FotoVend Terms of Service

Effective Date: July 27, 2026

These Terms of Service, including the End User License Agreement provisions below, collectively, the "Terms," are a legally binding agreement between [insert legal company name], doing business as FotoVend ("FotoVend," "we," "us," or "our"), and the person or entity accessing or using the FotoVend application, website, software, or related services ("you" or "Subscriber").

FotoVend provides software and related services that allow professional photo booth operators to capture, process, generate, display, print, store, and deliver photographs and related media.

By creating an account, purchasing a subscription, downloading or using the FotoVend application, or otherwise accessing the Services, you agree to these Terms and our Privacy Policy.

If you use FotoVend on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "you" and "Subscriber" refer to that organization.

If you do not agree to these Terms, do not access or use FotoVend.

1. Eligibility and Business Use

FotoVend is intended primarily for photo booth operators and other commercial users.

You must be at least 18 years old and legally capable of entering into a binding agreement to create a FotoVend account or purchase a subscription.

You may not use FotoVend if:

• You are prohibited from using the Services under applicable law;
• Your account was previously terminated for violating these Terms; or
• You are acting on behalf of an organization without authority to bind it.

You are responsible for ensuring that your use of FotoVend complies with all laws, regulations, venue requirements, event agreements, and industry standards that apply to your business.

2. FotoVend Services

FotoVend may provide features that allow Subscribers to:

• Operate photo booth experiences;
• Capture photographs and other media;
• Apply layouts, overlays, filters, templates, or visual effects;
• Generate or transform images using automated or artificial-intelligence tools;
• Offer digital photographs or printed products;
• Collect customer email addresses or telephone numbers;
• Deliver photographs through email, SMS, QR code, AirDrop, or other methods;
• Accept or facilitate customer payments;
• Connect to supported printers, payment devices, and other hardware;
• Manage events, products, pricing, templates, and booth settings;
• Store event photographs and transaction information; and
• Access other features made available by FotoVend.

Specific functionality may depend on your subscription plan, device, location, third-party services, Internet access, and compatible hardware.

We may add, modify, replace, limit, or discontinue features. When a material change substantially reduces paid functionality, we will provide notice when reasonably practicable.

3. Accounts

You may be required to create an account to use FotoVend.

You agree to provide accurate, current, and complete account information and to keep it updated.

You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activity performed through your account;
• Controlling access by your employees, contractors, and representatives;
• Promptly disabling access for people no longer authorized to use your account; and
• Notifying FotoVend promptly of suspected unauthorized access or security incidents.

You may not share an account outside your organization, sell account access, or permit unauthorized third parties to use your subscription.

We may require additional authentication or verification measures to protect your account.

4. Subscription Plans

FotoVend is offered as a subscription service.

Available plans, features, device limits, event limits, storage limits, transaction charges, and pricing will be displayed at the time of purchase or described in an applicable order form.

Your subscription begins when payment is successfully processed and continues for the subscription period selected at purchase.

Unless otherwise stated, subscriptions automatically renew for successive periods of the same duration until canceled.

We may offer monthly, annual, promotional, trial, enterprise, or other subscription arrangements.

5. Subscription Billing

You authorize FotoVend, Apple, or the applicable payment provider to charge the payment method associated with your subscription for:

• Recurring subscription fees;
• Applicable taxes;
• Usage-based charges;
• Add-on services;
• Hardware or product purchases; and
• Other fees disclosed and accepted before purchase.

Subscription fees are charged in advance unless otherwise stated.

You are responsible for keeping your payment information current. If payment cannot be completed, we may retry the charge, restrict features, suspend access, or terminate the subscription.

Your bank, card issuer, Apple, or payment provider may impose additional fees for currency conversion, insufficient funds, declined payments, or other matters. FotoVend is not responsible for those fees.

