These Terms and Conditions ("Terms") govern your use of the mAlbum platform ("Service") operated by Bintree Software, India ("we", "us", or "our"). By accessing or using mAlbum at www.malbum.live or app.malbum.live, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
1. The Service
mAlbum is an AI-powered event photo delivery platform that allows photographers ("Photographers") to host event photos and enables event guests ("Guests") to find their photos using face recognition. The Service is offered in India and governed by Indian law.
2. Accounts & Registration (Photographers)
- You must be at least 18 years old and a professional or semi-professional photographer to create a Photographer account.
- You are responsible for keeping your login credentials secure. Any activity under your account is your responsibility.
- You must provide accurate and up-to-date information during registration.
- We reserve the right to suspend or terminate accounts that violate these Terms.
3. Photographer Responsibilities
- You are solely responsible for obtaining consent from all individuals whose photos you upload to mAlbum, in accordance with applicable law including India's DPDP Act 2023.
- You must not upload content that is illegal, obscene, defamatory, or infringes third-party intellectual property rights.
- You retain full ownership of all photos you upload. By uploading photos, you grant mAlbum a limited, non-exclusive licence to store, process, and display those photos solely for the purpose of delivering them to the intended guests.
- You are responsible for informing guests that face recognition is used at your events.
- You must not use mAlbum to distribute photos for commercial purposes beyond the scope of direct event delivery without appropriate consent from the subjects.
4. Guest Use
- Guests do not need to create an account. Access to event photos is granted via an event link shared by the Photographer.
- By taking a selfie on mAlbum, you consent to temporary face recognition processing to match you with your event photos.
- Photos accessed through mAlbum are for personal use only. Redistribution or commercial use of event photos without the Photographer's consent is prohibited.
5. Pricing & Payments
- mAlbum charges Photographers ₹0.10 (10 paisa) per photo delivered to a Guest.
- A photo is considered "delivered" when a Guest successfully views or downloads it through the platform.
- The first event is free up to the free-tier limit. Paid usage requires a valid payment method on file.
- All prices are in Indian Rupees (INR) and inclusive of applicable taxes unless stated otherwise.
- Payments are non-refundable once photos have been successfully delivered, except where required by law.
- We reserve the right to change pricing with 30 days' notice. Continued use after the notice period constitutes acceptance of new pricing.
6. Intellectual Property
- Photos uploaded by Photographers remain the intellectual property of the Photographer (or their clients, as agreed separately).
- The mAlbum platform, including its software, design, trademarks, and AI models, is owned by Bintree Software. You may not copy, reverse-engineer, or create derivative works from any part of the platform.
- "mAlbum" is a trademark of Bintree Software. You may not use our name or logo without written permission.
7. Prohibited Uses
You must not use mAlbum to:
- Upload photos of individuals without their knowledge or consent.
- Process or distribute photos of minors without verified parental or guardian consent.
- Attempt to identify individuals for surveillance, law enforcement, or any purpose other than personal photo retrieval.
- Circumvent, disable, or interfere with security features of the platform.
- Use automated tools, bots, or scrapers to access the platform.
- Upload malicious code, viruses, or any harmful content.
- Engage in any activity that violates applicable Indian law.
8. Uptime & Service Availability
We aim to maintain high availability but do not guarantee uninterrupted access. We may suspend the Service for maintenance, security, or other operational reasons. We will endeavour to provide advance notice for planned downtime where possible.
9. Limitation of Liability
To the maximum extent permitted by Indian law:
- mAlbum is provided "as is" without warranties of any kind, express or implied.
- We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Service.
- Our total aggregate liability to you shall not exceed the amount you paid us in the 3 months preceding the claim.
- We are not responsible for photos lost due to Photographer account closure, deletion, or events beyond our reasonable control (force majeure).
10. Indemnification
You agree to indemnify and hold harmless Bintree Software, its officers, employees, and partners from any claims, losses, or damages (including legal fees) arising from your violation of these Terms, your uploaded content, or your breach of any applicable law.
11. Termination
- You may close your Photographer account at any time by contacting us at support@malbum.live.
- We may terminate or suspend your account immediately for breach of these Terms, without notice or liability.
- On termination, your right to use the Service ceases. Data deletion follows our Privacy Policy.
12. Governing Law & Disputes
These Terms are governed by the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka, India. We encourage resolving disputes amicably — please contact us first at support@malbum.live.
13. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top will reflect any changes. We will notify active Photographer accounts of material changes by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
14. Contact Us
For questions about these Terms:
- Email: support@malbum.live
- Company: Bintree Software, India