Terms of use
By using the Memofreeze platform, you accept the following terms of use.
General
The following terms govern the use of the Memofreeze platform:
1.1The platform is operated by Kevin Linne, Fröbelstr. 40, 35394 Gießen, Germany.
1.2By using the platform and the services offered, users (hereinafter "users") accept the following terms of use.
1.3The platform allows registered users to create digital guestbooks for events, which guests can access via a QR code. Guest posts are stored and provided to the host.
Services
2.1Memofreeze offers the following features and upgrades:
- Basic (free): Create a guestbook where up to 50 people can leave text posts.
- Plus: Guests can also upload photos, answer questions, and participate in polls.
- Giga: Up to 300 people can leave posts, with all Plus features.
- Enterprise300: Up to 300 people with all Giga features plus logo personalization, no advertising, and post moderation.
- Enterprise2000: Up to 2000 people with all Enterprise300 features.
2.2Posts (texts, photos, answers) are stored for the host and accessible for a period of 3 years.
2.3The platform is provided "as is." There is no claim to permanent availability or error-free use.
Registration
3.1Registration is required to create guestbooks. Users must provide the following data:
- A valid email address.
- A self-chosen password
3.2Users are obliged to keep their access data confidential and not share it with third parties.
3.3There is no entitlement to registration. The operator may reject registration requests without giving reasons.
Host responsibility
4.1Hosts are responsible for ensuring that no illegal or copyrighted content is uploaded by guests to the guestbook.
4.2The host must ensure that consent of the depicted persons is obtained when guests upload photos.
4.3In case of legal violations, the host is liable and indemnifies the platform operator against all third-party claims.
Prices and payment terms
5.1Creating a guestbook in the free Basic version is free of charge.
5.2Paid upgrades (Plus, Giga, Enterprise300, and Enterprise2000) are subject to current prices displayed on the website.
5.3Payment is processed via Stripe. The contractual and privacy terms of Stripe apply to the payment service: https://stripe.com/legal and https://stripe.com/privacy.
5.4Paid upgrades are one-time payments and non-refundable unless statutory refund rights apply.
Duration and deletion
6.1Guestbook entries are stored for a period of 3 years and then permanently deleted.
6.2Users can delete their registration at any time. The user account will then be removed. However, content and billing-relevant data may remain stored until statutory retention periods expire or for technical backup reasons and will subsequently be deleted or anonymized.
Usage rules
7.1Users must not use the platform to:
- Upload content that is illegal, offensive, discriminatory, or otherwise inappropriate.
- Upload content that infringes on third-party copyrights or personal rights.
7.2Violations of these rules may result in account suspension or guestbook deletion.
Liability
8.1Liability:
- The persons who upload content (users or guests) are responsible for that content.
- In cases of slight negligence, the operator is liable only for breaches of essential contractual obligations (cardinal obligations) and then only up to the foreseeable, contract-typical damage.
8.2Unlimited liability applies in cases of intent and gross negligence as well as for injury to life, body, or health. Mandatory statutory liability remains unaffected.
Rights to Content
9.1By uploading content, users and guests grant the operator a non-exclusive, spatially and temporally limited right of use for the storage period to display this content on the platform.
9.2Users ensure that they have the necessary rights to the uploaded content.
Changes to Terms of Use
10.1The operator reserves the right to change the terms of use. Changes will be communicated to registered users at least 4 weeks in advance by email.
10.2If the user does not object to the changes within 2 weeks after receiving the change notification, the changed terms of use are considered accepted.
Applicable Law
11.1German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not remove mandatory consumer protection provisions of the state of their habitual residence.
Contact
12.1If you have questions about the terms of use, please contact us: [email protected]
