Terms of Service

1. Scope

These Terms of Service apply to the use of the Ever.Photos platform ("Service"), including the mobile apps, the web application, and all related features and services. By registering for or using Ever.Photos, you agree to these Terms of Service.

2. Description of services

Ever.Photos allows users to store, organize, and view digital photos, albums ("Experiences" or "Memories"), and shared content with other people.

The service includes:

- uploading, storing, and sharing images,
- creating and managing invitations to shared albums,
- synchronization and backup through Google Firebase (cloud backend),
- optional social features (comments, likes, or similar).

There is no claim to any specific availability or functionality. We may extend, change, or discontinue features at any time.

3. Registration and account

1. An account is required to use Ever.Photos. Registration can be completed using an email address, social login (e.g., Google, Apple), or other authentication methods we provide.

2. Users must be at least 16 years old or have the consent of their legal guardians.

3. Login credentials must be kept confidential. Sharing them with third parties is not permitted.

4. We reserve the right to suspend or delete accounts that violate these terms or applicable law.

4. User content

1. You retain all rights to the content you upload (photos, text, videos, etc.). By uploading, you grant us a non-exclusive, worldwide, royalty-free license to store, process, secure, and display the content for the purpose of providing the service.

2. You are solely responsible for the content you upload or share, in particular for ensuring that no rights of third parties (e.g., copyrights, privacy rights) are violated.

3. Ever.Photos does not pre-screen content. If we become aware of unlawful content, we reserve the right to delete or block it.

4. It is strictly prohibited to upload or distribute unlawful content; such content will be removed upon notice and may lead to further action.

5. Privacy

The protection of your personal data is important to us. Processing is carried out in accordance with the Ever.Photos Privacy Policy, which forms part of these Terms of Service.

Data is stored and processed via Google Firebase. Data may be processed in data centers outside the EU (e.g., in the USA). We ensure that suitable data protection safeguards under Art. 46 GDPR (e.g., EU standard contractual clauses) are applied.

6. Conduct rules

The use of Ever.Photos is permitted only for lawful purposes. In particular, the following is prohibited:

- uploading or sharing content that violates laws, third-party rights, or common decency,
- misuse of the platform for advertising, spam, or commercial purposes,
- circumventing technical protection mechanisms,
- collecting or automatically extracting data from other users.

7. Availability and liability

1. We strive for high availability of the service but cannot guarantee uninterrupted or error-free use.

2. We are only liable for damages caused intentionally or by gross negligence.

3. We are not liable, to the extent permitted by law, for data loss or damages caused by third parties (e.g., internet providers, cloud providers, or technical errors).

8. Changes to the service

We reserve the right to modify, extend, or restrict the service or these Terms of Service at any time. We will inform users of material changes in good time via in-app notification or email. Continued use of the service after the changes take effect constitutes acceptance.

9. Term and termination

1. You may delete your user account at any time without notice via the account settings.

2. We may delete accounts that have been inactive for an extended period or that violate these terms.

3. After deletion, stored data will be removed within a reasonable period unless legal retention obligations apply.

10. Governing law and venue

These Terms of Service are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. Where legally permissible, the court of Wels (Austria) shall have jurisdiction.

11. Contact

For questions about these Terms of Service:
abventure GmbH
Email: hello@ever.photos
Web: https://ever.photos