Terms of Service

1. Acceptance of Terms

Welcome to picNgo ("we," "us," "our"). By accessing or using our mobile application and web platform (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms").

Important: If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and picNgo. Please read them carefully.

2. Description of Service

picNgo is an event photo sharing platform that provides:

• Photo upload and management tools for event organizers and photographers
• Facial recognition technology to match guests with their photos
• QR code-based photo access and downloads for event guests
• Email-based guest authentication and access
• Event gallery browsing and photo downloading capabilities
• Photo sharing via email

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. Eligibility and Age Requirements

Minimum Age: You must be at least 13 years old to use the Service (or 16 years old if located in the European Economic Area). If you are under 18, you must have permission from a parent or guardian to use the Service.

By using the Service, you represent and warrant that you meet these age requirements.

4. User Accounts

4.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, complete, and current information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Account Types

• Event Organizer Accounts: Create and manage events, upload photos, invite photographers
• Photographer Accounts: Upload photos to assigned events
• Guest Access: Temporary session-based access via OTP verification (no permanent account required)

4.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for any activities or actions under your account. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

5. User-Generated Content

5.1 Your Content

"User Content" means any photos, images, text, or other materials you upload, submit, or otherwise make available through the Service. You retain all ownership rights to your User Content.

5.2 License Grant

By uploading User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, transferable license to:

• Store, process, and display your User Content
• Transmit your User Content to event guests as you direct
• Use facial recognition technology to analyze and index faces in event photos
• Create thumbnails and optimize images for delivery
• Backup and archive your User Content

This license exists only for the purpose of operating and improving the Service and ends when you delete your content or close your account (except for content shared with others, which may remain accessible to those users).

5.3 Your Responsibilities

You represent and warrant that:

• You own all rights to your User Content or have obtained all necessary permissions
• You have obtained consent from all individuals appearing in photos to upload and share them
• Your User Content does not violate any third-party rights (including copyright, privacy, or publicity rights)
• Your User Content complies with these Terms and all applicable laws

5.4 Prohibited Content

You agree NOT to upload User Content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
• Contains nudity, pornography, or sexually explicit material
• Promotes violence, discrimination, or hatred against individuals or groups
• Infringes on intellectual property rights or proprietary rights of others
• Contains viruses, malware, or other harmful code
• Violates the privacy or publicity rights of others
• Contains personal information of minors without parental consent
• Is spam, advertising, or promotional material not related to events

5.5 Content Moderation

We reserve the right (but have no obligation) to:

• Review, monitor, or remove User Content at our sole discretion
• Remove content that violates these Terms or applicable laws
• Suspend or terminate accounts that repeatedly violate our policies
• Report illegal content to law enforcement authorities

Note: We do not actively monitor all uploaded content but respond to user reports and automated flags.

6. Copyright and DMCA Policy

6.1 Copyright Infringement

We respect intellectual property rights and expect our users to do the same. We will respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA").

6.2 DMCA Takedown Procedure

If you believe your copyrighted work has been uploaded without authorization, send a written notice to our Copyright Agent with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the allegedly infringing material (URL or description)
• Your contact information (name, address, phone, email)
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and, under penalty of perjury, you are authorized to act
• Your physical or electronic signature

6.3 Copyright Agent Contact

6.4 Counter-Notice

If you believe your content was removed in error, you may submit a counter-notice with similar information and a statement that you have a good faith belief the content was removed by mistake.

6.5 Repeat Infringers

We will terminate accounts of users who are repeat copyright infringers.

7. Facial Recognition Terms

7.1 Facial Recognition Feature

Our Service offers an optional facial recognition feature powered by Amazon Web Services (AWS) Rekognition to help guests find their photos at events.

7.2 Consent

By using the facial recognition feature, you:

• Consent to the temporary processing of your facial data
• Acknowledge that facial data is automatically deleted within 24 hours
• Understand that facial recognition is entirely optional
• Can use alternative access methods (QR codes, email verification) instead

7.3 Event Organizer Consent

By enabling facial recognition for your event, you represent that you have obtained necessary consents from event attendees for their images to be processed through facial recognition technology.

7.4 Data Deletion

Guest selfies and facial recognition data are automatically deleted within 24 hours. You may also request immediate deletion by contacting support.

8. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe the rights of others (privacy, publicity, intellectual property, etc.)
• Upload malicious code, viruses, or any harmful technology
• Attempt to gain unauthorized access to our systems, accounts, or networks
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our written permission
• Impersonate any person or entity or falsely state your affiliation
• Collect or harvest user information without consent
• Transmit spam, chain letters, or unsolicited communications
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove, obscure, or alter any proprietary notices
• Use the Service to compete with us or develop a competing service

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free service
• That defects will be corrected immediately
• That the Service is free of viruses or harmful components

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will not be liable if all or part of the Service is unavailable.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, secure, or error-free
• The quality of the Service will meet your expectations
• All errors or defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICNGO SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• LOSS OF OR DAMAGE TO CONTENT OR DATA
• BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES

ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

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

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Deleting your account through account settings
• Contacting support at support@picngo.com

13.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• Your use of the Service creates legal liability for us
• You engage in fraudulent or illegal activities
• We are required to do so by law

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Your account and data may be deleted (subject to our data retention obligations)
• You remain liable for any outstanding fees
• Sections of these Terms that should survive termination will continue to apply

14. Third-Party Services and Links

The Service may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of any third parties. Your use of third-party services is at your own risk.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to conflict of law principles.

15.2 Dispute Resolution

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court.

15.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

• Updating the "Last Updated" date
• Sending an email notification to registered users
• Displaying a prominent notice in the Service

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

17. General Provisions

17.1 Entire Agreement

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

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

17.3 No Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

17.4 Assignment

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

17.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: