Terms & Conditions

1. About us

These Terms & Conditions (“Terms”) govern your use of latente.app, the Latente mobile and web applications, and any related services we provide (ogether, the “Service”).

The Service is operated by Latente Ltd., a company registered in England and Wales with company number 17137645 and registered office at 81 Eton Rise, London NW3 2DA, United Kingdom.

You can contact us at [email protected].

2. Acceptance of these Terms

By accessing or using the Service, creating an account, uploading images, purchasing a roll, redeeming a code, or otherwise placing an order with us, you agree to be bound by these Terms and our Privacy Policy and Cookies Policy.

If you do not agree to these Terms, you must not use the Service.

3. Eligibility

You must be at least 18 years old to use the Service.

By using the Service, you confirm that:

1. you are legally capable of entering into a binding agreement;
2. all information you provide is accurate and complete;
3. you will comply with all applicable laws and regulations; and
4. you will only use the Service for lawful purposes.

We may suspend or terminate access where we reasonably believe a user is under 18 or has provided false or misleading information.

4. The Service

Latente provides a photo roll service designed to let users capture a limited number of photographs, upload them for temporary storage, arrange printing and physical delivery, and later unlock a time-limited digital gallery and/or download.

The Service may include:

• account creation and login by email link or code;
• roll creation and management;
• temporary storage of uploaded images and related metadata;
• quoting, payment processing, printing and fulfilment;
• delivery through third-party postal or courier providers;
• redemption, unlock and limited-time digital access after delivery; and
• related support, fraud prevention, abuse monitoring, operational and administrative tools.

We currently only support shipping addresses in the United Kingdom and the United States. We may change supported destinations at any time.

5. Accounts, login and security

To use certain parts of the Service, you may need to create an account or authenticate using a login link, code, or similar access method.

You are responsible for:

• maintaining the security of your email account and any devices you use to access the Service;
• keeping your access credentials and redemption codes confidential; and
• promptly notifying us if you believe your account, login link, code, or redemption code has been compromised.

We may refuse, restrict or revoke access where we reasonably believe there has been unauthorised access, fraud, abuse, or a breach of these Terms.

6. Orders, pricing and payment

Prices, fees, shipping charges, taxes and currency information will be shown to you during checkout or quoting, where applicable.

By placing an order, you authorise us and our payment processor to charge the applicable amount for:

• printing and fulfilment;
• shipping and delivery;
• applicable taxes or duties where charged at checkout; and
• any other clearly disclosed charges.

Payments are processed by third-party payment providers. We do not store your full payment card details.

We may refuse or cancel an order where:

• pricing or product information is obviously incorrect;
• payment is not successfully completed;
• the order cannot be fulfilled;
• required information is missing or inaccurate; or
• we reasonably suspect fraud, abuse, illegal activity, or breach of these Terms.

7. Shipping, fulfilment and delivery

We use third-party fulfilment, print, hosting, storage, payment, email, and delivery providers in order to operate the Service.

Printing and fulfilment may be carried out by third-party production partners. Delivery may be carried out by postal or courier partners selected by us or our fulfilment providers.

You are responsible for providing complete and accurate shipping information. We are not responsible for delays, failed deliveries, or extra costs caused by:

• incorrect or incomplete address details;
• refusal to accept delivery;
• customs, import procedures, or local restrictions;
• carrier disruptions;
• events outside our reasonable control; or
• information supplied by you that is inaccurate or outdated.

Delivery dates and timeframes are estimates only and are not guaranteed.

8. Cancellations, returns and refunds

Because Latente products are custom, made-to-order, and personalised using your uploaded content, cancellation and refund rights are limited, subject always to any non-excludable rights you may have under applicable law.

8.1 Cancellation before production

If you contact us before your order has entered production, we may cancel the order and refund the print portion of the order. Shipping charges, payment processing charges, and other non-recoverable third-party costs already incurred may be non-refundable.

You should contact us as soon as possible if you wish to cancel. We do not guarantee that cancellation will be possible after payment, because orders may move quickly into production.

8.2 After production starts

Once an order has entered production, it is generally non-cancellable and non-refundable, except where required by law or where we expressly agree otherwise.

8.3 Lost in transit

If an order is confirmed as lost in transit, we may, at our discretion and subject to verification, offer:

• a reprint and replacement shipment; or
• a refund.

8.4 Damaged, defective or materially incorrect orders

If an order arrives damaged, defective, or materially different from what was ordered, please contact us within a reasonable time and provide supporting information such as photos of the issue and packaging. We may, at our discretion and subject to review, offer:

• a reprint;
• a replacement shipment; or
• a refund.

8.5 Incorrect address or rejected order data

Where an order cannot be fulfilled, delivered, or is rejected because of inaccurate or incomplete information supplied by you, including an incorrect address, postcode, ZIP code, state, country, or recipient name, any remedy will be considered case by case.

8.6 No refund for misuse or breach

We will not be obliged to provide a refund, reprint, or replacement where we reasonably believe the issue arises from:

• your breach of these Terms;
• unlawful or prohibited content;
• your device, browser or connectivity issues;
• your failure to download content during the access period; or
• any failure caused by information you provided being incomplete, false or inaccurate.

9. Digital reveal, gallery and downloads

Where available, a valid redemption code or equivalent unlock method may provide access to a digital gallery and/or a downloadable copy of your images.

