Terms & Conditions

1. Acceptance of Terms

By accessing and using Photo Match Fun ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms and Conditions, please do not use the Service.

We reserve the right to modify these terms at any time. Your continued use of the Service following any changes indicates your acceptance of the new terms.

2. Service Description

Photo Match Fun is a web-based service that allows users to create custom photo matching games by uploading personal photos. The Service uses artificial intelligence to generate themed variations of uploaded images and facilitates printing through third-party services.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3. User Content and Intellectual Property

Your Content: You retain all rights to the photos and images you upload to the Service. By uploading content, you grant Photo Match Fun a non-exclusive, worldwide, royalty-free license to use, process, and display your content solely for the purpose of providing the Service.

Generated Content: AI-generated variations of your photos created through the Service are provided "as is" for your personal use. You are responsible for ensuring you have the right to use any images you upload.

Prohibited Content: You may not upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

4. Medical Disclaimer

While our service is designed to support people living with dementia through cognitive stimulation and reminiscence activities based on published research, it is:

• NOT a substitute for professional medical advice, diagnosis, or treatment
• NOT intended to diagnose, treat, cure, or prevent any disease or medical condition
• NOT a replacement for professional dementia care or medical supervision
• Provided for informational and recreational purposes only

Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this website or through use of this Service.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTO MATCH FUN AND ITS DEVELOPERS, OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from unauthorized access to or use of our servers
• Any errors, mistakes, or inaccuracies in AI-generated content
• Any interruption or cessation of the Service
• Any bugs, viruses, or harmful code transmitted through the Service
• Any content or conduct of third parties, including printing services
• Any health outcomes, positive or negative, from using the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO USE THE SERVICE IN THE PAST SIX MONTHS, OR $100, WHICHEVER IS LESS.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the quality, accuracy, or reliability of AI-generated content
• Warranties that defects will be corrected

We do not warrant that the Service will meet your requirements or that the results obtained from use of the Service will be accurate or reliable.

7. Third-Party Services

Our Service integrates with third-party services including but not limited to:

• Walgreens Photo Services: For printing and order fulfillment
• Stripe: For payment processing
• Google Cloud / Gemini AI: For image generation
• Firebase: For data storage and authentication

We are not responsible for the availability, accuracy, or content of these third-party services. Your use of third-party services is subject to their respective terms and conditions.

8. Privacy and Data Collection

Analytics: We use analytics tools (including Google Analytics and Firebase Analytics) to collect information about how you use the Service. This may include:

• Pages visited and features used
• Time spent on the Service
• Browser type and device information
• IP address and general location data
• Referring websites

User Photos: Photos you upload are stored securely and used solely to provide the Service. We do not use your photos for any other purpose without your explicit consent.

For more information about how we collect, use, and protect your data, please review our Privacy Policy.

9. Indemnification

You agree to indemnify, defend, and hold harmless Photo Match Fun and its developers, officers, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms and Conditions
• Your violation of any rights of another party
• Content you upload to the Service
• Any health outcomes resulting from use of the Service

10. User Responsibilities

You agree to:

• Provide accurate and complete information when using the Service
• Maintain the security of your account credentials
• Only upload content you have the right to use
• Not use the Service for any illegal or unauthorized purpose
• Not attempt to gain unauthorized access to any part of the Service
• Not interfere with or disrupt the Service or servers
• Comply with all applicable laws and regulations

11. Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of PacStac LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PacStac LLC.

12. Termination

We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Service will immediately cease.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Arbitration: Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between you and Photo Match Fun individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated on a class-action basis.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and Photo Match Fun regarding the Service and supersede all prior agreements and understandings, whether written or oral.

16. Refund and Cancellation Policy

Digital Products: Due to the nature of digital goods, purchases of digital downloads are generally non-refundable once the download link has been provided. However, if you experience technical issues preventing access to your purchase, please contact support.

Physical Prints: Orders for physical prints are processed immediately and sent to third-party fulfillment partners (e.g., Walgreens). Once an order is submitted to the printing partner, it cannot be cancelled or modified.

Refunds: Refunds may be issued at our sole discretion for defects in the Service or failure of delivery. To request a refund, contact support@photomatchfun.com within 14 days of purchase.

17. DMCA Copyright Policy

We respect the intellectual property rights of others. If you believe that material available on our Service infringes your copyright, please notify us by sending a DMCA Notice to our Designated Agent at support@photomatchfun.com containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information in the notification is accurate, under penalty of perjury

18. Data Rights and Deletion

Data Retention: We retain user data and uploaded photos only as long as necessary to provide the Service and comply with legal obligations.

Account Deletion: You have the right to delete your account and all associated data at any time. To request deletion, please email support@photomatchfun.com or use the deletion tool in your account settings (if available).

Upon deletion, all your personal data and uploaded photos will be permanently removed from our active databases within 30 days, except where retention is required by law.

19. GDPR and International Compliance

International Users: The Service is hosted in the United States. By using the Service, you consent to the transfer of your data to the United States.

GDPR/CCPA: We are committed to compliance with the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA). Users in these jurisdictions have specific rights regarding access, rectification, portability, and deletion of their personal data. Contact us to exercise these rights.

20. Accessibility Statement

We are committed to making our Service accessible to everyone, including individuals with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any accessibility barriers while using our Service, please contact us for assistance.

21. Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation, natural disasters, pandemics, acts of government, or acts of war.

22. Payments and Subscriptions

Pricing: Prices for products and services are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.

Subscriptions: If you subscribe to any recurring service, you agree to pay all fees associated with your subscription. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You may cancel your subscription at any time through your account settings.

23. Contact Information

If you have any questions about these Terms and Conditions, please contact us at: