Cosnap Brand Terms

1. Accepting these terms

1.1 You accept these terms by clicking "I agree" in the brand portal. The person who clicks confirms that they are authorized to bind the Brand. We record:

• the version you accepted

• the name and role typed by the person accepting

• their Cosnap account

• the date and time

• the IP address and device

1.2 You must accept these terms before you can get the sign-up link or QR code for your first event, and before attendees can register through Cosnap for any of your events.

1.3 The Cosnap Terms and Conditions (cosnap.ai/terms-conditions) also apply to your use of Cosnap. If they conflict, the order of precedence is:

• first, Schedule 1

• second, the rest of these Brand Terms

• third, the Cosnap Terms and Conditions

1.4 If your brand account has team members, everyone who acts for the Brand in the portal does so under these terms. You are responsible for what your team members, agencies and sponsors do in your account.

2. Definitions

• Attendee: a person who registers for, or attends, your event.

• Event Data: personal information that Cosnap processes for you about Attendees and other people at or connected with your events. That includes registrations, the documents Attendees sign and the records of their acceptance, and Event Media. Annex A gives the details.

• Event Media: photos and videos uploaded to albums linked to your events, by you or by photographers you or Cosnap invite.

• Account Data: a person's own Cosnap account, including their profile, their reference selfie, the face template made from it, and their face-matching consent. Cosnap is responsible for Account Data under the Cosnap Privacy Policy, not under Schedule 1.

• Face Matching: the optional Cosnap feature that compares an Attendee's selfie with your Event Media. It runs only after that Attendee turns it on and signs Cosnap's Face Matching Release (cosnap.ai/biometric-consent).

• Event Documents: the documents you add in the brand portal (for example a photo release, waiver or event terms) that Attendees must accept to register.

• Sub-processor: a service provider Cosnap uses to process Event Data. Annex C lists them.

3. What Cosnap provides

3.1 Cosnap provides:

• event pages and sign-up links and QR codes

• registration in the Cosnap app and on the web

• the Event Documents tool, with versioned acceptance records

• event albums, photo delivery to Attendees, and optional Face Matching for Attendees who opt in

• the People tool for grouping photos of the same person in your albums

• sponsor features

• reports and exports

Plan limits and some features depend on your plan.

3.2 Features can change. We won't remove a feature you have paid for during a paid period without telling you in advance, unless the law or a security risk requires it.

3.3 What Cosnap does not do. Cosnap doesn't:

• decide why your event is held, who is invited or how you use Event Media

• give you legal advice

Templates we supply (such as the Event Photo and Video Release template) are starting points only. You must check them with your own adviser.

4. Your responsibilities

You are the responsible party for Event Data. In particular, you must do the following.

4.1 Lawful basis and notice.

• Have a lawful basis under POPIA (and any other law that applies to your event) for collecting and using Event Data.

• Give Attendees your own privacy notice, as POPIA section 18 requires, and keep it current.

• Give us its link (Annex D) so it appears in your Event Documents.

4.2 Photo release.

• Before the event, add an Event Photo and Video Release to your Event Documents. You can adapt Cosnap's template.

• It must describe every use you will make of Event Media: delivery to Attendees, your marketing, sponsors' marketing and event reporting. It must state how long marketing use lasts.

• Use Event Media only as your release allows.

• If you want sponsors to use Event Media for their own marketing, name them in the release.

4.3 Marketing.

• Attendees' contact details are collected to register them and deliver their photos.

• Before you use them to send direct marketing by email, SMS or other electronic communication, you must have a consent or other basis that POPIA section 69 allows (and any other law that applies).

• Don't make marketing consent a condition of registering. Cosnap's Event Documents are all required to register, so don't put a marketing consent in an Event Document.

• When you export Attendee data from Cosnap, you are responsible for that copy.

4.4 At the venue.

• Tell people at the event that photos and video are being taken, and how to avoid being photographed. The default route is to "tell the photographer or event staff".

• You can use Cosnap's printable venue notice.