6. Purchases Through Apple

When a subscription or other purchase is made through Apple's App Store:

• Payment is charged to the Apple ID used to complete the purchase;
• Billing is administered by Apple;
• The subscription may renew automatically unless canceled through the applicable Apple account settings;
• Cancellation and subscription management must generally be completed through Apple;
• Apple's payment and refund rules may apply; and
• FotoVend may not be able to issue a refund directly for a purchase processed by Apple.

Deleting the FotoVend application does not automatically cancel an active subscription.

You are responsible for managing your subscription through the platform through which it was purchased.

7. Direct Purchases

When a subscription is purchased directly from FotoVend, you may cancel it using the account-management tools provided by FotoVend or by contacting us at [insert billing-support email address].

Cancellation prevents future renewals but does not ordinarily produce a refund for the current subscription period.

You will generally retain access through the end of the paid billing period unless:

• Your account is terminated for violating these Terms;
• A charge is reversed or disputed;
• Continued access creates a security or legal risk; or
• The applicable order form states otherwise.

8. Trials and Promotions

FotoVend may offer free trials, introductory pricing, credits, discounts, or promotional access.

Unless otherwise disclosed, a trial requiring a payment method may automatically convert to a paid subscription at the end of the trial period.

You must cancel before the trial ends to avoid being charged.

Promotional offers:

• May be limited to eligible new or existing Subscribers;
• May not be combined;
• May expire;
• May be restricted by geography, plan, or account;
• Have no cash value; and
• May be withdrawn or modified where permitted by law.

Creating multiple accounts to obtain repeated trials or promotions is prohibited.

9. Pricing Changes

We may change subscription prices and fees.

Price changes ordinarily take effect at the beginning of a future renewal period and will not retroactively increase amounts already paid.

We will provide advance notice of a material price increase when required by law or the applicable purchasing platform.

Continuing the subscription after a price change becomes effective constitutes acceptance of the new price. You may cancel before the new price applies.

10. Refunds

Except where required by law, stated in an applicable order form, or permitted by the payment platform, payments are nonrefundable.

We do not provide refunds or credits for:

• Partially used subscription periods;
• Unused events;
• Failure to cancel before renewal;
• Device incompatibility that was reasonably disclosed;
• Internet, hardware, printer, payment-terminal, or third-party failures;
• Account suspension resulting from a violation of these Terms; or
• Features not used by the Subscriber.

We may issue a refund or credit at our discretion. Doing so in one situation does not obligate us to do so in another.

Refund requests for App Store purchases must normally be submitted to Apple.

11. License to Use FotoVend

Subject to these Terms and payment of all applicable fees, FotoVend grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to install and use the FotoVend application on supported devices that you own or control.

This license is solely for your authorized business use and is subject to:

• Your subscription plan;
• Applicable device or user limits;
• Apple's usage rules;
• Documentation provided by FotoVend; and
• These Terms.

The Services are licensed, not sold.

No ownership interest in FotoVend software or intellectual property is transferred to you.

12. FotoVend Ownership

FotoVend and its licensors own all rights, title, and interest in and to the Services, including:

• Software and source code;
• Application design and functionality;
• Interfaces and workflows;
• Databases and data structures;
• Documentation;
• FotoVend-created templates and graphics;
• Logos, trademarks, names, and branding;
• Algorithms and image-processing methods;
• Artificial-intelligence configurations and workflows;
• Improvements, updates, and derivative works; and
• Aggregated and deidentified operational information.

Except for the limited license expressly granted in these Terms, FotoVend reserves all rights.

You may not remove or alter copyright, trademark, attribution, or proprietary notices.

13. Subscriber Content

"Subscriber Content" means photographs, images, graphics, logos, templates, text, prompts, customer information, or other materials submitted, captured, uploaded, or transmitted through your account.

As between you and FotoVend, you retain any ownership rights you lawfully hold in Subscriber Content.

These Terms do not grant you ownership of photographs or materials belonging to customers, event guests, photographers, artists, venues, employers, licensors, or other third parties.

You represent and warrant that you have all permissions, licenses, releases, and other rights necessary to:

• Capture the Subscriber Content;
• Upload it to FotoVend;
• Process or transform it;
• Print or deliver it;
• Permit FotoVend and its providers to process it; and
• Use it for your intended commercial purpose.

