Terms & Conditions

Imago Moments — Version 1.0. This is a translation of the Romanian original; in case of any discrepancy, the Romanian version prevails.

Chapter I: General provisions

Art. 1. Purpose of the document

(1) This document sets out the legal conditions applicable to accessing, using and purchasing the services provided through the Imago Moments platform.

(2) Use of the platform implies full and unconditional acceptance of these Terms and Conditions.

(3) If the user does not agree with this document, they are required to cease using the platform immediately.

Art. 2. Service provider

The Imago Moments platform is operated by IMAGO CLUB S.R.L., a company incorporated and operating in accordance with Romanian law.

The operator’s complete identification details are permanently available within the platform:

• Company: Imago Club SRL
• Tax ID (CUI): 17715050
• Trade Register: J12/2348/2005 (Trade Register Office of the Cluj Tribunal)
• Registered office: Str. Patriciu Barbu, Nr. 37, 400057 Cluj-Napoca, Cluj County, Romania
• Share capital: 500 RON
• VAT number: RO17715050 (VAT payer)
• Phone: 0745 173 430
• General contact: contact@imagomoments.ro
• Privacy and data-subject rights: privacy@imagomoments.ro

Chapter II: Definitions

For the purposes of this document:

• Platform – the software application, website and digital services provided under the name Imago Moments;
• User – any natural or legal person who uses the platform;
• Organizer – the person who creates and administers an event;
• Photographer – the natural or legal person who uses the platform to manage and distribute photographs;
• Event – any project created within the platform;
• Content – any photograph, image, file, information, text or material uploaded to the platform;
• Account – the profile created by the user within the platform.

Chapter III: Description of services

Art. 3. Services offered

The platform may provide, without being limited to:

• digital invitations;
• private photo galleries;
• uploading and storing photographs;
• distributing and accessing content;
• automatic album generation;
• identifying photographs in which a particular person appears;
• features based on artificial intelligence;
• archiving and backup services;
• other related services developed subsequently.

Art. 4. Availability of services

The operator uses all reasonable diligence to ensure the continuous operation of the platform, without guaranteeing uninterrupted operation or the complete absence of technical errors.

Chapter IV: User accounts

Art. 5. Creating an account

(1) The use of certain features requires the creation of an account.

(2) The user is responsible for the accuracy of the information provided.

Art. 6. Account security

(1) The user is solely responsible for maintaining the confidentiality of their authentication credentials.

(2) Any activity carried out through the account is considered to be performed by its holder.

Art. 7. Access granted to third parties

(1) The platform may allow access to be granted to third parties.

(2) The account holder is responsible for all actions carried out by the persons to whom they have granted access.

Chapter V: Content uploaded to the platform

Art. 8. User rights over content

The user retains all rights over the content uploaded to the platform.

Art. 9. Licence granted to the operator

By uploading content, the user grants the operator a licence that is:

• non-exclusive;
• limited;
• royalty-free;
• revocable;
• valid for the duration of the provision of the services;

strictly to the extent necessary to provide the platform’s features.

Art. 10. User warranties

The user declares and warrants that:

• they hold all rights necessary over the uploaded content;
• they hold the right to distribute and use the content;
• uploading the content does not infringe the rights of third parties;
• the content is not illegal.

Chapter VI: Right to image and data protection

Art. 11. User obligations

The user is responsible for obtaining all agreements and consents necessary regarding the use of the images of the persons photographed.

Art. 12. Minors

The user declares that they hold all approvals and agreements necessary for the use of the images of minors.

Art. 13. Biometric features

The platform may make optional facial-identification features available to users.

Their use is conditional on the explicit consent of the data subject.

Chapter VII: Acceptable use of the platform

Art. 14. Prohibitions

The following are prohibited:

• using the platform for illegal purposes;
• uploading content that infringes the rights of third parties;
• distributing defamatory, discriminatory or obscene content;
• using the platform for fraudulent activities;
• attempting unauthorized access to the platform’s systems.

Chapter VIII: Paid services

Art. 15. Prices

Services may be provided free of charge or for a fee, depending on the chosen plan.

