TERMS AND CONDITIONS

These Terms and Conditions govern the use of the cloudofmemories.ro platform, an online service for storing and sharing photos and videos for private events (such as weddings, baptisms, trips, etc.). By accessing and using the platform, you accept and agree to comply with these Terms and Conditions. If you do not agree with these terms, please do not use the platform.

1. GENERAL PROVISIONS

1.1 Access to the Platform

The platform may be used by any person who is at least 18 years old or has reached the age of majority in their state or territory of residence (if this is higher than 18 years old) and who agrees to these Terms and Conditions. Individuals under the age of 18 or below the legal age of majority in their place of residence may use the platform only with the consent and under the supervision of a responsible adult.
By using the website, accessing, or purchasing any products or services, you guarantee that:
• You have reached the age of majority in your jurisdiction;
• You have the legal capacity to enter into a legally binding contract;
• You have read, accepted, and agree to comply with these Terms and Conditions.

1.2. Definitions

• Platform: The cloudofmemories.ro website and its applications on subdomains such as family.cloudofmemories.ro, celebration.cloudofmemories.ro, corporate.cloudofmemories.ro, or vacation.cloudofmemories.ro.
• Product: The entirety of functionalities offered through the cloudofmemories.ro website.
• Services: The entirety of functionalities purchased by a client through one or more packages.
• Website: The multimedia web page cloudofmemories.ro, managed as applicable by the service owner or by the organizer.
• Owner: The commercial company Digital Garden Global Network S.R.L.
• Organizer: The individual or legal entity that becomes a client by purchasing a package of functionalities and gains access to manage an event defined by them through the cloudofmemories.ro product.
• Package: A group of functionalities purchased by the client for use on the cloudofmemories.ro website.
• Client: The individual or legal entity that purchases a predefined package or customized packages for use on the platform.
• Event: The totality of data entered by an organizer to define a gathering of multiple people.
• Content: Any photo, video, multimedia material, or text uploaded to the platform.
• Account: The electronic service provided to an organizer after purchasing a package of functionalities of the cloudofmemories.ro product.
• Document: The terms and conditions, including special terms and conditions, that can be accessed by the user at any time.
• Company: (hereinafter referred to as the “Company,” “We,” “Us,” or “Our” in this document) refers to S.C. Digital Garden Global Network S.R.L.
• Distance Contract: A contract concluded through electronic means (this platform) that produces all legal effects recognized by law. The contract is considered concluded when a client selects the desired package for purchase through the platform and proceeds with the acquisition.
• Contract: A contract concluded through physical means between the owner and the client, which produces all legal effects recognized by law. The contract is considered concluded when signed in two copies by both parties.
• Device: Any device capable of accessing the platform, such as a computer, mobile phone, or digital tablet.
• User: Any person who visits the platform or uses the functionalities provided by an organizer through a link after purchasing a package and defining an event.
• Unregistered User: A user who accesses the platform but has not accessed event data or purchased a package of functionalities.
• Guest: A user who receives a connection link to an event defined by an organizer and accesses the platform through this link to use the functionalities purchased by the organizer through a package.
• Link: A URL access path that, when used in a browser, opens the platform and displays the event data to the user. This can be in the form of text or a QR code.
• Third-party Platforms: Websites that offer certain services to address specific problems or requirements of the owner.

1.2 Identification Data

The platform www.cloudofmemories.com is owned by S.C. Digital Garden Global Network S.R.L., a Romanian commercial company, headquartered in Romania, Timișoara, Tristan Tzara 17, ap. 3, registered with the Timiș Trade Register under number J35/1968/2020, with fiscal registration code RO42823924, and a share capital of 200 RON. The contact email is office@cloudofmemories.com. The company operates in accordance with the legal provisions in force in Romania.

1.3 Purpose of the Platform

The platform provides the necessary online infrastructure for uploading and storing photo, video, or text data for a limited period of 3 months from the date of the event.
The platform aims to offer event organizers the opportunity to collect photo, video, or text data from guests, which were created during the events.

1.4 Platform Services

The platform’s services can be used by any user or organizer based on a contract or a distance contract. The costs of the services provided are optimized and correlated with the number of users who will use the platform through an event made available by an organizer.
The fees charged are necessary for the sustainability of the platform, considering the costs generated in proportion to the number of users for storing data on third-party cloud platforms.

