Terms of Service

Last updated: October 28, 2025

1. Acceptance of Terms

By accessing or using Moment Mappers, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our Service.

Who Can Use Our Service

• You must be at least 18 years old to use our Service
• If you are under 18, you must have permission from a parent or legal guardian
• You must provide accurate and complete information when using our Service
• You must comply with all applicable laws and regulations

2. Our Service

What We Provide

Moment Mappers provides on-site photography services, including:

• Professional event photography
• Digital photo capture and processing
• Secure photo storage and delivery
• Photo ordering and payment processing
• QR code access for convenient photo retrieval

Service Availability

• We strive to provide reliable service, but cannot guarantee uninterrupted access
• We may suspend or terminate the Service for maintenance or updates
• We reserve the right to modify or discontinue features at any time

4. Photo Orders & Purchases

4.1 Ordering Process

• Browse available photos using your unique QR code or access link
• Select photos you wish to purchase
• Complete payment through our secure checkout process
• Receive confirmation via email and/or SMS (if opted in)

4.2 Pricing

• Photo prices are displayed clearly at checkout
• All prices are in USD unless otherwise stated
• Prices are subject to change, but will not affect completed orders
• Taxes may apply based on your location

4.3 Payment Methods

• We accept major credit and debit cards via Stripe and Square
• Payment information is processed securely and never stored on our servers
• All payments are final upon successful transaction

4.4 Refund Policy

• Digital Products: Due to the nature of digital photo delivery, all sales are final
• Service Issues: If photos are not delivered due to technical issues on our end, we will provide a full refund
• Quality Issues: If photos have quality issues due to our error, contact us at help@momentmappers.com within 7 days

4.5 Failed Transactions

• If payment fails, your order will not be processed
• You will be notified and given the opportunity to retry payment
• Photos will remain available for purchase until the 60-day retention period expires

5. Photo Storage, Access & Delivery

5.1 Storage Period

• Photos are stored securely for 60 days from the date of your session/event
• After 60 days, photos are automatically and permanently deleted
• We cannot recover photos after they are deleted

5.2 Access Methods

• Access your photos via QR code provided at your session
• Access via unique link sent to your email
• Downloads available immediately after purchase
• Unlimited re-downloads during the 60-day period

5.3 Photo Delivery

• Digital downloads delivered instantly after purchase
• High-resolution original files provided
• Photos delivered in JPEG format
• No physical prints unless separately arranged

5.4 Your Responsibility

• You are responsible for downloading and backing up your purchased photos
• We strongly recommend downloading photos immediately after purchase
• Set calendar reminders before the 60-day deletion deadline
• We are not liable for photos not downloaded before automatic deletion

6. Intellectual Property & Usage Rights

6.1 Copyright Ownership

• Moment Mappers retains copyright to all photographs taken
• Purchase grants you a personal use license to the photos
• You may not sell, redistribute, or commercially use photos without written permission

6.2 Your License to Use Photos

Upon purchase, you receive a non-exclusive, perpetual license to:

• Download and keep photos for personal use
• Share photos on social media for personal purposes
• Print photos for personal use
• Create personal photo albums and keepsakes

6.3 Prohibited Uses

You may NOT:

• Resell photos or use them for commercial purposes
• Remove watermarks or metadata
• Claim photos as your own work
• Use photos in ways that are illegal, defamatory, or harmful

6.4 Our Use of Photos

• We may use photos for marketing, promotional, and portfolio purposes
• If you do not want your photos used publicly, email us at help@momentmappers.com
• We respect your privacy and will honor opt-out requests

7. User Conduct & Responsibilities

7.1 Account Security

• Keep your access codes and QR codes secure
• Do not share access links publicly
• Notify us immediately if you suspect unauthorized access
• You are responsible for all activity under your account

7.2 Prohibited Conduct

You agree NOT to:

• Violate any laws or regulations
• Infringe on others' intellectual property rights
• Interfere with or disrupt the Service
• Attempt to gain unauthorized access to our systems
• Upload malicious code or viruses
• Harass, abuse, or harm others
• Impersonate others or provide false information

7.3 Consequences of Violations

• We may suspend or terminate your access for violations
• We may report illegal activity to law enforcement
• You may be liable for damages resulting from violations

8. Privacy & Data Protection

8.1 Privacy Policy

• Our Privacy Policy explains how we collect, use, and protect your data
• By using our Service, you also agree to our Privacy Policy
• Read our full Privacy Policy on our website

8.2 Data Collection

We collect:

• Name, email, phone number (if provided)
• Session date, location, and event details
• Payment information (processed securely via third parties)
• Photos and order history
• Technical data (IP address, browser type, device info)

8.3 Data Protection

• All data transmitted using SSL/TLS encryption
• Photos stored securely on Supabase servers
• Payment processing via PCI-compliant providers (Stripe/Square)
• Limited employee access on need-to-know basis

8.4 Your Data Rights

• Right to access your data
• Right to correct inaccurate data
• Right to request deletion (subject to legal requirements)
• Right to data portability
• Right to opt out of marketing communications

Contact help@momentmappers.com to exercise these rights.

