These Terms & Conditions govern the Occur website, iPhone app, App Clip and browser guest experience, together called the Service. References to we, us and our mean Occur. References to you mean a person using the Service and, if applicable, an organization that person is authorized to represent.
By creating an account, joining an Event or using the Service, you agree to these Terms. If you do not agree, do not use the Service. The Privacy Policy explains how personal information is handled; accepting these Terms does not replace any separate consent required by privacy law.
Occur provides software for a shared camera and photo-sharing experience. The Service can contain defects and experience interruptions, failed operations or loss of content. It is not a professional photographer, an event production service, insurance or a permanent photo archive. No particular moment, number of usable photos or uninterrupted availability at your Event is guaranteed. Keep independent copies of important photos and arrange any essential photography separately.
The software-risk provisions and liability exclusions apply to all users, including organizers, participants and guests in free and paid Events, whether or not they personally made a payment. These provisions apply only where legally permitted and do not remove mandatory consumer remedies, privacy rights or other liability that the law does not allow us to exclude.
1. Eligibility and authority
You must be at least 13 and meet any higher minimum age required where you live. If you have not reached the age of majority, a parent or legal guardian must authorize your participation and accept these Terms on your behalf where required. An adult must create an Event and make purchases, unless local law allows otherwise.
The Service is not directed to children under 13. An adult's permission to include a lawful family photo is different from permission for a child to hold an account. Do not allow an ineligible person to use your account. If you represent an organization, you confirm that you can bind it to these Terms.
2. Accounts, guest access and security
Provide accurate account information, keep your sign-in methods and devices secure, and tell us promptly if you suspect unauthorized access. You are responsible for your own use and for activity you authorize or culpably enable, subject to applicable law. You are not automatically responsible for a security failure attributable to us.
The full app requires an authenticated account. Eligible guests can use an invitation through the App Clip or browser with a display name and a guest session. Guest access is not a promise of anonymity. Clearing browser data, losing a device or losing a guest credential may prevent recovery unless access was linked to an account. We cannot promise to identify an unlinked guest from a display name alone.
Invitation links, QR codes and access codes are access credentials. Share them only with intended participants. A person who receives a forwarded link may be able to view an invitation and join its Event. You must not enter an Event without authorization or share another person's access.
3. Events and the scope of the Service
An Event organizer chooses the available options, such as dates, guest capacity, photo limits, camera style, gallery visibility and reveal settings. The options and limits shown before purchase describe what is being bought. Guests must respect those settings and any lawful instructions from the organizer.
Availability depends on supported devices, current software, permissions, connectivity, local storage and third-party infrastructure. Some functions differ between the full app, App Clip and browser. You provide and pay for your device, connection and carrier charges. Software updates may be required for continued compatibility or security.
Capturing or previewing a photo on a device does not itself establish that the server received it. Pending photos can be lost if a device fails, storage is cleared, an app is removed or an upload cannot finish. Offline capture, retry and caching features reduce some risks but do not guarantee delivery, recovery or a second opportunity to capture a moment.
Camera effects and previews can differ by device or export format. We do not guarantee a particular artistic result, image quality, participant contribution, exact reveal timing during an outage or the success of an Event.
4. Purchases
Paid Event options are one-time purchases. Their features, limits, prices and applicable taxes are shown before purchase. App Store payments and refunds follow Apple's applicable terms. Refunds may be provided where required by law or at our discretion; a voluntary refund does not by itself acknowledge liability for additional losses. A purchase does not provide permanent storage or a guarantee of uninterrupted operation.
5. Organizer responsibilities
You organize and remain responsible for your Event, including its lawfulness, attendees, invitations and any business or professional use. Occur does not organize, supervise or insure the physical Event, employ its photographers or verify every guest's identity or authority.
Before inviting people, explain that photos and names will be shared according to the Event settings, that authorized viewers may download copies, that storage is temporary, and how people can raise privacy or content concerns. Give any legally required notices and obtain the permissions or other lawful basis required for photographing, uploading, displaying and sharing people and their information.
