These Terms and Conditions, which we call the "Terms", are a contract between you and Brinddi. They govern access to and use of the Brinddi platform, the "Service", which is operated from Honduras under the Brinddi trade name. In these Terms, "Brinddi", "we" and "the operator" refer to whoever operates the Service. If you create an account, buy a plan, set up an event, upload content or use the Service in any other way, you confirm that you have read, understood and accepted these Terms in full. If you don't agree with any part, don't use the Service.
1.Definitions
Unless the context says otherwise, these words have the following meaning in the Terms:
- The Service is the entire Brinddi platform: the website, the web app (PWA), the host dashboard, the event pages, the QR code and all related features.
- The host is you when you create, set up, pay for and manage an event within the Service.
- A guest is anyone who opens the event page with the QR code or the event link to upload or view content.
- An event is the space you create within the Service for a specific occasion: a wedding, a quinceañera, a birthday, a baptism, a baby shower, a graduation, a corporate event, a concert or something else.
- Content means the photos, videos, messages and other materials that you or your guests upload to the Service.
- A plan is the package of features you buy for an event: limits, video length, moments, storage days and other characteristics.
- Credits are prepaid units you can buy and keep in your wallet to enable events later.
- A reseller or planner is whoever buys credit packs to resell the Service under their own brand, as white-label.
- The storage period is the number of days we keep your event's content before automatic deletion. It depends on your plan.
- Day zero is the event date you set. The storage period starts running from that date.
2.What Brinddi is
Brinddi is a digital platform to gather and share the memories of an event. As the host, you create your event, choose a plan and get your own QR code. Your guests scan it with their phone camera and upload photos and videos from the browser, without installing any app. Then you download everything from one place.
The Service works for any kind of event, from a wedding to a concert. Brinddi is a web app, a PWA, that runs in the browser and isn't downloaded from any app store. To use it you need an internet connection and a device with a camera and a modern browser.
Where it's available
Brinddi is offered in the 13 countries where our payment processor can charge cards: Mexico, the United States, Guatemala, El Salvador, Honduras, Nicaragua, Costa Rica, Panama, the Dominican Republic, Belize, Guyana, Suriname and Sint Maarten. It's also offered in other territories where the processor operates and the law allows it. If you access it from a country where the Service isn't available, you may not be able to complete payment or use some features. We'll add countries as the processor and regulations allow.
3.Who can have an account
To create an account, buy a plan and manage events you must be an adult, at least 18 years old, and have the legal capacity to enter into contracts. By using the Service you represent and warrant that you meet this requirement and that the information you give us is true, complete and up to date.
The Service isn't intended for minors as account holders.
Your guests open the event page with the QR code and without creating an account, so Brinddi doesn't verify their age or identity. If your event includes or may include minors, you, as the host, are responsible for supervising them, for having their parents' or guardians' consent for them to appear in or upload content, and for making sure their participation complies with the applicable law.
4.Your account and link-based access
To sign in to your account you use a secure one-time link, a magic link, that we email to you. We don't use traditional passwords. Each link is personal and temporary. It stops working once you use it or when it expires, and then you need to request a new one.
You're responsible for controlling and keeping your email and access links confidential. Everything done from your account is considered done by you. If you think someone accessed your account without authorization, let us know right away. Brinddi isn't responsible for access that happens because a third party has access to your email or your links.
5.Plans, credits, wallet and reseller
The main model is a single payment per event. Each plan sets its photo and video limits, the maximum length of each video, the number of moments, the storage days and whether it includes customization or your own branding. Each plan's features and limits are shown on the Pricing page at the time of purchase and are part of these Terms.
Credits and wallet with rollover
For those who organize events often, like planners and venues, we offer credits that are kept in a wallet. With credits you pay in advance and enable each event when you need it. Credits can accumulate, or roll over, according to the current conditions shown in the Service. A credit is a prepaid balance for using the Service. It isn't electronic money or a deposit refundable in cash. Credits are governed by these Terms and by the Refund Policy.
