Terms of Service
TERMS OF SERVICE
Last Updated: 01.05.2026
These Terms of Service (the “Terms”) govern the relationship between SOLFINITY LLC, a company incorporated and existing under the laws of Ukraine (hereinafter referred to as the “Administration,” “we,” “us,” or the “Service”), and any individual or legal entity using the Addmoments platform (hereinafter referred to as the “User” or “you”).
If you enter into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you enter into these Terms as an individual, you represent that you are at least eighteen (18) years of age. If you are under the age of eighteen (18), you represent that you have obtained the consent of your parent or legal guardian to be bound by these Terms. Throughout these Terms, “you” and “your” refer to either you as an individual or the legal entity on whose behalf you are acting, as applicable.
Please read these Terms carefully. By accessing or using the website https://addmoments.com.ua (the “Website”) and the Addmoments Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. By using our Service to collect Content, you also agree to our Data Processing Agreement (DPA), which forms an integral part of these Terms. If you do not agree to these Terms, you must not access or use the Website or the Service.
1. DEFINITIONS
1.1. Addmoments (Service)
The Addmoments Service is a Software-as-a-Service (SaaS) platform designed to facilitate the collection, storage, organization, and management of media content generated during Events.
1.2. Organizer
An Organizer is a User who has registered an account on the Website, creates and administers an Event.
1.3. Guest
A Guest is a User who accesses an Event album through a QR code or a direct link without registering an account on the Website for the purpose of uploading Content.
1.4. Event
An Event is a virtual space (album) created by an Organizer on the Addmoments platform, with a defined retention period and allocated storage capacity.
1.5. Content
Content means photographs, video recordings, and any other materials uploaded by the Organizer or Guests to the Platform, including any embedded metadata (EXIF Data) contained within such files.
2. SUBJECT MATTER OF THE AGREEMENT AND DESCRIPTION OF THE SERVICES
2.1.
Addmoments provides Organizers with the technical means to create Events, generate unique QR codes and sharing links for collecting Content from Guests, and to moderate, manage, and download the collected Content.
2.2.
Guests are provided with the ability to upload Content to an Event album without creating an account.
2.3.
The Service is provided on an “as is” basis. We continuously develop and improve the Platform; therefore, its features and functionality may be modified, updated, or discontinued from time to time.
3. ORGANIZER REGISTRATION AND ACCOUNT
3.1.
To create an Event, an Organizer must register an account by providing a valid email address and creating a password.
3.2.
The Organizer is solely responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
3.3.
The Administration reserves the right to suspend or terminate an Organizer’s account in the event of a breach of these Terms.
4. RULES APPLICABLE TO GUESTS
4.1.
Guests may use the Service solely for the purpose of uploading Content to the relevant Event upon invitation by the Organizer.
4.2.
By uploading Content, the Guest represents and warrants that they possess all necessary rights to such Content and, where required by applicable law, have obtained the consent of all individuals depicted in the photographs or videos for their collection, upload, and sharing.
The Guest further acknowledges and understands that files are uploaded “as is” and may contain embedded metadata (including, for example, the exact date and time of creation and geolocation data), which may be accessible to the Organizer and other participants of the relevant Event.
4.3.
As Guests are not required to register an account, their identification is based solely on technical information (including IP address and browser data), as described in our Privacy Policy.
If you are a Guest and wish to request the removal of a specific photograph or video, you must contact the relevant Event Organizer directly. If you submit such a request to the Administration, we will forward your request to the appropriate Organizer and provide the necessary technical assistance through the Platform’s moderation tools.
4.4.
Media Content uploaded by Guests is stored on the Platform only for the retention period selected by the Organizer when creating the relevant Event. Upon expiration of that period, and after the Organizer has been provided with an opportunity to download an archive of the Event Content, all photographs, video recordings, and any associated metadata shall be permanently and irreversibly deleted from our servers.