Take particular care with children, vulnerable people, private venues and anyone who objects to being photographed. Do not represent a person's attendance, a QR scan or acceptance by another user as automatically supplying that person's consent for every use of their image. Only a person with authority can give permission on another person's behalf.
Choose appropriate visibility, protect invitation credentials and address concerns within your control. You must not use a private Event album for advertising, public promotion, sale, profiling or another purpose outside the permissions actually obtained. Inform participants before deleting an Event or your organizer account where reasonably possible, and download material you are entitled to keep.
6. Your content and your responsibility
User Content includes photos, covers, Event details, display names and other material submitted to the Service. You retain any ownership rights you hold. Uploading material does not make you the owner of someone else's photo, likeness, personal information or intellectual property.
You are solely responsible for the User Content you capture, upload, submit or share, including its lawfulness, accuracy, the rights required to use it, and your subsequent use of other people's content. You represent that you own the necessary rights or have valid permission or another lawful entitlement for the specific use, and that all legally required permissions from depicted people, rights holders and guardians have been obtained.
We provide technical hosting and sharing tools. Hosting, processing, receiving a report about or making content available under Event settings does not mean we authored, approved, endorsed or independently verified it. To the fullest extent permitted by law, we assume no liability for User Content or independent conduct of users and third parties. This allocation does not exclude legal duties that apply to our own acts, omissions or handling of a valid notice.
Rights in a photograph and rights of the person depicted are separate. A license from the photographer does not by itself authorize commercial exploitation of a person's image. You must not promise third parties broader rights than you can lawfully grant.
7. Limited permissions to operate and share
You grant us a non-exclusive, worldwide, royalty-free license to host, store, copy, transmit, process, resize, display and make your User Content available only as reasonably needed to provide, secure, support and lawfully administer the Service. This includes previews, camera effects, authorized downloads, backups within the retention rules, and investigating specific abuse or rights complaints. Service providers may exercise these permissions only as needed to perform those functions for us.
This license lasts only as long as needed for those purposes under the Privacy Policy, including lawful deletion processing or a specific legal preservation duty. It does not give us a general right to sell private photos, publish them in advertising or train general-purpose artificial intelligence models. Those uses would require a separate lawful arrangement and any necessary permissions.
By submitting photos to an Event, you allow its organizer and participants with authorized gallery access to view, download and keep copies for lawful personal, non-commercial enjoyment of that Event. Their rights remain subject to the rights of depicted people and applicable law. Broader publication, business use, advertising, resale or onward licensing requires the additional permissions necessary for that use.
Changing settings, removing content or deleting an account cannot retract copies already downloaded, screenshots or material independently shared outside the Service. Those copies and the persons using them remain subject to applicable rights and law. A downloaded copy is not a license to harass, expose or commercially exploit anyone.
8. Prohibited content and conduct
Use the Service only for lawful purposes. The Service is not for sexual material. Sexual content, pornography and sexual exploitation are strictly prohibited, even if otherwise lawful or consensual. These rules apply to all User Content, including altered or synthetic material. You must not submit, distribute or facilitate:
- Illegal content or activity, including any abuse or exploitation of children.
- Content that infringes copyright, image rights, privacy or other rights, including photos shared without the necessary permissions.
- Harassment, threats, hate, graphic violence, fraud or impersonation.
- Malware, spam or material intended to compromise accounts, devices or the Service.
You must not scrape photos or personal information, guess invitation codes, evade a suspension, circumvent a quota or access control, interfere with other users, overload the Service, or use unauthorized automation. You must not reverse engineer or copy protected software except to the extent applicable law expressly permits that activity despite this restriction. Responsible security reports may be sent to our contact address; this is not permission to access other people's content.
9. Reports, moderation and removal
We do not undertake a general obligation to pre-screen or continuously monitor all User Content. We may review content, investigate reports, restrict access, remove material or suspend accounts to enforce these Terms, comply with law or protect people. This does not limit duties imposed by applicable law or platform requirements.
