Terms and conditions

These terms are between [registered company name - set it in /admin/integrations] - “we”, “us”, Souvenir - and you, whether you are a venue with an account, a host invited by one, or a guest uploading a photograph. Using any part of this service means you accept them.

Our privacy policy is part of this agreement, and it is where the detail about data, retention and deletion lives.

We give a venue a way to hand the people who book with it a photo gallery. A host gets a gallery, a link and a printable QR code; their guests scan it and upload from their phones with no app and no account; the host keeps and downloads what arrives.

• A venue applies through the website and we review the application before the account goes live. We may decline an application, and we do not have to give a reason.
• Host accounts exist by invitation from a venue only. Nobody can sign themselves up as a host.
• You are responsible for what happens under your sign-in. Keep the password to yourself, and switch on two-factor authentication if the account matters - it is free and takes a minute.
• Everyone on a venue's team has the same reach: they can invite hosts and print their guides, and they cannot see a host's photographs.
• We never set or learn your password. An administrator can only send you a link to choose one.

• One credit invites one host. Credits do not expire and there is no subscription.
• A credit is spent when an invitation is sent, and comes back if the invitation is withdrawn before the host's first guest upload. After that it is used.
• Prices are shown before you pay, and volume pricing is applied automatically. VAT is added where it applies and a tax invoice is issued for every purchase.
• Card payments are handled by Paystack. Credits and the invoice appear as soon as the payment clears.
• We may change prices for future purchases. Credits you already hold are unaffected.
• Where we invoice a venue directly rather than taking a card, payment is due on the terms stated on that invoice, and we may suspend a venue's ability to send new invitations while an invoice is overdue.

• Photographs and videos uploaded to a gallery belong to whoever took them. Nothing in these terms transfers ownership to us or to the venue.
• You give us only the permission we need to run the service: to store the files, to show them to the people entitled to see them, to package them for download, and to copy them to a host's own cloud storage if the host asks for that.
• A venue gets no rights over a host's photographs. If a host chooses to share one particular photograph with their venue, that venue may use that photograph in its own marketing until the host takes the share back.
• We do not use anyone's photographs in our own marketing.

Do not use Souvenir to collect, store or share:

• anything unlawful, and in particular any sexual material involving children, which we report to the authorities without notice;
• material you have no right to distribute, or that infringes somebody else's copyright;
• material intended to harass, threaten or defame somebody.

Nor should you try to break the service: no probing for weaknesses, no getting round access codes or upload limits, no automated scraping of galleries, no reselling the service as your own. A host and a venue are each responsible for telling their guests what is expected of them, and for having the right to invite the people they invite.

Galleries are not archives. Uploads close a fortnight after the event, host access ends three months after it, and the files are deleted a month later - permanently, with no recovery. We build the download for you and email it before that happens, and we remind you as the dates approach, but the responsibility to keep your own copy is yours.

A host can connect their own Google Drive and have every photograph copied there as it arrives, which is the simplest way to keep them for good. That copy is in their account, under their agreement with Google, and our deletion schedule never touches it.

We work to keep Souvenir available and quick, especially on the day of an event, but we do not promise it will never be down. We may take it offline for maintenance, and we will avoid weekends where we can for obvious reasons. We may change or withdraw features, though we will not shorten the retention schedule for an event that already exists.

• A venue may stop using Souvenir at any time. Unused credits are not refunded in cash unless the law says otherwise, and hosts already invited keep their galleries for their full lifecycle.
• A host may delete their events and close their account whenever they like, which deletes the files too.
• We may suspend or close an account that breaks these terms, that puts other people's data at risk, or that has an overdue invoice. Where we can, we will warn you first and give you time to download what is yours.

We take reasonable care of your photographs, and the design of the service reflects that: full-quality originals, a schedule published in advance, warnings before deletion, and a way to keep your own copy. What we cannot do is guarantee against every failure, so our liability to you is limited to the amount you paid us in the twelve months before the problem arose, and we are not liable for indirect or consequential loss, including the sentimental value of a photograph.

Nothing here limits liability that cannot lawfully be limited - death or personal injury caused by negligence, fraud, or your rights under consumer protection law.

If your use of Souvenir causes a claim against us - unlawful content in a gallery you control, for instance - you agree to cover our reasonable costs in dealing with it.

We may update these terms. The date at the top changes, and for anything material we will email account holders. Carrying on using Souvenir after that means you accept the new version; if you do not, close your account and download your photographs first.

These terms are governed by the law of the Republic of South Africa, and the South African courts have jurisdiction. Talk to us first: almost everything is quicker to sort out over email at andy.smit1@gmail.com than through anybody's legal department.

This page is published in English; if you need it in German or Afrikaans, ask us.