Terms of Service

1Acceptance of Terms

Welcome to About Last Night ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at aboutlastnight.lol and our event photo-sharing platform and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2Description of Service

About Last Night provides a QR code-based photo sharing platform that allows event organizers to create digital photo galleries where guests can upload, view, and share photos. Our Service includes:

• Event creation and management tools
• QR code generation for guest access
• Photo upload, storage, and display
• Photo voting and engagement features
• Photo download and sharing capabilities
• Premium features available through paid subscriptions

3Eligibility and Account Requirements

Age Requirements

• You must be at least 13 years old to use this Service
• If you are under 18, you must have parental or guardian consent to use the Service
• By using the Service, you represent that you meet these age requirements

Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and event codes
• You are responsible for all activities that occur under your account or event
• You must provide accurate and complete information when creating an account
• You must notify us immediately of any unauthorized access to your account

4User Content and Conduct

Your Content

"User Content" refers to any photos, images, text, captions, or other materials that you upload, post, or transmit through the Service. You retain all ownership rights to your User Content.

License Grant

By uploading User Content, you grant About Last Night a non-exclusive, worldwide, royalty-free, sublicensable license to use, copy, modify, display, distribute, and process your User Content solely for the purpose of providing and improving the Service. This license ends when you delete your User Content or when your event's retention period expires, whichever comes first.

Content Representations

By uploading User Content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and share the content
• Your content does not infringe any third party's intellectual property or privacy rights
• You have obtained consent from any individuals appearing in photos (where required by law)
• Your content complies with all applicable laws and regulations

Content Moderation

We reserve the right, but are not obligated, to review, monitor, and remove User Content at our sole discretion. We may remove content that violates these Terms or that we deem inappropriate, without prior notice. Event organizers are responsible for moderating content within their events.

5Intellectual Property Rights

Our Intellectual Property

The Service, including its design, features, functionality, code, graphics, logos, and trademarks, is owned by About Last Night and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

DMCA and Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Service infringes your copyright, please send a DMCA takedown notice to contact@aboutlastnight.lol.

Your DMCA notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Service
• Your contact information (name, address, phone, email)
• A statement that you have a good faith belief the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act
• Your physical or electronic signature

6Payments, Subscriptions, and Refunds

Pricing

• Prices for paid features are displayed at the time of purchase and may change at any time
• All prices are in US Dollars unless otherwise stated
• Applicable taxes may be added to the displayed price

Event Upgrades

• Event upgrades are one-time purchases that apply to a specific event
• Features are activated immediately upon successful payment
• Upgrades are non-transferable between events

Refund Policy

• Refunds may be requested within 24 hours of purchase if no photos have been uploaded to the event
• Once photos have been uploaded, upgrades are generally non-refundable
• Refunds for technical issues are handled on a case-by-case basis
• To request a refund, contact contact@aboutlastnight.lol

Failed Payments

If a payment fails, the associated premium features will not be activated. We are not responsible for any issues arising from declined transactions.

7Photo Storage and Data Retention

Storage Limitations

• Free events: Limited to 50 photos
• Paid plans: Photo limits vary by tier (100-1000+ photos)
• Individual photos are limited to 20MB file size

Retention Periods

• Free Events: Photos retained for 5 days after event date
• Starter Plan: Photos retained for 30 days after event date
• Premium Plan: Photos retained for 90 days after event date
• Professional Plan: Photos retained for 365 days after event date

8Disclaimers and Limitation of Liability

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Guarantee of Availability

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We may suspend or discontinue the Service at any time without notice. We are not responsible for any loss of data, photos, or content due to service interruptions or technical issues.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABOUT LAST NIGHT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from your use of or inability to use the Service
• Any unauthorized access to or alteration of your content
• Any conduct or content of any third party on the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE PAST 12 MONTHS, OR (B) ONE HUNDRED DOLLARS ($100 USD).

Event Organizer Responsibility

Event organizers are solely responsible for the content uploaded to their events and for ensuring compliance with applicable laws regarding photography and consent at their events. We are not liable for any disputes between event organizers and their guests.

9Indemnification

You agree to indemnify, defend, and hold harmless About Last Night and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third party's rights, including intellectual property or privacy rights
• Any claim that your content caused damage to a third party

10Termination

Termination by You

You may stop using the Service at any time. To delete your account and associated data, contact us at contact@aboutlastnight.lol.

Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that is harmful to other users, third parties, or our business
• Fraudulent, abusive, or illegal activity
• Extended inactivity

Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and all associated content. Provisions of these Terms that by their nature should survive termination will survive (including ownership, disclaimers, indemnification, and limitations of liability).

11Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at contact@aboutlastnight.lol. We'll try to resolve the dispute within 30 days.

Arbitration Agreement

If we cannot resolve the dispute informally, you and About Last Night agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver

YOU AND ABOUT LAST NIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and About Last Night regarding the Service and supersede all prior agreements.

Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13Contact Information