Terms of service

Last Updated: 29th of November 2024

OVERVIEW

This website is operated by Foto Master LLC (“Foto Master,” “we,” “us,” or “our”). Throughout the site, the terms “you” and “user” refer to anyone accessing or using our website.

By accessing or using our website (www.fotomaster.com and other domains assigned to us), purchasing products, software, or services from us, or engaging with our content, you agree to be bound by these Terms of Use (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink.

These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform to sell our products and services to you.

SECTION 1 – ELIGIBILITY AND USER RESPONSIBILITIES

By agreeing to these Terms, you represent that:

• You are at least the age of majority in your state or province of residence.
• You have given us your consent to allow any of your minor dependents to use this site.
• You will not use our products or site for any illegal or unauthorized purposes.
• You will not violate any laws in your jurisdiction (including but not limited to copyright laws).
• You will not transmit any worms, viruses, or destructive code.

Any breach or violation of these Terms may result in an immediate termination of your services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to:

• Refuse service to anyone for any reason at any time.
• Modify or discontinue any service or product without prior notice.
• Limit the sales of our products or services to any person, geographic region, or jurisdiction on a case-by-case basis.
• Limit the quantities of any products or services that we offer.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service or product without express written permission from us.

SECTION 3 – ACCURACY OF INFORMATION

We strive for accuracy but do not guarantee that all information on this site is complete, accurate, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions.

SECTION 4 – MODIFICATIONS TO SERVICES AND PRICES

• Prices for our products and services are subject to change.
• Material increases to subscription fees or metered usage rates will be communicated via in-product notice and/or email at least 30 days before effectiveness. You may cancel prior to the change effective date.
• We reserve the right to modify or discontinue any service (or any part or content thereof) without notice.
• We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.

SECTION 5 – PRODUCTS AND SERVICES

• Certain products or services may be available exclusively online and may have limited quantities.
• Products are subject to return or exchange only according to our Refund Policy.
• We make every effort to display product colors and images accurately; however, colors may vary slightly (especially with natural wood finishes), and we may implement small, non-material improvements between production runs without prior notice. Such variations and improvements do not constitute defects and may not appear in all marketing content.
• We reserve the right to limit sales of our products or services to any person, geographic region, or jurisdiction.
• All descriptions of products or pricing are subject to change at any time without notice, subject to Section 4.

SECTION 6 – BILLING AND ACCOUNT INFORMATION

You agree to:

• Provide current, complete, and accurate purchase and account information.
• Promptly update your account and other information, including your email address and credit card numbers.
• Allow us to complete your transactions and contact you as needed.

We reserve the right to:

• Refuse any order you place with us.
• Limit or cancel quantities purchased per person, per household, or per order.
• Limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

For more details, please review our Refund Policy.

SECTION 7 – THIRD-PARTY LINKS AND TOOLS

• Our website may include access to third-party tools or links that we neither monitor nor control.
• We provide access to these tools “as is” without warranties or endorsements.
• Use of third-party tools or links is at your own risk and discretion.
• We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, or content from third-party websites.

SECTION 8 – USER CONTENT AND SUBMISSIONS

By submitting content (e.g., comments, feedback, suggestions), you agree that:

• We may, at any time, without restriction, edit, copy, publish, distribute, translate, and use your content in any medium.
• We are under no obligation to maintain your comments in confidence or to pay compensation.
• Your comments will not violate any third-party rights or contain unlawful, abusive, or obscene material.
• You will not mislead us or third parties as to the origin of any comments.

Reviews & Public Statements

Nothing in these Terms restricts your ability to leave lawful consumer reviews or factual statements. However, you may not publish knowingly false statements, fabricated results, or edited/omitted comparisons that are likely to mislead. If you publish performance claims or comparisons about our software or cloud outputs, you must comply with the Benchmarking & Public Comparisons requirements in Section 21 (EULA).

SECTION 9 – PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 10 – ERRORS AND OMISSIONS

• Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions.
• We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
• We undertake no obligation to update, amend, or clarify information except as required by law.

SECTION 11 – PROHIBITED USES

You are prohibited from using the site or its content:

• For any unlawful purpose.
• To solicit others to perform or participate in unlawful acts.
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate based on protected characteristics.
• To submit false or misleading information.
• To upload or transmit viruses or any other malicious code.
• To collect or track personal information of others without consent.
• To spam, phish, or engage in any fraudulent activities.
• To interfere with or circumvent the security features of the service or any related website.

