Terms of Service

Last Updated: October 18, 2025

These Terms of Service ("Terms") govern your access to and use of Gather Shot ("Gather Shot," "we," "us," or "our"), a photo and video sharing platform for events (the "Service"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By creating an account, purchasing an event, or using the Service in any manner, you accept these Terms and our Privacy Policy. If you do not agree, you may not use the Service.

2. Eligibility

You must be at least 18 years old to create an account and purchase events. By using the Service, you represent that you meet this age requirement and have the authority to enter into these Terms.

3. Service Description

Gather Shot provides event‑based photo and video gallery services where:

• Event Hosts create paid events and invite guests to upload media; and
• Event Guests upload photos and videos to event galleries.

Media is stored and made available for viewing and download during the applicable retention period. Plans and pricing are subject to change.

4. Account Registration

4.1 Account Creation

You may create an account as a registered user or participate as a guest using a guest checkout flow where Stripe collects your email.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

4.3 Accurate Information

You agree to provide accurate and complete information during registration and to keep this information up to date.

5. Billing and Payment

5.1 Payment Processor

All payments are processed by Stripe, Inc. ("Stripe"). We do not store credit card numbers or payment information. By making a purchase, you agree to Stripe's terms and privacy policy.

5.2 Event Pricing

• Event prices are the amounts displayed to you on our pricing page and at checkout at the time you purchase an event. Prices are exclusive of taxes, duties, and fees.
• Any promotional pricing will be clearly indicated at checkout and applies only as stated.
• Pricing changes are prospective only and do not affect completed purchases.

5.3 Event Setup Flow

• Payment is collected upfront via Stripe Checkout Session.
• Events enter a "purchased" state upon successful payment.
• You must complete event configuration (name, type, date) to publish the event.
• Failure to complete configuration does not entitle you to a refund unless otherwise stated.

5.4 Retention Extensions

• Hosts may purchase additional retention years at the price displayed at checkout for the selected event.
• Extensions are processed via Stripe and extend the event's retention_expires_at date from its then-current expiration.
• Extensions purchased after content is deleted cannot recover deleted content.

5.5 Authorization

By providing payment information, you authorize us to charge your payment method for all fees incurred. You represent that you have the legal right to use the payment method provided.

5.6 Refund Policy

Except where required by law or expressly stated otherwise, all event purchases and retention extensions are final and non‑refundable. The following clarifications apply:

5.6.1 Statutory Rights (EEA/UK). If you are a consumer in the EEA or UK, you may have a 14‑day right of withdrawal for "digital content not supplied on a tangible medium" under applicable law. By publishing an event, starting uploads, or otherwise requesting that we begin providing the Service during this 14‑day period, you expressly request immediate performance and acknowledge you will lose the right to withdraw once the service is fully performed. If you exercise your withdrawal right before we have fully performed, we may deduct a proportionate amount for services already provided.

5.6.2 California and Other Jurisdictions. Mandatory consumer rights (e.g., specific cancellation, warranty, or refund rights that cannot be waived) are not affected by this Section 5.6.

5.6.3 When We May Issue Refunds. We may, at our discretion or where required by law, issue refunds for: (a) duplicate charges; (b) confirmed technical failures that prevented access to the Service; or (c) verified fraud or unauthorized purchases (after account review).

5.6.4 Chargebacks. Initiating a chargeback without first contacting us may result in immediate suspension of your account and events. Please contact us so we can resolve billing issues quickly.

5.6.5 Method & Timing. Approved refunds are issued to the original payment method (or another method we reasonably select if the original method is unavailable). Processing times depend on your payment provider.

5.7 Price Changes

We may change pricing at any time, but changes will not affect events already purchased.

6. User Content

6.1 Ownership

You retain all intellectual property rights in the photos, videos, and other content you upload ("User Content"). We do not claim ownership of User Content.

6.2 License to Gather Shot

By uploading User Content, you grant us a non‑exclusive, worldwide, royalty‑free, sublicensable license to:

• host, store, reproduce, transcode, compress, optimize, and create derivative formats (e.g., thumbnails, previews);
• package content into downloadable archives; and
• display content within event galleries to authorized users; and
• migrate content between storage providers (e.g., DigitalOcean Spaces, Cloudinary).

