Terms and Conditions of Use of the FiestaPic Application

Astramunt S.A.S de C.V. (hereinafter, “Astramunt”) makes available to users the mobile application and associated services called FiestaPic (the “App” or the “Service”). Access to or use of the App implies full acceptance of these Terms and Conditions (the “Terms”). If you do not agree, you must refrain from using the App.

1) Definitions

• User: a person who creates an account and/or uses the App.
• Host: a User who creates and manages an event in the App.
• Guest: a User who joins an event by scanning a QR code or link (URL) shared by the Host.
• Event: a space within the App in which the Host and Guests share photos and videos.
• Content: photos, videos and any material that Users upload to an Event.
• Wallet: a storage balance in MB/GB acquired by the User to allocate to their events or, if the Host allows it, to third‑party events.

2) Account, registration and authentication

• Using the App requires registration via email or sign‑in with Google or Apple. The App retains only the token and user ID provided by those third parties to authenticate access; it does not store passwords for those services.
• The User is responsible for keeping their credentials confidential and for any activity performed from their account.
• The User declares that they have the legal capacity to contract under applicable law.

3) Creating and using events

• Guests can join and browse events free of charge. To enable Content uploads, the Event must be activated by assigning storage from the Host’s Wallet or from Guests authorized by the Host.
• An Event can be created in advance and remain not activated until the Host decides to activate it.
• The Host controls who may join, post, and/or download Content and may remove Guests at any time.

4) Event activation, term, and expiration

• Once activated, the Event will have a reference maximum term (for example, 30 days) that may vary without prior notice. The applicable term will be shown within the App.
• At the end of the term, the Event changes to “expired”: no new Content can be uploaded and downloads are disabled.
• Content from an expired Event will be deleted from Astramunt’s servers within a reference maximum period of 30 days from expiration, a period that may be modified without prior notice. It is the Host’s exclusive responsibility to download the Content before the Event expires.
• An Event that has not been activated may be deleted by Astramunt after 2 years from its creation (a period subject to change without prior notice). If such Event had storage assigned, only the unused balance will be reimbursed to the Host’s Wallet, unless that storage has exceeded its own applicable term or expiration (see clause 6).

5) Event size limits

• Events will have a maximum size defined by FiestaPic’s services. It is not possible to exceed this cap. If the Host has already assigned the maximum allowed, no additional storage can be added to that Event.
• When the total usage of shared files reaches the contracted limit, no further photos or videos may be added. Deleting posts by Users does not free up or reduce the recorded total usage.

6) Storage Wallet and allocation rules

• Users may purchase storage packages (MB/GB) that are credited to their Wallet.
• When allocating Wallet storage to one’s own Event, the balance is debited. Only the unused remainder may be recovered when the Event is ended by the User or expires and, after internal closing processes, there is unused balance remaining.
• Storage contributed by a Guest to an Event they do not own is considered definitively assigned to that Event and is not recoverable by the Guest under any circumstance.
• It is forbidden to recover storage already spent and/or transfer it to another Event that is not owned by the User who assigned it.
• Wallet expiration: if purchased storage remains unused in the Wallet for 2 years from the date of purchase, such balance will expire and will no longer be available (a period subject to change without prior notice). Expired balances are not refundable.

7) Purchases, charges, and invoicing

• The prices of storage packages may vary according to capacity (MB/GB), promotions, or operational adjustments.
• All purchases are final and no refunds are accepted.
• The User is responsible for taxes, bank fees, or third‑party charges that may apply.
• Astramunt may cancel or suspend purchases when there are signs of fraud, chargeback, or misuse of the payment method.

8) Uploading Content and moderation policy

It is strictly forbidden to publish Content that:

• Is pornographic, obscene, or sexually explicit.
• Incites or depicts illegal or criminal activities.
• Is disturbing, violent, or contrary to good morals.
• Is irrelevant or unrelated to the Event to which it is shared.

Astramunt may remove Content that breaches these Terms and block or suspend repeat‑offender accounts. The User declares and warrants that they hold all necessary rights and authorizations (including image rights) to the Content they publish and that it does not infringe third‑party rights.

