Terms of Service

1. Agreement to these terms

These Terms of Service govern your access to and use of SimplyCandid and any related websites, applications, event pages, galleries, live slideshows, messaging, billing flows, and support services we make available (collectively, the Service). By accessing or using the Service, you agree to these Terms with SimplyCandid. If you do not agree, do not use the Service.

If you use the Service for a company, venue, agency, or other organization, you represent that you have authority to bind that entity, and "you" includes that entity.

2. Definitions and scope

• Host means a customer who creates, manages, or pays for an event, gallery, live slideshow, subscription, or related account.
• Guest means a person invited or allowed to submit media, reactions, or other content to an event.
• Viewer means a person who accesses an event gallery, slideshow, or other event content.
• Visitor means anyone browsing our public website or marketing pages.
• Event means a host-created experience, page, gallery, or slideshow operated through the Service.
• Content means photos, videos, text, names, comments, reactions, logos, and other materials submitted to or shown through the Service.

These Terms apply to Hosts, Guests, Viewers, and Visitors, but some provisions apply more specifically based on your role.

3. Eligibility and accounts

You must be at least 13 years old to upload Content or use interactive event features. Hosts are responsible for maintaining accurate account information, protecting credentials, and all activity that occurs through their accounts unless caused by our breach of these Terms.

4. Host responsibilities

• Hosts control whether Event links, gallery links, or access credentials are shared, and Hosts are responsible for who they invite or allow to access an Event.
• Hosts must obtain all permissions, notices, and consents needed for the Event, including venue rules, performer permissions, client permissions, and any required rights to collect, display, and distribute attendee media.
• Hosts are responsible for configuring and using moderation, access, and download settings appropriately for their Events.
• Hosts must not use the Service to monitor, collect, or disclose media in violation of privacy, publicity, copyright, contract, employment, or other rights.

5. Guest, Viewer, and Visitor responsibilities

• Guests may only upload Content they own or are authorized to share and must have any permissions or consent required from the people, venues, or rightsholders shown or heard in that Content.
• Guests understand that uploaded Content may be displayed to Hosts, Viewers, and other authorized Event participants.
• Viewers and Visitors may not scrape, bulk-download, republish, sell, or exploit Content or data obtained through the Service except as explicitly allowed by the Host or applicable law.

6. User content, permissions, and feedback

You retain ownership of your Content. You grant SimplyCandid a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, adapt, display, perform, and otherwise use that Content as needed to operate, secure, improve, and support the Service, including event galleries, live slideshows, downloads, customer support, fraud prevention, content review, backups, and legal compliance.

You represent and warrant that you have all rights, licenses, permissions, and consents necessary for your Content and your use of the Service, and that your Content and use of the Service will not violate law or infringe, misappropriate, or otherwise violate any third-party rights.

If you send us suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide, sublicensable, transferable, royalty-free license to use that feedback for any lawful purpose without compensation or attribution to you.

7. Acceptable use and prohibited content

• Content that is illegal, infringing, defamatory, fraudulent, deceptive, hateful, harassing, threatening, exploitative, obscene, sexually explicit involving minors, or otherwise harmful.
• Malware, malicious code, phishing pages, credential harvesting, spam, bulk solicitation, or attempts to probe, disable, or bypass security or access controls.
• Impersonation, unauthorized account access, deceptive payment activity, or use of the Service to violate privacy, confidentiality, or publicity rights.
• Interference with the Service, reverse engineering except where prohibited by law, automated extraction of data, or use that creates unreasonable load or operational risk.

8. Moderation and enforcement

We may, but are not required to, monitor Content and activity for safety, security, fraud prevention, legal compliance, product operations, and enforcement of these Terms. We may review, screen, flag, block, refuse, remove, disable access to, or preserve Content, and we may suspend or terminate accounts, Events, links, purchases, or access if we believe doing so is appropriate to protect the Service, users, rightsholders, or third parties, or to comply with law or a valid legal request.

9. Copyright complaints and DMCA notices

If you believe Content on the Service infringes your copyright, send a notice to support@simplycandid.app with: (a) your contact information, (b) identification of the copyrighted work, (c) identification of the allegedly infringing material and its location, (d) a good-faith statement that the disputed use is not authorized, (e) a statement under penalty of perjury that your notice is accurate and that you are authorized to act, and (f) your physical or electronic signature. We may remove or disable access to the material while we review the notice and may terminate repeat infringers where appropriate.

