Terms and Conditions

1. Introductory provisions

The Fotomenti service is provided by INTELLOPE, s.r.o., registered office at Kutuzovova 17, 831 03 Bratislava – mestská časť Nové Mesto, Slovak Republic, company ID (IČO): 51047021, tax ID (DIČ): 2120583740, VAT ID: SK2120583740, registered in the Commercial Register of the Municipal Court Bratislava III (the “provider”, “we” or “us”).

Our contact email for questions, orders, complaints and content notices is [email protected].

These terms and conditions (the “terms”) form an integral part of every contract concluded between the provider and a customer via the fotomenti.com website. Any different arrangements agreed in a written contract take precedence over these terms.

2. Definitions

Service – the Fotomenti online service for collecting photos and videos from event guests (for example weddings, parties, corporate events including Christmas parties, conferences and presentations).

Customer – a natural or legal person who orders and pays for a package, credit or gift voucher. Consumer – a customer who is a natural person acting outside their trade, business or profession.

Organiser – the customer or a person authorised by them who creates and manages an event in the service. Co-organiser – an additional user whom the organiser adds to an event by email address.

Guest – a person who uploads photos and videos via the event’s QR code or link. Event – an event page in the service with its own QR code and link. Content – photos, videos and related data uploaded to an event.

3. Description of the service

The organiser buys a package or credit and receives an event page with a QR code and link to share with guests.

After scanning the QR code or opening the link, guests enter their name (no account required) and upload photos (JPG, PNG, HEIC up to 200 MB) and videos (MP4, MOV up to 1 GB) in original quality. Files are automatically organised into a separate folder for each guest.

The organiser can download all content as a ZIP archive. The organiser decides whether guests see only their own uploads or all photos of the event, and whether guests may download them.

Guests may optionally create a guest account (first name, last name, email, password) to view their uploads. A guest sign-in session lasts no more than 48 hours.

Features, limits and the content storage period depend on the chosen package or credit, as shown on the website at the time of the order.

4. Organiser account

An organiser account is required to order and manage an event. Sign-in works with a one-time verification code sent by email, or with a password if the user has set one.

The organiser can add other users (co-organisers) to an event by entering their email address. The organiser is responsible for the actions of co-organisers within the event.

The customer must provide true, complete and up-to-date billing details (individual or company, country, address and, where applicable, company ID and VAT ID). The customer bears the consequences of incorrect details.

Users must keep access to their email and account secure and notify us without undue delay of any suspected misuse.

5. Ordering and conclusion of the contract

On the website, the customer chooses a package, a custom package put together in the calculator, prepaid credit or a gift voucher, fills in the required details and submits an order with an obligation to pay.

The contract is concluded once payment has been successfully completed. We send the order confirmation and tax document to the customer’s email.

The contract is concluded in Slovak, Italian or English, depending on the language selected on the website. It is archived electronically and remains available to the customer through the confirmation email and their account.

6. Prices, VAT and invoicing

Prices are one-off and relate to a specific event. Prices shown on the website are final prices including VAT (Slovak VAT rate of 23 %).

Business customers from other EU member states with a valid VAT ID verified in the VIES system are invoiced without VAT under the reverse charge mechanism.

Customers outside the EU (e.g. in the USA) are invoiced without Slovak VAT, as the place of supply is outside the EU. Such customers are responsible for any local taxes that may apply to them (e.g. US sales tax or use tax).

Invoices are issued electronically after payment and sent to the customer’s email.

7. Payment terms

Card payments are processed by Stripe (Stripe Payments Europe, Ltd., Ireland). We do not process or store card details; they are entered directly with Stripe.

Payment by bank transfer is possible by prior agreement. In that case, the service is made available once the payment has been credited to our account.

8. Credit (pay-as-you-go) and guest contributions

With prepaid credit, actual usage is charged to the event’s credit as it occurs: the number of guests who uploaded content, the number of photos and the minutes of video, according to the current price list.

We notify the organiser by email when 80 % and 100 % of the credit has been used. Once the credit is exhausted, a 10 % reserve is available; after that, uploads stop until the organiser tops up the credit.

Guests may voluntarily contribute money to an event’s credit. Contributions are voluntary and do not entitle the guest to any performance from the provider.

After the event, unused credit is, at the customer’s choice, refunded to the payer’s card or kept as credit on their account. Guest contributions are not refunded to guests; any unused portion originating from contributions is added as credit to the organiser’s account.

Credit includes content storage for 1 month after the end of the event; storage can be extended month by month from the credit.

9. Gift vouchers

A package or credit can be bought as a gift. The buyer receives a voucher code to pass on to the recipient.

The voucher code is valid for 12 months from purchase, can be used only once and cannot be exchanged for cash. The code expires at the end of its validity.

