Terms and conditions

1 · Who enters into a contract with whom

These terms apply to the use of Migumento, operated by Michael Bolliger, Earhart-Strasse 19, 8152 Glattpark (Opfikon), Switzerland (‘we’). The contracting party is the person who creates an event (‘the host’). Guests who visit an event through a shared link enter into no contract with us; sections 10 and 11 apply to them.

2 · What Migumento is

An event is the shared place for the photos and videos of an occasion. The host creates it and shares a link or a QR code; guests upload their photos and videos without signing in and without an app. Everyone sees everything, and at the end everything can be downloaded.

There is no subscription and no account. An event is paid for once or not at all, and nothing renews automatically.

3 · Free to use

Creating an event costs nothing. Without payment:

• Uploading, viewing, commenting and the slideshow are unlimited and always free.
• Up to 500 MB of event size, original files can be downloaded as well. Above that the originals stay locked until the event is unlocked — everything stays visible.
• The event stays reachable for 3 months, counted from the end of the occasion.

4 · Prices

Payment is per event, once, in Swiss francs. What counts is the actual measured size of the event:

The struck-through amounts are the regular prices. The current prices are introductory prices and apply until 31 December 2026; after that the regular prices apply to new purchases. An event that has already been paid for is never affected by this after the fact.

The ‘roughly equals’ figure is an estimate to give you a sense of scale (calculated at around 4 MB per photo) and not an assured number of items — what is counted is bytes, not photos. Videos are considerably larger than photos: ten seconds from a modern phone weighs around 20 to 25 MB, so about as much as five to six photos.

‘Unlimited’ means: everything from your occasion. No byte limit, no photo count, no payment afterwards — whatever comes out of your occasion has room. What it does not mean is set out in sections 9 and 10, and it is exactly what you would expect: Migumento is an album for one occasion and not a file store.

The amount shown is the amount that gets charged. We are not liable to VAT, so no VAT is added — and nothing else is added on top either. Payment is in Swiss francs.

If your billing address is outside Switzerland, Stripe acts as the merchant of record and pays over the VAT owed there; it is already included in the amount shown and the price stays the same — though it may then be shown and charged in your own currency.

5 · Paying — before or after

You can pay at any time: before the occasion takes place, or only afterwards, once it is clear how big the event has become. Pay before and you choose a package; pay afterwards and you are offered the package that matches the measured size. It costs the same.

Payment runs through Stripe — by card or TWINT. Stripe decides exactly which methods appear in the payment window, based on your country and your device; more may be added.

We are the seller — Stripe only handles the payment. The contract for the unlock comes about between you and us as soon as Stripe confirms the payment. With TWINT and similar methods that can take a moment; the unlock happens as soon as the confirmation reaches us.

If you give a billing address outside Switzerland when you unlock, the contract of sale comes about with Link, LLC (Stripe): Stripe is then the merchant of record, states the local VAT and takes on the receipt, refunds and chargebacks for that purchase — the price shown stays the same, the album and the support for it come from us, and our promise in section 8 applies unchanged.

6 · If the event grows, you pay only the difference

If an event grows beyond the package you paid for, you can move up to a bigger one at any time. The full value of what you already have is credited to you — you pay the difference and nothing else, and never twice for the same tier. That applies as well if you did not buy the smaller package but were given it by us.

There is no way back down: a package that has been paid for stays paid for.

7 · How long a paid event stays reachable

24 months from the day of payment. If the free window (3 months from the end of the occasion) ends later, that later date applies — paying never shortens the term. Every extension adds a further 24 months from the day it is bought. So anyone who unlocks an event that has already expired always gets the full 24 months, not a term that runs out again at that very moment.

After that the event is locked. That does not delete it (see section 13), and you can unlock it again at any time. The expiry date is shown in the event at all times under Management → ‘Storage’.

8 · If it is not right, you get your money back

A 60-day right of return, no ifs or buts. If Migumento does not do what you expected, we refund the full amount — within 60 days of the payment, by the same route you paid by.

How it works: there is a form for it in the event, under Management → ‘Storage’. You write in what was not right — that is the only thing we ask for, and not as a hurdle but because otherwise we cannot put the problem right. You can also simply write to us at info@migumento.com. We get back to you within a few days.

After the 60 days the claim lapses, but our willingness does not: write to us anyway. There is no statutory right of withdrawal for online services in Switzerland; we give this promise voluntarily. Statutory consumer rights in your own country — a right of withdrawal where the billing address is outside Switzerland, for instance — are unaffected by this and are not limited by this promise.

9 · Fair use — what ‘unlimited’ means

Unlimited refers to your occasion, not to gigabytes. Every photo and every video taken at your occasion has room — including a three-day wedding with two hundred guests who are all filming. We do not keep count, we do not do the sums afterwards, and no bill follows.

What it does not mean: that Migumento becomes a file store, a distribution channel or a backup copy. That is set out in section 10, and it is the condition on which we can offer ‘unlimited’ at all.

