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Alive - Terms of Service

Last Updated: February 4, 2026 These Terms of Service constitute a legally binding agreement between Alive Magic LLC ("Company", "we", "us", "our") and you, an individual participant accessing the Services (as defined below) ("User", "you", "your"). The following terms of service (collectively, the "Terms"), any documents referred to in them, including our Privacy Policy, apply to your use of our services, including the ALIVE photo booth software platform and any content, functionality and services offered on or through our website located at www.alive-pic.com (the "Website"), and to any related mobile, tablet and other smart device applications, application program interfaces and downloadable applications, features, functionality, content or information (collectively, the "Services"). Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, Users, photo booth operators, and others who wish to access or use the Services. If you are accessing and/or using the Services on behalf of another individual or business entity, you represent and warrant that you have the authority to act on behalf of and bind such individual or entity to these Terms. BY USING THE SERVICES YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. THESE TERMS CONTAIN A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS. 1. Scope of License 1.1 Users who obtain a license from us are granted a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable and revocable license to use the Services for the purposes of operating photo booth and event photography experiences. 1.2 The Company or its licensors own all rights, title and interest (inclusive of all intellectual property rights) in and to the Services and any and all software, content, methodologies, technology, designs, graphics, illustrations, logos, marks, and proprietary features used by us to provide the Services or in connection therewith ("Company IP"). Company IP includes, without limitation: Live Photos Technology: The proprietary technology that transforms printed photos into animated videos when scanned using a mobile device; AI Photo Enhancement Effects: All artificial intelligence-based photo and video effects, filters, and enhancements; Frame Design Tools: The built-in frame design and customization features; Software Platform: The ALIVE booth software, backend systems, and related infrastructure; Gallery Systems: Online event gallery creation, hosting, and management technology; Photo Delivery Systems: Email, SMS, and download link distribution technology. You do not have any rights to, and may not, rent, lease, lend, sell, copy, transfer, reproduce, distribute, redistribute, sublicense, display, adapt, reverse engineer, decompile, or modify any Company IP. All rights not expressly granted to you are retained by the Company. 1.3 If you provide the Company with any comments, suggestions, recommendations, requests or any other feedback ("Feedback"), the Company may use such Feedback to improve the Services or for any other purpose. Furthermore, the Company shall own such Feedback and the Company and its licensees, clients, partners, third-party providers and other authorized entities may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to the Company. 1.4 Marketing Use: Notwithstanding anything to the contrary, you grant the Company a non-exclusive, worldwide, royalty-free license to use captured media (Outputs) from your events solely for the purpose of marketing, promoting, and demonstrating the Services (e.g., on our website or social media), provided that we will use commercially reasonable efforts to blur or obscure faces of private individuals upon your written request. 2. Accounts and Security 2.1 To access and use certain features of the Services, you will need to create and maintain an active account ("Account"). To create an Account, you will be required to provide certain personal information and data which will include but shall not be limited to your: name, email address, business name (if applicable), contact details, and payment details. 2.2 You undertake and warrant to keep all personal information and data provided to us up-to-date, complete and accurate. 2.3 You must safeguard your login information, including username, passwords, digital certifications or other similar security mechanism used by the Services to identify you ("Login ID") relating to your Account and you must not disclose this information to anyone. You must immediately notify the Company of any unauthorized use of your Login ID. Your Login ID will be used by the Company solely in accordance with these Terms and our Privacy Policy. 2.4 You agree to immediately notify the Company of any unauthorized use of your Account or Login ID in the event that the confidentiality of your Account or Login ID is compromised. Failure to comply with this section may result in immediate termination of your Account. The Company shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. 3. Use of Services 3.1 You may use our Services to: (a) Browse our Website, content, features and products; (b) Create and operate your Account; (c) Operate photo booth experiences at events; (d) Design custom photo frames and overlays; (e) Apply AI effects and enhancements to photos; (f) Create and manage online event galleries; (g) Deliver photos to event guests via email, SMS, or download links; (h) Make legitimate purchases; and (i) Communicate and engage with us. 3.2 In using our Services and/or in registering and operating an Account, you hereby agree that pursuant and ancillary to the Services we may send you communications (by telephone, email, SMS text message, WhatsApp, through our Website or otherwise) as part of the day-to-day operation of the business. You will be asked to opt-in to receive marketing communications and will only receive such communications if you have opted-in. You may opt-out of receiving marketing communications at any time but accept that in doing so this may restrict your use of certain features. Service-related communications (such as account notifications, payment confirmations, and technical updates) will continue regardless of marketing preferences. 