Terms and Conditions

These terms govern the use of guest-pictures.com ("Guest Pictures") by hosts and guests and the purchase of the unlimited-photos unlock.

Provider and scope

(1) The provider and your contractual partner is:

(2) These terms and conditions apply to all contracts for the use of Guest Pictures – for hosts (with an account), for guests (without an account) and for the purchase of an unlock. Deviating terms of business customers only apply if we expressly agree to them.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 German Civil Code, BGB).

Services

(1) Guest Pictures is a web application that lets hosts set up an online gallery for an event. Guests open the event via a link or QR code and, without an account, can upload photos, use an online photo booth and – depending on the host's settings – view the gallery and a slideshow. Hosts can create photo challenges and download all photos as a ZIP file.

(2) Free: Creating and using events is free. Every event includes a free photo allowance shared by all participants; the current allowance is shown in the app. Photos beyond this allowance are also saved, up to a technical maximum, but until an unlock only the person who uploaded them can see them; everyone else sees only a heavily reduced, blurred preview.

(3) Paid unlock: For a one-time payment, unlimited photos can be unlocked for a single event (details under "Unlimited-photos unlock"). There is no subscription and no automatic renewal.

(4) Time frame: Guests can upload photos from the creation of the event until 5 days after the event date; for unlocked events the host can set their own deadline of at most 30 days after the event. Events and all their photos are deleted automatically about 30 days after the event date, unlocked events about 12 months after the event date; the host can delete an event earlier at any time. Please download any photos you want to keep in good time. Guest Pictures is not an archive or backup service.

(5) Disposable camera: Hosts can switch on a disposable camera mode. Each guest can then take a number of photos set by the host with their device, without seeing them first. Until a time chosen by the host, these photos are visible only to the host, who can view and remove them beforehand; a shot counts even if the photo is removed later. Otherwise, disposable-camera photos are subject to the same rules as uploaded photos, including the free allowance.

(6) You need an internet-enabled device with an up-to-date browser, and a camera for the photo booth and the disposable camera. You bear the costs of your internet access.

Account, guests and minimum age

(1) An account with an email address and password is required to create events. Registering concludes a free, open-ended contract of use. Keep your password secret.

(2) Guests use Guest Pictures without an account. Uploading the first photo concludes a free contract of use for the event concerned.

(3) Only adults may create an account or buy an unlock. Minors may use Guest Pictures as guests only with the consent of their parents or legal guardians.

Unlimited-photos unlock

(1) Service: The unlock removes the limit of the free photo allowance for the chosen event: all participants can upload an unlimited number of photos until the upload deadline, and photos already saved beyond the allowance become visible (to everyone allowed to see the gallery under the host's settings). The photos are kept until about 12 months after the event date instead of about 30 days. The host can also adjust the upload deadline (see "Services"). The unlock applies to this one event only and ends when the event is deleted – automatically when the retention period ends, or earlier if the host deletes it.

(2) Who can buy: The unlock can be bought by the host or by any guest. The person who pays is the contractual partner. The unlock benefits the whole event; the host continues to decide about the event itself (e.g. visibility, deletion). If the event has already been unlocked or deleted at the time of payment, we refund the payment automatically in full.

(3) Price: The unlock costs a one-time €29.99, less any discount or partner price redeemed. The price shown before payment is decisive. All prices are final prices. No VAT is charged in accordance with Section 19 of the German VAT Act (small business exemption). There are no further costs (e.g. shipping).

(4) Payment: Payment is due immediately when ordering and is made via our payment provider Stripe by payment card (credit or debit card, depending on the device also via Apple Pay or Google Pay).

(5) Discount and partner codes apply to the unlock only, cannot be combined, may be time-limited and are not paid out in cash.

Conclusion of the contract

(1) The presentation of the unlock in the app is not yet a binding offer. The unlock button takes you to the checkout page of our payment provider Stripe. There you see the service and the total price once more before submitting, and you can check and correct your entries or cancel.

(2) By clicking the button to place the order subject to payment (e.g. "Pay"), you make a binding offer. The contract is concluded when the payment succeeds and we unlock the event, which usually happens immediately.

(3) The contract languages are German and English. We do not store the contract text separately for you; you can view, save and print these terms and the withdrawal instructions here at any time. We send you a confirmation of the contract with this information by email.

Right of withdrawal

(1) Consumers have a statutory right of withdrawal. The details and the model withdrawal form are set out in the withdrawal instructions. You can withdraw online via "Withdraw from contract here" (in the footer of every page).

(2) The unlock takes effect immediately after payment if you have expressly requested beforehand that we begin performance before the end of the withdrawal period. If you withdraw afterwards, we refund the full price, even if you have already used the unlock; we do not charge any compensation. The right of withdrawal expires once we have fully performed the service, provided you confirmed beforehand that you are aware of this.

Money-back guarantee

(1) In addition to the statutory right of withdrawal, we give every buyer of the unlock – consumers and businesses alike – a voluntary money-back guarantee: if you ask within 30 days of payment, you get the full price you paid back, no reason needed.

(2) A short message to hello@guest-pictures.com or via the contact form at guest-pictures.com/contact is enough, ideally with the event name or the payment reference from the order confirmation. We refund without undue delay, at the latest within 14 days of receiving the request, to the original means of payment. The event stays unlocked.

