Terms of Service

You must be at least 16 years of age to use the Service. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. Notify us immediately at legal@fotante.com if you suspect unauthorised access.

You may not create accounts by automated means, use false identities, or create multiple accounts to circumvent usage limits. We reserve the right to terminate accounts that violate these Terms.

You retain full ownership of all photos, videos, and other content you upload to Fotante ("Your Content"). By uploading content, you grant Fotante a limited, non-exclusive, worldwide licence to host, store, display, and process Your Content solely to provide and improve the Service.

You represent and warrant that: (a) you own or have the necessary rights to Your Content; (b) Your Content does not violate the intellectual property, privacy, or other rights of any third party; and (c) Your Content does not violate any applicable law.

We do not sell Your Content to third parties, train AI models on Your Content without your explicit consent, or share Your Content beyond what is necessary to operate the Service.

You agree not to use the Service to:

• Upload content that is illegal, harmful, threatening, abusive, defamatory, or that infringes intellectual property rights
• Upload, store, or distribute Child Sexual Abuse Material (CSAM) or any content that sexually exploits minors — this is an absolute prohibition and will result in immediate account termination and reporting to NCMEC and relevant law enforcement authorities
• Circumvent, disable, or interfere with security features of the Service
• Attempt to gain unauthorised access to other users' accounts or our systems
• Use automated scripts or bots to scrape, crawl, or extract data from the Service without our written consent
• Resell, sublicense, or commercially exploit the Service without our prior written consent
• Upload content that contains malware, viruses, or other malicious code
• Use the API or developer tools to build products or services that compete directly with Fotante

Fotante offers a free tier and paid plans ("Plus", "Pro", and "Team"). Paid plans are billed monthly or annually. All prices are in USD and exclusive of applicable taxes unless stated otherwise.

You authorise us to charge your payment method on a recurring basis. Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period. You may cancel at any time through your Account Settings; cancellation takes effect at the end of the paid period.

We do not offer refunds for partial billing periods, except where required by applicable law. If we materially reduce the features of a paid plan, we will provide a pro-rated refund for the remainder of your paid period.

Our Privacy Policy describes how we collect, use, and protect your personal information and is incorporated into these Terms by reference. By using the Service you consent to our data practices as described in the Privacy Policy.

We implement industry-standard security measures including encryption at rest and in transit, access controls, and regular security audits. However, no method of electronic storage is 100% secure and we cannot guarantee absolute security.

When you create a secure export or shared trip link, you remain responsible for the content shared and for managing access appropriately. PINs you create for secure exports are hashed and not recoverable by Fotante staff. Do not share PIN-protected links with untrusted parties.

Watermarks applied to preview exports are part of the Service's content protection system. Removing or circumventing watermarks by any means is a violation of these Terms and may constitute a violation of applicable copyright law.

The Service, including its software, design, trademarks, and documentation, is owned by Fotante Inc. and protected by intellectual property laws. Nothing in these Terms grants you a right to use our trademarks, logos, or brand assets without our prior written consent.

We welcome feedback and suggestions. Any feedback you provide may be used by us without restriction and without obligation to you.

The Service integrates with third-party services including Google OAuth, Apple Sign-In, AWS S3, and Typesense. Your use of those services is governed by their respective terms of service and privacy policies. We are not responsible for the practices of third-party providers.

You may close your account at any time from Account Settings. Upon closure, we will initiate deletion of Your Content within 30 days, subject to retention obligations required by law. You may download your content at any time before closing your account.

We may suspend or terminate your account immediately, without prior notice or liability, if you breach these Terms, engage in fraudulent activity, or if your use poses a security risk to the Service or other users.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, Fotante Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or business interruption, arising from your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law principles. Any disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property disputes.

You waive any right to participate in a class-action lawsuit or class-wide arbitration against Fotante.

Fotante has a zero-tolerance policy for Child Sexual Abuse Material (CSAM) and content that sexually exploits minors. We implement the following measures:

• Hash-matching scanning: Uploaded content is checked against known CSAM hash databases maintained by NCMEC (the National Center for Missing and Exploited Children) and other recognised authorities. Matching content is blocked from upload and reported immediately.
• Automated detection: We use AI-based classifiers to detect potentially illegal content involving minors. Flagged content is reviewed by trained staff and, where confirmed, reported to NCMEC's CyberTipline as required by 18 U.S.C. § 2258A.
• Account termination: Any account found to be storing or distributing CSAM is immediately and permanently terminated. User data related to such violations is preserved and provided to law enforcement upon lawful request.
• No safe harbours: There are no circumstances under which CSAM is permitted on the Service, including claimed research, artistic, or archival purposes.

To report suspected CSAM or illegal content, contact trust@fotante.com or file a report directly with NCMEC's CyberTipline.

Pro and Team plan subscribers may access the Fotante REST API and CLI tools under these additional terms:

• API access is granted for personal use, internal business tooling, and third-party integrations that enhance your use of Fotante. Building competing products or services using the API is prohibited.
• Rate limits apply per plan tier. Exceeding rate limits may result in temporary throttling. Contact us for volume or enterprise API arrangements.
• API keys are personal credentials. Do not share API keys or commit them to public repositories. You are responsible for all API activity under your keys.
• We may deprecate or change API endpoints with 60 days' notice for breaking changes. Non-breaking additions may be made without notice.
• API usage is subject to our fair use policy. Excessive automated processing that degrades service quality for other users may be throttled or suspended.

We may update these Terms periodically. We will notify you of material changes by email or by displaying a prominent notice in the Service. Your continued use after changes become effective constitutes acceptance of the updated Terms. If you do not agree with changes, you may close your account before the effective date.

For questions about these Terms, contact us at: