Salgs- og leveringsvilkår

Last updated: 20 August 2026

This is a courtesy translation. The contractual language is German; in case of any discrepancy, the German version prevails.

1. Scope and provider

These Terms and Conditions govern every contract for the use of the momentum.photo service between you and:

Marc Breuer
Am Altengraben 23
90768 Fürth
Germany
E-mail: [email protected]
Phone: +49 (0) 911 976912-0
VAT ID: DE257786239

(hereinafter "we" or "us").

We provide our services exclusively on the basis of these Terms. Deviating or supplementary terms do not become part of the contract unless we have expressly agreed to them in text form.

A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (section 13 German Civil Code). A trader is anyone acting in the course of their trade, business or profession (section 14 German Civil Code). Some clauses apply only to one of these groups; this is stated where it applies.

2. Definitions

• Event: the occasion you book the service for, for example a wedding, a birthday or a company party. The event is the unit that is billed.
• Album: the area reachable via a link or QR code where media are collected and displayed. Depending on your plan, an event may have several albums.
• Guest: anyone who opens your album via the link. Guests do not need an account of their own.
• Host and co-hosts: you as the owner of the event, plus the people you invite to your event with full rights.
• Media: the photos and videos stored in an album.

3. User account and formation of contract

3.1 Registering an account is free of charge. There is no entitlement to registration. Your details must be accurate and complete, and you keep them up to date in your account, in particular your e-mail address.

3.2 Creating and setting up an event, and using it within the free trial (clause 5), does not create any payment obligation.

3.3 A paid contract for an event is only concluded once you select a plan in the dashboard, submit the order in a binding manner via the correspondingly labelled button, and we accept that order. Unlocking the event or confirming your order in text form also constitutes acceptance. Before that step no payment obligation arises, in particular not through registration, creating an event, or uploading media during the trial.

3.4 Before submitting your order you can review and correct your entries at any time or abandon the process.

3.5 After the contract is concluded we send you a confirmation in text form by e-mail containing these Terms and, if you are a consumer, the withdrawal notice. We do not archive the contract text beyond that e-mail, so please keep it. The key details of your event remain visible in your dashboard, and your invoices under "My invoices".

3.6 The contractual language is German. Translations of these Terms are for your information only; the German version prevails.

4. Our services

4.1 For the duration of the booked term we provide you with a web-based photo and video album for your event. Your guests reach the album via a link or QR code, without an account of their own, and can, to the extent you have enabled it, upload, view, comment on and download media.

4.2 Which features, which term, which upload period (clause 7.2), how many albums and which file sizes your plan includes follows from the plan overview on our pricing page in the version valid at the time of your order. That description forms part of the contract.

4.3 We owe you the provision of the service as described, not a particular outcome for your event, and not a particular number or quality of the media contributed by your guests.

4.4 We aim for an availability of 99 % on annual average. Excluded are periods of planned maintenance, which we announce where possible and schedule at off-peak times, as well as disruptions beyond our control (in particular outages at network operators, data centres or the providers we use, and force majeure).

4.5 We develop the service continuously and may add or technically alter features as long as the contractually owed scope is preserved. Towards consumers, changes going beyond what is necessary to maintain conformity are made only under the conditions of section 327r German Civil Code; the right of termination provided for there remains unaffected.

4.6 The service is not an archive and does not replace your own backup. We operate the service with customary care and redundant storage, but we do not owe you permanent retention of your media beyond the term. Keep your own copies of your photos and videos, at the latest via the archive under clause 7.

5. Free trial

5.1 You can create and set up your event free of charge. The first ten media items (photos and videos counted together) are free. Only with the eleventh item does the event become chargeable.

5.2 Once that threshold is reached, further uploads are blocked until the event has been paid for and unlocked. Media already uploaded remain accessible during that time. Even then, a payment obligation only arises with your order under clause 3.3.

5.3 For reasons of data minimisation, we delete events that remain permanently in the trial and are neither edited nor receive new media over a period of twelve months, including the media stored in them.

6. Prices, taxes and payment

6.1 The prices shown to you during the order process apply. The price is a one-off payment per event. This is not a subscription: there is no recurring charge and no automatic renewal.

6.2 Towards consumers, all prices are final prices including statutory VAT. Traders with a valid VAT identification number are billed net: within the European Union outside Germany under the reverse charge procedure (the recipient owes the tax), outside the European Union as a non-taxable supply. You are responsible for the accuracy of the details you provide, in particular country and VAT identification number; where details are incorrect, we may reclaim the tax incurred.

6.3 The payment methods shown during the order process are available to you, currently online payment via our payment service provider and bank transfer. The payment service provider's terms apply in addition to the processing carried out by them.

6.4 The amount is due immediately upon conclusion of the contract. Where you pay by bank transfer, we unlock your event as soon as the amount has reached us and been assigned to your event.

6.5 Voucher codes can only be redeemed during the order process and only before payment. They cannot be combined with other promotions, are not transferable, cannot be paid out and cannot be applied retroactively.

6.6 We make your invoice available electronically; you can download it in your dashboard. By concluding the contract you consent to electronic invoicing.

6.7 If you default on payment, the statutory provisions apply.

7. Term, upload period, expiry and archive

7.1 The term of your plan does not start with payment but with first genuine use, the eleventh media item in your event. Booking long before the celebration therefore costs you no term. Irrespective of this, the term ends no later than 24 months after payment, even if the event has not been used by then.