Credits may have a validity period, and we tell you about it when you buy them. Once expired, they can't be refunded or exchanged. They aren't transferable, except under the reseller model. They also have no cash value and earn no interest.
Reseller and white-label
Planners can buy large credit packs to resell the Service under their own brand, as white-label, and customize their clients' experience. If you operate as a reseller, you're responsible to your own clients for the business relationship, the prices you offer them, the support you give them and compliance with the applicable law. Using the Service as a reseller doesn't create a partnership, agency or representation between you and Brinddi, and that use remains subject to these Terms.
If you operate as a reseller, you also agree to:
- Represent and warrant that you have the necessary rights to the brands, logos and materials you use to customize the Service, and hold Brinddi harmless from any third-party claim about them.
- Pass on to your end clients terms of use at least as protective of Brinddi as these Terms.
- Be solely responsible for your invoicing, your prices and the support you give your end clients.
6.Prices, payment and taxes
Prices are in United States dollars (USD). Payment is by card only, through Pagadito, our payment provider, and with the card brands and types Pagadito accepts. When you pay, we take you to Pagadito's secure environment. Your card details are processed directly by the payment provider, and Brinddi never receives or stores your full card number.
- The prices we show may not include taxes, fees or charges that apply in your country or from your card issuer. Any applicable tax is your responsibility.
- Your bank or card issuer may apply currency conversions or additional charges that Brinddi doesn't control.
- Each time you enable an event, by direct payment or with credits, that enablement applies to a single event, unless the plan expressly says otherwise.
- We may change prices and the makeup of the plans going forward. Changes don't affect purchases already confirmed.
7.Purchase, activation and storage day zero
An event goes through these four steps. They determine when the storage period starts:
- You create the event as a draft and set its type, name, event date, moments, theme and plan. While it's a draft, the event isn't active yet.
- To activate the event you pay by card through Pagadito or use credits from your wallet. On the Free plan it activates without payment. The event date is required to activate on every plan. Without it we can't open uploads on the right day or warn you before deleting anything. We also can't send your guests their album. When it's activated we save a "snapshot" of the plan, with the limits and storage days in effect at that moment, and generate your QR code.
- On the day of your event, uploads for your guests open on their own and close 48 hours after opening. Before that day your cover page and QR already work. Whoever scans the QR sees your event and we tell them what day to come back, but they can't upload anything yet. On the morning it opens we email you to let you know.
- Day zero for automatic deletion is the event date, not the payment date or the creation date. Your plan's storage period, shown in Pricing, starts running after the event.
Changing the event date
While the event is a draft, you change the date whenever you like from the editor. Once it's active, the date is changed from My events under these conditions:
- If no one has uploaded anything yet, the date simply moves. Day zero and the storage period are recalculated with the new date.
- If your guests have already uploaded photos or videos, you can move it, but doing so deletes everything that was uploaded. We tell you exactly how many memories you'll lose and ask you to confirm before deleting anything. This can't be undone.
- If you already downloaded your event's memories, the date can no longer be changed, because the event has already happened.
- The new date can't be a day that has already passed, and we may reasonably limit how many times you reschedule.
The day before your event we email you to remind you it's the last chance to move it at no cost. From the next day on, as soon as the first photo comes in, changing the date means deleting what your guests uploaded.
8.Content and intellectual property
Content belongs to whoever creates it. Brinddi doesn't claim ownership of the photos, videos or messages that you or your guests upload. You keep all your rights to your content.
For the Service to work, you grant us a license to that content. Where applicable, you guarantee that your guests grant it to us too. It's a limited, non-exclusive, worldwide, royalty-free license. It's used only to host, store, process and reproduce the content, and to display it and make it available during the storage period, only within the Service and only to the people you, as the host, authorize. Its only purpose is to provide the Service to you. It doesn't allow us to use your content for advertising without your permission. It ends when the content is deleted, except for necessary temporary technical copies or copies the law requires us to keep.
