General Terms and Conditions

These Terms of Service ("Terms") govern your use of Easy360 (accessible at easy360.net), operated by W3 Culture S.R.L. ("we", "us", or "our"), a company incorporated under Romanian law, with registered office in Timișoara, Romania.

Article 1 – Definitions

In these General Terms and Conditions, the following definitions apply:

• 'User': a natural or legal person, or the intermediary or representative acting on this person's behalf, who enters into an Agreement with W3 Culture S.R.L.
• 'Services': offering the Easy360 platform and offering Events that can be used to set up a 360° video/photo booth.
• 'Agreement': the legal relationship between the User and W3 Culture S.R.L., in the broadest sense.
• 'Website': https://easy360.net and https://app.easy360.net/
• 'Account': the personal section the User creates and manages on the Website or app.
• 'Event': a personalized 360° video/photo booth session the User creates and manages on a device.

W3 Culture S.R.L. is a private limited liability company with its registered office in Timișoara, Romania, whose objective is to offer the Easy360 platform, which allows the User to purchase and manage Events.

Article 2 – Applicability of the General Terms and Conditions

• These General Terms and Conditions apply to all offers and agreements from W3 Culture S.R.L. and/or between the User and W3 Culture S.R.L.
• The applicability of any general terms and conditions of the User is explicitly excluded.
• If one or more provision(s) of these General Terms and Conditions are contrary to a statutory provision or other regulations, the other provisions will remain in effect.

Article 3 – Duration of the Agreement

• The Agreement is entered into for the term as agreed for the subscription between User and W3 Culture S.R.L.
• The Agreement ends by operation of law as soon as the agreed term has lapsed.
• The duration of the Agreement for a definite period of time will be extended by the period of time originally agreed on, or by the time as agreed on in the subsequent Agreement.

Article 3a – Eligibility and Age Requirement

• Easy360 is a business-to-business (B2B) platform intended exclusively for use by companies, event operators, and adult professionals.
• You must be at least 18 years of age to register an account or use the platform.
• By creating an account, you confirm that you are at least 18 years old and are using Easy360 for lawful business purposes.
• If W3 Culture S.R.L. becomes aware that an account was created by a person under the age of 18, the account will be terminated immediately and any associated data deleted.

Article 4 – Performance of Services

• W3 Culture S.R.L. performs its Services with care to the best of its ability. All Services are performed on the basis of a best-efforts obligation unless W3 Culture S.R.L. has explicitly promised a specific result in a written Agreement.
• W3 Culture S.R.L. is not liable for any damage suffered or costs incurred as a result of the use or misuse of access credentials, identification codes, or other security means, unless the misuse is the direct result of intent or deliberate recklessness on the part of W3 Culture S.R.L.'s management.
• The risk of loss, theft, misappropriation or damage of data, documents, or files that are created for, delivered to or used by the User in the context of the Agreement passes to the User at the moment these are placed under the actual control of the User.
• W3 Culture S.R.L. does not guarantee that the Service is free of errors and functions without interruptions. W3 Culture S.R.L. makes every effort to repair any errors within a reasonable period of time if the User has provided a detailed, written description of the relevant errors.
• The User ensures that it has the facilities required to use the Service (compatible device, internet connection, etc.).
• W3 Culture S.R.L. may continue to provide the Service using a new or modified version of the underlying software and is not obliged to maintain specific features or functionalities for a particular User.
• W3 Culture S.R.L. may temporarily suspend the Service or part of it for preventive, corrective or adaptive maintenance. W3 Culture S.R.L. ensures that such downtime does not last longer than necessary and, where possible, schedules maintenance during periods of lowest usage.