Art. 16. Invoicing

The operator may issue invoices and fiscal documents in accordance with applicable legislation.

Art. 17. Payments

Payments are processed through specialized payment-service providers.

Chapter IX: Distance contracts

Art. 18.

For users who have the status of consumers, the provisions of the legislation on distance contracts apply.

Art. 19.

By expressly requesting the commencement of the performance of the services before the legal withdrawal period expires, the consumer may lose the right of withdrawal under the conditions provided by applicable legislation.

Exercising the right of withdrawal

If you are a consumer, you have a 14-day right of withdrawal from the conclusion of the contract, under Romanian OUG no. 34/2014 (which transposes Directive 2011/83/EU).

You may exercise this right by an unequivocal written statement sent to contact@imagomoments.ro, or by using the model form in the Annex at the end of this document.

If we have not provided you with the pre-contractual information on the right of withdrawal, the withdrawal period is extended by 12 months.

Under Art. 16(a) of OUG no. 34/2014, if you expressly request the performance of the service to begin before the withdrawal period expires and confirm that you will lose your right of withdrawal once the service has been fully performed, the right of withdrawal is extinguished at the point of full performance. Until then, if you withdraw, you will pay an amount proportionate to the part of the service already provided.

Refunds are made using the same payment method, within 14 days of receipt of the withdrawal notice.

Chapter X: Intellectual property

Art. 20.

All rights over the platform, software, source code, trademarks, design, databases and features belong to the operator or its licensors.

Art. 21.

Copying, reproducing, modifying, distributing or making unauthorized use of the platform’s elements is prohibited.

Chapter XI: Suspension and termination of access

Art. 22.

The operator may suspend or restrict a user’s access when there are indications of:

• breach of this document;
• unlawful use of the platform;
• infringement of the rights of third parties;
• the existence of security risks.

Art. 23.

The operator may delete content or deactivate accounts when necessary to comply with the law or to protect the legitimate interests of the platform.

Chapter XII: Limitation of liability

Art. 24.

The platform is a technological infrastructure intended for the management and distribution of content.

Art. 25.

The operator does not individually verify all materials uploaded by users.

Art. 26.

The operator does not guarantee:

• the existence of agreements regarding the use of images;
• the legality of each uploaded material;
• the accuracy of the information provided by users.

Art. 27.

The operator is not liable for:

• the infringement of third-party rights by users;
• the infringement of the right to image;
• the infringement of data-protection legislation;
• the infringement of copyright;
• the content uploaded by users.

Chapter XIII: Indemnification obligation

Art. 28.

The user undertakes to fully indemnify the operator for any damage, cost, expense, penalty, fine, compensation or claim arising from:

• breach of these Terms and Conditions;
• breach of applicable legislation;
• infringement of the rights of third parties;
• unlawful use of the platform.

Chapter XIV: Force majeure

Art. 29.

The operator is not liable for the non-performance of obligations caused by force-majeure events or fortuitous circumstances.

Chapter XV: Applicable law and dispute resolution

Art. 30.

This document is governed by Romanian law.

Art. 31.

The parties will attempt to resolve any dispute amicably.

Art. 32.

To the extent permitted by law, disputes will be settled by the competent courts of Romania.

Chapter XVI: Final provisions

Art. 33.

The operator reserves the right to modify this document.

Art. 34.

The updated version will be published within the platform and will take effect from the date of publication.

Art. 35.

These Terms and Conditions are supplemented by the Privacy Policy, the Right to Image Policy and the other legal documents published within the platform.

Annex: Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Imago Club SRL
Address: Str. Patriciu Barbu, Nr. 37, 400057 Cluj-Napoca, Cluj County, Romania
Email: contact@imagomoments.ro

I, the undersigned, ___________________________, hereby give notice that I withdraw from the contract for the provision of the following digital service: ImagoMoments — plan/service ____________________________.

Ordered on: ___ / ___ / ______
Consumer’s name: _________________________________
Consumer’s address: _________________________________
Consumer’s email: _________________________________
Consumer’s signature (only if this form is notified on paper): _________________________________
Date: ___ / ___ / ______