Fotia Terms of Service

1. Acceptance of Terms

By creating an account or using Fotia, you confirm that:

• You are at least 16 years old or have parental consent to use the Service.
• You have the legal capacity to enter into a binding agreement.
• You will comply with all applicable laws and regulations.
• All information you provide is accurate, current, and complete.

2. Account Registration and Security

A. Account Creation

To access certain features of Fotia, you must create an account. You agree to provide accurate information and keep your account details up to date.

B. Account Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You must notify us immediately of any unauthorized access or security breach.
• Fotia is not liable for any loss or damage arising from unauthorized account access.
• You may not share your account with others or create multiple accounts.

C. Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason at our sole discretion.

3. User Content and Responsibilities

A. Content Ownership

You retain ownership of all photos, videos, and other content you upload to Fotia ("User Content"). However, by uploading User Content, you grant Fotia a worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute your content as necessary to provide and improve the Service.

B. Content Standards

You agree not to upload or share content that:

• Violates any local, state, national, or international law.
• Infringes on intellectual property rights, privacy rights, or publicity rights of others.
• Contains nudity, pornography, or sexually explicit material.
• Promotes violence, hatred, discrimination, or harassment.
• Contains malware, viruses, or any harmful code.
• Impersonates another person or entity.
• Is false, misleading, or fraudulent.

C. Content Removal

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice. We are not obligated to monitor User Content but may do so at our discretion.

4. Facial Recognition and Biometric Data

Fotia may use facial recognition technology to identify and tag individuals in photos. By using the Service:

• You consent to the collection and processing of facial recognition data as described in our Privacy Policy.
• You represent that you have obtained necessary consent from individuals whose faces appear in photos you upload.
• You acknowledge that facial recognition may not be 100% accurate.
• You can opt-out of facial recognition features through your account settings.

Fotia complies with applicable biometric privacy laws, including but not limited to Illinois Biometric Information Privacy Act (BIPA) and similar regulations.

5. Event Organization and Participation

A. Event Organizers

If you create or organize an event:

• You are responsible for all event details, participant management, and content moderation.
• You must have the right to upload and share all event-related content.
• You must comply with all applicable laws regarding event organization and participant privacy.
• You are liable for any disputes, injuries, or damages arising from your event.

B. Event Participants

If you join an event:

• You consent to photos and videos being taken and shared within the event gallery.
• You agree that event organizers may set specific rules and privacy settings for the event.
• You understand that content may be shared with other event participants.
• You may request removal of your photos through the event organizer or Fotia support.

6. Intellectual Property Rights

A. Fotia's Intellectual Property

All rights, title, and interest in Fotia's Service, including the app, website, software, logos, trademarks, and technology, are owned by Fotia, Inc. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

B. Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact us at info@fotia.io with:

• A description of the copyrighted work.
• The location of the infringing content on Fotia.
• Your contact information.
• A statement of good faith belief that the use is unauthorized.
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner.

7. Payment and Subscriptions

A. Free and Paid Services

Fotia offers both free and paid subscription plans. Paid features may include additional storage, advanced recognition features, and premium event tools.

B. Billing

• Subscription fees are billed in advance on a recurring basis (monthly or annually).
• You authorize us to charge your payment method for all applicable fees.
• Prices are subject to change with 30 days' notice.
• All fees are non-refundable except as required by law.

C. Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

8. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws.
• Interfere with or disrupt the Service or servers/networks connected to the Service.
• Attempt to gain unauthorized access to any portion of the Service.
• Use automated systems (bots, scrapers, crawlers) to access the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Collect or harvest any personally identifiable information from the Service.
• Transmit spam, chain letters, or other unsolicited communications.
• Impersonate Fotia, our employees, or other users.
• Engage in any activity that could harm or disparage Fotia.

9. Third-Party Services and Links

Fotia may integrate with or link to third-party services, websites, or applications. We are not responsible for:

• The content, privacy practices, or terms of any third-party services.
• Any damage or loss caused by your use of third-party services.
• Any transactions you conduct with third parties.

Your use of third-party services is at your own risk and subject to their respective terms and conditions.

10. Disclaimers and Limitations of Liability

A. Service "As Is"

FOTIA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

B. No Guarantee

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy, completeness, or reliability of any content or facial recognition features.

C. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FOTIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO FOTIA IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless Fotia, Inc., its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Your User Content.

12. Dispute Resolution and Arbitration

A. Informal Resolution

Before filing a claim, you agree to contact us at info@fotia.io to attempt to resolve the dispute informally.

B. Binding Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. Arbitration shall take place in Delaware, USA.

C. Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of Fotia after changes constitutes acceptance of the modified Terms.

Material changes will be communicated via email or in-app notification at least 30 days before taking effect.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fotia regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

For questions, concerns, or notices regarding these Terms:

Last Updated: October 22, 2025

By using Fotia, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.