Agreement for Purchase of Simpixy Moments Software and Gallery Storage Services
Welcome to Simpixy Moments! This module lets you (couples, hosts of the celebration, or event hosts) manage an interactive event gallery, collect photos from guests and the photographer, and use smart face recognition and AI.
This document is a binding agreement between the event hosts / couple (the “Commissioning Party” or “Event Manager”) and the operators of Simpixy (Rami Pazhar, exempt dealer no. 040076135). (the “Platform” or “Business”).
Together with acceptance of the Terms of Use and Privacy Policy, this agreement constitutes the parties’ full agreement. In case of conflict between this agreement and the general Terms or Privacy Policy, the following order of precedence applies: this commercial agreement prevails regarding pricing, rates, subscription plans, payment terms, and cancellation mechanisms; the general Terms and Privacy Policy prevail regarding photographer declarations, information security, biometrics, and intellectual property.
This agreement is drafted in the masculine for convenience and applies to all genders.
1. Your status as “Event Managers” (data controllers)
The Platform is an infrastructural, automatic self-service tool and does not actively or manually intervene in content management. Simpixy operators cannot view content uploaded to folders or galleries.
The Customer is the sole party authorized to determine who may access folders and photographs (password-protected accounts, group passwords, or share links for casual guests). The Customer bears absolute responsibility for content and media stored on the Platform, including leaks or exposure from negligent permission settings or opening galleries publicly without protection.
By registering for Simpixy Moments you are legally defined as Data Controllers and exclusive admins of the event gallery.
You have exclusive authority, control, and responsibility to manage links and QR codes, invite guests and photographers to upload photos, delete unsuitable photos, update names and tags, and set privacy and exposure levels for the event.
Simpixy acts as a technological Data Processor in a self-service model and does not actively supervise photos uploaded to your event gallery.
2. Guest notices, AI processing, and prohibition on harmful content
You are solely responsible for informing event guests (via signs, QR codes, or messages) that photos they upload to the gallery will be visible to other event guests who have the link, according to the settings you define.
The service includes an AI system for face recognition and photo grouping. Any guest who enters the gallery and wishes to use biometric search must approve this actively and explicitly in the interface.
Absolute prohibition on harmful media, tags, and nicknames:
The Customer undertakes that use of galleries, folders, and allocated storage will be only for lawful uses under the laws of the State of Israel. It is absolutely prohibited to use the Platform to upload, store, distribute, or tag materials that infringe copyright, pedophilic content, pornographic or harmful materials stored or created unlawfully, or files used to degrade, humiliate, harass, or defame any person.
Platform staff have no routine access or human supervision of folder content, which is blocked by default. However, if the Business learns (via user reports, security alerts, or a competent authority demand) that folders or storage are used for illegal or infringing uses as stated in clause 3.1, the Business may immediately block gallery access, suspend or permanently delete the account, erase all content and vectors from servers, and transfer findings to law-enforcement authorities, without prior notice and without any right to a refund.
The Customer must monitor and delete guest-uploaded photos that constitute pornography, explicit sexual content, pedophilic content, defamation or severe privacy harm, or copyright infringement.
It is strictly prohibited to enter in the gallery cataloging system nicknames, tags, group names, or identifiers that are embarrassing, humiliating, insulting, or offensive regarding any guest or photographed person; the Commissioning Party bears responsibility for such tagging.
3. Payment, transaction cancellation, and Consumer Protection Law
Payment for the Simpixy Moments package is collected when ordering the service via an authorized payment provider (Sumit). Access to the gallery and the Commissioning Party’s personal area is conditioned on payment or on access rights granted by the Platform owners.
Cancellation right under the Consumer Protection Law:
The service is classified as digital information and goods that can be copied.
For paid plans, cancellation is possible within 14 days of the order date, provided actual use of the service has not begun (such as creating a personal area, uploading photos, activating AI, or creating an active event gallery).
4. Subscription period, service terms, and rate changes
Subscription period, service scope, allowed storage volumes, and logical access terms follow the plan offered from time to time and published on the subscription registration page. The subscription is a continuing transaction that renews automatically and cyclically unless written non-renewal notice is given at least 3 business days before the end of the paid period.
The service is classified as supply of digital “information” and goods that can be reproduced or copied; therefore the cancellation right expires completely once access to the subscription account is granted and the user enters it. Purchase of a subscription package is final; no refunds, credits, or returns are given for partial use mid billing period.
5. Data confidentiality, non-access, and deletion policy
The Platform undertakes not to transfer information, photographs, or personal and biometric data of the photographer and photographed persons to any third party without an express instruction. Platform staff have no routine access or ability to view content inside customers’ private folders; folders are end-to-end encrypted and logically isolated on the servers.
Erasure mechanism and no responsibility for data integrity:
Paid subscription that ended: Upon end of subscription for any reason (including credit-card failure), the system moves the customer’s folders to a frozen archive for 90 days only, during which scheduled notices are sent. After 90 days, the system forcibly and automatically executes an absolute deletion that permanently and irreversibly destroys all source files, galleries, and biometric identifiers from production and backup servers. The Platform and its owners have no responsibility, liability, or warranty for data integrity, file integrity, or availability after that 90-day period; the Customer waives any claim for loss or deletion of materials.
Free / inactive subscription: For a free subscription or inactive account, written notice is sent to the subscriber 30 days before gallery deletion, and the Business may erase the information to prevent excess accumulation of personal data.
No responsibility for data integrity: The Platform and its owners have no responsibility, liability, or warranty for data integrity, file integrity, or availability after the periods stated above; the photographer waives any claim for loss or deletion of materials. (Financial information is retained 7 years as required by law.)
6. General
Simpixy stores uploaded media and files using cloud servers (Microsoft Azure and Wasabi.com in the Europe / EEA region). Biometric processing is performed locally on dedicated equipment at the Business premises. Use of the service requires continuous internet connectivity on the Customer’s side. Accordingly, service failures due to power outages, defenses against attacks on the system or servers, maintenance work, or factors beyond the Platform’s control do not constitute a breach of Simpixy’s commitments to the Customer.
The Platform runs an automatic daily database backup and a local physical-disk backup at the Business premises (5 days back) for server disaster recovery only. Simpixy does not provide backup services for content and media. The Customer must ensure they hold an additional local backup of media uploaded to the Platform.
This agreement is governed solely by the laws of the State of Israel. Any legal dispute between the parties arising from this agreement shall be brought exclusively before the competent court in the State of Israel.
∕ I approve the terms of this commercial agreement
∕ I have read the Terms of Use and the Privacy Policy and I approve them