Article 5 – Use of the Platform by the User

• New Users are granted 15 free video recordings upon account registration, allowing them to explore the platform's features before committing to a paid subscription.
• Any abuse of the free recordings system is strictly prohibited, including but not limited to creating multiple accounts to obtain repeated free quotas or circumventing restrictions in any way. Detected abuse will result in immediate and permanent blocking of the involved accounts, without entitlement to refund or further access.
• The User accepts these General Terms and Conditions upon registering an account. The User also accepts the Privacy Policy of Easy360.
• W3 Culture S.R.L. confirms registration to the User by email, providing login details for the personal User account. With this confirmation, the Agreement is concluded.
• The User may choose to purchase a subscription or Event, in accordance with Article 6 of these General Terms and Conditions.
• The User is fully responsible for all content visible on photos and/or videos captured through the platform, including any further modifications of these files.
• The User is responsible for the storage and/or distribution of photos and/or videos.
• The User is responsible for providing clear and correct instructions to attendees of their 360° video/photo booth, including informing them about media capture, cloud synchronization, and applicable privacy rules.
• The User is responsible for obtaining explicit consent from event attendees before photographing or recording them, in compliance with applicable data protection regulations (including the GDPR).
• The User's Account is strictly personal and may not be shared or transferred to any third party.
• If W3 Culture S.R.L. has a reasonable suspicion that the User's Account is being shared or used by multiple users without an authorized multi-device subscription, W3 Culture S.R.L. will inform the User and may disable the account.

Article 6 – Event

• The User can use an Event to set up a 360° video/photo booth session on a compatible iOS or Android device.
• The User guarantees that all information provided during registration and setup is correct, complete and up to date.
• Any purchase of an Event in someone else's name is forbidden.
• An Event becomes active within a reasonable period of time after the Agreement has been entered into and payment has been received.
• After creating the Event, photos and/or videos captured during that Event are automatically synchronized to the cloud. The User can access these files directly via their account.

Article 7 – Payment

• All amounts stated on the platform are in euros (EUR) and inclusive of VAT where applicable, unless stated otherwise.
• All prices displayed on the Website are inclusive of VAT. The applicable VAT is calculated and applied during checkout based on the billing country provided at the time of purchase.
• All prices must be paid in the currency in which they are stated.
• Price adjustments shall apply exclusively to new purchases and shall not affect the renewal of existing subscriptions. Users wishing to purchase at revised pricing must cancel the automatic renewal of their current subscription and enter into a new agreement at the updated price.
• If the User consists of several natural or legal persons, each of these persons is jointly and severally liable for the performance of the Agreement.
• Payment is processed via Stripe, supporting major credit cards and other supported payment methods. W3 Culture S.R.L. does not store payment card data; all transactions are handled securely by Stripe.
• W3 Culture S.R.L. may retain access to all data, documents, or files until the User has paid all sums due.
• If the User has not paid within the applicable payment period, the User will be in default by operation of law, and W3 Culture S.R.L. is entitled to charge statutory interest from that time.
• If the User has not paid within the applicable payment period, the User will be required to reimburse all judicial and extrajudicial (collection) costs actually incurred by W3 Culture S.R.L.

Article 8 – Liability

• W3 Culture S.R.L. is not liable if the User suffers damage or loss as a result of improper functioning of an Event or loss of photos/videos.
• W3 Culture S.R.L. does not guarantee that the platform and/or Services are always accessible without interruptions or failures, and is in no way liable for damage arising from the platform being temporarily unavailable or functioning improperly.
• W3 Culture S.R.L. is not liable for any damage or loss resulting from non-receipt or late receipt of electronic messages or other communications.
• W3 Culture S.R.L. is not liable for any indirect damage, including but not limited to consequential damage, loss of profit, lost savings, or loss due to business interruption.
• W3 Culture S.R.L. is not liable for non-performance caused by force majeure as referred to in Article 9.
• Any claims by the User due to failure on the part of W3 Culture S.R.L. will lapse if not filed in writing, with stated reasons, within 3 months after the User became aware of the relevant facts.
• The User indemnifies W3 Culture S.R.L. against any third-party claims related to the Services.
• Limitation of liability does not apply in cases of intent or deliberate recklessness by W3 Culture S.R.L.
• W3 Culture S.R.L. is not liable for the distribution, storage, or content of photos and/or videos captured during an Event by the User.
• The total liability of W3 Culture S.R.L. is at all times limited to the amount paid by the User for the subscription or Agreement in question, and shall in no event exceed €2,499.99 per attributable failure.

