Terms of Service

1. Agreement to Terms

By downloading, accessing, or using the Flashback application, iOS App Clip, web application, or any related services (collectively, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. Users between 13 and 18 must have parental or guardian consent where required by local law. We do not knowingly permit children under 13 to create accounts.

3. Accounts

3.1 Account Creation

You may sign in using Apple ID or Google Account. You are responsible for maintaining the confidentiality of your account and for all activity that occurs under it.

3.2 Account Responsibility

You agree to:

• Provide accurate information when prompted.
• Notify us immediately if you suspect unauthorized access to your account.
• Not share your account credentials with others.

3.3 Account Deletion

You may delete your account at any time within the app at Profile → Account & login → Delete account (also accessible under Privacy & data). Deletion is subject to the retention periods described in our Privacy Policy. You may also request deletion by emailing privacy@myflashback.app.

4. Acceptable Use

You agree not to use the Service to:

• Upload, share, or distribute content that is illegal, defamatory, obscene, threatening, or violates any applicable law.
• Impersonate any person or entity, or falsely state your affiliation with any person or entity.
• Upload content that infringes the intellectual property, privacy, or other rights of any third party.
• Harass, bully, or harm other users.
• Introduce malware, viruses, or other harmful code.
• Attempt to gain unauthorized access to any part of the Service or its infrastructure.
• Reverse-engineer, decompile, or disassemble the Service, except as permitted by law.
• Use the Service for any commercial purpose not expressly authorized by us.

Violation of these rules may result in immediate account suspension or termination without notice.

5. Content and Intellectual Property

5.1 Your Content

You retain full ownership of photos and other content you upload to the Service (“Your Content”). By uploading Your Content, you grant Flashback a limited, non-exclusive, royalty-free, worldwide license to store, display, and transmit Your Content solely as necessary to operate the Service (e.g., displaying photos to roll participants, generating print orders with Gelato). This license terminates when you delete the relevant roll or your account.

5.2 Responsibility for Content

You are solely responsible for Your Content. You represent and warrant that you have all necessary rights to upload Your Content and that it does not violate any law or third-party rights.

5.3 Flashback Content

All other content, trademarks, logos, and software that are part of the Service are owned by or licensed to Flashback and are protected by intellectual property laws. You may not use our trademarks without written permission.

5.4 Copyright Complaints

If you believe content on the Service infringes your copyright, please contact us at legal@myflashback.app.

6. Pricing and Payments

6.1 Free Tier

The free tier allows unlimited events with up to 3 participants per event, at no charge.

6.2 Paid Event Tiers

To host an event with more than 3 participants, you purchase a one-time event tier at the time of event creation. Tiers are consumable (not subscriptions) and are locked to the event at purchase. To host a larger event you create a new event with the appropriate tier.

Prices are in USD, tax-inclusive where required, and may vary by locale. Displayed pricing at checkout is final. Custom pricing may be available for large or commercial events; contact support@myflashback.app.

6.3 Payment Rails

On iOS and Android, event tiers are purchased as in-app purchases through Apple App Store or Google Play (processed by Apple or Google respectively; receipt validation by RevenueCat). On the web, payments are processed by Stripe. We do not store your payment card details.

6.4 Refunds — Event Tiers

All event-tier purchases are final and non-refundable once the event is created, except where required by applicable law (for example, the 14-day right of withdrawal under EU consumer law where no digital content has been accessed). To request a refund under applicable law, contact support@myflashback.app with your transaction ID within 14 days of purchase.

7. Print Orders

7.1 Ordering and Fulfillment

You may order physical prints of photos from a roll through the Service. Print orders are one-off purchases processed via Stripe on the web. Orders are fulfilled and shipped by our third-party print partner, Gelato. By placing a print order you authorize Flashback to transmit your selected photos and your shipping address (name, address, city, postcode, country) to Gelato for production and delivery.

7.2 Pricing and Shipping

Prices and estimated shipping times are displayed at checkout. Shipping costs vary by destination and carrier. Displayed prices are final at checkout.

7.3 Returns and Refunds

Because prints are personalized products, all print sales are final and non-refundable unless the product arrives damaged or materially defective. If you receive a defective or incorrect print, contact support@myflashback.app within 14 days of delivery with a photo of the defect and your order ID; we will, at our discretion, issue a replacement or a refund.

7.4 Order Cancellation

Print orders cannot be cancelled once submitted for production.

8. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or free of harmful components.

We are not responsible for:

• Loss or corruption of photos uploaded to the Service (we encourage you to keep originals).
• Actions or content of other users.
• Third-party services (Stripe, Supabase, Gelato, PostHog, Sentry, etc.) and their availability.
• Shipping delays or losses by carriers engaged by Gelato.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Flashback and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, any content obtained from the Service, or unauthorized access to or alteration of your data.

Our total liability to you for all claims arising from or relating to the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim or (b) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Flashback and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

11.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@myflashback.app and attempt to resolve the dispute informally for at least 30 days.

11.3 Binding Arbitration

Please read this section carefully — it affects your legal rights.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The seat of arbitration shall be in the State of Delaware, and proceedings will be conducted remotely or at a mutually agreed location.

Opt-out: You may opt out of binding arbitration within 30 days of first agreeing to these Terms by emailing legal@myflashback.app with your name and account email and the subject line “Arbitration Opt-Out.”

Class Action Waiver: You and Flashback each waive the right to a jury trial and to participate in any class action, class arbitration, or representative proceeding.

Exceptions: Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm. Small-claims court claims remain available for qualifying disputes. Claims of intellectual property infringement or misappropriation are also excluded from mandatory arbitration.

12. Termination

12.1 By You

You may stop using the Service at any time. Account deletion is covered in Section 3.3.

12.2 By Us

We may suspend or terminate your access to the Service at any time, with or without notice, if:

• You violate these Terms or our Acceptable Use policy.
• We are required to do so by law.
• We determine, in our sole discretion, that your continued access poses a risk to the Service or other users.

Upon termination, your right to use the Service ceases immediately. Sections 5, 8, 9, 10, and 11 survive termination (Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution).

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms at myflashback.app/terms.
• Sending an email to the address associated with your account (where feasible).
• Displaying an in-app notice.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms.

14. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flashback regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
• No Waiver: Failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
• Legal inquiries: legal@myflashback.app
• General support: support@myflashback.app