Anyone, including someone without an account, may report illegal, sexual or rights-infringing content to [email protected]. Include its Event or photo location, the reason for the report, appropriate contact details and a good-faith statement that the report is accurate. Do not send illegal images as attachments.
For removal of an intimate image shared without consent, identify the image and its location, confirm that you are the depicted person or an authorized representative and that disclosure was not authorized, and include contact details and a physical or electronic signature. Where the U.S. TAKE IT DOWN Act applies, we remove the material within 48 hours of a valid request and make reasonable efforts to identify and remove known identical copies within that period.
We assess reports promptly and in good faith. Where required, we acknowledge receipt, communicate our decision and reasons, and provide review options. You may request human review at [email protected]. Notice may be restricted where law, safety or an investigation requires it.
Copyright notices follow section 10; other rights and safety reports do not require copyright ownership. We may preserve limited evidence or disclose it when legally required or otherwise lawfully justified. We cannot remove copies outside systems we control. Knowingly false reports are prohibited.
10. Copyright complaints and DMCA
You must not upload a photo or other material without the copyright, license or other legal entitlement needed for its intended use. The uploader remains responsible for that choice. Owning the copyright and appearing in a photo are different matters; section 9 remains available for privacy and safety reports.
Send copyright complaints to the contact address shown on this page with the subject Copyright report. Where you submit a notice under the U.S. Digital Millennium Copyright Act, 17 U.S.C. 512, identify it as a DMCA notice and provide the following information:
- Your physical or electronic signature as the copyright owner or a person authorized to act for that owner.
- Identification of the copyrighted work claimed to be infringed, or a representative list when appropriate.
- Identification of the material claimed to infringe and information sufficient to locate it, such as its Event reference, photo identifier or exact URL.
- Contact information sufficient to reach you, including your name, email and the address and telephone details required by the applicable procedure.
- A good-faith statement that the use you report is not authorized by the owner, an authorized agent or the law. Consider any applicable exception, including fair use, before making that statement.
- A statement that the notice is accurate and, under penalty of perjury where the DMCA applies, that you are authorized to act for the owner of the exclusive right allegedly infringed.
We assess sufficiently specific notices and may promptly remove or disable access to the identified material. We take reasonable steps to notify the affected uploader where appropriate or required. We may request missing information and may restrict access temporarily during review. We maintain a policy of terminating, in appropriate circumstances, users who repeatedly infringe copyright; evading such a restriction is prohibited.
If you believe material was removed or disabled because of a mistake or misidentification, contact us with the subject Copyright counter-notice. Where the statutory DMCA counter-notice process applies, provide your physical or electronic signature; identification and former location of the material; a statement under penalty of perjury of your good-faith belief in that mistake or misidentification; your name, address and telephone number; and the jurisdiction and service-of-process statements that the statute requires. Those statements include consent to the relevant U.S. federal district court, or, for an address outside the United States, a district where the provider may be found, and acceptance of service from the original notifier or their agent. Obtain legal advice if you are unsure about making that statement.
Where that statutory process applies, we forward a compliant counter-notice to the original notifier and follow the applicable reinstatement procedure: restoration no earlier than 10 and no later than 14 business days after receipt, unless we receive notice of a court action seeking to restrain the alleged infringement. Material may remain restricted on an independent lawful ground, such as a separate privacy or safety violation, a court order or another applicable rule. A counter-notice does not override those grounds.
We may share notices, counter-notices and relevant contact information with the affected parties to the extent necessary or legally required for the process. Do not knowingly submit materially false infringement claims or counter-notices. Applicable law may impose liability for misrepresentation.
Copyright reports and counter-notices may be sent to [email protected]. Statutory conditions for any applicable liability protection remain controlling. The Argentine forum clause does not override jurisdiction or service-of-process statements required for a statutory DMCA counter-notice.
11. Temporary photo storage and downloads
Occur is not a permanent archive or a substitute for your own backups. Event photos and covers are retained for a maximum of 12 months after the Event's scheduled end date, unless removed sooner under these Terms or the Privacy Policy. A shorter storage period may apply only if clearly disclosed before purchase or otherwise lawfully agreed. A purchase, an unlimited-photo option or the continued existence of an account does not extend that maximum.
