Terms of Service

By using MomentsGather, you agree to these terms of service. Please read them carefully.

Acceptance of terms

By accessing and using MomentsGather, you accept and agree to be bound by these terms of service. If you do not agree to these terms, please do not use our service.

Service description

MomentsGather is a photo-sharing platform that allows users to create gatherings and share photos with guests. The service is provided as-is and we reserve the right to modify or discontinue features at any time.

User accounts

When creating an account, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Take responsibility for all activities under your account
• Be at least 13 years old (or the minimum age in your jurisdiction)

Guest access

When participating in a gathering without creating an account (as a guest):

• Your access is based on a browser session and cookie
• You can upload and delete your own photos, but have limited features compared to registered users
• Guest sessions are automatically removed after 90 days of inactivity to maintain data hygiene
• When your guest session is removed, your photos remain in the gathering but are attributed to a "Former member"
• We cannot recover or transfer photos from deleted guest sessions - creating an account is recommended for permanent access

For full features and permanent access to your uploaded content, we recommend creating a free account.

User content

Regarding content you upload:

• You retain all rights to your photos and content
• You grant us a license to store, display, and transmit your content as necessary to provide the service
• You are responsible for ensuring you have the right to upload and share the content

Prohibited conduct

You agree not to upload or share content that is:

• Illegal, harmful, or violates any laws
• Abusive, harassing, threatening, or defamatory
• Infringes on intellectual property rights
• Violates privacy rights of others
• Contains viruses, malware, or malicious code

Third-party services

Our service integrates with the following third-party providers to deliver our features:

• Google OAuth for optional sign-in authentication
• Stripe for secure payment processing and subscription management
• Mailgun for sending transactional emails and notifications

By using MomentsGather, you acknowledge that your use of these features is also subject to the respective third-party's terms of service and privacy policies. We are not responsible for the practices of these third-party services.

Use of Google Sign-In is optional. You can create an account using email and password instead.

Fair use policy and service limitations

Where we offer "unlimited" storage, users, or other features, these are subject to fair and reasonable use:

• "Unlimited" means reasonable personal or business use. We reserve the right to limit or restrict accounts that abuse the service through excessive or unreasonable usage (e.g., uploading extremely large amounts of data that far exceed typical use cases).
• While we strive to provide long-term service, we do not guarantee perpetual access. If we must close or significantly change the service, we will provide reasonable notice and an opportunity to download your data.
• All services are subject to technical limitations, system capacity, and fair use restrictions to ensure quality service for all users.
• We reserve the right to implement reasonable usage limits, throttling, or restrictions to prevent abuse and ensure fair access for all users.

If you have questions about what constitutes fair use for your specific needs, please contact us before upgrading.

Service availability

We strive to keep the service available 24/7, but we cannot guarantee uninterrupted access. We may perform maintenance, updates, or experience downtime. We are not liable for any temporary unavailability.

Limitation of liability

MomentsGather is provided "as is" without warranties of any kind. We are not liable for any indirect, incidental, or consequential damages arising from your use of the service. Our total liability is limited to the amount you paid for the service (if any).

Termination

We reserve the right to suspend or terminate your account if you violate these terms of service. You may delete your account at any time. Upon termination, your data will be deleted according to our data retention policy.

Changes to terms

We may modify these terms of service at any time. Continued use of the service after changes constitutes acceptance of the new terms. We will notify users of significant changes.

Governing law

These terms are governed by the laws of Germany. Any disputes shall be resolved in the courts of Germany.

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