3.3 In using our Services, you must always acknowledge our status (and that of any identified contributors) as the authors of content on our Services. 3.4 You agree not to misuse the Services. Your use of the Services is subject to these Terms, including without limitation, the following restrictions and limitations. You shall not: (a) Copy (except as expressly permitted by these Terms or applicable law), decompile, re-engineer, reverse engineer, disassemble, attempt to derive the source code of, modify, manipulate, alter or create derivative works of the Services, any updates, or any part thereof, or any Company IP; (b) Interfere with or disrupt any user, host, or network forming any part of the Services; (c) Access or search the Services by any means other than the supported interfaces made available to you; (d) Exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening network capacity; (e) Engage in unusually high usage of the Services from individual accounts or employ any automated programs such as bots or clones that may impair our ability to provide the Services to other customers and/or indicate misuse of the Services; (f) Authorize third parties to use your Account or share your Login ID; (g) Access the Services if you are a minor under the age of 13 or under a lower age if restricted by the laws of their residence; (h) Use any part of the Services for commercial purposes on any other third-party platform and/or for any reason whatsoever otherwise than in connection with operating photo booth experiences as intended, without first obtaining a license to do so from us; (i) Use the Services or Live Photos Technology to develop, train, or improve competing photo booth software or services; (j) Post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (k) Post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (l) Transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (m) Use our Services in any way that violates any applicable local, national or international law or regulation, is unlawful or fraudulent, causes annoyance or anxiety, transmits harmful programs, interferes with our equipment or networks, or accesses without authority any part of our Services. Use the Services on unsupported hardware or modified operating systems (e.g., "jailbroken" devices) which may compromise the stability or security of the platform. 3.5 Any attempt to do any of the foregoing is a violation of our rights. If you breach these restrictions, you may be subject to prosecution and damages and we may, at our sole discretion, terminate your license, disable, suspend or terminate your Account, and/or bar you from accessing the Services immediately. YOU MUST INDEMNIFY US FOR ALL LOSSES AND/OR DAMAGES (INCLUDING LEGAL FEES) WHICH WE MAY SUFFER AS A RESULT, IN ACCORDANCE WITH SECTION 11, INDEMNIFICATION. 3.6 To the extent you choose to access our Services, you do so at your own risk and initiative. You may use the Services for lawful purposes only and only in accordance with these Terms. You are solely responsible for obtaining and maintaining all necessary consents required for you to use the Services and provide any material or other information in relation thereto, and for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Services, including any and all applicable privacy laws. 3.7 You acknowledge that the Company shall have no obligation to monitor any activity and/or content associated with access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms, or as it otherwise sees fit. The Company reserves the right to take any action against a User that we may deem appropriate including but not limited to: issue a warning, refuse service, terminate Accounts, disable any user identification code or password, remove, edit or refuse to post any Contribution, take actions with respect to any Contribution deemed necessary or appropriate, revoke your license, investigate and report, and otherwise terminate your right to use the Services at any time in our sole and absolute discretion, for any or no reason, including without limitation, if in the Company's opinion you have failed to comply with any provision of these Terms or for any illegal or criminal behavior. 3.8 Service Performance at Events: While we strive for 100% uptime, you acknowledge that the Services rely on internet connectivity, third-party cloud infrastructure, and hardware performance. The Company is not responsible for any financial loss, reputation damage, or claims from your clients resulting from technical failures, app crashes, or lack of internet connectivity during a live event. 4. User Content and Contributions 4.1 Content Standards These Content Standards apply to any and all material, including logos, artwork, photos, overlays, written content, music, images, designs, video content and any other content which you upload, post or otherwise contribute to our Services ("Contribution"), and to any interactive services associated with it. The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our absolute discretion, whether a Contribution breaches the Content Standards. 4.2 Ownership and License You retain all of your ownership rights in your Contribution, but you grant to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, process, store, reproduce, copy, display, modify, edit, publicly display, publicly perform, publish, distribute and transmit that content, including, to make it available to third parties (in whole or in part), in any format or medium now known or later developed, solely for the purpose of operating and providing the Services. You further waive any moral rights or other rights of authorship as a condition of uploading, posting or contributing any Contribution. 