(3) The guarantee applies once per payment. The statutory right of withdrawal and your statutory rights in case of defects remain unaffected; the guarantee does not limit them.

Your content and obligations

(1) You are responsible for the photos and texts you upload or enter (e.g. event name, challenges, custom photo booth text). You may only upload content to which you hold the necessary rights, and only photos of people who agree to them being shared in the event (for children: their parents).

(2) In particular, the following are not allowed:

• illegal content, such as depictions of sexual abuse, glorification of violence, incitement to hatred, insults or threats;
• content that infringes third-party copyright, trademark, personality or data protection rights, in particular images of a person's most private sphere without consent;
• pornographic content, advertising and spam;
• interfering with the technology, automated bulk uploads, circumventing the photo allowance or access restrictions.

(3) Hosts decide who receives the event link and whether the gallery is public. If you use Guest Pictures for professional or business purposes, you are responsible for informing your guests about data protection.

Rights in photos

(1) You keep the rights to your photos. You merely grant us the simple, free, non-transferable right to store the photos, adapt them technically (e.g. downsize them) and display them and make them available for download within the event according to its settings – only as far as necessary to operate Guest Pictures. We do not use your photos for advertising and do not pass them on to third parties. This right ends when the photos are deleted.

(2) By uploading, you allow the host and – if the gallery is public – the participants of the event to view your photos and download them for private purposes. Any further use, e.g. commercial use, requires your separate consent.

(3) Guest Pictures itself (software, design, texts) is protected by copyright.

Reporting illegal content

(1) We do not review uploaded content in advance. If you believe content is illegal, or you are shown in a photo and do not want to be, please report it to hello@guest-pictures.com. Your notice should include: the link to the event and as precise a description of the photo as possible, an explanation of why the content is illegal, your name and email address (except for notices of certain criminal offences, e.g. to protect children), and a statement that your information is accurate and complete to the best of your knowledge.

(2) We confirm receipt, review the notice promptly, diligently and objectively, and inform you of our decision. Decisions are made by a human; we do not use automated moderation. Possible measures are deleting or blocking individual photos, blocking an event, or suspending or terminating an account. We inform affected users whose contact details we know about the measure and its reasons; they can contest it by emailing us. If we become aware of criminal offences threatening the life or safety of persons, we inform the law enforcement authorities.

(3) Hosts can delete their event completely at any time. The single point of contact for authorities and users under the Digital Services Act is listed in the imprint.

Suspension and termination

(1) You can end the free contract of use at any time by deleting your account (hosts) or by no longer using the service (guests). We can terminate the free contract of use by email with two weeks' notice. An unlock that has already been paid for remains unaffected until the end of the event concerned.

(2) Both parties' right to terminate for good cause remains unaffected. Good cause for us exists in particular in the case of serious or repeated violations of the section "Your content and obligations". Before suspending or terminating, we issue a warning where reasonable in the circumstances, taking your legitimate interests into account.

(3) If a paid unlock ends early for reasons you are not responsible for (e.g. because we discontinue the service), we refund the price pro rata.

Availability and changes to the service

(1) We strive for availability with as few interruptions as possible. Maintenance, security updates and disruptions beyond our control may cause brief interruptions.

(2) We keep developing Guest Pictures. We may change or discontinue free features. We only change the features of a paid unlock during its term for a valid reason (e.g. security, a change in the law, technical necessity), at no additional cost to you and after informing you in good time; your rights under Section 327r BGB remain unaffected.

Partner programme

(1) Selected partners (e.g. photographers or wedding planners) can take part by invitation. Partners receive a personal code that gives their customers a partner price, and a commission for every unlock paid via the code, in the amount shown in the invitation or in the account.

(2) The balance is shown in the account and is paid out by bank transfer on request from €50. Refunded payments do not trigger a commission. Partners are responsible for paying tax on their commissions. Abuse (e.g. self-purchases made only to earn commission) leads to exclusion. We can end the programme with one month's notice; commissions earned until then are paid out, even below €50.

Warranty

The statutory warranty rights apply; for consumers in particular the provisions on digital products (Sections 327 et seq. BGB).

Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.

(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage that was foreseeable and typical for the contract at the time it was concluded. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely.

(3) Otherwise, we are not liable for slight negligence.

(4) For the loss of photos, we are liable in the case of slight negligence only within the scope of paragraph 2 and only to the extent that the damage would also have occurred had the photos been downloaded in good time.

(5) These rules also apply in favour of our vicarious agents.

Changes to these terms

Changes to these terms apply to contracts concluded after the change. For existing accounts, amended terms only apply if you agree to them; we inform you beforehand by email or at your next login. If you do not agree, the previous terms continue to apply; either party may then terminate the free contract of use under the section "Suspension and termination".

Final provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you additionally keep the protection of the mandatory provisions of the country in which you have your habitual residence.

(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Frankfurt am Main. For consumers, the statutory places of jurisdiction apply.

(3) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If there is a problem, simply write to us at hello@guest-pictures.com.

(4) Should individual provisions be invalid, the remainder of the contract remains valid (Section 306 BGB).