TERMS AND CONDITIONS OF TIMECAPSULE SERVICES E.U.
Last updated: 01.11.2024
1. Scope and Acceptance
1.1. These Terms and Conditions (“T&Cs”) govern all contracts and use of services provided by TimeCapsule Services e.U. (“we,” “us,” “our”) to you (“Customer,” “User”). By accessing or using our services, you agree to be bound by these T&Cs.
1.2. Deviating terms and conditions proposed by the Customer are not recognized unless we have expressly agreed to their validity in writing.
2. Service Description
2.1. We offer a platform that collects and processes media files—including photos, videos, texts, and voice messages—from wedding guests. These media files are stored on our servers and may be processed into products such as photo books exclusively for the wedding couple and authorized guests.
2.2. Detailed descriptions of individual services are provided on our website and are subject to change without notice.
3. Contract Formation
3.1. All offers presented on our platform are non-binding invitations to the Customer to submit a purchase offer.
3.2. A contract is formed only when we expressly accept your order or commence performance of the service.
3.3. The Customer assures that they are of legal age and have full legal capacity to enter into contracts.
4. Prices and Payment Terms
4.1. All prices listed on our platform are final prices and include the statutory value-added tax (VAT) applicable at the time of order.
4.2. Payments can be made via credit card, PayPal, bank transfer, or other payment methods as specified on our website.
4.3. Unless otherwise agreed, payments are due immediately upon invoicing without any deductions.
4.4. In case of default in payment, we reserve the right to charge statutory default interest and suspend or terminate access to our services.
5. Right of Withdrawal and Cancellation
5.1. If you are a consumer within the meaning of the Austrian Consumer Protection Act (KSchG), you have the right to withdraw from this contract within 14 days without giving any reason.
5.2. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
5.3. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email).
5.4. The right of withdrawal expires prematurely if we have begun the performance of the service with your prior express consent and you have acknowledged that you lose your right of withdrawal once the contract has been fully performed by us.
6. Complaints and Warranty
6.1. We strive to provide high-quality services. If you have any complaints or concerns, please contact our customer support immediately.
6.2. Statutory warranty rights apply. However, we are not liable for defects caused by the Customer or third parties.
7. Limitation of Liability
7.1. We are liable for damages only in cases of intent or gross negligence. Liability for slight negligence is excluded, except for personal injury.
7.2. We are not liable for content uploaded by users. The Customer is solely responsible for ensuring that the content they upload does not infringe any third-party rights or applicable laws.
7.3. We are not liable for any loss or damage caused by force majeure events, including but not limited to network failures, server downtimes, or other events beyond our reasonable control.
8. User Obligations and Conduct
8.1. Users agree to use our services only for lawful purposes and in accordance with these T&Cs.
8.2. Users are prohibited from uploading illegal, offensive, defamatory, or inappropriate content.
8.3. Users assure that they possess all necessary rights, licenses, and consents to upload and share the content on our platform.
8.4. Users must not misuse the platform, including but not limited to spreading malware, attempting unauthorized access, or impairing the integrity and functionality of the platform.
8.5. Automated access to the platform, such as through bots or scraping, is prohibited without our express written consent.
9. Intellectual Property Rights
9.1. The Customer retains all rights to their uploaded content. By uploading content, the Customer grants us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and process the content solely for the purposes of providing our services.
9.2. The Customer indemnifies and holds us harmless from any claims, damages, or expenses arising from a breach of these obligations, including any infringement of third-party rights.
9.3. All trademarks, logos, and other proprietary information displayed on our platform are the property of TimeCapsule Services e.U. and are protected by copyright and other intellectual property laws. Unauthorized use is prohibited.
10. Data Protection
10.1. We process personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws.
10.2. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal data.
11. Modifications to the Terms and Conditions
11.1. We reserve the right to modify these T&Cs at any time. Changes will be communicated to the Customer in an appropriate manner.
11.2. If the Customer does not object to the revised T&Cs within 14 days, they are deemed accepted.
11.3. Existing contracts remain unaffected by such changes unless the Customer agrees to the new T&Cs.
12. Contract Duration and Termination
12.1. The contract is concluded for an indefinite period unless otherwise agreed.
12.2. Either party may terminate the contract with 30 days’ notice to the end of the month.
12.3. The right to immediate termination for good cause remains unaffected. Good cause includes, but is not limited to, serious breaches of these T&Cs by the Customer.
13. Wedding Capsule Period
13.1. After creating a wedding capsule, it will be stored for a predetermined period during which it is not accessible to the Customer.
13.2. Upon expiry of this period, the Customer will be provided with a link or access code to access their wedding capsule.
14. Deletion of Content
14.1. After the agreed storage period or upon termination of the contractual relationship, all content uploaded by the Customer will be permanently deleted unless legal retention obligations require otherwise.
14.2. The Customer will be informed before deletion and given the opportunity to download their content.
14.3. It is the Customer’s responsibility to create regular backups of their content.
15. Responsibility for Access Data
15.1. The Customer is responsible for maintaining the confidentiality of their account information, including passwords.
15.2. The Customer must notify us immediately of any unauthorized use of their account or any other breach of security.
16. User Invitations and Responsibilities
16.1. Users who invite others to our platform must ensure they have obtained explicit consent from the invitees before providing their personal data.
