Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Pinocchio LLC (“Shared Moments,” “we,” “us,” or “our”), a Delaware limited liability company. By accessing or using the Shared Moments platform at shared-moments.com (the “Service”), you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

Shared Moments provides a digital photo-sharing platform that allows event hosts (“Hosts”) to create photo collection experiences for their event attendees (“Guests”). Guests access the experience via a QR code, take photos through a browser-based camera, and those photos are automatically added to the Host’s event gallery. No app download is required.

3. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Accounts

Hosts must register for an account to create and manage events. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at hello@shared-moments.com if you believe your account has been compromised.

Guests are not required to create an account to participate in an event. Guest participation is anonymous unless a Guest voluntarily provides information.

5. Payments

Events with up to 50 total shots (guests × photos per guest) are provided free of charge. Events exceeding this threshold require a one-time payment calculated at $0.09 per shot above the 50-shot free tier, subject to a minimum charge.

All payments are processed securely through Stripe, Inc. By making a payment, you also agree to Stripe’s Terms of Service. We do not store your payment card details.

Prices are displayed in US Dollars (USD). You are responsible for any applicable taxes, currency conversion fees, or bank charges imposed by your financial institution.

6. Refund Policy

No refunds are issued once an event has been activated and gone live. Once an event is set to active status, the service has been delivered and no refund will be provided.

If you have paid for an event that has not yet been activated, you may request a refund by contacting us at hello@shared-moments.com within 14 days of payment. Refund requests after this period will not be honored.

In the event of a verified technical failure on our part that prevents your event from functioning as described, we will work with you in good faith to provide a remedy, which may include a credit or partial refund at our sole discretion.

7. User Content

You and your Guests retain full ownership of all photos and content uploaded to the Service (“User Content”). We claim no ownership rights over your User Content.

By uploading User Content, you grant Pinocchio LLC a limited, non-exclusive, royalty-free license solely to store, display, and transmit your User Content for the purpose of operating and providing the Service to you. This license terminates when your content is deleted or your account is closed.

We will never use your photos or User Content for advertising, marketing, training data, or any purpose beyond operating your event gallery.

8. Host Responsibilities

As a Host, you are solely responsible for:

• Obtaining appropriate consent from your Guests before collecting their photos.
• Informing Guests that photos will be stored and shared within the event gallery.
• Complying with all applicable privacy laws in your jurisdiction with respect to your Guests’ data.
• Ensuring that the content collected at your event complies with these Terms.
• Moderating your event gallery and removing any content that violates these Terms.

Hosts who collect photos of minors are solely responsible for ensuring they have appropriate parental or guardian consent as required by applicable law.

9. Prohibited Conduct

You agree not to use the Service to:

• Upload, share, or distribute content that is illegal, harmful, abusive, harassing, defamatory, obscene, or invasive of another person’s privacy.
• Upload content that infringes any third party’s intellectual property rights.
• Collect photos of individuals without their knowledge or consent.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Use the Service for any commercial purpose not expressly permitted by these Terms.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Use automated tools, bots, or scripts to interact with the Service.
• Violate any applicable law or regulation.

10. Photo Storage and Deletion

Photos from free events are stored for 30 days after the event ends. Photos from paid events are stored for 1 year after the event ends.

We will send an email reminder to the Host before any automatic deletion occurs. You are solely responsible for downloading any photos you wish to keep before the storage period expires. Deleted photos cannot be recovered.

Hosts may delete their events and all associated photos at any time from their dashboard. Deletion is permanent and irreversible.

11. Intellectual Property

The Shared Moments platform, including its design, software, trademarks, logos, and all content created by us (excluding User Content), is owned by Pinocchio LLC and protected by applicable intellectual property laws.

Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

12. Third-Party Services

The Service integrates with third-party providers including Stripe (payments), Cloudflare (storage), Supabase (database), and Clerk (authentication). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of any third-party services.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY PHOTOS UPLOADED TO THE SERVICE WILL BE PRESERVED INDEFINITELY OR AGAINST DATA LOSS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINOCCHIO LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50 USD.

15. Indemnification

You agree to indemnify, defend, and hold harmless Pinocchio LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of a third party.

16. Termination

You may close your account at any time from your dashboard settings. Upon closure, your events and all associated photos will be permanently deleted.

We reserve the right to suspend or terminate your account immediately, without prior notice, if we determine in our sole discretion that you have violated these Terms. We are not liable for any loss resulting from termination of your account.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

18. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court.

Class Action Waiver: You agree that any arbitration will be conducted on an individual basis only. You waive any right to bring or participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction in Delaware to prevent irreparable harm pending arbitration.

If you are a consumer located in the European Union or United Kingdom, you may also have the right to bring a claim before your local courts under applicable consumer protection laws, which shall not be affected by this arbitration clause.

19. Changes to These Terms

We reserve the right to update these Terms at any time. We will notify you of material changes by email or by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pinocchio LLC with respect to the Service and supersede all prior agreements and understandings.

22. Contact

For questions about these Terms, please contact us at: