Terms of Use

1. These Terms govern the relationship between you and Mykhailo Yemchura, an individual entrepreneur registered in Ukraine (“we”, “us”, “our”), regarding your use of the Service, including all text, graphics, software, photographs and other materials made available through it (the “Content”).
2. These Terms are a legally binding agreement between you and us. By downloading the app, creating a film, joining a film as a guest, or otherwise using any part of the Service, you accept these Terms. If you do not accept them, do not use the Service.
3. The Privacy Policy is incorporated into these Terms by reference. Additional terms may apply to specific features; where they conflict with these Terms, the additional terms prevail for that feature.
4. We may change these Terms from time to time. If a change materially affects your rights or your use of the Service, we will notify you in the app or by email before it takes effect, giving at least 14 days’ notice unless a longer period is required by law. Other changes are notified by updating the “Last updated” date. If you do not agree to a revised version, stop using the Service before it takes effect; continuing to use the Service after that date means you accept the revised Terms.
5. Any translation of these Terms is provided for convenience only. In case of any difference in meaning, the English version at bluehour.events/terms prevails.

1. Not a backup service. Blue Hour is a shared camera for events, not a storage or backup service. Photos exist for as long as the film and the account that hosts it exist, and a host may delete a film at any time. Save the photos you want to keep.
2. User content. Photos and videos in a film are created by the people in that film. We do not review them before they are shown and make no guarantees about their accuracy, quality or suitability.
3. Timing. Shooting ends and photos reveal at the times the host chose. These times are set by the host, not by us, and depend on the host’s device settings and the availability of the Service.
4. Looks. The film looks applied to photos are creative processing. They intentionally change colour, grain and sharpness and are not intended to produce a faithful record of the scene.

1. Hosts. To create a film you sign in with Apple. We receive a stable identifier from Apple and, if you choose to share them, your name and email address. You may change the name shown to others at any time in the app.
2. Guests. A guest joins a film with a link or QR code shared by its host and a name of their choosing. No account is required. A random token stored on the guest’s device keeps them inside the films they joined; anyone holding that token can act as that guest, so keep personal links private.
3. Accuracy. You agree that the information you provide is truthful and that you will keep it accurate.
4. Age. You must be at least 13 years old, or older where the law of your country requires it. If you are under 18, you may use the Service only with the permission of a parent or guardian who agrees to these Terms on your behalf.
5. Security. You are responsible for activity that happens through your account, your device and your guest links. Tell us at once if you believe your access has been used without your permission.
6. Termination. We may suspend or terminate your access to the Service, with or without notice, if you breach these Terms or if the law requires it. You may stop using the Service at any time and delete your account in the app; deletion is described in the Privacy Policy.

1. The Service, including the app, the website, the film looks, the design, text, graphics, software and their arrangement (but excluding User Content, defined in Section 8) belongs to us or to our licensors and is protected by copyright, trademark and other laws.
2. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on an Apple device you own or control, and to use the Service, for your personal, non-commercial purposes. This licence does not transfer any ownership to you.
3. The licence to the app itself is also subject to Apple’s standard Licensed Application End User License Agreement, which applies to apps distributed through the App Store.
4. Except as expressly permitted, you may not copy, modify, distribute, sell, rent, sublicense, decompile, reverse-engineer or create derivative works from any part of the Service.
5. You are responsible for the device, operating system and internet connection needed to use the Service and for any charges associated with them.
6. We may provide support at our discretion, primarily by email. We have no obligation to provide support of any particular kind or within any particular time.

1. Hosts control their films. A host chooses the film’s name, when shooting ends, when photos reveal, which look is applied, how many guests may join and how many shots each guest has, and who may invite others. A host may change some of these settings while the film is live.
2. Visibility. Who can see which photos is determined by the film’s settings and by whether the film has revealed. Before reveal, a guest sees their own photos and may see others’ photos only as sealed previews.
3. Removal. A host, and any co-host the host appoints, may remove any guest or any photo from the film. A guest may delete a photo they took and may leave a film.
4. Capacity. Films have limits on guests and shots. When a limit is reached, further guests cannot join or further shots cannot be taken unless the host upgrades the film (Section 7).
5. Interactions with other users. Your interactions with hosts and guests are between you and them. We are not responsible for the conduct of any user and are under no obligation to become involved in disputes between users, although we may do so at our discretion.
6. Invitations. Invitation links and codes are for the people the host intends to invite. Do not share them publicly. A host may rotate or pause an invitation link at any time.

1. The app is distributed through Apple’s App Store. Its availability depends on Apple, and your use of it is also subject to the App Store’s terms and policies.
2. These Terms are between you and us, not Apple. Apple is not responsible for the Service or its content, has no obligation to provide maintenance or support for the app, and is not responsible for addressing any claim relating to the app, including product liability, legal or regulatory claims, or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
3. The Service may let you share photos to third-party apps (for example, social networks) or open third-party websites. Those services are not under our control and are governed by their own terms and privacy policies. We do not endorse them and are not responsible for them.
4. To the extent permitted by law, you release us from claims arising out of the conduct of Apple, other users, or third-party services.

1. Purchase Terms. The Purchase Terms form part of these Terms and explain purchases in more detail.
2. What is sold. Creating a film is free. What we sell is capacity for a film — additional guest seats and shots — chosen when you create the film or added to a live film as an upgrade, as one-time in-app purchases through the App Store. The app shows whether the capacity you chose is free or paid, and the price, before you confirm.
3. No subscriptions. Nothing in the Service renews automatically. There are no trials and no recurring charges.
4. Price. The price is shown in the App Store’s purchase sheet before you confirm, in your local currency, including taxes where applicable. We may change prices for future purchases at any time; a change does not affect a purchase already made.
5. Payment. Payment is collected by Apple using the payment method on your Apple account. We never receive your card details.
6. Use. A purchase is consumed when it is applied to a film. Capacity bought for a film belongs to that film and cannot be moved to another film or exchanged for cash. Unused capacity in a film is not refunded.
7. Refunds. Purchases through the App Store are subject to Apple’s refund policies. We cannot grant refunds ourselves. To request a refund, follow Apple’s instructions. This does not limit rights you have under mandatory consumer law.
8. Right of withdrawal. If you are a consumer in the EEA, the UK or Switzerland, your statutory right of withdrawal for digital content purchased through the App Store is exercised with Apple under the App Store’s terms. By purchasing capacity for a live film you request immediate supply and acknowledge that, where the law so provides, you lose the right of withdrawal once the purchase is applied.
9. Failed or reversed payments. If a payment is reversed or charged back, we may remove the capacity it paid for from the film it was applied to.

1. Definition. “User Content” means the photos, videos, names, film titles and any other material that you or other users create or upload through the Service.
2. Ownership. You keep all rights you have in your User Content. We do not claim ownership of it.
3. Licence to us. You grant us a worldwide, royalty-free, perpetual, non-exclusive, sublicensable and transferable licence to use, host, store, reproduce, adapt, modify, publish, display, perform, distribute and create derivative works from your User Content, in whole or in part, in any media now known or later developed, for the purposes of operating, improving and promoting the Service. This licence does not extend to personal data, which is governed by the Privacy Policy.
4. Licence to other users. By adding a photo to a film you allow the host and the other participants of that film to view, save and share it as the film’s settings permit.
5. Your warranties. You confirm that you own or have the necessary rights to your User Content and to grant the licences above; that it does not infringe anyone’s rights, including privacy and image rights; and that you have obtained the consent of people who appear in it where the law requires consent.
6. Withdrawing the licence. You may ask us to stop using specific User Content by emailing hello@bluehour.events. We will honour the request except for copies needed to operate the films the content belongs to and copies we are required by law to keep.
7. Removal. We may remove or restrict User Content that we believe breaches these Terms or the law, without notice. We are not obliged to keep copies of content we remove and are not liable for its loss.
8. Reporting. To report content that you believe is unlawful or breaches these Terms, email hello@bluehour.events with a link or description of the content and the reason. We aim to respond within 48 hours.
9. Copyright complaints. If you believe content in the Service infringes your copyright, send us a notice with your contact details, identification of the work, identification of the infringing content, a statement of good-faith belief and a statement that the information is accurate. We will act on valid notices, including removing the content and, for repeat infringers, terminating access.

By using the Service you represent that you have the legal capacity to agree to these Terms; that you are not located in a country subject to a United States or European Union embargo; that you are not on any government list of prohibited or restricted parties; and that your use of the Service will comply with applicable law.

You agree not to:

1. upload or share content that is unlawful, defamatory, harassing, hateful, pornographic, sexually explicit involving minors, violent, or that infringes anyone’s intellectual property, privacy or other rights;
2. photograph or record people in circumstances where they have a reasonable expectation of privacy without their consent;
3. join a film you were not invited to, or share invitation links or codes with people the host did not intend to invite;
4. access the Service through automated means, scrape data, or systematically retrieve content to build a collection or database;
5. circumvent, disable or interfere with security features, access controls or limits of the Service, including film capacity and reveal rules;
6. decompile, disassemble, reverse-engineer or attempt to derive the source code of any part of the Service;
7. use the Service to build a competing product or to develop software that interoperates with it without our written permission;
8. upload files that contain viruses or other harmful code, or otherwise interfere with the operation of the Service or the networks connected to it;
9. impersonate any person or misrepresent your affiliation with anyone;
10. use the Service for commercial purposes not expressly permitted by us; or
11. otherwise breach these Terms or applicable law.

