Terms of service

These Terms of Service are an agreement between you and Ciceroni VOF, a company registered in the Netherlands, trading as Twirl.

By creating an account, or by paying for a package, you accept these terms. If you do not accept them, do not do either.

Twirl gives you an event page that guests reach through a link or QR code and a shared password. Guests upload photographs, videos and voice memos at full resolution without making an account. Guests can RSVP, including plus ones and whatever custom questions you set. You get a dashboard for managing guests and categories, building a programme, reviewing flagged content, adding co-hosts, and downloading everything in bulk.

Twirl is not a backup service, a permanent archive, or a photo hosting product. It is a sharing tool. The Window ends and the Content is deleted, on a date you can see and are warned about. Download what you want to keep, and keep it somewhere else. Section 15 sets out what happens if we lose Content through our own fault, and it is more generous than you might expect, but it is still not a substitute for having your own copy.

• You must be at least 18 years old to create an Organizer account.
• You must give accurate account information and keep it current, particularly your email address, because that is how we send you window expiry warnings and deletion notices.
• You are responsible for keeping your password confidential and for everything done through your account. Tell us promptly at hello@twirl.photos if you think someone else has access.
• You may invite Co-hosts. A Co-host can act on the Event with the permissions you grant, and you remain responsible for what they do. Adding a Co-host does not transfer the contract or the payment obligation.
• You are responsible for the event password you set and for who you give it to. We cannot control onward sharing of a password by the people you gave it to.
• One account per person. Do not share Organizer credentials.

5.1The pricing structure

Twirl is flat fee. There is no metering, no wallet, no credit balance, no per-guest charge and no per-gigabyte charge, and there never will be. Prices are shown inclusive of VAT or applicable sales tax, so the number you see is the number you pay.

Prices are quoted in euro. If you pay in another currency, your bank or card issuer sets the conversion rate and may add its own fee, which we do not control and do not receive.

5.2How you pay

Payments are processed by Stripe. We never see or store your full card number. Stripe's own terms apply to the payment transaction, and you can read them at stripe.com. If Stripe declines or reverses a payment, we may suspend the Event until it is resolved.

5.3Tax

The advertised price includes VAT or sales tax where we are registered to collect it. VAT is charged at the rate of the country you are in, determined from the evidence collected at checkout. Because rates differ by country, what we receive after tax differs by country, but the price you pay does not change. You will receive a valid invoice by email.

5.4Free until you decide

You can create an account and build an entire Event without paying. Payment is due before the Event goes live to guests. Nothing is charged automatically, and we do not store a card for later use unless you buy an Extension and choose to let it renew.

6.1When the Window starts

The Base Package opens a Window of two months, and it starts running from the first upload, not from the date you paid. This is deliberate. It means you can buy well in advance of the wedding without burning through the Window while nothing is happening.

6.2During the Window

Uploads and downloads are both open. You can add and remove guests, moderate Content, change the programme, download in bulk as many times as you like, and buy an Extension at any point.

6.3The three paths at the end

Before the Window ends we email you, more than once, and the end date is visible in your dashboard throughout. At the end you have three options, and one of them happens by default if you do nothing.

Deletion is permanent. Once Content is deleted we cannot restore it, not on request, not for a fee, not as a favour. Encrypted backups may hold residual copies briefly until they rotate, but those exist for disaster recovery and are not a retrieval route. Please download your Content.

• Extensions stack onto the existing end date. They do not restart the Window and they do not replace time you have already paid for.
• A Full Extension keeps uploads and downloads open. A Download-only Extension closes uploads and keeps downloads open, which is the cheaper option for the common case where the photographs are all in and you just need longer to get them out.
• You can buy Extensions repeatedly. There is no cap and no obligation to buy any.
• If you set an Extension to renew automatically, you can cancel the renewal at any time from your dashboard. Cancelling stops the next charge and does not shorten the period you have already paid for.
• Buying an Extension after the Window has ended is only possible if the Content has not yet been deleted. Once deletion has run, an Extension cannot bring anything back and we will not sell you one that would achieve nothing.

