Terms of Service

Effective date: pending publication

Draft - pending legal reviewThis document is an internal draft and is not yet in effect. It has not been reviewed by a lawyer and must not be relied upon. Bracketed placeholders (legal entity, registered address, governing-law jurisdiction, and the DMCA designated agent) must be confirmed by counsel before this page is published.

These Terms of Service (the "Terms") are a binding agreement between you and [LEGAL ENTITY NAME] ("Nostalyia", "we", "us"), the operator of the Nostalyia photo storage service available at nostalyia.com and its subdomains (the "Service"). By creating an account, subscribing to a plan, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

Nostalyia provides private, hosted photo and video storage built on the open-source Immich application, giving you a personal gallery to upload, organize, and view your own media. Each paid subscription provisions a private instance for your exclusive use. We may add, change, or remove features over time.

2. Eligibility and your account

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract to use the Service. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us promptly at contact@nostalyia.im if you suspect unauthorized use of your account.

3. Acceptable use

You may use the Service only for lawful purposes and only for content you own or are authorized to store. You agree that you will not:

upload, store, or share any content that is unlawful, or that infringes the intellectual property, privacy, or other rights of any person;
upload, store, or share child sexual abuse material (CSAM) or any content that sexually exploits or endangers a minor. This is strictly prohibited and is reported as described in our Abuse and DMCA Policy;
use the Service to distribute malware, attempt to gain unauthorized access to any system, or interfere with the Service or other customers' instances;
resell, sublicense, or provide the Service to third parties except as expressly permitted, or use it in a way that abuses the storage or transfer resources allocated to your plan.

To report a violation, see our Abuse and DMCA Policy.

4. Your content

You retain all rights to the photos, videos, and other content you upload ("Your Content"). You grant us only the limited rights needed to operate the Service for you: to store, back up, transmit, and display Your Content to you and to the people you choose to share it with. We do not claim ownership of Your Content, and, as stated in our Privacy Policy, we never use Your Content to train artificial intelligence models or sell it to anyone. You are solely responsible for Your Content and for having the rights necessary to store it.

5. Payment, plans, and billing

Paid plans are billed in advance on a recurring basis (for example monthly or annually) through our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method for the plan you select until you cancel. Prices are shown on our Pricing page and may change on renewal with advance notice. You are responsible for any taxes that apply to your purchase. You can cancel at any time, effective at the end of the current billing period.

6. Refund Policy

We offer a 30-day money-back guarantee on every payment, as described in full in our Refund Policy. Nothing in these Terms limits any non-waivable refund or cancellation rights you may have under the consumer-protection laws of your jurisdiction.

7. Suspension, cancellation, and termination

You may cancel your subscription or delete your account at any time from your dashboard. The effect depends on the action:

Cancellation or non-payment: when a subscription is cancelled or a payment lapses, your instance is suspended (it stops running but your data is kept) and is permanently deleted after a 30-day grace period. If you resume payment within that window, your instance and data are restored.
Account deletion: if you delete your account, your instance and all associated data are removed promptly and are not retained.
Termination by us: we may suspend or terminate your access if you materially breach these Terms (for example by violating the acceptable-use rules above), if required by law, or to protect the Service or other customers. Where practical and lawful, we will give notice and an opportunity to export your data first.

8. Backups and your responsibility

We back up your instance and take reasonable measures to keep your data safe. However, no storage service is infallible, and the Service is not a substitute for your own backups. You are responsible for keeping your own independent copies of any content that is important or irreplaceable to you.

9. Disclaimers

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that data loss will never occur.

10. Limitation of liability

To the fullest extent permitted by law, Nostalyia will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or goodwill, arising out of or relating to your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us for the Service in the 12 months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

11. Indemnification

You agree to indemnify and hold Nostalyia harmless from any claims, losses, and expenses (including reasonable legal fees) arising from Your Content or from your violation of these Terms or of applicable law.

12. Changes to the Service and these Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example by email or a notice on the Service) before they take effect. Your continued use of the Service after the changes take effect means you accept the updated Terms.

13. Governing law and disputes

These Terms are governed by the laws of [GOVERNING-LAW JURISDICTION], without regard to its conflict-of-laws rules. You and Nostalyia agree to submit to the exclusive jurisdiction of the courts located in [VENUE / COURTS] to resolve any dispute that cannot be resolved informally, except where applicable law gives you the right to bring a claim in your local courts.

14. Contact

Questions about these Terms can be sent to contact@nostalyia.im or by post to [LEGAL ENTITY NAME], [REGISTERED BUSINESS ADDRESS].