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.
• 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 User Content to provide and improve the Service, and for other purposes as described in our Privacy Policy.

B. Content Standards

You agree not to upload or share User 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, in accordance with our Privacy Policy.

5. Event Organization

If you create or organize an event:

• You must have the right to upload and share all event-related content.
• You are responsible for complying with all applicable laws regarding event organization and participant privacy, including obtaining all necessary permits, licenses, consents, or other authorizations.
• You are liable for any disputes, injuries, or damages arising from your event.

If you join or participate in an event using the Services, you understand that others may take photos of you and upload them using the Services in accordance with their own rules or policies, if any. You understand that by joining an event, your photos may be shared with other users in accordance with the privacy settings selected by the event organizer. You agree that Fotia bears no responsibility for any injuries you may experience as a result of others' taking or uploading photos using the Services.

6. Intellectual Property Rights

A. Fotia's Intellectual Property

All intellectual property rights in Fotia's Services, including the app, website, software, logos, marks, and technology, are owned by Fotia, Inc. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law.

B. Reporting 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 within the Services.
• 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 depending on your subscription). By subscribing, you authorize us to charge your payment method for all applicable fees on a recurring basis. 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 except as strictly authorized by law.
• 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"

THE SERVICES ARE 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 Services 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, WE 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 US 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 Services.
• Your violation of these Terms.
• Your violation of any rights of another party.
• Your User Content.

12. Dispute Resolution and Arbitration

A. Informal Resolution

If a dispute arises out of or relates to your use of the Services, you agree to first attempt to resolve the dispute informally through good-faith negotiation with us directly. You agree that you will provide 30 days' written notice of any dispute prior to commencing any legal action against us. We will make good-faith efforts to resolve the dispute in that time.

You may email us at info@fotia.io to attempt to resolve any dispute informally.

B. Binding Arbitration

Any dispute arising from these Terms or the Service not resolved through informal negotiations in the 30-day notice period 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 Philadelphia, Pennsylvania.

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 Pennsylvania, USA, without regard to its conflict of law provisions.

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: November 20, 2025