Legal · Version 3.1

Terms & Conditions

Effective date: 25 June 2026 · Version 3.1
Operator: Individual sole proprietor, Republic of South Africa.
No login or account required. Payments processed by Stripe. We do not store your payment details.

We recommend you save or print a copy of these Terms & Conditions for your records before completing your purchase. Because Your Love Here does not operate a login or account system, we cannot retrieve these terms for you after the transaction is complete.

1. About the Service

Your Love Here (the “Service”, the “Site”, or “the Wall”) is a digital public art project operated by an individual sole proprietor based in the Republic of South Africa (referred to in these terms as “we”, “us”, “our”, or the “Operator”).

The Service consists of a one-million-pixel grid (1,000 × 1,000 cells). Each cell — referred to as a “Block” — may be permanently claimed by a user anywhere in the world. Each claimed Block displays a real photograph and a short personal message chosen by the user at the time of purchase. The Wall is intentionally finite: once all one million Blocks are claimed, no further Blocks may be added.

1.1 No charitable or humanitarian associations

This project is not associated with any charity or humanitarian organisation.

2. Acceptance of Terms and Pre-Purchase Agreement

2.1 Binding acceptance

These terms constitute a legally binding agreement between you and the Operator. You must read these terms in full before proceeding to payment.

At Step 4 (Pay) of the Block claim flow, you will be required to tick a checkbox confirming: “I have read, understood, and agree to the Terms & Conditions, including the permanent and irrevocable nature of my purchase.” Ticking that checkbox and completing payment constitutes:

• (a) your unqualified, irrevocable acceptance of these Terms & Conditions in their entirety;
• (b) your confirmation that you have had a reasonable opportunity to read these terms before accepting;
• (c) your express pre-contractual consent to the immediate supply of digital content and the commencement of services, with the legal consequences described in Section 9; and
• (d) your formal waiver of any applicable statutory cooling-off or withdrawal right, to the fullest extent permitted by applicable law.

2.2 Record of acceptance

We record the date, time, and transaction reference of each accepted purchase. This record constitutes evidence of your agreement to these terms at the time of purchase. Electronic acceptance is as legally valid as a handwritten signature under the EU Electronic Commerce Directive 2000/31/EC, the UK Electronic Communications Act 2000, the South African Electronic Communications and Transactions Act 25 of 2002, and the US Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

2.3 No account — save your confirmation

Your Love Here does not operate a login system or user account. You will not be able to log in to retrieve your purchase history, your confirmation, or these terms after the transaction is complete. We strongly recommend that you:

• Save or print these Terms & Conditions before completing your purchase.
• Retain the payment confirmation email you will receive from us as your sole proof of purchase.
• Screenshot or save your Block preview before submitting.

2.4 Terms at time of purchase govern

The version of these terms in force at the time you complete payment governs your purchase. Subsequent changes do not affect rights and obligations already created, except where required by applicable law.

3. Eligibility

You may use the Site and purchase a Block only if:

• (e) you are at least 13 years of age; if you are between 13 and 18, you must have the prior consent of a parent or legal guardian who accepts these terms on your behalf;
• (f) you have full legal capacity to enter into a binding contract in your jurisdiction;
• (g) you are not prohibited from purchasing or using the Service under applicable sanctions law (see Section 17); and
• (h) where you are purchasing on behalf of a legal entity, you are duly authorised to bind that entity to these terms.

We do not knowingly collect personal data from children under the age of 13. If you believe a child under 13 has submitted content or data to us, please contact us immediately and we will remove it promptly upon verified notification.

4. User Representations and Warranties

By accepting these terms and completing a purchase, you make the following representations and warranties. These are contractual warranties, breach of which may give rise to claims for damages in addition to any other remedy available to us under these terms or applicable law.

You represent and warrant that:

• (i) you are the person you claim to be (or, where purchasing on behalf of a legal entity under Section 3(h), the person duly authorised to bind that entity), and all information you provide to us is true, accurate, current, and complete;
• (j) you have full legal capacity and authority to enter into this agreement and to grant the licences described in Section 6;
• (k) the photograph you upload is either (i) your own original work in which you hold all necessary rights, or (ii) a work for which you hold an explicit, written licence permitting all uses described in Section 6;
• (l) the photograph does not infringe the copyright, moral rights, trademark, privacy, data protection, personality rights, or any other legal rights of any third party;
• (m) where the photograph contains the recognisable likeness of any identifiable living person, you have obtained that person's prior, informed, and freely given consent to permanent public display on the Wall as described in these terms;
• (n) where the photograph contains the recognisable likeness of any deceased person whose estate or heirs may hold surviving personality, publicity, or image rights under applicable law, you have verified that no such rights are infringed by the proposed use;
• (o) the message you submit is truthful to the best of your knowledge and does not contain false statements of fact, defamatory content, or content likely to mislead a reasonable person;
• (p) your use of the Service does not and will not violate any applicable law, regulation, court order, or third-party agreement by which you are bound; and
• (q) the payment method you use is authorised for your use and the transaction is not fraudulent.