14. License Granted to FotoVend

You grant FotoVend and its service providers a worldwide, nonexclusive, royalty-free license to host, store, copy, transmit, process, modify, format, resize, crop, display, print, generate, and deliver Subscriber Content solely as reasonably necessary to:

• Provide the Services;
• Complete requested transactions;
• Deliver purchased products;
• Generate requested images;
• Maintain backups;
• Prevent fraud and abuse;
• Troubleshoot technical issues;
• Provide customer support;
• Enforce these Terms; and
• Comply with legal obligations.

This license continues for as long as the content is stored in the Services and for a reasonable backup, security, dispute-resolution, and legal-compliance period afterward.

FotoVend does not receive a general right to sell customer photographs, use identifiable photographs in advertising, or create unrelated commercial products from them unless separately authorized in writing.

15. Generated Images and Output

FotoVend may permit users or event guests to generate or transform images using automated or artificial-intelligence systems.

Subject to applicable law and third-party provider terms:

• You may use generated output for your lawful business purposes;
• FotoVend retains ownership of its software, processing methods, templates, and platform assets;
• You retain your rights in source photographs that you lawfully own;
• Generated output may not be unique;
• Similar or identical output may be generated for other users; and
• FotoVend does not guarantee that generated output is eligible for copyright, trademark, or other intellectual-property protection.

You are responsible for reviewing generated output before displaying, printing, selling, publishing, or delivering it.

16. Event Guests and Customer Consent

You are responsible for your relationship with event guests and customers.

Before capturing, processing, printing, sharing, or storing a person's photograph or contact information, you must provide all notices and obtain all permissions required by applicable law.

Depending on the event and jurisdiction, this may include:

• Photography consent;
• Publicity or model releases;
• Parental or guardian consent;
• Biometric-information notices or consent;
• Artificial-intelligence processing disclosures;
• SMS consent;
• Email-delivery consent;
• Payment disclosures;
• Privacy notices; and
• Venue-specific authorization.

You must not represent that FotoVend has obtained consent on your behalf unless FotoVend has expressly agreed to do so in writing.

17. Minors

You must use special care when providing photo booth services involving minors.

You are responsible for determining whether parental or guardian consent is required before:

• Photographing a minor;
• Collecting a minor's contact information;
• Processing or transforming a minor's image;
• Publishing or sharing a minor's photograph; or
• Using a minor's image for promotional purposes.

FotoVend is not intended to enable photo booth operators to knowingly collect personal information online directly from children under 13 without legally sufficient authorization.

You may not knowingly use FotoVend in a manner that violates children's privacy or child-protection laws.

18. Facial and Biometric Information

Unless FotoVend expressly identifies a feature as performing facial recognition or biometric identification, FotoVend's image effects are not intended to identify people or establish their identity.

You may not use FotoVend to:

• Create a biometric identification database;
• Identify unknown individuals;
• Conduct surveillance;
• Determine sensitive personal characteristics;
• Make employment, insurance, lending, housing, legal, or governmental decisions; or
• Violate biometric privacy laws.

If a feature processes facial geometry or other information regulated as biometric data, you are responsible for providing required notices, obtaining valid consent, observing retention restrictions, and complying with applicable law.

19. Customer Contact Information

You may collect an email address or telephone number through FotoVend to deliver photographs or transaction-related communications.

You may not use contact information collected for photo delivery to send unrelated marketing messages unless you have obtained legally sufficient consent.

You are responsible for compliance with laws governing:

• Commercial email;
• Text messaging;
• Telephone marketing;
• Consent records;
• Unsubscribe requests;
• Do-not-call requirements; and
• Data deletion.

You must honor customer opt-out and deletion requests as required by law.

20. Payments Made by Event Guests

FotoVend may integrate with payment processors or payment-terminal providers.