The Brinddi brand, its name, logo, design, texts, the platform and its software belong to the operator or its licensors and are protected by intellectual property laws. Using the Service doesn't give you any rights to them. You may not copy, modify or use them beyond what is expressly permitted.
Personal data
Your personal data and your guests' data are handled according to our Privacy Policy, which is part of these Terms. Your event's content may include images of people, with their faces, voices and other personal data. As the host, you state that you have the necessary consent from the people who appear in that content to upload and share it through the Service.
Each guest gets an album with the photos and videos they captured themselves. To send it, Brinddi asks for their email when they join the event, and their phone number if they want to give it. Brinddi handles that contact information as the controller, under the Privacy Policy. It may use it to send them their album and to invite them to use Brinddi for their own events. The host doesn't get access to guests' emails or phone numbers through the Service.
Who is responsible for what
The host is responsible for the event and for the images captured, uploaded and shared in it. Brinddi is only a technical intermediary: it runs the tool that gathers that content and makes it available. It doesn't organize the event or control or review in advance the content guests upload.
Reporting content
If you think any content on the Service affects your image, privacy or copyright, or a third party's, you can report it to hola@brinddi.com with the details we need to find it. We remove in good faith the content that reasonably should be removed. If content is removed because it breaches these Terms, there's no right to a refund.
9.Acceptable use and prohibited content
By using Brinddi you agree to do so lawfully and respectfully. You and your guests agree not to upload, share or allow content or conduct that:
- Is illegal, defamatory or libelous, or infringes copyright, trademarks, privacy, image or other third-party rights.
- Is sexually explicit, obscene or pornographic.
- Involves minors in any sexual, exploitative or abusive context. This is strictly prohibited. If we detect it, we delete it, report it to the competent authorities and close the account immediately.
- Promotes violence, hate, discrimination, harassment or dangerous or illegal activities.
- Contains viruses, malware or malicious code, or tries to compromise the security or operation of the Service.
- Impersonates another person or organization, or misrepresents your relationship with someone.
- Is unsolicited advertising, spam or a use of the Service for anything other than gathering your event's memories.
- Collects or exposes third parties' personal data without their consent.
We may review, restrict, delete or disable content and accounts that break these rules, and report them to the authorities when appropriate. If the breach is attributable to the user, these measures don't entitle you to a refund.
10.Host responsibilities
As the host, you're responsible for how your event is used. In particular:
- You must have the consent of the people at your event for their images and videos to be captured, uploaded and shared through the Service. You must also reasonably inform them that Brinddi is being used.
- You're responsible for moderating your event's content and acting on any abuse by your guests.
- You're responsible for downloading and backing up your material before the storage period ends.
- If you operate as a reseller, you're responsible to your own clients under section 5.
If minors appear in or take part in your event, you represent and warrant that you have the valid prior consent of their parents or guardians to capture, upload and share their image, voice and data through the Service. You agree to keep proof of that consent and to provide it to Brinddi or the competent authority within 5 business days of our request. Not having that consent, or not having proof of it, is a serious breach of these Terms. It entitles Brinddi to suspend or close your account and remove the content, with no right to a refund. You, as the host, answer to those minors, their parents or guardians and the authorities for capturing and using their image and data.
11.Service availability
The Service is provided "as is" and "as available". We make reasonable efforts for it to run reliably, but we don't guarantee uninterrupted, continuous or error-free operation. There may be interruptions due to maintenance, updates, technical failures, third-party dependencies such as hosting and payment providers, or causes beyond our control.
To the extent permitted by law, we disclaim all implied warranties of merchantability, fitness for a particular purpose and non-infringement. We don't guarantee that the Service will meet all your expectations or that content will be kept beyond the storage period.
12.Limitation of liability
To the maximum extent permitted by applicable law, Brinddi isn't liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, content, opportunities or profits, arising from the use of or inability to use the Service. This includes the loss of content after the storage period.
