Terms & Conditions

Picture a Moment — Interaktive Event-Foto-Plattform
Peter Fleschurz (Einzelunternehmer)
Gabesstraße 20, 4030 Linz, Austria
E-Mail: office@captureyourmoments.app

As of: July 2026

1. Scope

1.1. These General Terms and Conditions (hereinafter 'T&C') apply to all contracts concluded between Peter Fleschurz (hereinafter 'Provider') and the users (hereinafter 'Customer') via the platform 'Picture a Moment' (hereinafter 'Platform').

1.2. The platform is available at captureyourmoments.app and provides a web-based event photo application as Software-as-a-Service (SaaS).

1.3. Deviating conditions of the Customer are not recognised unless the Provider expressly agrees to their validity in writing.

1.4. These T&C apply to both consumers (B2C) and businesses (B2B) within the meaning of the Austrian Consumer Protection Act (KSchG). Consumer protection provisions remain unaffected in all cases.

2. Description of services

2.1. The platform allows customers to create events (e.g. weddings, birthdays, corporate events) and invite guests to participate in interactive photo challenges.

2.2. Depending on the chosen plan, the scope of services includes:

• Creation and management of events
• QR code-based access for guests (no app installation required)
• Photo upload by guests in original quality
• Interactive photo challenges and tasks
• Voting system for uploaded photos
• Live display (Showwall) on external screens/projectors
• Gallery and download of all event photos

2.3. The specific scope of features depends on the plan chosen by the Customer, as displayed on the website.

2.4. The Provider reserves the right to further develop, modify and improve the platform at any time, provided that the essential contractual functions are maintained.

3. Conclusion of contract

3.1. The presentation of services on the website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).

3.2. By completing the order process and clicking the 'Order with obligation to pay' button, the Customer submits a binding offer to conclude a contract.

3.3. The contract is concluded when the Provider accepts the order by sending an order confirmation by email or activating the service.

3.4. The contract text is stored by the Provider. The Customer can view, save and print the T&C on the website at any time.

3.5. The contract language is German.

4. Prices and payment

4.1. The prices displayed on the website at the time of order apply. VAT exempt — small business exemption pursuant to § 6 para. 1 Z 27 UStG.

4.2. Payment processing is handled by the payment service provider Stripe (Stripe Payments Europe, Ltd.). The following payment methods are available:

• Kreditkarte (Visa, Mastercard, American Express)
• Debit card
• Apple Pay / Google Pay

No additional fees are charged depending on the payment method chosen.

4.3. In the event of late payment, the Provider is entitled to charge default interest at the statutory rate (4% p.a. for consumers, 9.2 percentage points above the base rate for businesses).

4.4. The Provider reserves the right to temporarily suspend access to the platform if payment is more than 14 days overdue after a reminder.

5. Duration and termination

5.1. One-time event packages: The contract is concluded for the duration of a single event and ends automatically after the booked period expires.

5.2. Subscription plans (if offered): The contract is automatically renewed for the chosen period (monthly or annually) unless terminated before the end of the current period. Termination takes effect at the end of the current billing period.

5.3. Termination can be made by email to office@captureyourmoments.app or via the account management on the platform.

5.4. The right to extraordinary termination for good cause remains unaffected.

5.5. After the contract ends, the Customer has the opportunity to download their data (photos, event data) within 30 days. After that, the Provider is entitled to delete the data.

6. Right of withdrawal (for consumers)

6.1. Consumers within the meaning of the Austrian Consumer Protection Act (KSchG) have the right to withdraw from the contract within 14 days without giving reasons (§ 11 FAGG).

6.2. The withdrawal period is 14 days from the date of conclusion of the contract.

6.3. To exercise the right of withdrawal, the Customer must inform the Provider by means of a clear statement (e.g. by email to office@captureyourmoments.app).

6.4. Early expiry of the right of withdrawal for digital content: The right of withdrawal expires prematurely if the Provider has begun to execute the contract (provision of digital content/services) after the Customer has expressly agreed that the Provider may begin execution before the expiry of the withdrawal period and has confirmed awareness that consent to begin execution results in loss of the right of withdrawal (§ 18 para. 1 Z 11 FAGG).

6.5. In the event of an effective withdrawal, payments already made will be refunded without delay, at the latest within 14 days of receipt of the withdrawal declaration. If the service has already been partially provided, the Customer is obliged to pay the proportionate amount for the service provided up to the withdrawal.