Article 9 – Force Majeure

• Force majeure is understood to be all external causes, beyond the control or through no fault of W3 Culture S.R.L., causing a timely, complete or correct performance of its Services to be impossible.
• Force majeure includes but is not limited to: non-performance by third parties, illness of staff, abnormal weather conditions, disruptions in the supply of water and energy, strikes, serious failures in W3 Culture S.R.L.'s systems, fires, floods, natural disasters, riots, war, or other civil commotion.
• In a situation of force majeure, performance of the Services will be suspended for as long as the situation continues.
• If a force majeure situation lasts for more than 30 days, either party has the right to terminate the Agreement in writing. In such event, all services already performed must be paid for on a proportional basis.

Article 10 – Server and Data Storage

• All personal data of Users is stored and processed on servers located within the European Union (Hetzner Cloud, Germany/Finland), in compliance with the General Data Protection Regulation (GDPR).
• Videos captured during an Event are not permanently stored on W3 Culture S.R.L. servers. Only the most recently recorded video per User account is temporarily retained on the server.
• Users who wish to keep their recordings are responsible for saving them to their device's local storage using the save option provided in the app.
• When the User manually deletes an Event, all related photos and videos will also be deleted from the server.
• Payment data will be kept and saved by W3 Culture S.R.L. for a period of 82 months following the end of the Agreement, in compliance with Romanian accounting regulations.
• The Agreement does not include making and/or keeping backups of the User's photos and videos by W3 Culture S.R.L.

Article 11 – Transfer of Rights and Obligations

• The User's subscription is strictly personal and may not be transferred to any other individual or company.
• The User is not entitled to sell, transfer, or pledge their rights and obligations under any Agreement with W3 Culture S.R.L. to a third party.
• W3 Culture S.R.L. is entitled to sell, transfer, or pledge any claims it has to payment of sums due to a third party.

Article 12 – Account Sharing

• If W3 Culture S.R.L. has a reasonable suspicion that the User's Account is being shared or used by multiple users without an authorized multi-device plan, W3 Culture S.R.L. will immediately inform the User and may disable the account.
• When the User does not refute W3 Culture S.R.L.'s reasonable suspicion of account sharing, W3 Culture S.R.L. has the right to terminate the User's Account and Services with immediate effect, without the User being entitled to any refund of amounts already paid.
• In such cases, W3 Culture S.R.L. may charge a penalty of €1,500.00 per finding and €500.00 for each day on which the abuse continues, without prejudice to W3 Culture S.R.L.'s other legal rights.

Article 13 – Privacy and Data

• The User is fully responsible for the data processed through an Event or Service. The User guarantees that the content, use and processing of the data are not unlawful and do not infringe any third party's rights.
• The User indemnifies W3 Culture S.R.L. against any claims by persons whose personal data are processed and for which the User is responsible under applicable law.
• If, further to a lawfully issued order by a public authority or statutory obligation, W3 Culture S.R.L. must perform activities relating to User data, any costs involved may be charged to the User.
• W3 Culture S.R.L. acts as a data processor in the sense of the GDPR. The User (or the User's client) is the data controller and has established the purpose of and the means for personal data processing.
• The User guarantees compliance with the GDPR, that their systems and infrastructure are appropriately secured, and that the processing of personal data is lawful.
• Upon request from the User, within one month of the moment the Agreement ends, W3 Culture S.R.L. will delete all personal data received from the User in such a way that it can no longer be used or accessed.

Article 14 – Confidentiality

• Both the User and W3 Culture S.R.L. ensure confidentiality with respect to all information received from the other party that is known to be confidential. This obligation does not apply if the information must be disclosed to comply with a judicial decision, statutory requirement, or order by a public authority.
• The User acknowledges that the software and systems made available by W3 Culture S.R.L. are confidential in nature and contain trade secrets of W3 Culture S.R.L.

