Terms of Use

Last Updated: January 25, 2025

Welcome to Partycipate ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the Partycipate mobile application and website (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Acceptance of Terms

By downloading, installing, accessing, or using Partycipate, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Partycipate.

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, and "you" will refer to both you and the organization.

2. Description of Service

Partycipate is a platform that enables users to discover, create, and participate in events, and to share and collect photos in real-time at those events. Our Service includes:

  • Event discovery and creation tools
  • Real-time photo sharing and collection at events
  • Group photo albums for events
  • Location-based event recommendations
  • Event invitations and attendee management
  • Push notifications for event updates
  • Subscription plans with enhanced features

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Eligibility and Account Registration

Age Requirement: You must be at least 13 years old to use Partycipate. If you are under 18, you represent that you have obtained parental or guardian consent to use the Service.

Account Creation: To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You may use third-party authentication services (such as Apple Sign In) to access the Service, subject to those services' terms and conditions.

4. User Content and Conduct

4.1 User-Generated Content

You retain ownership of all content you create, upload, post, or share through the Service, including but not limited to events, photos, descriptions, and comments ("User Content"). By submitting User Content, you grant Partycipate a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.

You represent and warrant that:

  • You own or have the necessary rights to all User Content you submit
  • Your User Content does not infringe any third-party rights, including intellectual property, privacy, or publicity rights
  • You have obtained all necessary permissions and consents from individuals appearing in photos you upload
  • Your User Content complies with all applicable laws and regulations

4.2 Prohibited Content and Activities

You agree not to use the Service to:

  • Upload, post, or share content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially or ethnically objectionable
  • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
  • Upload, post, or share content that contains viruses, malware, or other harmful code
  • Violate any applicable local, state, national, or international law
  • Collect or store personal data about other users without their express permission
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without our express written permission
  • Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  • Upload content that violates the privacy or rights of others, including unauthorized photos of individuals
  • Spam, phish, or engage in any form of unsolicited communication

4.3 Content Moderation

We reserve the right, but are not obligated, to review, monitor, edit, or remove any User Content at any time, for any reason, without notice. We may remove content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. However, we do not assume any responsibility or liability for User Content or for any loss or damage resulting from User Content.

5. Subscription Plans and Payments

5.1 Subscription Tiers

Partycipate offers multiple subscription tiers:

  • Free: Limited features including 5 events per month, basic support, and standard quality photos
  • Pro: $9.99/month - Unlimited events, priority support, HD quality photos, and analytics
  • Premium: $19.99/month - Unlimited events, 24/7 support, 4K quality photos, advanced analytics, and custom branding

5.2 Payment Terms

Subscriptions are billed through Apple's App Store or Google Play Store (when available) in accordance with their respective payment terms. By purchasing a subscription, you agree to pay the applicable fees as displayed at the time of purchase.

Automatic Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

Price Changes: We reserve the right to change subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewal periods.

5.3 Cancellation and Refunds

You may cancel your subscription at any time through your device's subscription settings (iOS Settings or Google Play Store). Cancellation takes effect at the end of the current billing period, and you will continue to have access to premium features until that time.

Refunds: Refund requests are handled in accordance with Apple's App Store and Google Play Store refund policies. Generally, refunds are available within 48 hours of purchase. To request a refund, contact Apple Support or Google Play Support directly.

We do not provide refunds for partial subscription periods, except as required by law or at our sole discretion.

6. Credits and Event Creation

Creating events on Partycipate requires credits. Credits may be provided as part of your subscription plan or purchased separately. Credits are non-transferable and have no cash value. We reserve the right to modify the credit system, including the number of credits required to create events, at any time.

Unused credits do not expire unless otherwise specified, but we reserve the right to implement expiration policies with reasonable notice.

7. Location Services

Partycipate uses location services to provide location-based event discovery and to allow you to set event locations. By using the Service, you consent to the collection and use of your location data as described in our Privacy Policy.

You can control location permissions through your device settings. Disabling location services may limit certain features of the Service.

8. Intellectual Property Rights

The Service, including its original content, features, and functionality, is owned by Partycipate and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Partycipate name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Partycipate or its affiliates. You may not use such marks without our prior written permission.

You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

9. Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Partycipate. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party services.

You acknowledge and agree that Partycipate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party services.

11. Disclaimers and Limitations of Liability

11.1 Service Availability

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

We do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant or make any representations regarding the use or the results of the use of the Service in terms of correctness, accuracy, reliability, or otherwise.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PARTYCIPATE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PARTYCIPATE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

IN NO EVENT SHALL PARTYCIPATE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO PARTYCIPATE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

You agree to defend, indemnify, and hold harmless Partycipate, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content other than as expressly authorized in these Terms, or your use of any information obtained from the Service.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or delete the application from your device.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Partycipate operates, 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 support@partycipate.pro. We'll try to resolve the dispute informally within 60 days.

Binding Arbitration: If we cannot resolve the dispute informally, you and Partycipate agree to resolve any claims relating to these Terms or the Service through final and binding arbitration, except as set forth below. The arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association (AAA) or similar arbitration service.

16. Apple-Specific Terms

If you downloaded the Service from the Apple App Store, the following additional terms apply:

  • These Terms are between you and Partycipate only, not with Apple. Apple is not responsible for the Service or its content.
  • Your use of the Service must comply with Apple's App Store Terms of Service.
  • Apple has no obligation to furnish any maintenance and support services for the Service.
  • If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
  • Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service.
  • Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service infringes that third party's intellectual property rights.
  • You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

17. General Provisions

17.1 Entire Agreement

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

17.2 Waiver and Severability

No waiver by Partycipate of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

17.3 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

17.4 Force Majeure

We will not be liable for any failure or delay in performance under these Terms which is due to earthquake, fire, flood, act of God, act of war, terrorism, epidemic, pandemic, labor dispute, civil commotion, interruption in telecommunications or internet services or network provider services, failure of third-party equipment or software, or other causes which are beyond our reasonable control.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@partycipate.pro
Website: https://partycipate.pro

By using Partycipate, you acknowledge that you have read these Terms of Use and agree to be bound by them.