This license is solely to operate, improve, and provide the Service and terminates when your content is deleted, subject to reasonable time for removal from backups and caches.

6.3 License to Event Participants

By uploading content to an event, you grant the Event Host and other authorized event participants a limited, non‑exclusive license to view and download your content within the event context for personal, non‑commercial use.

6.4 Allowed Content Types

• Images: JPEG, PNG, GIF, and other standard image formats
• Videos: MP4, MOV, and other standard video formats
• Not allowed: audio‑only files or raw/unprocessed media files

6.5 File Size Limits

• Images: Max 25MB per file (configurable)
• Videos: Max 500MB per file (configurable)

6.6 Your Representations

You represent and warrant that you either own the User Content you upload or have all necessary rights and permissions to grant the above licenses and to authorize our processing of the content as described in these Terms.

7. Data Retention and Deletion

• Each event has an upload window and a retention period displayed at purchase or in your account.
• After the retention period expires, content is scheduled for deletion. Deletion may occur in stages (e.g., marking for deletion, purging generated archives, removing from storage providers, and eventual removal from backups).
• Once deleted, content cannot be recovered. We strongly recommend downloading important media before the retention period expires.

8. User Roles and Responsibilities

8.1 Event Hosts

Event Hosts are users who purchase and create events. Hosts may configure event settings; invite and manage collaborators or moderators; view, download, and delete event content; and control event visibility and access.

Host Responsibilities include:

• Obtaining all necessary permissions and consents from event attendees to collect and share their photos/videos, including any required consents for minors;
• Complying with applicable privacy, publicity, and recording laws; and
• Indemnifying us for claims arising from lack of consent or improper collection.

8.2 Event Guests

Guests are users who upload media to an event gallery (via authenticated account or guest identifier). By uploading, Guests grant the licenses described in Section 6, agree to the upload and file size limits, and acknowledge that the Host controls event access and may download or share their content.

8.3 Collaborators and Moderators

Hosts may designate additional users as collaborators or moderators with limited management rights (subject to plan limits).

9. Posting Rules and Acceptable Use

9.1 Prohibited Content

You may not upload, post, or share content that:

• is illegal, fraudulent, or otherwise violates applicable law;
• infringes intellectual property, privacy, or publicity rights;
• contains nudity, sexually explicit material, or pornography;
• depicts violence, abuse, or harm to individuals or animals;
• contains hate speech, harassment, threats, or bullying;
• includes malware, viruses, or harmful code;
• contains personal health information (PHI), financial data, or other sensitive regulated data; or
• violates any person's privacy or publicity rights (including unauthorized photos of individuals, especially minors).

9.2 Conduct Restrictions

You agree not to:

• use the Service for any illegal purpose or in violation of these Terms;
• impersonate any person or entity or misrepresent your affiliation;
• interfere with or disrupt the Service or related networks;
• attempt to gain unauthorized access to the Service or other users' accounts;
• use automated tools (bots, scrapers, etc.) to access the Service without permission;
• circumvent any rate limits, upload limits, or technical restrictions;
• reverse engineer, decompile, or disassemble any portion of the Service; or
• resell or commercially exploit the Service without written permission.

9.3 Moderation and Removal

We may review, remove, or disable any content at our sole discretion and may suspend or terminate accounts for violations. We are not obligated to pre‑screen content but may do so. We will report illegal content to appropriate authorities when required by law.

10. DMCA and Copyright Policy

10.1 Designated Agent

We respect intellectual property rights and respond to notices of alleged infringement in accordance with 17 U.S.C. § 512. Gather Shot's designated agent for DMCA notices is:

• Designated Agent: Gather Shot Legal (DMCA Agent)
• Email: [email protected]
• Postal Mail: DMCA Notices, Attn: Legal, at the notice address listed in Section 24 (Contact Information).
• Online Form (preferred): /dmca (if available)

Notices must include all information required by 17 U.S.C. § 512(c)(3). We process notices sent to the email or mailing address above. We intend to maintain a current agent registration with the U.S. Copyright Office and will update this Section if our designated agent information changes.

10.2 Counter‑Notification

If your content was removed due to a DMCA notice and you believe the removal was in error, you may submit a counter‑notification that satisfies 17 U.S.C. § 512(g).