5. CONTENT AND INTELLECTUAL PROPERTY
5.1. Ownership of Content
Addmoments does not claim ownership of any Content uploaded to the Platform. All intellectual property rights in and to such Content remain vested in the respective Users.
5.2. License to the Service
By uploading Content, Users grant Addmoments a non-exclusive, royalty-free, worldwide license to store, process, display, and transmit such Content to the Organizer solely for the purpose of providing the Service.
5.3. Content Moderation
The Organizer has the right, at their sole discretion, to remove any Content from their Event album.
The Administration does not perform prior moderation of Content. However, upon receipt of a valid complaint, the Administration reserves the right to remove any Content that violates applicable law or these Terms.
5.4. File Metadata (EXIF Data)
The Addmoments Platform receives and stores media files uploaded by Guests in the exact form in which they are submitted (“as is”). The Administration does not automatically edit, compress, remove, or otherwise alter embedded metadata (EXIF Data) contained in photographs or video recordings.
Such metadata may include, without limitation, the exact date and time of creation, geolocation (GPS coordinates), camera information, and other technical device specifications.
The Organizer acknowledges and understands this technical characteristic of the Platform and assumes full responsibility for informing Guests that uploading original media files may result in the disclosure of embedded metadata to the Organizer and other participants of the relevant Event.
The Administration shall not be liable for the disclosure of such metadata to third parties within the scope of the relevant Event album.
6. PROHIBITED ACTIVITIES
Both Organizers and Guests are strictly prohibited from:
6.1.
Uploading any Content that is unlawful, harmful, threatening, abusive, defamatory, offensive, obscene, infringing, harassing, or racially or ethnically offensive; that promotes, facilitates, or is otherwise associated with unlawful activities; that depicts sexually explicit material, including pornography; that promotes or is associated with unlawful violence; that is discriminatory on the basis of race, gender, color, religion, sexual orientation, disability, or any other protected characteristic; that causes or may cause harm or injury to any person or property; that contains unsolicited commercial advertising, promotional, or marketing materials and/or Content that you do not own or for which you do not possess the necessary rights or permissions to upload, use, or distribute, including intellectual property rights and rights of privacy.
6.2.
Using the Service to distribute malware, viruses, spam, or any other harmful code, or otherwise using the Service in a manner that damages, disables, overburdens, or impairs the Service, its systems or servers, or any cloud infrastructure or other platform on which the Service operates.
6.3.
Attempting to gain unauthorized access to the Addmoments servers, the accounts of other Organizers, or restricted Events.
6.4.
Accessing or using the Service, or any part thereof, to develop, market, or provide any product or service that is similar to, or competes with, Addmoments.
6.5.
Using the Service for any unlawful purpose or in violation of the laws of Ukraine or the laws applicable in the User’s country of residence or location.
7. FEES AND PAYMENT (FOR ORGANIZERS)
7.1.
Certain types of Events, additional storage capacity, and extensions of an Event album’s retention period are offered as paid Services.
7.2.
The applicable fees are displayed on the Website during the checkout process. Payments are processed through integrated third-party payment service providers, including LiqPay.
7.3.
Due to the digital nature of the Services (Software-as-a-Service (SaaS)), fees paid for the Services are non-refundable once an Event has been created and the Service has commenced, except where otherwise required by the applicable laws of Ukraine.
8. LIMITATION OF LIABILITY
8.1.
The Administration is not responsible for the Content uploaded by Guests. Full responsibility for such Content rests with the individual who uploaded it and with the Organizer responsible for moderating the relevant Event.
8.2.
The Service is intended solely for the temporary collection, storage, and transfer of Content. The Organizer is responsible for downloading the archived Event Content before the expiration of the applicable Event retention period. Addmoments shall not be liable for the loss or deletion of Content after the expiration of the applicable paid storage period.
