Terms of Service

1. Acceptance of Terms

By accessing or using OurMemory ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

These Terms constitute a legally binding agreement between you and OurMemory ("we," "us," "our"). By creating an account, uploading photos, or using any feature of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Service Description

OurMemory is a photo-sharing platform for events including weddings, parties, corporate events, and other gatherings. We provide:

• Photo and video upload and storage
• AI-powered face recognition and organization
• Photo challenges and gamification features
• Private event galleries accessible via QR codes or unique links
• Event management tools for organizers
• Real-time photo sharing during events

The Service is provided on an "as is" and "as available" basis. We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. User Accounts and Responsibilities

Account Creation

To use the Service, you must:

• Provide accurate and complete information (name, email address, password)
• Be at least 13 years of age
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access to your account

Account Types

• Guest: Can upload and view photos in events
• Event Admin: Can create and manage events, configure settings
• Super Admin: Full system access (OurMemory staff only)

Your Responsibilities

You are responsible for:

• All activity that occurs under your account
• Maintaining the confidentiality of your password
• Ensuring you have the right to upload and share all photos and videos
• Complying with all applicable laws and regulations
• Not sharing your account credentials with others

4. Payment and Billing

Pricing Plans

• Free Trial: Free — 15 photos, 2 videos, 3 days, 200 MB storage
• Basic: ₪450 per event — 200 photos, 15 videos, 1 month, 2 GB storage
• Advanced: ₪650 per event — 1,000 photos, 30 videos, 2 months, 10 GB storage
• Premium: ₪900 per event — 5,000 photos, 50 videos, 3 months, 30 GB storage

Payment Terms

• Payment is due upon event creation for paid plans
• Accepted payment methods: Credit card, PayPal (via Stripe)
• All prices are in ILS (₪) including VAT where applicable
• Israeli VAT (17%) may apply for Israeli customers
• Prices are subject to change with 30 days notice

Automatic Renewal

Some plans may automatically renew. You will be notified before any automatic renewal occurs. You may cancel automatic renewal at any time from your account settings.

5. Refund and Cancellation Policy

Refund Eligibility

• Full Refund: Available within 14 days of purchase if the event has not started and no photos have been uploaded
• Partial Refund: Pro-rated refund may be available if the event is canceled before completion, at our discretion
• No Refund: After the event completes, after the 14-day window expires, or if photos have been uploaded and the service has been used

Cancellation Process

To cancel an event and request a refund:

1. Submit your request through our Privacy Request portal with your event details
2. We will review your request within 3 business days
3. If approved, refunds are processed within 7-10 business days
4. Your photos will remain accessible for 30 days after cancellation

14-Day Right of Withdrawal (Israeli Law)

For Israeli customers: In accordance with Israeli consumer protection law, you have the right to cancel your purchase within 14 days without providing a reason, provided the service has not been fully performed with your consent.

6. Photo Ownership and License

You Own Your Photos

You retain all copyright and intellectual property rights to photos and videos you upload. You are solely responsible for ensuring you have the right to upload each photo or video and to grant the licenses described below.

License to OurMemory

By uploading photos or videos, you grant OurMemory a non-exclusive, worldwide, royalty-free license to:

• Store, display, and distribute your photos within the event gallery
• Process photos using AI for face detection and organization
• Create thumbnails and optimized versions for web display
• Back up photos for disaster recovery purchallenges
• Display photos to authorized event attendees

This license ends when you delete the photo or cancel your event. We do not use your photos for any purpose outside of providing the Service.

Third-Party Content

• Do not upload photos you do not own or have permission to share
• OurMemory is not responsible for copyright infringement by users
• We will remove infringing content upon receipt of valid DMCA takedown requests
• Repeat infringers will have their accounts terminated

7. Prohibited Content

You may NOT upload photos or videos that contain:

• Illegal content (child exploitation, terrorism, illegal drugs)
• Copyright or trademark infringement
• Private information without consent (social security numbers, credit card numbers)
• Malware, viruses, or malicious code
• Spam or phishing attempts
• Hate speech, harassment, threats, or violence
• Pornographic or sexually explicit content (unless private event with all consenting adults)
• Impersonation or fraud
• Content that violates any person's privacy rights

Consequences of Violation

Violation of this policy may result in:

• Immediate removal of the prohibited content
• Account suspension or termination
• Reporting to law enforcement (for illegal content)
• Legal action for damages caused

8. Privacy and Data Protection

Your privacy is important to us. See our Privacy Policy for detailed information on how we collect, use, and protect your data.

