Privacy Policy
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90DAYMEMORY PRIVACY POLICY & TERMS OF SERVICE
Welcome to 90DAYMEMORY. We are excited to provide you with our proprietary thermal desktop photobooth technology. This document is a legally binding agreement between 90DAYMEMORY ("the Company," "we," "us") and you, the purchaser or end-user ("the Customer," "you").
By unboxing, powering on, or utilizing the 90DAYMEMORY Unit (the "Unit"), you expressly agree to the terms outlined below. If you do not agree to these terms, you must not use the Unit and should contact us immediately regarding our return policy.
1. PRODUCT SCOPE & INTENDED USE
The 90DAYMEMORY Unit is a novelty, consumer-grade thermal printing device intended for entertainment and social purposes.
Novelty Status: The Unit is not a professional security, medical, or archival device.
User Competency: Use of the Unit requires a flat, stable surface and a standard power source. The Customer is responsible for ensuring the Unit is used in an environment that does not subject the hardware to moisture, extreme temperatures, or physical trauma.
Prohibited Uses: You may not use the Unit for any illegal purpose, including but not limited to: stalking, unauthorized surveillance, or the creation of prohibited imagery.
2. CUSTOMER COMPLIANCE & LEGAL RESPONSIBILITY
Because 90DAYMEMORY provides the hardware but does not oversee its operation, the legal burden of "lawful use" rests entirely with the Customer.
The Consent Mandate: You are the sole operator. You must ensure that any person captured by the Unit has provided consent. 90DAYMEMORY is not liable for "invasion of privacy" claims or the unauthorized capture of a third party’s likeness.
Minors: If the Unit is used at events where minors are present, the Customer is responsible for obtaining parental or guardian consent in accordance with local laws.
Regulatory Adherence: You agree to comply with all applicable privacy regulations (such as GDPR, CCPA, or BIPA). 90DAYMEMORY is not a "Data Controller" for your guests; you are.
3. DATA STRUCTURE, ACCESS, AND USAGE RIGHTS
This section defines how data is stored on our hardware and the specific rights 90DAYMEMORY retains regarding that content.
A. Local-First Architecture (The Privacy Standard)
Unlike modern digital cameras that sync to the cloud, the 90DAYMEMORY Unit is designed for Local Residency.
Decentralized Storage: All images are saved directly to the internal memory of the Unit.
No Automatic Uploads: In its standard configuration, the Unit does not transmit data to our servers. This ensures your photos remain physically in your possession.
Data Recovery Disclaimer: Because we do not have a "backdoor" to your local hardware, 90DAYMEMORY cannot recover deleted images or data from a physically damaged Unit.
B. Company Access & Promotional Usage Rights
IMPORTANT: While images live on your device, 90DAYMEMORY retains specific rights to the imagery generated by our proprietary hardware. By using the Unit, you grant 90DAYMEMORY a perpetual, worldwide, royalty-free, and irrevocable license to:
Access & Retrieve: Access or retrieve content generated by the hardware for Company use.
Broad Promotional Use: Feature images on our official social media channels (including but not limited to Instagram, TikTok, and X), our website, and in any digital or print marketing materials.
Unlimited Scope: This right is not limited to social media. We may use imagery for brand storytelling, advertisements, and product demonstrations to help grow the 90DAYMEMORY community.
C. Optional Cloud Connectivity Add-On
Cloud connectivity is an Optional Component and is not a standard feature.
Customer-Driven: This feature is only added to a Unit upon the explicit request and purchase by the Customer.
Transmission: When enabled, images will be sent to a secure viewing portal. The Customer assumes all responsibility for the security of the local Wi-Fi/network used for this transmission.
4. ABSOLUTE LIMITATION OF LIABILITY
To the maximum extent permitted by law, 90DAYMEMORY, its founders, and employees shall have zero liability for any damages arising from your use of the Unit.
Content Liability: We do not monitor the content captured. We are not liable for any illegal, defamatory, or private imagery generated.
Hardware Malfunction: We are not responsible for any direct, indirect, or consequential damages resulting from a malfunction, including but not limited to loss of data, property damage, or "ruined events."
Thermal Print Longevity: Thermal prints are chemically reactive and will fade over time if exposed to heat or UV light. 90DAYMEMORY is not liable for the eventual fading or degradation of physical prints.
5. INDEMNIFICATION (THE "LEGAL SHIELD")
The Customer agrees to indemnify, defend, and hold harmless 90DAYMEMORY from and against any and all claims, suits, liabilities, or expenses (including attorney’s fees) arising from:
Your misuse of the Unit or violation of these terms.
Any claim by a third party that their privacy or likeness rights were violated by your use of the Unit.
Any data breach resulting from your mismanagement of a Cloud-Enabled Unit.
6. INTELLECTUAL PROPERTY & MODIFICATIONS
The software, hardware design, and brand assets of 90DAYMEMORY are protected under intellectual property laws.
No Reverse Engineering: You are prohibited from attempting to decompile the software or modify the internal hardware of the Unit.
Voiding Warranty: Any unauthorized "tinkering" or opening of the Unit’s shell immediately voids any existing warranty and releases 90DAYMEMORY from all support obligations.
7. DISPUTE RESOLUTION & GOVERNING LAW
Any dispute arising from the purchase or use of 90DAYMEMORY products shall be settled via binding arbitration in [Insert Your City/State]. This Agreement is governed by the laws of that jurisdiction, without regard to conflict of law principles.
8. SEVERABILITY & FULL AGREEMENT
If any part of this Agreement is found to be unenforceable by a court, the remaining sections shall remain in full force. This document represents the entire agreement between you and 90DAYMEMORY regarding the use of the Unit.