Article 15 – Intellectual Property

All intellectual property rights to the software, websites, databases, designs, documentation, and other materials developed or made available to the User under the Agreement remain exclusively vested in W3 Culture S.R.L. or its licensors. The User is solely granted the non-exclusive, non-transferable, non-sublicensable right of use as set out in these Terms. No rights are transferred to the User beyond what is explicitly stated herein.

Article 16 – Termination

• Either party may terminate the Agreement for breach following an imputable failure of the other party to meet its essential obligations, provided a written notice of default has been served granting a reasonable period to remedy the breach.
• If W3 Culture S.R.L. has already performed Services at the time of termination, the User remains obligated to pay for those Services.
• The User is not entitled to terminate a fixed-term Agreement before the end of its term.
• Either party may terminate the Agreement immediately in writing, without notice, if the other party is granted a suspension of payments, a petition for bankruptcy is filed, or the company is liquidated or dissolved.
• W3 Culture S.R.L. may terminate the Agreement without prior notice if the User has engaged in unfair practices, including but not limited to exploiting regional pricing or circumventing platform restrictions.
• W3 Culture S.R.L. reserves the right to suspend or terminate a User Account without prior notice if a chargeback, payment dispute, or unauthorized transaction claim is initiated. Access to the Account, Event galleries, and associated content may be revoked, and W3 Culture S.R.L. is not obligated to reinstate access or issue refunds in such cases.

Article 17 – Subscriptions and Virtual Products

• Subscription plans are available on the Website and are linked to the User's Account.
• Virtual products (subscriptions, digital credits, storage extensions, etc.) are non-refundable. This applies to any item that is not physical in nature.
• The duration of a purchased subscription is determined by the type of subscription chosen, commencing at the time of purchase.
• Online storage included with a subscription is only valid for the length of the active subscription period.

Article 18 – License to Use

W3 Culture S.R.L. grants the User a limited, non-exclusive, non-transferable, revocable license to use the Easy360 platform and app on compatible devices, solely for the purpose of operating 360° video/photo booth sessions in accordance with these Terms. This license does not grant the User any rights to the underlying software or its intellectual property elements. The User shall not:

• Attempt to decompile, reverse engineer, disassemble, or hack the platform or circumvent any encryption or security measures.
• Upload any item or mechanism intended to collect data without authorization, such as tracking pixels, spyware, or passive collection mechanisms.
• Create derivative works based on the content or software of the platform.
• Sell, assign, license, distribute, or otherwise make the platform available to third parties outside the scope of these Terms.
• Use the platform for any purpose that violates applicable law or regulation.

Article 19 – Acceptable Use

The User agrees to use the platform solely for lawful purposes and in accordance with these Terms. The User agrees not to use Easy360 to:

• Engage in illegal, fraudulent, or unauthorized activities.
• Upload, transmit, or distribute content that is unlawful, defamatory, offensive, discriminatory, or that infringes the intellectual property or privacy rights of others.
• Attempt to gain unauthorized access to any part of the platform, its servers, or infrastructure.
• Interfere with the proper functioning of the platform or its related services.
• Exploit pricing differences across regions or create multiple accounts to circumvent limitations or gain unauthorized advantages.

Article 20 – User-Generated Content

The User retains all ownership rights in the content generated through the platform, including videos, images, recordings, and other materials ("User Content"). By uploading or creating User Content on Easy360, the User grants W3 Culture S.R.L. a worldwide, non-exclusive, royalty-free license to store, display, and reproduce such content solely for the purpose of operating and providing the Service.

The User is solely responsible for ensuring that User Content does not infringe the intellectual property rights, privacy rights, or any other rights of third parties. W3 Culture S.R.L. is not responsible for the accuracy, legality, quality, or any other aspect of User Content generated through the platform.