We will give the organizer reasonable advance notice of scheduled expiry using an available account contact or a notice in the Service, ordinarily aiming for 30 days before deletion. The organizer must inform guests and download the photos they are entitled to keep. Guest sessions without a verified contact may not receive an individual message. Keep contact information current and do not rely exclusively on push notifications.
This maximum period is not a guarantee that every photo will remain available for a full year. Earlier removal can result from a deletion request, an Event or account deletion, a rights or abuse complaint, lawful enforcement, termination under section 12, a security incident or an unexpected failure. Planned changes affecting a paid purchase remain subject to section 12 and mandatory remedies.
At expiry or an earlier lawful deletion, access may end and content may be permanently erased, including controlled backup copies as described in the Privacy Policy. We do not promise recovery, reactivation or an additional grace period. An unsuccessful or undelivered reminder does not create perpetual storage, but does not remove any mandatory duty or remedy. Specific legal preservation obligations may require restricted retention of particular evidence.
12. Changes, suspension and ending the Service
We may change, replace, reduce or discontinue features, stop accepting new Events, or end all or part of the Service for business, technical, security, legal or operational reasons. We may also end an individual user's access for a lawful reason. There is no promise to operate indefinitely or support every device or feature forever.
We may act immediately, without advance notice where justified, in cases such as serious or repeated violations, illegal content, fraud, unauthorized access, a credible safety or security risk, a legal order or circumstances that make continued operation unlawful or impracticable. Any forfeiture of paid access is limited to what applicable law permits. A good-faith complaint or exercise of statutory rights is not grounds for retaliation.
For a planned closure or termination without user fault, we will give reasonable advance notice where practicable, ordinarily aiming to provide 30 days, and a reasonable opportunity to download accessible lawful content. We may have to act sooner when circumstances require it. We cannot guarantee a download opportunity after an unexpected outage, loss of data, urgent legal restriction or security incident.
If we withdraw a paid service, we will provide any refund or other remedy required by applicable law.
You may stop using the Service and request account deletion. Deleting the organizer's account or an Event can remove the Event and all participants' photos. Deleting a contributor's account can also remove that contributor's uploads from other people's Events. Notify affected people and download permitted copies first where appropriate. Deletion is subject to the Privacy Policy and mandatory rights.
Termination does not require us to retain or restore content indefinitely. Terms concerning accrued payments, content responsibility, valid licenses for already downloaded copies, lawful preservation, liability, indemnity and disputes survive to the extent needed for their purpose.
13. Third parties and circumstances beyond our control
The Service relies on networks, device operating systems, app stores, authentication, payment and infrastructure providers. External websites and independently supplied services have their own terms and privacy practices. We do not endorse independent third-party content or guarantee the continued availability of a particular integration.
To the extent permitted by law, we are not liable for a failure caused by circumstances beyond our reasonable control that we could not reasonably prevent or overcome, such as a major network disruption, natural disaster, government restriction or comparable event. A provider outage, cyberattack or software bug is not automatically such an event merely because another company or technical system is involved. We remain responsible to the extent mandatory law attributes an obligation or fault to us.
14. Occur intellectual property and feedback
The Service's software, brand, design and materials other than User Content belong to us or our licensors. Subject to these Terms and applicable store terms, you receive a limited, non-exclusive, revocable right to use the Service for its intended purpose. This does not transfer ownership of our intellectual property or authorize unauthorized resale, cloning or use of our branding.
If you voluntarily submit suggestions, you allow us to use them to improve the Service without payment or an obligation to implement them. Do not send confidential third-party information. This feedback permission does not convert private Event photos or a privacy complaint into marketing material.
15. Software risks and warranty disclaimers
These provisions apply to every use of the Service, including free Events, free participation, paid Events and guest access. Software can contain bugs and experience outages, delays, failed uploads, corruption or loss of data. We do not undertake a contractual guarantee of fault-free operation, continuous availability or a particular photographic result.
