Terms of Service

1. Acceptance of Terms

By accessing or using SnapUtsav ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service. These terms apply to all visitors, users, and others who access the Service, regardless of their location.

2. Description of Service

SnapUtsav is a web-based platform provided by Wolkn Minds (the Netherlands) that enables event organizers to create branded photo frames for their events. Attendees can upload photos, which are processed with the organizer's frame templates and made available for sharing.

2.1 Photo Retention and Deletion

Photos uploaded by attendees are automatically deleted after a retention period following the event date. Free plan: 7 days. Paid plans: 30, 60 (default), 90, or 180 days. Once the retention period expires, all generated and original photos are permanently and irrecoverably deleted. Administrators may also manually delete photos after an event has ended. It is the organizer's responsibility to download photos before expiry.

3. Organizer Responsibilities

Event Organizers who use the Service agree to:

• Lawful Basis: Ensure they have a lawful basis under their own applicable local laws for collecting and processing attendee photos at their events, including informing attendees that photos will be processed using SnapUtsav
• Local Compliance: Comply with all data protection and privacy laws applicable in their jurisdiction (e.g., GDPR, UK GDPR, CCPA, DPDP Act, PDPA, PIPEDA, or any other relevant legislation)
• Attendee Notification: Inform attendees at their events that uploaded photos will be processed with frame templates and stored for the configured retention period
• Minors: Ensure that attendees uploading photos are at least 16 years of age, or that appropriate parental or guardian consent has been obtained where required by law
• Data Subject Requests: Handle data subject requests from their event attendees. SnapUtsav will provide reasonable assistance upon the organizer's instruction
• Content Responsibility: Ensure that frame templates and event content do not infringe on third-party rights or violate applicable laws
• Data Retention: Download any photos they wish to retain before the retention period expires. SnapUtsav is not liable for data lost due to automatic or manual deletion after the event
• Voluntary Participation: Not coerce, pressure, or require attendees to upload photos as a condition of event participation. Photo uploads must remain voluntary

4. Attendee Consent

By uploading a photo to an event page, attendees voluntarily consent to the photo being processed with the event organizer's frame template and stored for the duration of the event's retention period. Attendees may request early deletion by contacting the event organizer or SnapUtsav at support@snaputsav.com.

5. Account Registration

To use certain features, you must create an account. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must provide accurate information and update it promptly if it changes.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws
• Upload content that is offensive, defamatory, infringing, or violates the rights of others
• Attempt to gain unauthorized access to the Service or its related systems
• Interfere with or disrupt the integrity or performance of the Service
• Use automated means to access the Service without our express permission

7. Intellectual Property

Your Content: You retain all rights to photos and images you upload. By uploading content, you grant SnapUtsav a limited, non-exclusive license to process, store, and display your content solely to provide the Service.

Our Content: The Service, including its design, features, and branding, is owned by Wolkn Minds and protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without permission.

8. Payments and Billing

Paid features are billed through Stripe. Subscription plans renew automatically unless cancelled before the renewal date. Prices are displayed in your selected currency and include applicable taxes where required. Refunds are handled on a case-by-case basis.

For EU consumers: You have the right to withdraw within 14 days, provided the Service has not been fully performed with your prior express consent. Similar cooling-off rights may apply in your jurisdiction.

9. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the Service at any time with reasonable notice where practicable.

10. Limitation of Liability

To the maximum extent permitted by applicable law, SnapUtsav and Wolkn Minds shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including:

• Consumer rights under the EU Consumer Rights Directive and applicable EU member state laws
• The UK Consumer Rights Act 2015
• The Australian Consumer Law
• Applicable consumer protection statutes in the United States, Canada, Singapore, Malaysia, India, and other jurisdictions

11. Indemnification

Event Organizers agree to indemnify, defend, and hold harmless SnapUtsav, Wolkn Minds, and its officers, directors, and employees from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from:

• The Organizer's failure to obtain a lawful basis for collecting attendee photos under applicable local laws
• The Organizer's failure to adequately inform attendees about photo processing
• Claims brought by attendees, third parties, or regulatory authorities resulting from the Organizer's non-compliance with data protection laws
• Content uploaded by the Organizer that infringes third-party rights
• The Organizer's failure to ensure voluntary participation or to obtain parental consent for minors
• Any other breach of these Terms by the Organizer

This indemnification obligation survives termination of the Organizer's account and applies to the maximum extent permitted by applicable law.

12. Termination

We may suspend or terminate your account if you violate these Terms. You may delete your account at any time by contacting us. Upon termination, your right to use the Service ceases, but provisions that by their nature should survive will remain in effect.

13. International Users

SnapUtsav serves customers globally. By using the Service from outside the Netherlands, you acknowledge that your data will be processed in the EU/EEA in accordance with Dutch and EU data protection standards.

These Terms do not override any mandatory consumer protection rights under the laws of your country of residence, including but not limited to EU, UK, Australian, Canadian, Singaporean, Malaysian, and Indian consumer protection legislation.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Service. Continued use after changes constitutes acceptance.

15. Governing Law

These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-law provisions. Disputes shall be submitted to the competent courts in the Netherlands.

EU/EEA consumers may also bring proceedings in the courts of their country of residence. Nothing in this clause limits your right to invoke mandatory consumer protection laws of your country of residence.

16. Contact

If you have questions about these Terms, contact us at support@snaputsav.com or via our contact form.

SnapUtsav is a product of Wolkn Minds
The Netherlands