Terms of Service

Effective date: 24 April 2026

These Terms of Service govern access to and use of MomentoShake, an event photo service that lets organizers create paid events, invite guests through QR links, collect one guest photo with an optional message, generate polaroid-style images, and provide event galleries.

Contact: privacy@momentoshake.com

1. Definitions

In these Terms:

• MomentoShake, we, us, and our mean the operator of the MomentoShake service.
• Service means the MomentoShake application, organizer dashboard, guest upload flow, public galleries, generated polaroids, ZIP exports, transactional emails, and related functionality.
• Organizer means the person who creates an account, creates an event, purchases a plan, manages the event, and shares QR or gallery links.
• Guest means a person who accesses an event through a QR link and uploads one photo with an optional message.
• Gallery visitor means a person who accesses an event gallery.
• User means any organizer, guest, gallery visitor, or other person using the Service.
• Event means a paid organizer-created photo collection experience in MomentoShake.
• Event content means event names, dates, guest names, uploaded photos, optional messages, generated polaroids, thumbnails, gallery links, QR links, passwords, and ZIP exports.
• Plan means a paid event package offered by MomentoShake.

2. Acceptance of These Terms

By creating an account, purchasing an event plan, uploading a guest photo, accessing a gallery, or otherwise using the Service, you agree to these Terms.

If you use the Service on behalf of another person, company, organization, couple, venue, agency, or event host, you confirm that you have authority to accept these Terms for that person or organization.

If you do not agree to these Terms, do not use the Service.

3. Service Overview

MomentoShake is designed for event-based photo collection. The core flow is:

1. An organizer creates an event.
2. The organizer selects and pays for a plan.
3. The event is activated after payment confirmation.
4. Guests access the event through a QR link.
5. Each guest provides their name, uploads exactly one photo, and may add an optional message.
6. MomentoShake generates a polaroid-style image.
7. Event content appears in the event experience and gallery according to the selected plan.
8. Event galleries expire according to the selected plan and are later purged.

The Service is intended for weddings, birthdays, private parties, corporate events, and similar lawful events where participants expect photo collection.

4. Eligibility

Organizer accounts and paid purchases are intended for users who are at least 18 years old and legally able to enter into binding contracts.

Guests do not need an account. If a guest is under the age required to consent under applicable law, the organizer and the person supervising that guest are responsible for ensuring appropriate permission.

The Service must not be used to collect, publish, or distribute photos of minors without appropriate parental, guardian, school, venue, or other required authorization.

5. Organizer Accounts

Organizers must provide accurate account information, keep their email address up to date, and protect their login credentials.

Organizers are responsible for all activity under their account, including:

• Events they create.
• Plans they purchase.
• QR links they share.
• Gallery links and passwords they distribute.
• Photos and messages uploaded to their events.
• ZIP exports generated from their events.
• Requests or complaints from guests and photo subjects.

Organizers must notify MomentoShake promptly if they believe their account, QR link, gallery link, or gallery password has been compromised.

MomentoShake may require email verification before an organizer can access or use certain features.

6. Event Plans

MomentoShake currently offers only paid plans. There is no free plan.

The core plan model is:

Plan features may be shown on the website or in the application. If there is a conflict between marketing wording and these Terms, the specific plan rules displayed at checkout and these Terms control unless mandatory consumer law says otherwise.

Unlimited photo plans are still subject to fair use, technical limits, file-size limits, abuse controls, and availability constraints.

7. Payment, Checkout, and Activation

Payments are processed through Paddle. MomentoShake does not store full payment card details.

An event may be created in draft status before payment. The event becomes active only after successful payment confirmation through Paddle.

The organizer is responsible for providing accurate billing information during checkout. Paddle may collect taxes, provide invoices, process refunds where applicable, handle payment compliance, and apply its own checkout terms and privacy notices.

MomentoShake may store payment references, transaction identifiers, invoice numbers, status, totals, tax, currency, and billing timestamps to activate events, maintain records, resolve disputes, and comply with legal obligations.

8. Prices and Taxes

Prices are displayed before checkout. Taxes may be calculated and collected by Paddle according to applicable law and checkout information.