9) Access to and privacy of Content

• Event Content will be visible to its Host and to Guests who join via the Event’s QR code or link (URL).
• While the Event has not expired, Users may delete posts they personally uploaded and report inappropriate Content.
• The Host may revoke any Guest’s access at any time. In such case, that Guest’s posts will be deleted from the Event and will no longer be accessible.
• If a Guest leaves an Event, their posts are not deleted automatically; they must delete them before leaving.
• The Host may configure which Guests are authorized to download Content. By default, even when the Host grants download permission, Guests may only download individual items and not the entirety of the Event.
• Astramunt may set a maximum limit on the number of Guests with download permission per Event. The Host may consult the current limit in the App, which may be modified without prior notice.

10) Downloads and the download link

• The Host (or someone the Host authorizes within the App) may download Content one by one.
• Alternatively, when the Host manually ends the Event from within the App, the system will enable a button to generate a download link that allows all files (photos and videos) from the Event to be obtained.
• The download link will have an expiration date and a maximum number of uses defined by Astramunt and visible upon accessing that link; both parameters may change without prior notice.
• It is forbidden to share the download link. Only the Host may use the link to download the Content of their Event.

11) Account deletion

• The User may request deletion of their account from the App’s settings section.
• Upon request, the account is deactivated immediately; the User’s active Events may be deleted and the Content cannot be recovered.
• Full deletion of the account will be processed within a reference maximum period of 30 days (a period subject to change without prior notice).
• If the User had a positive balance in their Wallet at the time of requesting account deletion, such balance cannot be recovered or refunded by any means.

12) Host responsibility

• The Host is responsible for sharing the Event’s QR code or link only with people they wish to grant access to.
• Astramunt is not responsible for misuse by third parties of codes or links shared by the Host.
• The Host may delete their Event at any time. Doing so will result in the permanent loss of all photos and videos, and Guests will no longer be able to access the Event or their posts.

13) Service availability and loss of information

• Like any IT service, the App may experience temporary interruptions due to maintenance, technical failures, or causes beyond Astramunt’s control. Reasonable efforts will be made to restore service as quickly as possible.
• If, due to extraordinary causes (e.g., technological failures, natural disasters), User information (Events and Content) is lost, the User accepts that such information may not be recoverable. In such cases, there will be no refunds or compensation; Astramunt may, at its discretion, offer credits or goodwill alternatives.
• Astramunt assumes no responsibility for unauthorized access, cyberattacks, intrusions, theft, and/or unlawful disclosure of Content (including photos and videos) caused by third parties (“hackers”) or other events beyond its control.

14) Intellectual property and license over Content

• The User retains the rights that correspond to them over their Content.
• By uploading Content, the User grants Astramunt a non‑exclusive, worldwide, royalty‑free license for the time necessary to host, reproduce, process, and display such Content in order to operate the App (including backups, optimization, and moderation).
• The User warrants that they have the necessary authorizations and consents (including image rights) and that their Content does not infringe third‑party rights.

15) Personal data and privacy

The processing of personal data is governed by Astramunt’s Privacy Notice, available within the App or through FiestaPic’s official channels. The User must review it to learn about purposes and contact methods.

16) Prohibited conduct

• Attempting to compromise the security or integrity of the App, accounts, or servers.
• Interfering with the operation of the Service (e.g., unauthorized automated mass uploads).
• Using the App for unlawful, defamatory, fraudulent purposes or in ways that infringe third‑party rights.

17) Suspension and cancellation

Astramunt may suspend or cancel accounts or Events that violate these Terms, in cases of payment fraud, chargebacks, abuse of the service, or pursuant to requests from competent authorities.

18) Limitation of liability

Astramunt will not be liable for indirect, incidental, special, punitive, or consequential damages, nor for loss of data, revenue, or reputation, arising from the use or inability to use the App.

19) Amendments to the Terms

Astramunt may amend these Terms at any time. Amendments will take effect upon publication within the App or on official channels. Continued use of the App after publication constitutes acceptance of the new Terms.

20) Contact

For inquiries or requests related to these Terms, the User may contact us through the support channels available in the App or on FiestaPic’s official websites.

Last updated: May 2025.