Terms of Use

1. Introduction

These Terms of Use (the "Terms") govern your access to and use of the alba App and Website (together, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree with them, you must not use the Service. The Service is operated by MXM Technologies Limited, a company registered in England and Wales under company number 16565910, with its registered office at Apartment 8 Old Printworks, 130 New Kings Road, London, England, SW6 4LZ (referred to as "we", "us", or "our").

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Provide accurate and complete information when creating your account
• Not have been previously suspended or removed from the Service

3. Your Account

To access certain features, you must create an account. You agree to provide accurate, current, and complete information; keep your account information up to date; keep your password secure; and notify us immediately if you suspect unauthorised access. You are responsible for all activity that takes place under your account.

You may close your account at any time in the App, under Settings. Upon closure, your data is handled in accordance with our Privacy Policy; the memories you added are deleted everywhere, including from albums owned by other people; any outstanding payments remain due.

4. The Service

The Service allows you to create and manage an account, upload and store content (photos, videos, text, voice notes, documents), collaborate with other users by sharing content, and access other features we introduce. We aim to make the Service available at all times but do not guarantee uninterrupted or error-free access.

5. Content You Upload

You are solely responsible for all User Content you upload. By uploading, you confirm that you own the content or have obtained all necessary permissions, that the content does not infringe third-party rights, and that it is not unlawful, defamatory, threatening, abusive, obscene, or otherwise objectionable.

You grant us a non-exclusive, worldwide, royalty-free licence to store, host, display, reproduce, and process your content solely to provide and operate the Service, fulfil our obligations, and comply with applicable law. This licence does not grant us the right to sell your content, use it for advertising, or use it to train AI systems.

6. Acceptable Use

You agree not to use the Service for unlawful purposes; not to upload illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content; not to impersonate any person; not to attempt unauthorised access; not to interfere with the Service; not to distribute spam or malware; and not to scrape or harvest information through automated means.

7. Payments and Subscriptions

Alba is free to use. Some features are available only with Alba Plus, an optional paid subscription. Anything you have already added to Alba — your photos, videos, voice notes, documents and wishes — remains available to you whether or not you subscribe: you can always open it, download it, share it and export it.

Subscriptions are sold through the Apple App Store or Google Play, not by us directly. The price, the billing period, and the terms of any introductory or free-trial offer are shown in the app before you buy, in your local currency, and your store account is charged when you confirm the purchase. We never see or store your card details.

A subscription renews automatically at the end of each billing period unless you turn off automatic renewal at least 24 hours before that period ends. You manage and cancel your subscription in your Apple or Google account settings — we cannot cancel it for you. If you cancel, you keep Alba Plus until the end of the period you have already paid for.

Because purchases are made through the stores, refunds are issued by Apple and Google under their own policies and we cannot issue them ourselves. For an App Store purchase, use reportaproblem.apple.com. For a Google Play purchase, use your order history in the Play Store or contact Google Play support. If something has gone wrong with a purchase you can also contact us at hello@albatheapp.com and we will help where we can.

Deleting your Alba account does not cancel your subscription. The subscription is held by your Apple or Google account rather than by us, and we have no way to cancel it on your behalf — you must cancel it in your store account settings, or billing will continue.

Your statutory rights are preserved, including under the UK Consumer Rights Act 2015 and the New Zealand Consumer Guarantees Act 1993 and Fair Trading Act 1986.

8. Collaboration Features and Shared Content

Alba lets you share albums with other people, and add content to albums other people own. When you add a memory to an album — including an album someone else owns — you remain its author. If you delete your account, the memories you added are deleted everywhere, including from albums owned by other people; other members’ memories are unaffected. If you own a shared album, ownership passes to another member of that album so that they keep access to their own content; if there are no other members, the album is deleted along with your account. While your account is active, you can remove any memory you added, including from an album someone else owns. Album owners cannot edit or delete memories added by other members.

9. Artificial Intelligence and Machine Learning

We do not use any data you provide through the Service to train, develop, or improve any AI systems, machine learning models, or LLMs, whether our own or those of any third party. All third parties processing data on our behalf are contractually prohibited from doing so.

10. Intellectual Property

All rights in the Service (excluding User Content) are owned by or licensed to us. You retain ownership of all User Content you upload — nothing in these Terms transfers ownership of your content to us.

11. Privacy

Your privacy is important to us. Our use of your personal information is governed by our Privacy Policy, which forms part of these Terms.

12. Disclaimers

To the fullest extent permitted by law, the Service is provided on an "as is" and "as available" basis. We make no warranties (express or implied) regarding the Service, except as required by law. You are responsible for maintaining your own backups of any important content you upload.

13. Limitation of Liability

Nothing in these Terms excludes or limits any rights you have under applicable consumer protection legislation. Subject to that and to liability for death/personal injury/fraud, we are not liable for indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability shall not exceed the total amount you have paid us in the 12 months preceding the claim, or £100 / NZD $200, whichever is greater.

14. Suspension and Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, where required by law, if your account is compromised, or if your conduct poses a risk to other users.

15. General

These Terms and our Privacy Policy constitute the entire agreement between you and us in relation to the Service. If any provision is found invalid, the remaining provisions continue in full force. Notices will be delivered to the email address associated with your account or displayed within the App.