4.3 Representations and Warranties By uploading or posting any Contribution, you declare, represent and warrant to us that: (i) You own or have all rights, licenses, consents and authorizations necessary to submit the Contribution and to grant the licenses granted in these Terms; (ii) The Contribution does not infringe on any intellectual property or third party right(s); (iii) The Contribution complies with these Terms; and (iv) You have obtained all necessary consents, releases, and permissions from any individuals appearing in photos or videos to use, display, and distribute their likeness. We do not pre-screen Contributions and you agree that you are solely responsible for ensuring the Contribution you upload or post does not infringe on the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity or any other legal or moral rights). You understand and agree that you, not the Company nor our respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are responsible for any Contribution posted or uploaded to our Services, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any Contribution uploaded or posted to our Services submitted by you or any other user of the Services. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their intellectual property rights, or of their right to privacy or publicity or any other legal or moral rights. 4.4 Confidentiality In using our Services, you agree that any Contribution you upload or post will be considered non-confidential and non-proprietary. 4.5 Backup Responsibility You are solely responsible for securing and backing up your Contributions. 4.6 Content Requirements A Contribution must: (a) Be accurate (where it states facts); (b) Be genuinely held (where it states opinions); and (c) Comply with the applicable laws in the United States and in any country from which it is posted. 4.7 Prohibited Content A Contribution must not: (a) Be defamatory of any person; (b) Be obscene, offensive, hateful or inflammatory; (c) Promote sexually explicit material; (d) Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (e) Infringe any copyright, database right or trade mark or other right, including any other intellectual property or privacy right, of any other person; (f) Be likely to deceive any person; (g) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (h) Promote any illegal activity; (i) Be in contempt of court; (j) Be threatening, abusive or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; (k) Impersonate any person, or misrepresent your identity or affiliation with any person; (l) Give the impression that the Contribution emanates from ALIVE, if this is not the case; (m) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; (n) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; (o) Depict minors in any inappropriate, suggestive, or exploitative manner; or (p) Include content involving minors that could be used to sexualize, groom, abuse, or otherwise harm children. You are the sole "Data Controller" regarding any personal data (including photos) of event guests. You warrant that you have provided all necessary privacy notices and obtained all required legal consents for the Company to process this data as a "Data Processor" on your behalf. 4.8 Testimonials If you make any testimonials available to ALIVE on or through the Website or by contacting us, you are deemed to grant ALIVE a non-exclusive, transferable, sublicensable, irrevocable, royalty-free, perpetual and worldwide license to store, use, copy, reproduce, modify, adapt, edit, translate, publish, perform and display any such testimonials without any payment or restriction. 4.9 Digital Millennium Copyright Act (DMCA) Notice We respect intellectual property rights. If you believe that any content on our Services infringes your copyright, please send a notice to support@alive-pic.com with: (a) a description of the copyrighted work; (b) the URL of the allegedly infringing material; and (c) your contact information. We reserve the right to remove infringing content without prior notice. 5. AI Services 5.1 AI-Enhanced Photo Effects ALIVE offers AI-based image and video effects and enhancements ("AI Services") that allow you to apply artistic filters, visual effects, background modifications, and other creative enhancements to photos captured through the Services. The AI Services utilize various third-party and proprietary AI models to deliver photo enhancement capabilities. 5.2 AI Output Limitations Your Contributions may include input photos, images and other content that you input into the AI Services ("Input") in order to receive enhanced or modified photos and videos ("Output") based on the Input. (a) The Output may be (i) similar to or the same as the Output generated for other users; or (ii) inaccurate, imperfect, or contain visual artifacts. (b) You are responsible for all decisions, actions, or inactions arising from your use of the AI Services, including, without limitation, ensuring such decisions, actions, or inactions comply with applicable laws, rules and regulations. (c) You acknowledge that AI-generated content may occasionally produce unexpected or unintended results and that ALIVE is not responsible for the accuracy, quality, or appropriateness of AI-generated Output. 