8.3. Exclusion of Indirect Damages
To the fullest extent permitted by applicable law, the Administration, its directors, officers, employees, affiliates, partners, contractors, and service providers shall not be liable to any Organizer, Guest, or third party for any indirect, incidental, special, punitive, exemplary, or consequential damages.
This limitation includes, without limitation, any loss of profits, revenue, goodwill, business opportunities, or any loss, corruption, or unavailability of data (including losses resulting from the acts or omissions of third-party Sub-processors, cloud hosting providers, or other service providers), as well as any other intangible losses arising out of or relating to the use of, or inability to use, the Service.
8.4. Limitation of Liability (Liability Cap)
The Administration’s aggregate maximum liability to the Organizer for any and all claims, demands, actions, or causes of action arising out of or relating to these Terms, the Privacy Policy, or the Data Processing Agreement (DPA), including any unauthorized access to Content or Personal Data Breach, shall not exceed the total amount actually paid by the Organizer to the Administration for the use of the Service during the twelve (12) months immediately preceding the event giving rise to the claim.
Where the Organizer uses the Service free of charge (including under a free subscription plan or trial period), the Administration’s total aggregate liability shall in no event exceed the equivalent of UAH 1,000 (one thousand Ukrainian Hryvnias).
8.5. Force Majeure and Third-Party Services
The Administration shall not be liable for any delay, interruption of the Service, loss of Content, or security incident resulting from events beyond its reasonable control, including force majeure events, cyberattacks, failures of Internet service providers, or failures of third-party service providers (including Sub-processors), provided that the Administration has implemented commercially reasonable technical and organizational security measures.
8.6. Responsibility of the Organizer; Indemnification
The Organizer assumes full responsibility for the lawful collection and processing of Content provided by Guests.
The Organizer agrees to indemnify, defend, and hold harmless the Administration from and against any and all claims, liabilities, damages, fines, penalties, losses, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to the Organizer’s violation of applicable data protection laws, including the unlawful collection, storage, processing, or disclosure of Guests’ Personal Data, metadata, or geolocation information.
9. GOVERNING LAW AND DISPUTE RESOLUTION (FOR RESIDENTS AND NON-RESIDENTS)
9.1. Governing Law
These Terms and any legal relationship arising out of or in connection with the use of the Service shall be governed by and construed in accordance with the substantive laws of Ukraine.
9.2. Non-Resident Users
The use of the Service by individuals or entities outside Ukraine shall not affect the governing law of these Terms. All non-resident Users agree that their relationship with Addmoments shall be governed by the laws of Ukraine.
9.3. Jurisdiction
Any dispute, controversy, or claim arising out of or relating to these Terms shall be submitted to the competent courts of Ukraine having jurisdiction over the registered office of the Administration.
9.4. Consumer Protection Rights
Nothing in these Terms shall limit or exclude any mandatory consumer protection rights that may apply under the laws of the country of residence of a non-resident User, to the extent that such rights cannot be waived or excluded under applicable law.
10. FAIR USE POLICY
To ensure the reliable and uninterrupted provision of our Services to all customers, you agree to comply with the following Fair Use Policy:
10.1. You are responsible for ensuring that every media file uploaded to your digital wall or shared album is lawful, safe, appropriate, and does not infringe any applicable laws or third-party intellectual property rights, including trademarks.
10.2. Addmoments is a platform designed to collect media files from your Event. It must not be used as a general-purpose cloud storage service (such as Google Drive, Dropbox, or similar services).
10.3. Our Unlimited subscription plans are subject to this Fair Use Policy and are limited to 2,500 media uploads and 500 participants per Event. In the vast majority of cases, these limits are more than sufficient for managing even very large Events. If you require higher limits, please contact us so that we can discuss an appropriate solution.
10.4. Addmoments reserves the right to modify, suspend, remove, or block any Event or customer account that violates this Fair Use Policy without prior notice.
11. AMENDMENTS TO THESE TERMS
11.1.
