Terms of Use

1. Definitions

• "Account" means a registered Phomo user profile.
• "Content" means photos, videos, text, logos, watermarks, frames, metadata, and other materials uploaded to or generated through the Services.
• "Event" means a gallery, collection, or workspace created on Phomo for a specific occasion or purpose.
• "Organizer" means a user who creates or administers an Event.
• "Guest" or "User" means any person who views, uploads to, or interacts with an Event, with or without an Account.
• "Find Me" means Phomo's optional face-matching feature for still photos within an Event gallery.
• "Credits" and "video storage" mean paid or promotional usage entitlements described on our pricing or billing pages.

2. Eligibility and Accounts

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an Account or enter into these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

You agree to provide accurate, current, and complete registration information and to keep it updated. You are responsible for all activity occurring under your Account and for safeguarding your login credentials. Notify us promptly if you suspect unauthorized access.

We may refuse, suspend, or terminate Accounts at our discretion where permitted by law, including for violation of these Terms, suspected fraud, non-payment, or risk to the Services or other users.

3. Description of Services

Phomo provides tools for creating event galleries, uploading and organizing photos and videos, sharing galleries via links or QR codes, collaborating with photographers or moderators, applying branding such as watermarks and frames, managing privacy and access controls, operating optional Find Me face search for photos, purchasing credits or video storage, and related features described on our website or within the product.

We may modify, suspend, or discontinue any part of the Services at any time, including features, limits, pricing, or availability by region. We do not guarantee that any particular feature will remain available indefinitely.

Some features may be labeled beta, preview, or experimental. Such features are provided as available and may contain errors or change without notice.

4. Organizer and User Responsibilities

If you create or manage an Event, you are responsible for the Content you and your collaborators upload, the privacy settings you choose, and compliance with laws applicable to your event, attendees, and content.

• Obtaining all necessary rights, permissions, notices, and consents to collect, upload, display, and distribute Content
• Ensuring Content does not infringe intellectual property, privacy, publicity, or other rights of any person
• Configuring gallery access appropriately, including public, private, password-protected, or approval-based settings
• Determining whether Find Me or other face-related features are appropriate for your Event
• Responding to guest requests, takedown concerns, or disputes relating to your Event where you are the primary contact
• Paying applicable fees, taxes, and charges associated with your use of paid features

5. Your Content and License to Phomo

You retain ownership of Content you upload, subject to any rights you have granted to third parties. By uploading or submitting Content, you grant Phomo a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, display, distribute, and otherwise use that Content solely as necessary to operate, provide, secure, improve, and promote the Services, including generating thumbnails, applying enhancements, watermarks, frames, face indexes for Find Me, backups, and delivery to users you authorize.

This license continues for as long as the Content remains on the Services and for a reasonable period thereafter for backup, legal compliance, billing, and dispute-resolution purposes.

You represent and warrant that you have all rights necessary to grant this license and that your Content complies with these Terms and applicable law.

6. Find Me and Face Recognition

Find Me is an optional feature that matches submitted facial images against indexed faces in still photos within an Event gallery. Find Me does not apply to videos.

Face recognition results are automated estimates and may be inaccurate, incomplete, or unavailable. Phomo does not guarantee that Find Me will identify every photo in which a person appears, or that results will be error-free.

Organizers are solely responsible for deciding whether to enable face-related features and for providing any notices or obtaining any consents required by law. Phomo is not responsible for disputes arising from publication of photos containing identifiable individuals, incidental appearance of third parties in images, or guest use of Find Me.

If you believe Content has been published improperly, contact the Event organizer first. You may also contact us at hello@phomo.io, and we may take reasonable steps where appropriate, without assuming responsibility for organizer conduct.

