Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you are authorized to accept these Terms for that organization. If you do not agree, you may not use the Service.

2. Definitions

• “AI Design Feature” – An optional tool that generates design suggestions from user inputs using machine-learning models.
• “Prompt” – Any text, image, or data you submit to the AI Design Feature.
• “Output” – Any design or content generated by the AI Design Feature in response to a Prompt.
• “User Content” – All content, including photos, videos, Prompts, and Outputs, that you or your guests upload, submit, or create using the Service.
• “One-Time Purchase” – A single, non-recurring payment that unlocks premium features for one specific event.
• “Subscription Plan” – A recurring monthly or annual plan providing continued access to premium features until cancelled.

3. Description of Service

Chivent provides an online platform that enables event hosts to collect, manage, and share photos and videos uploaded by their guests in a centralized gallery.

User Content and Limits

Chivent offers both file-based plans (with a set number of uploads) and plans advertised as “Unlimited Uploads.” To maintain service stability and ensure fair use, certain technical thresholds apply:

• Unlimited Uploads: These plans include a generous soft storage allowance. This threshold may vary depending on the type and mix of content uploaded (e.g. photos vs. videos). If your usage approaches levels that could impact system performance, we may adjust your allocation or contact you to discuss options. In normal event use, most customers will never encounter these thresholds.
• Unlimited Albums: Plans with unlimited albums include a generous soft limit on the number of albums you can create. This allowance is designed to accommodate typical event organization needs. If your usage significantly exceeds normal patterns, we may contact you to discuss your requirements and adjust your allocation accordingly.
• File-Limited Plans: These plans specify a maximum number of uploads (e.g. up to 200 files). A reasonable storage limit also applies to prevent disproportionate use (such as extremely large video uploads). This limit is flexible and may be adjusted at our discretion to ensure a fair and balanced service.

Fair Use and Soft Limits

All "unlimited" features (uploads, albums, etc.) are subject to a generous soft limit implemented to protect our infrastructure and all users from abuse, automated attacks, or misuse. These thresholds are set well beyond typical usage patterns, and most users will never encounter them. If you legitimately approach or reach a soft limit, we will review your account and increase your allocation upon request. We are committed to ensuring that genuine users always have the resources they need for their events.

4. User Accounts

4.1. Eligibility

Our Service is intended for users who are at least 18 years old. By creating an account and using the Service, you represent and warrant that you are of legal age to form a binding contract with Chelodo B.V. and meet all eligibility requirements.

4.2. Account Registration

When you create an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. User Content and Ownership

5.1. Content Ownership

You retain all ownership rights to your User Content. We do not claim any ownership over the materials you upload to the Service.

5.2. License to Chivent

By uploading User Content, you grant Chivent a worldwide, royalty-free, non-exclusive license to host, store, scan, reproduce, and display your content solely for the purpose of operating, providing, and improving the Service for you. This license terminates when you delete your User Content or your account.

6. Acceptable Use

You agree not to engage in any of the following prohibited activities while using the Service:

• Violating any applicable laws, regulations, or third-party rights.
• Using the Service for any illegal or unauthorized purpose.
• Uploading or sharing User Content that is unlawful, harmful, abusive, defamatory, obscene, infringing on intellectual property rights, or otherwise objectionable.
• Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service.
• Using any automated systems, such as bots or scrapers, to access the Service without our express written permission.

7. Fees and Payment

7.1. Pricing Models

• One-Time Purchase: A single, non-recurring payment that unlocks premium features for a single event.
• Subscription Plan: A recurring monthly or annual payment that provides ongoing access to premium features until cancelled.

7.2. Billing & Renewal

• Subscription fees are billed in advance on a recurring basis and will automatically renew unless you cancel your Subscription Plan before the end of the current billing cycle.
• One-Time Purchases are charged once and do not renew.

7.3. Taxes

All prices are exclusive of applicable taxes (e.g., VAT). Taxes will be calculated based on your billing information and added to the total price at checkout where required by law.

7.4. Changes to Fees

We reserve the right to change our fees at any time. Any fee changes will apply only to future billing cycles. We will provide you with at least 30 days' notice of any fee changes via email or an in-app notification (If you're on subscription plan). If you do not agree to the new fees, you must cancel your Subscription Plan before the changes take effect.

7.5. Refunds and Cancellations

We want you to be satisfied with our Service. We offer a fair refund policy designed to protect both our customers and the integrity of our Service.

14-Day Money-Back Guarantee

If you purchase a plan and do not end up using it, we offer a full refund within 14 days of purchase, no questions asked. Simply contact our support team to request your refund.

What Counts as Usage

Your album is considered "used" if any of the following have occurred:

• Any files (photos or videos) have been uploaded to your album, even if later deleted.
• Guests have accessed your album and contributed content.
• You have used more than 30% of your plan's allocated resources (e.g., uploads, storage, or other measurable features).
• The event date associated with your album has passed.

Event Postponement

If your event is postponed or cancelled, contact our support team. We may be able to put your album on hold and transfer it to a future date, or issue a refund if the album has not been used.

Non-Refundable Circumstances

Refunds will not be granted in the following cases:

• The album has been used as defined above.
• The refund request is made more than 14 days after purchase.
• Issues arise from circumstances outside our control, including but not limited to: your local network conditions, internet connectivity, device compatibility, browser settings, firewall or security software restrictions, or other client-side technical limitations.
• You have previously received a refund for a Chivent purchase (limit of one refund per customer).
• Promotional, discounted, or special offer purchases, unless otherwise stated in the offer terms.

How to Request a Refund

To request a refund, please contact our support team with your account details. We will review your request and respond within 5 business days.

Chargebacks

If you initiate a chargeback or payment dispute with your bank or payment provider without first contacting us to resolve the issue, we reserve the right to immediately suspend or terminate your account and pursue recovery of any fees owed, including administrative costs incurred.

8. Data Privacy

Your privacy is important to us. Our collection and use of your personal data are governed by our Privacy Policy. By using the Service, you consent to our data practices as described therein.

9. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including a breach of these Terms. You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Service will immediately cease, and we may permanently delete your account and all associated User - Content.

10. Disclaimers and Limitation of Liability

10.1. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. Chivent does not guarantee that the Service will be error-free, secure, or uninterrupted. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2. Limitation of Liability

To the maximum extent permitted by applicable law, Chivent and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of the Service. In no event shall our aggregate liability exceed the total amount paid by you to Chivent for the Service in the twelve (12) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold Chivent and its affiliates harmless from any claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of your use of the Service or your violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts located in The Netherlands.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website or by sending you an email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.