10. Start of the service and right of withdrawal

Under Slovak Act No. 108/2024 Coll. on consumer protection and Directive 2011/83/EU, consumers have the right to withdraw from a distance contract without giving any reason within 14 days of its conclusion.

The service is digital and becomes available immediately after payment. Before submitting the order, the consumer therefore gives express consent for the service to begin before the withdrawal period ends and acknowledges that they lose the right of withdrawal once the service has been fully provided. We confirm this consent and acknowledgement by email.

If a consumer withdraws after the service has started but before it has been fully provided, they must pay an amount proportionate to what was provided up to the moment of withdrawal; we refund the remainder within 14 days using the same payment method.

Withdrawal can be notified by any clear statement sent to [email protected], stating for example the order number, name and email.

Customers who are not consumers do not have the right of withdrawal under this section.

11. Storage and deletion of content

Event content is stored for the period chosen in the package (from 7 days to 12 months after the end of the event); with credit, for 1 month with the option to extend.

We remind the organiser by email 7 days and 2 days before deletion. When the storage period ends, files are deleted automatically and irreversibly and cannot be recovered.

The event record and aggregate statistics may be kept after the files have been deleted.

The customer and organiser are responsible for downloading content in time. The service is not intended for long-term archiving and is not a substitute for backups.

12. Obligations of organisers and guests

The organiser warrants that they are entitled to share the event’s link and QR code, and informs guests appropriately about the collection of photos and videos and who will have access to them.

The organiser is responsible for the event’s visibility and download settings and for how they use the content after downloading it.

It is prohibited to upload or share content that is illegal, infringes the rights of others (in particular copyright and privacy), is defamatory, violent, hateful or pornographic, depicts minors inappropriately, or contains malicious code.

It is prohibited to misuse or overload the service, circumvent its technical limits, or use it for purposes other than collecting content from events.

13. Copyright and licence to content

Copyright in photos and videos remains with their authors (usually the guests). The provider claims no ownership rights in the content.

By uploading content, the guest grants the organiser and the provider a non-exclusive, royalty-free licence to the extent necessary to operate the service: to store the content, process it (including creating previews and thumbnails) and make it available to the organiser and, if the organiser enables this, to other guests of the event.

By uploading content, the guest confirms that they are its author or have the necessary permission to upload it.

14. Illegal content and notices

When storing content, the provider acts as a hosting service provider within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act). We do not review content in advance.

Anyone can report illegal content to [email protected]. A notice should include a link to the event or file, an explanation of why the content is considered illegal, and the contact details of the person submitting it.

The provider may remove or disable access to content that is illegal or breaches these terms and, in serious cases, restrict or terminate access to the service. Where possible, we inform the person concerned of our decision and the reasons for it.

15. Service availability and liability

We make reasonable efforts to keep the service continuously available, but we do not guarantee error-free or uninterrupted operation. Availability may be temporarily limited due to maintenance, updates or circumstances beyond our control.

The quality and success of uploads also depend on guests’ devices and internet connections, for which the provider is not responsible.

To the extent permitted by law, the provider is not liable for lost profits, indirect damage or loss of content that the customer did not download in time, and the provider’s total liability is limited to the price paid for the event concerned.

These limitations do not apply to damage caused intentionally or through gross negligence, to personal injury, or to other cases where the law does not allow liability to be limited, and they do not affect consumers’ statutory rights.

16. Complaints and dispute resolution

Please send complaints about the service to [email protected] with a description of the problem and the order number or event name. We handle complaints without undue delay and no later than 30 days after receipt.

If a consumer is not satisfied with how a complaint was handled or believes we have violated their rights, they may ask us for redress. If we reject the request or do not reply within 30 days, they may file a proposal for alternative dispute resolution.

The alternative dispute resolution body for consumer disputes is the Slovak Trade Inspection (Slovenská obchodná inšpekcia, www.soi.sk), or another authorised entity listed by the Ministry of Economy of the Slovak Republic.

The supervisory authority is the Slovak Trade Inspection, Inšpektorát SOI pre Bratislavský kraj, Bajkalská 21/A, 827 99 Bratislava.

17. Personal data and cookies

The processing of personal data is governed by our Privacy Policy and the use of cookies by our Cookie Policy, both published at fotomenti.com.

The service is not directed to children under 16.

18. Governing law and final provisions

Contractual relationships are governed by the laws of the Slovak Republic. However, consumers do not lose the protection afforded to them by the mandatory provisions of the law of their country of habitual residence.

The contract is governed by Slovak law also for customers from the USA and other countries outside the EU. Disclaimers and limitations of liability apply to the extent permitted by applicable law and, where that law allows, disputes are resolved on an individual basis and not as part of a class or representative action.

The provider may reasonably amend these terms. We will notify registered customers of material changes in advance. Contracts concluded before a change remain subject to the terms in force when they were concluded.

If any provision of these terms is found invalid or unenforceable, the remaining provisions remain in effect.