These warranties are given at the time of purchase and are treated as continuously repeated for so long as your content remains on the Wall.

5. Purchasing a Block

5.1 The claim process

To claim a Block you must complete all five steps of the claim flow: (1) Choose your spot and block size; (2) Compose your photograph and message; (3) Preview your submission; (4) Accept these Terms & Conditions and complete payment; (5) Receive confirmation. A Block is not considered legally claimed until payment has been successfully processed and a confirmation has been issued to you.

5.2 Block sizes and pricing

Blocks are available in four sizes at the following prices, displayed in United States Dollars (USD):

• 1 × 1 pixel — USD $1.00
• 2 × 2 pixels — USD $4.00
• 4 × 4 pixels — USD $16.00
• 8 × 8 pixels — USD $64.00

Prices are set by the Operator and are subject to change for future purchases with reasonable prior notice (see Section 21.2). The price applicable to your purchase is the price displayed to you at the time you complete Step 4.

5.3 Payment processing and PCI DSS compliance

All payments are processed by Stripe, Inc. or a Stripe affiliate (“Stripe”). Stripe is a Level 1 PCI DSS-certified payment processor, which is the highest level of security certification available in the payments industry. We do not store, process, transmit, or have access to your payment card number, CVV, expiry date, or any other card credential at any point. Those details are entered directly into Stripe's secure systems.

By completing payment, you confirm that: (a) you are the authorised holder or user of the payment method presented; (b) the transaction is not fraudulent; and (c) you have the legal right to use the payment method for this transaction.

5.4 One-time transaction — no subscription or recurring billing

Your Block purchase is a single, one-time transaction. We do not operate a subscription model. Your payment method will not be charged again by us after your Block purchase is confirmed, unless you separately purchase one or more additional Blocks. We will never initiate any recurring or automatic charge against your payment method.

5.5 Email address — accuracy and responsibility

The only personal detail we collect from you directly is your email address, which is used solely to send you a payment confirmation. You are solely responsible for providing an accurate and functioning email address during the checkout process. We are not responsible for non-delivery of the confirmation email due to:

• an incorrectly entered email address;
• your email provider's spam or junk filters;
• your email provider's delivery failures or storage limits; or
• any other technical issue on the recipient's side.

Your payment confirmation email is your sole proof of purchase. Because we do not operate an account system, we cannot re-send a confirmation if it is lost or if you provided an incorrect email address. If you do not receive your confirmation within 24 hours of completing payment, please contact us through the Questions & Answers page on the Site with your transaction reference.

5.6 Confirmation email as proof of purchase

The confirmation email sent to the email address you provided at checkout constitutes your receipt and proof of purchase. It will contain your transaction reference, the coordinates of your reserved Block, the price paid, and the date and time of the transaction. Please retain this email. We recommend saving it to a folder other than your primary inbox as we cannot reissue it if your email account is deleted or becomes inaccessible.

5.7 Pricing errors

If a Block is listed at an incorrect price due to a typographical error, software fault, or administrative mistake, we reserve the right to cancel the transaction at the incorrect price before the Block is published, and to offer you the opportunity to repurchase at the correct price. We will notify you promptly by email and issue a full refund of the amount paid within 14 calendar days. We are not obliged to honour transactions placed at clearly erroneous prices.