If you provide information that is untrue or incomplete, or breach these restrictions, we may refuse or terminate your use of the Service.

1. To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2. We do not warrant that the Service will meet your requirements; that it will be uninterrupted, timely, secure or error-free; that photos will be captured, uploaded, developed or revealed at any particular time; or that any errors will be corrected.
3. Material obtained through the Service is accessed at your own discretion and risk.
4. If you are a consumer in the EEA, the UK or Switzerland: where the Service does not conform to these Terms, you have the statutory right to have the defect corrected. You agree to cooperate reasonably with us to establish whether the cause lies in your digital environment. We may ask you to install updates; we are not liable for lack of conformity caused by your failure to install an update we supplied.
5. Nothing in this Section limits warranties or consumer rights that cannot be excluded under the law of your country of residence, including the Australian Consumer Law.

1. To the extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or lost photos, arising out of or relating to these Terms or the Service, even if we were advised of the possibility of such damages.
2. To the extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or the Service is limited to the amount you paid us through the App Store in the twelve months before the event giving rise to the claim, or fifty US dollars if you paid nothing.
3. These limitations do not apply to liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited by law.
4. If you are a consumer in the EEA, the UK or Switzerland: if defective digital content we supplied damages your device or your digital content, we will repair the damage or compensate you, except where the damage could have been avoided by installing an update we offered free of charge.
5. Some jurisdictions do not allow the limitation or exclusion of certain liabilities. Where that is the case, the above limitations apply to the fullest extent permitted, and all remaining provisions continue in force.

You agree to indemnify and hold harmless us and our successors and assigns from any claim or demand made by a third party, including reasonable legal fees, arising out of your User Content, your use of the Service, or your breach of these Terms or of any law. We may assume the defence of any matter subject to indemnification, and you agree to cooperate with us and not to settle any such matter without our written consent.

We make no representation that the Service is appropriate or available for use in every country. You access the Service on your own initiative and are responsible for compliance with local laws, including export laws.

1. Talk to us first. If you have a dispute with us, contact hello@bluehour.events with a description of the issue and your contact details before taking formal action. We will try in good faith to resolve it within 30 days.
2. Governing law. These Terms are governed by the law of Ukraine, excluding its conflict-of-law rules and the 1980 UN Convention on Contracts for the International Sale of Goods.
3. Venue. Subject to the paragraphs below, the courts of Ukraine have jurisdiction over disputes arising out of these Terms.
4. Consumers in the EEA, the UK and Switzerland. Nothing in these Terms deprives you of the protection of mandatory consumer law of the country where you live. You may bring proceedings in the courts of that country, and we will bring proceedings against you only there. You may also use the European Commission’s online dispute resolution platform at ec.europa.eu/consumers/odr; we are not obliged to participate in alternative dispute resolution.
5. Other consumers. Where the law of your country of residence gives you the right to bring a claim in your local courts, these Terms do not take that right away.
6. Time limit. To the extent permitted by law, any claim arising out of these Terms must be brought within one year after it arose.

We may add, change, suspend or discontinue any part of the Service at any time, with or without notice. Where a change removes a feature you have paid for in a live film, we will make reasonable efforts to notify you in advance and to honour the purchase. Except where the law provides otherwise, we are not liable for any modification, suspension or discontinuance of the Service.

1. These Terms apply from the moment you first use the Service until you or we terminate them.
2. You may terminate at any time by deleting your account in the app and stopping use of the Service.
3. We may terminate or suspend your access as described in Section 3.6. On termination, your licence to use the Service ends; films you hosted may be kept for their guests as described in the Privacy Policy.
4. Sections 8 (licences you granted), 10, 11, 12, 14 and 17 survive termination.

1. Entire agreement. These Terms, together with the Privacy Policy and any additional terms for specific features, are the entire agreement between you and us regarding the Service and supersede any earlier agreements.
2. Assignment. We may assign or transfer these Terms and our rights and obligations under them to another person, for example in connection with a merger, acquisition or sale of the business. Posting a version of these Terms naming that person is valid notice to you. You may not assign these Terms without our written consent.
3. No waiver. Our failure or delay in enforcing any right under these Terms is not a waiver of that right.
4. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions remain in full force.
5. Force majeure. We are not liable for any failure to perform caused by events beyond our reasonable control, including outages of Apple’s services, network failures, war, strikes or natural disasters.
6. Electronic communications. You agree that we may communicate with you electronically, in the app or by email, and that such communications satisfy any legal requirement that a communication be in writing. Tapping a button such as “Create”, “Join” or “Agree” constitutes your electronic signature.
7. Headings. Section headings are for convenience only and do not affect interpretation.

For notices under these Terms, questions about the Service, content reports, copyright notices and privacy requests, contact us at hello@bluehour.events. We aim to respond within 48 hours.