Terms of Service

Last Updated: October 15, 2026

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.

If you act for a business or organization, you represent that you have authority to bind it. The organization is the customer; its Account owner administers billing and team access. Team roles confer only their assigned permissions, not ownership of uploaded intellectual property.

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

Payments are processed by Stripe, Inc. ("Stripe"). We do not store full payment card numbers or security codes; we retain limited billing details, payment identifiers, and transaction records. Stripe's applicable terms and privacy policy govern its processing.

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, to correct billing errors, or expressly agreed in a written order form, event purchases, retention extensions, subscriptions, subscription renewals, and upload top-ups are final and non-refundable. There are no voluntary refunds or prorated credits for partial periods, unused capacity, canceled events, or use by you, your team, or your guests. The following clarifications apply:

5.6.1 Statutory Rights (EEA/UK). Consumers may have a 14-day right to withdraw. For a service contract, any request to start performance during that period must meet applicable legal requirements. A proportionate charge for performance before withdrawal applies only where legally permitted; loss of the right upon full performance requires the consents and acknowledgments required by law. Different rules may apply to digital content supplied without a tangible medium, including prior express consent, acknowledgment of loss of withdrawal rights, and required confirmation. These Terms alone, publishing an event, or a first upload do not establish those consents or waive withdrawal rights. Mandatory consumer remedies remain unaffected.

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 Billing Errors and Unprovided Capacity. We correct confirmed billing errors, including duplicate or unauthorized charges, and provide appropriate remedies for paid capacity we fail to provide. Mandatory-law remedies also apply. Otherwise, we offer no voluntary refunds or prorating for purchases, subscriptions, renewals, or top-ups, including after any use. Non-use or an unused account does not create a refund entitlement.

5.6.4 Payment Disputes. Please contact us about billing problems. We may restrict service proportionately for fraud or unpaid charges, but contacting us first is not a condition of exercising statutory payment-dispute rights.

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.

5.8 Enterprise Accounts, Renewals, and Top-ups

Enterprise is a separate Account, not a conversion of personal events or plans. The standard price is US $999 per year for 100,000 uploads shared across the Account, unlimited events and team members, and all Pro features. A US $150 top-up adds 10,000 uploads to that Account's current annual period. Unused annual allowance and top-ups expire at the subscription anniversary and do not roll over. Accounts, events, allowances, and purchases cannot be transferred or converted between personal and Enterprise Accounts.

The annual subscription automatically renews unless the Account owner cancels through Billing → Manage billing before renewal. Cancellation takes effect at the end of the paid term, without a refund or prorating. We will give any notice of renewal or renewal-price changes required by law. A failed renewal has a 10-day grace period before lapse; no new annual allowance is granted until payment succeeds. The grace period does not itself supply additional upload capacity.

Annual fees are charged in advance at the price disclosed at checkout or in an agreed order form. Renewal-price changes apply only to future terms after required notice and an opportunity to cancel. A top-up is a one-time purchase, does not renew automatically, and does not extend the subscription term. Payment initiation, including a bank-payment request, is not payment confirmation; access and capacity depend on successful payment. Canceling a subscription does not change the Account type.

5.9 Shared Upload Allowance and Locked Overflow

Successful uploads consume available shared capacity immediately, including uploads awaiting moderation. No per-event allocation is required. Deleting an upload within seven days of its original upload returns its counted slot to the original allowance period, not money; it cannot increase a later year's allowance. Deleting later returns no slot. Restoring an early-deleted upload whose slot was returned requires available current capacity and consumes a slot again. Restoration retains the original upload date and does not restart the seven-day period. Files already permanently counted are not charged twice. Upload slots have no cash value; deletion of files, events, or an Account does not reverse use or create a monetary refund.

Uploads beyond available allowance are stored but locked. A successful top-up or paid renewal unlocks retained overflow oldest first, using available allowance. Retained locked originals can subsequently unlock and have archives regenerated. Locked storage is not a promise of immediate viewing or download access.

Unlimited events and team members do not mean unlimited upload capacity or guaranteed throughput. Per-file limits and ordinary security and acceptable-use restrictions still apply.

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.

This license is solely to operate and provide the Service and terminates when your content is deleted, subject to reasonable time for removal from backups and caches. It does not authorize use of customer content for our independent advertising.

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 it for the event's personal or organizational purposes. For business events, this includes authorized internal event use. This is not blanket permission for advertising, public promotion, resale, or unrelated commercial exploitation; the organization must obtain any additional rights and permissions needed. Uploaders retain ownership.

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.
• For Enterprise, events remain live for one year from the event date, then become archives while the subscription remains active. Archives include non-deleted, unlocked uploads, including those pending moderation. Retained locked originals are included only after unlocking and archive regeneration. Archive downloads require an active subscription. There is no separate storage cap while subscribed.
• Enterprise recovery lasts one year from the later of the event's retention expiration or the Account's paid subscription expiration. After lapse, access is limited to viewing, moderation, deletion, and eligible downloads; event configuration and uploads are unavailable. Limited access does not override the active-subscription requirement for archive downloads. Recovery is not an extension of live-event access.
• After applicable retention and recovery periods expire, content is scheduled for deletion. Deletion may occur in stages, including removal of archives, originals, caches, and backups. Explicit erasure requests are handled independently of recovery: recovery is not a reason to defer an otherwise applicable erasure request. Legal retention obligations may apply.
• 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).

In an Enterprise Account, only the owner controls billing, purchases, subscription changes, and workspace-staff administration. Workspace managers can manage events, templates, and event access and view usage, but cannot spend money. Event organizers manage their assigned events and invite collaborators. Moderators moderate assigned events and cannot invite collaborators. Event-level access does not grant access to every event in the workspace. The same person may hold more than one role.

The organization is responsible for lawful collection, notices, guest custom fields, and staff access, including access removal when staff leave. Removing workspace membership does not automatically revoke separate event invitations. A personal-account deletion request is distinct from deleting an organization's event data; valid rights requests are handled under the Privacy Policy and DPA.

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 access to the Service without written permission. Authorized organizational use of a paid Enterprise Account is permitted.

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 request account termination and erasure by contacting us. This is distinct from cancellation of Enterprise renewal, which takes effect at term end and follows the retention and recovery rules in Section 7 rather than immediately deleting content.

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, access ends except for the limited post-lapse access described in Section 7 where applicable. Content follows Section 7 and any applicable DPA deletion instructions. You remain responsible for charges already incurred. Provisions that by their nature should survive, including Indemnification, Disclaimers, Limitation of Liability, Arbitration, and Governing Law, 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 business customers who direct processing of event personal data, the customer acts as controller (or a processor authorized by its controller) and Gather Shot acts as processor (or subprocessor). The DPA in Section 21 applies.

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.
• Restricted international transfers require a valid legal mechanism where applicable, as described in the DPA; these Terms do not themselves execute Standard Contractual Clauses.
• 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.
• Applicable law may require recognition of opt-out preference signals such as Global Privacy Control. These Terms do not represent that automatic site-wide signal handling or consent gating is implemented; see our Privacy Policy for current choices.
• 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)

The Data Processing Addendum is incorporated into these Terms and applies upon acceptance of these Terms by a business customer for processing personal data on its behalf. No separate signature is required for this standard DPA. It does not govern our independent controller activities.

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, the Privacy Policy, the applicable DPA, and any mutually agreed written order form constitute the agreement. An agreed order form prevails over conflicting standard commercial Terms; the DPA prevails for data-protection matters. Nothing in these documents excludes mandatory consumer rights, remedies, or protections, including those that override governing-law, dispute-resolution, liability, or cancellation provisions.

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