To the fullest extent permitted by applicable law, the Service is provided as available and as is, without additional express or implied warranties, including merchantability, fitness for a particular purpose, title or non-infringement. This does not disclaim an express commitment made in the applicable purchase description or a warranty that the law does not allow us to disclaim.
We do not warrant that the Service will always be available, secure, error-free or compatible with every device; that every defect will be corrected; that uploads, downloads, effects, notifications or reveals will always finish on time; or that content cannot be lost, corrupted, disclosed without authorization or rendered inaccessible.
Occur does not undertake the responsibilities of a professional photographer or promise a complete photographic record of a wedding, party or other Event. If capturing a moment is essential, arrange another means of recording it. Important photos should have independent backups outside Occur. These precautions do not shift to you responsibility that mandatory law places on us.
16. Liability exclusions for all users and fallback cap
The exclusions in this section apply to all organizers, participants, guests and other users, regardless of whether an Event or feature is free, paid, promotional or paid for by someone else. They do not depend on a purchase, the amount paid or the availability of a refund.
Subject to section 17 and to the fullest extent permitted by law, we do not assume contractual financial responsibility for ordinary software defects, interruptions, unavailability, failed captures or transfers, delayed reveals, corruption or loss of content, or the losses you attribute to those failures or to being unable to use the Service.
Subject to section 17 and to the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages; loss of profits, revenue, business opportunities, goodwill or anticipated savings; loss of data or photos; loss of use; or interruption of an Event or business arising from use of, inability to use or termination of the Service.
To the same legally permitted extent, excluded claims include the cost or sentimental value of a wedding or celebration, the cost of hiring another photographer, recreating or rescheduling an Event, replacing a photographic record, missed moments, disappointment, emotional distress and reputational loss. Describing these losses here does not determine their legal classification or exclude compensation that applicable law makes mandatory.
If liability nevertheless arises despite the foregoing exclusions, and that liability may lawfully be limited, the following fallback cap applies: for all claims arising from or relating to one Event, our total aggregate monetary liability to you is limited to the total price you actually paid for that Event, including any paid options. For claims unrelated to an Event, the aggregate cap is the total amount you paid us for the Service in the 12 months preceding the event giving rise to the claim. If you paid nothing, the contractual cap is zero only where a zero cap is lawful; otherwise your mandatory remedies apply. This fallback calculation does not determine whether the general exclusions apply.
The cap applies collectively to us and persons acting for us, regardless of the number of claims or legal theory, including contract or negligence, only to the extent such a limitation is enforceable. Amounts already returned for the same loss count toward the cap where permitted, without limiting mandatory remedies or aggregating different people's nonwaivable rights.
These exclusions reflect the technical nature of the Service and the absence of a contractual guarantee to preserve every photo, record every moment or remain continuously available. They apply independently of payment. If an exclusion or cap cannot lawfully apply, the mandatory rule prevails.
17. Mandatory rights and exceptions
Nothing in these Terms excludes or limits fraud, fraudulent misrepresentation, intentional wrongdoing, death or personal injury caused by negligence where protected by law, or any other responsibility that cannot legally be excluded or limited. Gross negligence is excluded from a limitation wherever applicable law makes that limitation invalid. Mandatory consumer, digital-service, data-protection and personal-rights remedies remain available.
A consumer retains applicable mandatory rights even if another clause uses phrases such as no liability, as is, at your own risk or sole responsibility. Those rights can apply to free and paid use. The exclusions and cap apply only to the extent they are legally effective.
18. Claims caused by your unlawful content or misuse
To the extent permitted by applicable law, you must indemnify us for reasonable losses, amounts awarded or reasonably settled, and reasonable legal costs arising from a third-party claim caused by your unlawful User Content, infringement of another person's rights, fraudulent conduct, culpable misuse of the Service or material breach of these Terms attributable to you.
