Foto, Inc. — Mobile App Terms of Service

Effective Date: August 18, 2025

These Terms of Service (the “Terms”) govern your use of Foto (the “App”), our website at https://fotoapp.co (the “Site”), and any related services provided by Foto, Inc. (“Foto,” “we,” “us,” or “our”). By creating an account or using Foto, you agree to these Terms and all applicable laws and regulations. If you do not agree, do not use the App, the Site, or our services.

If you access or download the App from: (1) the Apple App Store, you also agree to the Apple Media Services Terms and Conditions and the usage rules contained therein; and/or (2) the Google Play Store, you also agree to the Google Play Terms of Service.

We may update these Terms at our discretion. When we do, we will update the “Last Updated” date and notify you in the App and/or by email to the address associated with your account. Changes take effect upon posting unless otherwise stated.

1. Eligibility; Accounts

You must be able to form a binding contract to use the App. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2. Limitations of Use

By using the App and Site, you warrant on behalf of yourself and any entity you represent that you will not:

  • modify, copy, prepare derivative works of, decompile, or reverse engineer the App or any materials/software contained in the App or on the Site;

  • remove any copyright or proprietary notices from the App or any materials/software contained in the App or on the Site;

  • transfer the App or any associated materials to another person or “mirror” the materials on any other server;

  • knowingly or negligently use the App or services in a way that abuses or disrupts our networks or any other service we provide;

  • use the App or services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • use the App or services in violation of any applicable laws or regulations;

  • use the App to send unauthorized advertising or spam;

  • harvest, collect, or gather user data without consent; or

  • use the App or services in a way that may infringe the privacy, intellectual property, or other rights of third parties.

3. Intellectual Property

All intellectual property in the App, Site, and their materials is owned by or licensed to Foto. Subject to your compliance with these Terms, Foto grants you a limited, non‑exclusive, non‑transferable license to download and use the App on your personal device for your personal, lawful use only. This is a license, not a transfer of title, and it terminates automatically if you violate these Terms or upon notice from Foto.

4. User‑Generated Content

Ownership. You retain all rights to photos, text, and other content you post ("User Content"). We do not claim ownership.

Limited license to run the service. You grant Foto a non‑exclusive, worldwide, royalty‑free, revocable license to host, process, reproduce, and display your User Content solely to operate and provide the App and the Site. This includes:

  • displaying your content within the App (e.g., your profile, timelines/feeds, search/discovery, etc);

  • creating technical copies and adaptations needed for the service to work (e.g., thumbnails, transcoding, resizing, caching, backups);

  • delivering your content to the people or services you choose to share it with through the App.

No other uses without your permission. We will not:

  • sell your photos or license them to third parties;

  • use your content outside the App or the Site (for example, in advertisements, merchandise, or external marketing materials);

  • create derivative works for our own commercial purposes beyond the technical adaptations listed above; or

  • use your content to train AI or machine‑learning models without your explicit consent.

We may allow our trusted service providers (e.g., cloud hosts) to process your content only as our processors and only to help us provide the service, and not for their own purposes.

Control and removal. You can delete your content or your account at any time. When you do, we will stop displaying that content and remove it from our active systems within a reasonable time. Residual copies may remain in backups and logs for a limited period, and content previously shared with others may persist on their devices or accounts unless they delete it.

Your responsibilities. You represent that you have the necessary rights to post your User Content and that it doesn’t violate others’ rights or our policies.

5. Automatic Updates

You authorize Foto to deliver, and the App to automatically install, updates, upgrades, or fixes. You may disable automatic updates by removing the App from your device. Some updates may be required to continue using the App.

6. Subscriptions (Auto‑Renewing)

Foto may offer one or more auto‑renewing subscription plans (e.g., Pro, Pro+) (each, a “Subscription”). Plan names, features, and pricing are shown at the point of purchase in the App or on the Site.

6.1 Billing & Renewal. Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the current period ends.

  • Apple App Store purchases: Billed to your Apple Account; Apple handles payment processing, taxes, and receipts.

  • Google Play purchases: Billed to your Google account via Google Play; Google handles payment processing, taxes, and receipts.

  • Billing periods: Monthly, annual, or as stated at purchase.

6.2 Trials & Intro Offers. If offered, free trials or introductory prices apply only for the stated period and may be limited to one per account/Apple ID/Google account. When the trial/intro ends, the Subscription converts to a paid plan and continues to auto‑renew unless canceled.

6.3 Manage or Cancel.

  • iOS (Apple): Manage or cancel in Settings → [your name] → Subscriptions.

  • Android (Google Play): Manage or cancel in Google Play → Payments & subscriptions → Subscriptions.

    Deleting the App does not cancel your Subscription. Cancellation takes effect at the end of the current paid term; you retain access until then.

6.4 Switching Plans. Upgrades, downgrades, or plan changes may take effect immediately or at the next renewal depending on the store’s rules and what is shown at checkout.