Export Controls & Sanctions; Anti-Corruption

You agree to comply with applicable export control and sanctions laws and will not access or use the Services in embargoed countries or by denied parties. You further represent compliance with applicable anti-corruption and anti-bribery laws.

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that:

• Your use of our service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the service will be accurate or reliable.
• Any errors in the service will be corrected.

The service and all products are provided “as is” and “as available” without any representation, warranties, or conditions of any kind.

SECTION 13 – LIMITATION OF LIABILITY

• Foto Master shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of any of the service or any products.
• Our liability is limited to the maximum extent permitted by law and shall not exceed the amount you paid for the product or service.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Foto Master and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand arising out of your breach of these Terms or your violation of any law or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

• These Terms are effective unless and until terminated by either you or us.
• You may terminate these Terms at any time by notifying us or ceasing to use our site.
• If you fail to comply with any term or provision, we may terminate this agreement without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 – ENTIRE AGREEMENT

• These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us.
• They supersede any prior agreements, communications, and proposals, whether oral or written.
• Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Delaware, United States.
• Any disputes arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Delaware.

SECTION 19 – CHANGES TO TERMS OF USE

• You can review the most current version of the Terms at any time on this page.
• We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website.
• It is your responsibility to check our website periodically for changes.
• Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.

SECTION 20 – TERMS OF SALE AND SERVICE

Definitions

• Product: Foto Master hardware, software, and services collectively.
• Hardware: Physical products purchased from Foto Master, excluding software and licenses.
• Software: Foto Master’s proprietary software governed by the EULA.
• License: Software usage rights as governed by the EULA.
• Confidential Information: All proprietary or confidential information disclosed by Foto Master.
• Intellectual Property Rights: Rights associated with Foto Master products, including copyrights, patents, trademarks.

Orders, Payment, and Warranty

• Each purchase order constitutes a legal agreement governed by these Terms.
• All payments must be made in the currency specified on the invoice.
• Products are prepaid and non-refundable.
• Warranty conditions are outlined in our Limited Hardware Warranty Policy.
• Financing or loan services from third parties are at your own risk.

Shipping and Delivery

• Shipping timelines are estimates and subject to delays caused by third parties or force majeure events.
• You must pay all shipping costs and provide accurate delivery information.
• Refusal to accept delivery may result in additional fees.

Intellectual Property

• Intellectual Property Rights remain the property of Foto Master.
• You may not copy, reverse-engineer, or distribute Foto Master software or materials without express written consent.

Support and Subscription Services

• Support, software upgrades, and Cloud are included for the first year only if your purchased product/package explicitly includes a 1-year Software License, 1-year 24/7 Support, and 1-year Cloud service. Otherwise, access to upgrades, support, and Cloud is provided according to the plan you select.
• Subscription renewals are billed monthly or annually, depending on the plan listed on our website (some plans support both; others are annual-only).
• Auto-renewal is enabled by default and can be managed or canceled in Cloud > Billing (Cloud plans) and Cloud > Licenses (software/support).
• Subscription fees are non-refundable and may change at Foto Master’s discretion, subject to the notice in Section 4.

Limitation of Liability

• Foto Master is not liable for indirect, incidental, or consequential damages.
• Foto Master’s liability is limited to the purchase price of the product.

Use of the Product

• Products are for personal business use only.
• Resale or unauthorized distribution is prohibited.
• Products must be used safely and in compliance with applicable safety regulations.

Force Majeure

• Foto Master is not liable for delays or non-performance caused by events beyond reasonable control.

Confidentiality

• You must keep all confidential information disclosed by Foto Master confidential and not share it without written permission.

Compliance

You will comply with applicable export controls, sanctions, and anti-corruption laws in connection with your purchase and use of the Products.

Indemnity

• You agree to indemnify Foto Master for any claims, losses, or damages arising from your breach of these Terms.

Title and Risk

• Risk of loss transfers upon delivery, but Foto Master retains title to hardware until payment is received in full.

Termination

• Foto Master may terminate this agreement for breaches of these Terms or other specified reasons.
• Termination does not absolve payment obligations.

SECTION 21 – END USER LICENSE AGREEMENT (EULA)

IMPORTANT – PLEASE READ BEFORE USING THE SOFTWARE

This End User License Agreement (“Agreement”) is a legal agreement between you and Foto Master LLC and its affiliates (“Foto Master”) for the use of Foto Master’s proprietary software (“Software”).

