Terms and Conditions for End-Users

Ambar Memories

Europe, Middle East, and Africa
Last updated: March 16, 2026

1. Scope

These End-User Terms and Conditions ("End-User Terms") apply when you ("End-User") access and use the digital platform ("Platform") which provides a software solution for the creation of personalised digital experiences ("Experience") for an event Organizer (as defined below)  and related activities (together the "Services"), available via the Ambar app on iOS, Android, or web. The Platform is operated and hosted by Ambar Memories Inc., 2261 Market Street STE 77946, San Francisco, CA 94114, USA, ("Ambar Memories") as a technology provider on behalf of the Organizer. If you are a user based in Switzerland, UK or European Economic Area, you are contracting with Ambar Memories Europe S.L.U., Calle Claudio Coello 24, 28001, Madrid, Spain. For purposes of these End-User Terms, references to "you", "your" or "End-User(s)" mean you as the individual person who accesses or uses the Services subject to and in compliance with these End-User Terms.

The Platform enables third-party entities (each an "Organizer") to use Ambar Memories’ infrastructure to create and publish digital Experiences. The Organizer is solely responsible for the content and any goods or services offered within its respective Experience.

Where you access or engage with a specific Experience, the content of that Experience is provided by the respective Organizer. Any goods, services, or offers made within an Experience are the responsibility of that Organizer and may constitute a separate agreement between you and the respective Organizer.

To access or use the Services, you have to agree to these End-User Terms. By accessing and using the Services you confirm that you have read and understood these End-User Terms, and that you agree to be bound by them. These End-User Terms, together with all other referenced documents, form a legally binding agreement ("Agreement") between Ambar Memories and you.

Depending on where you live or where you access the Services from, different or additional terms, disclosures, or legal rights may apply.

If you do not agree to this Agreement, you may not use or access the Services.

2. Services & Access to the Services

Services may include mobile applications, software, video players, hardware and public websites, and are provided in their then-current version.

Ambar provides a hosting and technology platform that enables Organizers to create and distribute Experiences.

Ambar does not create, control, review or approve the content of Experiences unless explicitly stated otherwise. The Organizer is solely responsible for:

  • the accuracy, legality and completeness of Experience content,

  • compliance with applicable laws,

  • any goods, services or offers made within an Experience.

Ambar is not a party to any agreement between you and an Organizer unless explicitly stated.

You may access the Experience by scanning a physical object (e.g. an NFC-enabled object) or by following a link provided through such object. You acknowledge that access may depend on your device, operating system, browser or app environment and network connectivity.

You may have to register and create an account on the Platform ("End-User Account") to access the Experience and use all or part of the Services.

You are responsible for maintaining the confidentiality and security of their information and your End-User Account. You are responsible and liable for activities conducted on and through the Services through your User Account and you must immediately notify Ambar Memories if there is any suspicion that your End-User Account credentials have been lost, stolen, or their information is otherwise compromised.

You acknowledge that these End-User Terms govern your use of Ambar Memories Services and related technical infrastructure and constitutes a contract between you and Ambar Memories.

Experiences made available through the platform are offered and provided by Organizers. When you purchase or access an experience, you enter into a separate contractual relationship directly with the relevant Organizer for the provision of that Experience.

Ambar Memories does not act as the organizer or provider of the Experiences and provides the platform solely as technical infrastructure enabling Organizers to offer and manage their experiences. The Organizer provides the experience and related services in its own name and on its own account and is solely responsible for their content and delivery.

The Services are provided exclusively to persons who are at least 18 years of age or are minors who have obtained parental or legal guardian consent. The foregoing notwithstanding, the Services are not intended for, and may not be used by, children under the age of 13. By using the Services, you represent and warrant that you are at least 13 years old. If the Ambar Memories becomes aware that an End-User is under the age of 13, it will promptly terminate the End-User Account and delete any personal data associated with that account.

3. Rights & Obligations of Ambar Memories

Ambar Memories provides the technical infrastructure and hosting of the Platform that enables Organizers to create and publish Experiences.

Ambar Memories may share aggregated and anonymized usage statistics with the Organizer to enable them to analyse performance of their Experiences. Such data will not include End-User’s private uploaded content (such as photos or videos) and will not identify End-Users personally unless required for the provision of the Services.

Ambar Memories reserves the right to remove or disable access to any Experience content or End-User Content that violates these Terms, applicable law, or that poses a security risk, without prior notice.

Ambar may modify, suspend or discontinue parts of the Platform for operational, security or legal reasons. Where reasonably possible, advance notice will be provided.

4. Rights & Obligations of the Organizer

The Organizer will provide the Services in accordance with this Agreement.

The Organizer:

  • makes the Experience available to End-Users and uses reasonable care and skill in the performance of the Experience and in keeping the Services free from viruses and other malicious software programs;

  • is solely responsible for the content, offers, goods, and services made available within the Experience;

  • regularly carries out maintenance or improvements to the Experience, where applicable;

  • may subcontract third parties for all its obligations under this Agreement;

  • is liable for its subcontractors and ensures that subcontractors are bound to appropriate confidentiality and data protection obligations.