9. Third-Party Services

We use trusted third-party services:

9.1 Supabase (Storage)

• Stores photos and order data
• Privacy Policy: https://supabase.com/privacy

9.2 Stripe & Square (Payments)

• Processes all payment transactions
• Stripe Privacy: https://stripe.com/privacy
• Square Privacy: https://squareup.com/us/en/legal/general/privacy

9.3 Twilio (SMS/Communications)

• Powers our SMS notification system
• Privacy Policy: https://www.twilio.com/legal/privacy
• You must opt in to receive SMS messages

9.4 Our Relationship with Third Parties

• We carefully select reputable service providers
• These services have their own terms and privacy policies
• We are not responsible for third-party practices
• Review their policies independently

10. Disclaimers & Limitations of Liability

10.1 Service "As Is"

• The Service is provided "AS IS" and "AS AVAILABLE"
• We make no warranties, express or implied
• We do not guarantee error-free or uninterrupted service
• We do not warrant that defects will be corrected

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for indirect, incidental, consequential, or punitive damages
• Our total liability is limited to the amount you paid us in the past 12 months
• We are not liable for:
  • Loss of profits, revenue, or data
  • Photos lost due to system failures (backup your downloads!)
  • Photos automatically deleted after 60 days
  • Third-party service failures
  • Unauthorized access to your account due to your negligence

10.3 Force Majeure

• We are not liable for delays or failures due to circumstances beyond our reasonable control
• This includes natural disasters, pandemics, wars, strikes, government actions, or technical failures

10.4 Your Assumption of Risk

• You acknowledge the risk of data loss and system failures
• You agree to download and backup purchased photos promptly
• You understand that internet-based services have inherent risks

11. Indemnification

You agree to indemnify, defend, and hold harmless Moment Mappers, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Your violation of applicable laws or regulations
• Content you submit or share through the Service

12. Dispute Resolution

12.1 Governing Law

• These Terms are governed by the laws of [Your State/Country]
• Excluding conflict of law principles

12.2 Informal Resolution

• Before filing a claim, contact us at help@momentmappers.com
• We'll attempt to resolve disputes informally within 30 days

12.3 Arbitration Agreement

If informal resolution fails:

• Disputes will be resolved through binding arbitration
• Arbitration conducted by [Arbitration Organization]
• Located in [Your Location]
• You waive the right to participate in class actions

12.4 Exceptions to Arbitration

The following may be brought in court:

• Small claims court matters
• Intellectual property disputes
• Injunctive relief to prevent irreparable harm

12.5 Jury Trial Waiver

• You waive your right to a jury trial
• All disputes will be decided by an arbitrator or judge

13. Modifications to Terms

13.1 Right to Modify

• We may update these Terms at any time
• Changes effective upon posting unless otherwise stated
• Material changes will be communicated via email (if we have your email)

13.2 Your Acceptance

• Continued use after changes means you accept the new Terms
• If you don't agree with changes, stop using the Service
• Check this page periodically for updates

13.3 Version History

• Current version date shown at top of this document
• Previous versions available upon request

14. Account Termination

14.1 Your Right to Terminate

• You may stop using the Service at any time
• Email help@momentmappers.com to request account deletion
• Downloaded photos remain yours, but unpurchased photos will be deleted per our retention policy

14.2 Our Right to Terminate

We may suspend or terminate your access if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• You abuse or harass our staff or other users
• We are required to do so by law
• We discontinue the Service

14.3 Effect of Termination

• Your access to the Service will cease immediately
• Unpurchased photos will be deleted
• Downloaded photos remain yours under the license granted
• Outstanding payments remain due
• Sections that should survive termination will remain in effect

15. Severability

If any provision of these Terms is found to be unenforceable or invalid:

• That provision will be modified to the minimum extent necessary
• All other provisions will remain in full effect
• The invalid provision will be replaced with a valid provision that achieves the original intent

16. Entire Agreement

• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Moment Mappers
• These Terms supersede any prior agreements or understandings
• No waiver of any term shall be deemed a further or continuing waiver

17. Assignment

• You may not transfer or assign your rights under these Terms
• We may assign our rights and obligations to a successor or affiliate
• We will notify you of any assignment that materially affects your rights

18. No Waiver

• Our failure to enforce any provision does not waive our right to enforce it later
• Waiver of one breach does not waive subsequent breaches
• All rights and remedies are cumulative

19. Contact Information

For questions, concerns, or notices regarding these Terms:

20. Special Provisions

20.1 California Residents

• You may have additional rights under California law
• Refer to our Privacy Policy for CCPA compliance

20.2 European Union Residents

• You may have additional rights under GDPR
• Refer to our Privacy Policy for GDPR compliance

20.3 Accessibility

• We strive to make our Service accessible to all users
• Contact us if you experience accessibility issues

Quick Reference Summary

SMS Quick Reference

By using Moment Mappers, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.