• Make reasonable efforts to honour anyone who asks not to be photographed.

• Remove a photo of a person from your event albums within 7 days of a valid request.

4.5 Children.

• If children may attend, your Event Documents must get the consent of a parent or guardian, as POPIA sections 34 and 35 require, for the photography and uses you choose.

• Don't use photos of children for marketing unless you have that consent.

• Cosnap never face-matches anyone under 18, and you must not try to make it do so.

4.6 Face recognition and identification.

• Faces in Event Media are detected and indexed when face recognition is on for an album. That lets Attendees who opt in find their photos.

• You must not use Cosnap, or anything it shows you, to identify, track or profile people who haven't agreed to it.

• In the People tool, you may name a person only if that person has agreed, or your release and the law otherwise allow it.

• You may share a link to one person's photos only with that person, or with their agreement.

• Don't turn on face recognition for events in places where the private use of facial recognition is banned (for example Portland, Oregon). Cosnap doesn't block this automatically.

4.7 No biometric collection outside Cosnap.

• Don't ask Attendees for selfies, face templates or other biometric data for use with Cosnap.

• Cosnap collects face-matching consent itself, in the app. You will never receive selfies or face templates.

4.8 Photographers.

• You are responsible for the photographers you bring to your event, and for telling them what your release allows.

• A photographer keeps the copyright in their photos unless you agree otherwise with them.

4.9 Accurate information. Keep your brand profile, legal entity name, address, Information Officer and privacy contact (Annex D) accurate.

4.10 Your team and access.

• Give access only to people who need it, and use the team roles to limit what they can do.

• Remove access promptly when someone leaves.

• Keep your passwords, SSO configuration and agent keys secure.

5. Acceptable use

You must not use Cosnap to:

• upload or share content that is unlawful; infringes someone's rights; or is sexual, violent, hateful or harassing; or that sexualises or endangers a child. (This list is the same as the Content and Community Policy at cosnap.ai/content-policy, which also applies.)

• upload photos taken somewhere private (such as a bathroom or changing room), or photos of someone who asked not to be photographed

• send spam, or contact Attendees in a way their consent doesn't allow

• identify, track or profile people outside the purposes in your release and privacy notice, or build a face database

• resell or give access to Event Data to anyone other than your team, your sponsors (as your release allows) and your advisers

• scrape, reverse-engineer, overload or probe the security of Cosnap, or get around plan limits or access controls

• misuse AI features to create harmful or misleading content

We may suspend access to content or features, or to your account, if we reasonably believe you are breaking this section or the law. We will tell you why, unless the law or a security risk prevents it.

6. Content and intellectual property

6.1 You keep the rights you have in your content (logos, brand assets, Event Documents and media you upload). You give Cosnap a worldwide, non-exclusive, royalty-free license to host, process, display and deliver that content only to provide Cosnap to you, your Attendees, your sponsors and the photographers you invite.

6.2 Copyright in Event Media belongs to the photographer, unless you have agreed otherwise with them. Delivering Event Media to Attendees is part of the service you have instructed.

6.3 Cosnap keeps all rights in the Cosnap software and services. If you send us suggestions, we may use them without obligation to you.

7. Fees

7.1 Fees are as shown for your plan in the brand portal at the time of purchase. Payments are processed by Stripe. Fees exclude taxes unless stated.

7.2 Paid plans renew as described at checkout, until canceled. Fees are non-refundable unless the law requires otherwise.

8. Confidentiality

8.1 Each party will keep the other's non-public business information confidential. It will use that information only for this agreement and disclose it only to people who need to know it and are bound by confidentiality. This doesn't apply to information that is public, already known, independently developed, or that must be disclosed by law. (Event Data is covered by Schedule 1 §6, which is stricter.)

9. Warranties and disclaimers

9.1 Each party confirms it has the authority to enter into this agreement.

9.2 Cosnap will provide the service with reasonable skill and care.

• Face matching and face grouping are automated, and they can miss photos or make mistakes.