5. Rights & Obligations of the End-User

You agree to use the Experience and the Services in compliance with the Agreement and all legal and moral obligations applicable in the territory where they are located.

You are required to:

  • cooperate in the performance of this Agreement to the extent necessary and free of charge;

  • provide Ambar Memories and the Organizer with all necessary information, documents, materials, access, and anything else reasonably required for the provision of Services;

  • inform Ambar Memories immediately if errors or faults occur and to support Ambar Memories in the analysis and, if necessary, in the elimination of errors and faults to the extent required.

If the provision of Services under this Agreement is delayed due to your failure to comply with your duty to cooperate or due to other circumstances for which you are responsible, you shall bear the disadvantages and any additional costs incurred.

You shall not:

  • circumvent or attempt to circumvent any security protection of the Services;

  • use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect;

  • access the Services via any automated system or take any action that may impose an unreasonable load on the technical infrastructure of the Experience or the Platform;

  • bypass the measures that Ambar Memories may use to prevent or restrict access to or use of the Services;

  • sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties;

  • try to decompile or reverse engineer the Services or any part of it, or derive the source code; 

  • copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services.

Where the Services allow you to upload or share content (including photos and videos) ("End-User Content"), you represent and warrant that (i) you own or control all rights necessary to upload such End-User Content, and (ii) such End-User Content does not violate applicable law or third-party rights (including intellectual property rights and privacy rights).

You represent and warrant that you have obtained all necessary permissions and consents from individuals depicted in the End-User Content, to the extent required under applicable law.

You shall not upload, publish or share any End-User Content that is unlawful, defamatory, hateful, discriminatory, obscene, abusive, harassing, misleading, fraudulent, or that infringes third-party rights. You acknowledge and agree that End-User Content may be subject to review and may require approval before being made available to other End-Users.

6. Fees & Payment

Certain optional features or add-ons (including but not limited to additional storage) may be offered by Ambar Memories, the Organizer, or their respective subcontractors for a fee. Additionally, the Organizer may offer paid subscription services subject to the conditions listed on the Experience. Any applicable fees will be communicated to you before your purchase. Any additional services provided by Ambar Memories are subject to the pricing and payment terms displayed at the time of purchase.

To the extent applicable, all prices of the Organizer's products and services are listed on the Experience and shall be payable upon placing an order on the Experience and using the payment method made available by the Organizer. Such offers are made solely by the respective Organizer and constitute a separate agreement between you and that Organizer. Ambar Memories is not responsible for pricing, delivery, refunds or performance of Organizer-provided services.

If not explicitly stated otherwise, all fees are in USD and include VAT, sales or other applicable taxes. The Organizer reserves the right to change prices at any time.

7. Term & Termination

The Agreement between remains in full force and effect until the Experience is completed or otherwise terminated by the Organizer. If the End User purchases paid subscription services made available by Ambar Memories, the End User must manage and cancel such subscriptions as indicated on the Experience.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

8. Intellectual property

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights ("Intellectual Property Rights").

Where applicable and only to the extent necessary, for the duration of the Services, the Organizer grants the End-User a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to the Intellectual Property Rights required to fulfil the Agreement to and use the Experience.

You grant the Organizer the irrevocable right to access the data generated by your use of the Experience and the Services for internal purposes, such as for statistics purposes, research development and the improvement of the Experience. 

End-Users retain ownership of any content they upload to the Platform ("End-User Content").

You further grant Ambar Memories and its subcontractors a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and make available the End-User Content to the extent necessary to provide and operate the Services and the Experience.

Ambar Memories may use aggregated and anonymized data generated through the use of the Platform and the Experience for analytics, research, and service improvement purposes, provided such data does not identify End-Users personally.

Systematic retrieval (e.g. scraping) of content from the Services or the Experience outside of the intended use of the Services or the Experience for any purpose is strictly prohibited.

9. Data protection

When End-Users access or use the Platform, Ambar Memories acts as the controller for the processing of personal data relating to the operation of the Platform. Ambar Memories collects and processes personal data as described in its Privacy Policy available at https://ambarmemories.com/privacy-policy. Ambar Memories protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the applicable data protection legislation, including but not limited to the EU General Data Protection Regulation (GDPR), and the California Consumer Privacy Act (CCPA).

Use of certain features of the Services (including uploading photos or videos) may require device permissions. You control such permissions through your device settings. Ambar Memories does not access the content on your device unless you choose to upload such content through the Services.

The Organizer may independently collect and process personal data in connection with the Experience. Such processing is governed by the Organizer’s own privacy policy and Ambar Memories is not responsible for such processing.

You authorize the Organizer to use, process, and store relevant data for the performance of the Agreement and to use anonymized data to improve its services or for analysis purposes.

Ambar Memories implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss or alteration. However, no system can be guaranteed to be completely secure. To the extent permitted by applicable law, Ambar Memories does not guarantee absolute security of the Platform.

