Terms of Service

1. Acceptance of Terms

By accessing or using Precious Moments, you agree to these Terms of Service. If you do not agree, you must not use the platform.

2. Use of the Platform

You agree to use the platform only for lawful purposes and in accordance with these terms.

You must not:

• upload unlawful or harmful content
• infringe intellectual property rights
• misuse or interfere with the platform

3. User Content

You retain ownership of your content.

By uploading content, you grant Precious Moments a non-exclusive, worldwide, royalty-free licence to store, host, display, and distribute your content solely for operating the service.

You are solely responsible for all content you upload.

4. Guest Uploads

Event hosts may allow guests to upload content via links or QR codes.

By uploading content, guests confirm that:

• they have the right to upload the content
• they have obtained consent from individuals shown
• their content complies with these terms

The account holder is responsible for managing content within their album.

5. Content Moderation

Precious Moments uses a combination of automated systems (including AI-based image and video analysis tools) and, where appropriate, human review to monitor and assess content uploaded to the platform.

These moderation processes are designed to identify content that may breach our policies, including inappropriate, unlawful, or non-compliant material.

However, you acknowledge that:

• automated moderation systems are not always accurate or complete
• not all content may be reviewed prior to being stored or displayed
• some content that breaches these terms may not be immediately detected

Accordingly, Precious Moments does not guarantee that all content on the platform will be compliant at all times.

We reserve the right, at our sole discretion and without notice, to:

• review, remove, restrict, or disable access to any content
• suspend or terminate user accounts
• block uploads or access from specific users or devices

We may, at our sole discretion and without notice, investigate and take appropriate action in response to suspected breaches, including reporting unlawful content to relevant authorities.

Users and guests are responsible for ensuring their content complies with these Terms of Service, regardless of whether it has been reviewed or approved by our systems.

Users may report content they believe breaches these terms, and we will review such reports as soon as reasonably practicable.

6. Prohibited Content

Content must not include:

• nudity or sexual material
• violence or illegal activity
• offensive or abusive material
• copyright violations

7. Privacy

Your use of the platform is also governed by our Privacy Policy.

8. Security Measures

Precious Moments implements a range of technical and organisational security measures designed to protect user accounts and content.

These measures include, but are not limited to:

• encryption of data in transit using industry-standard protocols (such as TLS with 256-bit encryption)
• secure storage of content on controlled servers
• access controls designed to restrict unauthorised access to user data
• optional account security features, such as multi-factor authentication (2FA), where available
• technical measures intended to limit direct linking, downloading, or unauthorised distribution of stored images and videos

Where possible, media content is served through controlled application processes rather than direct public file access.

However, you acknowledge that:

• no system or transmission of data over the internet can be guaranteed to be completely secure
• security measures may not prevent all unauthorised access, copying, or distribution
• users are responsible for maintaining the confidentiality of their account credentials

To the maximum extent permitted by law, Precious Moments is not liable for any unauthorised access to, or use of, your account or content.

You are responsible for enabling available security features, including strong passwords and multi-factor authentication where offered.

9. Service Availability

We aim to provide a reliable and continuous service, however we do not guarantee that the platform will always be available, uninterrupted, secure, or error-free.

From time to time, the service may be unavailable due to:

• scheduled maintenance or upgrades
• system failures or technical issues
• network or internet disruptions
• third-party service outages (including hosting, storage, or payment providers)
• events beyond our reasonable control

We may suspend or restrict access to the platform, in whole or in part, without prior notice where reasonably necessary for maintenance, security, or operational reasons.

While we will make reasonable efforts to minimise disruption and restore service as quickly as possible, you acknowledge that temporary interruptions may occur.

To the maximum extent permitted by law, Precious Moments is not liable for any loss, damage, or inconvenience resulting from service interruptions, downtime, or access issues.

10. Data Responsibility

You are responsible for maintaining your own copies of any content you upload to the platform.

While Precious Moments implements backup and redundancy measures designed to protect stored data, including routine system backups, these measures are provided on a best-efforts basis only and are not guaranteed to prevent data loss in all circumstances.

Data loss may occur due to factors including, but not limited to:

• hardware or system failures
• software errors or corruption
• cyber security incidents
• third-party service failures
• user actions (including deletion or modification of content)

Precious Moments does not guarantee the availability, integrity, or preservation of any uploaded content.

To the maximum extent permitted by law, Precious Moments is not liable for any loss, damage, or corruption of data, including photos, videos, or other content, regardless of cause.

We strongly recommend that users retain independent copies of all important content.

Precious Moments is not intended to be used as the sole storage location for irreplaceable or high-value content.

11. Limitation of Liability

To the maximum extent permitted by law, Precious Moments excludes all liability for any loss or damage arising out of or in connection with your use of, or inability to use, the platform.

This includes, but is not limited to:

• loss of data, images, or videos
• loss of profits, revenue, or business opportunities
• loss of goodwill or reputation
• emotional distress or disappointment
• indirect, incidental, special, or consequential loss

Precious Moments does not guarantee:

• that the platform will be uninterrupted, secure, or error-free
• that content will not be lost, corrupted, or inaccessible
• that all content will be accurately moderated or compliant

Where liability cannot be excluded under applicable law (including the Australian Consumer Law), our liability is limited, at our option, to:

• resupplying the services, or
• the cost of resupplying the services

To the extent permitted by law, the total liability of Precious Moments for any claim arising out of or in connection with the platform is limited to the amount paid by you (if any) for the services in the 12 months preceding the claim.

Precious Moments is not responsible for any loss or damage caused by:

• third-party services (including hosting providers, payment processors, or integrations)
• unauthorised access to your account or content
• actions of other users or guests
• events beyond our reasonable control

12. Indemnity

You agree to indemnify and hold harmless Precious Moments, its owners, and affiliates from any claims, damages, liabilities, or expenses arising from:

• your content
• guest content uploaded to your album
• your use of the platform

13. Age Requirement

You must be at least 18 years old or have parental/guardian consent.

14. Changes to Terms

We may update these terms at any time. Continued use constitutes acceptance.

15. Governing Law

These terms are governed by the laws of Queensland, Australia.