Terms and conditions

GENERAL TERMS AND CONDITIONS OF
FRION UG
for
www.weddingphotos.live

This is a convenience translation of the German original. The German version is the legally binding one and prevails in case of any discrepancy. The language of the contract is German (see § 12 no. 1).

§ 1 Scope and provider

1. The following general terms and conditions govern the contractual relationship between Frion UG (haftungsbeschränkt) (hereinafter: the provider) and you (hereinafter: the customer), in the version valid at the time the contract is concluded.
2. Deviating general terms and conditions of the customer are rejected. Please read these terms carefully before using a service of Frion UG (haftungsbeschränkt).
3. On weddingphotos.live we offer you the following services: creation of one or more private photo streams to which several photographers can upload their photos and, in part, videos for collection. After upload, the photos and videos can be presented live as a photo stream. No specific app is required. The photos and videos can be downloaded and shared with others via a link with a password.

§ 2 Conclusion of the contract

1. The contract can be concluded in any language in which the website is offered. The German wording of these terms and conditions is authoritative; versions in other languages are provided for understanding.
2. The customer must have reached the age of 18.
3. Access to the weddingphotos.live service requires registration.
4. By registering, the customer accepts these general terms and conditions. Registration creates a contractual relationship between the provider and the registered customer, governed by these general terms and conditions.
5. The presentation of the service on the website does not constitute a legally binding offer. By presenting the service, the customer is merely invited to make an offer.
6. By ordering a paid service, the registered customer enters into a further contractual relationship with the provider, separate from the registration. Before this contractual relationship is concluded, the user is informed about the respective paid service and the payment terms. The contractual relationship comes into being when the customer confirms the order and the obligation to pay by clicking the "Buy" button.
7. You agree to receive invoices electronically. Electronic invoices are provided to you by e-mail.

§ 3 Description of the scope of services

The scope of services of weddingphotos.live consists of the following:
1. Uploading and storing photos — and, depending on the chosen package, videos — for a defined period. Uploaded photos and videos are converted into web formats for display. In the process, the metadata stored in the files is removed, such as details of the device and the time of recording as well as location data, including the recording location of videos. The provider keeps the unchanged original file only if the add-on "Original files" has been booked for the stream; this applies to files uploaded after the booking. Original files are kept unchanged, i.e. including their metadata.
2. Provision of a QR code as access for guests to upload and view photos.
3. Online slideshow with the uploaded photos.
4. Display of photos in formats reduced for the web; how quickly they load also depends on the users' internet connection.
5. Depending on the version, ZIP download of the stored photos and videos.
6. Review and release of photos for the slideshow using a second device or browser.
7. Storage space for photos and videos in connection with an event to the extent of the booked package (e.g. 250 GB for the multi-day celebration); additional storage can be booked as an add-on ("More storage", 100 GB). For packages without a storage limit, the provider is entitled to check for misuse where more than 300 GB of storage space is used.
8. Further features around the stream, such as photo booth, quiz and polls. The features included in a package are shown before purchase. Independently of any package and free of charge, all registered customers can use the wedding planner (tasks, budget, schedule), the guest list with seating plan, save the date with RSVPs and the bachelor/bachelorette party card; these do not concern the stream.
9. Uploading by country. A stream from a paid package is intended for the country for which it was purchased; this is the country of the billing address (booking country). The following applies:
  a) If the booking country is in the European Union, guests can upload from all member states of the European Union without restriction; it does not matter from which member state they upload.
  b) If the booking country is outside the European Union, guests can upload from the booking country without restriction.
  c) Guests can upload from all other countries – including via a photo booth – as long as their devices make up no more than 5 % of all devices uploading to the stream, but at least 10 devices. Beyond that, uploads from further devices from these countries may be rejected. A device that has already been admitted remains admitted; photos and videos already uploaded are not affected.
  d) The country is determined from the IP address. With roaming, VPN or corporate networks, a different country may be detected than the one in which a guest is located. If no country can be determined, uploading is possible.
  e) This restriction does not apply to the customer themselves or to photographers to whom the customer gives photographer access.

The service offered is continuously improved. Nevertheless, depending on the browser, the following limitations may occasionally occur:
1. A grey image may appear while photos are being reloaded.
2. Videos are not always displayed reliably.
3. A pure video stream is not supported.