This obligation applies only to the extent the claim is attributable to your conduct. It does not make you indemnify us for our own breach, negligence or legal duties, or shift a burden to a consumer where prohibited. We will give reasonably prompt notice where lawful, allow reasonable participation in the defense, cooperate appropriately and take reasonable steps to limit loss. No settlement may impose an admission, payment or non-monetary obligation on you without your consent, which must not be unreasonably withheld where appropriate.
19. Apple and other platform terms
The iOS app is licensed under Apple's Standard Licensed Application End User License Agreement unless a separate valid custom license is expressly provided. These Terms address the Occur Service and do not purport to replace that standard software license or the App Store's applicable usage rules, including any applicable Family Sharing or volume-purchase rules.
Occur, not Apple, provides the Service and is responsible for its support and for product, consumer, privacy and intellectual property claims to the extent required by law. Apple has no obligation to provide maintenance or support for Occur. For failure to conform to an applicable app warranty, you may notify Apple and request the app purchase-price refund provided under its terms; any remaining responsibility is allocated by applicable law, not transferred to Apple by these Terms.
Apple and its subsidiaries are intended third-party beneficiaries of provisions applicable to the iOS app to the extent required by Apple's terms. Comply with applicable third-party agreements and trade or export restrictions. Where applicable, you represent that you are not located in a territory subject to a relevant U.S. embargo or designated by the United States as supporting terrorism, and are not on an applicable prohibited-party list. No platform clause reduces mandatory user rights.
20. Changes to these Terms and communications
We may update these Terms for changes in the Service, law, security or business arrangements. We will publish the updated version with its date and give reasonable advance notice of material adverse changes, ordinarily aiming for 30 days where practicable. Urgent changes required by law or security, and changes that only benefit users, may take effect sooner where permitted.
Changes do not retroactively remove accrued rights, alter an existing dispute or reduce a paid commitment contrary to law. Where affirmative agreement is required, we will request it. You may stop using the Service if you do not accept an applicable change, without losing any cancellation or refund right the law gives you.
We may send necessary service, safety, purchase, retention and legal notices by available email or in the Service. Electronic messages count as writing where permitted. Marketing permissions are handled separately. Keep your contact information current; some guest sessions have no email address.
21. Argentine law, courts and mediation
These Terms are governed by the laws of the Argentine Republic, subject to any mandatory law that applies notwithstanding this choice.
To the fullest extent a choice of forum is legally permitted, you and we submit disputes arising from these Terms or the Service to the exclusive jurisdiction of the competent courts of Argentina. This provision applies to free and paid use alike. Territorial and subject-matter jurisdiction within Argentina are determined by the applicable procedural rules.
Any legally required pre-court mediation or conciliation for proceedings in that Argentine jurisdiction will be conducted in Argentina under the applicable rules, with remote participation when those rules permit it. This clause does not create a private arbitration requirement, an additional mandatory mediation step where the law does not require one, or a waiting period for urgent relief or a complaint to an authority.
If mandatory consumer, procedural or international-jurisdiction rules prohibit a forum choice or entitle you to bring a claim elsewhere, those rules prevail. Nothing here requires a consumer to waive a competent court, applicable mediation or conciliation rights, or other nonwaivable protections. Contact us if you want assistance resolving a dispute; doing so does not shorten a statutory deadline or require you to give up legal remedies.
22. General provisions
These Terms and the applicable purchase description form the agreement for the Service, subject to mandatory law and any valid individual agreement. If a provision is unenforceable, it is ineffective to the extent required by law and the remainder continues where legally possible. A failure to enforce a provision once does not waive later enforcement.
We may transfer the Service and associated contractual obligations as part of a lawful business transfer, subject to required notice and without reducing mandatory user rights or the agreed protection of personal information. You may not transfer an account or contractual obligation without our permission, except where law provides otherwise.
The English version is the initial version of these Terms. Any mandatory local-language requirements and consumer interpretation rules prevail over a general language preference. Nothing here creates a partnership, agency or employment relationship between us and an Event organizer or participant.
23. Contact
Contact Occur at [email protected] for support, privacy requests, content reports and legal communications. Include an Event reference where relevant and share only the information reasonably necessary to handle the request.