Model withdrawal form

7. Usage rights and intellectual property

7.1. The Customer receives a non-exclusive, non-transferable right to use the platform for the duration of the contract within the contractually agreed scope.

7.2. The Customer and their guests retain all rights to the photos and content they upload. By uploading, the user grants the Provider a simple, time-limited usage right exclusively for providing the contractual service (display, storage, download provision, Showwall display).

7.3. The Provider will not use uploaded photos for advertising, marketing or other own purposes without the express consent of the Customer.

7.4. All rights to the platform, including design, code, trademarks and logos, remain with the Provider. The Customer does not acquire any ownership rights to the software.

7.5. The Customer is prohibited from decompiling, reverse engineering, copying or making the platform available to third parties, unless expressly permitted by law.

8. Customer obligations

8.1. The Customer undertakes to use the platform only for lawful purposes and within the scope of applicable laws.

8.2. The Customer is responsible for all content uploaded by them or their guests via the platform. In particular, no content may be uploaded that:

• violates applicable law,
• infringes the rights of third parties (in particular copyrights, personality rights),
• is pornographic, glorifies violence, is discriminatory or offensive,
• contains malware.

8.3. The Customer indemnifies the Provider against all third-party claims arising from unlawful use of the platform by the Customer or their guests.

8.4. The Customer is obliged to keep their access data confidential and protect it from third-party access.

9. Availability and maintenance

9.1. The Provider endeavours to ensure the highest possible availability of the platform but cannot guarantee uninterrupted availability.

9.2. Planned maintenance work will be announced in advance where possible and scheduled during off-peak hours.

10. Warranty

10.1. The statutory warranty provisions under Austrian law (§§ 922 ff ABGB) apply.

10.2. For consumers, the warranty period is 24 months from provision of the digital service. For continuous provision (subscription model), the warranty applies for the entire contract term.

11. Liability

11.1. The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused by intent or gross negligence.

11.2. In the case of slight negligence, the Provider is only liable for breach of essential contractual obligations. In this case, liability is limited in amount to the typical, foreseeable damage.

11.3. Liability for indirect damages, in particular loss of profit, data loss and third-party claims, is excluded in the case of slight negligence.

11.4. The Provider's liability is in any case — except in the case of intent and personal injury — limited in amount to the fee paid by the Customer for the relevant event or contract year.

11.5. The above limitations of liability do not apply insofar as they are incompatible with mandatory consumer protection provisions (in particular KSchG).

12. Data protection

12.1. The Provider processes personal data of the Customer and their guests exclusively in accordance with the GDPR and the Austrian Data Protection Act (DSG). Details on data processing are set out in the separate privacy policy.

12.2. Photos and personal data are stored on servers within the European Union (AWS eu-central-1, Frankfurt am Main, Germany).

13. Content and moderation

13.1. The Provider is entitled to remove content that violates these T&C or applicable law.

13.2. The Provider has no proactive monitoring obligation for user-generated content (§ 16 ECG).

14. Force majeure

14.1. Neither party is liable for non-performance or delayed performance of its obligations insofar as this is due to force majeure (e.g. natural disasters, pandemics, war, strikes, official orders, failure of telecommunications networks or power supply).

15. Dispute resolution

15.1. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (OS platform), available at

https://ec.europa.eu/consumers/odr

16. Changes to the T&C

16.1. The Provider reserves the right to amend these T&C with effect for the future, insofar as this is necessary for objectively justified reasons (e.g. changes in the legal situation, new features).

16.2. Material changes will be communicated to the Customer by email at least 30 days before they take effect. If the Customer does not object within 30 days of receipt of the notification, the amended T&C are deemed accepted. This legal consequence will be specifically pointed out in the change notification.

17. Final provisions

17.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers with habitual residence in the EU, the mandatory provisions of the law of their state of residence remain unaffected.

17.2. The place of jurisdiction for all disputes arising from or in connection with this contract is the competent court in Linz, Upper Austria. For consumers, the statutory place of jurisdiction applies (§ 14 KSchG).

17.3. Should individual provisions of these T&C be or become invalid, this does not affect the validity of the remaining provisions (severability clause).

17.4. No verbal side agreements exist. Amendments and additions to this contract require written form. This also applies to the waiver of the written form requirement.