5.3 Prohibited AI Uses Without limiting the foregoing, you shall not use the AI Services for: (i) Any use that violates prohibited practices under the European Union Artificial Intelligence Act ("EU AI Act") or similar regulations; (ii) Any use that would result in the AI Services being declared a high-risk AI system or that otherwise qualifies as "high-risk" under the EU AI Act; (iii) Any use that is sensitive, critical, unsafe, high-risk, or hazardous (including any use that could result in death or serious bodily injury, catastrophic damage, or the operation of critical infrastructure); (iv) Identity verification, surveillance, or tracking purposes; (v) Facial recognition for biometric identification, tagging, or profiling individuals; (vi) Creating deepfakes or misleading content intended to deceive; (vii) Any illegal, harmful, deceptive, or discriminatory purposes; or (viii) Any use involving minors that could be used to sexualize, groom, abuse, or otherwise harm children. 5.4 AI Service Restrictions You may not: (a) Evade, disable, disrupt or interfere with any content filters or safety features of the AI Services; (b) Misrepresent the origin of any Output, including by claiming that AI-generated content was created solely by a human; (c) Remove any markings that are automatically applied to an Output to indicate that such Output was artificially generated; (d) Use the AI Services or any Output to aid in developing, training, re-training, fine-tuning, testing, improving, or enhancing products, software or services that compete with the Services or AI Services, including other artificial intelligence models; (e) Use the AI Services or Input in violation of these Terms. In addition, you will immediately stop using or processing any Output subject to a claim that the Output violates any third party rights. 5.5 No Face Recognition for Identification ALIVE's AI Services process visual data solely for photo enhancement and creative effects. We do NOT use facial recognition technology for: Identity verification Individual tracking or surveillance Biometric identification Automated tagging or profiling of individuals Any processing of visual data containing faces is limited strictly to applying artistic effects and enhancements as requested by the user and does not involve identification, tracking, or recognition of individuals. 5.6 Ownership of AI Output As between you and us, subject to the other provisions of these Terms, and to the extent permitted by applicable law, you: (i) Retain your ownership rights in Input, if any; and (ii) Own any original elements of the Output or other portions thereof that reflect your creative choices or are based on Inputs you already own. You acknowledge that the legal status of AI-generated content is evolving, and the Company makes no guarantee that Outputs are protectable by copyright or trademark law in your jurisdiction. 6. Event Galleries and Guest Access 6.1 Gallery Period Unless otherwise agreed by us in writing, the online gallery/microsite of your photo booth event will be live and available to guests for a period of two (2) years from the date of such event ("Gallery Period"). Upon the expiry of the Gallery Period, we reserve the right to permanently delete any and all images, data and/or other information gathered from such event. 6.2 Early Deletion Rights For the avoidance of doubt, we shall be entitled to permanently delete any and all images, data and/or other information gathered prior to the expiry of the Gallery Period in the event that: (a) You breach any term of these Terms or any documents incorporated by reference herein; (b) We are required to do so by law or by any competent authority; (c) Our contract is cancelled or comes to an end for whatever reason; or (d) Your subscription or payment is terminated or lapses. 6.3 Guest Access and Downloads Event guests may access galleries through unique links provided by you or generated by the Services. Guests may view, download, and share photos from galleries during the Gallery Period, subject to any access controls or privacy settings you configure. 6.4 Data Export You may request to download and export all photos and data from your event galleries at any time during the Gallery Period by contacting support@alive-pic.com. 7. Privacy and Use of Data 7.1 Privacy Policy You agree that we may collect, use and disclose personal information, pursuant to our Privacy Policy, which is incorporated into these Terms by reference and available at www.alive-pic.com/privacy. 7.2 Data Processing The Company acts as a "Data Processor" and you act as the "Data Controller" under applicable data protection laws (GDPR/CCPA). You are responsible for ensuring that your guests/clients understand how their data is being collected via the ALIVE software. 7.3 Image and Data Processing When you provide photos or images as Input that contain identifiable individuals, we may process such images for photo enhancement, AI effects application, gallery creation, and photo delivery purposes as part of the Services. We retain such personally identifiable information (including photos containing faces) for the Gallery Period to allow event guests to continue accessing and browsing event galleries and media shared through our platform. Image data is processed solely for the intended use within the event experience and is NOT used for: Identity verification Facial recognition or biometric identification Individual tracking or profiling Any unrelated purpose After the Gallery Period, we reserve the right to delete this data. If you or any event guest would like image data or other personally identifiable information removed sooner, you may request deletion at any time by contacting us at support@alive-pic.com or hello@alive-pic.com. 7.4 Third-Party Service Providers We use third-party service providers to deliver certain features of the Services, including but not limited to: SMS delivery services (such as Twilio for photo delivery via text message) Cloud storage and hosting providers Payment processors (Stripe) AI model providers Analytics services Your data may be shared with these providers solely to the extent necessary to provide the Services. We are not responsible for the privacy practices of third-party providers, and you should review their respective privacy policies. 