Terms & Conditions

This page is a draft pending legal review. It is not binding on Imago Club SRL and may change before the Service launches. For questions, contact privacy@imagomoments.ro.

These Terms of Service (the “Terms”) govern your access to and use of the ImagoMoments Service. By creating an account or otherwise using the Service, you agree to these Terms.

1. About these Terms

The Service is operated by Imago Club SRL. The information below also serves as the imprint required under Law 365/2002 on electronic commerce.

• Company: Imago Club SRL
• CUI (tax ID): 17715050
• Trade Register: J12/2348/2005 (Oficiul Registrului Comerțului de pe lângă Tribunalul Cluj)
• Registered office: Str. Patriciu Barbu, Nr. 37, 400057 Cluj-Napoca, jud. Cluj, Romania
• Share capital (capital social): 500 RON
• VAT registration: RO17715050 (registered for VAT)
• General contact: contact@imagomoments.ro
• Privacy and data subject rights: privacy@imagomoments.ro
• DSA contact (recipients, authorities, Commission, Board): dsa-contact@imagomoments.ro
• Consumer protection (ANPC): Autoritatea Națională pentru Protecția Consumatorilor — see also the ANPC SAL alternative dispute resolution portal at https://anpc.ro/ce-este-sal/.

2. Definitions

• Service — the ImagoMoments platform at imagomoments.ro and app.imagomoments.ro, including the web app, API, photo pipeline, face recognition, digital invitations, RSVP management, partner public profiles and conversation channel, customer reviews, and album share tokens.
• We, us, our — Imago Club SRL.
• User — a natural person who has created an account on the Service.
• Couple — a User (or two linked Users) who owns an Event on the Service.
• Guest — a natural person invited to an Event via an ImagoMoments invitation.
• Partner — a User who has been onboarded into the partner programme and operates a partner public profile.
• Event — a wedding, baptism, birthday or similar celebration managed on the Service.

3. Eligibility and your account

You must be at least 18 years old to create an account. You confirm that the information you provide is accurate. You may hold one account per natural person.

You can sign in with an email address and a password, or with Google or Facebook OAuth. Accounts that are not email-verified are automatically removed after 7 days.

You are responsible for keeping your credentials confidential. Acceptance of these Terms is recorded on your User record as terms_accepted_at.

4. What the Service does

The Service currently offers:

• Digital invitations for weddings, baptisms and birthdays, with templates, custom content and venue map coordinates.
• Guest list and RSVP management with adults/children split, menu options and table assignments.
• A photo upload pipeline supporting images (JPEG, PNG, WebP) and videos (MP4, QuickTime, WebM, AVI), with three storage tiers (original, web at 2048px, thumbnail at 400px) and a Glacier Deep Archive disaster-recovery copy.
• Guest contributions to event albums — Guests may upload photos and videos to a Couple's event album. Guest contributions are held in a moderation queue until the Couple approves them, are subject to a per-event upload cap configured by the Couple, and each Guest may view and delete their own contributions at any time via the My Uploads view.
• Optional face recognition over event photos (“Smart Photo Groups”), opt-in per event. See also the face-recognition acceptable-use clause in §5.
• Album share tokens — scoped, revocable tokens that grant a third party access to a specific Couple's album scope. Album share tokens are not a basis for public dissemination and are not a DSA “online platform” feature.
• An optional AI-assisted photo highlights feature running on AWS Bedrock in eu-central-1 (Frankfurt). There is no transfer to the United States for AI inference.
• An in-app messaging channel for support and reprocess requests.
• Partner public profiles — discoverable profiles for vendors (photographers, venues, etc.) onboarded into the partner programme, with a per-partner conversation channel through which Users may contact the Partner.
• Customer reviews on partner profiles — Users who have first contacted a Partner through the in-app conversation channel may submit a review; reviews are moderated and displayed on the Partner's public profile (see §11 below).
• Privacy-respecting analytics on invitation views, with hashed IP and no behavioural tracking.

Plan-based billing features are currently in preview. No real charges occur. See §8.