Unless expressly stated otherwise, FotoVend is not:

• A bank;
• A payment processor;
• A money transmitter;
• A card issuer;
• The merchant of record for your event transactions; or
• A party to the sale between you and an event guest.

You are responsible for:

• Product descriptions;
• Prices;
• Taxes;
• Refunds;
• Chargebacks;
• Fulfillment;
• Customer disputes;
• Receipts;
• Payment-device compliance; and
• Compliance with payment-card requirements applicable to your business.

Payment services may be governed by separate agreements with the applicable provider.

21. Hardware, Printers, and Third-Party Equipment

FotoVend may connect to printers, cameras, payment terminals, routers, computers, mobile devices, and other third-party hardware.

Compatibility may depend on:

• Device model;
• Operating-system version;
• Firmware;
• Drivers;
• Network configuration;
• Manufacturer software;
• Physical connections; and
• Third-party services.

A device being listed as compatible does not guarantee uninterrupted performance under every configuration.

You are responsible for testing your full photo booth setup before each event and maintaining reasonable backup procedures.

22. Third-Party Services

The Services may integrate with or depend on third-party services, including:

• Apple;
• Cloud-hosting providers;
• Payment processors;
• Email providers;
• SMS providers;
• Artificial-intelligence providers;
• Printer manufacturers;
• Analytics or diagnostics providers; and
• Internet or network providers.

Your use of a third-party service may be subject to separate terms and privacy policies.

FotoVend is not responsible for a third party's:

• Availability;
• Security;
• Accuracy;
• Content;
• Pricing;
• Policy changes;
• Service interruptions; or
• Acts or omissions.

We may change or discontinue an integration if the third-party service becomes unavailable, unsafe, unlawful, commercially unreasonable, or technically incompatible.

23. Acceptable Use

You may use FotoVend only for lawful purposes.

You may not use the Services to:

• Violate any law, regulation, court order, or contractual obligation;
• Infringe intellectual-property, privacy, publicity, or other rights;
• Capture or distribute images without required consent;
• Create or distribute child sexual-abuse material;
• Exploit, endanger, or sexualize minors;
• Create nonconsensual intimate imagery;
• Harass, threaten, stalk, defame, or impersonate others;
• Generate deceptive identity documents;
• Facilitate fraud or payment abuse;
• Distribute malware or malicious code;
• Circumvent security or access controls;
• Probe or test systems without authorization;
• Overload, disrupt, or interfere with the Services;
• Scrape or extract data through unauthorized automated means;
• Reverse engineer, decompile, or disassemble the Services, except where such a restriction is prohibited by law;
• Copy, resell, sublicense, or commercially exploit the Services outside your authorized subscription;
• Use the Services to develop or train a competing product;
• Remove proprietary notices;
• Share credentials with unauthorized parties; or
• Misrepresent your relationship with FotoVend.

24. Prohibited Content

You may not upload, create, process, display, print, or deliver content that:

• Is illegal;
• Exploits or endangers children;
• Contains nonconsensual intimate imagery;
• Promotes terrorism or violent extremism;
• Contains credible threats of violence;
• Encourages self-harm;
• Facilitates illegal discrimination;
• Infringes intellectual-property rights;
• Invades privacy or publicity rights;
• Is fraudulent or deliberately deceptive;
• Contains malicious code; or
• Is otherwise prohibited by an applicable service provider.

We may block, remove, preserve, or report content when reasonably necessary to protect users, comply with law, or enforce these Terms.

25. Intellectual-Property Complaints

FotoVend respects intellectual-property rights.

A person who believes content processed through FotoVend infringes their rights may contact:

Email: [insert intellectual-property contact email]
Mailing address: [insert legal mailing address]

A complaint should include:

• Identification of the protected work;
• Identification of the allegedly infringing content;
• Information sufficient to locate the content;
• The complainant's contact information;
• A statement of good-faith belief;
• A statement that the information is accurate; and
• A physical or electronic signature.

We may remove or restrict content and terminate repeat infringers when appropriate.

26. Feedback

You may provide suggestions, ideas, feature requests, or other feedback about FotoVend.

