LEGAL

Terms of Service

These terms govern your subscription to Fotowall. They form a binding agreement between you (the customer) and the Fotowall entity providing the service. If you are signing on behalf of an organization, you confirm you have authority to bind it.

Last updated: · Effective: May 17, 2026

1. Definitions

"Fotowall," "we," "us," or "our"
The legal entity operating the Fotowall service, currently [FOTOWALL_LEGAL_ENTITY], a [STATE_OF_INCORPORATION] entity. The operating entity may be updated by notice; updates will be reflected on this page.
"Customer," "you," or "your"
The individual or organization that creates a Fotowall account, purchases a subscription, or otherwise accepts these Terms.
"Service"
The Fotowall hosted software application, including the admin dashboard, photo wall display, public galleries, moderation tooling, QR upload flow, APIs, documentation, and any related professional services.
"Customer Content"
All data, photos, captions, names, branding, and other materials that you, your authorized users, or your event guests submit to or through the Service.
"Guest"
An attendee of your event who uploads photos or other content via the Service. Guests are not party to these Terms; their participation is governed by your own event-level notices.
"Order Form"
The online checkout, written quote, or signed order that sets out the subscription tier, term length, fees, and any custom terms applicable to your purchase.
"DPA"
The Fotowall Data Processing Addendum, incorporated by reference into these Terms when applicable law requires it.

2. Acceptance and account creation

By creating a Fotowall account, executing an Order Form, or using the Service, you accept these Terms. If you do not agree, do not use the Service. You must be at least 18 years old and authorized to bind your organization to these Terms.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us at security@fotowall.io promptly upon any suspected compromise.

You may add authorized users (event admins, moderators). You are responsible for their use of the Service. Each authorized user must accept these Terms by virtue of their use.

3. The service

Fotowall is a software-as-a-service application that lets event organizers run a live photo wall: guests upload photos via QR code, organizers moderate, and approved photos display on screens at the venue and in a post-event gallery.

Specific features depend on your subscription tier and Order Form. We may update, enhance, or modify the Service from time to time provided that we do not materially reduce its core functionality during a paid term.

We reserve the right to deprecate beta features and clearly labeled "preview" functionality on notice.

4. Subscription, billing, and cancellation

4.1 Plans and fees

Fotowall is offered on per-event plans and recurring subscription plans (Agency / Enterprise). Fees, billing cadence, and term length are stated on the Order Form or in your account at checkout. All fees are in U.S. dollars unless otherwise noted and are exclusive of applicable taxes, which you are responsible for paying.

4.2 Payment

Payment is due in advance. Per-event plans are charged at booking. Subscription plans are charged at the start of each term and auto-renew for successive periods equal to the initial term unless either party gives notice of non-renewal at least 30 days before the renewal date.

4.3 Late payment

Past-due amounts accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. We may suspend the Service for accounts more than 15 days past due upon notice; we will not delete data during a suspension.

4.4 Cancellation and refunds

For per-event plans:

  • Full refund if you cancel more than 14 days before the event date.
  • 50% refund if you cancel within 14 days of the event date.
  • No refund after the event date, except where we materially failed to deliver the Service. In those cases we will work in good faith to make it right (service credit, re-run, or partial refund).

For subscription plans, fees are non-refundable except as expressly stated in your Order Form or required by law. You may cancel renewal at any time via the dashboard or by emailing billing@fotowall.io.

5. Customer obligations and guest consent

You are responsible for informing your guests that photos uploaded to Fotowall will be displayed publicly on your event's wall and in the post-event gallery. We provide sample signage, moderation tools, and a public photo removal request flow as guardrails, but the duty to obtain meaningful guest notice and consent at the venue rests with you, the event organizer.

Specifically, you agree to:

  • Post clear signage at the venue (we provide templates) explaining that photos may be displayed publicly.
  • Brief your staff and emcees on the upload flow and opt-out path.
  • Honor takedown requests routed to your event admin queue within a commercially reasonable time.
  • Comply with all applicable laws, including privacy, image-rights, and minors-protection laws in your jurisdiction.
  • Maintain lawful basis (under GDPR, CCPA, or equivalent) for processing guest content via the Service.

You are the controller of guest-supplied content for privacy-law purposes; Fotowall acts as a processor. See the DPA for details.

6. Acceptable use

You will not, and will not permit any user or guest, to use the Service to:

  • Upload, store, display, or transmit content that is illegal, infringing, defamatory, obscene, sexually exploitative (especially involving minors), harassing, hateful, threatening, or that incites violence.
  • Violate intellectual property, publicity, or privacy rights of any person.
  • Distribute malware, run automated scrapers, or interfere with the Service's security or integrity.
  • Reverse engineer, decompile, or attempt to extract source code, except as expressly permitted by law.
  • Resell, sublicense, or white-label the Service without a written reseller or partner agreement.
  • Use the Service to build a competing product.
  • Bypass usage limits, rate limits, or technical access controls.

We may suspend or terminate accounts that violate this section, or remove specific content, with or without notice depending on the severity. Where practical we will give notice and a cure period.

7. Customer Content and intellectual property

You retain all rights, title, and interest in and to Customer Content. You grant Fotowall a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, display, format, and create derivative works of Customer Content solely to the extent necessary to provide the Service to you (including via sub-processors), and to enforce these Terms.

You represent and warrant that you have all rights, consents, and legal bases necessary to upload Customer Content and grant the license above, and that Customer Content does not infringe any third-party right.

8. Fotowall IP and license to use

Fotowall and our licensors own all right, title, and interest in and to the Service, including all software, designs, trademarks, documentation, and underlying technology. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during your subscription term for your internal business purposes.

Feedback you provide may be used by us without restriction or compensation. Aggregated, de-identified usage data may be used to operate, secure, and improve the Service.