5. How you may and may not use the Service

You agree:

• To provide accurate information.
• Not to upload unlawful content.
• To respect the image rights and privacy of any Guest shown in photos you upload.
• As a Couple, to ensure a lawful basis exists for uploading photos of Guests (GDPR Art. 6(1)(f) balancing where appropriate) and to honour any Guest's right to object.
• As a Couple collecting dietary notes in your RSVP form, to inform Guests why you are collecting that information and to obtain any consent required under GDPR Art. 9 (dietary notes may reveal health data).
• As a Guest uploading photos or videos to a Couple's event album, to ensure you have the right to share the content and to respect the privacy and image rights of any other person depicted. Guest uploads are held in a moderation queue until the Couple approves them, are subject to a per-event upload cap, and you may view and delete your own uploads at any time via the My Uploads view.
• As a Couple, to honour any depicted Guest's request to revoke an album share token that grants third-party access to your album scope. Token revocation is implemented as an exercise of the data subject's rights (in particular the right of erasure over the access route).
• As a Partner, to ensure that any reviews you respond to are answered honestly, without disclosing third-party private data. You agree not to solicit, post, or pay for fake or incentivised reviews of your own profile, and not to attempt to game review moderation or visibility through manipulation.
• As a User submitting a customer review, to ensure your review reflects your genuine experience with the Partner, to answer honestly, and not to submit reviews you have been paid or otherwise incentivised to leave.
• Not to scrape, reverse engineer, decompile, or attempt to bypass rate limits or security controls.

We apply rate limits, including:

• 30 RSVP submissions per hour per invitation.
• 5 selfie claims per hour per User (for the face recognition claim flow).

Face-recognition acceptable use

Face recognition on the Service operates in two distinct flows, each with its own consent model.

(i) Bulk indexing of photos uploaded for your event.As a Couple, before enabling face recognition (Smart Photo Groups) for your event, you confirm that you have obtained — or will obtain before any guest's face is indexed — the explicit consent of each guest whose face will be processed, in a manner that satisfies GDPR Art. 9(2)(a). The default and recommended form is recorded written or electronic per-guest consent (e.g. RSVP form checkbox, written registration, electronic signature). Verbal consent or a physical sign at the venue is permitted only where you can record sufficient evidence of who consented. GDPR Art. 7(1) puts the burden on you to demonstrate valid consent for each affected guest. You are solely responsible for collecting, recording and producing evidence of that consent on request, and for honouring any guest's withdrawal. We act as your processor under our DPA and do not collect this consent on your behalf.

(ii) Selfie claim flow (“find my photos”). This is a separate, opt-in feature initiated by an individual guest who has an account on the Service. The guest provides this consent through the in-product consent mechanism — both as a standing opt-in toggle in their account and as a per-action consent record on each selfie they submit, intended to satisfy GDPR Art. 9(2)(a).

6. Licence you grant us over your content

You keep ownership of all content you upload (photos, videos, invitation text, guest list entries, customer reviews). To operate the Service, you grant us a non-exclusive, royalty-free, worldwide licence strictly limited to: storing, transcoding, resizing, thumbnailing, indexing for face recognition (where you opt in), archiving for disaster recovery, displaying reviews on partner public profiles, and delivering your content via CloudFront signed URLs to the people you authorise.

We will not:

• Use your content for marketing.
• Train AI models on your content.
• Sell your content to third parties.

This licence ends when you delete the content or your account, subject to the 30-day photo retention window and the 90-day soft-delete cascade described in the Privacy Policy.

7. Accounts and roles

The Service uses a two-role technical model: USER and ADMIN. Personas such as couple, photographer, partner or guest are layered on top of these two roles through per-event memberships and feature flags — they are not separate account types. A Partner is a USER flagged through the partner onboarding flow and granted access to the partner public profile and partner conversation channel features. Administrative access is limited to the small number of Imago Club SRL personnel who hold the ADMIN role and is subject to the audit log.

Federated account auto-link. When you sign in via Google or Facebook with an email address that already has a native ImagoMoments account (created with email and password), the federated identity is automatically linked to that existing native account by a server-side process. The result is a single ImagoMoments account that may be reached via the original email and password and via the federated provider. This auto-link is performed without an interactive disambiguation step. If you believe an account has been linked in error, contact privacy@imagomoments.ro so we can review and, where appropriate, separate the identities.

8. Plans, billing and pricing

Imago Club SRL is registered for VAT in Romania (VAT number RO17715050). All prices displayed on the Service include VAT at the rate applicable under Romanian law. Billing is currently in preview. Only a mock payment provider is enabled, and no real charges occur. When a real payment provider is enabled we will update this section with payment provider details, and we will give 14 days' advance notice before any real charging starts.

When real payments are enabled, we will display an order summary, clearly identify the order button as a binding “place order with obligation to pay”, and send an order confirmation by email.

9. Your 14-day right of withdrawal

If you are a consumer (a natural person acting outside your trade, business or profession) you have a 14-day right of withdrawal from the conclusion of the contract for the digital service, under OUG 34/2014 transposing Directive 2011/83/EU.