7.2 In addition to the term there is an upload period: the period during which your guests can add new photos and videos to your event. It starts with the same event as the term, the eleventh media item, and lasts 30, 90 or 180 days depending on your plan; the duration applicable to your plan follows from the plan overview under clause 4.2. The upload period applies to the entire event, that is, across all albums.

7.3 Once the upload period has ended, guests can no longer add media and no further albums can be created. The album itself remains reachable for the rest of the term: viewing, commenting, sharing and downloading remain unchanged. As the host you can still upload media yourself after the upload period has ended.

7.4 Before the upload period ends we remind you by e-mail, as a rule one week beforehand. You can extend the upload period once per event by 30 days free of charge. Any further extension is subject to a charge; its duration and price are shown to you before you order. A paid extension is a separate contract for an additional service; these terms and the right of withdrawal under clause 14 apply to it accordingly. The upload period never ends later than the term.

7.5 Before the term ends we remind you by e-mail at the address stored in your account, as a rule four weeks, one week and two days beforehand.

7.6 When the term expires, the album is no longer reachable for guests. We build a complete ZIP archive from all uploaded original files and send you a personal download link for it. That link is valid for four weeks.

7.7 After those four weeks the event, all media and the archive are deleted permanently and irretrievably. Download your archive in good time and keep it yourself.

7.8 Events that have not been paid for are deleted four weeks after their term expires, without an archive.

7.9 Because the contract ends when the term expires, no termination is required. You can delete your event yourself at any time; fees already paid are not refunded as a result. Your right of withdrawal under clause 14 remains unaffected.

8. Your obligations and the content in your album

8.1 You are responsible for the content stored in your event, including content contributed by your guests and co-hosts. We do not review content in advance.

8.2 You warrant that you and the people you grant access to hold the necessary rights to the uploaded media, and that the people depicted consent to publication in the album. For images of children you obtain the consent of those with parental responsibility.

8.3 The following are not permitted in particular: unlawful, harmful-to-minors, insulting, hateful, violence-glorifying or pornographic content; content infringing third-party rights; malware; circumventing technical protection measures; automated mass access; and using the service as general file or backup storage unrelated to an event.

8.4 The album link and the QR code are the access to your album: whoever holds them sees the content. Pass them only to the intended circle of guests. You are responsible for passing them on and for the people to whom you grant access.

8.5 Keep your credentials safe and do not share them. Notify us without undue delay if you have any indication of misuse.

8.6 If a third party brings a claim against us because of content from your event, you indemnify us against those claims and the costs of a reasonable legal defence, to the extent you are responsible for the underlying breach of duty.

9. Rights in the media

9.1 All rights in the uploaded photos and videos remain with you or your guests. We acquire no ownership or exploitation rights in them.

9.2 You grant us only the non-exclusive right, limited to the term and purpose of the contract, to store the media, process them technically (for example converting them into web-ready formats, generating previews or applying a photo look you have selected) and display them to the authorised viewers of your album.

9.3 We do not use your media for advertising, do not use them to train artificial-intelligence systems and do not pass them on to third parties. This does not apply to the service providers we use to perform the contract, which we name in our privacy policy.

10. Data protection and processing on your behalf

10.1 How we process personal data is set out in our privacy policy.

10.2 Where we process your guests' personal data on your behalf (this concerns in particular the content of your album), you are the controller within the meaning of Art. 4(7) GDPR and we are your processor. In that respect our data processing agreement under Art. 28 GDPR applies in addition; it becomes part of this contract when the contract is concluded.

11. Blocking and termination for cause

11.1 In the event of a material breach of clause 8 we may remove individual content, block an album or terminate the contract for cause. Beforehand we will ask you to remedy the matter and set a reasonable deadline, unless that is unreasonable for us in the individual case, for example in the case of manifestly criminal content, or where third parties would otherwise face significant harm.

11.2 If we terminate for a reason for which you are responsible, there is no claim to a refund of fees already paid. In all other cases of termination by us we refund the portion attributable to the unused remainder of the term.

11.3 The right of either party to terminate for cause otherwise remains unaffected.

12. Defects

The statutory provisions apply. For consumers, sections 327 et seq. German Civil Code on contracts for digital products apply in particular, including the update obligation set out there.

13. Liability

13.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulent concealment, within the scope of a guarantee we have assumed, and under the German Product Liability Act.

13.2 In the case of simple negligence we are liable only for the breach of a material contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the foreseeable damage typical for this type of contract.

13.3 Any further liability is excluded.

13.4 For loss of data we are liable under the above paragraphs only up to the amount that would have been incurred for restoration had you carried out proper and regular backups (see clause 4.6).

13.5 The above limitations also apply in favour of our legal representatives and vicarious agents.

14. Right of withdrawal

If you are a consumer, you have a statutory right of withdrawal. The details and the model withdrawal form are set out in our withdrawal notice. Traders have no right of withdrawal.

15. Changes to these Terms

A contract already concluded is governed by the version of these Terms incorporated when it was concluded. Changes to these Terms affect only contracts concluded thereafter.

16. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.

17. Final provisions

17.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer with your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected.

17.2 If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.

17.3 Declarations in connection with this contract require at least text form. The e-mail address in your account is the agreed channel of communication.