5.8 Tax, VAT, and currency

All prices are displayed in USD. The following tax and currency terms apply:

• (r) Prices displayed are exclusive of any applicable taxes unless stated otherwise. You are solely responsible for all taxes, levies, duties, and withholding taxes applicable to your purchase under the laws of your jurisdiction.
• (s) If you are purchasing from within the European Union, VAT on digital services may apply at your local rate under Council Directive 2006/112/EC and the EU VAT OSS scheme. We will display the applicable VAT at checkout where required by law.
• (t) If you are purchasing from within the United Kingdom, UK VAT on digital services may apply under the Value Added Tax Act 1994.
• (u) If you are purchasing from within South Africa, VAT at the prevailing rate under the Value-Added Tax Act 89 of 1991 may apply to the extent required by law.
• (v) Exchange rate fluctuations and foreign transaction fees applied by your bank or card issuer are your sole responsibility.
• (w) If you are a business (non-consumer) purchasing from within the European Union or the United Kingdom, the reverse charge mechanism may apply to this transaction. It is your responsibility to determine whether you are purchasing as a business or consumer and to apply the correct VAT treatment.

5.9 Order confirmation and moderation

Receipt of a payment confirmation does not constitute publication of your Block on the Wall. Your Block will be published following successful content moderation under Section 8. Payment confirmation is confirmation of a reservation of your chosen position — not confirmation that your specific content has been approved.

6. Image Upload and Permanence

6.1 Permanent nature of content

Specifically, and without limitation:

• Your photograph and message will be stored on our servers and displayed on the Wall for the lifetime of the project and beyond.
• Even if the Wall is taken offline, your content may continue to exist in digital backups, internet archive services (including the Internet Archive / Wayback Machine), promotional screenshots, press and editorial materials, physical prints of the completed Wall, and any future digital or physical archive of the project.
• Once your content has been publicly displayed on the Wall, we cannot guarantee or procure its removal from all third-party locations, caches, or archives, even if we remove it from the Wall itself.

6.2 Content licence granted to the Operator

By uploading your photograph and message, you grant the Operator a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable licence to:

• (x) display, reproduce, and make publicly available your photograph and message as part of the Wall, in any digital or physical format, at any time;
• (y) use your photograph and message in promotional, editorial, press, and archival materials relating to the Your Love Here project, with attribution where reasonably practicable given the format;
• (z) permit third parties acting on our behalf (including hosting providers, CDN operators, archive services, printing partners, and PR agencies) to exercise the foregoing rights; and
• (aa) include your Block in any physical or digital archive, book, exhibition, or derivative work produced in connection with the Wall.

This licence does not transfer ownership of your photograph or message. You retain all copyright in your own original work. However, because the Wall is a permanent public archive, this licence is irrevocable once your Block is published and cannot be withdrawn by you.

6.3 Moral rights

To the fullest extent permitted by applicable law, and as a necessary condition of the permanent and irrevocable nature of the Wall as described in these terms, you hereby irrevocably waive all moral rights (including without limitation the right of attribution, the right of integrity, and any equivalent rights under any applicable law) in respect of your uploaded photograph and message, in favour of the Operator and any person authorised by the Operator to use that content in accordance with the licence in Section 6.2.

Where applicable law (including French law) renders moral rights entirely non-waivable, you agree not to exercise those rights in any manner that is inconsistent with the licence granted in Section 6.2, and you acknowledge that exercising such rights against the Operator would cause disproportionate harm to the integrity of a permanent public archive.

6.4 Your upload authority

By uploading content, you make the representations and warranties in Section 4. If any prove to be untrue, you accept sole legal and financial responsibility for all resulting claims, and your indemnification obligations under Section 15 apply in full.

7. Content Standards

7.1 Permitted content

The Wall is a space for real photographs and genuine personal messages of love, gratitude, tribute, memory, hope, solidarity, and celebration. Content from any country and in any language is welcome, provided it meets the standards set out in this Section.

7.2 Prohibited content

The following content is strictly prohibited and will be rejected during moderation. Submission of prohibited content may result in forfeiture of the block fee and permanent suspension from the Service:

• Photographs that are not real photographs — including AI-generated images, pure digital illustration, design mockups, or composite images with no identifiable photographic origin.
• Nudity, sexual content, or sexually suggestive or exploitative material of any kind.
• Graphic violence, gore, injury, death, or imagery depicting real-world cruelty or suffering.
• Hate speech, hate symbols, extremist symbols, slurs, threats, harassment, or content targeting any individual or group based on race, religion, ethnicity, gender, sexual orientation, disability, nationality, or any other protected characteristic.
• Content that names, identifies, or depicts another living person without their demonstrable, freely given, and prior written consent, including content uploaded without consent to publicly humiliate, expose, or harm a third party.
• Content promoting or facilitating illegal activity, financial scams, dangerous substances, or harmful behaviour.
• Advertisements, brand promotions, commercial solicitations, logos, or marketing materials disguised as personal messages, except where expressly permitted under Section 7.5.
• Content that infringes the copyright, trademark, moral rights, personality rights, or other intellectual property rights of any third party.
• Content that we, acting reasonably and in good faith, determine to be harmful to the integrity, spirit, or community of the Wall.