§ 4 Prices and payment

1. Registration is required in order to use weddingphotos.live.
2. In order to purchase the services of the website, the customer must register and create a user account.
3. If the customer wishes to use a paid service, they are informed in advance that it is subject to a charge. In particular, the respective additional scope of services, the costs incurred and the method of payment are set out.
4. The provider reserves the right to charge different fee models for different booking times and user groups, and in particular for different usage periods, as well as to offer different scopes of service.
5. The purchase price of a paid package is allocated to two partial services:
  a) Provision of the stream: a fixed amount per package, shown separately in the cart and at checkout, but no more than the purchase price paid. It is the purchase price less the storage share under b). This includes setting up and activating the stream, the upload address together with access credentials and QR code, the place card template, the ready-to-use livestream display and the processing of the payment. How this amount is taken into account in the event of withdrawal is governed by § 10 no. 4. Add-ons and the free package contain no separate provision.
  b) Storage of the images: a fixed amount per package, likewise shown separately in the cart and at checkout, for the agreed validity period, including conversion, retention and provision for download.
  Currently (purchase price / storage / provision, gross in each case): Premium € 49.99 / € 15.00 / € 34.99; Deluxe € 89.99 / € 25.00 / € 64.99; Multi-day celebration € 249.00 / € 80.00 / € 169.00. The amounts shown at the time of purchase are decisive.
  In member states of the European Union with their own currency (currently Poland, the Czech Republic, Hungary, Romania, Sweden and Denmark), the provider converts the euro price, including its allocation under a) and b), into the local currency once a week at the exchange rate current at that time. The purchase price is rounded to an even amount in the process and may therefore deviate slightly from the arithmetically converted amount. There, too, the amounts shown at the time of purchase apply.
6. This allocation serves transparency and forms the basis for calculating any compensation for value under § 10. It reflects how the effort is distributed: provision is rendered through setting up the stream and using it for the event, whereas storage is spread across the validity period. The amount attributable to provision is in all cases limited to the price paid.
7. If the customer switches to a different package during the validity period of a paid package, the unused part of the previous package price (excluding add-ons) is credited pro rata to the new purchase price according to the remaining validity period. No credit is given when the same package is extended, for free or complimentary packages, for payment in a different currency or for streams that have already expired. The credited amount is shown before purchase; if it reaches the new purchase price, switching to that package is not possible.

§ 5 Payment terms

1. Any fee incurred is payable to the provider immediately, at the time it falls due, without deduction.
2. By registering, providing the information required for the payment procedure and using the paid service, the user authorises the operator to collect the corresponding amount.
3. Certain payment methods may be excluded by the provider in individual cases.
4. The customer is not permitted to pay for the service by sending cash or cheques.
5. Should the customer choose an online payment procedure, the customer thereby authorises the provider to collect the amounts due at the time of the order.
6. Should the provider offer payment by credit card and the customer choose this payment method, the customer expressly authorises the provider to collect the amounts due.
7. Should the customer default on payment, the provider reserves the right to claim damages caused by the delay.
8. Purchases from countries of the European Union are processed by the provider itself. Payment is handled by the payment service provider Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland. Depending on the country, payment methods include credit card, SEPA direct debit, Apple Pay, Google Pay and PayPal.
9. Purchases from countries outside the European Union are processed by Paddle.com Market Limited, Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom ("Paddle"), acting as reseller and merchant of record. In this case, Paddle is the contracting party for the purchase, and Paddle's buyer terms (https://www.paddle.com/legal/buyer-terms) apply in addition. Paddle issues the invoice and is the point of contact for payment, taxes and refunds. As between the customer and the provider, these terms and conditions continue to govern the use of the service.