• Except as stated in these terms, Cosnap is provided "as is". To the extent the law allows, Cosnap makes no other warranties.

10. Liability

10.1 Neither party is liable for indirect or consequential loss, or for loss of profit, revenue or goodwill.

10.2 Each party's total liability under this agreement in any 12-month period is limited to the greater of:

• the fees you paid Cosnap in the 12 months before the claim

• USD 100

10.3 Nothing limits liability that can't be limited by law, or liability for fraud.

11. Indemnities

11.1 You will indemnify Cosnap against third-party claims, regulators' fines and reasonable legal costs that arise from:

• you not having a lawful basis, privacy notice, release or consent that §4 requires

• your use of Event Media or Attendee data outside what your release and the law allow, including marketing and sponsor use

• unlawful instructions you give Cosnap

11.2 Cosnap will indemnify you against third-party claims, regulators' fines and reasonable legal costs that arise from Cosnap processing Event Data in breach of Schedule 1.

11.3 The party claiming under an indemnity must tell the other promptly, let it control the defense, and cooperate.

12. Term, suspension and termination

12.1 This agreement starts when you accept it. It continues while you have a brand account, or while Cosnap holds Event Data for you, whichever is longer.

12.2 You may end it at any time by closing your brand account, subject to any paid term you committed to.

12.3 Cosnap may end it:

• with 30 days' written notice

• at once, if you materially breach these terms (including §4 or §5) and don't fix the breach within 14 days of notice, or if the breach can't be fixed

12.4 Cosnap may suspend your events or features immediately if it is needed to stop unlawful processing, protect people, or deal with a security risk.

13. When the agreement ends

13.1 Schedule 1 §13 says what happens to Event Data: how to export it, when Cosnap deletes it and what Cosnap keeps.

13.2 The following survive the end of the agreement:

• §6 (content and intellectual property)

• §8 (confidentiality)

• §10 (liability)

• §11 (indemnities)

• §13 (when the agreement ends)

• §15 (governing law and disputes)

• Schedule 1, for as long as Cosnap holds any Event Data

14. Changes to these terms

14.1 When we change these terms, we publish a new version with a new version date.

• Material changes (any change to Schedule 1, its annexes in a way that reduces your protection, liability or fees): we tell you at least 30 days in advance by email and in the portal. You must accept the new version before you can create a new event sign-up link.

• Other changes: they take effect when published.

14.2 If you don't accept a material change, you may end the agreement under §12.2 before the change takes effect.

14.3 We add, or replace, a Sub-processor under Schedule 1 §8, not under this section.

15. Governing law and disputes

These terms are governed by the laws of the State of California. Any disputes shall be resolved through binding arbitration in San Francisco, CA, except that either party may seek urgent relief in any competent court. Schedule 1 doesn't limit any right a person or the Information Regulator has under POPIA.

16. General

16.1 Notices.

• To Cosnap: christiaaninfo@cosnap.ai, or in writing to the address above.

• To you: the email and contact details in Annex D.

• Security-compromise notices are sent to both the Information Officer and the privacy contact in Annex D.

16.2 Assignment. Neither party may transfer this agreement without the other's consent. The exception is a merger or a sale of all or most of the business, with notice.

16.3 Other terms.

• Entire agreement: this agreement is the whole agreement between the parties about its subject.

• Severability: if a clause is unenforceable, the rest stays in force.

• No waiver: a party doesn't waive a right by delaying in using it.

• Force majeure: neither party is liable for delay caused by events beyond its reasonable control. That doesn't excuse the breach-notice duties in Schedule 1.

17. Contact

Cosnap Photos LLC, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. Information Officer: Christiaan Mostert, christiaaninfo@cosnap.ai. Privacy and abuse: info@cosnap.ai.

1. Purpose and status

1.1 This Schedule is the written contract between the Brand (the responsible party) and Cosnap (the operator) required by POPIA section 21(1). It also records the operator's duties in POPIA section 20.