7.3 Photographs containing children

If the photograph you upload contains the recognisable likeness of any person under the age of 18, the following requirements apply without exception:

• (bb) You must be the parent or legal guardian of the child, or you must hold the explicit prior written consent of the child's parent or legal guardian for the permanent, public, and irrevocable display of the child's image on the Wall and in any archival, promotional, or editorial materials described in Section 6.2.
• (cc) By uploading a photograph containing a child's image, you represent and warrant that you hold the consent described above.
• (dd) We will reject without appeal any photograph that, in our reasonable judgement, depicts a child in a manner that is sexual, exploitative, humiliating, or otherwise harmful. Such submissions will be referred to appropriate authorities if required by applicable law.
• (ee) You acknowledge that once a child's photograph is published on the Wall, it cannot be removed, and that the child and their parents/guardians have no right of removal under these terms once the purchase is complete.

7.4 Photographs of deceased persons

You may upload a photograph of a deceased person as a tribute or memorial. In doing so, you represent and warrant that:

• (ff) you have verified whether the deceased person's estate or heirs hold any surviving personality rights, image rights, or right of publicity under the law of the deceased's country of domicile;
• (gg) you are authorised to make the submission either as a rights holder, an heir, or with the consent of the relevant rights holder; and
• (hh) the photograph is used respectfully and is not submitted for any purpose that would demean, misrepresent, or harm the memory of the deceased.

7.5 Sponsored and brand content

Notwithstanding the prohibition in Section 7.2, the Operator may, at its sole discretion, accept Block submissions from brands, companies, or organisations where the content genuinely aligns with the mission of the Wall — spreading love and kindness. Such submissions are subject to the following conditions:

• The photograph must be a real photograph meeting all requirements in Section 7.1 and 7.2, and the message must be a genuine expression of love, kindness, or goodwill — not a promotional tagline or advertising copy.
• The content must not include URLs, QR codes, promotional codes, calls to action, pricing information, or any other element whose primary purpose is commercial conversion.
• Brand logos or names may appear in the photograph where they form a natural part of the image, but may not be the primary or dominant element of the submission.
• All brand submissions are subject to the same human moderation process as any other Block.
• Brand purchasers are solely responsible for compliance with all advertising, endorsement, and sponsorship disclosure laws applicable in their own jurisdiction.

8. Moderation and Review

Every Block submission is subject to a human moderation review before publication on the Wall. This review typically occurs within 24 to 72 hours of payment confirmation. We do not guarantee any specific moderation timeline and are not liable for delay.

8.1 Human review — no automated decision-making

Content moderation decisions are made by human reviewers. Standard security scanning (such as automated detection of known child sexual abuse material using PhotoDNA or equivalent technology) may be applied as a mandatory first step before human review; this is not a moderation decision but a legal safeguarding requirement. If you believe a moderation decision was made in error, you may contact us through the Questions & Answers page to request a human re-review.

8.2 Rejection and resubmission

If your Block is rejected during first review, you will receive a written explanation and one (1) opportunity to resubmit revised content at no additional charge. If your resubmission is also rejected, the block fee is forfeited in accordance with Section 9.4. We reserve the right to permanently suspend access to the Service for any user whose submissions repeatedly violate these content standards.

8.3 Post-publication removal

We reserve the right to remove any published Block at any time if we determine it violates these terms or applicable law, or if we receive a valid DMCA notice, a court order, or a regulatory instruction requiring removal. Where removal is due to the purchaser's breach of these terms, no refund is due.

9. Refund Policy — All Sales Final

9.1 Absolute no-refund policy

9.2 Digital content waiver — right of withdrawal

At Step 4 of the claim flow, prior to completing payment, you are explicitly informed that:

• (ii) the Service constitutes the supply of digital content within the meaning of the EU Consumer Rights Directive 2011/83/EU (Article 16(m)), the UK Consumer Rights Act 2015 (s.36), and equivalent legislation in other applicable jurisdictions;
• (jj) by checking the acceptance checkbox and completing payment, you expressly request that the supply of digital content begin immediately — which includes the immediate irrevocable reservation of your chosen pixel position and block size, the commencement of content processing and storage, and the initiation of moderation procedures; and
• (kk) by expressly requesting immediate commencement of digital content supply, you irrevocably waive any right of withdrawal, cooling-off, or cancellation that would otherwise apply under the Consumer Rights Directive 2011/83/EU (Article 16(m) and Recital 49), the Consumer Rights Act 2015 (s.36(4)), the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Regulation 37), or equivalent legislation.

