Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") govern your access to and use of Foto (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2. The Service

Foto is a platform for photography studios to upload event galleries and deliver photos and videos to guests, using AI face matching so each guest can find the photos they appear in. We may add, change, or remove features over time.

3. Accounts

• You must provide accurate information when creating an account and keep it up to date.
• You are responsible for safeguarding your login credentials and for all activity under your account.
• Studio accounts may require verification before they can be fully used. We may decline, suspend, or remove accounts that fail verification or violate these Terms.
• You must be able to form a binding contract to use the Service.

4. Your content and permissions

You retain ownership of the photos, videos, and other content you upload (“Your Content”). You are responsible for Your Content and for having all rights and permissions needed to upload, process, and share it.

Importantly, because the Service performs face recognition, you confirm that you have obtained any consents required by law from the individuals appearing in Your Content for their images and face data to be processed for photo matching.

You grant us a limited licence to host, store, process, and display Your Content solely to operate and provide the Service to you and the guests you share galleries with.

5. Acceptable use

You agree not to:

• Upload content you do not have the rights to, or that is unlawful, infringing, or harmful.
• Use the Service to violate the privacy or biometric rights of any person.
• Attempt to access accounts, data, or systems you are not authorised to access.
• Interfere with, disrupt, or place undue load on the Service or its infrastructure.
• Reverse engineer, resell, or misuse the Service except as permitted by these Terms.

6. Plans, billing, and limits

Paid plans are billed on a recurring basis through our payment provider. Each plan includes limits, such as the number of photos and face scans, described at sign-up and on your usage page.

• Subscriptions renew automatically until cancelled. You can manage or cancel your plan from your account settings.
• Fees are charged in advance and, except where required by law, are non-refundable.
• We may change plan pricing or limits with reasonable notice. If you exceed a plan limit, some features may be paused until you upgrade or reduce usage.

7. Intellectual property

The Service, including its software, design, and branding, is owned by Foto and protected by intellectual property laws. These Terms do not grant you any rights in our intellectual property except the limited right to use the Service.

8. Third-party services

The Service relies on third-party providers (for example, for storage, face recognition, and payments). Your use of the Service may also be subject to those providers' terms. We are not responsible for third-party services we do not control.

9. Termination

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, fail verification, or where required by law. On termination, your right to use the Service ends, and we may delete Your Content in line with our Privacy Policy.

10. Disclaimers

The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, or that face matching will be perfectly accurate.

11. Limitation of liability

To the maximum extent permitted by law, Foto will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the Service. Our total liability for any claim relating to the Service will not exceed the amount you paid us in the twelve months before the claim.

12. Indemnity

You agree to indemnify and hold us harmless from claims, damages, and expenses arising out of Your Content, your use of the Service, or your breach of these Terms — including claims that Your Content or your processing of face data infringed someone's rights.

13. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the date at the top of this page. Continued use of the Service after changes take effect means you accept the updated Terms.

14. Governing law

These Terms are governed by the laws of the jurisdiction in which the Company is established, without regard to conflict-of-law rules. Disputes will be subject to the courts of that jurisdiction, unless applicable law requires otherwise.