10. Warranties & Representations

DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND THAT AMBAR MEMORIES MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND RELATED TO THE SERVICES OR THE INFORMATION AND MATERIALS CONTAINED THEREON. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE AMBAR MEMORIES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Ambar Memories does not guarantee that the Services are error-free and will function without any interruption or disruption. Ambar Memories may, at its own discretion, carry out maintenance or improvements to the Services and its infrastructure, and you acknowledge that this may result in temporary delays and interruptions from time to time. Where reasonably possible, Ambar Memories will inform you about potential interruptions in advance. Any further warranty is excluded.

11. Liability & Indemnity

YOU ACKNOWLEDGE AND AGREE THAT THE SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USING THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT WILL AMBAR MEMORIES, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THE AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Additional terms applicable to End-Users accessing the Services from the United States:

THE FOREGOING NOTWITHSTANDING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AMBAR MEMORIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT EXCEED THE GREATER OF: (i) THE AMOUNTS PAID BY YOU TO AMBAR MEMORIES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) USD 100.

Additional terms applicable to End-Users accessing the Services from the EU or Switzerland:

The foregoing notwithstanding, Ambar Memories is fully liable to you for damages resulting from Ambar Memories’ gross negligence or wilful misconduct. In all other cases, each party's liability under the Agreement is excluded to the maximum extent permitted under applicable law.

Ambar Memories and its service providers will not be held liable for inaccuracy or incompleteness of the Services or the information provided by you, or the incompatibility of the Services with any specific objectives that you are hoping to achieve.

12. Copyright Infringement and DMCA Notice

Notice for End-Users accessing the Services from the United States:

Ambar Memories and its contractors respect the intellectual property rights of others and expect End-Users to do the same. For End-Users located in the United States, Ambar Memories has adopted a notice-and-takedown procedure in accordance with the U.S. Digital Millennium Copyright Act ("DMCA").

DMCA Takedown Notice: If you believe any materials accessible through the Services infringe your copyright, you may request removal of those materials by submitting written notification to Ambar Memories’ copyright agent designated below. In accordance with the DMCA, your written notice (the "DMCA Notice") must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the written notice is accurate; (vii) a statement, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner. 

DMCA Notices that do not substantially comply with Section 512(c)(3) of the DMCA may be ineffective. Please be aware that if you knowingly materially misrepresent that material or activity made available on or through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

DMCA Notices must be sent to our designated agent:

c/o DMCA Agent
2261 Market Street STE 77946, San Francisco, CA 94114
Telephone: +1 650-532-3355
Email: dmca@ambarmemories.com

Counter-Notification Procedure: If you believe that material you published through the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: (i) your physical or electronic signature; (ii) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled; (iii) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (iv) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; (v) statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity made available on or through the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringer Policy. Ambar Memories may, in appropriate circumstances and at its reasonable discretion, suspend or terminate the accounts of End-Users who are repeat infringers of intellectual property rights.

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13. Governing Law and Jurisdiction

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND AMBAR MEMORIES HAVE AGAINST EACH OTHER ARE RESOLVED.

For End-Users accessing the Services from the EU or Switzerland:

This Agreement, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the substantive laws of Spain, excluding its conflict of law provisions. The ordinary courts of Madrid, Spain have jurisdiction for all disputes arising from or in connection with the Agreement.

For End-Users accessing the Services from the United States:

This Agreement, and all claims or causes of action that may be based upon, arise out of or relate to these Terms shall be governed by and construed in accordance with the internal laws of the State of New York, excluding its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to the Agreement or the Services shall be brought exclusively in the state or federal courts located in New York County, New York.

WAIVER OF JURY TRIAL. YOU AND AMBAR MEMORIES EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES. THIS WAIVER IS A MATERIAL INDUCEMENT FOR BOTH PARTIES TO ENTER INTO THESE TERMS.

CLASS ACTION WAIVER. YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE COURTS REFERENCED ABOVE SHALL HAVE EXCLUSIVE JURISDICTION TO ADJUDICATE ANY DISPUTE REGARDING THE SCOPE OR ENFORCEABILITY OF THIS CLASS ACTION WAIVER.

14. Miscellaneous

Entire Agreement: The Agreement constitutes the entire agreement between Ambar Memories and the End-User, and supersedes all prior agreements, between the parties relating to the subject matter of the Agreement.

Changes to Terms: Ambar Memories may, from time to time, change these Terms. End-User should check the Terms regularly and only use the Services upon acceptance of the changes to the Terms. The End-Users' continued use of the Services following any amendments indicates acceptance of the changes to the Terms.

Notices: Notices must be given in writing, including electronic text, and need to be communicated to the last communicated address of the Organizer and the Customer. Notices to Ambar Memories should be communicated to: contact@ambarmemories.com

No Assignment: You may not assign any of its rights, obligations, or claims under the Agreement without the previous consent of Ambar Memories.

Severability: If any provision of the Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

Links: The Services may contain third-party content or links to third-party websites. Neither Ambar Memories nor the Organizer assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.