§ 6 Registration and termination

1. The customer provides true and complete information when registering and keeps it up to date. The customer further declares that neither they nor, to their knowledge, any member of their household has a previous conviction for an intentional criminal offence endangering the safety of third parties, in particular not for an offence against sexual self-determination (sections 174 et seq. of the German Criminal Code, StGB), an offence against life (sections 211 et seq. StGB), an offence against physical integrity (sections 223 et seq. StGB), an offence against personal liberty (sections 232 et seq. StGB), theft and misappropriation (sections 242 et seq. StGB), robbery and extortion (sections 249 et seq. StGB), or drug abuse.
2. A user account is for the sole and personal use of its holder, and a customer may not authorise third parties to use this account. A customer may not transfer their account to third parties.
3. Subject to reservation, a customer is entitled at any time to deregister in writing by post or e-mail without giving reasons. At the same time, it is possible to deactivate the account completely and independently within the data and settings of the user account. The contractual relationship previously concluded thereby ends.
4. The provider may terminate the contract for good cause, in particular in the event of a serious breach of these terms; nos. 5 and 6 remain unaffected. The provider may remove content that violates the law or these terms. In addition, the following applies:
  a) If the customer has not logged in for twelve months and their last stream expired at least twelve months ago, the contractual relationship regarding the customer account ends. The provider announces this 30 days and again 7 days in advance by e-mail to the stored address; at least 30 days lie between the first announcement and the end. If the announcement cannot be delivered, the contractual relationship ends three months after the day on which it would otherwise have ended, even without an announcement. If the customer logs in before then, the account remains.
  b) A registration that is not confirmed within ten days of the most recent activation e-mail is deleted.
  c) Upon the end, the customer account and all associated data are deleted, in particular streams with photos and videos, the wedding planner, the guest list and the save-the-date page. Invoices and the information required for accounting are retained in accordance with statutory retention obligations.
  d) During the validity period of a purchased package and the grace period under § 8, the contractual relationship ends only for good cause.
5. Customers are obliged not to make any intentional or fraudulent false statements in their profile or other areas of the portal. Such statements may result in civil proceedings. The operator further reserves the right to dissolve the existing contractual relationship with immediate effect in such a case.
6. If a customer's access is blocked and/or the contractual relationship is dissolved due to a culpable breach of contract, the customer must pay damages for the remaining contract term in the amount of the agreed fee less saved expenses. The amount of the saved expenses is set at a flat rate of 10 % of the fee. Both contracting parties remain free to prove that the damage and/or the saved expenses are in fact higher or lower.
7. After the end of the contractual relationship, all of the customer's data is deleted unless statutory or contractual retention periods prevent this.

§ 7 Limitation of liability (services)

1. The provider assumes no responsibility for the content and accuracy of the information in the customers' registration and profile data or for other content generated by customers. Likewise, the provider assumes no liability for any misuse of information.
2. Contracts on the use of the service are concluded exclusively between the provider and the customer; § 5 no. 9 remains unaffected. Guests who upload or view photos and videos via QR code, upload address or link do not thereby become contracting parties of the provider. The provider is not responsible for arrangements between the customer and their guests or third parties, such as photographers or other service providers for the wedding or event.
3. Frion UG (haftungsbeschränkt) is liable for damage arising from injury to life, body or health only if such damage is based on an intentional or negligent breach of duty by Frion UG (haftungsbeschränkt) or on an intentional or negligent breach of duty by a legal representative or vicarious agent of Frion UG (haftungsbeschränkt).
4. For other damage, insofar as it is not based on the breach of cardinal obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely), Frion UG (haftungsbeschränkt) is liable only if such damage is based on an intentional or grossly negligent breach of duty by Frion UG (haftungsbeschränkt) or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Frion UG (haftungsbeschränkt).
5. Claims for damages are limited to the foreseeable damage typical for this type of contract. In the event of default they amount to no more than 5 % of the order value.
6. Claims for damages based on injury to life, body, health or liberty become time-barred after 30 years; otherwise after 1 year, whereby the limitation period begins at the end of the year in which the claim arose and the creditor becomes aware, or would have become aware but for gross negligence, of the circumstances giving rise to the claim and of the identity of the debtor (section 199 (1) of the German Civil Code, BGB).
7. The provider is not liable for unauthorised acquisition of personal user data by third parties. Likewise, the provider is not liable for the misuse by third parties of information about customers that those customers themselves made accessible to third parties.
8. The provider reserves the right to check the content of a text written by a user, as well as uploaded files, for compliance with the law and, if necessary, to delete it in whole or in part.
9. The availability of the servers used by the provider and of the data paths up to the transfer point to the internet is at least 99 % on an annual average. Excluded from this are periods in which the relevant servers cannot be reached due to technical or other problems outside the provider's sphere of influence (force majeure, fault of third parties, etc.). Claims for damages due to a lack of availability of the service cannot be asserted.
10. The customer is responsible for a stable data connection for using the service.

§ 8 Use of the stream and rights to the photos and videos

1. The provider stores photos and videos on behalf of the customer but acquires no rights to exploit the photos and videos.
2. Ownership rights to the images remain with the photographer of the photos. The customer must ensure that no personality rights of third parties are infringed when the photos are used. The photos may be used commercially only for the purposes of the event.
3. The provider draws photographers' attention to the following rules of conduct: "Please make sure that you do not upload any pornographic content, any depictions of sexual acts involving minors, or images that infringe the personality rights of others.

