section entirely.)

END OF TERMS