1.2 Where the GDPR, the UK GDPR or a US state privacy law applies to Event Data, this Schedule is also the data processing agreement for that law, as far as its terms allow.

2. Roles

2.1 Event Data.

• The Brand is the responsible party for Event Data. It decides why and how Event Data is processed.

• Cosnap processes Event Data for the Brand as its operator.

2.2 Account Data.

• Cosnap is the responsible party for each person's Cosnap account, including their selfie, face template and face-matching consent. That's because the same selfie can be used for any event the person chooses to join.

• Cosnap obtains the Face Matching Release from each Attendee itself, and is the party "in possession" of face templates for the purposes of US biometric laws.

• Cosnap never gives the Brand selfies or face templates.

2.3 Shared records.

• Some records serve both parties. For example, a person's registration also creates or uses their Cosnap account, and a consent record is proof for both parties.

• Each party is responsible for its own use of those records.

2.4 Faces in Event Media.

• When face recognition is on for an album linked to the Brand's event, Cosnap detects and indexes faces in that Event Media as the Brand's operator. That includes people who don't use Face Matching.

• Cosnap uses those detections only to deliver photos to Attendees who opted in, and to provide the People tool to the album owner.

• If a person leaves face matching off, Cosnap doesn't use those detections to identify them.

2.5 Photographers.

• At the Brand's events, photographers follow the Brand's instructions and the Brand's release.

• A photographer who owns an album linked to the Brand's event controls that album's settings, including face recognition.

3. Details of the processing

The subject matter, duration, nature and purpose of the processing, and the categories of data subjects and personal information, are set out in Annex A.

4. Instructions

4.1 Cosnap processes Event Data only:

• with the Brand's knowledge or authorization (POPIA s20(a))

• on the Brand's documented instructions

• or where the law requires it

If the law requires it, Cosnap tells the Brand before processing, unless the law forbids that.

4.2 The Brand's documented instructions are:

• this agreement

• the settings and actions the Brand (or its team) chooses in the brand portal: events, Event Documents, albums and their face-recognition setting, the People tool, sponsor access, downloads, handovers, exports and deletions

• other written instructions sent from an Annex D contact to christiaaninfo@cosnap.ai that Cosnap accepts in writing

4.3 Cosnap will tell the Brand if it believes an instruction breaks POPIA or other law. Cosnap may refuse to carry out an instruction that it reasonably believes is unlawful, or that needs a feature Cosnap doesn't offer.

4.4 Cosnap won't use Event Data for its own purposes. In particular, it won't sell it, use it for advertising or profiling, or use it to train AI models. There are two exceptions:

• the Account Data uses in §2.2

• producing aggregated, de-identified statistics that identify no person or Brand, to operate and improve the service

5. Cosnap's personnel

Cosnap gives access to Event Data only to staff and contractors who need it to provide or support the service. They must be bound by a duty of confidentiality.

6. Confidentiality

6.1 Cosnap treats Event Data as confidential. It doesn't disclose it to anyone except:

• the Brand and the people the Brand authorizes in the portal

• Attendees, for their own registrations and photos

• Sub-processors under §8

• as the law requires (POPIA s20(b))

6.2 If a public authority asks Cosnap for Event Data, Cosnap will:

• tell the Brand before disclosing, unless the law forbids it

• disclose only what it is legally required to

7. Security measures

7.1 Cosnap keeps in place the technical and organizational measures described in Annex B, which meet the conditions in POPIA section 19. Cosnap may change them, but won't reduce the overall level of protection.

7.2 The Brand is responsible for the security of:

• its own accounts, team access, SSO configuration and agent keys

• any Event Data it exports or downloads from Cosnap

8. Sub-processors

8.1 The Brand authorizes Cosnap to use the Sub-processors listed in Annex C.

8.2 Cosnap will tell the Brand at least 30 days before it adds or replaces a Sub-processor that processes Event Data, by email to the Annex D contact and in the portal. If the Brand objects on reasonable data-protection grounds:

• the parties will discuss it in good faith

• if they can't resolve it, the Brand may end the agreement without penalty before the change takes effect

In an emergency (for example, to keep the service running securely), Cosnap may make the change with shorter notice and tell the Brand as soon as it can.

