Terms & Conditions

1. Eligibility

You must be at least 13 years old to use the Service. If you are under the age of majority in your jurisdiction, you may only use the Service with the consent of a parent or legal guardian.

2. The Service, Storage Limits & Fair Use Policy

POVer provides a platform for capturing and pooling event photos. To ensure platform stability, prevent abuse, and protect our infrastructure, your use of the Service is strictly subject to the following rules:

• The 30GB Hard Cap: Each standard event package is subject to a strict maximum storage limit of thirty gigabytes per person (30 GB) (the "Hard Cap"). Once this Hard Cap is reached, POVer reserves the right to automatically disable further uploads, compress existing files, or require the Host to upgrade to a higher-capacity or commercial tier. We do not guarantee the successful upload of any media that exceeds this limit.
• Commercial Abuse and Loophole Circumvention: Our standard consumer packages are designed and priced for individual, private events (e.g., a single couple hosting a wedding or a private party). They are not intended for commercial exploitation, multi-client use, or account sharing.
• Prohibited Commercial Use: You strictly agree not to exploit the Service by sharing a single consumer-tier event link or Account among multiple professionals (e.g., a group of photographers using one cheap package for multiple different shoots or clients), using the platform as a professional cloud delivery system, or otherwise manipulating our pricing structure.
• Right to Terminate: If we, in our sole and absolute discretion, detect abnormal upload patterns, disproportionate bandwidth usage, or any circumvention of our intended pricing tiers, we reserve the right to immediately suspend or terminate the event album, revoke access, and cancel our agreement with you without prior notice and without any obligation to provide a refund.

3. Payments and Non-Refundable Policy

• Purchasing Events: Certain features or extended event hosting require a one-time payment. Prices are subject to change without notice.
• No Refunds: All payments are final and strictly non-refundable. We do not issue refunds if your event is canceled, if you fail to display the QR code, if Guests choose not to participate, or if the venue lacks adequate internet connectivity.

4. Content Ownership and Licenses (The "Host License")

When a Guest uploads photos or videos ("User Content") to an event album:

• To POVer: You retain ownership of your content. However, you grant POVer a limited, worldwide, royalty-free, sub-licensable license to host, store, process (including generating thumbnails and compressing files), and display that content strictly and solely to operate the Service. We do not sell your content, use it for our own marketing without explicit consent, or use it to train AI models.
• To the Event Host: Crucially, you also grant the creator of the event (the "Host") a non-exclusive, perpetual, worldwide, royalty-free license to download, use, reproduce, display, and distribute your uploaded content. Guests acknowledge that Hosts have full control over the album and POVer cannot force a Host to delete downloaded photos.

5. Prohibited Conduct and NSFW Content

You agree NOT to use the Service to upload, post, or transmit any content that:

• Contains nudity, sexually explicit material, or pornography.
• Is excessively violent, harassing, hateful, defamatory, or discriminatory.
• Infringes on any third party's intellectual property, copyright, or privacy rights.
• Contains malicious code, viruses, or attempts to scrape, reverse-engineer, or overload our servers.
• Zero Tolerance: POVer acts as a passive conduit. However, Hosts are responsible for moderating their event. We reserve the right to instantly delete any offending content, terminate the event album without a refund, and report illegal material to law enforcement.

6. Disclaimers of Warranties ("As-Is")

• Your use of the Service is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE".
• No Tech Guarantees: We do not warrant that the Service will be uninterrupted, error-free, or function perfectly on all mobile browsers or networks. We are not responsible for upload failures caused by poor Wi-Fi/cellular reception at your event venue.
• No Data Guarantees: We are not an archival service. We do not guarantee the permanent preservation of your photos. We strongly advise Hosts to download their albums immediately after the event.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POVer, ITS FOUNDERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of data, photos, or memories.
• Emotional distress arising from technical failures during an event.
• Unauthorized access to your event album (e.g., if a link is shared publicly).
• LIABILITY CAP: IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SPECIFIC EVENT, OR (B) ONE HUNDRED EUROS (€100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless POVer from any claims, damages, liabilities, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) any User Content you upload that violates the law or third-party rights.

9. Dispute Resolution & Class Action Waiver

• Governing Law: These Terms are governed by the laws of Slovakia, without regard to its conflict of law principles.
• Class Action Waiver: YOU AND POVer AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
• Jurisdiction: Any legal action or proceeding shall be brought exclusively in the courts located in Bratislava, Slovakia.

10. Modifications

We may modify these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the new Terms.

11. Third-Party Services

We use third-party services to improve and monitor our Service. These include Firebase for tracking and analytics, Sentry for crash reporting, and AppsFlyer as our Mobile Measurement Partner (MMP). By using the Service, you acknowledge and agree to the processing of your data by these third-party services as described in our Privacy Policy.

Contact Information

If you have any questions, contact us at: [email protected]