Effective Date: April 1, 2026
Welcome to Witnessed. By accessing or using our platform at joinwitnessed.com (the “Service”), you agree to be bound by these Terms of Service (“Terms”). Please read them carefully before using Witnessed.
These Terms constitute a legally binding agreement between you and Witnessed App (“Witnessed,” “we,” “us,” or “our”). If you do not agree to these Terms, you may not use our Service.
Witnessed provides a web-based disposable camera platform that enables hosts to create shared photo galleries for events. Guests can participate in these galleries directly through their mobile browser without downloading an application. Our Service is available at joinwitnessed.com and through associated mobile web interfaces.
You must be at least 13 years of age to use the Service. By using Witnessed, you represent and warrant that:
Event hosts who create paid accounts must be at least 18 years of age.
3.1 Host Accounts To create and manage events, you must register for an account. You agree to provide accurate, current, and complete information and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
3.2 Guest Participation Guests who join a Witnessed event via QR code or shared link are not required to create an account. By participating as a guest, you agree to these Terms as they apply to your use of the Service.
3.3 Account Security You must notify us immediately at hello@joinwitnessed.com if you suspect any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access that occurs through no fault of ours.
4.1 Permitted Uses You may use Witnessed to create events, invite guests, capture and share photos, and download your event galleries for personal, non-commercial use, or for event hosting purposes in accordance with these Terms.
4.2 Prohibited Conduct You agree not to:
5.1 Your Content You retain ownership of all photos and other content you upload to Witnessed (“Your Content”). By uploading content, you grant Witnessed a limited, non-exclusive, royalty-free, worldwide license to store, display, and process Your Content solely for the purpose of providing the Service to you and your event guests.
We do not claim ownership of Your Content and will not use it for marketing or advertising purposes without your explicit written consent.
5.2 Responsibility for Content You are solely responsible for all content you upload or share through the Service. You represent and warrant that:
5.3 Our Intellectual Property All rights, title, and interest in and to the Witnessed platform, including our software, designs, logos, trademarks, and proprietary content, are owned by Witnessed App. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without our prior written consent.
5.4 Content Removal We reserve the right to remove any content that violates these Terms or that we determine, in our sole discretion, to be harmful, offensive, or otherwise objectionable. We will endeavor to notify you if your content is removed, unless prohibited by law.
Your privacy is important to us. Our Privacy Policy, available at joinwitnessed.com/privacy-policy, explains how we collect, use, and protect your personal information. By using the Service, you agree to the practices described in our Privacy Policy.
7.1 Pricing Witnessed offers free and paid event plans. Pricing details are available at joinwitnessed.com/pricing. All prices are listed in U.S. dollars and are subject to change with notice.
7.2 Payment Processing Payments are processed through third-party payment processors. By making a purchase, you authorize us to charge your payment method for the applicable fees. You agree to provide accurate and complete billing information.
7.3 Refunds Refunds are handled on a case-by-case basis. If you experience a technical issue that prevents you from using a paid event, please contact us at support@joinwitnessed.com within 7 days of your event date. We do not generally provide refunds for completed events where photos were successfully captured and delivered.
7.4 Taxes You are responsible for any applicable taxes associated with your use of the Service.
If you purchase physical Witnessed QR blocks or other physical products, your order is subject to our product terms at checkout, including shipping timelines, return eligibility, and availability. Physical products are shipped separately from digital services and are non-refundable once personalized.
The Service may integrate with or link to third-party services and websites. We are not responsible for the content, privacy practices, or functionality of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WITNESSED DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not guarantee that photos will be preserved indefinitely or that data will not be lost due to technical failures.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WITNESSED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO WITNESSED IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $50 USD.
You agree to indemnify, defend, and hold harmless Witnessed App, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
13.1 By You You may stop using the Service at any time. To delete your account and associated data, contact us at hello@joinwitnessed.com.
13.2 By Us We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, if your account poses a risk to us or other users, or for any other reason at our sole discretion. In the event of termination, you remain bound by the provisions of these Terms that are intended to survive termination.
13.3 Effect of Termination Upon termination, your right to use the Service ceases immediately. We may retain certain data as required by law or for legitimate business purposes, as described in our Privacy Policy.
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law principles.
Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction for claims involving intellectual property or unauthorized access.
YOU AGREE TO RESOLVE DISPUTES WITH WITNESSED INDIVIDUALLY AND NOT AS PART OF ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
We may update these Terms from time to time. When we make material changes, we will notify you by posting the updated Terms on our website and updating the effective date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.
Witnessed App Website: joinwitnessed.com Email: hello@joinwitnessed.com