8.3 Cosnap uses each Sub-processor under a written contract that includes data-protection and security obligations, such as the AWS Data Processing Addendum. Cosnap stays responsible to the Brand for its Sub-processors' processing of Event Data.

9. Transfers outside South Africa

9.1 Event Data is stored and processed mainly in the United States, on AWS in us-east-1 (Northern Virginia). The database is hosted by MongoDB Atlas, as set out in Annex C. Photos are delivered through AWS's global content network. Some Sub-processors process data in other countries, as listed in Annex C.

9.2 The Brand instructs and authorizes these transfers.

• Cosnap protects Event Data with the measures in Annex B and with binding contracts with its Sub-processors.

• The Brand is responsible, as the responsible party, for having a basis for the transfer under POPIA section 72, and for any prior authorization that POPIA section 57 requires.

• Cosnap will give the Brand the information it reasonably needs for this.

10. Security compromises (breach notice)

10.1 If Cosnap has reasonable grounds to believe that Event Data has been accessed or acquired by an unauthorized person, Cosnap will notify the Brand immediately, and in any case within 48 hours of becoming aware of it (POPIA s21(2)). The notice goes to the Information Officer and the privacy contact in Annex D.

10.2 The notice will give the information Cosnap then has, and Cosnap will add to it as it learns more:

• what happened, and when

• the categories and approximate number of people and records affected

• the likely consequences

• what Cosnap has done, or proposes to do, to contain it

• a contact person at Cosnap

10.3 Cosnap will:

• take reasonable steps to contain the compromise and limit its effects

• keep a record of it

• cooperate with the Brand and the Information Regulator

10.4 The Brand, as responsible party, decides on and gives the notices to the Information Regulator and to affected people that POPIA section 22 requires. Cosnap won't notify the Brand's Attendees about a compromise of Event Data on the Brand's behalf, unless:

• the Brand asks it to

• or the law requires Cosnap to do so

Cosnap gives its own notices for Account Data.

10.5 Notifying the Brand isn't an admission of fault.

11. Data subject requests

11.1 Self-service. Attendees can do the following themselves in the Cosnap app:

• leave an event

• turn Face Matching off for one event or for every event

• delete their selfie

• delete their Cosnap account

• ask for a copy of their data

11.2 Requests that reach Cosnap.

• If Cosnap receives a request about Event Data (access, correction, deletion or objection), it will forward it to the Brand within 5 business days.

• Cosnap won't answer it for the Brand unless the Brand asks, except to say it has been passed on.

• Requests about Account Data are Cosnap's to answer.

11.3 Help with requests. Cosnap will reasonably help the Brand respond to requests within POPIA's time limits, taking into account the tools available:

• The Brand can export its customer list and Event Media itself, and delete photos from its own albums.

• On the Brand's written request, Cosnap staff will find, export, correct or delete a named person's Event Data that the Brand can't reach in the portal, within 30 days.

11.4 Exported copies. The Brand is responsible for applying a request to any copies of Event Data it has exported or downloaded.

12. Retention and deletion

12.1 Cosnap keeps Event Data only as long as needed for the purposes in Annex A, under the schedule below, or longer only where the law requires. The Brand instructs Cosnap to apply this schedule.

12.2 Account Data (Cosnap's) follows the Cosnap retention rule, not this table: "We keep your face data while your Cosnap account is active and you haven't asked us to delete it. We delete it when you turn face matching off, delete your reference photo or close your account, and at the latest 3 years after your last use of Cosnap."

13. Return and deletion when the agreement ends

13.1 Before the end. Up to the end date, and for 30 days after it, the Brand can export Event Data using the portal: the customer CSV, report CSVs and album downloads. On written request, Cosnap will provide any other Event Data the Brand can't export, in a common machine-readable format.

