Terms and Conditions

These terms are the agreement between you and TKOCY LTD ("Kukuva", "we", "us"), a company registered in Cyprus with company number HE399700 and registered office at Panagias Evaggelistrias 89B, 4156 Limassol, Cyprus. Kukuva is the name under which we provide the event photo-sharing service at kukuva.cy and app.kukuva.cy (the "service").

You can reach us at [email protected] or +357 25 253190.

By creating an account, creating an event, paying for a package or adding anything to an event, you accept these terms. Please read them together with our Privacy Policy, Refund Policy, Cookie Policy and Acceptable Use Policy, which form part of them.

1. Who is who

• Host: a person who creates a Kukuva account and an event, or is invited to help run one (a co-host or collaborator). The person who created the event is its owner.
• Guest: a person who opens an event through its link or QR code to add or view photos, videos, text messages or voice messages. Guests do not need an account.
• Visitor: anyone who visits kukuva.cy.

Sections 5, 6 and 13 apply to guests as well as to hosts.

2. The service

Kukuva lets guests scan a QR code or open a link and add photos, videos, text messages and voice messages to one shared event album, with no app to install and no sign-up. Hosts design the event, print QR cards and posters, show a live photo wall on a screen, moderate what is shared, ask guests questions and download the album. What an event can do depends on its package (section 7).

We keep improving Kukuva and may change, add or remove features. We will not take away something that is a main part of a package you have paid for while that event's storage period runs, unless we give you an equal alternative or a fair refund for what you lose.

3. Your account

• Accounts are for people aged 18 or over. Accounts must be created by a person, not by a bot or an automated process.
• Give us true details and a working e-mail address, and keep them up to date. You need to confirm your e-mail address before you pay.
• You can sign in with an e-mail and password or with Google. Keep your password safe and do not share your account. Two-step sign-in is available and we recommend it.
• Tell us at once at [email protected] if you think someone else has used your account. We are not responsible for losses caused by someone using your sign-in details where you did not keep them safe.
• The Free package is there so you can try Kukuva. Do not open several accounts or events to get around its limits.
• When you invite co-hosts, they can see and manage the event. The owner stays responsible for the event and for the people they invite.

4. Hosts' responsibilities

You organise your event, so you decide who gets its link and QR code and how its album is set up. As a host you agree to:

• tell your guests that what they add will be shared in the event album and may appear on the photo wall, for example with the table cards or a sign at the venue
• respect guests who do not want to be photographed or shared, and remove content when someone shown in it reasonably asks you to
• make sure you have the agreement of parents or guardians before photos or videos of children are shared, where this is needed
• use the settings that fit your event (album password, approval before showing, upload-only album, guests' downloads on or off). Anyone who has the link or the QR code can join an event that has no password
• moderate your album and remove content that breaks our Acceptable Use Policy
• download anything you want to keep before the event's storage period ends. Kukuva is not a permanent archive (section 9)

For the personal data in your guests' uploads, you decide why and how it is used, and we process it for you (section 14 and our Privacy Policy).

5. Content and licences

You keep what is yours. Hosts and guests keep all their rights in the photos, videos, messages and other content they add ("content").

Licence to the hosts. When a guest adds content to an event, the guest gives the hosts of that event a free, non-exclusive, worldwide and lasting permission to keep, view, download, print and share that content for purposes connected with the event, for example to share it with family and friends or to make a printed album.

Licence to us. Hosts and guests give us a free, non-exclusive, worldwide permission to store, copy, convert, resize and display their content, and to remove location data from it, only so far as we need to run the service for the event. This permission ends when the content is deleted, apart from short-lived copies that disappear in the normal course of our systems. We do not use your content to advertise Kukuva and we do not sell it.

Your promise. Whoever adds content confirms that they have the right to do so, that it does not break the law or anyone's rights, and that the people shown in it would reasonably accept it being shared with the event's guests.

A guest can delete what they added from the phone they used to add it. A host can hide or delete anything in their event.

6. Acceptable use (summary)

You must not use Kukuva to add or share illegal content, sexual content involving minors, intimate images of anyone without their consent, content that harasses, threatens or incites hatred, or content that infringes someone else's rights. You must not spread malware, get around limits or security, overload or scrape the service, impersonate others or resell the service without our written agreement. The full rules and how to report content are in our Acceptable Use Policy. We may remove content and suspend events or accounts that break them (section 15).

7. Packages, prices and payment

• Every event has a package: Free, Plus or Pro. Packages are one-off payments per event. There is no subscription and nothing renews.
• The limits and features of each package (number of uploads, how long uploads stay open, how long the album is kept, quality, features) are on our pricing page. The package an event has when you pay is the one you get.
• Prices on kukuva.cy are shown without VAT. Cyprus VAT at 19 % is added and the total is shown before you pay. You receive an invoice with VAT by e-mail and in your account.
• Prices are in euros (EUR). We may change prices at any time, but a change never affects an event that is already paid for.
• You can pay by card through Stripe (including Apple Pay and Google Pay where your device offers them), through PayPal, or by bank transfer. We do not see or store your full card details. With a bank transfer, the package starts once we have received the money.
• Discount codes follow the terms shown with them, cannot be exchanged for cash and cannot be combined unless we say so.
• A package belongs to one event and cannot be moved to another.
• We may refuse or cancel an order where we suspect fraud or a breach of these terms. If we do, we refund anything you paid for it.

8. Upgrades

You can upgrade an event to a higher package at any time and you pay only the difference between the price of the new package and what the event has already paid (plus VAT). An upgrade recalculates the upload window and storage period from the same starting point (section 9) and can reopen an event whose uploads have closed. Moving an event to a lower package does not create a refund, except as set out in our Refund Policy.