1.5 Role of the Terms and Conditions

This document contains the rules applicable to the relationships between the platform owner and users, including the conclusion and execution of contracts or distance contracts.
It is recommended to read this document carefully, as browsing this platform, whether followed by account creation or not, is considered equivalent to the reading, understanding, and express acceptance of the Terms and Conditions, as well as the Privacy Policy and Cookie Policy (included in this document). The document can be downloaded and saved by users.

1.6. Modifications and Updates

The owner reserves the right to modify and update the Terms and Conditions at any time, including, where applicable, the special terms and conditions, the Privacy Policy, the Cookie Policy, campaigns, offers, and promotions without prior notice.
The modifications/updates will automatically come into effect from the date we publish the revised version on our website.

2. RIGHTS AND OBLIGATIONS

2.1 Rights and Obligations of Unregistered Users

Unregistered users have the following rights and obligations:
• The right to view public information posted on the platform and to opt for the purchase of a package of functionalities;
• The obligation to comply with the Terms and Conditions for using the website.
2.2 Rights and Obligations of Organizers
The organizer has the following rights:
• The right to purchase a package of functionalities by accessing the web page within the platform where the package prices are displayed and completing the online form for payment via bank card;
• The right to register event data, which can occur immediately after purchasing a package and confirming the payment by completing the payment form;
• The right to send the connection link to the defined event on the platform to any guest;
• The right to add, modify, or delete event-related data, including photo, video, or text data added by guests during the event;
• The right to inform the owner of any violations of this document by users;
• The right to report platform malfunctions to the owner and request the permanent deletion of personal data from the database.
The organizer has the following obligations and responsibilities:
• The obligation to use the platform in good faith, without compromising its security or infringing upon the rights and legitimate interests of other users or the owner;
• The responsibility to ensure the validity and decency of the data uploaded to the platform during the event;
• In interactions with the owner and platform users, the organizer is required to use appropriate and respectful language;
• The obligation to comply with the provisions of this document;
• The obligation to adhere to legal provisions regarding the processing of personal data, including but not limited to ensuring that personal data of users and the owner are not stored or published without their consent, which the organizer must obtain prior to using the platform, as the platform itself has no such obligation;
• The organizer is solely responsible for the accuracy of the event data defined and the validity of the connection link sent to guests, regardless of the method of delivery;
• The organizer is committed to fully and jointly bearing the legal consequences of failing to meet their contractual obligations, which may result in penalties for the owner. The organizer must also compensate the owner for any damages incurred due to non-compliance with obligations towards users or legal provisions related to sales and/or delivery conditions;
• Any other obligations arising from this document or applicable law.

2.3 Rights and Obligations of Guests

The guest has the following rights:
• The right to view publicly available information on the cloudofmemories.ro website;
• The right to use the link received from an organizer to register for an event and to use all functionalities available within that event;
• The right to purchase a package of functionalities and subsequently define an event;
• The right to share the connection link with another guest only after obtaining approval from the organizer;
• The right to add, modify, or delete photo, video, or text data uploaded by them within the event for which they received the connection link. If such data also concerns other individuals, the guest is obligated to obtain and guarantee that they have received the express consent of those individuals before adding the data;
• The right to inform the owner of any violations of this document by the organizers;
• The right to report platform malfunctions to the organizer and the owner, and to request the permanent deletion of personal data from the database by both the organizer and the owner.
The guest has the following obligations:
• The guest is responsible for the validity and appropriateness of the data uploaded to the platform during the event;
• The guest is obligated to use the platform in good faith, without compromising its security or infringing on the rights and legitimate interests of other users or the owner;
• In interactions with the owner and the organizer, the guest is required to use appropriate and respectful language;
• The guest is obligated to comply with the provisions of this document;
• Any other obligations arising from this document or applicable law.