9. Privacy and data processing

Our handling of personal data is described in our Privacy Policy. To the extent we process personal data on your behalf, the DPA applies and is incorporated by reference. A current list of sub-processors is maintained at /subprocessors.

Each party will comply with applicable data protection laws including, where applicable, GDPR, UK GDPR, the California Consumer Privacy Act (as amended by the CPRA), and equivalent laws.

10. Confidentiality

"Confidential Information" means non-public business information disclosed by one party to the other that is marked confidential or that a reasonable recipient would understand to be confidential. The Service itself, including pricing and non-public roadmap, is our Confidential Information; Customer Content is yours.

Each party will protect the other's Confidential Information with the same care it uses for its own (no less than a reasonable standard), use it only to perform under these Terms, and disclose it only to personnel and contractors bound by confidentiality obligations no less protective than these. Disclosures compelled by law are permitted with prior notice where lawful.

11. Warranties and disclaimers

Each party warrants that it has the authority to enter into these Terms. Fotowall warrants that the Service will perform materially in accordance with the documentation during your paid subscription term; your exclusive remedy for breach of this warranty is the service-credit or refund process described in Section 4.4.

EXCEPT AS EXPRESSLY STATED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FOTOWALL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS.

Live events have a lot of moving parts. We recommend you maintain a basic on-site contingency plan with your AV team — a laptop with a local cache of approved photos, or a "we'll catch up later" sign — so no single dependency tanks the night.

12. Indemnification

By you. You will defend, indemnify, and hold harmless Fotowall from any third-party claim arising out of (a) Customer Content, (b) your or a guest's violation of these Terms or applicable law, or (c) your failure to obtain required guest notice or consent.

By Fotowall. We will defend, indemnify, and hold you harmless against any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual property rights. If such a claim is made or appears likely, we may modify the Service, obtain a license, or refund prepaid fees for the impacted period as our sole liability.

Indemnification is conditioned on: prompt notice, reasonable cooperation, and sole control of defense and settlement by the indemnifying party (no settlement that admits fault or imposes injunctive relief without consent).

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES YOU PAID OR OWED TO FOTOWALL IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations in this section do not apply to: (a) your payment obligations; (b) either party's indemnification obligations; (c) your breach of Section 6 (Acceptable Use), Section 7 (Customer Content warranties), or Section 8 (Fotowall IP); or (d) liability that cannot be limited under applicable law (e.g., fraud, gross negligence, willful misconduct, personal injury).

14. Term and termination

These Terms apply for as long as you use the Service, plus any tail provisions that by their nature survive. Either party may terminate for material breach with 30 days' written notice and an opportunity to cure. We may suspend or terminate immediately for (a) non-payment past the cure period in Section 4.3, (b) violation of Section 6, or (c) imminent legal or security risk.

Effect of termination. Subscriptions end at the next renewal date (per-event plans end after the event). Within 30 days after termination we will provide a one-time data export upon written request, then delete or anonymize Customer Content per our DPA and Section 6 of our Privacy Policy, subject to legal retention obligations (audit logs, tax records).

Survival. Sections 7 (your IP), 8 (our IP), 10 (Confidentiality), 11 (Warranty disclaimers), 12 (Indemnification), 13 (Liability), 14 (this section), 15, 17, and 18 survive termination.

15. Dispute resolution and governing law

These Terms are governed by the laws of the State of [GOVERNING_STATE], United States, without regard to its conflict-of-laws rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing any formal action, the parties will attempt in good faith to resolve disputes by senior-management discussion for at least 30 days following written notice describing the dispute.

Forum. Any unresolved dispute will be brought exclusively in the state or federal courts located in [VENUE_COUNTY, STATE], and each party submits to the personal jurisdiction of those courts. The prevailing party is entitled to recover reasonable attorneys' fees.

Arbitration (optional, by Order Form). Where the Order Form selects arbitration, disputes will be resolved by binding arbitration administered by JAMS under its Streamlined Rules, seated in [ARBITRATION_VENUE]. Each party waives any right to a jury trial and to participate in a class or representative action. Tradeoff: arbitration is typically faster and confidential, but limits appeal rights and class relief. Consider with counsel.

Equitable relief. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information.

16. Modifications

We may update these Terms from time to time. For material changes affecting your rights, we will notify you by email (to your account contact) and post the updated version here at least 30 days before the effective date. Non-material changes (clarifications, formatting, sub-processor list updates) may take effect on posting. Continued use of the Service after the effective date constitutes acceptance; if you do not accept, your remedy is to cancel before the effective date.

17. General provisions

  • Assignment. You may not assign these Terms without our prior written consent, except to a successor in a merger, acquisition, or sale of substantially all assets, provided the successor is not a competitor and assumes all obligations. We may assign on notice.
  • Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, or agency.
  • Force majeure. Neither party is liable for delays or failures due to causes beyond reasonable control (natural disasters, war, civil unrest, internet or upstream-provider outages, government action, pandemic).
  • Notices. Notices to Fotowall: legal@fotowall.io. Notices to you: the account contact email on file.
  • Severability. If a provision is held unenforceable, the remainder remains in effect; the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. A party's failure to enforce a provision is not a waiver of the right to enforce it later.
  • Entire agreement. These Terms, the Order Form, the DPA (if applicable), and any policies incorporated by reference are the entire agreement and supersede all prior agreements on the subject. Pre-printed terms on a purchase order are rejected.
  • U.S. government end-users. The Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202; rights granted are those expressly set out here.
  • Export. You will comply with all U.S. and applicable export, sanctions, and anti-corruption laws.

18. Contact

Procurement teams: visit our Trust Center for the security overview, DPA, sub-processor list, and a downloadable evidence pack.