We reserve the right to amend or modify these Terms at any time. Any updated version of these Terms will be published on this page together with the corresponding “Last Updated” date.
11.2.
Your continued access to or use of the Service after any amendments to these Terms become effective constitutes your acceptance of the revised Terms.
12. CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
Email: support@addmoments.com
APPENDIX TO THE ADDMOMENTS TERMS OF SERVICE
DATA PROCESSING AGREEMENT (DPA)
This Data Processing Agreement (the “DPA”) forms an integral part of the Addmoments Terms of Service (the “Terms”). By accepting the Terms upon registering an account or creating an Event, the Organizer automatically agrees to be bound by the terms of this DPA.
1. DEFINITIONS
1.1.
Unless otherwise expressly provided in this DPA, capitalized terms used herein (including, without limitation, Organizer, Guest, Event, Content, and Service) shall have the meanings assigned to them in the Terms.
1.2.
Data Protection Laws means the Law of Ukraine “On Personal Data Protection,” the General Data Protection Regulation (EU) 2016/679 (“GDPR”), where applicable, and any other applicable laws and regulations governing the protection of personal data.
1.3.
The terms Controller, Processor, Data Subject, Personal Data, Processing, and Personal Data Breach shall have the meanings assigned to them under the applicable Data Protection Laws.
2. ROLES OF THE PARTIES
2.1.
With respect to the Organizer’s account information (including, without limitation, email address, password, and payment information), the Administration (SOLFINITY LLC) acts as the Data Controller. Such data is processed in accordance with this Privacy Policy for the purpose of providing the Services.
2.2.
With respect to Content (including photographs and videos) and Guests’ personal data, the Organizer acts as the Data Controller, while the Administration (SOLFINITY LLC) acts solely as the Data Processor, providing the SaaS platform for the storage and organization of such data on behalf of the Organizer.
3. OBLIGATIONS OF THE ORGANIZER (DATA CONTROLLER)
3.1.
The Organizer represents and warrants that it has obtained all necessary legal grounds, including, where required, the valid consent of the relevant Data Subjects, for the collection, upload, and processing of Content (including photographs and video recordings of Guests) through the Addmoments Platform.
3.2.
The Organizer is solely responsible for informing Guests how their photographs, videos, and other personal data will be collected, stored, processed, and used in connection with the relevant Event.
3.3.
The Organizer undertakes not to use the Service for the collection or processing of special categories of personal data (including, for example, data concerning health, racial or ethnic origin, or other sensitive personal data), unless such processing is expressly permitted under applicable law and supported by an appropriate legal basis, including, where required, the explicit consent of the relevant Data Subjects.
4. OBLIGATIONS OF THE ADMINISTRATION (DATA PROCESSOR)
When processing Content on behalf of the Organizer, the Administration shall:
4.1. Processing on Instructions
Process Personal Data solely in accordance with the documented instructions of the Organizer. The Organizer’s use of the Addmoments Platform functionality (including, without limitation, creating an Event, generating QR codes, and configuring storage settings) shall constitute such documented instructions.
4.2. Confidentiality
Ensure that all persons authorized to process Personal Data (including employees and contractors of the Administration) are bound by appropriate confidentiality obligations and have committed to maintaining the confidentiality of such information.
4.3. Security
Implement and maintain appropriate technical and organizational measures to protect Content against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or unauthorized access, including, without limitation, encryption during transmission, access controls, and other appropriate security measures.
4.4. Assistance to the Controller
Provide the Organizer with the technical means, through the Platform interface, to independently respond to Data Subject requests. For example, where a Guest requests the deletion of their photograph, the Organizer may remove such Content through their account.
4.5. Personal Data Breach Notification
Notify the Organizer without undue delay, and in any event no later than forty-eight (48) hours after becoming aware of a Personal Data Breach affecting the Content of an Event.