9.3 Immutable position-specific reservation

Independently of Section 9.2, the Wall consists of a fixed, finite, position-specific resource. At the moment your payment is confirmed, your chosen position and block size are immediately, irrevocably, and exclusively reserved in your name and made permanently unavailable to any other purchaser. The economic value of that position to us is fully realised at the moment of reservation.

9.4 Specific no-refund scenarios

Without limiting Sections 9.1 to 9.3, no refund will be issued in any of the following circumstances:

• (ll) Change of mind, buyer's remorse, or any change in the purchaser's subjective assessment of the value of the Block.
• (mm) Inability to use the Site due to device incompatibility, internet connectivity issues, or any technical circumstances on the purchaser's side.
• (nn) Delay in moderation or publication, for any reason and of any duration, including force majeure events.
• (oo) Rejection of the Block during moderation (first or second review). The full purchase price is forfeited as liquidated damages representing the value of the irreversibly reserved position.
• (pp) Post-publication removal of the Block caused by the purchaser's breach of these terms.
• (qq) Death, incapacity, or insolvency of the purchaser (see Section 11).
• (rr) Technical failure on the part of any third-party service provider, including Stripe, cloud storage providers, or CDN operators, where such failure does not constitute a breach of our obligations under these terms.
• (ss) Loss or non-delivery of the confirmation email due to an incorrect email address provided by the purchaser, or spam filter issues.
• (tt) Any other circumstance not expressly listed in Section 9.6 as giving rise to a refund entitlement.

9.5 Statutory rights — preservation

Nothing in this Section 9 purports to exclude, restrict, or modify any right or remedy conferred on you by mandatory provisions of applicable law that cannot lawfully be excluded by contract. Your statutory rights under the EU Consumer Rights Directive 2011/83/EU, the UK Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the South African Consumer Protection Act 68 of 2008, and equivalent local consumer law remain fully intact to the extent they cannot lawfully be waived.

9.6 Refund entitlement — exhaustive list

A refund of the purchase price will be issued only in the following exhaustive circumstances:

• (yy) Technical payment failure: a verifiable technical error on our side caused a payment to be charged but no Block reservation to be created, and we are unable to rectify this. Full refund within 14 calendar days.
• (zz) Duplicate charge: a verifiable technical error caused your payment method to be charged more than once for the same Block. Duplicate charge(s) refunded within 14 calendar days.
• (aaa) Pricing error: we exercised our right under Section 5.7 to cancel your transaction placed at an incorrect price. Full refund within 14 calendar days.
• (bbb) Mandatory statutory entitlement: a competent court, tribunal, or regulatory authority determines that a refund is required under mandatory applicable law that cannot be lawfully excluded, and all rights of appeal have been exhausted.

No other circumstance gives rise to a right or entitlement to a refund. The above list is exhaustive.

9.7 Goodwill credits — discretionary only

We may, at our absolute discretion, offer a goodwill credit (not a cash refund) in genuinely exceptional circumstances not caused by the purchaser's breach. Any such credit applies only to a future Block purchase, has no cash value, does not exceed the original purchase price, expires 12 months from issue, does not constitute an admission of liability, and creates no precedent.

9.8 Chargeback and unauthorised payment reversal

You agree to contact us through the Questions & Answers page before initiating any chargeback or payment dispute, and to allow us not less than 14 calendar days to respond. Where you initiate a chargeback that we determine, acting reasonably, to be without valid legal basis or made in bad faith, you agree to indemnify us for the full face value of the disputed transaction, all chargeback fees and penalties levied by Stripe or the relevant card scheme (typically USD $15–$100 per chargeback), all reasonable legal and administrative costs incurred in contesting the chargeback, and any consequential losses directly caused by the chargeback.

10. No Editing After Approval and Publication

Once your Block has passed moderation and been published on the Wall, it is permanent and immutable. No changes of any kind will be accepted or processed after publication:

• The photograph cannot be changed, substituted, updated, enhanced, or removed.
• The message cannot be changed, corrected, translated, or updated.
• The position of the Block on the Wall cannot be moved or reassigned.
• The size of the Block cannot be changed.