In any case, Brinddi's total cumulative liability to you for any claim related to the Service is limited to the amount you actually paid Brinddi for the event or plan that gave rise to the claim. If the event was enabled with credits, the cap is the value of the credits used for that event. We aren't responsible for content uploaded by hosts or guests, or for the conduct of third parties.
13.Indemnification
You agree to hold harmless and defend Brinddi, as well as its collaborators and providers, against any claim, lawsuit, loss, damage or expense, including reasonable attorneys' fees, arising from any of these causes:
- Your content or your guests' content.
- Your breach of these Terms or of the law.
- Lack of consent from the people at your event. This especially includes lack of consent from the parents or guardians of any minor whose image, voice or personal data appears in the content, and any claim by a parent, guardian or authority concerning the rights of minors.
- Your activity as a reseller with your own clients.
14.Storage and automatic deletion
Your event's content is kept for your plan's storage period, which ranges from 7 days on the Free plan to 365 days on Premium. Each plan's days are listed in Pricing. It's counted from day zero, which is the event date, as section 7 says. After that period, the content is deleted automatically and permanently.
That is your plan's guaranteed storage period. Before deletion we send you two reminders, 7 days and 1 day before. Once the storage period ends, we give a 3-day grace period and then delete the content for good. The 3 grace days are an operational margin and don't extend the storage period you bought. The reminders are a courtesy. Downloading and backing up your material in time is your responsibility. Once deleted, content can't be recovered.
15.Suspension and termination
We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if we detect fraud or a security risk, if an authority or the law requires it, or if your use affects the integrity of the Service or the rights of third parties. When reasonable, we'll try to let you know.
You can stop using the Service whenever you want and request deletion of your account by writing to us. Termination doesn't affect obligations already incurred. After termination, the provisions that by their nature must survive remain in effect, such as those on intellectual property, limitation of liability, indemnification and governing law.
16.Refunds
Refund conditions are governed by our Refund Policy, which is part of these Terms. That includes per-event payments, credits and reseller transactions. We recommend reading it before you buy.
17.Force majeure
Brinddi isn't responsible for failing to provide, or delays in providing, the Service when this is due to causes beyond its reasonable control, such as natural disasters, power or internet outages, failures of hosting or payment providers, cyberattacks, acts of authority, conflicts, pandemics or other force majeure events.
18.Changes to the Terms
We may update these Terms because of changes to the Service, the law or our practices. We'll publish the current version with its "Last updated" date. When changes are significant, we'll try to notify you through a reasonable channel. If you keep using the Service after a change takes effect, you accept the updated Terms.
19.Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Brinddi may assign or transfer these Terms, in whole or in part, for example in a reorganization, a merger or a transfer of its business, as long as your essential rights are respected.
20.Severability and waiver
If any provision of these Terms is found invalid or unenforceable, the rest remain fully in effect. The affected provision is interpreted as closely as possible to its original intent. Brinddi not exercising a right at a given moment doesn't mean it waives that right later. These Terms, together with the policies they refer to, are the entire agreement between you and Brinddi about the Service.
21.Governing law and jurisdiction
These Terms are governed by and interpreted under the laws of Honduras, the country from which the Service is operated. As a general rule, for any dispute arising from these Terms or the use of the Service, you and Brinddi submit to the jurisdiction of the competent courts of Honduras.
However, if you use the Service as a consumer from another country, you keep all the mandatory, non-waivable rights granted to you by the consumer protection law of your country of residence. You may also go to the competent courts and consumer authorities of your country when the law allows it. Nothing in these Terms limits, replaces or makes you waive those rights. Where a mandatory rule of your country protects you more, that rule prevails over these Terms.
For personal data protection, the competent law of the country where you live applies, according to our Privacy Policy. Those rights can't be waived to the extent your local law provides, and nothing in these Terms limits them.
22.Contact
If you have questions about these Terms or the Service, write to us at hola@brinddi.com. There are more ways to reach us on the Contact page.