Terms & Conditions

Introduction

These Terms and Conditions ("T&C") govern your access to and use of our mobile application ("App"). By using the App, you agree to be bound by these T&C. If you disagree with any part of these T&C, you may not access or use the App.

User Accounts

  • To use certain features of the App, you need to create an account. You are responsible for maintaining the confidentiality of your account information and for restricting access to your device.
  • You agree to be responsible for all activities that occur under your account.

Content Ownership

  • You are solely responsible for all content you upload to the App, including but not limited to photos ("Content"). You represent and warrant that you have all necessary rights, licenses, and permissions to upload such Content, including any necessary consents from individuals depicted in the photos.
  • We claim no ownership rights to your Content. However, by uploading Content to our servers, you grant us a non-exclusive, worldwide, royalty-free license to use, display, modify, and distribute your Content within the App in accordance with these T&C.
  • When using the Free subscription plan, no Content will be uploaded to our servers.
  • Content will be removed from our servers upon explicit deletion.
  • All Content will be removed from our servers upon account deletion.

Sharing and Permissions

  • You may share your photos with other users ("Loved Ones") by granting them access to specific albums.
  • By granting access to an album, you acknowledge and understand that Loved Ones may:
    • Download photos within the App for personal use. This includes saving them to their device's local storage.
    • Create copies of the downloaded photos for their personal use. This may involve taking screenshots or using the App's built-in sharing mechanisms (if available) to save the photos outside the App.
  • You are solely responsible for the content you share and the consequences of sharing it. We encourage you to carefully consider who you grant access to your albums and photos.

Acceptable Use

  • You agree to use the App in a manner consistent with all applicable laws and regulations.
  • You agree not to use the App for any illegal or unauthorized purpose, including but not limited to:
    • Uploading content that infringes on the intellectual property rights of others.
    • Uploading content that is defamatory, obscene, hateful, or otherwise objectionable.
    • Uploading content infected by malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code.
    • Uploading illegal content.
    • Operate a photography business or other commercial service.
    • Resell any part of the App.
    • Harassing, stalking, or threatening others.
    • Interfering with the operation of the App.

Disclaimers and Limitations of Liability

  • The App is provided "as is" and without warranties of any kind, express or implied.
  • We do not guarantee the continuous, uninterrupted, or error-free operation of the App.
  • We are not responsible for any content uploaded by you or other users, or the consequences of sharing such content.
  • We are not responsible for any damages arising from your use of the App, including but not limited to direct, indirect, incidental, consequential, or punitive damages.
  • While we strive to provide a reliable and secure platform for storing your photos, we cannot guarantee that data loss will never occur. Despite our best efforts to prevent data loss, there is a non-zero possibility that data, including uploaded photos, may be lost due to unforeseen circumstances, such as complete hardware failures, cyberattacks, or natural disasters. You acknowledge and accept this inherent risk and agree that we will not be held liable for any loss of data, including photos, stored within the App. We encourage you to regularly back up your photos to a separate location to further reduce the potential impact of any data loss.
  • We implement best-in-class security measures to protect all user data, however, no security system is perfect, and we cannot guarantee that unauthorized access or breaches will never occur. You acknowledge and accept that despite our security measures, there is a risk of unauthorized access to your data by third parties due to factors beyond our reasonable control, such as cyberattacks or hacking attempts.
  • We will make reasonable efforts to notify users in a timely manner in the event of a data breach affecting their information. However, you agree that we will not be liable for any damages arising from such unauthorized access or data breaches, to the maximum extent permitted by applicable law.

Termination

We may terminate your access to the App at any time, with or without cause, and with or without notice.

Governing Law and Dispute Resolution

  • These T&C shall be governed by and construed in accordance with the laws of Germany.
  • We are committed to resolving any disputes you may have with us regarding the App and these T&C in a timely and efficient manner.
  • We encourage you to first contact our customer support team by email at support@foreveries.eu to attempt to resolve any disputes informally.
  • If we are unable to reach a satisfactory resolution through informal means, we agree to participate in Alternative Dispute Resolution ("ADR") before resorting to litigation.
  • The specific ADR process will be determined by mutual agreement between you and us. We are open to exploring options such as mediation or arbitration, conducted in accordance with the rules of a reputable ADR provider located in Germany.
  • This ADR clause is not intended to waive or limit your right to pursue legal remedies available to you under applicable law.

Entire Agreement

These T&C constitute the entire agreement between you and us regarding the use of the App.

Changes to These T&C

We may update these T&C from time to time by posting the revised version on the App. By continuing to use the App after the revised version is posted, you agree to be bound by the revised T&C.