Terms of Service

1.1 Agreement to These Terms

Welcome to VowFest. These Terms of Service (the "Terms") constitute a legally binding agreement between VowFest, Inc., together with its parents, subsidiaries, affiliates, successors, and assigns (collectively, "VowFest," "Company," "we," "our," or "us"), and each individual or entity that accesses or uses the Services ("you" or "User").

These Terms govern your access to and use of:

• the VowFest website and any mobile application
• software applications, web-based platforms, and APIs
• communication tools and payment functionality
• Wedding Albums and artificial intelligence features
• beta services and future platform enhancements
• all related products, content, technology, and services

1.2 Incorporated Policies

These Terms incorporate by reference the following policies, each of which forms part of this Agreement:

1.3 Nature of the Services

VowFest is solely a technology platform. Unless expressly stated otherwise in writing, VowFest does not own, operate, organize, sponsor, manage, supervise, or control any Wedding Experience.

VowFest is not a wedding planner, event organizer, venue owner, travel agency, transportation provider, catering company, insurer, guarantor, financial institution, or fiduciary for any User.

Hosts remain solely responsible for creating, organizing, managing, and conducting their Wedding Experiences. Guests remain solely responsible for deciding whether to attend and for their conduct.

3.1 Eligibility Requirements

Access to the Services is limited to individuals and entities legally capable of entering into binding contracts. By using the Services, you represent and warrant that:

• You have the legal capacity and authority to enter into this Agreement
• You are at least 18 years of age or the age of majority in your jurisdiction
• All information you provide is accurate, current, complete, and not misleading
• Your use does not violate any applicable law, regulation, or court order

3.2 Prohibited Users

You may not use the Services if you have been previously suspended or terminated by VowFest (unless reinstated), if your use would violate applicable law, or if you are subject to applicable trade sanctions or export restrictions.

4.1 Account Registration

To access certain features you must create an Account using a valid email address. You agree to provide accurate, complete, and current information and to maintain accuracy throughout your use of the Services.

4.3 Account Security

You are solely responsible for safeguarding your Account credentials. You agree to maintain the confidentiality of your password, use commercially reasonable efforts to prevent unauthorized access, and immediately notify VowFest of any suspected unauthorized use.

5.1 Creation

A Host may create a Wedding Experience by submitting the information requested by VowFest. The Host is solely responsible for ensuring all information is accurate, complete, lawful, and not misleading. VowFest reserves the right to review, refuse, suspend, modify, or remove any Wedding Experience or Listing.

5.3 Host Responsibility

The Host represents and warrants authorization by the Couple to create the experience, that publication does not violate any applicable law or third-party rights, and that all information provided is truthful and not materially misleading.

6.1 Host Control

The Host retains exclusive authority over management of the Wedding Experience, including determining Guest eligibility, issuing, approving, declining, revoking, or modifying Guest Passes, managing Guest Lists, establishing attendance capacity, and communicating with Guests.

6.4 Invitations

An invitation generated by the Services constitutes only an invitation to participate in the approval process. An invitation alone does not guarantee admission, create a Guest Pass, reserve attendance, or establish any contractual relationship with VowFest.

7.1 Nature of the Guest Pass

A Guest Pass is a limited, revocable, non-exclusive, non-transferable license issued through the Services that permits an approved Guest to attend a specific Wedding Experience. A Guest Pass does not constitute ownership of any property, a membership interest, a security, or a guarantee of admission.

7.4 Non-Transferability

Unless expressly authorized by the Host, a Guest Pass may not be sold, assigned, transferred, gifted, exchanged, pledged as collateral, or otherwise conveyed. Any attempted transfer in violation of this Section is void and may result in cancellation without refund.

8.1 Payment Services

VowFest does not operate as a bank, money transmitter, escrow company, payment processor, or financial institution. All payment transactions are processed through independent third-party Payment Processors. By submitting payment information, you authorize the applicable Payment Processor to charge your selected payment method for all authorized transactions.

8.5 Platform Service Fees

VowFest may charge service fees for certain transactions or Services. Applicable service fees will be disclosed before completion of the applicable transaction. Unless otherwise required by applicable law, completed service fees are non-refundable.

Refund Schedule

9.4 Host Cancellation

If the Host cancels a Wedding Experience before it begins, Guests are generally entitled to a 100% refund of the amount paid for the Guest Pass. VowFest may take appropriate action regarding the Host's account if repeated or unjustified cancellations occur.

10.2 User Ownership

Except for the limited licenses granted under this Agreement, each User retains all ownership rights in the User Content they submit. Nothing in these Terms transfers ownership of any copyright, trademark, publicity right, or other intellectual property right from a User to VowFest.

10.9 Media Retention

10.5 Permitted Uses by VowFest

VowFest will not sell User photographs or videos, and will not use User Media in advertising or marketing without legally required permission. VowFest will not use identifiable User Media to train publicly available generative AI models unless separately authorized.

VowFest's collection, use, storage, disclosure, retention, and protection of personal information are governed by these Terms and our Privacy Policy, which is incorporated herein by reference. In the event of a conflict, the Privacy Policy shall govern with respect to personal information.

Prohibited Activities

VowFest is committed to maintaining a trustworthy, respectful, and secure platform. While VowFest provides technology designed to support safe interactions, Users acknowledge that VowFest cannot guarantee the conduct, identity, intentions, or actions of any User. Each User remains responsible for exercising independent judgment when interacting with other Users.

14.1 Ownership

Except for User Content and other rights expressly granted under these Terms, the Services and all rights, title, and interest therein are and shall remain the exclusive property of VowFest and its licensors, including all software, source code, APIs, databases, algorithms, AI systems, user interfaces, designs, graphics, trademarks, and logos.

14.2 Limited License to Users

VowFest grants each User a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for their intended purposes. This license does not transfer any ownership interest.

16.8 Aggregate Liability Cap

To the fullest extent permitted by applicable law, VowFest's total cumulative liability shall not exceed the greater of: (a) the total platform fees paid by the User to VowFest during the preceding 12 months, or (b) One Hundred U.S. Dollars (US $100.00).

VowFest shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, emotional distress, or reputational harm.

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless VowFest and its affiliates from and against any claims, liabilities, damages, losses, costs, and reasonable attorneys' fees arising out of or relating to your use of the Services, your violation of these Terms, your User Content, or your conduct toward another User.

You may close your Account at any time. VowFest may suspend or terminate your access where VowFest reasonably believes you have violated these Terms, engaged in fraudulent activity, or your continued access presents a risk to other Users or the Services. Termination does not eliminate obligations accrued before closure.

19.2 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to its conflict of laws principles.

19.3 Agreement to Arbitrate

To the fullest extent permitted by applicable law, disputes shall be resolved by binding arbitration, rather than in court, except for small claims and injunctive relief. The parties waive any right to participate in a class action or class arbitration.

These Terms, together with all incorporated policies, constitute the entire agreement between you and VowFest. VowFest may assign these Terms in connection with a merger, acquisition, or sale of assets. Failure to enforce any provision shall not constitute a waiver. If any provision is unenforceable, the remaining provisions shall continue in full force.

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