Not a Moment Lost!

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Terms & Conditions

1. Introduction

Not a Moment Lost is a service operated and provided by KP Photography (“Company”, “we”, “our”, “us”).

All contracts, payments, and legal responsibilities related to the Service are handled by the Company.

These Terms and Conditions (“Terms”) govern the use of the website and services provided by Not a Moment Lost.

By purchasing or using our services, you agree to be legally bound by these Terms.

If you do not agree, you must not use the service.

2. Description of the Service

Not a Moment Lost provides an online gallery service that allows event hosts to collect photos and videos from their guests via QR code and upload link.

The service is designed exclusively for social events, such as:

  • Weddings

  • Baptisms

  • Parties

  • Corporate or private events

The service is not a social network, file hosting platform, or general cloud storage service.

3. Eligibility & Account Responsibility

The person purchasing the service (“Customer”) is the sole administrator of the gallery.

The Customer is fully responsible for:

  • The use of the gallery

  • The distribution of the QR code or upload link

  • Informing guests about how the service works

  • Ensuring lawful use of the gallery

3.1. Access, Viewing, Download Rights and Content Control

Access to each event gallery is governed by the service plan selected at the time of purchase.

Under the Basic Plan, any individual who scans or otherwise accesses the event QR code or direct gallery link may upload, view, and download shared photos and videos in full resolution without restriction.

Under the Privacy Upgrade, any individual who scans or otherwise accesses the event QR code or direct gallery link may upload and view shared photos and videos. Downloading files in full resolution requires a private access code provided exclusively to the event organizer (the “Host”). The Host bears sole responsibility for distributing, safeguarding, or withholding such access code. Not a Moment Lost! shall not be liable for any unauthorized access, download, or distribution resulting from the Host’s sharing or failure to adequately protect the access code.

Irrespective of the selected plan, any person who gains access to the gallery content may technically capture, reproduce, or store visual material through means outside the platform’s control, including but not limited to screenshots, screen recordings, or third-party software. Not a Moment Lost! cannot and does not guarantee the prevention of such actions.

Under no circumstances may users delete, alter, edit, or remove content uploaded by other participants. For technical integrity and transparency reasons, deletion rights are not granted to guests or to the Host. Content removal, if deemed necessary, remains solely at the discretion of Not a Moment Lost! in accordance with applicable laws and these Terms.

4. Role of the Company

The Company:

  • Does not pre-screen, monitor, edit or approve uploaded content.

  • Acts solely as a technical hosting provider.

  • Has no control over the content uploaded by users.

All photos and videos are uploaded directly by the Customer’s guests or event participants.

5. User Generated Content

The Customer acknowledges and agrees that:

  1. All content uploaded to the gallery is User Generated Content (UGC).

  2. The Customer is fully and exclusively responsible for all content uploaded by guests.

  3. The Customer must inform guests that:

    • They are uploading content voluntarily.

    • They must have the rights and permissions to upload the content.

    • They must not upload illegal or infringing material.

The Company bears no responsibility for the content uploaded by guests.

6. Copyright & Intellectual Property

By using the service, the Customer guarantees that:

  • Guests uploading content own the rights to the material, OR

  • Have obtained all necessary permissions from the rights holders.

The Company shall not be liable for any:

  • Copyright infringement

  • Trademark infringement

  • Privacy violations

  • Image rights violations

caused by uploaded content.

7. Illegal or Prohibited Content

The gallery must not be used to upload, store, or distribute content that is:

  • Illegal under EU or international law

  • Pornographic or sexually explicit

  • Violent or abusive

  • Defamatory or harassing

  • Racist, hateful, or discriminatory

  • Involving minors in inappropriate context

  • Infringing intellectual property rights

  • Malware, spam, or harmful material

The Company reserves the right to remove content or suspend the service immediately without notice if misuse is detected.

8. Limitation of Use – Event Purpose Only

The service may only be used to collect photos and videos from social events.

The Customer agrees not to use the service for:

  • Commercial file hosting

  • Long-term storage

  • Marketing campaigns

  • Advertising distribution

  • Cloud backup

  • Social media platform alternatives

Misuse may result in termination of the service without refund.

