Terms of use.

These terms govern use of the Komos service available on komos.ca (the "Service"). They are addressed mainly to the organizer ("host"). Guests do not have an account. Their use is described in the guest terms.

By creating a host account, paying for an event, clicking "I accept" or equivalent wording, or using the Service, you accept these terms and the privacy policy, which forms part of them. A click or a checked box on the Service has the same value as a handwritten signature, to the extent permitted by law.

By using the Service as a host, you declare that you are at least 18 years of age (the age of majority in Québec), that you have the capacity to enter into a contract, and, if you are acting for an organization, that you are authorized to bind it. Host accounts are not intended for minors.

Komos allows a host to create an event, to obtain a QR code and a link, and to gather photos and videos sent by guests from their phones, with no app to install and no guest account. The host can view a gallery, a live wall, hide or delete media, and, once the event is paid, export the originals (ZIP), download a QR poster and, where applicable, export guestbook messages.

We may evolve features, provided this does not prevent a host who has already paid from exporting the originals of that event for as long as we retain them.

The host area is reserved for organizers. You must provide accurate information and keep it up to date. You are responsible for the confidentiality of your credentials and for any activity carried out through your account (including through Google), whether you authorized it or failed to prevent access to it.

Guests do not have a Komos account. You are responsible for how you share the QR and the link (tables, text message, email, screen). Anyone who has the link may, depending on the event settings, send media or view the gallery.

Full activation of a paid event is done by a single payment in Canadian dollars ($85 CAD), processed by Stripe. A limited free trial (media and guests) may precede payment. Applicable taxes are those indicated at the time of payment. The price charged is the one displayed in Stripe Checkout at the time you confirm.

You declare that you have the right to use the payment method, and that the information provided is accurate. We may transmit to Stripe the data necessary to process the payment. If the issuer refuses authorization, the event is not activated as paid. A promo code, if one is offered, applies according to its own terms; only one code per payment.

We may refuse or cancel an order before activation in the event of suspected fraud, an unauthorized transaction, or a manifest price error. In that case, if a charge was made, it is refunded. Once the event is paid and activated, payments are not refundable, except where a contrary legal obligation applies.

Once the event is paid, the ZIP of the originals remains downloadable. Custom options (several events, or use outside the usual scope) may be the subject of a written quote. In the event of a discrepancy, the quote prevails over these terms, except for mandatory consumer rights and the right to export originals already paid for.

The paid event plan allows guests to send photos and videos with no cap displayed, within normal event use: a private, family or association event (wedding, party, meeting, celebration). References to "unlimited" on the Service are understood subject to this fair use policy.

The following, among other things, is not fair use: bulk storage unrelated to an event, use of the Service as a CDN or professional archive, resale of bandwidth, or an unusual gathering (festival, stadium, public broadcast on a large scale). In those cases, or in the event of abusive use, we may limit or suspend new uploads, and offer a quote. The gallery and, where applicable, the ZIP of the files of an event already paid for remain available under these terms. We do not charge usage fees beyond the plan: if a limit is required, uploads stop.

The prices, descriptions and availability displayed may contain errors. We may correct them. That does not authorize withholding the originals of an event already paid for at the price displayed at Checkout.

The Service, the name Komos, the logos, text, layouts, software and other elements that we publish remain our property or that of our licensors. Access to the Service does not transfer to you any right in those elements, except the limited licence below.

We grant you a personal, non-exclusive and non-transferable licence to use the dashboard, the QR, the event link and, if the event is paid, the PDF poster, solely to organize your event through Komos. You may not copy, sell, sublicense, extract the code, reverse engineer, or operate the Service as if it were your own, without our written agreement.

Photos, videos and messages remain the property of their authors or of the host, according to the agreements between them. Komos does not claim ownership of guest media and does not use it for advertising, or to train a facial recognition AI model.

To provide the Service, you grant us, and you promise that the guests grant us, a worldwide, non-exclusive licence free of charge, to host, copy, transfer, display and process this content, solely for the purpose of offering the Service: storage, thumbnails or display versions, gallery, live wall, ZIP export and guestbook for the host, and recourse to our technical subcontractors. This licence ends when the content is deleted from the Service, subject to temporary backup copies.