MomentoShake may change prices, plan features, or available plans at any time. Price changes do not affect an already purchased event unless clearly stated or required by law.

9. Refunds and Cancellation

Because MomentoShake provides event-based digital services that may become usable immediately after payment, refund rights can depend on the user’s country, consumer/business status, whether the event has been activated, whether the QR link or gallery has been used, and whether digital performance has started.

Unless mandatory law gives the organizer a stronger right:

• Refund requests must be sent to privacy@momentoshake.com with the account email, event name, and Paddle transaction reference if available.
• Refunds may be refused if the event has already been activated and used, guests have uploaded photos, generated assets have been created, or the service has been materially performed.
• Duplicate charges, clear billing errors, or failed activation after successful payment will be investigated and corrected where appropriate.
• Approved refunds are processed through Paddle and may take time depending on payment method and bank handling.

For EU/EEA consumers, statutory withdrawal rights may apply. However, withdrawal rights for digital content or digital services may be limited or lost once performance begins with the consumer’s prior consent and acknowledgement, where applicable law allows this. Checkout wording should clearly handle this before public launch.

10. Organizer Responsibilities for Guests and Photos

Organizers are responsible for the event context and for making sure photo collection is lawful.

Organizers must:

• Inform guests that MomentoShake will process their name, photo, and optional message.
• Explain whether the gallery is public by link or password protected.
• Share QR links and gallery links only with intended participants.
• Obtain consent or another lawful basis where required.
• Handle requests from guests or people appearing in photos.
• Delete inappropriate photos from the dashboard where necessary.
• Avoid using public galleries for sensitive events unless appropriate safeguards are in place.
• Ensure photos of minors are collected and shared only with proper permission.

Organizers must not use MomentoShake to secretly collect photos, surveil people, shame people, harass people, publish non-consensual images, or create galleries that violate privacy or image rights.

11. Guest Responsibilities

Guests must upload only photos they are allowed to share.

Guests must not upload content that:

• Violates privacy, image rights, copyright, venue rules, or applicable law.
• Includes people who have objected to being photographed or included.
• Is sexually explicit, exploitative, abusive, hateful, defamatory, threatening, or harassing.
• Shows minors in an unlawful, exploitative, unsafe, or inappropriate context.
• Contains illegal activity or promotes harm.
• Includes malware, hidden payloads, or attempts to disrupt the Service.
• Impersonates another person or uses misleading identity information to bypass event rules.

MomentoShake is built around one intentional guest contribution. Guests must not attempt to bypass the one-photo-per-guest design, rate limits, validation, or other service controls.

12. Gallery Links, QR Links, and Passwords

QR links and gallery links are access mechanisms. Anyone with a valid active link may be able to use the related feature, unless additional protections apply.

Basic and Event galleries use public share links. Public share links are not search-engine publication by design, but they are still accessible to anyone who receives the link.

Premium galleries may be password protected if the organizer sets a password. The organizer is responsible for choosing a suitable password and sharing it only with intended viewers.

MomentoShake is not responsible for unauthorized access caused by an organizer or guest sharing QR links, gallery links, passwords, screenshots, downloaded files, or ZIP exports with unintended people.

13. Event Content Ownership and License

Users keep whatever rights they have in their uploaded photos, messages, and other content.

By uploading content or creating an event, the user grants MomentoShake a limited, worldwide, non-exclusive, royalty-free license to host, store, process, resize, transform, generate polaroid-style images, create thumbnails, create ZIP exports, display content in the event experience and gallery, transmit content to intended viewers, and otherwise operate the Service.

This license lasts only as long as needed to provide the Service, meet legal obligations, maintain security, resolve disputes, and perform retention and deletion processes described in these Terms and the Privacy Policy.

MomentoShake does not claim ownership of user photos.

14. Intellectual Property in the Service

MomentoShake owns or licenses the application, software, design, branding, workflows, templates, generated layout style, documentation, and other Service materials, excluding user-provided content.

Users may not copy, reverse engineer, scrape, reproduce, resell, or create derivative services from MomentoShake except as allowed by law or with written permission.