16.2. The inviting user is solely responsible for ensuring they have the legal right and consent to share the invitee’s personal data.
16.3. We are not liable for any unauthorized invitations or misuse of personal data by users.
17. Content Responsibility
17.1. The Customer is solely responsible for the content they upload to our platform. This includes compliance with all applicable laws and regulations.
17.2. We reserve the right to delete or modify content that violates these T&Cs or applicable law without prior notice.
18. Third-Party Links and Services
18.1. Our platform may contain links to third-party websites or services that are not owned or controlled by us.
18.2. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.
18.3. The operators of the linked pages are solely responsible for their content.
19. Service Interruptions
19.1. There may be planned or unplanned service interruptions, such as for maintenance work. We strive to keep these as short as possible and to inform customers in a timely manner.
19.2. We assume no liability for service interruptions due to circumstances beyond our control.
20. Customer Support
20.1. For any questions, issues, or support needs, Customers can contact our customer support as provided on our website.
21. Intellectual Property
21.1. All content, design, and functionality of our platform are the exclusive property of TimeCapsule Services e.U. and are protected by international copyright laws.
21.2. Unauthorized use, reproduction, or distribution of this content is prohibited.
22. Confidentiality
22.1. Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the service provision.
22.2. This obligation continues even after termination of the contractual relationship.
23. Force Majeure
23.1. Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, strikes, or governmental actions.
24. Assignment
24.1. The Customer may not assign or transfer any rights or obligations under these T&Cs without our prior written consent.
24.2. We may assign or transfer our rights and obligations under these T&Cs without restriction.
25. Entire Agreement
25.1. These T&Cs, together with our Privacy Policy, constitute the entire agreement between you and TimeCapsule Services e.U. regarding the use of our services and supersede all prior agreements.
26. Severability Clause
26.1. If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
27. Governing Law and Jurisdiction
27.1. These T&Cs are governed by the laws of Austria, excluding its conflict of law provisions.
27.2. The exclusive place of jurisdiction for all disputes arising from or in connection with these T&Cs is the competent court at our registered office in Lochau, Austria.
28. Language
28.1. These T&Cs are provided in English. In case of any discrepancy between the English version and any translation, the English version shall prevail.
29. Notices
29.1. Any notices or other communications required or permitted under these T&Cs shall be in writing and delivered to the addresses specified by the parties.
29.2. Notices sent by email are deemed received on the day they are sent if sent during normal business hours, and on the next business day if sent after business hours.
30. Non-Waiver
30.1. Our failure to enforce any right or provision of these T&Cs will not be considered a waiver of those rights.
31. Indemnification
31.1. The Customer agrees to indemnify, defend, and hold harmless TimeCapsule Services e.U., its affiliates, and their respective directors, officers, employees, and agents from any claims, liabilities, damages, losses, and expenses arising out of or in connection with:
- The Customer’s use of the services.
- Violation of these T&Cs.
- Infringement of any third-party rights, including intellectual property or privacy rights.
32. Automated Decision-Making
32.1. We do not use automated decision-making or profiling that produces legal effects concerning you.
33. Amendments
33.1. Any amendments or modifications to these T&Cs must be made in writing and agreed upon by both parties.
34. Technical Requirements
34.1. Certain technical requirements are necessary for using our platform. Details can be found on our website.
34.2. The Customer is responsible for ensuring their devices meet these technical requirements.
35. Disclaimer
35.1. Our services are provided on an “as is” and “as available” basis without warranties of any kind.
35.2. We do not guarantee that our services will be uninterrupted, secure, or error-free.
36. Security
36.1. We implement appropriate technical and organizational measures to protect the data and content of customers. However, absolute security cannot be guaranteed.
36.2. It is the Customer’s responsibility to protect their systems and data against viruses and other harmful programs.
37. Ratings and Feedback
37.1. Customers may provide ratings and feedback on our services. Such content must be truthful and not contain illegal or inappropriate material.
37.2. We reserve the right to delete or modify ratings if they violate these T&Cs or applicable law.
38. Non-Indexing by Search Engines
38.1. This document is intended for our users and is not intended to be indexed by search engines. We have implemented technical measures to prevent indexing; however, we cannot guarantee that search engines will not index this page.
39. Contact Information
TimeCapsule Services e.U.
Alberlochstraße 29
6911 Lochau
Vorarlberg, Austria
Email: [[email protected]]
Phone: [+43 (0)123 456789]
40. Competent Data Protection Authority
If you have concerns about our processing of your data, you have the right to lodge a complaint with the competent data protection authority:
Österreichische Datenschutzbehörde (Austrian Data Protection Authority)
This document was last updated on 01.10.2024. It is designed to provide comprehensive protection for TimeCapsule Services e.U. while clearly outlining the rights and responsibilities of our users in relation to the Hochzeitkapsel project.