By using, downloading, or installing the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Software.

Ownership and Intellectual Property Rights

• All ownership rights, intellectual property rights, and titles in the Software are the sole property of Foto Master and its licensors.
• The Software is protected under intellectual property laws.

License Terms

License Types

1. Lifetime Software License:
   • A one-time purchase granting perpetual access to the licensed software.
   • Support, software upgrades, and cloud services are included for the first year and require a subscription thereafter.
2. Subscription-Based License:
   • Requires a minimum yearly commitment and is billed annually.
   • Must maintain an active Foto Master Cloud account.
   • Support services are optional and can be purchased separately.

Support Services

• 24/7 Support Services:
  • Available for purchase per license, per device.
  • Includes priority support and faster response times.
  • Set to auto-renew unless canceled.

License and Subscription Fees

• All fees are non-refundable and must be paid in US dollars unless specified.
• Subscriptions renew automatically unless canceled prior to the renewal date.

Restrictions

You shall not:

• Use the Software on more than one device without permission.
• Reverse-engineer, decompile, or disassemble the Software.
• Use the Software for illegal purposes or expose it to competitors.

Prohibited Competitive Access & Misrepresentation

You may not access, purchase, license, download, install, or use the Software (including trial/beta) if you are, or are acting on behalf of, a competitor offering substantially similar products or services, or any person or entity evaluating the Software for competitive analysis, benchmarking, feature replication, or disparagement, unless Foto Master gives prior written consent. You shall not use false, misleading, or concealed identities or affiliations to obtain access to the Software or Cloud Services, including through intermediaries.

Benchmarking & Public Comparisons

Publishing test results, comparisons, or performance claims about the Software or Cloud outputs is permitted only if you either (i) obtain Foto Master’s prior written consent; or (ii) disclose, alongside any published results: the exact Software/Cloud versions and build numbers, model/configuration IDs, hardware specifications, full input assets, settings/presets/prompts, seeds, and test dates, and provide unedited originals and raw outputs for independent verification upon request. Any visual edits must be clearly disclosed.

Output Attribution & Watermark Integrity

Where outputs (images, videos, vectors) are publicly shared, you must preserve embedded watermarks/identifiers and, upon Foto Master’s request, include an attribution such as “Created with Foto Master [product/version].” Removal or obfuscation of such identifiers for the purpose of misattribution is prohibited.

Anti-Circumvention & Security

You shall not bypass license checks, security telemetry necessary for anti-abuse, geographic/IP restrictions, or concurrency controls; spoof device or user identity; interfere with watermarks or usage counters; or use the Software to train models or derive datasets without written consent.

Suspension for Investigation; Continuity

Foto Master may immediately suspend updates, cloud entitlements, new activations, license transfers, or online features for any account reasonably suspected of violating this Agreement, while leaving the then-installed version operable offline for ongoing events where feasible. Foto Master will notify the account holder and provide a brief statement of reasons and a path to cure where appropriate.

Preservation & Cooperation

Upon notice of suspected misuse, you must preserve and, within 7 days, provide non-privileged records reasonably necessary to assess compliance, including input files, prompts/settings, logs, activation/device identifiers, and publication links. Foto Master may request a limited, remote review during business hours of configuration logs solely to confirm compliance. Failure to cooperate is a material breach.

Equitable Relief; Fee Shifting

Unauthorized competitive access, misrepresentation, or publication of undisclosed or misleading comparisons causes irreparable harm. Foto Master may seek injunctive relief without bond and recover reasonable attorneys’ fees and costs if such breach is determined by a court or arbitrator.

License Transfers

Self-service transfer between your owned devices is permitted up to a reasonable number of times per 12-month period, subject to automated fraud checks. Foto Master may require manual review in case of anomalies (e.g., rapid geo/IP changes) and may pause transfers during an active investigation.

Updates and Changes

• Foto Master may update the Software, adding or removing features without prior notice.
• Updates may require active subscriptions to access.

Data Privacy

• Foto Master will process personal data in accordance with its Privacy Policy.
• You are responsible for obtaining necessary permissions for collecting and using end-user personal data.

Indemnification

• You agree to indemnify Foto Master against any claims or damages resulting from your misuse of the Software.

