1. Introduction & Acceptance
Welcome to FotoVoto. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.
We may modify these Terms at any time. We will notify users of any material changes by posting a notice within the app or by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
On Apple iOS: The Apple-licensed Application End User License Agreement ("Apple Standard EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/, also governs your license to use the iOS app. These Terms supplement, and do not replace, the Apple Standard EULA. In any conflict regarding the iOS app license, the Apple Standard EULA prevails.
2. Eligibility & User Accounts
- You must be at least 17 years old to create an account and use the Service.
- To access age-restricted categories, you must complete age verification confirming you are 18 or older where required by local law.
- You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to provide accurate, current information and to keep it up to date.
- One person, one account. Do not impersonate others or create accounts using automated means.
- You may delete your account at any time from Settings → Delete Account.
3. Your Content & License
You retain ownership of the photos, questions, comments, and other content you submit ("User Content"). By submitting User Content, you grant FotoVoto a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for technical purposes such as resizing or formatting), publicly display, and distribute it solely to operate, provide, and improve the Service.
This license ends when you delete the User Content or your account, except for content already shared with other users (such as content embedded in their voting history) and backups retained for the period described in our Privacy Policy.
- We do not sell your photos to third parties.
4. User-Generated Content & Moderation
4.1 Prohibited content and conduct
You agree not to upload, post, share, or solicit content, or engage in conduct that:
- Is sexually explicit, pornographic, or depicts minors in any sexualized manner.
- Promotes violence, terrorism, self-harm, or illegal activity.
- Contains hate speech, harassment, threats, or targeted abuse based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or veteran status.
- Infringes another person's intellectual property, privacy, or publicity rights.
- Is fraudulent, deceptive, or attempts to manipulate voting results.
- Contains personal information of others without their consent.
- Is spam, unsolicited advertising, or malware.
- Involves attempts to hack, disrupt, or scrape the Service, or the use of automated bots.
4.2 Zero-tolerance moderation policy
We do not tolerate objectionable content or abusive users.
- Report. Every user can report any content or user from the in-app report option. Reports are queued for moderation immediately.
- Block. Every user can block any other user. Blocked users' content is removed from your feed instantly, and the block is reported to us for pattern-of-abuse review.
- Action SLA. We act on reports of objectionable content within 24 hours. Confirmed violations result in immediate removal of the content and ejection of the user.
- Repeat or severe violations result in permanent account termination without refund.
4.3 No warranty for User Content
User Content reflects the views of the user who submitted it, not us. We do not endorse User Content and are not responsible for it.
5. In-App Purchases
5.1 Vote packs
The Service offers consumable vote packs purchased through the Apple App Store or Google Play. Vote packs:
- Are digital items used inside the Service to cast premium votes.
- Have no real-world or monetary value and cannot be exchanged for cash, refunded for cash, or transferred between accounts.
- Are consumed when used and are not stored as a balance redeemable outside the Service.
- May be added, removed, or repriced at any time.
5.2 Billing and refunds
All purchases are processed by Apple or Google, not by us. By making a purchase you agree to the payment terms of the applicable platform.
- Apple users: refund requests are handled by Apple at reportaproblem.apple.com.
- Google Play users: refund requests are handled by Google Play.
We have no control over platform refund decisions. Vote packs already consumed are non-refundable to the extent permitted by law.
5.3 Restoring purchases
You can re-sync entitlements at any time from the Store screen. This recovers any unfulfilled transactions but does not restore vote packs that have already been consumed.
6. Apple-Specific Terms (iOS only)
These provisions apply solely to the iOS app and are required by Apple:
- Acknowledgment. These Terms are concluded between you and FotoVoto, not with Apple. Apple is not responsible for the iOS app or its content.
- Scope of license. Your license to use the iOS app is the Apple Standard EULA, supplemented (but not contradicted) by these Terms.
- Maintenance and support. FotoVoto is solely responsible for providing maintenance and support for the iOS app. Apple has no obligation to provide maintenance or support.
- Warranty. FotoVoto is solely responsible for any warranty for the iOS app, express or implied by law, to the extent not effectively disclaimed. If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation.
- Product claims. FotoVoto, not Apple, is responsible for addressing any claims relating to the iOS app or your use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection or privacy law.
- Intellectual property claims. In the event of a third-party claim that the iOS app or your use of it infringes intellectual property rights, FotoVoto, not Apple, is responsible for the investigation, defense, settlement, and discharge of such claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting", and (ii) you are not on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the iOS app, and that Apple has the right to enforce these Terms against you as a third-party beneficiary.
7. Intellectual Property
The Service, its visual design, code, trademarks, and content (excluding User Content) are owned by FotoVoto or its licensors and are protected by intellectual property laws. You receive no rights to them other than the limited license to use the Service granted in these Terms.
If you believe content on the Service infringes your copyright, send a DMCA notice with the information required by 17 U.S.C. § 512(c)(3) to dmca@fotovoto.app.
8. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for violation of these Terms or for behavior that exposes us or other users to risk. Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (Sections 3 last paragraph, 4.3, 5, 7, 8, 9, 10, 11, 12) survive.
9. Disclaimer of Warranties
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions some of the above exclusions may not apply.
10. Limitation of Liability
To the maximum extent permitted by law, FotoVoto and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or related to your use of the Service. Our aggregate liability for any direct damages will not exceed the greater of (a) the amounts you paid us in the 12 months before the claim, or (b) USD 100.
11. Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflicts-of-law principles. Disputes will be resolved exclusively in the courts of England and Wales, except where applicable consumer protection law gives you a non-waivable right to bring claims locally.
12. Contact
For any questions about these Terms:
- Support: support@fotovoto.app
- Legal notices: legal@fotovoto.app
- DMCA: dmca@fotovoto.app
Address: Beachy Technologies Ltd, 128 City Road, London, EC1V 2NX, United Kingdom