Full detail is in our Refund and Cancellation Policy, which forms part of these terms. In summary, there are three layers:

• Your statutory right. As a consumer buying at a distance you have a 14 day right of withdrawal under EU law. Because Twirl starts working immediately, we ask you at checkout to expressly request immediate performance and to acknowledge what that means for the withdrawal right. If you do not give that acknowledgement, the ordinary 14 day right applies in full.
• Our own guarantee, which is better than the law requires. If nothing has happened in your Event yet, meaning no guest has uploaded anything and no RSVP has been submitted, we refund in full on request. This is not limited to 14 days. You bought something and never used it, so you get your money back.
• Once the Event has been used. If content or RSVPs are in the Event, the product has been delivered and there is no entitlement to a refund. We still handle complaints through support and we are reasonable about it, but that is discretion on our part rather than a right you can enforce. There is no wallet, no credit balance and no store credit. A refund is money returned to the payment method you used.

If there is any conflict between this section and the Refund and Cancellation Policy, the Refund and Cancellation Policy governs.

This section matters more than it looks, because the law puts you in a particular position and we cannot take that position for you.

9.1You are the data controller

Under the GDPR you are the controller for your guests' personal data, and we are the processor acting for you. You decide who is invited, what questions to ask, what Content to keep and when to delete. Our Data Processing Agreement at data processing agreement sets out how we handle that data and is incorporated into these terms.

9.2What that means in practice

• Make sure you have a proper basis for putting your guests' details into Twirl and for collecting the answers you ask for. For an ordinary private wedding this is usually straightforward, but it is your call, not ours.
• If you ask dietary or meal questions, be aware some answers can reveal religious belief or health information, which is a special category of data under Article 9. Do not make those questions mandatory, and treat the answers with care.
• Tell your guests, in whatever way suits you, that photographs they upload go into a shared gallery that you control and that will be deleted at the end. A line in the invitation is usually enough. We show guests our own short Guest Terms at the point of upload, but that does not substitute for you telling people what you are doing.
• Children will appear in Content. You are responsible for the basis on which images of children in your event are collected and shown, which normally comes from their parents or guardians.
• If a guest asks you to remove their photograph, do it. You can, in seconds, from the dashboard.

9.3Requests that come to us

If a guest or a person appearing in Content contacts us instead of you, we will normally pass it to you and help you answer it, because you are the controller. We reserve the right to act ourselves without waiting for you where Content is clearly unlawful, appears to have been uploaded without the consent of the person shown, or where leaving it up risks harm. We will tell you when we do that.

You may not use Twirl, and you may not allow anyone using your Event to use it, to:

• Upload or share anything unlawful, including child sexual abuse material, content that incites violence or hatred, or material that infringes someone else's intellectual property.
• Upload intimate or sexual images of any person without their consent, or any sexual content involving a minor. This is the one line where we will act immediately, without notice, and report to the authorities.
• Harass, threaten, defame or bully anyone.
• Upload images or recordings of people who have refused consent or who have asked to be removed.
• Impersonate someone else, or misrepresent who is running the Event.
• Use Twirl for anything other than a private event. It is not a public photo host, a file distribution service, a commercial stock library or a content delivery network.
• Attempt to break, probe, scrape, reverse engineer, overload or circumvent the Service, its rate limits, its access controls or its billing.
• Resell, sublicense or provide Twirl to third parties as your own service, unless we have agreed that in writing.
• Upload malware or anything designed to damage a system or a person. If you find something in your Event that breaches this, remove it. The moderation tools exist for exactly that. If you find something that appears criminal, contact the police, and tell us at hello@twirl.photos so that we can preserve or remove what is needed.

• Guests can flag Content. Flags accumulate, and when the total passes a threshold we set, the Content is surfaced to you for review in the dashboard.
• Flagging does not automatically delete anything. A human decides. That human is normally you.
• We do not proactively monitor or review Content, and we have no obligation to. We are a hosting provider for the purposes of the EU Digital Services Act and the corresponding Dutch implementing rules, and this section is our notice and action mechanism.
• We may remove Content, suspend an Event, or terminate an account where we reasonably believe there has been a serious breach of section 10, where we are legally required to, or where a valid takedown request from a person depicted has not been dealt with. Where the circumstances allow it, we will tell you before we act and give you a chance to fix it yourself.
• You can dispute a removal by writing to hello@twirl.photos. A founder will look at it, not an automated system.

12.1Ownership

You do not own your guests' photographs. The person who took a photograph generally owns the copyright in it, and the people appearing in it have personality and data protection rights over their own image. Buying Twirl does not change any of that, and we are not going to tell you it does.