You may exercise this right by sending an unambiguous written statement to contact@imagomoments.ro, or by using the model withdrawal form in Annex A below.

If we fail to provide the pre-contractual information required by OUG 34/2014 Art. 6, the withdrawal period is extended to 12 months.

Service-contract waiver — OUG 34/2014 Art. 16 lit. a. The Service is a service (digital service contract), not the once-off supply of digital content delivered on a tangible medium. The applicable carve-out from the right of withdrawal is therefore OUG 34/2014 Art. 16 lit. a, which removes the withdrawal right for a service contract after the service has been fully performed, where:

1. Performance began with your prior express consent, and
2. You acknowledged in advance that once the contract has been fully performed by us, you will have lost your right of withdrawal.

Two clarifications are critical:

• Art. 16 lit. a only removes the withdrawal right after the service is fully performed. It does notextinguish the withdrawal right at the moment the service “began”. Until the service is fully performed, you retain the right of withdrawal subject to a pro-rata fee for the part of the service we have already performed (in proportion to the total contract).
• The pre-contractual consent and acknowledgement must be specifically captured at checkout. Until that checkout-UI mechanism is wired, the Art. 16 lit. a waiver is not operative for ImagoMoments and the full 14-day right of withdrawal applies to all consumer plans.

Working definitions applied to ImagoMoments:

• “Service began” — the moment after which the pro-rata fee mechanism applies (no longer a full refund). For ImagoMoments this is the first invitation publish for the event, because it is the first irreversible delivery of value to the Couple.
• “Service fully performed” — the moment after which the Art. 16 lit. a waiver removes the withdrawal right entirely. For ImagoMoments this is the end of the event date, because the per-event plan model treats the event itself as the deliverable.

The pro-rata fee calculation defaults to the statutory baseline under OUG 34/2014 (proportional to the part already performed).

Refunds are issued via the original payment method within 14 days of receipt of your withdrawal notice.

10. Notice and action for illegal content (DSA)

Imago Club SRL is established in the European Union and provides hosting services and a platform that disseminates user-generated content to the public. Under Regulation (EU) 2022/2065 (the Digital Services Act, “DSA”), we are designated as an online platform on the basis of (i) customer reviews on partner public profiles and (ii) partner public profiles themselves — both surfaces disseminate user-generated information to the public. Album share tokens are scoped, revocable third-party access tokens and are not a basis for the online-platform designation, because they do not disseminate information to the public. We are not designated as a Very Large Online Platform (VLOP).

10.1. Micro/small enterprise exemption (DSA Art. 19)

At present, Imago Club SRL qualifies as a micro or small enterprise within the meaning of Recommendation 2003/361/EC (fewer than 50 staff and annual turnover and/or annual balance-sheet total not exceeding EUR 10 million). Under DSA Art. 19, we are therefore exempt from the obligations in Arts. 20 to 28, with the sole exception of Art. 24(3), within DSA Chapter III Section 3 only. Other laws — UCPD (as amended by Omnibus Directive 2019/2161), GDPR, ePrivacy and Romanian consumer law — continue to regulate dark patterns, advertising practices, recommender-system transparency, processing of minors' data and online interface design, and we comply with those laws independently of the Art. 19 exemption.

Within DSA Chapter III Section 3, the Art. 19 exemption removes the following obligations:

• Internal complaint-handling system (Art. 20).
• Out-of-court dispute settlement (Art. 21).
• Trusted flaggers (Art. 22).
• Measures and protection against misuse (Art. 23).
• Transparency reporting under Art. 24(1) and (2).
• Submission to the DSA Transparency Database under Art. 24(5).
• Online interface design and organisation rules (Art. 25).
• Advertising-on-online-platforms transparency (Art. 26).
• Recommender-system transparency (Art. 27).
• Online protection of minors regime (Art. 28).

Art. 24(3) remains. Art. 24(3) is a request-response duty: providers of online platforms must communicate the average monthly active recipients of their service in the European Union to the Digital Services Coordinator of establishment and to the European Commission on request, without undue delay. Romania designated ANCOM (Autoritatea Națională pentru Administrare și Reglementare în Comunicații) as the Digital Services Coordinator under Law no. 50/2024 implementing DSA Art. 49. We maintain an internal procedure to compute and report this figure on demand.

Art. 15 transparency reports. The annual transparency-reporting obligation under Art. 15 falls away separately for micro/small enterprises under Art. 15(2).

Transition rule. If we cease to qualify as a micro/small enterprise, we retain the Art. 19 exemption for 12 months after ceasing to qualify; at the end of the transition, Arts. 20–28 begin to apply and we will update this §10 accordingly.