The host warrants: (i) having the right to collect this content and to have it displayed for the event; (ii) that sharing the QR or the link is compatible with the expectations of the people photographed or filmed; (iii) that guest information the host sends us (names, messages, faces in the media) may be processed as described in the privacy policy. The host may hide or delete a media item. We may remove content or limit an event in the event of abuse, illegality or risk to other people.

It is prohibited to use the Service, among other things, for:

• any content that is illegal in Canada or in Québec;
• sexual exploitation of minors, or any sexual image involving a minor;
• intimate or sexual images distributed without the consent of the people concerned;
• hate, harassment, threats, or advocacy of violence or of terrorism;
• infringing the copyright, privacy or other rights of a third party;
• hacking, bulk extraction of user data, sending spam, introducing malware, or harming the operation of the Service;
• impersonating Komos or another user;
• circumventing a storage cap, a trial, a payment or a security measure.

The list is not exhaustive. A breach may result in removal of the content, suspension of the account and, if the law so requires, a report to the authorities. A refund is not owed solely by reason of a suspension for prohibited use, except where a contrary legal obligation applies.

To report illegal content or a copyright infringement, write to info@komos.ca and state the URL or code of the event, a description of the content concerned, your contact details, and why you believe in good faith that the content should be removed. We review the report and may hide or remove the content.

A baseless report made in bad faith may engage your liability. We do not decide disputes between the host, guests and rights holders: we may only remove or hide a media item on the Service.

The Service is provided "as is" and "as available". We aim for reliable operation on the day of the event, without guaranteeing uninterrupted availability, the absence of viruses, or that no data will ever be lost. Maintenance or incidents at our providers (hosting, storage, payment) may occur.

We may make technical backups; they do not constitute a guarantee of restoration. If the event matters to you, export the ZIP as soon as it is available and keep an independent copy. The host remains responsible for keeping the originals.

The Service or our communications may point to third party sites (payment, help, social networks). Unless stated otherwise, we do not endorse those sites and we are not responsible for them.

If you send us a suggestion for improvement, you authorize us to use it to evolve the Service, without a royalty. If you send us a testimonial, we may publish it with your first name, unless you ask us not to. We do not publish photos from an event for marketing purposes without written permission.

To the extent permitted by law, you agree to indemnify Komos and the people who operate it (including officers and employees) against claims by third parties, including guests, arising from: the content of your event; your sharing of the QR or the link; your breach of these terms; or an infringement of the rights of others (copyright, image, privacy). This indemnification covers damages and reasonable legal fees. It does not apply to the extent the harm results from our gross or intentional fault.

Nothing in these terms excludes a liability that the law of Québec or Canadian law prohibits us from excluding, including in the case of gross or intentional fault, or mandatory consumer rights.

Subject to that reservation, Komos is not liable for indirect damages, loss of profit, loss of data beyond our reasonable obligations, outages attributable to a provider, or disputes between the host, guests and people appearing in the media. Our total liability related to the Service is limited, where applicable, to the amount you paid for the event concerned over the previous twelve months.

You may stop using the Service at any time. We may suspend or close access in the event of a breach of these terms, prohibited content, a security risk, or failure to pay. We may remove the content concerned rather than the entire event when that is reasonable.

If we were to discontinue the Service, we would aim to leave paying hosts a reasonable period to export the ZIP, to the extent the files still exist. Closing guest uploads, the end of the trial, or a limit on uploads for fair use does not take away from a paying host the right to export originals already acquired.

Clauses that must survive (intellectual property, the hosting licence for copies still required, indemnification, limitation of liability, applicable law) survive the end of access.

We may assign or subcontract our rights and obligations (for example in the event of a business transfer). You may not assign your account without our written agreement.

These terms, the privacy policy, the guest terms (for the guest path) and, where applicable, a Custom quote, form the entire agreement. If a clause is invalidated, the others remain in force. Not exercising a right once does not waive it for the future.

These terms are governed by the laws of the Province of Québec and the federal laws of Canada that apply there. In the event of a disagreement, contact us first at info@komos.ca in order to seek a solution in good faith. Failing that, the competent courts of Québec have jurisdiction, subject to mandatory consumer rights.

We may update these terms. The date at the top of the page indicates the version in force. Continued use of the Service after publication constitutes acceptance of changes that are not essential. For a major change, we will seek to inform hosts (the account email or a notice on the Service).

Questions: info@komos.ca.