Key Points

• Face recognition requires your explicit consent
• You can delete your face data at any time from your account settings
• We encrypt biometric data and never share it with third parties
• You have the right to access, correct, and delete your data
• We comply with Israeli Privacy Protection Law and GDPR

9. Limitation of Liability

To the maximum extent permitted by Israeli law:

OurMemory's total liability to you for any claims arising from your use of the Service is limited to the amount you paid to OurMemory in the 12 months preceding the claim.

We Are NOT Liable For

• User-generated content (photos uploaded by you or other users)
• Service interruptions, downtime, or scheduled maintenance
• Data loss (though we maintain reasonable backups)
• Third-party service failures (storage providers, payment processors)
• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities

Exceptions

This limitation does NOT apply to:

• Our gross negligence or willful misconduct
• Violations of your privacy rights under applicable law
• Claims that cannot be limited by Israeli law
• Death or personal injury caused by our negligence

10. Indemnification

You agree to indemnify, defend, and hold harmless OurMemory, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Photos or videos you upload that infringe copyright or privacy rights
• Your violation of these Terms of Service
• Your violation of any law or regulation
• Any harm caused by your use of the Service
• Any dispute between you and other users or third parties

This indemnification obligation survives termination of your account.

10a. Responsibility for Photographed Individuals

When you upload a photo that includes other people, you are solely responsible for having obtained any consent required by applicable law to share that person's image in a semi-public or public event gallery.

• By uploading, you represent and warrant that all individuals who appear in the photo have either given you permission, or that sharing their image in the context of this event is reasonably expected (e.g., event attendees photographed at the event they attended).
• If someone appears in your photo and asks to be removed, please contact us at unitedalbum.com/legal/photo-removal and we will act on valid removal requests promptly.
• OurMemory is not liable for privacy claims arising from photos uploaded by users. By uploading, you agree to indemnify us against such claims (see Section 10).

10b. Copyright Claims (DMCA)

If you believe content on OurMemory infringes your copyright, please submit a written notice through our Privacy Request portal including:

1. Identification of the copyrighted work you claim has been infringed
2. A direct URL to the allegedly infringing content on our platform
3. Your contact information (name, address, email, phone)
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
6. Your electronic or physical signature

We will review valid takedown notices and remove infringing content within 5 business days. Repeat infringers will have their accounts terminated.

11. Governing Law and Dispute Resolution

Note: As the Service is currently available to Israeli customers only, Israeli law applies to all users.

• These Terms are governed by the laws of the State of Israel
• Disputes will be resolved in the competent courts of Tel Aviv, Israel
• You may also pursue claims through Israeli small claims court
• Israeli consumer protection laws apply

Informal Resolution

Before filing any legal claim, you agree to first submit a written request through our Privacy Request portal to attempt to resolve the dispute informally. We commit to working in good faith to resolve any disputes.

12. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will:

• Provide at least 30 days notice via email to your registered email address
• Update the "Last Updated" date at the top of this page
• Display a notification in your account dashboard

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may request account deletion.

13. Termination

We May Terminate Your Account For

• Violation of these Terms of Service
• Illegal activity
• Non-payment of fees
• Abuse of the Service or other users
• Uploading prohibited content

Upon Termination

• Your access to the Service will be immediately revoked
• Your photos remain accessible for 30 days for download
• After 30 days, all data is permanently deleted
• No refunds will be provided for termination due to Terms violations

You May Terminate Your Account

You may delete your account at any time from your account settings. Upon voluntary account deletion, your data will be handled according to our Privacy Policy.

14. Contact Information

15. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OurMemory regarding the Service.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms without restriction.