Terms and conditions

§ 1 Scope

These General Terms and Conditions (terms) apply to all contracts between pic2gether.at (“we”, “pic2gether”) and our customers regarding the use of the online service pic2gether.

Our offer is aimed at businesses within the meaning of § 1 Austrian Consumer Protection Act and § 1 Austrian Commercial Code, in particular photo booth operators, photographers, wedding planners, venues, DJs, event agencies and other wedding and event service providers, and at consumers who book a gallery for a private celebration (e.g. wedding, birthday, christening, anniversary). Plans (§ 5) can only be taken out by businesses. When registering, the customer states whether they are acting as a business or as a consumer. For consumers, the provisions in § 16 apply additionally and take precedence. Deviating terms of the customer only apply if we agree to them in writing.

§ 2 Conclusion of contract

Registering a customer account is free of charge. A contract for a gallery or a plan is concluded when the customer submits the order in the customer area and payment has been completed successfully. The gallery is provided immediately afterwards.

The demo (“Try the demo”) is a free, non-binding trial without registration. It does not create a contract; demo accounts are automatically deleted with all content after 24 hours. Only photos for which the user holds the necessary rights may be uploaded in the demo.

§ 3 Services

For each gallery booked we provide in particular:

• an online gallery for one event with links or QR codes for guests and PIN-protected access for hosts,
• an upload app for Windows PCs that automatically uploads photos from a folder,
• an upload window of 24 hours from the booked start time; photos demonstrably taken during this period are still accepted up to 3 days later,
• optionally, uploads by guests from their mobile devices during the upload window or the period chosen by the customer,
• design options (photo layout, colours, font, logo), slideshow and embedding in your own websites,
• likes and downloads for guests and approval of guest photos before publication – each can be switched on or off by the customer per gallery,
• on request and for a surcharge, “white label”, i.e. display without any reference to pic2gether.

The gallery is available for the booked period (20 or 30 days from the start time, in a plan according to the plan) and is then automatically deleted with all photos. We remind the customer by e-mail about 2 days before deletion. A gallery with a 20-day period can be extended once to 30 days for a surcharge before it expires; the price shown in the customer area applies. The extension is free for Pro members.

The number of photos is unlimited; storage per single gallery is limited to 20 GB (in a plan, the plan’s storage applies), and file sizes per photo are technically limited. We reserve the right to take action in case of obviously abusive use (e.g. use as general data storage).

The upload app requires a Windows PC with an internet connection and the correct time. We are not responsible for the customer’s hardware, photo booth or camera software or internet connection.

§ 4 Prices and payment

The prices in euros stated on the website or in the customer area at the time of the order apply. The price is payable in advance when ordering and is collected via our payment provider Stripe. The invoice is provided electronically.

Coupon codes are redeemed when buying a single gallery and deducted from the price. One coupon can be used per order; cash payment or subsequent crediting is not possible. Validity and conditions depend on the respective offer.

Loyalty discount: if, at the time of the order, the customer has booked and paid for at least the number of single galleries stated on the website (galleries created in a plan do not count), they receive the discount stated there on further single galleries. Loyalty discount and coupon are not combined; the higher discount applies. No loyalty discount is granted on plans.

The prices are final prices. We are a small business within the meaning of § 6(1)(27) of the Austrian VAT Act (UStG); therefore no VAT is charged or shown.

§ 5 Plans

Plans can only be taken out by businesses. With a plan (Starter or Business), the customer can create galleries without buying each one. The scope (number of new galleries per calendar month, number of galleries active at the same time, storage for all plan galleries together, duration per gallery) and the price follow from the plan description valid at the time of subscribing. White label is included. Unused quotas expire at the end of the month and are not carried over.

“Unlimited” in the Business plan applies within fair, customary use (fair use) for the customer’s own events or those of their end customers. In case of exceptionally high usage, we will get in touch and agree on a suitable solution.