2.4 Rights and Obligations of the Owner

The owner has the following rights:
• To modify, supplement, or update documents related to commercial policies, terms and conditions, the cookie policy, and the privacy policy;
• To limit the number of registrations within an event;
• To modify the platform’s format without prior notice;
• To modify or delete, temporarily or permanently, images, information, or text messages posted by organizers or registered users that contain offensive, abusive, inflammatory language, or that may harm the platform’s reputation or the interests of users;
• To present users with offers related to specific service packages and specify the special terms and conditions applicable exclusively to the relationship between the owner and the organizer;
• In relation to organizers, the owner has the right to charge fees and commissions for the services provided and to require the exact and timely fulfillment of the obligations assumed by the organizers, which include but are not limited to: the obligation to pay the agreed amount on time for the services provided and the obligation to inform the owner of any situation arising during contract execution that may lead to its modification or termination;
• To conduct advertising and marketing campaigns;
• The right to sanction any non-compliant behavior of users by suspending and/or deleting user accounts in cases where the clauses of this document are not respected or when harm is caused to the platform, the owner, or other users;
• The right to select clientele, allowing account usage only to users who comply with this document, applicable legal regulations, and commercial conduct rules;
• Any other rights arising from this document or applicable law.
The owner has the following obligations:
• To comply with legislation regarding the processing of personal data;
• To address and resolve any issues within the timeframe specified in this document or in internal work procedures, or, in their absence, as soon as possible;
• To take the necessary measures to ensure appropriate security standards;
• To refrain from displaying the contact details of organizers or guests, such as email addresses and phone numbers, in plain text for security reasons.

3. DELIVERY AND RETURN POLICY

The owner will deliver the functionalities associated with the purchased package to the organizer within a maximum of 48 hours from the date of purchase, via the platform or through digital messaging channels (e-mail).
The owner is not responsible in any way for information that does not correspond to reality (for example, but not limited to: name, surname, address, email, contact details).
The owner is not responsible for issues arising from payment processing through the third-party payment platform provided.
The owner is not liable for the loss of photo, video, or text data resulting from issues with third-party systems used to manage such data or from their deletion by the owner after the expiration of the 3-month storage period for elements within a package purchased by the client/organizer.
Once the organizer has registered the event through the platform, they become responsible for the proper conduct of guest activities and other activities through the platform in connection with the registered event.
For services purchased through the platform, organizers have the right to request a refund within 14 days of purchasing the package, provided that the service has not been used. After the expiration of this period or the commencement of service use (e.g., event registration, content upload), a refund is no longer possible.

4. PRICES AND PAYMENTS

The prices of the services offered through the platform are expressed in LEI (RON) and include any applicable taxes, fees, and VAT (where applicable).
The prices displayed on the site may be modified by the owner at any time without prior notice. The applicable price for a product or service contracted by the organizer will always be the price displayed at the time of the valid conclusion of the contract with the organizer. Any changes will not affect orders that have already been placed.
From time to time, we may offer products and/or services at discounted prices. If you have a discount code, you may use it only once for the purchase of a product/service on the site. We reserve the right to reject or cancel any orders where more than one discount code has been applied. You are allowed to use discount codes strictly under the terms and conditions under which they were issued, which may include eligibility requirements and/or a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion unless expressly stated on the site in the relevant offer or promotion.
You can pay for our products and/or services using a credit card or another payment method explicitly indicated on the site. You acknowledge and agree to make full and timely payments for the products and/or services purchased. If you use a credit card, you guarantee that you have the necessary rights and authority to use that credit card. If payment is not completed or is declined for any reason, the owner may revoke access to the products or services available on the site.
When proceeding with payment by bank card, a separate window will open where the necessary card details must be entered by the organizer to complete the payment to the owner.
Upon placing an order, the organizer will receive an email confirming that their order has been accepted, at which point the contract is considered concluded.

5. LIMITATION OF LIABILITY

5.1. Accuracy of Information; Relationships Between Organizers and Users

The platform is not responsible in any way for how the legal relationships between organizers and users are conducted, nor for the accuracy of the information and data communicated by users to the owner. The accuracy and truthfulness of the information provided during the registration of an event on the platform, as well as the obligations of organizers towards users and vice versa, remain the exclusive responsibility of the respective parties. Therefore:
• The owner does not verify the accuracy, compliance with legal provisions, or completeness of the data regarding the event registered by the organizer. Responsibility for such data lies solely with the organizer;
• The owner is not liable for any incorrect information entered by users or organizers and, in general, for any information entered by users or organizers that does not reflect reality;
• The owner bears no responsibility for information that is inaccurate or false, whether entered intentionally or erroneously by users;
• The owner does not guarantee the accuracy of information entered by users in various sections of the platform (regardless of whether it is posted publicly or added to the user’s account). Therefore, the owner cannot be held liable in any way for damages suffered by users as a result of relying on such information;
• The owner is not responsible for any inaccuracies in counting guests who access the platform. Guests are counted only upon their first access to the event using a new browser.

