Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Kodecraft ("Kodecraft", "we", "us", or "our") governing your access to and use of Momently, including our website, applications, and related services (collectively, the "Service").

Momently is a product of Kodecraft. By creating an account, purchasing an event, uploading content, or otherwise using the Service, you agree to these Terms. If you do not agree, you must not use the Service.

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account and purchase event albums. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

Guests who upload photos without an account do so at the direction of the event host and subject to these Terms and our Acceptable Use Policy.

Momently enables event hosts to create private event albums accessible via a unique link or QR code. Guests may upload and view photos without creating an account. Key features include:

• Private event albums with customisable titles and banners
• QR code generation for easy guest access
• Real-time shared photo galleries
• Multi-photo uploads from mobile devices
• 90-day album access from the date of event creation

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

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us immediately at hello@kodecraft.co.za of any unauthorised access.

You agree to provide accurate, current, and complete registration information and to keep it updated.

Momently operates on a pay-per-event model. Each event album purchase grants one event credit, currently priced at R99.00 (ninety-nine South African Rand) per event unless otherwise stated at the time of purchase. Prices are subject to change; changes will not affect credits already purchased.

Payments are processed by Paystack. By making a purchase, you agree to Paystack's terms and conditions. We do not store your full payment card details.

Refunds: Event credits are digital products. Refunds may be issued at our sole discretion if:

• A technical failure on our part prevented you from using a purchased credit
• You request a refund within 14 days of purchase and have not yet created an event using that credit

No refunds are provided for event albums that have been created, used, or after the 14-day period, except where required by applicable consumer protection law.

As an event host, you agree that you:

• Are solely responsible for how you share your event link or QR code
• Will inform guests that photos uploaded to your event may be visible to other guests with access
• Will obtain all necessary consents from guests and identifiable individuals in photos, as required by POPIA and other applicable laws
• Will not use the Service for unlawful events or purposes
• Are responsible for the content uploaded to your event album by you and your guests

You and your guests retain ownership of photos and content you upload ("User Content"). By uploading User Content, you grant Kodecraft a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and distribute that content solely for the purpose of operating and providing the Service (including making content available to authorised event participants).

This licence ends when User Content is deleted from the Service in accordance with our retention policy, except where retention is required by law or for legitimate backup/disaster recovery purposes for a limited period.

You represent and warrant that you have all necessary rights to upload User Content and grant the licence above, and that User Content does not violate any third-party rights or applicable law.

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Prohibited conduct includes uploading illegal content, infringing copyright, harassment, malware, and other harmful activity.

We may remove content or suspend accounts that violate these Terms or our policies, without prior notice where necessary.

The Service, including its design, software, logos, trademarks, and documentation (excluding User Content), is owned by Kodecraft and protected by intellectual property laws. You may not copy, modify, distribute, reverse engineer, or create derivative works of the Service without our written permission.

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

The Service integrates with third-party providers including Supabase (hosting and storage) and Paystack (payments). Your use of those services may be subject to their respective terms. We are not responsible for third-party services beyond our reasonable control.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that photos will be preserved indefinitely, that guests will upload content, or that the Service will meet your specific requirements. Event albums expire after 90 days unless we state otherwise.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KODECRAFT AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) R500 (FIVE HUNDRED SOUTH AFRICAN RAND).

Some jurisdictions do not allow certain limitations of liability. In such cases, our liability is limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Kodecraft and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• User Content you or your guests upload
• Your violation of these Terms or applicable law
• Your infringement of any third-party rights
• Your failure to obtain required consents from event guests

You may close your account at any time by contacting us. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms.

Upon termination, your right to use the Service ceases. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive termination.

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa, and you consent to such jurisdiction.

Before initiating formal proceedings, you agree to contact us at hello@kodecraft.co.za to attempt to resolve the dispute informally.

We may update these Terms from time to time. Material changes will be posted on this page with an updated date. Continued use of the Service after changes constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service.

Kodecraft (Momently)
Email: hello@kodecraft.co.za