7.5 SMS Delivery When you use SMS photo delivery features, standard message and data rates may apply to recipients. The Company is not responsible for carrier charges, delivery failures, or delays caused by telecommunications providers. 8. Termination 8.1 Termination Rights These Terms are effective until terminated by you or us. The Company may, at its sole discretion, terminate or suspend your license and bar access to the Services immediately, without prior notice or liability, for any of the following: (a) A breach of these Terms, or applicable laws or regulations, or third party rights or any failure to pay applicable fees when due; (b) If the Company believes in good faith that such action is reasonably necessary to protect the personal safety or property of the Company or third parties, or for fraud prevention, risk assessment or security purposes; (c) Non-payment or payment failure occurring more than twice; or (d) Misuse of the Services, including but not limited to attempts to reverse engineer Company IP, share accounts, or use the Services for competing purposes. 8.2 Effect of Termination Upon termination, you will immediately cease accessing or using the Services. We reserve the right to delete all data, photos, and galleries associated with your Account upon termination, subject to applicable law and our data retention obligations. 8.3 User-Initiated Cancellation You may cancel your subscription at any time through your Account settings or by contacting support. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial subscription periods, except as provided in Section 13. 9. No Warranty 9.1 AS-IS BASIS YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES AND OUTPUT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES AND THE OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND OUTPUT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. 9.2 Service Availability WE DO NOT WARRANT THAT THE SERVICES OR OUTPUT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES OR OUTPUT WILL BE CORRECTED. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE DURING YOUR EVENTS OR AT ANY SPECIFIC TIME. 9.3 No Oral Warranties NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. 10. Limitation of Liability 10.1 Exclusion of Damages TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR PERSONAL INJURY OR FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: Loss of profits Loss of data Loss of use Loss of goodwill Business interruption Service interruption during events Property damage System failure Failed photo delivery Corruption or loss of event photos or galleries Or other intangible losses OR FOR ANY DAMAGES RESULTING FROM THE INCOMPATIBILITY OF THE SOFTWARE WITH FUTURE OPERATING SYSTEM UPDATES (e.g., iOS or Android updates). OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE SERVICES OR YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT, INCLUDING THIRD PARTY CONTENT, AVAILABLE ON OR THROUGH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10.2 Liability Cap In no event shall our total liability to you for all damages (other than as may be required by applicable law) exceed the total sums paid by you to us in the twelve (12) months preceding the event giving rise to the claim. 10.3 Basis of Bargain THE FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ARE FUNDAMENTAL AND FORM THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. You agree that you will not use the Services for any purposes prohibited by applicable laws. 11. Indemnification 11.1 Your Indemnification Obligations You agree to release, defend, indemnify and hold harmless the Company and its licensees and licensors, and their respective employees, contractors, agents, officers, directors, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs and expenses (including but not limited to reasonable legal fees), resulting from or arising out of or in connection with: (a) Improper use of and access to the Services, by you or any person using your Account; (b) A breach of these Terms; (c) Any claim or allegation that your use of the Services (including but not limited to any Contribution you upload or post) infringes the intellectual property or other rights of the Company or any third party; (d) Your breach of any laws, regulations or third party rights; (e) Any claim by event guests or third parties arising from your use of the Services, including claims related to privacy violations, unauthorized use of likeness, or copyright infringement; (f) Your use of AI Services or Live Photos Technology in violation of these Terms; or (g) Any disputes between you and event guests or clients regarding photos, services, or deliverables. 12. Intellectual Property and Proprietary Rights 12.1 Company Proprietary Marks All product, brand and Company names and logos displayed on the Website or used in connection with the Services are proprietary marks of Alive Magic LLC. All rights reserved. ALIVE, the ALIVE logo, Live Photos, and related marks are proprietary to Alive Magic LLC. All other trademarks referenced herein are the property of their respective owners. Any use of any of the marks appearing on the Website or in connection with the Services without the express written consent of the Company or the owner of the mark, as appropriate, is strictly prohibited. 12.2 Live Photos Technology The Live Photos Technology, including the methodology, software, encoding processes, and scanning technology that enables printed photos to transform into animated videos, is proprietary to Alive Magic LLC and protected by intellectual property laws. Unauthorized use, replication, or reverse engineering is strictly prohibited. 