Terms of Service
DRAFT — FOR ATTORNEY REVIEW. NOT YET IN EFFECT. Placeholders in [brackets] must be completed before publication. Marketplace terms describe the built product (10% platform fee via Stripe Connect); attorney should finalize before payments launch.
Effective date: [DATE] · Provider: [COMPANY LEGAL NAME] ("Fotoccasion", "we") · Contact: [legal@fotoccasion.com]
By creating an account or joining an event you agree to these Terms and to our Privacy Policy and Biometric Data Policy.
1. The service
Fotoccasion provides shared event albums: organizers create events; guests join by invite code, link, or QR; members add photos and videos; optional face recognition helps members find photos of themselves, governed by each event's privacy mode. You must be at least 13 (or the age of digital consent where you live) to hold an account. [ATTORNEY: align with the COPPA decision.]
2. Your content
You keep ownership of the photos and videos you upload. You grant Fotoccasion a limited, non-exclusive, worldwide license to host, store, process (including generating resized/redacted variants and running face detection where the event enables it), and display your content to the members of the event you added it to, solely to operate the service. This license ends when the content is deleted, except for short backup windows.
You are responsible for what you upload. You represent that you have the rights to the content you add and that it doesn't violate law or others' rights. Uploading media of other people is subject to the event's disclosed privacy mode; do not upload content that a reasonable person would consider harassing, exploitative, or unlawful.
Other members' content. Membership in an event gives you a personal, non-commercial right to view — and where the event allows, download — that event's shared content. It does not transfer copyright, and (outside a pro event's purchased content) does not grant commercial-use rights.
3. Privacy modes and face features
Each event's privacy mode is disclosed before you join and governs everyone's uploads in that event. Recognized members may exercise the controls that mode provides (blur me / hide this photo / release). Redaction is applied server-side to delivered copies, including video. Face enrollment is optional and governed by the Biometric Data Policy.
4. Pro (selling) events — marketplace terms
Professional photographers may run selling events. These terms are disclosed on the invite itself and bind everyone who joins one:
•Photographer (organizer). You set the sale mode (whole gallery or per photo) and price. You represent that you have the right to sell the content sold through your event, including any collaborator contributions and any releases required from subjects. Payouts are processed by Stripe Connect under Stripe's Connected Account Agreement; you are responsible for your own taxes.
•Collaborators. Joining through a collaborator invite means you are shooting for the photographer: photos and videos you add to that event are assigned to the photographer for sale and use in connection with that event, and you do not receive free access to, or resale rights in, event content. This is stated on the invite before you join; do not join as a collaborator if you don't agree. [ATTORNEY: confirm assignment vs. exclusive-license mechanics.]
•Customers. Joining through a customer invite lets you preview watermarked content and purchase at the listed price. A purchase grants you a personal-use license to the full-resolution content you bought ([print and personal sharing permitted; no resale or commercial use without the photographer's written permission]). Purchases are delivered digitally; refunds are handled per [REFUND POLICY — attorney to define; default: defects/non-delivery only].
•Platform fee. Fotoccasion charges the photographer a fee of 10% of each sale, collected as a Stripe application fee at the time of the transaction.
•Fotoccasion is a marketplace platform, not a party to the photographer-customer transaction and not the seller of record. [ATTORNEY: confirm marketplace-facilitator sales-tax treatment per state.]
5. Acceptable use
No unlawful content or conduct; no harassment or stalking; no uploading content depicting private moments of identifiable people obtained without any right to do so; no attempts to defeat privacy controls (including de-blurring or re-identifying redacted people); no scraping, reselling, or bulk-exporting other members' content; no reverse engineering; no interference with the service.
6. Copyright (DMCA)
We respond to copyright notices under our Copyright / DMCA Policy and terminate repeat infringers.
7. Termination
You can stop using Fotoccasion and delete your account at any time. We may suspend or terminate accounts that violate these Terms, with notice where practicable. Sections that by nature survive (content licenses already exercised, marketplace obligations, disputes) survive termination.
8. Disclaimers and liability
The service is provided "as is" without warranties of any kind to the extent permitted by law. Face recognition is probabilistic and may miss or mis-identify; privacy modes reduce, but cannot eliminate, the risk that someone photographs you at an event. To the maximum extent permitted by law, Fotoccasion's aggregate liability is limited to the greater of $[100] or the amounts you paid us in the twelve months before the claim; we are not liable for indirect or consequential damages. [ATTORNEY: jurisdiction-specific carve-outs.]
9. Disputes
[ATTORNEY: choose — courts of [STATE] vs. arbitration clause + class-action waiver + 30-day opt-out; include mass-arbitration protocol if arbitration is chosen.] Governing law: [STATE].
10. Changes
We may update these Terms; material changes will be notified in-app or by email with an effective date. Continued use after the effective date is acceptance.