You and your guests can download as much as you need. But so that a guest link that has become public does not turn into a self-service shop, a protective limit applies to the total volume of data drawn through that link. It is set so that an occasion does not reach it in normal use — not even a very large one. It never applies to you yourselves: with the Manage link you download your event as often as you like.

If it is reached after all, we tell you and raise it on request. It is a brake against misuse, not a quota, and we do not count it against you. The same applies the other way round: if an event reaches a size that no occasion produces, we get in touch with you — we do not lock without a word.

10 · What Migumento is for — and what belongs in it

The purpose, and it is binding

Migumento is a shared photo and video album for one occasion — a wedding, a birthday, a company party, a trip, a celebration. An event collects the photos and videos of the people who were there and makes them available to those same people. That is what you may use it for, and only that.

This is not a formality, it is the basis of the price: the unlimited rate in section 4 is costed for one occasion. If Migumento is used for something else, the sums no longer work — and at everyone else’s expense. So the following in particular are not allowed:

• using Migumento as a file store, cloud storage or hosting for content that does not come from an occasion;
• using an event as a distribution channel to deliver files to an open or broad audience that is not the guests of your occasion — by publishing the guest link on a website, in a forum or in a public channel, for instance;
• using Migumento as a backup copy or archive (see also section 12);
• uploading or downloading on a large scale automatically, mirroring the service, scraping it or driving it with scripts;
• reselling or renting out the service, or passing it off as part of an offering of your own;
• getting around the protective limit in section 9, for instance by spreading the same content across several events.

What belongs in an event

The host is responsible for what ends up in their event. Anyone who uploads photos is responsible for being allowed to. In particular:

• Anyone recognisable in a photo has a right to their own image. Get the consent of the people shown before you put photos of them into an event — especially with children.
• Do not upload anything you have no rights to.
• Content that is criminal, that disparages others or that infringes personality rights is not allowed, nor is advertising, nor anything that turns an event into something other than the memory of an occasion.

What we may do if this is not kept to

We reserve the right to lock an event, to remove its content or to end its use if we have concrete grounds to suspect a breach of this section or receive a credible report. We do that as sparingly as we can: as a rule we write first and give you the chance to secure the content. In the case of a serious or obvious breach — in particular criminal content, or use that impairs the service for others — we lock immediately.

Where an event is locked for use outside that purpose, there is no claim to a refund; the promise in section 8 does not apply to it.

11 · The photos stay yours

We acquire no rights in your photos and videos. We receive only the right to store them, to prepare them technically (preview images, formats for different screens) and to show them to the people entitled to them and hand them over — that is, exactly what is needed for the event to work. We do not use your photos for advertising, we do not show them to anyone else, and we do not train anything on them.

12 · Availability, data loss and liability

Availability

We run Migumento to the best of our knowledge and with care, but give no assurance of any particular availability. Maintenance, faults at our service providers, attacks and force majeure can lead to interruptions at any time — including during your occasion. An interruption on its own gives rise to no claim.

Data loss

Migumento is not a backup, and we do not owe you one. We take no responsibility for the loss, the damage or the unreachability of photos, videos, comments or other content — whatever the reason. Keep your photos and videos where they were taken. An event is a place for sharing and never your only copy.

Security

How we protect the data is set out in the Privacy Policy. That is care and not a guarantee: absolute security does not exist on the internet, and we cannot rule out that an attack, a mistake at a service provider or a link passed on to someone else leads to unauthorised access.

Liability

For intent and gross negligence we are liable without limitation — Art. 100 OR (Swiss Code of Obligations) requires that, and we could not exclude it even if we wanted to. Beyond that:

• Our liability is in every case limited to the amount you paid for the event concerned. The refund of that amount is your sole and final claim.
• For an event that nothing was paid for, there is no claim to payment against us.
• We are not liable for consequential loss, lost profit, data loss or non-material damage, as far as the law allows.
• We are not liable for the content and the conduct of hosts and guests (see section 10).
• For outages at our service providers we are liable only within the limit above.

13 · Deleting and ending

You can delete individual photos or the whole event at any time. Deleted is deleted — we cannot get anything back. An event whose access period has expired is locked and not deleted automatically; if you want it deleted for good, write to info@migumento.com.

We can terminate a contract on 30 days’ notice, and in that case we give you the chance to download everything beforehand. In the case of a serious breach of section 10 we may lock immediately.

14 · Changes to these terms

We may adjust these terms. For an event that has already been paid for, the version in force at the time of purchase applies — a new version changes nothing about the price, the package size or the access period of an event already bought.

15 · Applicable law and place of jurisdiction

Swiss law applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is the provider’s registered office, unless a mandatory place of jurisdiction applies — for consumers, the statutory place of jurisdiction at their domicile remains open in every case.

Should a provision of these terms be invalid, the remaining ones stay valid.