10.2. Contact points (DSA Arts. 11 and 12)

These obligations apply regardless of size:

• Single point of contact for Member State authorities, the Commission and the Board (Art. 11): dsa-contact@imagomoments.ro. The contact accepts communications in Romanian and English.
• Single point of contact for recipients of the Service (Art. 12): dsa-contact@imagomoments.ro. Recipients may also use the per-UI-surface report links available next to each customer review, each guest album upload, and each public invitation, which route to the same contact.

10.3. Notice and action mechanism (DSA Art. 16)

If you consider that specific information hosted by us is illegal content, you may submit a notice to dsa-contact@imagomoments.ro (or via the per-UI-surface report links). Under Art. 16(2), your notice should include the following elements so we can act on it:

1. A sufficiently substantiated explanation of the reasons why you allege the information is illegal.
2. A clear indication of the exact electronic location of the information (in particular the exact URL or URLs and, where necessary, additional information enabling identification of the content).
3. Your name and email address, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (sexual abuse and sexual exploitation of children and child pornography), where your details are not required.
4. A statement confirming the bona fide belief of the person submitting the notice that the information and allegations contained therein are accurate and complete.

Notices that contain elements (a) through (d) give us actual knowledge or awareness of the relevant content for the purposes of the Art. 6 hosting-provider liability shield.

10.4. Statement of reasons (DSA Art. 17)

Where we restrict the visibility of, demote, suspend, terminate, or otherwise act against information you provided as a recipient of the Service, Art. 17 requires us to provide you with a clear and specific statement of reasons. In the ImagoMoments context, this typically applies to: a customer review removed; a guest album upload rejected; a partner public profile suspended; an account suspended or terminated; visibility restricted on a partner profile or review.

Our statements of reasons cover the six elements at Art. 17(3)(a) through (f):

1. The type of restriction or other measure (removal, disabling access, demotion, visibility restriction, suspension or termination of monetary payments related to the information, or other measures referred to in Art. 17(1)) and, where relevant, its territorial scope and duration.
2. The facts and circumstances relied on in taking the decision, including (where relevant) whether the decision was taken pursuant to an Art. 16 notice or on voluntary own-initiative investigation, and where strictly necessary, the identity of the notifier.
3. Where applicable, information on the use of automated means in taking the decision.
4. Where the decision concerns allegedly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered illegal on that ground.
5. Where the decision is based on alleged incompatibility with these Terms, a reference to the contractual ground relied on and explanations as to why the information is considered incompatible with that ground.
6. Clear, user-friendly information on the possibilities for redress (internal complaint-handling, out-of-court dispute settlement and judicial redress, as applicable).

Three caveats narrow the Art. 17 obligation in practice:

• Known electronic contact details requirement. The Art. 17 statement-of-reasons obligation only applies where we know the relevant electronic contact details of the affected recipient. For guest album uploads via album-share-token flows or other paths where no verified email route exists, the Art. 17 obligation does not apply (we still surface the action in-product as a matter of best practice).
• Deceptive high-volume commercial content (Art. 17(2), second subparagraph). The Art. 17(1) statement-of-reasons obligation does not apply to manifestly illegal deceptive commercial content disseminated in high volume, per the Art. 17(2) second-subparagraph carve-out.
• Art. 9 orders. Where we act pursuant to a DSA Art. 9 order to act against illegal content issued by a national judicial or administrative authority, Art. 17 does not apply. Instead, Art. 9(5) governs: at the latest at the time effect is given to the order, we inform the affected recipient of the order, the effect given, the reasons, the redress possibilities and the territorial scope. Lawful delay may apply where the order itself prohibits temporary disclosure for law-enforcement reasons under Art. 9(2).

Art. 17 covers content/account/service restrictions imposed on a recipient. It does not apply to consumer checkout payment refusals, because the Service does not pay Users or Partners for hosted content.

10.5. ANPC SAL (consumer dispute resolution)

For out-of-court resolution of consumer disputes (as distinct from the DSA notice-and-action route above), Romanian consumers may use the ANPC SAL portal at https://anpc.ro/ce-este-sal/.

11. Customer reviews and user-generated content

Customer reviews on partner public profiles are a regulated form of user-generated content. We disclose the following so that Users and Partners know how reviews are sourced and verified.

11.1. Verification disclosure (UCPD as amended by Omnibus Directive 2019/2161)

All reviews displayed on partner profiles originate from registered ImagoMoments users who completed a partner conversation through the in-app messaging channel. Reviews from users who did not first contact the partner through the platform are not accepted. We do not pay for reviews and we do not solicit positive reviews. Moderation is applied to all reviews per the criteria below.