10. Billing, subscriptions, taxes, and orders

Certain features require payment, including one-time Event purchases such as Event Pass and recurring plans such as DJ / Host Plan or Team / Business. By placing an order, starting a trial, or subscribing, you authorize us and our payment processors to charge the payment method you provide for applicable fees, taxes, and any other amounts disclosed at checkout or in your order flow.

Subscriptions renew automatically at the end of each billing period unless canceled before renewal. Prices, included usage, credits, trial terms, and plan features may change prospectively. We may provide notice of material pricing changes before they apply to a renewal period where required by law.

Except as required by law or expressly stated in your checkout flow, order form, or separate written agreement, fees are non-refundable, taxes are your responsibility, and partial billing periods are not prorated. Canceling a subscription stops future renewals but generally does not entitle you to a refund for the current period. We may correct pricing mistakes, refuse or cancel orders, and limit purchase quantities where appropriate.

11. Storage, backups, and retention

The Service is not an archival or guaranteed backup service. Hosts and users are responsible for keeping their own copies of important Content. While retention settings may vary by plan, Event configuration, or legal obligations, Event media may become unavailable after an Event retention window ends. The current standard product experience keeps Event photos viewable for about 60 days after the Event date unless we specify otherwise.

We may delete, archive, or stop making Content available when retention periods expire, accounts close, subscriptions lapse, storage limits are exceeded, systems are updated, or continued retention is no longer operationally practical or legally appropriate. Backup copies and logs may persist for a limited period after deletion.

12. Third-party services and external links

The Service may rely on or interoperate with third-party services for hosting, storage, analytics, support, payments, email, security scanning, embedded content, and other functionality. We are not responsible for third-party products, sites, services, or content, and your use of them may be governed by separate terms and privacy policies.

13. Electronic communications

By using the Service, creating an account, placing an order, or contacting us electronically, you consent to receive electronic communications from us, including service notices, billing notices, transactional messages, security updates, and records related to your account or purchases. You agree that electronic records and signatures satisfy legal requirements for writings and signatures to the extent permitted by law.

14. Service changes and availability

We may modify, suspend, or discontinue any part of the Service at any time, including features, integrations, plan structures, limits, or availability by region or device. We do not guarantee uninterrupted, timely, secure, or error-free operation, or that Content will always be available.

15. Intellectual property

The Service, including our software, design, branding, text, graphics, interfaces, and underlying technology, is owned by SimplyCandid or its licensors and protected by intellectual property and other laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in and to the Service.

16. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, and that the Service will be uninterrupted or free from harmful components.

17. Limitation of liability

To the maximum extent permitted by law, SimplyCandid and its affiliates, licensors, service providers, and personnel will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, goodwill, data, or business opportunities, arising out of or related to the Service or these Terms.

To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amounts you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) $100.

18. Indemnification

You will defend, indemnify, and hold harmless SimplyCandidand its affiliates, licensors, service providers, and personnel from and against claims, demands, actions, damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your Content, Events, event-link sharing, permissions or consent failures, use of the Service, violation of these Terms, or violation of law or any third-party rights.

19. Suspension, termination, and effects

You may stop using the Service at any time. We may suspend or terminate your access, links, Events, or account, with or without notice, if we believe you violated these Terms, created risk or possible legal exposure, failed to pay amounts due, or if we are required or choose to stop offering the Service. After termination or suspension, your right to use the Service ends immediately, but sections that by their nature should survive will survive, including provisions on payments due, Content licenses needed for retained copies, feedback, intellectual property, disclaimers, limitations of liability, indemnity, dispute terms, and general legal provisions.

20. Governing law and disputes

These Terms and any dispute related to them or the Service are governed by the laws of United States, excluding conflict of laws rules. Unless applicable law requires otherwise, the state or federal courts located in United States will have exclusive jurisdiction, and you and SimplyCandid consent to personal jurisdiction and venue there.

21. General legal terms

We may assign these Terms and our rights under them, including in connection with a merger, acquisition, sale of assets, or by operation of law. You may not assign these Terms without our prior written consent. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. These Terms, together with any additional terms, order forms, or policies expressly incorporated by reference, are the entire agreement between you and us regarding the Service.

22. Changes to these terms

We may update these Terms from time to time. If we make material changes, we may provide notice through the Service or by other reasonable means. Updated Terms become effective when posted unless we state otherwise. Your continued use of the Service after the effective date of revised Terms means you accept them.

23. Contact

For legal or general questions about these Terms, email support@simplycandid.app. For billing questions, email support@simplycandid.app.