13.2 Deletion. Within 30 days after that export period ends, Cosnap deletes Event Data from its live systems. Backup copies age out within 90 days after that. On request, Cosnap confirms the deletion in writing.

13.3 What Cosnap may keep.

• Account Data. Attendees' Cosnap accounts are Cosnap's, under §2.2.

• Photos saved into Attendees' accounts. When an Attendee saves a photo into their own Cosnap account (for example to My Downloads), Cosnap keeps a separate copy in that Attendee's account. That copy stays when the source album is deleted or this agreement ends. Photos an Attendee hasn't saved aren't kept.

• Consent records, for the period in §12 as proof.

• Anything the law requires Cosnap to keep, for as long as it requires. Cosnap will keep it confidential and use it only for that purpose.

14. Information and audit

14.1 Cosnap will give the Brand the information reasonably needed to show that it is meeting this Schedule. That includes:

• this Schedule and its annexes

• answers to a reasonable written security questionnaire, once in any 12 months

14.2 If the written information isn't enough, the Brand (or an independent auditor bound by confidentiality, and not a competitor of Cosnap) may audit Cosnap's compliance. It may do so once in any 12 months, with 30 days' notice, during business hours, and at the Brand's cost. More often is allowed only after a security compromise, or if the Information Regulator requires it.

14.3 An audit:

• must not disrupt the service

• must not give access to other customers' data

• can't include an on-site audit of AWS or other Sub-processors. Cosnap will pass on the Sub-processors' own audit reports and certifications where their terms allow.

14.4 Cosnap will cooperate with the Information Regulator in carrying out its functions.

15. Liability and precedence

15.1 The liability and indemnity clauses in the Brand Terms (§10, §11) apply to this Schedule.

15.2 If this Schedule conflicts with any other part of the agreement, this Schedule applies to Event Data.

Annex A: Details of the processing

Annex B: Security measures

These are the measures in place on 26 October 2026.

• 1. Hosting

  • Cosnap's servers, storage and face-recognition service run on Amazon Web Services in us-east-1 (USA).

  • SSH access to the production server is limited to one allow-listed address.

• 2. Encryption

  • At rest: photos and selfies in Amazon S3 are encrypted with server-side encryption (AES-256).

  • In transit: data travels over TLS (HTTPS).

• 3. Restricted storage access

  • The main photo bucket can be read only by Cosnap's content network and the face-recognition service. Private files are released through links that expire, after 15 minutes by default.

  • Branded private files are blocked from the content network.

• 4. Authentication

  • Passwords are stored as bcrypt hashes. Sessions use signed tokens.

  • Login and public sign-up are rate-limited.

  • Brands can connect their own single sign-on.

• 5. Access control in the application

  • Every brand request is checked against the brand's ownership of the event or album.

  • Brand team roles (admin, editor, analyst, viewer) limit what each member can do.

  • Sponsor accounts are refused on every route outside the sponsor portal. Agent keys are limited to their granted scopes.

• 6. Activity logging

  • Every change made in a brand account is logged with the person who made it, and kept for 400 days.

  • Server logs are kept for 30 days.

• 7. Request hardening: security headers, an allowlist of permitted web origins, input validation and database-query sanitising.

• 8. Data minimization

  • Brands never receive selfies, face templates, IP addresses or device details.

  • Cosnap holds only identifiers for indexed faces. The face vectors are held by AWS.

• 9. Backups: daily server snapshots, kept for 35 days. Database backups are kept for no longer than the period stated in our Privacy Policy.

• 10. Personnel: access to production data is limited to authorized Cosnap staff who need it.

Annex C: Sub-processors

Not Sub-processors for Event Data:

• Stripe, Inc. processes only the Brand's own billing data.

• MailerLite, Google Calendar, and Sign in with Apple, Google or Facebook aren't used for Event Data.

Annex D: Brand details (completed at acceptance)

The Brand completes these fields in the brand portal when it accepts these terms, and keeps them current under Brand Terms §4.9.