You grant FotoVend a perpetual, worldwide, irrevocable, royalty-free right to use, modify, incorporate, commercialize, and otherwise exploit that feedback without restriction or compensation.

This provision does not transfer ownership of your photographs or confidential business information.

27. Availability and Maintenance

We aim to provide reliable Services but do not guarantee uninterrupted or error-free operation.

The Services may be unavailable because of:

• Maintenance;
• Updates;
• Security incidents;
• Internet or cloud outages;
• Third-party provider failures;
• Device or hardware issues;
• Events beyond our reasonable control; or
• Emergency measures.

We may install updates, patches, and configuration changes. Some updates may be required to continue using FotoVend.

Unless an applicable order form includes a separate service-level agreement, no uptime guarantee applies.

28. Backups and Data Loss

FotoVend may maintain operational backups, but the Services are not intended to be your sole archival system.

You are responsible for maintaining independent copies of important photographs, templates, customer records, transaction records, and business data.

FotoVend is not responsible for a loss of data that could reasonably have been avoided through normal backup practices, except to the extent liability cannot legally be excluded.

29. Suspension

We may suspend or restrict your account when we reasonably believe:

• Fees are overdue;
• Your payment is disputed or reversed;
• Your account has been compromised;
• Your use creates a security, legal, or operational risk;
• You violated these Terms;
• Your use threatens FotoVend, its providers, or other users;
• Suspension is required by law; or
• Immediate action is needed to prevent harm.

When reasonably practicable, we will provide notice and an opportunity to correct the issue.

We may act without advance notice when necessary to address an urgent risk.

30. Termination by You

You may stop using FotoVend at any time.

You may cancel an active subscription through the purchasing platform or account-management process described in these Terms.

Canceling a subscription does not automatically delete your account or stored data. You may submit a separate account or data-deletion request.

Amounts already owed remain payable after termination.

31. Termination by FotoVend

We may terminate your account or these Terms if:

• You materially or repeatedly violate these Terms;
• You fail to pay amounts due;
• Your conduct creates material legal, security, or reputational risk;
• We are required to do so by law or a third-party platform;
• You use FotoVend for prohibited activity; or
• We discontinue the Services.

When termination is not caused by your violation, we may provide a prorated refund for prepaid, unused direct-subscription time at our discretion or where required by law.

32. Effect of Termination

Upon termination:

• Your license to use FotoVend ends;
• You must stop accessing the Services;
• Unpaid charges become immediately due;
• We may disable or remove your account;
• Stored content may be deleted according to our retention practices; and
• Provisions intended by their nature to survive will remain effective.

You are responsible for exporting any content you wish to preserve before termination.

Sections relating to ownership, licenses necessary for retained backups, fees, disclaimers, indemnification, limitations of liability, dispute resolution, and general legal provisions survive termination.

33. Confidentiality

Each party may receive nonpublic information from the other party that a reasonable person would understand to be confidential.

The receiving party will:

• Use confidential information only for purposes of the business relationship;
• Protect it using reasonable care;
• Disclose it only to people who need it and are subject to confidentiality obligations; and
• Not disclose it to third parties except as permitted by these Terms.

Confidential information does not include information that:

• Becomes public without breach;
• Was already lawfully known;
• Is independently developed without using the confidential information; or
• Is lawfully received from another source without confidentiality restrictions.

A party may disclose confidential information when legally required, provided it gives notice when legally permitted.

34. Privacy and Data Processing

Our collection and use of personal information are described in the FotoVend Privacy Policy.

You agree to comply with applicable privacy and data-protection laws in your use of FotoVend.

Depending on the circumstances, you may act as the business, controller, or data owner for information collected from event guests, while FotoVend may act as your service provider or processor.

If required, the parties may enter into a separate data-processing agreement.

You must not direct FotoVend to process personal information unlawfully.

35. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

FOTOVEND DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• QUIET ENJOYMENT; AND
• UNINTERRUPTED OR ERROR-FREE OPERATION.