10.3 Repeat Infringers

We will terminate accounts of repeat copyright infringers in appropriate circumstances.

11. Intellectual Property and Ownership

11.1 Service Ownership

The Service (excluding User Content), including software, design, text, graphics, logos, and other content, is owned by us and protected by intellectual property laws.

11.2 Trademarks

"Gather Shot" and related logos are our trademarks. You may not use our trademarks without prior written consent.

11.3 License to Use the Service

We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Service in accordance with these Terms.

12. Privacy and Data Collection

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

• We may collect and store IP addresses, user‑agent strings, and related metadata for security, abuse prevention, rate limiting, and analytics.
• We use cookies and similar technologies for authentication, session management, and analytics. See the Privacy Policy for details.
• Media files may be accessible via shareable URLs and may be cached by content delivery networks; do not upload confidential or sensitive data.

13. Security

We implement reasonable administrative, technical, and physical security measures appropriate to the risk; however, no system is completely secure. You are responsible for maintaining the confidentiality of credentials, using strong passwords, keeping your own backup copies of important content, and notifying us immediately of any security breach.

14. Disclaimers and Limitations of Liability

14.1 "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR COURSE OF PERFORMANCE.

14.2 No Uptime or Data Preservation Guarantees

We do not warrant that the Service will be uninterrupted, timely, secure, or error‑free; that data will be preserved beyond the stated retention period; or that defects will be corrected. The Service is not suitable for mission‑critical, life‑safety, or regulated data storage.

14.3 User Responsibility for Backups

You are solely responsible for maintaining your own backup copies of content and for downloading important media before the retention period expires.

14.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, REVENUE, OR PROFITS; AND (b) OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) US $100 (to ensure a non‑zero cap for free users) OR (ii) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO SOME LIMITATIONS MAY NOT APPLY.

14.5 Carve‑Outs

Nothing in these Terms limits liability for fraud, willful misconduct, or injuries that cannot be limited under applicable law.

15. Indemnification

You will indemnify, defend, and hold harmless Gather Shot, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, your violation of these Terms or any law, or any lack of consents or authorizations for content you upload or collect.

16. Termination

16.1 By You

You may terminate your account at any time by contacting us. Termination will trigger deletion of your events and content per Section 7.

16.2 By Us

We may suspend or terminate your account or access at any time, with or without notice, for violations of these Terms, non‑payment, fraudulent/abusive/illegal activity, or any other reason at our sole discretion.

16.3 Effect of Termination

Upon termination: (a) your access to the Service ceases immediately; (b) events will be marked for deletion and content removed per Section 7; (c) you remain responsible for charges incurred prior to termination; and (d) Sections that by their nature should survive (including Indemnification, Disclaimers, Limitation of Liability, Arbitration, and Governing Law) will survive.

16.4 No Refunds Upon Termination

Termination does not entitle you to a refund of fees already paid, except where required by law.

17. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by posting an updated Terms with a new "Last Updated" date and, where practicable, by email to registered users. Your continued use after changes become effective constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Pennsylvania, without regard to conflict of laws rules. For claims not subject to arbitration (including applications for injunctive or equitable relief), the exclusive jurisdiction and venue will be the state and federal courts located in Philadelphia County, Pennsylvania, and each party consents to personal jurisdiction there.

19. Dispute Resolution and Arbitration

19.1 Informal Resolution

We want to address concerns without a formal case. Before filing a claim, you agree to email us at [email protected] with the subject line "Dispute Resolution" and a brief description of the issue. If a Dispute is not resolved within 30 days after submission, either party may bring a formal proceeding.

19.2 Binding Arbitration (U.S. Residents)

You and Gather Shot agree to resolve any Dispute (any claim, controversy, or dispute arising out of or relating to these Terms or the Service) by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator.

Arbitration Terms:

• Seat & Venue: Philadelphia, Pennsylvania, or by remote video conference at either party's request.
• Governing Law: As set forth in Section 18.
• Language: English.
• Fees and Costs: AAA rules govern fees. Each party bears its own attorneys' fees and costs, except that the arbitrator may award fees and costs as permitted by applicable law. If the arbitrator finds a claim to be frivolous or brought for an improper purpose, the arbitrator may award fees consistent with AAA Rules and applicable law.
• Discovery & Procedure: As permitted by the AAA Consumer Arbitration Rules.
• Finality: The arbitrator's award is final and binding; judgment may be entered in any court of competent jurisdiction.

