Terms of Service

These Terms of Service govern your use of TableCam, available at tablecam.baubra.com (the “Service”), operated by Brady Bauck, an individual resident in Minnesota, USA (“we”, “us”). By creating an event, joining an event, or otherwise using the Service, you agree to these terms. If you do not agree, do not use the Service.

Guests. A guest joins by scanning a code, without creating an account. Before a guest takes their first photograph they are shown a link to these terms and to our Privacy Policy, and continuing to use the camera means they accept them. A guest who does not accept them should close the page; no photograph is taken unless they press the shutter, and none is sent to the host until they choose to send it. A guest may delete any photograph they have not sent. Sending is final.

If you are using the Service on behalf of an organisation, you confirm you have authority to bind that organisation to these terms.

TableCam lets an event host generate a QR code that guests scan to open a browser-based camera. Photographs taken through that camera are uploaded to storage we operate, made available to the host, and — where the host has connected a Google account — copied into an album in that host’s Google Photos library.

The Service is provided as a tool. We do not attend events, curate photographs, or act as a photographer.

There are two kinds of user, with different obligations:

• Hosts create an account, configure events, and control who may see the resulting album and when. Hosts are responsible for their events.
• Guests join an event by scanning a code or entering it manually. Guests are not required to create an account and are identified only by a name they optionally supply.

Age. You must be at least 18 years old to be a host. Guests must be at least 13 years old. The Service is not directed to children under 13 and we do not knowingly collect their personal information; a host who invites guests under 13 does so in breach of these terms. If you believe a child under 13 has used the Service, contact us and we will delete the relevant material.

This section is the most important one in these terms. If you host an event, you are responsible for the following, and you agree to them:

• Telling people. You must make attendees aware that photographs are being taken and collected through TableCam, and where those photographs will go.
• Obtaining any consent required. Photographing identifiable people, and in particular children, may require consent or notice under the laws that apply to you and to your venue. Obtaining it is your responsibility, not ours.
• Venue rules. Some venues, ceremonies and workplaces restrict or prohibit photography. Complying with those restrictions is your responsibility.
• What you do with the photographs. Once photographs reach your Google Photos library or are downloaded by you, how you store, share and use them is entirely under your control and your responsibility.
• Handling requests. If an attendee asks you to remove a photograph of them, you are responsible for responding. Tools to remove photographs are provided to you in the dashboard.

We do not claim ownership of any photograph taken through the Service. As between a guest and us, a photograph belongs to the guest who took it, subject to any rights of the people appearing in it. Joint ownership between guest and host is not intended and is not granted; the host receives the licence described below instead.

By taking a photograph through the Service, a guest grants the event host a licence to store, view, reproduce and share that photograph in connection with the event, and grants us the limited licence necessary to operate the Service — that is, to transmit the photograph, place it in the host’s connected Google Photos album, and display it back to permitted viewers from there. We do not store it.

Each licence granted above is worldwide, royalty-free and sublicensable only to the service providers named in our Privacy Policy. Our licence covers only what is needed to carry the photograph to the host’s library and to display it back to permitted viewers; we hold no copy of our own. The host’s licence survives, because their copy does.

We do not use photographs to train machine learning models, do not sell them, and do not use them for advertising.

A connected Google account is required to host an event. Photographs are sent straight into your Google Photos library and are never stored on our servers, so without a connection there is nowhere for them to go — an event cannot be taken live until you connect one. By connecting, you authorise us to create an album in your Google Photos library and add photographs from your events to it. We request only the narrowest permissions that make this possible: permission to add media and create albums, and permission to read back only the media our own application created. We cannot read the rest of your library.

Our use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

You may disconnect your Google account at any time from the dashboard, or revoke our access from your Google account settings. Photographs already copied into your Google Photos library remain there and are governed by your agreement with Google.

You agree not to use the Service to:

• capture or share images of anyone without the notice or consent the law requires;
• photograph people in places where they have a reasonable expectation of privacy;
• upload unlawful, harassing, sexually exploitative or abusive content, or content depicting the sexual exploitation of minors;
• infringe anyone’s intellectual property or privacy rights;
• attempt to access events, albums or accounts you have not been given access to, or to circumvent event limits, access controls or release timing;
• probe, scan, overload or otherwise interfere with the Service or its infrastructure.

We may remove content and suspend or terminate access for any breach of this section, without notice where the breach is serious.

Photographs are not stored by TableCam. Each one is forwarded to the host’s Google Photos library as it is taken, passing through the server’s memory without being written to disk. The album is afterwards served to guests from the host’s library. A photograph that cannot reach Google Photos is not stored here either; it remains on the guest’s own device until their browser is able to send it.

Because the host’s library holds the only copy, deleting that album in Google Photos also empties TableCam’s album. A host may delete an event or individual photographs at any time; deleting a photograph here removes it from the album and from our records, and does not delete it from the host’s Google Photos. When an event is deleted, its records and its header image are removed promptly.

Deleting content from TableCam does not remove copies already synchronised to a host’s Google Photos library, downloaded, or otherwise shared. Those must be removed at their destination.

If you want your data removed, contact us at [email protected] and we will act on the request within a reasonable period.

The Service is offered on an as-available basis and is under active development. We do not guarantee uptime, and we may change, suspend or discontinue any part of it. Features may change without notice.

Do not rely on TableCam as the only record of an irreplaceable event. Photographs can fail to upload for reasons outside our control, including a guest’s device running out of storage or battery, poor connectivity at a venue, a guest closing the page before queued photographs finish uploading, or a host’s Google authorisation expiring. For an occasion that matters, engage a photographer.