Pre-publication corrections: If you discover a genuine error in your content before moderation is complete, contact us immediately. We will consider correction requests on a case-by-case basis before the Block is published, but we are under no obligation to act on any such request.

Post-publication exceptional cases: If you discover a material factual error in your published Block (for example a spelling error in the name of a person being honoured), contact us. We may, at our sole discretion, remove the published Block and issue a credit (not a refund) for a single replacement Block. This is exceptional, not a right, and creates no precedent or obligation.

11. Death, Incapacity, and Estate

11.1 Death of purchaser after publication

Where a purchaser dies after their Block has been published:

• (hhh) The Block remains on the Wall permanently, exactly as published. No editing, updating, or removal will be performed at the request of the estate or any third party, except where required by applicable law.
• (iii) No refund of the purchase price will be issued to the estate or any beneficiary.
• (jjj) The content licence granted under Section 6.2 survives the purchaser's death and remains in full force.
• (kkk) The Block does not form part of the purchaser's digital estate for inheritance purposes, except to the extent required by applicable law.

11.2 Death of purchaser before publication

Where a purchaser dies after payment but before publication: the estate may, within 60 days of notifying us of the death, elect to either (i) complete the submission process by providing compliant content, in which case the Block will be published as submitted; or (ii) allow the purchase to lapse, in which case the position is forfeited and no refund is due.

11.3 Mental or legal incapacity

Where a purchaser lacked legal capacity at the time of purchase, the purchaser's legal guardian or representative should contact us. We will consider each situation on its merits. This Section does not create an entitlement to a refund.

11.4 Dissolution or insolvency of a corporate purchaser

Where a Block was purchased by a legal entity that is subsequently dissolved, wound up, deregistered, acquired, or otherwise ceases to exist, the Block and all content associated with it remain on the Wall permanently and unaffected. No refund is due to the dissolved entity.

12. Privacy, Data, and Electronic Communications

12.1 What data we collect — minimal by design

Your Love Here does not operate a login system or user account. We collect and retain only the minimum data necessary to complete your transaction and operate the Wall. We do not store your payment card details, your full name (unless you include it in your message), or any account profile. The only personal data we collect and process is:

• Your email address — provided at checkout, used only to send you a payment confirmation and, where you have opted in, project news.
• Your photograph and message — permanently stored on our servers as part of the Wall, and publicly displayed to all global visitors.
• IP address and device information — collected automatically for fraud prevention, security monitoring, and abuse detection.
• Your acceptance record — a timestamped log of the date, time, and transaction reference at which you accepted these terms.

12.2 How we use your data

We do not sell your personal data, use your data to train artificial intelligence or machine learning models, share your data with advertisers, or use your data for profiling.

12.3 Legal basis for processing (GDPR)

For users in the European Union and United Kingdom, our legal bases are performance of a contract (email address, photograph and message), your explicit consent (permanent public display), legitimate interests (IP / security), and legal obligation (acceptance record).

12.4 Applicable data protection law

We process personal data in compliance with the EU GDPR 2016/679, the UK GDPR and Data Protection Act 2018, the South African Protection of Personal Information Act 4 of 2013 (POPIA), the US CCPA as amended by the CPRA, and equivalent legislation.

12.5 Data retention

• Email address and acceptance record: retained for a minimum of 7 years for accounting and evidential purposes.
• Photograph and message (published Wall content): retained indefinitely as a permanent part of the archive.
• IP address and server security logs: retained for a maximum of 90 days.

12.6 Cross-border data transfers

The Service and its supporting infrastructure may be located outside your country of residence. Where such transfers involve personal data from the EEA or the UK, we ensure appropriate safeguards including Standard Contractual Clauses, the EU-US Data Privacy Framework, or equivalent adequacy mechanisms. For transfers from South Africa, we comply with POPIA s.72.

12.7 Cookies and tracking

We use only essential session cookies necessary for the technical operation of the Site. We do not use analytics cookies, advertising cookies, or behavioural tracking technologies. Stripe may set its own cookies during payment, governed by Stripe's Cookie Policy.

12.8 Public nature of Wall content

Your photograph and message, once published, are publicly visible to all visitors globally. We cannot restrict the visibility of published Wall content to specific regions or jurisdictions.

12.9 Electronic communications

By completing a purchase, you consent to receive transactional communications from us (payment confirmation, moderation outcome, publication notice). Marketing communications require a separate opt-in and may be unsubscribed from at any time.

