Fotify - Terms of Use

1. Acceptance of Terms

Welcome to Fotify (“Fotify,” “we,” “us,” or “our”). By accessing or using our Live Event Photo Sharing & RSVP Management service (the “Service”), you (“User” or “you”) agree to be bound by these Terms of Use (“Terms”). If you disagree with any part of these Terms, you may not access or use the Service.

2. Description of Service

Fotify offers tools for organizing events, collecting RSVPs, and sharing photos in real-time. Event hosts can invite guests, manage responses, and display user-generated content on screens or web pages without requiring app downloads or account creation by guests. Hosts and attendees alike can upload photos to create a collaborative, real-time event album.

We continuously update and improve our Service and may add or remove functionalities. These Terms apply to any updates, new features, releases, or modifications of the Service.

3. User Responsibilities

Event Hosts (Organizers):

• You are responsible for providing accurate event information, including date, time, and location.
• You must ensure all content displayed or shared during the event complies with all applicable laws and privacy regulations.
• You are responsible for moderating user-generated content if you enable moderation tools provided by Fotify.

Guests & Attendees:

• You agree that any photos or content you upload do not infringe on the rights of others (including copyright, privacy, or other proprietary rights).
• You shall not upload any content that is unlawful, harmful, offensive, or violates another party’s rights.
• You understand that no separate account or app is required. By responding to an event invitation or uploading content, you agree to these Terms.

4. Privacy Policy

Our Privacy Policy explains how we collect, use, and share information about you. By using the Service, you acknowledge that you have read and agreed to our Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

5. RSVP Management

Fotify provides RSVP features enabling hosts to send digital invitations, track guest responses, and manage event details (such as plus-ones or dietary requests). Hosts are responsible for ensuring all guest data collected is accurate and processed in accordance with all applicable data protection laws.

6. Payment and Subscription Plans

Certain Fotify features may be subject to paid plans, either via one-time fees (e.g., special event packages) or recurring subscriptions. By selecting a paid plan, you agree to pay the applicable fees and any associated taxes for the duration specified.

Auto-Renewal: If your subscription plan is auto-renewed, you authorize us to charge your payment method on file at the end of each subscription term, unless you cancel before the renewal date. You may cancel auto-renewal at any time in your account settings or by contacting our support team.

Refund Policy: We adhere to our Refund Policy for both subscription-based and single-event services. Please review the Refund Policy to understand eligibility requirements and the process for requesting a refund.

7. Refund Policy

Our Refund Policy outlines your rights and responsibilities concerning refunds. By using or purchasing Fotify services, you agree to adhere to this policy. If you have any questions about refunds, please contact us at hello@fotify.app.

8. Content Ownership and Moderation

You retain ownership of any photos or content you upload to Fotify. However, by uploading such content, you grant Fotify a worldwide, non-exclusive, royalty-free license to store, display, and share it solely for the purpose of providing the Service.

Hosts may enable moderation tools to approve photos before they appear publicly. Fotify is not responsible for enforcing content standards on your behalf; we only provide the functionality to allow you to do so.

9. DMCA / Copyright Infringement Policy

If you believe that any content on the Service infringes your copyright, please provide a notice containing:

• Your contact information (name, email, phone number)
• A description of the copyrighted work you believe has been infringed
• The URL or location of the allegedly infringing content on our Service
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf

Upon receipt of a valid notice, Fotify will remove or disable access to the allegedly infringing content and notify the user responsible for its upload.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FOTIFY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE. FOTIFY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Fotify and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees) arising out of or related to: (i) your use of and access to the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (iv) any claim that your content caused damage to a third party. This indemnification obligation survives the termination of these Terms and your use of the Service.

12. Force Majeure

Fotify will not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

13. Changes to the Service

Fotify reserves the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any modifications, suspension, or discontinuance of the Service.

14. Changes to Terms

We reserve the right to modify these Terms at any time. In the event of material changes, we will update the “Last Updated” date at the top of this page. Your continued use of the Service following any changes constitutes acceptance of those changes.

15. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason including, without limitation, breach of these Terms. Upon termination, your right to use the Service ceases immediately. We reserve the right to remove or delete any user content at our sole discretion at any time.

16. Limitation of Liability

IN NO EVENT SHALL FOTIFY, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions.

18. Contact Us

If you have any questions about these Terms, please contact us at hello@fotify.app.