6.5 Restore Purchases. If you reinstall the App or switch devices, you can restore eligible in‑app purchases using Restore Purchases while signed into the same store account.

6.6 Price Changes. We may change pricing or features in the future. For Apple App Store subscriptions, Apple will notify you of price changes and may require your consent for certain increases; if consent is required and you do not agree, your Subscription will not renew. We may also provide advance notice in‑App, by email, and/or via the relevant store.

6.7 Taxes & Fees. Prices may include applicable taxes or taxes may be calculated by the app store at checkout. Exchange fees or bank charges (if any) are your responsibility.

6.8 Refunds.

  • If you purchased via the Apple App Store or Google Play, refunds (including prorations) are handled by that store under its policies. Foto cannot issue or override refunds for those purchases.

  • Except where required by law or store policy, all charges are non‑refundable and no credits are provided for partially used periods.

6.9 Account Sharing. Subscriptions are tied to a single Foto account and are not shareable. Family Sharing is not supported.

7. Disclaimers; Liability

The App, Site, and materials are provided “as is”. To the extent permitted by law, Foto disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, accuracy, or reliability. To the maximum extent permitted by law, in no event will Foto or its suppliers be liable for any consequential, indirect, special, incidental, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or business, arising from or related to your use of or inability to use the App, Site, or services—even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations, so some exclusions may not apply to you.

8. Accuracy of Materials

Materials appearing in the App or on the Site are for general information only and may not be complete, accurate, or current. We do not warrant the reliability of such materials or of any linked resources.

9. Links

We have not reviewed all sites linked in the App or on the Site and are not responsible for their content. Inclusion of a link does not imply endorsement or control. Use linked websites at your own risk.

10. Apple App Store (iOS) — Minimum EULA Terms

If you download or access the iOS version of the App, the following minimum terms apply in addition to these Terms and any usage rules in the Apple Media Services Terms and Conditions.

10.1 Acknowledgement. You and Foto acknowledge that these Terms are concluded between you and Foto only, not with Apple, and that Foto—not Apple—is responsible for the App and its content. These Terms do not conflict with the Usage Rules in the Apple Media Services Terms and Conditions.

10.2 Scope of License. Subject to your compliance with these Terms, Foto grants you a limited, non‑transferable license to use the iOS App on any Apple‑branded product that you own or control, consistent with Apple’s Usage Rules.

10.3 Maintenance & Support. Foto is solely responsible for providing any maintenance and support services for the App as required by law. Apple has no obligation to provide maintenance or support.

10.4 Warranty & Refund. Foto is solely responsible for any product warranties, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) paid to Apple for the iOS App; to the maximum extent permitted by law, Apple has no other warranty obligations regarding the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are Foto’s responsibility. For in‑app purchases and subscriptions billed by Apple, refunds are handled under Apple’s policies.

10.5 Product Claims. Foto—not Apple—is responsible for addressing claims by you or third parties relating to the App or your possession or use of it, including: (i) product liability; (ii) failure to conform to legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy, or similar laws.

10.6 Intellectual Property. In the event of any third‑party claim that the App or your possession and use of it infringes intellectual property rights, Foto—not Apple—is solely responsible for the investigation, defense, settlement, and discharge of such claim.

10.7 Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist‑supporting” country and that you are not on any U.S. Government list of prohibited or restricted parties.

10.8 Developer Name & Address. Questions, complaints, or claims regarding the iOS App should be directed to: Foto, Inc., 881 Seven Oaks Blvd #700, Smyrna, Tennessee, United States, 37167, ‪(901) 501-6163‬, help@fotoapp.co.

10.9 Third‑Party Terms. You must comply with any applicable third‑party terms of agreement when using the App (for example, your wireless data service agreement).

10.10 Third‑Party Beneficiary. You and Foto acknowledge and agree that Apple and Apple’s subsidiaries are third‑party beneficiaries of these Terms with respect to your license of the iOS App, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third‑party beneficiary.

11. Google Play Terms (Android)

If you download or access the Android version of the App, your purchase and license are also subject to Google Play Terms of Service and Google Play policies for subscriptions, cancellations, and refunds.

12. Right to Terminate

We may suspend or terminate your account and access to the App or Site immediately upon notice if you breach these Terms or if required for security, legal, or operational reasons.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will remain in full force and effect.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

15. Contact

Foto, Inc.

Email: help@fotoapp.co

Mailing Address: 881 Seven Oaks Blvd #700, Smyrna, Tennessee, United States 37167

Summary (non‑contractual): Subscriptions auto‑renew unless you cancel at least 24 hours before renewal. Manage or cancel in your device account settings (iOS: Settings → [your name] → Subscriptions; Android: Google Play → Payments & subscriptions). Deleting the App doesn’t cancel. For App Store/Google Play purchases, refunds are handled by the store.