Terms of Service

1. About these terms

These terms are the agreement between you and MomentPool for your use of the service. By creating an account, creating an album, or opening an album link as a guest, you accept them.

Our Privacy Policy explains how we handle personal information, and it forms part of these terms.

If you do not accept these terms, please do not use the service.

2. Eligibility

You must be at least 16 to create an account or host an album if you are in the EEA or the UK, and at least 13 everywhere else. By using the service you confirm that you meet the age that applies to you.

3. Accounts

You need an account to create an album. Keep your password to yourself, and tell us straight away if you think someone else has used your account.

You are responsible for what happens under your account, so give us accurate details and keep them up to date.

Guests do not need an account. Anyone you invite joins an album with a display name only.

4. Albums and guests

When you create an album you choose its name and its end date, and we give you a link to share.

The link is the invite. Anyone who has it, together with the PIN if you set one, can view the album, add photos to it and download from it. You decide who to send it to, so treat the link as you would the key to a shared folder.

As the host you can delete the album or any photo in it at any time. Guests can add photos and download them, and the display name a guest chooses is shown to everyone else in that album.

5. Your content

Your photos stay yours. Uploading them does not give us ownership of them.

You do give us permission to store, process and display your photos for the single purpose of running the album they were uploaded to. That permission ends when the album is deleted.

We never analyse what is in your photos, never run facial recognition over them, and never use them to train machine learning models.

You are responsible for having the right to upload each photo, including the agreement of the people who appear in it.

6. Acceptable use

Use the service for sharing photos with people you know. Do not use it to do any of the following.

• Upload anything unlawful, or anything you do not have the right to share.
• Upload sexual content involving anyone under 18, which we report to the relevant authorities.
• Harass, threaten or impersonate anyone, or upload content intended to harm someone.
• Upload malware, or anything designed to interfere with the service.
• Try to reach albums you were not invited to, scrape the service, or work around photo limits, rate limits or expiry dates.
• Resell the service or present it as your own.

If you break these rules we may remove content, close an album, or end your access, as described in section 12.

7. Plans and payment

Albums are bought one at a time, for one occasion. There is no subscription and nothing renews automatically.

The plans available are listed below.

• Gathering. Free forever. Up to 50 photos. Link valid for 3 days.
• Get-together. $9 / occasion. Up to 200 photos. Link valid for 7 days.
• Celebration. $19 / occasion. Up to 500 photos. Link valid for 30 days.
• Festival. $49 / occasion. Unlimited photos. Link valid for 90 days.

Prices are in US dollars and are shown to you before you pay. Payment is handled by Stripe, and we never receive your full card details. You can upgrade an album to a larger plan while it is still open.

8. Refunds

An album is available to use as soon as it is created, so purchases are final once that has happened.

If you are a consumer in the EEA or the UK you normally have 14 days to withdraw from a purchase of digital content. By creating your album straight away you ask us to start supplying it immediately, and you accept that the withdrawal right ends once the album exists.

None of this affects the consumer guarantees under the Australian Consumer Law, which cannot be excluded, or any similar right you have where you live. If the service is faulty or is not what we described, you may be entitled to a remedy.

If something goes wrong on our side and you cannot use an album you paid for, email us at hello@momentpool.app and we will put it right.

9. Album expiry

Every album has an end date chosen by its host. The album stays open for the whole of that day and is deleted at the following midnight in the host's time zone.

When an album expires the link stops working and every photo in it is permanently deleted. Deletion cannot be undone, and this is the service working exactly as intended rather than a fault.

We remind the host before the end date so that everyone has a chance to save what they want to keep.

MomentPool is not a backup service. Keep your own copy of any photo that matters to you.

10. Service availability

We work to keep the service running well, but we cannot promise it will always be available or free of errors. The service is provided as it is and as it is available at the time.

We may add, change or withdraw features as the service develops.

11. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential loss, including lost profits, lost opportunities or lost data.

Our total liability for any claim about an album is limited to the amount you paid for that album.

We are not liable for photos that are deleted when an album reaches its end date, or for photos nobody saved before then, because that deletion is the service behaving as described in section 9.

Nothing in these terms excludes or limits any right or remedy that cannot be excluded under the Australian Consumer Law or under the law where you live. Where the law allows us to limit our liability under a consumer guarantee, that liability is limited to supplying the service again or paying the cost of supplying it again.

12. Suspension and termination

You can close your account at any time from your account settings, and you can delete any album you host.

We may suspend or end your access if you break these terms, if the law requires it, or if we need to protect the service or the people using it. Where it is reasonable to do so, we will tell you first.

If we end your access because you broke these terms, you are not entitled to a refund.

13. Our intellectual property

The MomentPool name, branding and the software behind the service belong to us. These terms do not give you any right to use them.

If you send us feedback or ideas about the service, we may use them without owing you anything for them.

14. Changes to these terms

We may update these terms as the service develops. If a change materially affects your rights, we will tell you by email or through the service before it takes effect. The date at the top of this page shows when these terms were last updated.

15. Governing law

These terms are governed by the law of Australia.

If you use the service as a consumer somewhere else, you keep the rights given to you by the law of the country you live in, and nothing in these terms takes those rights away.

16. Contact

For any question about these terms, email us at hello@momentpool.app.