The plan is paid in advance for the chosen period (month or year) and renews automatically for the same period unless cancelled beforehand. The customer can cancel at any time in the customer area, effective at the end of the current period – for monthly plans at the end of the month, for yearly plans at the end of the plan year. There is no refund for partial periods.

The plan or billing interval can be changed at any time; Stripe charges or credits the difference pro rata. If a payment fails, the plan may end after unsuccessful payment attempts.

After the plan ends, no new plan galleries can be created. Galleries already created remain available for their full duration. Single galleries can be bought at any time, independently of a plan.

Existing Pro memberships (former offer) remain valid unchanged until they expire; they do not renew.

§ 6 Rescheduling and cancellation

The customer can reschedule a gallery once in the customer area, up to 24 hours before the scheduled start time; the upload window and period move accordingly. The new date may be no later than 12 months after booking. For galleries from a plan that has been cancelled or is ending, the new date must be before the plan ends. After rescheduling, the date is binding.

As the gallery is provided immediately after purchase, cancellation with a refund after purchase is not provided for. If the customer deletes a gallery or photos early, there is no entitlement to a refund. The statutory right of withdrawal of consumers (§ 16) remains unaffected.

§ 7 Customer obligations

• The customer is responsible for all content in their galleries, including photos uploaded by guests. They ensure that they have the necessary rights and that no unlawful content (e.g. infringement of personality rights, copyright or image rights) is published.
• The customer informs guests and hosts appropriately about photos being taken and published online (e.g. with a sign at the event) and obtains their consent where necessary.
• The customer decides whether guests may download photos. If downloads are switched on, the customer informs guests (e.g. on the sign) that downloaded photos are stored outside pic2gether and are not deleted when the gallery is deleted.
• The customer removes inadmissible content without delay or ensures that the hosts can do so.
• Links, PINs and the key contained in the upload package must be kept confidential. If misuse is suspected, the key or PIN must be regenerated in the customer area.
• We are not an archive: the customer is responsible for downloading photos they want to keep before the period ends.

§ 8 Rights of use

The customer grants us the non-exclusive rights to the uploaded photos, limited to the period of the gallery, that are necessary to provide the service (storing, resizing, displaying, providing for download). No further use takes place, in particular not for advertising purposes.

§ 9 Availability

We strive to keep the service available with as few interruptions as possible. However, constant availability cannot be guaranteed; short interruptions due to maintenance, problems at the host or on the internet are possible. Photos that could not be uploaded during an interruption are uploaded later by the upload app within the late-upload period.

§ 10 Liability

We are only liable for damage caused by us intentionally or through gross negligence. Liability for slight negligence is excluded, except for personal injury. To the extent permitted by law, liability for lost profits, consequential damage and the loss of data that the customer could have backed up is also excluded.

In any case, liability is limited to the fee the customer paid for the gallery concerned or for the last twelve months of the plan.

§ 11 Blocking

If there is a justified suspicion of unlawful content or a breach of these terms, we may temporarily block the galleries, photos or customer account concerned and delete them if the breach is not remedied. We will inform the customer about this.

§ 12 Customer account and termination

The customer can delete their account at any time themselves in the customer area (Account & invoices) or by e-mail to us. Deleting the account immediately and permanently deletes all galleries created by the customer – active, scheduled and expired – including photos, guest book entries and logos; they cannot be restored. The customer is responsible for downloading any photos they want to keep beforehand.

A running plan ends immediately when the account is deleted. Galleries not yet used from the plan (quota) are forfeited without replacement; plan fees and fees for single galleries already paid are not refunded, not even pro rata. We keep invoice data to the extent required by law.

We can terminate the contractual relationship regarding the customer account with four weeks’ notice by e-mail. Galleries already paid for remain available until the end of their period. The right to extraordinary termination for good cause remains unaffected.