12.10 Your data rights

Depending on your jurisdiction, you may have the right to access, correct, delete (subject to the limitations in Sections 6 and 10 — published Wall content cannot be deleted), restrict processing, and port your personal data. You also have the right to lodge a complaint with your applicable data protection supervisory authority.

12.11 Data breach notification

In the event of a personal data breach likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours as required by GDPR Article 33, and will notify you directly where a high risk arises.

13. Intellectual Property and DMCA Takedown Procedure

13.1 Operator's intellectual property

All design elements, source code, brand identity, written content, illustrations, and other materials on the Site (excluding user-submitted Block content) are the intellectual property of the Operator and are protected by copyright, trademark, and other applicable laws.

13.2 DMCA notice and takedown

In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), we have designated an agent to receive notifications of claimed copyright infringement. To submit a DMCA notice, contact us through the Questions & Answers page, clearly marked “DMCA Copyright Notice.” A valid notice must include a signature, identification of the copyrighted work, identification of the infringing material on the Site, your contact information, a good faith statement, and a statement under penalty of perjury.

13.3 Counter-notice procedure

If you believe content you submitted was removed in error, you may submit a counter-notice including your signature, identification of the removed material, a statement under penalty of perjury that the removal resulted from mistake or misidentification, your contact information, and your consent to the jurisdiction of the appropriate court.

13.4 Repeat infringer policy

We operate a repeat-infringer policy as required by 17 U.S.C. § 512(i). Any user whose content generates two or more upheld DMCA complaints or repeated intellectual property infringements will be permanently suspended from the Service.

13.5 Non-DMCA intellectual property complaints

For IP complaints outside DMCA scope (including trademark disputes, personality rights, and non-US copyright complaints), contact us through the Questions & Answers page with full details.

14. Third-Party Services and Infrastructure

The Service relies on third-party infrastructure including Stripe (payment processing), cloud hosting and storage providers, content delivery network (CDN) operators, and email service providers. You acknowledge that we are not responsible for the availability, performance, security, or conduct of any Third-Party Provider.

14.1 Prohibition on third-party scraping and AI use of Wall content

The published Wall is publicly visible but all content on the Wall remains subject to the intellectual property rights of the Operator and of individual Block purchasers. Automated scraping, crawling, bulk downloading, and any use of Wall content to train, fine-tune, or evaluate any artificial intelligence, machine learning, or computer vision model is expressly prohibited without the Operator's prior written consent. We reserve all rights under the EU Database Directive 96/9/EC and equivalent legislation.

15. User Indemnification

You agree to indemnify, defend (at our option), and hold harmless the Operator and any successors, assigns, partners, contractors, and agents from and against any and all claims, demands, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with your uploaded content, any breach of these terms, any infringement of third-party rights, any fraudulent use of a payment method, any misrepresentation, or any violation of applicable law. This obligation survives termination of these terms and the removal or expiry of your Block.

16. Prohibited Use

In addition to the content standards in Section 7, you must not use the Site or Service in any of the following ways:

• Violating any applicable law, statute, regulation, or court order.
• Accessing or attempting to access, without authorisation, any part of the Site, our servers, databases, or administrative systems.
• Interfering with, disrupting, or degrading the performance of the Site through denial-of-service attacks, bot traffic, scraping, or other automated means.
• Attempting to circumvent content moderation, payment systems, security measures, or access controls.
• Harvesting, collecting, or aggregating data from the Site for commercial purposes.
• Impersonating any person or entity, or misrepresenting your identity or affiliation.
• Submitting false, fabricated, or misleading reports or notices, including false DMCA notices.
• Scraping or extracting Wall content for the purpose of training any AI, machine learning, or computer vision model.
• Using the Site in any way that damages, disparages, or brings into disrepute the reputation of the Wall, the project, or the Operator.

17. Sanctions and Restricted Jurisdictions

The Service is made available globally but is subject to applicable international trade sanctions and export control laws. By using the Service, you represent and warrant that:

• (bbbb) you are not a person designated on, or owned or controlled by a person designated on, the US OFAC SDN List, the EU Consolidated Financial Sanctions List, the UK HM Treasury Financial Sanctions List, or any other applicable sanctions list;
• (cccc) you are not located in, organised under the laws of, or acting on behalf of any person or entity in a jurisdiction subject to comprehensive sanctions, including Iran, North Korea, Cuba, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine; and
• (dddd) the funds you use are not derived from, and your use of the Service will not facilitate, any activity prohibited by applicable sanctions, anti-money laundering, or counter-terrorism financing legislation.