13. Fees, Billing and Payment 13.1 Payment Obligation In consideration of access to the Services, you agree to pay the Company the fees as agreed upon pursuant to your subscription plan or order. You understand that the use of the Services may result in fees for the Services you receive. So far as is possible, we will always endeavor to ensure that the fees are clearly communicated to you prior to such fees being incurred. 13.2 Currency and Taxes Unless specified otherwise, all prices are in US dollars and all charges will be processed in US dollars. All purchases are subject to applicable taxes and any prices listed are in addition to any such applicable taxes and other charges. 13.3 Billing Cycle Subscriptions are billed on a monthly or annual basis, as selected by you. You authorize us to charge your payment method on a recurring basis in accordance with your billing cycle. 13.4 Refund Policy Refund Policy All purchases of licenses/subscriptions are final and non-refundable. For the avoidance of doubt, "technical difficulties" or "user error" during an event do not constitute grounds for a refund, as it is the User's responsibility to test the software and hardware setup prior to a live event. Approved refunds, in rare and exceptional cases approved by ALIVE at our sole discretion, will be subject to: A 5% service fee; and An 8% payment processing fee. You specifically acknowledge and agree that we shall be under no obligation whatsoever to compensate you in any manner whatsoever for any losses, damages and/or disappointment suffered by you through the use of the Services and/or as a result of your inability to use the Services for any reason whatsoever. 13.5 Payment Processing All payments are processed through Stripe, a third-party payment processor. By using the Services, you agree to be bound by Stripe's terms of service and privacy policy. We are not responsible for any issues arising from Stripe's payment processing services. All payments must be made in full immediately at checkout before an order can be accepted and processed. A purchase is not considered complete unless confirmed by us in writing. 13.6 Failed Payments If payment fails more than twice, your account may be suspended or terminated. You are responsible for maintaining valid payment information. 13.7 Tax Responsibility You are responsible for making payment of all and any tax charges incurred or arising out of your use of the Services. We are not responsible in any manner whatsoever for the payment of any such tax charges. 13.8 Cancellation of Transactions Notwithstanding any other provision of these Terms, we reserve the right to cancel any transaction between us for any of the following reasons: (a) Any failure by you to strictly adhere to these Terms or any documents incorporated herein by reference; (b) Incorrect pricing or billing errors; or (c) Suspected fraud or unauthorized payment activity. 13.9 Subscription Cancellation You may cancel your subscription at any time through your Account settings or by contacting support. Cancellation will take effect at the end of your current billing period. You will continue to have access to the Services until the end of your paid subscription period. 13.10 Fair Usage Policy: Subscriptions marked as "Unlimited" are subject to fair usage. If your SMS/Email usage or data storage significantly exceeds the average usage of 95% of our customer base, we reserve the right to throttle your service or move you to a custom high-volume pricing tier with 30 days' notice. 14. Service Availability and Changes 14.1 Service Modifications THE COMPANY RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO WITHDRAW, SUSPEND, REMOVE OR AMEND THE SERVICES AND ANY SERVICE OR MATERIAL IT PROVIDES IN CONNECTION THERETO WITHOUT NOTICE. THE COMPANY WILL NOT BE LIABLE IF FOR ANY REASON ALL OR PART OF THE SERVICES ARE UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD OF TIME. WE MAY ALSO IMPOSE LIMITS ON THE USE OF OR ACCESS TO OUR SERVICES, IN ANY CASE AND WITHOUT NOTICE OR LIABILITY. 14.2 Information Accuracy The Company is constantly updating product and service offerings and may experience delays in updating information on the Website and in its advertising. THE INFORMATION FOUND IN SUCH PLACES MAY CONTAIN ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SERVICES MAY BE MISPRICED, DESCRIBED INACCURATELY, OR UNAVAILABLE AND THE COMPANY CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION. 14.3 Service Interruptions Due to the nature of the Internet and software services, the Company does not guarantee continuous and uninterrupted availability and accessibility of the Services. The Company may also restrict the availability of the Services if it deems it to be necessary for any reason, in its sole discretion, including for the security of its servers, or to carry out maintenance of the Services. The Company reserves the right to change or update information and to correct errors, inaccuracies, or omissions or to improve, enhance and modify the Services and introduce new services from time to time, at any time, without prior notice or liability. 14.4 Geographic Scope We make no representations that the content of our Website or our Services is appropriate in locations outside of the United States. Any Users accessing our Website or our Services from outside of the United States shall be doing so at their own risk and shall be personally responsible for compliance with their respective domestic laws. 14.5 Security We do not guarantee that our Website or our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Website and our Services. You should use your own virus protection software. 