9. Upload window, storage and deletion

When the clock starts. An event's clock starts at the first upload on or after the event date (local time in Cyprus), or at noon on the event date if nobody has uploaded by then. Uploads made before the day are welcome and do not start the clock.

Upload window and storage period. From that start, guests can add content for the event's upload window. After the window closes, the album stays available for the storage period, and then it is deleted.

These figures are the ones on our pricing page on the date shown above. If the pricing page differs when you pay, the pricing page applies to your event.

Automatic deletion. We e-mail the owner 7 days and 1 day before the storage period ends. When it ends, we automatically and permanently delete the event's photos, videos, messages, voice messages and guests' details, and the event is archived. Orders and invoices are kept because the law requires it. Items that hosts or guests delete go to a bin and are deleted for good after 30 days. "Download all" files are kept for 3 days. Deleted content cannot be recovered, including from backups, so please download what you want to keep in good time.

10. Availability

We work hard to keep Kukuva running and fast, but we cannot promise that it will always be available or free of faults. We may need short maintenance breaks, which we try to plan outside event times. Venue Wi-Fi, mobile networks and guests' phones are outside our control. Uploads resume on weak connections, and guests' phones keep their own copies of what they add.

If a fault on our side stops your event from using Kukuva as its package promises, tell us at [email protected]. We will put it right and, where we cannot, we will give you a fair refund in line with your legal rights and our Refund Policy.

11. Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited or excluded under Cyprus or EU law. Nothing in these terms affects your statutory rights as a consumer.

Within those limits and as far as the law allows:

• we are responsible for loss that is a foreseeable result of our breach of these terms or our negligence, and we are not responsible for loss that was not foreseeable
• we are not responsible for loss of profit, business or opportunity, or for indirect loss
• we are not responsible for loss of content that you could have downloaded before the storage period ended, or that was deleted by a host or guest
• we are not responsible for delays or failures caused by events beyond our reasonable control
• if you use Kukuva for a business, our total liability to you for each event is limited to the amount paid for that event in the 12 months before the claim arose

12. Indemnity

If you use Kukuva for a business, you agree to cover our reasonable costs, including reasonable legal fees, arising from a claim by a third party caused by content you added or by your breach of these terms. For consumers this applies only as far as the law allows. We will tell you about such a claim promptly and let you take part in how it is handled.

13. Intellectual property

The Kukuva name, the owl logo, the software, designs, templates, texts and the look of the service belong to us or to those who licence them to us. We give you a personal, non-transferable right to use the service under these terms. You may print and use the QR codes, cards and posters you make with Kukuva for your event. You must not copy, modify or reverse engineer the service except where the law allows it. If you send us ideas or feedback, we may use them without any obligation to you.

14. Processing guests' personal data for hosts

For the personal data in the content that guests add to an event (photos, videos, messages, voice messages, names and answers to the host's questions), the host decides why and how it is used and we process it on the host's behalf. In that role, and in line with Article 28 of the GDPR, we:

• process that data only to provide the service, following these terms and the settings the host chooses, unless the law requires otherwise (we will tell the host of such a requirement unless the law forbids it)
• make sure that people who handle it are bound by confidentiality
• protect it with appropriate technical and organisational measures (described in our Privacy Policy)
• use the sub-processors listed on our Sub-processors page, under contracts with equivalent obligations. The host authorises them by using the service. We update that page before adding or replacing one, and a host who objects may stop using the service and ask for a refund for the unused part of the package
• help the host respond to people who use their data protection rights, mainly through the tools to hide, delete and download content
• tell the host without undue delay if we become aware of a personal data breach affecting their event
• delete the data at the end of the storage period, or earlier when the host deletes it
• give the host the information needed to show compliance and allow reasonable audits, at the host's cost and with reasonable notice

15. Suspension and ending

You can stop using Kukuva at any time. To close your account, write to [email protected]. Closing an account deletes its events and their content. A package already used is not refunded, except as set out in our Refund Policy.

We may remove content, suspend an event or close an account if it seriously or repeatedly breaks these terms or the Acceptable Use Policy, if the law requires it, or to protect guests, other users or the service. Where we can, we warn you first. We always tell you the reasons, unless the law forbids it, and you can ask us to review our decision. If we close an account without a breach on your part, we refund the unused part of any package.

Sections 5, 11, 12, 13, 17 and 18 continue to apply after the agreement ends.

16. Changes to these terms

We may update these terms, for example when the service or the law changes. The date at the top shows the latest version. We will e-mail account holders before a significant change takes effect. A change never reduces what you already paid for in a package. If you do not accept a change, you can stop using Kukuva before it takes effect.

17. Law and courts

These terms are governed by the laws of the Republic of Cyprus. The courts of Cyprus have jurisdiction over any dispute.

If you are a consumer living in another EU country, you also keep the protection of the mandatory laws of that country, and you can bring proceedings in its courts.

If something goes wrong, please contact us first at [email protected] and we will try to solve it quickly. Consumers can also turn to the Consumer Protection Service of the Ministry of Energy, Commerce and Industry of Cyprus or to an approved alternative dispute resolution body.

18. General

• These terms and the policies named at the top are the whole agreement between us about the service.
• If a court finds part of these terms invalid, the rest stays in force.
• If we do not enforce a right at once, we can still enforce it later.
• We may transfer this agreement to a company that takes over the service. Your rights under it will not be reduced. You may not transfer it without our agreement.
• These terms are published in English and Greek. Both versions have the same value. If they differ, the meaning more favourable to a consumer applies.

19. Contact

• TKOCY LTD, Panagias Evaggelistrias 89B, 4156 Limassol, Cyprus
• E-mail: [email protected]
• Phone: +357 25 253190