FOTOVEND DOES NOT WARRANT THAT:

• THE SERVICES WILL MEET EVERY BUSINESS REQUIREMENT;
• EVERY DEVICE OR PRINTER WILL BE COMPATIBLE;
• IMAGES WILL ALWAYS PROCESS OR PRINT CORRECTLY;
• GENERATED CONTENT WILL BE UNIQUE OR FREE OF THIRD-PARTY CLAIMS;
• THIRD-PARTY SERVICES WILL REMAIN AVAILABLE;
• DATA WILL NEVER BE LOST; OR
• DEFECTS WILL ALWAYS BE CORRECTED.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the extent permitted by law.

36. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOTOVEND AND ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOST PROFITS, REVENUE, BUSINESS, CONTRACTS, OR OPPORTUNITIES;
• LOSS OR CORRUPTION OF DATA;
• COSTS OF SUBSTITUTE SERVICES;
• EVENT INTERRUPTION;
• MISSED OR FAILED PRINT SALES;
• CUSTOMER CLAIMS;
• REPUTATIONAL HARM; OR
• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR HARDWARE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOTOVEND'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID DIRECTLY TO FOTOVEND FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. $100.

These limitations apply regardless of the legal theory and even if FotoVend was advised that damages were possible.

They do not limit liability that cannot legally be limited, including liability arising from fraud, intentional misconduct, or other categories that applicable law prohibits from being excluded.

37. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless FotoVend and its owners, officers, employees, affiliates, contractors, licensors, and service providers from claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys' fees arising from or relating to:

• Your use of the Services;
• Your Subscriber Content;
• Your events, products, or services;
• Your relationship with event guests or customers;
• Your failure to obtain required consent or releases;
• Your marketing communications;
• Your pricing, refunds, chargebacks, or taxes;
• Your violation of these Terms;
• Your violation of law; or
• Your infringement of another person's rights.

FotoVend may control the defense of a claim subject to indemnification. You may not settle a claim in a manner that imposes liability or obligations on FotoVend without FotoVend's written consent.

38. Governing Law

These Terms are governed by the laws of the State of [insert state], without regard to conflict-of-law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory consumer-protection laws may apply despite this choice-of-law provision.

39. Informal Dispute Resolution

Before filing a lawsuit or arbitration demand, a party must send the other party a written notice describing:

• The nature of the dispute;
• The relevant facts;
• The requested relief; and
• Contact information for the complaining party.

Notices to FotoVend must be sent to:

Email: [insert legal-notice email]
Mail: [insert legal mailing address]

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice.

Either party may seek immediate injunctive relief when necessary to prevent unauthorized access, misuse of intellectual property, disclosure of confidential information, or imminent harm.

40. Dispute Forum

Unless the parties enter into a separate written agreement, any lawsuit arising from these Terms must be brought in the state or federal courts located in [insert county and state].

Each party consents to the personal jurisdiction and venue of those courts.

[Have an attorney determine whether FotoVend should use court litigation, individual arbitration, or a separate business-customer dispute clause before publishing.]

41. Time Limit for Claims

To the extent permitted by law, a claim arising from these Terms or the Services must be filed within one year after the event giving rise to the claim.

A claim filed after that period is permanently barred.

This provision does not shorten a limitations period where doing so is prohibited by law.

42. Export and Sanctions Compliance

You may not use, export, re-export, transfer, or provide the Services in violation of United States export-control, sanctions, or trade laws.

You represent that you are not:

• Located in a comprehensively sanctioned jurisdiction;
• Listed on a prohibited-party list; or
• Using the Services for a prohibited end use.

43. United States Government Users

The FotoVend software and documentation are commercial items and commercial computer software.

United States government users receive only the rights granted to other users under these Terms, consistent with applicable federal procurement laws.

44. Apple-Specific Terms

The following provisions apply when FotoVend is downloaded through or used on an Apple device.

Acknowledgment

These Terms are between you and FotoVend, not Apple.

FotoVend, not Apple, is solely responsible for the FotoVend application and its content, except as otherwise required by law.