15. Third-Party Content and Services 15.1 Third-Party Integration The Services may contain links to or permit the use of third-party websites, services, or third-party content (including SMS delivery services, payment processors, cloud storage providers, AI model providers, and analytics services). The Company does not endorse and is not responsible or liable for such third-party content's availability, accuracy, or related products or services. You are solely responsible for your use of any such websites or third-party content and compliance with any applicable third-party terms and conditions. 15.2 SMS Delivery Services Photo delivery via SMS text message is provided through third-party telecommunications carriers (such as Twilio). Message and data rates may apply. The Company is not responsible for delivery failures, delays, or carrier limitations. 15.3 Payment Processing Payment processing is provided by Stripe. We are not responsible for any errors, failures, or security issues arising from Stripe's services. You agree to comply with Stripe's terms of service. 15.4 AI Model Providers The AI Services utilize various third-party AI models and providers. We are not responsible for the accuracy, quality, or reliability of third-party AI models. 15.5 Linking to Our Services You may link to our Website and our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website or our Services in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice. 15.6 User-Generated Content User-generated content is not approved by us. Our Services may include information and materials uploaded by other Users. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Services do not represent our views or values. 16. Changes to Terms 16.1 Modification Rights The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time, including without limitation, any information, names, text, software, images, pictures, logos, marks, functionalities, Services and any other material displayed on, offered through or contained on the Website or Services from time to time. 16.2 Notice of Material Changes If a revision is material, which is to be determined by the Company at its sole discretion, the Company will provide at least thirty (30) days' notice on the Website or via email prior to any new terms taking effect. 16.3 Acceptance of Changes Your continued access to or use of the Services after any revisions become effective will mean that you accept and agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website and Services and should refrain from doing so. 17. General Provisions 17.1 Entire Agreement These Terms and any documents incorporated by reference herein constitute the entire agreement between you and the Company as it relates to the access to, and use of, the Services and the subject matter of these Terms and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between the Company and you. 17.2 Governing Law and Jurisdiction The laws of the State of Wyoming, United States of America, excluding its conflicts of law rules, govern these Terms and your use of the Services. You expressly agree that the courts in the State of Wyoming have exclusive jurisdiction over any claim or dispute with the Company or relating in any way to your use of the Services. 17.3 Waiver and Severability No delay or omission by the Company to exercise or enforce any right or provision of these Terms will constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain and continue in full force and effect. No delay or omission by a Party to exercise any right or power it has under these Terms or to object to the failure of any covenant of the other Party to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the Party waiving its rights. 17.4 Assignment You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without the Company's prior written consent. The Company may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion, including in connection with a merger, acquisition, sale of assets, or by operation of law. 17.5 Force Majeure Neither Party shall be liable for delays in or for failures to perform hereunder (other than a payment obligation) due to causes beyond its reasonable control, including acts of God, acts or omissions of the other Party or a third party, third party product or service failures, transportation delays, labor disputes, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or outages, pandemics or epidemics, flood, earthquakes, riot, or war ("Force Majeure Event"). Each Party shall use commercially reasonable efforts to provide the other Party with notice of any such events and recommence performance as soon as is practicably possible. 17.6 Notices Unless specified otherwise, any notices or communications required under these Terms will be in writing and sent via email to: Company: hello@alive-pic.com or support@alive-pic.com User: The email address associated with your Account 17.7 Electronic Documents This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) Deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) Legally enforceable as a signed agreement. By providing us with your email address, you agree to receive all required notices electronically, to that email address or by notifications via the Services. It is your responsibility to update or change that address, as appropriate. 17.8 Survival The following sections shall survive termination of these Terms: Sections 1.2 (Intellectual Property), 1.3 (Feedback), 4.2 (License to Content), 9 (No Warranty), 10 (Limitation of Liability), 11 (Indemnification), 12 (Proprietary Rights), and 17 (General Provisions). 18. Contact Us If you have any questions about these Terms, please contact the Company: Alive Magic LLC Email: hello@alive-pic.com | support@alive-pic.com Website: www.alive-pic.com By using the ALIVE Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.