5.2. Loss and Modification of Data

The platform shall not be held liable for the loss or deterioration of content uploaded to the platform, except in cases of gross negligence or intentional misconduct on our part.
We cannot guarantee the continuous and error-free operation of the platform. In the event of interruptions or technical issues, we will make every effort to restore functionality as soon as possible. The platform shall not be liable for any direct or indirect damages caused by such interruptions.
The owner is not responsible for the loss of photo, video, or text data resulting from potential issues with third-party systems used for storage. The owner is also not responsible for any issues that may arise during the use of the platform due to third-party platforms or internet connectivity issues.
The owner shall not be held liable for the improper functioning or temporary unavailability of the hosting company’s servers on which the platform is hosted, nor for malfunctions of users’ internet browsing devices at the time of accessing/navigating the platform.
The owner shall not be liable for any inconveniences experienced by guests or organizers due to access limitations imposed by the purchased package.
The organizer/client acknowledges that after the expiration of the 3-month limit from the event date, photo, video, and text data will be deleted, and the purchased service will no longer be available. The owner is not liable for the loss of such data due to their deletion after the 3-month storage period specified in the package purchased by the client/organizer. Users are encouraged to download and keep backup copies of uploaded content.
The organizer/client acknowledges that certain media elements uploaded to the platform will be processed/modified as follows: depending on the size of the photo, very large photos will be resized to 2560 pixels in width or height, whichever is smaller, and video clips will be trimmed to a maximum playback duration of 2 minutes and processed at 30 fps with a resolution of 1080p (full HD).

5.3. Violation of Intellectual Property Rights

The owner shall not be held liable in any way if the information and/or photographs posted by users infringe upon copyright, intellectual property rights, or the privacy rights of third parties. Responsibility for the use of such content lies solely with the users and the organizer.
If a documented complaint is submitted to the owner via email at office@cloudofmemories.com or by postal mail to the address specified above, indicating that a user has violated copyright, intellectual property rights, or the privacy rights of third parties, the images and/or information in question, posted by the user on the platform, will be deleted by the owner. The user will be notified via email regarding the complaint and the deletion of the respective images/information.

6. ABUSIVE USE OF THE PLATFORM

6.1. Prohibited Activities

Abusive use of the platform is strictly prohibited. Abusive use includes, but is not limited to:
• Using the platform in violation of customary and fair commercial practices, applicable legal provisions,
• Posting materials that are contrary to good morals,
• Using the platform in a manner that may harm the owner or other users/registered users.
Users are not allowed to upload illegal, offensive, defamatory content or content that violates the rights of others, including copyright or privacy rights.

6.2. Sanctions; Account Suspension

The owner reserves the right to restrict or deny access to the platform if there is reasonable suspicion that the user is responsible for fraud, intends to harm the rights and legitimate interests of other users/registered users or the owner, violates the terms and conditions, provides false information, etc.
We reserve the right to suspend or delete any account suspected of abusive activity that violates these Terms and Conditions or applicable laws. In case of suspension or deletion, the user will be notified and will have the right to contest the decision within 14 days from the notification date.
The owner shall not be liable for any loss, costs, lawsuits, claims, expenses, or other liabilities that arise due to users/registered users failing to comply with the Terms and Conditions or any contractual clauses from agreements between the organizer and guests. The owner shall not be responsible for any loss, of any nature, that the organizer or guest may suffer as a result of their account details being disclosed to third parties.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Owner’s Rights Regarding the Platform

The ownership and related rights concerning the platform belong exclusively to the owner. These rights include, but are not limited to, trademarks, copyrights, designs, trade names, logos, images, design elements, text, videos, audio files, graphics, other files, and software. Access to and use of our website, products, or services does not grant or transfer any rights concerning any of the aforementioned elements.
Registered and unregistered users are not allowed to modify, reproduce, transmit, or use in any other manner, without the owner’s consent, any graphic materials or other materials or concepts presented on the site. Unauthorized use of any elements on the platform (including graphics, text, web elements, etc.) without the owner’s written consent may result in legal action against those responsible for violating intellectual property rights and the request for compensation for damages caused.

