Terms of Use

1. Eligibility and authority

You may use the Platform only if you can enter into a binding contract under the law that applies to you. If you use it on behalf of another person or a company, you confirm you have the authority to bind them to these Terms. If you are a parent, guardian or other authorized adult acting for a minor, you are responsible for that minor's use of the Platform and for making sure any permissions required by law have been obtained.

2. Changes to the Platform and these Terms

We may change the Platform, suspend or discontinue any part of it, or revise these Terms at any time. Updated Terms are posted here with a new effective date and, unless the law requires otherwise, take effect when posted. Continuing to use the Platform after that means you accept the revised Terms.

3. Photo cards and gallery access

Photo sets are reached using the code printed on the photo card handed to a group at the venue. Anyone holding that card or code can open the photo set, so treat it like a ticket and keep it safe. We are not responsible for photos viewed or purchased by someone else who has the card or code.

A card can be reassigned to a later group, which ends access to the earlier photo set through that code. We may suspend, reclaim or reset any code or access at any time, with or without notice, including if we believe these Terms have been broken or a security problem has occurred.

4. Ownership of the Platform

The Platform — including its software, code, text, interfaces, graphics, artwork, themed scene designs, branding, workflows and design, and all intellectual property rights in them — belongs to MemoriCatch or its licensors and is protected by copyright, trademark, trade secret and other laws. As long as you follow these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Platform for your own personal, non-commercial purposes.

5. Purchases and digital content

Extra terms may apply to purchases, downloads, promotions and redemptions; where those conflict with these Terms, the transaction-specific terms control for that transaction. Prices are shown before checkout and do not include tax unless stated.

Unless we say otherwise in writing, buying a digital photo set gives you a limited, non-exclusive, non-transferable license to use the images for personal, non-commercial purposes. No ownership rights transfer to you, and you may not sell, license or otherwise exploit the images commercially except as the law or we expressly allow.

Digital content is delivered through your gallery link. Because it is delivered immediately, purchases are generally final; contact us if something went wrong with your order and we will work with you and the venue to sort it out.

6. Your content and the permissions you give us

The Platform processes photographs taken at a venue or uploaded by you ('User Content'). You keep the rights you already hold in your User Content and you grant us a worldwide, royalty-free, sublicensable license to host, store, reproduce, adapt and display it in order to:

• operate, support, fulfill and improve the Platform and related products
• process galleries, orders, downloads, support requests and sharing you ask for
• create themed scenes, stylized artwork and other derivative outputs shown to you
• enhance images through automated or AI-assisted background removal, color correction, sharpening and resizing
• secure, troubleshoot, test and monitor the Platform
• improve our workflows, tools, features and analytics
• comply with law, enforce rights, prevent fraud and protect users and partners
• create aggregated, de-identified or anonymized data that does not identify you

7. Your promises about your content

You confirm that you hold or control the rights needed to provide your User Content and to grant the license above; that your content and our permitted use of it will not infringe anyone's rights or break any law; and that if your content includes other people, including minors, you have obtained every permission the law requires.

Guest photographs are not used to train general-purpose public AI models. We may use images and related data to improve our own image-processing systems, workflows and quality control, subject to applicable law and appropriate safeguards.

8. Acceptable use

You agree not to:

• guess, scrape or use photo card codes that were not issued to you
• copy, redistribute or resell photos you do not have rights to
• remove watermarks or circumvent any access, security or payment controls
• interfere with, overload, probe or reverse-engineer the Platform
• upload unlawful, infringing, harassing or harmful content
• use the Platform for any commercial purpose we have not authorized in writing

9. Third-party services

The Platform relies on third parties for hosting, image processing, payments and communications, and may link to their sites. We do not control those services and are not responsible for them; your use of them is governed by their own terms and privacy policies.

10. Disclaimers

The Platform is provided 'as is' and 'as available' without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free or secure, that photo sets or codes will always be available, or that automated image processing will produce any particular result.

11. Limitation of liability

To the fullest extent the law allows, MemoriCatch and its affiliates, officers, employees and suppliers are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data, lost photographs or business interruption, arising from your use of the Platform. Our total liability for any claim relating to the Platform will not exceed the greater of the amount you paid us in the six months before the claim or fifty U.S. dollars.

12. Indemnity

You agree to indemnify and hold MemoriCatch and its affiliates harmless from claims, damages, losses and costs (including reasonable legal fees) arising out of your User Content, your use of the Platform or your breach of these Terms.

13. Termination

We may suspend or end your access to the Platform at any time, with or without notice. Sections that by their nature should survive — including content licenses, disclaimers, limitations of liability, indemnity and dispute terms — continue to apply after termination.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in California, and you consent to their jurisdiction. Nothing here prevents either party from seeking injunctive relief where appropriate.

15. General

These Terms, together with our Privacy Policy and any transaction-specific terms, are the entire agreement between you and us about the Platform. If a provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

16. Contact us

Questions about these Terms: hello@memoricatch.com or (555) 123-4567. These are placeholder contact details until our final ones are published.