What you get is a practical position: the Content is in your Event, you control the gallery, you can display it, moderate it, delete it and download it. Guests accept this when they upload, through the Guest Terms. For anything beyond private use, such as publishing a photograph commercially or in a magazine, you would need permission from the photographer and quite possibly from the people in it.

12.2The licence you give us

To run the Service we need permission to do certain technical things with Content. You grant us, and you confirm you have the authority to grant us on behalf of your Event, a non-exclusive, worldwide, royalty free licence to host, store, transmit, cache, resize, generate thumbnails and previews of, transcode, package for download, and back up Content. That licence exists only for the purpose of providing the Service to you, lasts only as long as we hold the Content, and ends when the Content is deleted.

To remove any ambiguity: we do not use Content for marketing, we do not show it to anyone outside your Event, we do not sell it, and we do not use it to train artificial intelligence models. If we ever wanted to feature an event as a case study, we would ask you first and you would be free to say no.

12.3Our material

The Twirl software, design, name, logo and site copy are ours. Nothing in these terms transfers them to you. You get a licence to use the Service, not to copy it.

You can export your guest list and RSVP responses as a spreadsheet, and download all Content in bulk, at any time while the Window is open. You do not need to ask us and you do not need a reason. We build this in deliberately, because a service that makes leaving difficult is telling you something about itself.

How we handle personal data is set out in the Privacy Policy and the Data Processing Agreement.

We will make reasonable efforts to keep Twirl available and working. We do not promise uninterrupted service, and we do not offer a contractual uptime guarantee at this price. We may take the Service down for maintenance, and we will try to do that at times unlikely to matter and to warn you where we can.

We depend on third party infrastructure providers listed in our subprocessor list. Their failures can become our outages. We choose them carefully and we hold them to written agreements, but we do not control them.

We are going to be direct about this rather than hide it in capital letters at the end.

15.1What Twirl actually is

Twirl is a sharing tool, not a backup service and not primary storage. That distinction matters more than it sounds, because it changes what is at stake if something goes wrong.

When guests upload to your Event, they are copying files that stay on their phones. If a gallery were lost, in almost every case the photographs themselves still exist, spread across the devices of everyone who was there. What would be lost is the collection: the work of gathering it, and the convenience of having it all in one place. That is a real loss and we take it seriously. It is not the same as the photographs ceasing to exist.

So we are not going to write the clause that pretends we could never fail, and we are not going to write the one that pretends a failure would destroy your wedding memories. Neither is true.

15.2What we will actually do if we lose your Content

If Content is lost through our fault, our response is:

• We refund what you paid for the affected Event, in full.
• We give you the Event back with a free extension of at least three months, so you have real time to ask your guests to upload again and to download the result.
• We help. We will send the re-collection message on your behalf if that is easier, and we will tell you plainly what happened rather than issuing a status page update and hoping you do not ask. This is what we will do. It is in addition to whatever rights you have under Dutch and EU consumer law, not a replacement for them, and accepting it does not stop you pursuing anything else you are entitled to.

15.3Where that reasoning does not hold

Two honest exceptions to section 15.1.

• Voice memos recorded in the app. Unlike a photograph, a voice memo recorded directly into Twirl exists nowhere else. If it is lost, it is gone, and no amount of asking guests to upload again will bring it back. We treat that as a more serious loss than the loss of a photograph and we will say so rather than hiding behind the general rule.
• Time. Asking your guests to upload again three weeks after the wedding works. Asking them eight months later, when half of them are distant relatives, does not, and some people clear their phones after uploading precisely because the app gave them a reason to. The re-collection remedy gets weaker the longer it has been. This is exactly why section 15.4 asks you to download.

15.4The one thing we ask of you

Download your Content and keep your own copy. Do it during the Window, more than once, and store it somewhere other than the phone you carry around. It takes two minutes from the dashboard and it makes everything in this section academic. Treat Twirl as the collection mechanism, not the archive.

15.5What we do not exclude

Nothing in these terms limits or excludes our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Intent or deliberate recklessness (opzet of bewuste roekeloosheid) on our part.
• Anything else that cannot lawfully be limited or excluded, including your mandatory rights as a consumer under Dutch and EU law. If any part of this section conflicts with those rights, those rights win and the rest of this section still stands.