Generated polaroid images may include a MomentoShake visual style, formatting, or signature unless a plan explicitly states otherwise.

15. Content Moderation and Removal

MomentoShake does not pre-review every uploaded photo or message.

MomentoShake may remove, restrict, disable, or delete event content if it reasonably believes that the content:

• Violates these Terms.
• Violates applicable law.
• Infringes privacy, intellectual property, or image rights.
• Creates security, abuse, or operational risk.
• Exposes MomentoShake, organizers, guests, or others to legal liability.

MomentoShake may suspend or terminate accounts or events for serious or repeated violations.

16. Data Retention and Deletion

Event galleries expire according to the selected plan:

• Basic: 30 days from event date.
• Event: 180 days from event date.
• Premium: 365 days from event date.

When a gallery expires, the event is marked expired and soft-deleted. Related photos are soft-deleted. Event files are permanently purged later through scheduled cleanup.

Expired, soft-deleted events are permanently purged after they have been soft-deleted for at least 30 days. Purge deletes event records, photo records, original files where present, generated polaroids, thumbnails, and ZIP exports.

For Basic and Event plans, original uploaded photos are deleted after successful polaroid generation. For Premium plans, original uploaded photos are retained during the gallery lifetime for organizer download.

Organizers can delete photos from the event dashboard. Dashboard deletion soft-deletes the photo immediately, with final file cleanup handled by the scheduled purge lifecycle.

Organizers can delete their account from account settings. Account deletion soft-deletes the account and related events. Some records may be retained as needed for tax, accounting, payment, security, dispute, or legal reasons.

More detail is available in the Privacy Policy.

17. Service Availability

MomentoShake is a side-project service and may not provide enterprise-level uptime, support, or service-level agreements.

MomentoShake aims to keep the Service available, but availability may be affected by:

• Maintenance.
• Hosting provider issues.
• Storage provider issues.
• Payment provider issues.
• Email provider issues.
• Queue worker delays.
• Image-processing failures.
• Network problems.
• Security incidents.
• Force majeure events.
• User device, browser, or connectivity problems.

MomentoShake may change, suspend, or discontinue parts of the Service where needed for security, reliability, compliance, provider changes, or product development.

18. Processing Delays

Polaroid generation, thumbnail generation, ZIP export generation, emails, expiry warnings, gallery expiry, and purge operations may run through background jobs or scheduled commands.

This means:

• A photo may not appear instantly after upload.
• A generated ZIP may take time to become available.
• Transactional emails may be delayed.
• Expiry and purge actions may happen when scheduled jobs run, not at the exact second of the event deadline.

MomentoShake is not liable for minor processing delays unless mandatory law says otherwise.

19. Third-Party Providers

MomentoShake relies on third-party providers, including:

• Paddle for payments.
• Resend for transactional email.
• Cloudflare R2 for media storage.
• Hetzner for server hosting.
• Google Analytics for landing page analytics, where enabled.

Third-party providers may have their own terms, policies, technical limits, availability issues, and legal roles. MomentoShake is not responsible for third-party provider failures beyond what mandatory law requires, but will take reasonable steps to resolve issues affecting the Service.

20. Acceptable Use

Users must not:

• Use the Service unlawfully.
• Violate privacy, image, publicity, copyright, trademark, or other rights.
• Upload illegal, harmful, abusive, hateful, exploitative, defamatory, or non-consensual content.
• Upload sexual content involving minors or any exploitative content.
• Harass, shame, threaten, stalk, or target people.
• Bypass plan limits, upload limits, duplicate checks, rate limits, authentication, authorization, or gallery protections.
• Attempt to access accounts, events, galleries, storage objects, or files without permission.
• Probe, scan, attack, overload, scrape, or disrupt the Service.
• Upload malware or malicious files.
• Use the Service for spam, phishing, fraud, or deceptive activity.
• Interfere with Paddle checkout, webhooks, payment activation, or transaction records.
• Use the Service in a way that could damage MomentoShake’s reputation, infrastructure, providers, or users.