Digital access is intended to be temporary, not permanent cloud storage. You are responsible for downloading and securely storing any files you wish to keep during the access period.

We may limit, change, suspend or remove digital access features at any time for operational, legal, security or product reasons, subject to applicable law.

10. Your content

You retain ownership of the images and other content you upload to the Service (“User Content”).

By uploading User Content, you grant Latente Ltd. a limited, non-exclusive, worldwide, royalty-free licence to host, copy, reproduce, store, transmit, process, format, print, fulfil, deliver, display to you after valid unlock, make available for temporary download, back up, troubleshoot, and otherwise use your User Content solely as necessary to:

• operate the Service;
• process and fulfil your order;
• provide customer support;
• maintain security and prevent abuse;
• enforce these Terms; and
• comply with legal obligations.

This licence ends when your User Content is deleted from our active systems, except to the extent retention is required for backups, legal obligations, dispute resolution, fraud prevention, or the establishment, exercise or defence of legal claims.

11. Your responsibilities and warranties

You are solely responsible for your User Content and for your use of the Service.

You represent, warrant and agree that:

1. you own or control all necessary rights in the User Content you upload;
2. you have obtained any required permissions or consents from individuals depicted or identifiable in the content, including parents or guardians where required;
3. your User Content and use of the Service do not violate any law, regulation, third-party right, or these Terms; and
4. your User Content does not contain anything illegal, infringing, harmful, deceptive or prohibited under these Terms.

12. Prohibited content and prohibited use

You must not upload, submit, transmit, order, redeem, print, download, share or otherwise use the Service in connection with:

• illegal content or unlawful activity;
• child sexual abuse material or any content involving the sexual exploitation of minors;
• grooming, trafficking, abuse, coercion, or exploitative content;
• non-consensual intimate images, sexual extortion, or voyeuristic content;
• hateful, violent, threatening or extremist content where unlawful or prohibited;
• content that infringes copyright, trade marks, privacy, publicity or other intellectual property or personal rights;
• fraudulent, deceptive or misleading material;
• malware, malicious code, scraping, interference, or attempts to compromise the Service;
• content intended to harass, abuse, intimidate or endanger others; or
• any use that could expose us, our users, or our service providers to legal, reputational or security risk.

We do not undertake to proactively monitor all content. However, we may review, access, refuse, remove, disable, preserve or disclose User Content and related information where we reasonably believe it is necessary to:

• operate or secure the Service;
• investigate abuse, fraud or safety concerns;
• enforce these Terms;
• comply with law, regulation, court order or lawful request;
• protect our rights, property, users, staff, suppliers, or the public; or
• cooperate with law enforcement, regulators, child-safety bodies, rights holders, payment providers, hosting providers, fulfilment providers or other relevant third parties.

We may suspend or terminate your account immediately, without refund, where we reasonably believe you have breached this section.

13. Intellectual property in the Service

All intellectual property rights in the Service, including the Latente name, logo, site design, software, text, graphics, branding, and underlying technology, are owned by or licensed to Latente Ltd. except for your User Content and third-party materials.

You may not copy, modify, distribute, reverse engineer, scrape, reproduce, frame or exploit any part of the Service except as permitted by law or with our prior written consent.

14. Privacy and data protection

Our collection and use of personal data is described in our Privacy Policy and Cookies Policy.

By using the Service, you acknowledge that:

• we and our service providers may process your personal data in order to operate the Service;
• uploaded images may contain personal data and, in some cases, sensitive or incidental information;
• we may share the minimum data necessary with third-party processors and providers in order to store, print, fulfil, deliver, communicate, secure and support the Service; and
• we do not use your uploaded photos to train generative AI or machine learning models.

15. Availability, changes and discontinuation

We may change, suspend, withdraw or discontinue any part of the Service at any time, with or without notice, where reasonably necessary for maintenance, upgrades, security, legal compliance, abuse prevention, or business reasons.

We do not guarantee that the Service will always be available, uninterrupted, secure, or error-free.

16. Suspension and termination

We may suspend, restrict or terminate your access to the Service, cancel orders, or refuse future use where:

• you breach these Terms;
• we are required to do so by law or by a service provider;
• we reasonably suspect fraud, illegal activity or abuse;
• your use creates risk for us or others; or
• continuing to provide the Service is no longer commercially or operationally feasible.

You may stop using the Service at any time.

17. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any mandatory consumer rights under applicable law.

Subject to the above:

• the Service is provided on an “as is” and “as available” basis;
• we are not liable for indirect, incidental, special, consequential or punitive losses, or for loss of profits, goodwill, business opportunity or anticipated savings;
• we are not liable for loss of data or content that you have failed to download or otherwise preserve during the access period; and
• our total aggregate liability arising out of or in connection with an affected roll, order or claim will not exceed the amount you paid us for that affected roll or order.

18. Third-party services

The Service may rely on or link to third-party sites, tools, platforms or processors. We are not responsible for third-party services, websites, or policies except as required by law.

Your use of third-party services may also be subject to their own terms and privacy policies.

19. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, unless mandatory consumer protection laws in your place of residence require otherwise.

The courts of England and Wales will have exclusive jurisdiction, except where applicable consumer law gives you the right to bring proceedings elsewhere.

20. Contact

Questions, cancellation requests, complaints and legal notices should be sent to:

Latente Ltd.
81 Eton Rise, London NW3 2DA
United Kingdom
[email protected]