15.6What we do limit

Subject to 15.5, and to the extent permitted by law:

• We are not liable for loss of or damage to Content that results from you letting the Window lapse, choosing to close the Event, deleting Content yourself, or a Co-host doing any of those things. You are warned repeatedly before any of these happen.
• We are not liable for what your guests upload, for disputes between you and your guests, or for the conduct of anyone you gave the event password to.
• We are not liable for a guest deleting the original file from their own device after uploading it to Twirl.
• We are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of goodwill.
• We are not liable for failures of third party providers beyond our reasonable control, though we will do what we reasonably can to mitigate and to keep you informed.

15.7The cap

Subject to 15.5, our total liability arising out of or in connection with an Event, whether in contract, tort, or otherwise, is limited to the total amount you paid us for that Event.

We think this is fair rather than merely convenient, for the reason in section 15.1. The cap sits alongside the remedy in section 15.2, which is worth more than the cap, and neither limits your statutory rights.

15.8Time limit

Any claim must be brought within twelve months of the date you became aware, or reasonably should have become aware, of the circumstances giving rise to it, unless a longer period is mandatory by law.

If a third party brings a claim against us because of Content in your Event, because of how you used the Service, or because of a breach of section 9 or section 10, you will cover our reasonable costs and losses in dealing with it. This does not apply where the claim results from our own breach, and it does not apply to the extent that Dutch consumer law prevents it.

• You can close your account or your Event at any time from the dashboard. Closing an Event deletes its Content and cannot be undone.
• We may suspend or terminate where you breach these terms materially, where a payment fails and is not resolved, where we are legally required to, or where continuing would expose us or a third party to serious risk.
• Except where the breach is serious enough that we cannot (for example, the sexual content prohibition in section 10), we will give you notice and a reasonable chance to put it right first.
• Where we terminate for a reason that is not your fault, we will refund the unused portion of anything you have paid and give you a reasonable opportunity to download your Content first.
• Sections 12.3, 15, 16, 20 and 21 survive termination.

18.1To the Service

We will keep developing Twirl. We will not remove a feature you have already paid for during an Event that is running.

18.2To these terms

We may update these terms. If a change materially affects you, we will email you at least 30 days before it takes effect. If you do not accept it, you can close your account and, where you have paid for a Window that has not yet run out, we will refund the unused part on a pro rata basis. Changes required by law may take effect sooner where we have no choice.

For an Event already paid for and running, the price and the Window you bought do not change.

• Entire agreement. These terms, together with the Privacy Policy, the Cookie Policy, the Refund and Cancellation Policy, the Guest Terms and the Data Processing Agreement, are the whole agreement between us.
• Severability. If a provision is found unenforceable, the rest continues to apply and the unenforceable part is read down to the minimum extent needed to make it valid.
• No waiver. If we do not enforce something immediately, that is not a waiver of the right to enforce it later.
• Assignment. You may not transfer your rights under these terms without our consent, which we will not unreasonably withhold, for example where a wedding is being handed to a different family member to manage. We may transfer ours as part of a sale of the business, and we will tell you if we do.
• Force majeure. Neither party is liable for failure caused by events genuinely beyond its reasonable control. This does not excuse a failure to refund money.
• No third party rights. These terms do not create rights for anyone other than you and us, except where stated for Co-hosts and except for mandatory rights guests hold under data protection law.
• Language. These terms are written in English. Any translation is provided for convenience, and the English version governs.

These terms and any dispute arising from them are governed by the law of the Netherlands, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer resident in another EU member state, this choice of law does not deprive you of the protection of any mandatory consumer rules of your own country that you would have had without it.

21.1Talk to us first

Write to hello@twirl.photos with what happened and what you want. A founder will read it. We will acknowledge within five working days and try to resolve it within thirty days. Most things end here.

21.2Courts

If we cannot resolve it, the courts of Amsterdam, the Netherlands have jurisdiction. If you are a consumer, you can also bring proceedings in the courts of the country where you live, and we may only bring proceedings against you in the courts of the country where you live.

21.3Alternative dispute resolution

We are not a member of an alternative dispute resolution scheme and are not obliged to use one. If you would like to pursue a complaint outside the courts, the European Commission maintains a list of national consumer dispute resolution bodies at consumer-redress.ec.europa.eu.

hello@twirl.photos for anything about your account, your Event, billing or a complaint.

privacy@twirl.photos for data protection matters.

Ciceroni VOF, Franklinstraat 161, 2562 CD Den Haag, the Netherlands. KVK 76619176.