Scope of License

Your license is limited to a nontransferable license to use FotoVend on Apple-branded products that you own or control and as permitted by Apple's applicable usage rules.

FotoVend may also be accessed and used by other accounts associated with the purchaser through Apple-supported family or volume-purchasing features when permitted by Apple.

Maintenance and Support

FotoVend is responsible for maintenance and support of the application as specified in these Terms or required by law.

Apple has no obligation to provide maintenance or support for FotoVend.

Warranties

If FotoVend fails to conform to an applicable warranty that cannot legally be disclaimed, you may notify Apple. Apple may refund the purchase price paid for the application, if any, as provided by Apple's rules.

To the maximum extent permitted by law, Apple has no other warranty obligation regarding FotoVend.

Product Claims

FotoVend, not Apple, is responsible for addressing claims relating to:

• The application;
• Your possession or use of the application;
• Product liability;
• Failure to comply with legal or regulatory requirements; and
• Consumer-protection, privacy, or similar claims.

Intellectual-Property Claims

If a third party claims that FotoVend or your possession or use of the application infringes intellectual-property rights, FotoVend, not Apple, is responsible for the investigation, defense, settlement, and resolution of the claim to the extent required by these Terms or applicable law.

Developer Information

The developer and provider of FotoVend is:

[Insert legal company name]
[Insert mailing address]
[Insert telephone number]
[Insert support email]

Third-Party Terms

You must comply with applicable third-party agreements when using FotoVend, including your wireless-data agreement, Apple terms, and terms governing integrated services.

Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms.

Upon your acceptance of these Terms, Apple has the right to enforce the Apple-specific provisions against you as a third-party beneficiary.

45. Changes to These Terms

We may revise these Terms to reflect changes in:

• The Services;
• Subscription plans;
• Technology;
• Third-party requirements;
• Security practices;
• Business operations; or
• Applicable law.

We will update the effective date when the Terms change.

When a change materially affects your rights or obligations, we will provide additional notice when required.

Changes apply prospectively unless immediate application is required for legal or security reasons.

If you do not agree to revised Terms, you must stop using FotoVend and cancel your subscription.

46. Assignment

You may not assign or transfer these Terms, your account, or your subscription without FotoVend's prior written consent.

FotoVend may assign these Terms as part of a merger, acquisition, corporate reorganization, financing, sale of assets, or transfer of the Services.

47. Force Majeure

FotoVend is not responsible for delay or failure caused by events beyond its reasonable control, including:

• Natural disasters;
• Severe weather;
• Fire;
• War;
• Terrorism;
• Civil unrest;
• Labor disputes;
• Government action;
• Internet or telecommunications failures;
• Cloud-provider outages;
• Utility failures;
• Epidemics;
• Cyberattacks; or
• Supply-chain interruptions.

Payment obligations already incurred are not excused by this section.

48. No Waiver

A failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only when made in writing by an authorized representative.

49. Severability

If a provision is found invalid or unenforceable, it will be enforced to the maximum extent legally permitted.

The remaining provisions will remain effective.

50. Relationship of the Parties

The parties are independent contractors.

These Terms do not create a partnership, joint venture, agency, franchise, fiduciary, employment, or exclusive relationship.

You may not make commitments on behalf of FotoVend.

51. Entire Agreement

These Terms, the Privacy Policy, any applicable order form, and any incorporated policies constitute the entire agreement concerning the Services.

They replace prior or contemporaneous discussions, proposals, representations, and agreements concerning the same subject.

If an order form expressly conflicts with these Terms, the order form controls for that specific transaction.

52. Electronic Communications

You consent to receive agreements, notices, disclosures, receipts, and other communications electronically.

Electronic communications satisfy legal requirements that communications be in writing.

You are responsible for maintaining a current email address associated with your account.

53. Contact Information

Questions about these Terms may be directed to:

FotoVend
Legal company name: FotoVend, LLC.
Email: support@fotovend.com
Website: https://www.fotovend.com