7. Acceptable Use

You agree not to, and not to assist others to:

• Use the Services for unlawful, harmful, fraudulent, deceptive, or abusive purposes
• Upload Content that is illegal, defamatory, harassing, hateful, exploitative, pornographic, or otherwise objectionable
• Upload malware, attempt unauthorized access, probe or scan systems, or interfere with the integrity or performance of the Services
• Reverse engineer, scrape, harvest, or collect user data except as expressly permitted
• Circumvent access controls, quotas, billing limits, or technical restrictions
• Impersonate another person or misrepresent your affiliation
• Use the Services in a manner that infringes intellectual property or privacy rights
• Resell or commercially exploit the Services except as expressly authorized in writing by Phomo

8. Fees, Credits, and Billing

Certain features require payment, including photo credits and video storage tiers described on our pricing or billing pages. Prices, packages, and taxes may change from time to time.

Payments are processed through third-party payment providers. By making a purchase, you authorize us and our payment partners to charge your selected payment method for applicable fees.

Except where required by law or expressly stated in writing, purchases are non-refundable once delivered or made available. Promotional credits, hosting periods, and storage limits are subject to the terms displayed at the time of purchase.

Failure to maintain sufficient credits or storage may limit uploads or functionality. We are not liable for loss of access resulting from expired plans, insufficient balance, or account suspension for non-payment.

9. Privacy

Our collection and use of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. Our use of cookies and similar technologies is described in our Cookie Policy. You acknowledge that use of the Services involves processing of personal data and cookies as described in those policies.

10. Third-Party Services

The Services may integrate with or rely on third-party providers, including cloud infrastructure, payment processors, analytics tools, and face-recognition services. Your use of third-party services may be subject to separate terms and privacy policies.

Phomo is not responsible for third-party services, websites, links, or content outside our control. Availability of third-party integrations may change without notice.

11. Phomo Intellectual Property

The Services, including software, design, trademarks, logos, documentation, and underlying technology, are owned by Phomo or its licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may not copy, modify, distribute, sell, lease, or create derivative works from the Services or our branding except as permitted by law or with our prior written consent.

12. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR QUIET ENJOYMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF HARMFUL COMPONENTS, OR THAT CONTENT WILL BE PRESERVED WITHOUT LOSS, THAT FIND ME OR OTHER AUTOMATED FEATURES WILL BE ACCURATE, OR THAT DEFECTS WILL BE CORRECTED.

YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR CONTENT YOU UPLOAD, EVENT SETTINGS YOU CONFIGURE, AND DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED THROUGH THE SERVICES.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PHOMO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PHOMO FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH CASES, THE ABOVE LIMITATIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless Phomo and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Content; (b) your use of the Services; (c) your violation of these Terms or applicable law; (d) your Event settings, notices, or consents; or (e) any dispute between you and another user or guest.

15. Suspension and Termination

You may stop using the Services at any time. You may request Account closure by contacting us, subject to retention obligations and outstanding fees.

We may suspend or terminate your access to the Services, remove Content, or restrict features immediately if we reasonably believe you have violated these Terms, created risk or possible legal exposure, failed to pay applicable fees, or where required by law.

Upon termination, rights granted to you under these Terms will end, but sections that by their nature should survive will continue, including ownership provisions, disclaimers, limitations of liability, indemnity, and governing law.

16. Force Majeure

We are not liable for delay or failure to perform obligations due to events beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, governmental actions, internet or telecommunications failures, power outages, cyber incidents, or failures of third-party infrastructure providers.

17. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on phomo.io with an updated effective date. Material changes may be communicated through the Services or by email where appropriate. Continued use after the effective date constitutes acceptance of the revised Terms, except where prohibited by law. If you do not agree to updated Terms, you must stop using the Services.

18. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Türkiye, without regard to conflict-of-law principles, except where mandatory consumer protections in your country of residence apply.

Unless otherwise required by mandatory law, the courts and enforcement offices of Istanbul (Central) shall have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services.

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve disputes by contacting hello@phomo.io.

19. General Provisions

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding the Services, except for any separate written enterprise agreement signed by Phomo.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Electronic communications: You consent to receive communications electronically, including notices sent to your registered email address.
• Records: Electronic records maintained by Phomo may be used as evidence in disputes to the extent permitted by law.