Limitation of Liability

• The Software is provided “as is” without warranties of any kind.
• Foto Master is not liable for indirect, incidental, or consequential damages.

Termination

• The License terminates if you breach this Agreement.
• Upon termination, you must cease using the Software.

Governing Law

• This Agreement is governed by the laws of the State of Delaware, United States.

SECTION 22 – LIMITED HARDWARE WARRANTY POLICY

What is Covered

• Foto Master warrants its hardware products against manufacturing defects in material and workmanship during the Warranty Period under normal use.
• The Warranty Period is twelve (12) months from the date of product delivery.

What is Not Covered

• Claims for missing components raised more than seven (7) days after receipt.
• Products not fully paid, stolen, or determined to be non-original.
• Software and consumables.
• Defects resulting from unauthorized repairs, misuse, negligence, or force majeure events.

Warranty Claims Process

• Contact Foto Master support to report defects.
• You may be required to engage in an online inspection session.
• Foto Master may repair or replace the product at its discretion.
• Shipping costs for warranty service are the purchaser’s responsibility.

Liabilities

• Foto Master is not liable for any consequential, indirect, or incidental damages.
• Payments for the product are non-refundable.
• Foto Master’s total liability is limited to the purchase price paid for the product.

Disclaimers

• Except as expressly stated, Foto Master disclaims all other warranties, express or implied.

SECTION 23 – CLOUD SERVICES AGREEMENT (CSA)

Cloud Services Description

• Foto Master provides cloud-based services (“Cloud Services”) that may include digital content creation, data storage, AI tools, customer management features, and more.

Subscription Terms

• Eligibility: Available to users with a registered Foto Master account.
• Subscription Options: Various plans with specific terms and fees.
• Payment Terms: Fees must be paid in advance.
• Renewal and Cancellation: Subscriptions renew automatically unless canceled at least one day before renewal.

User Rights and Responsibilities

• Permitted Uses: Use for personal or business purposes in compliance with this CSA and applicable laws.
• Prohibited Conduct: Misuse, including introducing inappropriate content or engaging in illegal activities, is prohibited.
• Data Ownership: Users retain ownership of their submitted content but grant Foto Master a license to operate and improve the services.

Foto Master’s Obligations

• Service Availability: Strives for minimal disruptions but not guaranteed.
• Data Security: Implements security measures as outlined in the Privacy Policy.
• Support and Maintenance: Provides support per the terms outlined.

Fees and Payments

• Subscription Fees: Vary based on the selected plan.
• Credit Balance: Required for on-demand services not included in the subscription.
• Auto Charge: Automatically adds funds when the credit balance is low.
• Pricing Changes: Material increases to subscription fees or per-use credit rates will be communicated via in-product notice and/or email at least 30 days before effectiveness. You may cancel before the change effective date.

Intellectual Property

• Ownership: Foto Master retains all rights in the Cloud Services.
• User-Generated Content: Users grant Foto Master a license to use their content for providing the services.

Data Protection

• Data Use: Collected and used per the CSA and Privacy Policy.
• Data Retention: Retained for the duration of the subscription and as required by law.

DMCA & Content Takedown

If you publish outputs, assets, or materials that infringe Foto Master or third-party rights, Foto Master may issue takedown notices and request removal. Repeat infringers may have cloud entitlements or update access suspended.

Termination and Suspension

• Grounds for Termination: Breach of the CSA, non-payment, or other significant reasons.
• Suspension: Foto Master may suspend cloud entitlements and online features for suspected abuse or infringement, consistent with the EULA’s Suspension for Investigation clause.
• Effect of Termination: Loss of access and possible data deletion.

Disclaimer of Warranties

• Cloud Services are provided “as is” without warranties.

Limitation of Liability

• Foto Master’s liability is limited to the amount paid for the services in the prior twelve (12) months.

Indemnification

• Users agree to indemnify Foto Master for claims resulting from their use of the services.

Amendments

• Foto Master reserves the right to amend this Agreement.

Governing Law

• Governed by the laws of the State of Delaware, United States.

SECTION 24 – CONTACT INFORMATION

For questions or concerns regarding these Terms or any policies:

Email: support@fotomaster.com
Sales Phone: +1 (203) 349-4484
Support Phone: +1 (203) 349-4483

Business Address:

Foto Master LLC
1013 Centre Road, STE 403-B
Wilmington, DE 19805
United States