Fotny Terms of Service

Introduction

Effective date: March 10, 2025

These Terms of Service ("Terms") are entered into between you and Alpeen Technologies GmbH, a company registered in Switzerland ("Fotny", "we", "us", or "our"), and govern your use of the Fotny application ("App"). By using Fotny, you agree to these Terms. If you do not agree to these Terms, please do not use the App.

Services Provided

Fotny is a versatile platform designed to connect photographers and event organizers, as well as to facilitate the creation of online events where guests can share their photos. Photographers can showcase their portfolios, manage bookings, and interact with clients. Event organizers can browse photographer profiles, request services, manage event-related activities, and host online events where participants can upload and share their photographs.

User Accounts

• Optional Account Creation: While you can use Fotny without creating an account, certain features and services may require you to sign up. If you choose to create an account, you must provide accurate and complete information.
• Eligibility: If you choose to create an account, you must be at least 18 years old. By creating an account, you represent that you meet this age requirement.
• Account Security: If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Please notify us immediately if you suspect any unauthorized use of your account.

User Responsibilities

• Accurate Information: You agree to provide accurate, current, and complete information when creating your account and using the App.
• Compliance with Laws: You agree to use Fotny in compliance with all applicable laws and regulations.
• Prohibited Conduct: You agree not to upload, share, or otherwise make available any content that:
  • Is pornographic or sexually explicit in nature.
  • Constitutes or depicts child sexual abuse material (CSAM) of any kind. Fotny has a strict zero-tolerance policy and will report any such content to the relevant authorities.
  • Depicts or promotes violence, self-harm, or terrorism.
  • Is illegal under applicable Swiss law or the law of the jurisdiction in which you reside.
  • Applies facial recognition or biometric identification to photos of third parties without their explicit, informed consent.
  • Infringes on the intellectual property, privacy, or other rights of any person.
  • Interferes with the operation of Fotny or attempts to gain unauthorized access to the App.

User Content & Photo Rights

By uploading or sharing photos on Fotny, you represent and warrant that you own the photos or hold all necessary rights, licences, and consents to upload and share them. You are solely responsible for ensuring that the content you share does not violate the privacy, intellectual property, or other rights of any third party.

Alpeen Technologies GmbH does not review photos before they are uploaded and accepts no responsibility for any privacy violations, copyright infringements, or other legal issues arising from content uploaded by users. By using Fotny, you grant Alpeen Technologies GmbH a limited, non-exclusive licence to store and display your uploaded content solely for the purpose of operating the App.

Facial Recognition

Fotny offers facial recognition features to help organise and find photos. These features process biometric data and are subject to the following conditions:

• Opt-in consent required: Facial recognition may only be applied to a person's photos with that person's explicit, informed, and freely given consent. You must not use facial recognition features to identify or process photos of third parties without their approval.
• Data retention: All facial recognition data and associated photos are permanently and irreversibly deleted within 90 days of upload. See our Privacy Policy for full details.
• Prohibited use: You must not use Fotny's facial recognition features or any photos obtained through the App to build recognition databases, train AI models, or identify individuals without their consent.

Indemnification

You agree to indemnify, defend, and hold harmless Alpeen Technologies GmbH and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (i) your use of the App; (ii) any content you upload or share; (iii) your violation of these Terms; or (iv) your infringement of any rights of a third party.

Content Reporting

If you encounter content on Fotny that you believe violates these Terms or applicable law, please report it by emailing info@fotny.com. Include a description of the content and its location in the App. Alpeen Technologies GmbH will review all reports and take appropriate action, which may include removing content and reporting illegal material to the relevant authorities.

Privacy

Your use of Fotny is also governed by our Privacy Policy. By using Fotny, you agree to the collection, use, and sharing of your information as described in the Privacy Policy.

Termination

Fotny may terminate or suspend your access to the App at any time, without notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

Disclaimers

• No Warranty: Fotny is provided on an "as-is" and "as-available" basis. Fotny makes no warranties, express or implied, regarding the App's operation or content.
• Limitation of Liability: To the fullest extent permitted by law, Fotny shall not be liable for any damages arising out of your use of the App, including but not limited to direct, indirect, incidental, or consequential damages.

Governing Law

These Terms are governed by the laws of Switzerland, without regard to its conflict of law principles. Any legal disputes arising from these Terms will be resolved in the courts of Switzerland.

Changes to Terms

Fotny reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the App. Your continued use of Fotny after any such changes constitutes your acceptance of the new Terms.

Contact Information

If you have any questions about these Terms, please contact us at info@fotny.com