Terms of Service

§ 1 Scope of Application

(1) Contracting Parties

These General Terms and Conditions (hereinafter "Terms") apply to all contracts between STHEOS UG (limited liability), Leopoldstraße 2-8, 32051 Herford (hereinafter "Provider" or "we") and the user (hereinafter "Customer" or "you") regarding the use of FlashUp Gallery Services.

(2) Validity

These Terms apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed to their validity.

(3) Consumers and Businesses

These Terms apply to both consumers and businesses. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.

§ 2 Service Description

(1) FlashUp Gallery Service

FlashUp is a digital service for creating and managing photo galleries for events. The service includes:

• Creation of a private online gallery
• Photo upload capability for customers and event guests
• QR code for easy gallery sharing
• Download functions for all photos (for the customer)
• Email notifications with access links
• Management of event information (title, date)

(2) Technical Requirements

To use the service you need:

• A stable internet connection
• A current web browser (Chrome, Firefox, Safari, Edge)
• A valid email address
• Permission to upload the photos used

§ 3 Contract Formation

(1) Order

The contract is concluded through your order on our website and our confirmation. By submitting the order, you make a binding offer to conclude a contract.

(2) Payment Processing

Payment is made through our payment service provider Stripe. We accept your offer when redirected to the payment provider. The contract is concluded upon successful payment processing.

(3) Contract Language

The contract language is English. You will receive confirmation by email after successful contract conclusion.

§ 4 Prices and Payment Terms

(1) Prices

The prices stated on our website at the time of ordering apply. All prices are final prices including statutory VAT.

(2) Payment Methods

Payment is made through our payment service provider Stripe. The following payment methods are available:

• Credit card (Visa, Mastercard, American Express)
• SEPA direct debit
• Other payment methods supported by Stripe

(3) Due Date

The invoice amount is due immediately upon conclusion of the contract.

§ 5 Service Provision and Usage

(1) Service Provision

After successful payment, you will be sent a QR code and direct link to your private gallery by email. The gallery is available to you immediately after receipt of payment.

(2) Usage Duration

The gallery is available to you for 6 months after the event date. We reserve the right to delete galleries that violate these Terms.

(3) Your Obligations

You commit to:

• Only upload photos for which you have the appropriate rights
• Not use any illegal, offensive or pornographic content
• Not misuse the gallery for commercial purposes
• Treat the QR code and access link confidentially
• Inform us of technical problems or misuse

§ 6 Warranty and Liability

(1) Warranty

We warrant that the service essentially corresponds to the service description. For consumers, statutory warranty rights apply.

(2) Availability

We strive for 99% availability on annual average. Maintenance work and technical disruptions may lead to temporary interruptions.

(3) Limitation of Liability

Our liability is limited to:

• Intent and gross negligence
• Damage from injury to life, body or health
• Damage from breach of essential contractual obligations

§ 7 Data Protection and Copyright

(1) Data Protection

The protection of your personal data is important to us. Details on data processing can be found in our Privacy Policy.

(2) Copyright and Image Rights

You warrant that you possess the necessary rights for all uploaded photos. This includes both copyrights and personality rights of depicted persons.

§ 8 Right of Withdrawal for Consumers

Withdrawal Instructions

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.

§ 9 Final Provisions

(1) Applicable Law

German law applies, excluding UN sales law. For consumers, this choice of law only applies insofar as it does not override mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) Jurisdiction

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