Terms of Service

1. The agreement

These terms are between Notliss LLC (“we”, “us”) and the person or business that creates a Fotova account (“you”, the “operator”). Creating an account or using the software means accepting them. If you are accepting on behalf of a company, you are confirming you can bind it.

Fotova is business software. It is not offered to consumers, and an account holder must be at least 18.

2. Your account

Keep your sign-in credentials to yourself and tell us promptly if you think someone else has them. You are responsible for what happens under your account, including on any iPad you have provisioned to it. Each plan allows a set number of devices; you can revoke a device at any time from your account, and you should do so if one is lost or sold.

3. Plans, billing, and renewals

Plans and prices are shown on the pricing page and are charged through Stripe. By subscribing you authorize us to charge your payment method on a recurring basis until you cancel.

• Renewal. Subscriptions renew automatically at the end of each billing period — monthly or yearly, whichever you chose — at the then-current price for your plan.
• Upgrades take effect immediately and are invoiced immediately, prorated for the remainder of the period.
• Downgrades and switches from yearly to monthly take effect at the end of the current period, not immediately. You keep what you are paying for until the period you have paid for is over. Your account page shows any scheduled change before it happens.
• Cancellation. You can cancel at any time from your account. The subscription runs to the end of the paid period and then stops; we do not refund the unused part of a period unless the law requires it or we have said otherwise in writing.
• Failed payments. If a charge fails we will retry and contact you. If it stays unpaid, the account reverts to the Free plan — which means your output starts carrying the Fotova mark again and paid capabilities stop.
• Price changes. We may change prices, but not in the middle of a period you have already paid for. We will give at least 30 days’ notice by email before a change affects your renewal, and you can cancel before it takes effect.

Prices exclude taxes unless stated. Where we are required to collect sales tax, it is added at checkout.

4. The Free plan

The Free plan is a real, usable plan rather than a trial: there is no session limit and no expiry. Output produced on it carries a small Fotova mark, it is limited to one device, and guest media is kept for 30 days. We may change what the Free plan includes, with notice.

5. What you are responsible for at your events

You are responsible for:

• Telling guests what is being captured and what will happen to it, and obtaining any consent your event, your venue, your client contract, or your jurisdiction requires — including for children, and including anywhere with specific rules about images of people.
• Any contact details a guest gives at your booth, and any use you make of them afterwards. If you use lead capture, you are asking for that information on your own behalf and your own privacy notice applies.
• The content you put into templates — logos, artwork, fonts, and branding — and having the rights to use it.
• Responding to guests who want their photos removed. You can delete any session from your account.

For guest photographs you are the data controller and we are your service provider. Section 6 sets those terms out.

6. Data processing

This section governs personal information you make available to us through Fotova — principally photographs of your guests, and any phone number or email address a guest enters at your booth. It replaces the separate data processing addendum some vendors offer; there is nothing extra to sign.

6.1 Roles

You are the business and the controller of your guests’ personal information. You chose to run the booth and you decided what it captures. We act as your service provider, holding and moving that information because your use of the software directs us to.

6.2 What we will and will not do with it

We process it only to provide Fotova to you. Specifically, we:

• do not sell it, and do not share it for cross-context behavioral advertising;
• do not retain, use, or disclose it for any purpose other than performing this agreement — including not using it to promote Fotova, and not using it to train machine learning models;
• do not combine it with personal information from any other source, except as permitted for a service provider;
• limit access to people who need it to run or support the service, each under a confidentiality obligation.

We will tell you if we determine we can no longer meet these obligations. You may take reasonable steps to confirm we are meeting them, and to stop and remediate any unauthorised use.

6.3 Service providers we use

We rely on a small number of providers — for hosting, storage, sign-in, payments, and message delivery — each bound to process data only on our instructions. They are listed by name, purpose, and the data they handle in the Privacy Policy, which we update before a new one starts handling personal information.

6.4 Security and incidents

We maintain safeguards appropriate to the risk, described in the Privacy Policy. If we become aware of a security incident affecting your guests’ personal information, we will notify you without undue delay and give you what we know about it. Deciding whether to notify your guests or a regulator is yours to make as the business; we will support you in making it.

6.5 Deletion

Guest media is deleted automatically at the end of your plan’s retention window, and you can delete any session immediately from your account. When your account closes we delete the personal information we hold for you, except what we must keep by law.

6.6 Your obligations as the business

You are responsible for having a lawful basis to photograph your guests, for telling them what is happening, and for obtaining any consent your event or state requires. The software cannot do this for you, and we do not verify that you have.

7. Acceptable use

Do not use Fotova to:

• capture images of people without their knowledge, or in a place where they would reasonably expect privacy;
• produce or distribute content that is unlawful, harassing, or sexually exploitative — of anyone, and never of a minor;
• send messages to people who did not ask for them at your booth, or otherwise use the delivery features for marketing;
• resell, sublicense, or white-label the software itself, or remove or obscure the Fotova mark on a plan that includes it;
• probe or interfere with our systems, or work around the limits of your plan.

We may suspend an account that is doing any of these, and will tell you why. Where the risk allows it, we will ask you to fix it first.

8. Your content, and ours

Photographs taken at your events, and the templates and branding you create, are yours. We claim no ownership. You grant us only the permission needed to run the service — storing the media, composing it, and delivering it to the guests you direct it to — and that permission ends when the content does.

The software, the Fotova name, and the mark remain ours. Nothing here transfers them.

We will not use your guests’ photographs to promote Fotova, or for any purpose other than running the service for you, unless you ask us to in writing.

9. Availability

Capture, effects, strip assembly, and printing run on the iPad and keep working without a network — that is deliberate, and it is why a venue with bad Wi-Fi does not stop a booth. Delivery, the gallery, and account management need our servers, and those can be interrupted by maintenance or by failures at a provider. We do not promise uninterrupted service and we do not currently offer a service-level agreement.

10. Data deletion and retention

Guest media is deleted automatically at the end of your plan’s retention window. Keep your own copies of anything you need beyond it — the app saves to the iPad, and you can download from your account. We are not a backup service and do not guarantee recovery of anything past its window. Details are in the Privacy Policy.

11. Disclaimers

To the extent the law allows, Fotova is provided “as is”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that it will be error-free, or that it will work with every printer, camera, or venue network.

12. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data. Our total liability arising out of this agreement is limited to the amount you paid us in the 12 months before the claim arose.

Nothing here limits liability that cannot be limited by law — including for fraud, or for death or personal injury caused by negligence.

13. Indemnity

You will defend and indemnify us against claims arising from your events — including claims by a guest or a client about images captured, consent not obtained, or content you supplied — except to the extent the claim arises from our own breach of this agreement.

14. Ending the agreement

You may close your account at any time. We may end this agreement on 30 days’ notice, or immediately if you materially breach it and do not fix the breach after being asked. When it ends, your access stops and your data is deleted per the retention terms above.

15. Changes to these terms

We may update these terms. For material changes we will give at least 30 days’ notice by email before they apply to you, and continuing to use Fotova after that means accepting them. If you do not, cancel before they take effect.

16. Governing law and where we operate

Fotova is offered in the United States only. It is not directed at, and we do not currently support, operators or events subject to European or UK data protection law — we do not offer the contractual terms those regimes require, and we would rather say so than imply a compliance posture we do not have. If your events fall under them, contact us before subscribing.

This agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws rules, and the courts there have exclusive jurisdiction.

17. Contact

General and billing questions: [email protected]. Security reports: [email protected] — please tell us before disclosing publicly, and we will not pursue good-faith research.

Notliss LLC
319 Ukiah St, Lewisville, TX 75056