18. Disclaimers and Limitation of Liability

18.1 Service provided “as is”

The Site and Service are provided on an “as is” and “as available” basis without warranties of any kind, express or implied. We do not warrant that the Site will be uninterrupted, error-free, secure, or free from harmful components.

18.2 Device and browser compatibility

We make reasonable efforts to ensure the Site is accessible across commonly used modern web browsers and devices, but do not warrant compatibility with every browser or device. Incompatibility does not entitle you to a refund.

18.3 Wall display and grid integrity

The grid coordinates of your Block are permanently fixed. However, we reserve the right to modify zoom levels, visual presentation, navigation, and the technical format in which the Wall is rendered. Such display modifications do not affect the underlying position or permanence of your Block.

18.4 No guarantee of perpetual availability

While the Wall is intended to be permanent, we cannot warrant that the Site will remain accessible indefinitely. In the event of discontinuation, we will use reasonable endeavours to provide not less than 90 days' written notice, publish an archival copy, and explore transfer to a suitable successor operator.

18.5 Limitation of liability

To the fullest extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or in connection with your use of the Service shall not exceed the amount you paid for the specific Block to which the claim relates. We exclude all liability for indirect, consequential, incidental, special, punitive, or exemplary damages. Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud, or any statutory liability that cannot lawfully be excluded.

19. Governing Law and Dispute Resolution

These terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to any conflict of laws rules.

19.1 Informal resolution

In the event of any dispute, both parties agree to first attempt amicable resolution. You must notify us in writing through the Questions & Answers page, and we will respond within 14 calendar days.

19.2 Non-exclusive jurisdiction

If not resolved within 30 calendar days, the dispute shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa. This does not deprive you of the right to commence proceedings in the courts of your country of residence where mandatory consumer law so permits.

19.3 EU consumer — online dispute resolution

EU consumers may refer disputes to their national consumer dispute resolution body and to the European Commission's ODR platform at ec.europa.eu/consumers/odr.

19.4 Limitation period for claims

To the maximum extent permitted by applicable law, any claim must be brought within one (1) year of the date on which the cause of action arose or was discovered. Claims not brought within this period are forever barred.

19.5 No class action

To the maximum extent permitted by applicable law, you agree to bring any claim only in your individual capacity and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.

20. Contact

For all enquiries, disputes, data requests, DMCA notices, or other communications relating to these terms, please contact us through the Questions & Answers page on the Site. If unavailable, you may reach us by email at hello@yourlovehere.co, support@yourlovehere.co, or info@yourlovehere.co. We aim to respond within 5 business days.

21. Changes to These Terms

21.1 Changes to terms and conditions

We reserve the right to update these terms at any time to reflect changes to the Service, applicable law, or our operating practices. If we make material changes, we will update the effective date, post a notice on the Site, and where practicable notify users by email.

21.2 Changes to pricing

We reserve the right to change Block prices at any time. Price changes take effect for new purchases made after the effective date and do not affect purchases already completed.

22. General Provisions

Entire agreement

These Terms & Conditions, together with our Privacy Policy (when published), constitute the entire agreement between you and the Operator with respect to the Service.

One-time transaction — no subscription

Your Block purchase is a single, one-time transaction. These terms do not constitute a subscription agreement.

Severability

If any provision of these terms is found invalid or unenforceable, that provision shall be limited or severed, and the remaining provisions shall continue in full force and effect.

No waiver

Our failure or delay in exercising any right shall not constitute a waiver of that right.

Assignment

You may not assign your rights or obligations under these terms without our prior written consent. We may assign our rights and obligations to any affiliate, successor, or acquirer of the business.

Force majeure

We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, pandemic, war, civil unrest, terrorism, government action, fire, flood, natural disaster, or failure of third-party infrastructure providers.

Electronic contracts

These terms constitute an electronic contract within the meaning of the EU Electronic Commerce Directive 2000/31/EC, the UK Electronic Communications Act 2000, the South African ECTA 25 of 2002, and the US E-SIGN Act (15 U.S.C. § 7001 et seq.).

Language

These terms are drafted in English. If we produce a translation for convenience, the English version shall prevail in the event of any inconsistency.

Third-party rights

These terms do not confer any rights on any third party.

Relationship of parties

Nothing in these terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and the Operator.