21. Suspension and Termination

MomentoShake may suspend or terminate access to an account, event, gallery, or feature if:

• The user violates these Terms.
• Payment fails, is reversed, is fraudulent, or is disputed.
• The account or event creates legal, privacy, abuse, or security risk.
• The Service is used for unlawful or harmful content.
• Continued service would expose MomentoShake or others to liability.
• Required by law or provider rules.

Where reasonable, MomentoShake may give notice and an opportunity to fix the issue. Immediate action may be taken for serious violations, security incidents, illegal content, payment fraud, or urgent risk.

Termination does not remove obligations that should reasonably survive, including payment obligations, license limits, disclaimers, liability limits, indemnity, governing law, and dispute terms.

22. Privacy

Personal data is handled according to the Privacy Policy.

By using the Service, users acknowledge that:

• Event photos and messages may include personal data.
• Organizers may be responsible for the lawful basis and disclosure to guests.
• Public share links can be viewed by anyone who receives them while active.
• Premium password protection is optional and depends on the organizer setting and sharing a password responsibly.

23. Security

MomentoShake uses reasonable security measures but cannot guarantee absolute security.

Organizers must:

• Use a strong password.
• Keep account credentials private.
• Enable two-factor authentication where appropriate.
• Keep QR links, gallery links, and gallery passwords private where needed.
• Promptly report suspected unauthorized access.

Security issues can be reported to privacy@momentoshake.com.

24. Disclaimers

The Service is provided on an “as is” and “as available” basis to the extent permitted by law.

MomentoShake does not guarantee that:

• The Service will be uninterrupted or error-free.
• Every uploaded image will process successfully.
• Every email will be delivered instantly or at all.
• Every device, browser, camera format, or network condition will work.
• Guests will upload appropriate or lawful content.
• Organizers will obtain all required permissions.
• Public links or passwords will remain private after users share them.
• Event content will be recoverable after expiry, deletion, purge, or account deletion.

Nothing in these Terms excludes rights that cannot be excluded under mandatory law.

25. Limitation of Liability

To the maximum extent permitted by law, MomentoShake is not liable for:

• Indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, business, goodwill, or anticipated savings.
• Loss of data caused by user action, expiry, deletion, purge, provider failure, or technical failure.
• Unauthorized access caused by shared links, weak passwords, compromised accounts, or user conduct.
• Guest-uploaded content or organizer misuse.
• Payment provider, hosting provider, storage provider, email provider, or analytics provider failures.

To the maximum extent permitted by law, MomentoShake’s total liability for claims relating to a paid event is limited to the amount paid by the organizer for the affected event.

These limits do not apply where liability cannot be limited by law, such as liability for intentional misconduct, gross negligence where applicable, death or personal injury caused by negligence where applicable, or mandatory consumer rights.

26. Indemnity

If you are an organizer, you agree to defend, indemnify, and hold MomentoShake harmless from claims, damages, losses, liabilities, costs, and expenses arising from:

• Your events.
• Your instructions to guests.
• Your sharing of QR links, gallery links, passwords, downloads, or ZIP exports.
• Event content uploaded to your events.
• Failure to obtain required permissions, consents, or lawful bases.
• Violation of privacy, image, copyright, publicity, or other rights.
• Your violation of these Terms or applicable law.

This indemnity applies to the extent permitted by law and does not limit mandatory consumer protections.

27. Changes to the Service or Terms

MomentoShake may update the Service and these Terms over time.

If changes are material, MomentoShake will take reasonable steps to notify organizers, such as updating the effective date, showing an in-app notice, or sending an email.

Updated Terms apply from the effective date stated in the updated version. Continued use after the effective date means acceptance of the updated Terms.

If a user does not agree to updated Terms, they must stop using the Service.

28. Governing Law and Disputes

These Terms are governed by the laws of the Netherlands, unless mandatory consumer protection law requires otherwise.

Courts in the Netherlands will have jurisdiction, unless mandatory law gives the user the right to bring a claim elsewhere, such as in the user’s country of residence.

Before starting formal proceedings, users should contact privacy@momentoshake.com and describe the issue clearly so MomentoShake has a reasonable opportunity to resolve it.

29. Contact

Questions, legal notices, privacy requests, refund requests, and support requests can be sent to:

MomentoShake
privacy@momentoshake.com