7.2. Users’ Rights Over Content

Users retain copyright ownership of the content they upload to the platform. By uploading content, you grant the platform a non-exclusive, revocable, and limited license to store and share the content for the duration of the account or event. After the storage period expires, the content will be deleted in accordance with legal provisions.
The responsibility for the rights and the manner in which the information, images, graphic representations, etc., uploaded by registered users are used lies solely with them.
The organizer assumes full responsibility for the uploaded content and guarantees that they have obtained all necessary consents from guests to upload, store, and distribute their images, videos, and texts. The organizer is responsible for any legal claims made by guests regarding potential violations of copyright, image rights, or other rights related to the content.

8. DISTANCE CONTRACTS

In the legal relationships between the platform and the organizers, the contract between the owner and the organizer is considered concluded and completed at the moment the organizer accesses the event configuration page on the platform, fills out the event configuration form and administrator account, and accepts the Terms and Conditions. The event configuration form and administrator account become accessible after selecting a package on the site, completing the purchase form, and finalizing the purchase. In case of the impossibility to provide a service, the owner reserves the right to refuse the order.
Before accepting the offer, the organizer is obliged to read the terms and conditions applicable exclusively to the legal relationship between the owner and the organizer, which are accessible via a dedicated link on the same page.
The distance contract comes into effect immediately. Once concluded, the contract will be stored by the owner and can be requested by the organizer as proof. Upon the organizer’s request, the owner will correct any errors that occurred when the organizer entered data in the purchase form. The distance contract terminates upon the expiration of the contracted service period or before the expiration date in case of unilateral termination by either party or by mutual agreement.
In the event of contract termination at the organizer’s initiative, the organizer may be refunded part of the amount paid to the owner, strictly under the conditions outlined in Chapter 3 of the Terms and Conditions.
In the event of termination of the contract between the owner and the organizer, regardless of the reason, the owner will make the necessary technical changes to ensure that the functionalities package previously purchased by the organizer is no longer available. In this situation, the responsibility towards guests lies solely with the organizer.
The contract is concluded in both Romanian and English.

9. COOKIE POLICY AND SIMILAR TECHNOLOGIES

The owner has adopted the Cookie Policy and similar technologies in accordance with Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, hereinafter referred to as “the Regulation,” and the Personal Data Protection Law.
The purpose of this policy is to inform users about the use of cookies and other similar technologies by the owner, which allow us to store information on users’ end devices and access it when they visit and navigate the website.
The full content of the document can be accessed at the following link: Cookie Policy, which forms an integral part of these Terms and Conditions.

10. PERSONAL DATA PROCESSING AND INFORMATION CONFIDENTIALITY POLICY

The Personal Data Processing and Information Confidentiality Policy (Privacy Policy) explains how we collect, store, use, and disclose personal data, and how we comply with applicable legal requirements. The full policy can be accessed on the dedicated Privacy Policy page and forms an integral part of these Terms and Conditions.
By using our website, you agree to the use of your information as described in the Privacy Policy and guarantee that all data you provide is accurate.
When purchasing any of our products or services, you may be required to provide certain information, including but not limited to your name, address, email address, phone number, and billing address.
Any personal data, including photos and videos that identify individuals, will be processed in accordance with this policy. The organizer is responsible for obtaining the explicit consent of participants before uploading and sharing any content that contains personal data.

11. FINAL PROVISIONS

The legal relationships established through this platform are governed by the laws of Romania.
In the event of any disputes, the parties will attempt to resolve them amicably. If an amicable solution cannot be reached, disputes will be settled by the competent courts in Romania.
In the legal relationships between the owner and the organizer, this document is supplemented by the special terms and conditions.
This document is also supplemented by applicable legal provisions from Romania, including but not limited to:
• Law No. 287/2009 – Civil Code;
• Law No. 365/2002 on electronic commerce;
• Law No. 363/2007 on combating unfair commercial practices in relation to consumers and harmonizing regulations with European legislation on consumer protection;
• Law No. 21/1996 – Competition Law;
• Law No. 227/2015 – Fiscal Code.