To the fullest extent permitted by law, 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. We do not warrant that the Service will be uninterrupted, secure, error-free, or that any photograph will be captured, uploaded, retained or delivered.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, photographs, profits, goodwill or opportunity, arising out of or relating to your use of the Service.

Our total aggregate liability for all claims arising out of or relating to the Service, whether in contract, tort (including negligence), strict liability or otherwise, is limited to the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim and (b) USD 100. This is an aggregate cap across all claims, not a cap per claim.

This section applies to us and to our owners, employees, contractors, suppliers and licensors. Any claim arising out of or relating to the Service must be brought within one year after it arises, or it is permanently barred, except where a longer period is required by law. This section survives termination of these terms.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing in these terms limits liability that cannot lawfully be limited.

You agree to defend, indemnify and hold harmless us and our owners, employees, contractors, suppliers and licensors (the “Indemnified Parties”) from any claim, demand, loss, liability or expense (including reasonable legal fees) brought by a third party arising out of an event you hosted, content you or your guests uploaded, your breach of these terms, or your violation of any law or of the rights of any person — in particular any claim relating to photographing a person without the notice or consent required.

We will notify you of any such claim, and you will control its defence with counsel reasonably acceptable to us. You may not settle any claim in a way that imposes an obligation or admission on an Indemnified Party without our prior written consent. We may participate in the defence at our own expense. This section survives termination.

You may stop using the Service at any time and delete your events. We may suspend access immediately where we reasonably believe it is necessary to prevent harm, and we may terminate access if you breach these terms, if required by law, or if we discontinue the Service. We may also terminate for convenience on 30 days’ notice. Where we discontinue the Service, we will make reasonable efforts to give hosts advance notice and an opportunity to export their photographs.

On termination your right to use the Service ends immediately. Unless we are prevented by law, you will have at least 30 days to export your photographs before we delete your events and any photographs we still hold, after which deletion is permanent and cannot be reversed. Photographs already copied into your Google Photos library are yours and are unaffected. Sections 5 (licence), 10, 11, 12, 17, 19 and 20 survive termination.

We may update these terms. When we do, we will change the date at the top of this page. For material changes we will make reasonable efforts to notify hosts. Continued use after a change means you accept the updated terms.

These terms are governed by the laws of the State of Minnesota, USA, without regard to its conflict of law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to section 19, the state and federal courts located in the State of Minnesota have exclusive jurisdiction over any dispute, and you consent to personal jurisdiction there — except where mandatory consumer protection law gives you the right to bring proceedings elsewhere.

The Service is currently provided free of charge. We may introduce paid plans in the future. If we do, we will publish the prices and the payment terms before they take effect, and we will not charge you for anything without your express agreement to those terms at the time.

Nothing in these terms obliges us to keep any part of the Service free, and moving a feature to a paid plan is not a breach of these terms. Where you have agreed to a paid plan, the terms of that plan govern fees, renewals, refunds and taxes and prevail over this section to the extent of any conflict.

The Service itself — its software, design, text, logos and the TableCam name — is ours and is protected by intellectual property law. Photographs are yours; the thing that displays them is not. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service as it is offered, and reserve all rights not expressly granted.

You may not copy, modify, reverse engineer, decompile, resell, rent, frame, or create derivative works of the Service; remove or obscure any notice on it; scrape or systematically extract data from it; probe or test its security without our prior written permission; use it to build a competing product; or access it by automated means except a well-behaved search engine crawler.

If you believe material on the Service infringes your copyright, send a notice to[email protected] containing: your physical or electronic signature; identification of the work you say is infringed; identification of the material you want removed and enough detail to let us find it; your contact details; a statement that you believe in good faith the use is not authorised; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.

We will remove or disable material we reasonably believe infringing, and we will terminate, in appropriate circumstances, the accounts of hosts who repeatedly infringe. If you believe material was removed in error you may send a counter-notice containing the equivalent information.

Please read this section carefully. It affects how disputes between us are resolved and limits your right to go to court or to participate in a class action.

Talk to us first. Before starting any formal proceeding, you agree to send us a written description of the dispute and what you want, and to give us 30 days to resolve it informally. Most problems are settled this way.

Arbitration. If we cannot resolve it, any dispute arising out of or relating to these terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Minnesota or conducted by telephone, video or on documents at your election. Judgment on the award may be entered in any court with jurisdiction. Either of us may bring an individual claim in small claims court instead, and either of us may seek injunctive relief in court to protect intellectual property or stop unauthorised access.

No class actions; jury waiver. Disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. An arbitrator may not consolidate claims or preside over any representative proceeding. To the extent any dispute proceeds in court, both of us waive any right to a jury trial. If this paragraph is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this section still applies.

Opt out. You may opt out of arbitration by emailing us within 30 days of first accepting these terms, saying so and identifying your account. Opting out does not affect any other part of these terms.

Entire agreement. These terms and our Privacy Policy are the entire agreement between us about the Service and replace any earlier understanding.

Severability. If any part is held unenforceable, it is modified to the least extent necessary to make it enforceable, or removed, and the rest stays in force.

No waiver. Not enforcing a provision is not a waiver of it.

Assignment. You may not assign these terms without our written consent. We may assign them to a successor in connection with a merger, acquisition or sale of assets, on notice to you.

Force majeure. Neither of us is liable for a failure to perform caused by something outside our reasonable control, including power or network failure, the acts of a third-party provider, natural disaster, or government action.

Notices. We may give you notice by email, or by posting on the Service. You give us notice at the address in section 21.

No third-party beneficiaries. Except for the Indemnified Parties in section 12, these terms give rights to no one but you and us.

Relationship. Nothing here creates a partnership, agency, employment or joint venture between us.

Questions about these terms, or requests relating to your data, can be sent to[email protected].