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Terms of Service

Effective: February 20, 2026

These Terms of Service ("Terms") govern your use of Gather (gather.icu), operated by Gathering Inc. ("Gather", "we", "us", "our"). By creating an account or using the service, you agree to these Terms. If you do not agree, do not use Gather.

1. What Gather Is

Gather is a collaborative photo and video memory project platform. Users create projects, invite members to contribute photos, videos, and stories, and generate outputs such as slideshows (MP4), PDFs, and websites. AI is used to generate captions, identify scenes, and compose narrative text from uploaded content.

2. Account Registration

• You must be at least 13 years old to create an account.
• You must provide accurate and current information when registering.
• You are responsible for keeping your login credentials secure.
• You are responsible for all activity that occurs under your account.
• One person per account. Do not share accounts.

3. Your Content

You retain ownership of all photos, videos, stories, and other content you upload to Gather ("Your Content"). By uploading content, you grant Gather a limited, non-exclusive, royalty-free license to:

• Store your content on our servers (AWS S3, MongoDB Atlas)
• Process your content using AI to generate captions, scene descriptions, and narrative text
• Display your content to you and to people you have invited to your projects
• Include your content in outputs you generate (slideshows, PDFs, websites)
• Create thumbnails and optimized versions for performance

This license exists solely to operate the service. We do not use your content for advertising, sell it, or use it to train AI models. The license terminates when you delete your content or your account.

4. Privacy

Your content is private by default. It is visible only to you and people you explicitly invite to a project. Our handling of your data is described in our Privacy Policy, which is part of these Terms.

5. AI-Generated Content

Gather uses AI to generate captions, scene descriptions, and narrative text based on your uploaded content. You should be aware that:

• AI-generated text may contain inaccuracies, misidentifications, or errors.
• You are responsible for reviewing and editing any AI-generated content before sharing or publishing it.
• AI-generated narratives are tools to help you tell your story, not statements of fact by Gather.
• We do not perform facial recognition. We only read face name tags already embedded in your photos by your photo application (e.g., Apple Photos, Google Photos).

6. Prohibited Content and Conduct

You may not upload, share, or use Gather for:

• Child sexual abuse material (CSAM) — we have a zero-tolerance policy. Detected CSAM will be reported to NCMEC and law enforcement, and the account will be disabled immediately. See our Content Safety Policy.
• Illegal content — anything that violates applicable law
• Harassment or threats — content intended to intimidate, bully, or harm others
• Spam or deceptive content — unsolicited bulk messages, phishing, or misleading material
• Malware — viruses, trojans, or any code designed to harm systems or users
• Content you do not have the right to share — copyrighted material owned by others without permission

7. Intellectual Property

Your content is yours. You retain all rights to the photos, videos, stories, and other materials you upload.

Gather's platform is ours. The Gather name, logo, website design, code, and service infrastructure are owned by Gathering Inc. and protected by intellectual property laws. You may not copy, modify, or reverse-engineer any part of the platform.

8. DMCA Notice Procedure

If you believe content on Gather infringes your copyright, you may submit a DMCA takedown notice to our designated agent:

• Designated Agent: Roy McDonald
• Email: dmca@gather.icu
• Mailing Address: 429 Virginia Avenue, San Mateo, CA 94402

Your notice must include:

1. Identification of the copyrighted work you claim is infringed
2. Identification of the material on Gather that you claim is infringing, with enough detail for us to locate it
3. Your contact information (name, address, phone, email)
4. A statement that you have a good-faith belief the use is not authorized by the copyright owner
5. A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner
6. Your physical or electronic signature

9. Account Termination

• By you: You may delete your account at any time by contacting us at support@gather.icu. We will delete your data within 30 days of a verified request.
• By us: We may suspend or terminate your account if you violate these Terms, engage in prohibited conduct, or if required by law. We will notify you by email when possible.

10. Limitation of Liability

Gather is provided "as is" and "as available" without warranties of any kind, express or implied. To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service.
• Our total liability for any claim related to the service is limited to the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.
• We do not guarantee that the service will be uninterrupted, error-free, or secure.
• We are not responsible for the accuracy of AI-generated content.
• We are not responsible for content uploaded by other users in projects you participate in.

11. Indemnification

You agree to indemnify and hold harmless Gathering Inc., its operators, and affiliates from any claims, damages, or expenses arising from your use of the service, your content, or your violation of these Terms.

12. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or your use of Gather will be resolved in the state or federal courts located in San Mateo County, California.

13. Changes to These Terms

We may update these Terms from time to time. When we make significant changes, we will notify you by email or by posting a notice on the site. Your continued use of Gather after changes take effect constitutes acceptance of the updated Terms.