19.3 Class Action Waiver

YOU AND GATHER SHOT AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

19.4 Public Injunctive Relief (California)

To the extent a court determines that a claim for public injunctive relief cannot be waived and must be heard in court, the parties agree that such claim will be litigated exclusively in the courts specified in Section 18 while all individual claims remain subject to arbitration. The parties agree to stay any arbitration pending the outcome of such claim.

19.5 Opt‑Out

You may opt out of this arbitration agreement by sending written notice to [email protected] or to the mailing address in Section 24 within 30 days of first accepting these Terms. Opting out will not affect any other terms.

19.6 Small Claims Court Exception

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

19.7 Injunctive Relief Exception

Either party may seek temporary or preliminary injunctive or equitable relief in court to protect intellectual property rights or confidential information.

19.8 Severability of Arbitration Provisions

If Section 19.3 (Class Action Waiver) is found unenforceable as to particular claims, then those claims will proceed in court (and not in arbitration), and the remainder of this Section 19 will remain in effect.

19.9 Limitation on Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim or cause of action accrues, or such claim is permanently barred. This Section does not limit any non‑waivable statutory rights, required notice-and-cure periods, or claims for public injunctive relief, and does not apply to claims for patent, copyright, trademark, or trade secret infringement or misappropriation.

20. Regional Privacy Terms (GDPR/UK GDPR/California)

These Terms incorporate our Privacy Policy, which provides additional details. To the extent required by law:

20.1 Roles

• For account‑level data and platform analytics, Gather Shot acts as an independent controller.
• For enterprise or business customers who direct us to process personal data on their behalf (e.g., processing guests' personal data in an event), Gather Shot acts as a processor and will enter into a Data Processing Addendum (see Section 21).

20.2 GDPR/UK GDPR

If we process personal data of individuals in the EEA/UK:

• We honor data‑subject rights (access, deletion, correction, portability, restriction, and objection) through the methods described in our Privacy Policy.
• Requests may be submitted to [email protected] or via the rights request mechanism described in our Privacy Policy; we will verify your identity before acting.
• We respond within one month (extendable as permitted by law for complex requests) and keep records of requests and our responses.
• When transferring personal data outside the EEA/UK, we implement appropriate safeguards (e.g., Standard Contractual Clauses or UK‑approved mechanisms).
• Where required, we appoint an EU/UK representative and provide their contact details in the Privacy Policy.

20.3 California (CCPA/CPRA)

For California residents:

• We provide the disclosures and rights required by the CCPA/CPRA, including the rights to know, delete, correct, and to opt out of the sale/sharing of personal information and the use of sensitive personal information.
• We honor opt‑out preference signals (e.g., Global Privacy Control) where required by law.
• Requests may be submitted to [email protected] or via the methods described in our Privacy Policy; we verify your identity and respond within 45 days (extendable as permitted).

21. Data Processing Addendum (DPA)

For enterprise or business customers where Gather Shot processes personal data on the customer's behalf, a DPA will apply and is incorporated by reference when executed by the parties. The DPA will include subject matter and duration of processing, nature and purpose, categories of data subjects, types of personal data, confidentiality, security, sub‑processors, audit rights, data subject assistance, international transfers, and deletion/return of data.

22. Export Controls & Sanctions

You represent, warrant, and covenant that: (a) you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions or embargoes; (b) you are not on any U.S. government restricted party list; and (c) you will not use the Service for prohibited end‑uses or transfer it to prohibited end‑users in violation of U.S. export control or sanctions laws (including the EAR and OFAC regulations). You agree to comply with all applicable export, re‑export, and sanctions laws.

23. Miscellaneous

23.1 Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Gather Shot regarding the Service.

23.2 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

23.3 No Waiver

Our failure to enforce any provision is not a waiver of that provision.

23.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without notice.

23.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (including natural disasters, war, terrorism, labor disputes, internet/network failures, and third‑party service outages).

23.6 Notices

We may provide notices via email to your registered address or by posting on the Service. Notices to us must be sent to the contact information in Section 24.

23.7 Relationship

These Terms do not create any agency, partnership, joint venture, or employment relationship.

24. Contact Information