9. Indemnification

The Customer agrees to fully indemnify and hold harmless the Company from any claims, damages, losses, liabilities, legal fees, or expenses arising from:

  • Content uploaded by guests

  • Copyright or privacy violations

  • Illegal content

  • Misuse of the service

  • Failure to inform guests about their responsibilities

This clause remains valid even after the service ends.

10. Notice & Takedown Policy

If we receive a complaint regarding uploaded content, we may:

  • Remove the content immediately

  • Suspend access to the gallery

  • Terminate the service

We are not obligated to investigate disputes between users.

11. Service Availability & Data Retention

The gallery is provided for a limited hosting period, as stated during purchase.

After the retention period ends:

  • The gallery may be permanently deleted.

  • The Company is not responsible for lost content after deletion.

Customers are responsible for downloading their files before expiration.

12. Third-Party Hosting & Infrastructure

The Service relies on third-party infrastructure providers for storage, delivery, and technical operation of the galleries.

Media files uploaded to the galleries are hosted and delivered via SmugMug, a professional photo and video hosting platform.

By using the Service, the Customer acknowledges and agrees that:

  • Uploaded content may be stored and processed on servers operated by third-party providers.

  • The Company does not control the infrastructure or uptime of these providers.

  • The Company shall not be liable for service interruptions, data loss, or technical failures caused by third-party hosting providers.

SmugMug acts as a data processor/sub-processor for the purpose of providing secure media hosting.

13. Payments & Payment Providers

All purchases are digital services and are non-refundable once the gallery has been created and delivered.

Payments for the Service are processed via trusted third-party payment providers, including:

  • Viva Wallet (Smart Checkout)

  • PayPal

By purchasing the Service, the Customer agrees that:

  • Payments are securely processed by these providers.

  • The Company does not store full payment card details.

  • Transactions are subject to the terms and security practices of the payment providers.

The Company is not responsible for:

  • Payment processing errors

  • Banking or card authorization issues

  • Technical failures of payment providers

14. Limitation of Liability

To the maximum extent permitted by law, the Company shall not be liable for:

  • Uploaded content

  • Loss of data

  • Service interruptions

  • Third-party actions

  • Indirect or consequential damages

Our total liability shall never exceed the amount paid for the service.

15. Customer Communications & Email Notifications

The Company uses third-party email communication providers to deliver essential service notifications and optional marketing communications, including Brevo.

15.1. Service Emails (Essential Communications)

By purchasing the service, the Customer agrees to receive essential operational emails related to the gallery, including:

  • Gallery creation confirmation

  • Service updates

  • Expiration reminders

  • Instructions for downloading gallery content

Customers are automatically added to a Gallery Service Notification List.

These emails are necessary for the proper delivery of the service, especially reminders sent during the final 3 weeks before gallery expiration.

Customers may unsubscribe from these emails; however, the Company shall not be responsible if the Customer fails to receive important service notices after unsubscribing.

15.2. Marketing Communications

Customers may also be added to a Marketing Email List to receive:

  • Special offers

  • New features

  • Service updates

  • Promotions

Customers may unsubscribe from marketing emails at any time using the unsubscribe link included in every message.

Unsubscribing from marketing emails will not affect essential service communications.

15.3. Third-Party Email Processing

Email communications are processed via trusted third-party providers.

By using the service, the Customer acknowledges that email addresses may be processed by such providers solely for the purposes described above.

16. Cookies

Our website uses cookies and similar technologies to ensure proper functionality, security, and performance.

By using the website, users acknowledge the use of cookies as described in our Cookie Policy.

The Cookie Policy forms an integral part of these Terms and is available on the website.

17. Privacy & GDPR

Personal data is processed in accordance with our Privacy Policy and EU GDPR regulations.

The Customer is responsible for informing guests that their uploaded content and metadata may be processed and stored by the service.

18. Language of Communication

The official language of communication of the Service is English.

By using the Service, the Customer agrees that:

  • All official communication, documentation, and support are provided in English.

  • Any communication received in other languages may be translated using automated or AI-based translation tools.

While we make reasonable efforts to provide accurate translations, we do not guarantee the accuracy or completeness of automated translations.

In case of any discrepancy, misunderstanding, or dispute, the English version of all communications and legal documents shall prevail.

19. Termination

We may terminate or suspend the service at any time if the Terms are violated.

20. Governing Law

These Terms are governed by the laws of the European Union and the applicable national laws of the Company’s country of operation Γρεεψε.

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