The images remain the property of the photographer, but may also be used commercially by the customer of the livestream for the event and stored for the validity period of the livestream."
4. Validity period. A stream is available for the validity period stated when the package is purchased; the free stream for the period stated at registration. The expiry date shown in the customer account is decisive.
5. Reminders. The provider notifies the customer by email to the address stored in the customer account 30, 14 and 3 days before the expiry date about the expiry and the upcoming deletion. For free streams to which nothing has been uploaded, these notices are not sent.
6. Expiry. From the expiry date, the stream is no longer accessible to guests; uploading and viewing via QR code, upload address and screen are no longer possible. The customer can then no longer start or edit the stream either; during a grace period, they can only download the stored photos and videos as a ZIP file in their customer account. The grace period depends on the booked package (currently 30 to 60 days); the provider states the exact deletion date by email upon expiry.
7. Deletion. At the end of the grace period, the provider permanently deletes the stream with all photos, videos, guestbook entries, comments, messages and other content; the customer receives a final reminder one week beforehand. Restoration is not possible afterwards. Invoices and the information required for accounting are retained in accordance with statutory retention obligations.
8. Backup. It is up to the customer to download the content in good time before deletion. The provider owes no retention beyond the grace period.
9. Extension. Until deletion, the customer can extend the stream by purchasing a package; it is then immediately accessible again, and content and settings are preserved.

§ 9 Set-off and right of retention

1. The customer is entitled to set-off only if the customer's counterclaim has been finally established by a court or has not been disputed by the provider.
2. The customer may exercise a right of retention only insofar as their counterclaim is based on the same contractual relationship.

§ 10 Right of withdrawal

1. The provider makes a free stream with limited storage available for testing the service.
2. A 14-day right of withdrawal applies to paid packages.
3. The booked streams are available immediately after the purchase. With the purchase, the customer therefore expressly requests that provision begins before the withdrawal period expires; a purchase is not possible without this request. The provider expressly informs the customer of this before the purchase and obtains their consent.
4. If the customer validly withdraws within the withdrawal period before using the stream for their event, the full purchase price is generally refunded; the fact that the stream has already been set up or prepared by the customer generally makes no difference. If they withdraw after using the stream for their event, a substantial part of the service has been rendered, and they owe reasonable compensation for the value of the services rendered up to that point. For the event service already rendered, the provision amount shown at checkout under § 4 no. 5 a is used as the basis; the part attributable to storage as shown at the time of purchase (§ 4 no. 5 b) is only taken into account pro rata according to the validity period already elapsed, and the rest is refunded. Compensation is only charged to the extent permitted by law and never exceeds the price paid.
5. If the service has been fully performed at the express request of the customer and the customer was aware of this before concluding the contract, the right of withdrawal lapses (section 356 (4) BGB).
6. You can withdraw via the “Withdraw from contract” function linked at the bottom of every page (withdraw now); you receive an acknowledgement of receipt by e-mail straight away. An e-mail stating name, address and invoice number to info@weddingphotos.live, or a message with the corresponding details via the contact form, is equally sufficient.
7. Independently of the right of withdrawal, our refund policy applies.

§ 11 Place of jurisdiction and applicable law

1. Differences of opinion and disputes arising in connection with this contract are governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a consumer, this choice of law applies only insofar as it does not deprive them of the protection granted to them by the mandatory provisions of the law of the state in which they have their habitual residence (Art. 6(2) Rome I Regulation).
2. For orders placed by merchants, legal entities under public law or special funds under public law, the sole place of jurisdiction is the registered office of the provider.

§ 12 Final provisions

1. The language of the contract is German.
2. The services of weddingphotos.live can only be ordered by adults (§ 2 no. 2).
3. If you breach these general terms and conditions and we take no action against this, we remain entitled to exercise our rights on any other occasion on which you breach these terms of sale.
4. We reserve the right to make changes to our website, policies and terms, including these general terms and conditions, at any time. The terms of sale, contractual terms and general terms and conditions in force at the time of your order apply to your order, unless a change to these terms is required by law or by official order (in which case they also apply to orders you placed previously). If any provision of these terms of sale is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
5. The invalidity of one provision does not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced, according to its meaning and purpose, by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.

Annex: Information on the right of withdrawal

Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Frion UG (haftungsbeschränkt), Am Buttermarkt 40, 51371 Leverkusen, Germany, e-mail: info@weddingphotos.live) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also declare your withdrawal via the "Withdraw from contract" button linked at the bottom of every page of weddingphotos.live.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract. How this amount is determined is governed by § 10 no. 4.
End of the withdrawal information

Annex: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)
– To Frion UG (haftungsbeschränkt), Am Buttermarkt 40, 51371 Leverkusen, Germany, e-mail: info@weddingphotos.live:
– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):
– Ordered on (*):
– Name of consumer(s):
– Address of consumer(s):
– Signature of consumer(s) (only if this form is notified on paper):
– Date:
(*) Delete as appropriate.