Article 21 – Event Disclaimer and Operational Risk

W3 Culture S.R.L. does not guarantee the success of events where Easy360 is used. The User is solely responsible for ensuring adequate internet connectivity, the security and compatibility of associated hardware, and for performing pre-event tests before any live deployment.

By agreeing to these Terms, the User acknowledges and accepts that W3 Culture S.R.L. will not be liable for problems arising during a real event. In particular:

• Event failures: W3 Culture S.R.L. is not responsible for hardware failures, recording errors, loss of digital content, or any technical interruption occurring during an event (weddings, parties, corporate events, etc.).
• End-customer claims: W3 Culture S.R.L. will not be responsible for any monetary claims, compensation, or refunds that the User's own customers may demand due to a malfunction of the platform. The User assumes full operational responsibility toward their customers.
• Loss of profit: W3 Culture S.R.L. will not be responsible for loss of income, loss of business opportunities, or damage to the User's professional reputation resulting from any incident with the platform.
• No guarantee of success: It is the sole responsibility of the User to perform prior testing, ensure sufficient internet connectivity, and verify hardware compatibility before any live event.

Article 22 – Right of Withdrawal and Refunds

In accordance with Romanian consumer protection regulations and EU Directive 2011/83/EU on consumer rights, for any subscription contracted directly through Stripe, the User has the right to withdraw from the contract within 14 calendar days from the date of contracting, provided the service has not yet been fully performed.

• Procedure: To exercise this right, the User must send a written communication to support@easy360.net within the aforementioned 14-day period, clearly stating the intent to withdraw.
• Refund: W3 Culture S.R.L. will refund the full amount using the same means of payment used by the User, within 14 days of receiving the withdrawal request.
• Waiver: If the User expressly requests that the service begin during the withdrawal period and the service is fully performed within that period, the right of withdrawal is lost.
• After the deadline: Once the 14-calendar-day period has elapsed, no refunds will be made for fees already paid, except where otherwise required by applicable law.
• Virtual products: Subscriptions, digital credits, and other non-physical products are non-refundable once activated, in accordance with Article 17 of these Terms.

Article 23 – Content Removal Procedure

Only the most recently recorded video per User account is retained on the server, as described in Article 10. Users are encouraged to save content to their device's local storage. If the User wishes to request removal of their video from the server:

1. Send a written request to support@easy360.net including the email address associated with the account, the date of the event, and if possible a link or identifier for the content.
2. Alternatively, use the content deletion feature available in the Account section of the platform (if available).

After verifying the User's identity, W3 Culture S.R.L. will remove the requested content and send a confirmation within a reasonable period of time.

Article 24 – Indemnification

The User agrees to indemnify, defend, and hold harmless W3 Culture S.R.L., its employees, directors, affiliates, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising out of:

• The User's use of the platform in violation of these Terms.
• Any content uploaded or generated by the User that infringes the rights of third parties.
• The User's failure to comply with applicable laws, including data protection regulations.
• Any claims made by the User's own end-customers related to the use of Easy360 at their events.

Article 25 – Severability

If any clause or provision of these Terms is found to be null, invalid, or unenforceable for any reason, the remaining clauses will continue to be fully valid and enforceable between the parties, unless the null or invalid provision was so fundamental to the Agreement that neither party would have entered into it without that provision.

Article 26 – Miscellaneous

• W3 Culture S.R.L. reserves the right to amend or supplement these General Terms and Conditions at any time. Users will be informed of any changes by email or via a notice on the platform. Continued use of the platform after changes have been posted constitutes acceptance of the revised Terms.
• Any complaints about the Services provided by W3 Culture S.R.L. can be submitted by emailing: support@easy360.net

Article 27 – Governing Law and Competent Court

• The legal relationship(s) between W3 Culture S.R.L. and the User are governed by Romanian law.
• All disputes arising between W3 Culture S.R.L. and the User are settled by the competent court in Timișoara, Romania.