Fotify - Terms of Use

1. Acceptance of Terms

Welcome to Fotify, a service operated by Lumenlio, LLC (a Delaware limited liability company) (“Fotify,” “we,” “us,” or “our”). By accessing or using our Live Event Photo Sharing and 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 can upload photos to create a collaborative, real-time event album.

We continuously update and improve the 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):

• Provide accurate event information (date, time, location).
• Ensure all displayed or shared content complies with applicable laws and privacy regulations.
• Use the moderation tools responsibly if you enable them.

Guests and Attendees:

• Upload only content you have rights to share and that does not infringe third-party rights.
• Do not upload unlawful, harmful, or offensive content.
• No separate account or app is required. By responding to an 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, which is incorporated into these Terms by reference.

4A. Data Protection and GDPR Compliance

If you are located in the European Economic Area (EEA), the United Kingdom, or handle data from individuals in these regions, the General Data Protection Regulation (GDPR) and similar laws apply.

• Roles: Event Hosts act as data “controllers” and determine the purposes and means of processing guest data. Fotify acts as a data “processor” and processes personal data on behalf of Hosts in accordance with their instructions and these Terms.
• Data Processing: We process personal data on behalf of Event Hosts in accordance with applicable data protection laws.
• Data Subject Rights: Individuals may request access, correction, deletion, portability, or restriction of their personal data and may object to certain processing. Requests can be sent to the Event Host or to Fotify at hello@fotify.app. We will respond within applicable statutory timeframes.
• Third Parties: We use trusted third parties (for example hosting, CDN, storage, analytics, and AI moderation providers) to deliver the Service.
• International Transfers: When personal data is transferred outside the EEA or UK, we implement appropriate safeguards such as Standard Contractual Clauses or the EU–US Data Privacy Framework where applicable.
• Retention: Personal data is retained only as long as necessary to provide the Service, comply with legal obligations, or resolve disputes. Event photos may be deleted after the event ends unless the Host enables archival features.
• Consent for Photos: Hosts are responsible for obtaining all necessary permissions and consents from guests to upload and share their images via the Service, including any disclosures required by law.
• EU Representative: Where required by law, Fotify will designate an EU or UK representative and disclose contact details in the Privacy Policy.

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 applicable data protection laws.

6. Payment and Subscription Plans

Certain Fotify features may be subject to paid plans, either via one-time fees (for example 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 auto-renews, you authorize us to charge your payment method on file at the end of each term unless you cancel before renewal. You may cancel auto-renewal in your account settings or by contacting support.

Pricing Changes: We may update pricing from time to time with notice. Changes do not affect the current term of an already purchased subscription or event package and will apply at the next renewal or new purchase.

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 refund process.

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 questions, contact hello@fotify.app.

8. Content Ownership and Moderation

You retain ownership of any photos or content you upload to Fotify. 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 provide functionality that allows you to do so.

Image Optimization and Storage: You acknowledge and agree that, for performance and service delivery reasons, photos and other media uploaded to Fotify may be automatically optimized, compressed, or resized. This improves upload speed, enables real-time display during events, and supports efficient storage management. Unless otherwise specified in your plan, original full-resolution files are not retained. Optimized versions are the copies stored and available for use within the Service. Fotify is not liable for differences between uploaded originals and optimized versions stored or displayed by the Service.

AI and Third-Party Moderation: To help maintain a safe and positive experience, Fotify may use automated systems, including artificial intelligence (AI) services provided by third parties, to analyze, classify, or moderate photos and other content uploaded to the Service. These systems may flag or block content that appears to violate our policies or applicable laws. You acknowledge that automated tools are not perfect and may misclassify content, and Fotify does not guarantee that all inappropriate or unlawful content will be identified or removed. Fotify may share uploaded content with trusted third-party moderation providers solely for operating these safety features. Event Hosts can choose automatic moderation (AI-assisted) or switch to manual approval mode where only host-approved photos appear publicly. By using the Service, you consent to the use of AI and third-party moderation services unless you have explicitly chosen manual approval. Final moderation responsibility remains with the Event Host, and Fotify reserves the right to act at its discretion regarding content removal or retention.

9. DMCA / Copyright Infringement Policy

If you believe that 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 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. Children and Age Requirements

The Service is not directed to children under 13 years of age (or the age of digital consent in your jurisdiction). By using the Service, you represent that you meet the applicable age requirement and have the legal capacity to enter into these Terms. Hosts are responsible for obtaining any parental or guardian consent required by law for minors featured in uploaded photos.

11. Disclaimer of Warranties

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

12. 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 any intellectual property or privacy right; or (iv) any claim that your content caused damage to a third party. This obligation survives termination.

13. Service Availability and Maintenance

Fotify does not guarantee continuous availability of the Service. Planned maintenance, technical issues, or outages at our providers may cause temporary interruptions. We will make reasonable efforts to minimize disruptions.

14. Force Majeure

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

15. Changes to the Service

Fotify may 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 such modifications, suspension, or discontinuance.

16. Changes to Terms

We may modify these Terms at any time. For 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.

17. Termination and Content Deletion

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

We may remove or delete user content at our discretion at any time. Following account or event termination, Fotify may delete or anonymize content and personal data, except where retention is required by law or for legitimate business needs (for example fraud prevention or legal compliance). Processes for data deletion are also described in the Privacy Policy.

18. Limitation of Liability

IN NO EVENT SHALL FOTIFY OR LUMENLIO, LLC, NOR THEIR DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING 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; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. THESE LIMITATIONS APPLY 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 IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law rules. You agree that the exclusive venue for any dispute relating to these Terms or the Service will be the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts. If you are a consumer located in the EEA or UK, mandatory consumer protection laws of your country of residence also apply.

20. Contact Us

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