§ 13 Data protection and data processing

Information on the processing of the customer’s data can be found in our privacy policy. The customer is the controller for the photos and data in the galleries; we process them as processor. For businesses, the data processing agreement in the annex to these terms applies and is concluded upon acceptance of the terms. If a consumer books a gallery for a purely private celebration, we likewise process the photos and data only on their behalf and only to provide the service; the obligations in § 7 apply accordingly.

§ 14 Changes to these terms

We may change these terms with effect for the future. We will notify the customer of changes by e-mail at least four weeks before they take effect. If the customer does not object within this period, the changes are deemed accepted; we will point out this consequence in the notification. The terms valid at the time of the order apply to galleries already paid for.

§ 15 Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes is the competent court in Villach.

Declarations by e-mail satisfy the written form requirement. Should any provision of these terms be invalid, the remainder remains unaffected; the invalid provision is replaced by a valid one that comes as close as possible to its economic purpose.

§ 16 Special provisions for consumers

If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), the following provisions apply additionally and take precedence. Mandatory statutory rights of consumers are not restricted by these terms in any case.

• Right of withdrawal: consumers have a statutory right of withdrawal of 14 days under the Austrian Distance and Off-Premises Contracts Act (FAGG). Details, the consequences of withdrawal and the model withdrawal form are set out in the withdrawal information at /widerruf. If the consumer expressly requests that we start the service before the withdrawal period ends and then withdraws, they must pay a proportionate amount for the service provided until then; the right of withdrawal expires once the service has been fully provided.
• Plans are not available to consumers; consumers book single galleries.
• Liability: the limitations in § 10 do not apply to consumers for personal injury or for damage caused by us intentionally or through gross negligence. The liability cap in § 10 does not apply to consumers.
• Warranty: the statutory warranty provisions apply (in particular the Austrian Consumer Warranty Act, VGG).
• Account deletion (§ 12): the statutory rights of consumers, in particular the right of withdrawal and warranty claims, remain unaffected.
• Changes to these terms (§ 14) only become effective for consumers with their express consent; the conditions valid at the time of the order always apply to galleries already booked.
• Choice of law and jurisdiction (§ 15): the choice of law only applies insofar as it does not deprive the consumer of the protection of mandatory provisions of the state of their habitual residence. For actions against consumers, jurisdiction is determined by § 14 KSchG.
• We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. For questions or complaints, the customer can contact us by e-mail at any time.

Annex: Data processing agreement (Art. 28 GDPR)

Between the customer (controller) and pic2gether.at (processor).

1. Subject and duration

The processor stores and processes the photos and related data uploaded to the controller’s galleries in order to make them available online to guests and hosts. Processing lasts for each gallery until it is deleted (end of the period, early deletion or deletion of the customer account).

2. Types of data and data subjects

• Data: photos (including file metadata), names voluntarily entered by guests when uploading, random device identifiers for likes and uploads, access and status data.
• Data subjects: guests and hosts of the events and persons depicted in the photos.

3. Obligations of the processor

• Processing only on documented instructions from the controller; in particular, settings and actions in the customer area (e.g. deleting, folder rules, guest uploads, approvals, download settings) count as instructions.
• Confidentiality of all persons involved in processing.
• Technical and organisational measures pursuant to Art. 32 GDPR, in particular: TLS encryption of all connections, random links that cannot be guessed, PIN protection with a lock after wrong entries, signed and time-limited photo links, blocking of search engines, passwords only as hashes, automatic deletion after expiry, storage exclusively in the EU (Frankfurt am Main).
• Supporting the controller with requests from data subjects and with data breaches; notification of a breach without undue delay after becoming aware of it.
• Deletion of all data of a gallery when it ends; data is returned via the download function, which the controller uses before expiry.
• Providing the information necessary to demonstrate compliance on request.

4. Sub-processors

The controller agrees to the use of Hostinger International Ltd., 61 Lordou Vironos Street, 6023 Larnaca, Cyprus (hosting, storage, e-mail delivery; server location Frankfurt am Main, Germany). The processor will inform the controller of intended changes in advance by e-mail; the controller may object for good cause.