5. ENGAGEMENT OF SUB-PROCESSORS
5.1. General Authorization
The Organizer grants the Administration a general authorization to engage third-party service providers (Sub-processors) as necessary for the provision of the Service, including, without limitation, cloud hosting providers responsible for storing Content.
5.2. List of Sub-processors
The current list of authorized Sub-processors is set out in Appendix B to this DPA. By registering for and using the Platform, the Organizer acknowledges that they have reviewed and accepted the current list of Sub-processors.
5.3. Notification of Changes
The Administration shall notify the Organizer of any intended addition or replacement of a Sub-processor by email sent to the address provided during registration or by notice through the Organizer’s account no later than fourteen (14) calendar days before such change takes effect.
5.4. Right to Object
The Organizer may reasonably object to the appointment of a new Sub-processor within fourteen (14) days after receiving the relevant notice. If the Administration is unable to provide the Service without engaging the proposed Sub-processor, the Organizer’s sole remedy shall be to terminate the Terms of Service and delete their account.
5.5. Responsibility
The Administration shall enter into a written agreement with each Sub-processor imposing data protection obligations that are no less protective than those set out in this DPA.
6. RETURN AND DELETION OF DATA
6.1.
The retention period for Content shall be determined by the Organizer through the Event settings. Upon expiration of the applicable retention period, the Content shall be deleted in accordance with the data retention provisions set out in this DPA and the Privacy Policy.
7. INTERNATIONAL DATA TRANSFERS
7.1.
The Administration’s servers may be located outside the country of residence of the Organizer or the Guests. Where Personal Data is transferred from the European Economic Area (EEA) to a country that has not been recognized as providing an adequate level of data protection, the Administration shall implement the Standard Contractual Clauses (SCCs) approved by the European Commission, or any other lawful transfer mechanism required under applicable Data Protection Laws.
APPENDIX A
DETAILS OF PERSONAL DATA PROCESSING
This Appendix describes the specific details of the processing of Personal Data carried out by the Administration on behalf of the Organizer.
1. Subject Matter, Nature, and Purpose of the Processing
The processing is carried out for the purpose of providing the Organizer with access to the Addmoments SaaS platform to facilitate the collection, storage, organization, and management of media content generated during Events.
Processing activities include the automated collection of Content (through uploads by Guests), storage, organization, display, and transmission of such Content within the Event’s virtual album.
The Administration processes Personal Data solely in a technical (passive) capacity and does not modify, edit, remove, or otherwise alter any embedded metadata contained within the original files.
2. Duration of Processing
Personal Data shall be processed for the duration of the Organizer’s account or until the expiration of the retention period applicable to the relevant Event, after which all Personal Data shall be permanently deleted from the Administration’s servers, subject to the time reasonably required for the secure deletion of encrypted backup copies.
3. Categories of Data Subjects
The categories of Data Subjects include:
● Guests of an Event who upload Content;
● Any other identifiable natural persons appearing in photographs or whose voices are captured in audio or video recordings uploaded to an Event album.
4. Categories of Personal Data
The categories of Personal Data processed include:
● Media files (including photographs and video recordings) that may contain images of faces, physical appearance, distinguishing features, or other identifying characteristics;
● File metadata (EXIF Data) automatically embedded in media files by the Data Subject’s device, including, where available, the exact date and time of creation, geolocation/GPS coordinates, camera information, and other technical device specifications. Such metadata is received and stored by the Platform “as is,” without modification or removal;
● Guests’ technical data, including IP address, browser type, and device information, processed solely for the purposes of ensuring the functionality, routing, security, and integrity of the upload process.
APPENDIX B: Current List of Authorized Sub-processors
|
Sub-processor |
Purpose of Engagement |
Server Location |
|
Amazon Web Services (AWS) |
Cloud hosting and secure data storage services |
European Union (EU) |
|
LiqPay |
Online payment processing services |
Ukraine |
|
Nova Poshta |
Delivery of materials |
Ukraine |
