Selfish Software Ltd. - Terms of Service

Last updated: July 18, 2025

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "User"), and Selfish Software Ltd. ("Selfish," "we," "us," or "our"), concerning your access to and use of the selfish-events.com website and our related web applications and services (collectively, the "Service").

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS; AND (B) REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.

2. DEFINITIONS

  • "Event Host": The individual or entity (e.g., photographer, corporation, event organizer) who creates an account, purchases a subscription, uploads User Content, and is the Data Controller of such User Content.
  • "Guest": The end-user who accesses a specific event to view photos of themselves.
  • "User Content": All data, including text, photos, images, and videos, uploaded to the Service by an Event Host.

    • 3. THE SERVICE

    Selfish provides a platform for Event Hosts to upload User Content and for Guests to receive personalized photo galleries. We are a technology provider and platform. We do not create, upload, own, or control the User Content.

    4. EVENT HOST OBLIGATIONS & WARRANTIES

    As an Event Host, you are solely and exclusively responsible for your use of the Service and your User Content. You represent, warrant, and covenant that:

  • Lawful Basis for Processing: You have obtained all necessary rights, licenses, and legally valid consents required by any applicable law (including GDPR, CCPA, and BIPA) from every individual depicted in your User Content to upload their image and have it processed by our Service. This includes, specifically, the right to have their image subjected to facial analysis for the creation of a biometric identifier and for that identifier to be stored by us for the duration of the event (up to one year) for the purpose of providing the Service. This is your sole responsibility.
  • Ownership and Rights: You own or have the unrestricted right to use and grant Selfish the licenses required to operate the Service as described herein. Your User Content does not and will not infringe upon or violate the rights of any third party, including intellectual property, privacy, publicity, or other personal or proprietary rights.
  • Compliance with Laws: Your use of the Service will comply with all applicable laws, rules, and regulations in your jurisdiction and the jurisdictions of your Guests.
  • User Content License: You retain ownership of your User Content. However, you grant Selfish a limited, non-exclusive, royalty-free, worldwide license to host, copy, process, transmit, and display your User Content solely as necessary for us to provide the Service in accordance with this Agreement.

    • 5. GUEST CONSENT & ACKNOWLEDGEMENT

    As a Guest, your use of the Service is at your own risk and subject to the terms set by the Event Host. By uploading your selfie, you are providing your explicit consent and a written release for us to process your biometric data for the sole purpose of finding your photos from one specific event, as detailed in our AI & Biometric Data Policy. Your selfie is deleted immediately after this process.

    6. INDEMNIFICATION

    This is a critical clause for your protection.

    You (the Event Host) agree to indemnify, defend, and hold harmless Selfish and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from: (a) your User Content; (b) your breach of any representation, warranty, or obligation under these Terms; (c) your violation of any applicable law or the rights of any third party, including any individual's privacy or intellectual property rights.

    Selfish reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

    7. DISCLAIMER OF WARRANTIES

    THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELFISH DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.

    8. LIMITATION OF LIABILITY

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

    UNDER NO CIRCUMSTANCES WILL SELFISH'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICE, EXCEED THE GREATER OF (1) THE FEES PAID BY YOU TO SELFISH IN THE 6 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (2) $100.

    9. GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms shall be governed by the laws of [Your Jurisdiction, e.g., the State of Delaware, USA], without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved through binding arbitration in [Your City, e.g., Wilmington, Delaware].

    10. CONTACT US

    For any questions, please contact Selfish Software Ltd. at info@selfish-events.com.

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