This disclosure satisfies the UCPD (Unfair Commercial Practices Directive 2005/29/EC) obligations as amended by Omnibus Directive 2019/2161 for traders that publish consumer reviews. The disclosure is also surfaced on the public review UI.

11.2. Who may submit a review

Only registered ImagoMoments Users who have completed a Partner conversation through the in-app messaging channel may submit a review of that Partner.

11.3. Edit window

After a review is published, the author has a 24-hour edit window to make corrections. After the edit window closes, the review is final, subject to moderation and removal under §11.5.

11.4. Partner and User conduct on reviews

Partners agree:

• Not to solicit, post, or pay for fake or incentivised reviews of their own profile.
• To answer review responses honestly, without disclosing third-party private data.
• Not to attempt to game review moderation or visibility through manipulation.

Partners have the right to respond publicly to a review on their profile, subject to the same conduct rules.

Users submitting a review agree:

• To submit only reviews that reflect their genuine experience with the Partner.
• Not to submit reviews they have been paid or otherwise incentivised to leave.

11.5. Moderation and removal

We may remove a review (and provide a statement of reasons under §10.4 above where Art. 17 applies) where the review:

• Violates these Terms.
• Contains defamation, hate speech, or unlawful content.
• Is off-topic (not about the Partner's services).
• Is advertising or spam.
• Discloses third-party private data.
• Otherwise contains illegal content within the meaning of §10.
• Does not meet the verification criteria in §11.1 above.

12. Warranties

The Service is provided “as is” to the maximum extent permitted by applicable law. This §12 does not exclude or limit any non-waivable warranties under Romanian consumer law, including the digital-content and digital-service conformity rights under OUG 141/2021 (transposing Directive (EU) 2019/770 on contracts for the supply of digital content and digital services).

13. Limits on our liability

Nothing in these Terms excludes or limits our liability for:

• Wilful misconduct (dol) or gross negligence (culpă gravă).
• Death or personal injury caused by our negligence.
• Any liability that cannot be excluded under mandatory Romanian law.

Subject to the foregoing and to mandatory consumer protection rules, our aggregate liability for all other damages arising out of or in connection with these Terms or the Service is limited to the greater of (i) the amount you actually paid us in the 12 months immediately preceding the event giving rise to the claim, and (ii) EUR 100.

14. Indemnification

You agree to indemnify and hold us harmless from any third-party claim, including reasonable legal costs, arising out of content you upload that violates third-party rights, subject to mandatory consumer protection rules.

15. Termination

You may delete your account at any time from the dashboard. Account deletion is implemented as a soft delete: your account is marked deleted immediately, and the retention worker hard-deletes the underlying records 90 days later. Unverified accounts are purged at 7 days.

We may suspend or terminate your account for material breach of these Terms, with at least 14 days' written notice and an opportunity to cure, except where immediate suspension is necessary to prevent harm to other Users or to the Service. Where §10.4 applies, we will provide a statement of reasons.

16. Governing law and disputes

These Terms are governed by Romanian law. Subject to mandatory consumer protection rules, the courts of Cluj-Napoca, Romania have exclusive jurisdiction over any dispute. If you are a Romanian consumer, nothing in this clause affects your statutory right to bring proceedings in the courts of your domicile.

For out-of-court resolution of consumer disputes you may use the ANPC SAL alternative dispute resolution portal — https://anpc.ro/ce-este-sal/.

17. Changes to these Terms

We will publish updates to these Terms at this URL. Material changes will be reflected in the “Last updated” date and version. We aim to provide advance notice of material changes when we have an in-app mechanism to do so.

18. Contact

• General: contact@imagomoments.ro
• Privacy and data subject rights: privacy@imagomoments.ro
• DSA (recipients, authorities, Commission, Board): dsa-contact@imagomoments.ro
• Postal: Imago Club SRL, Str. Patriciu Barbu, Nr. 37, 400057 Cluj-Napoca, jud. Cluj, Romania

Language

In case of any conflict between the Romanian and English versions of this document, the Romanian version prevails for all consumers domiciled in Romania.

Annex A: Withdrawal form template

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

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

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

Annex B: Data Processing Agreement (summary)

When you use ImagoMoments for a private event, you act as the controller of your guest data (guest list, RSVPs, photos) and we act as your processor under GDPR Art. 28. A full Data Processing Agreement is available on request at privacy@imagomoments.ro.