Terms and conditions

1 Acceptance

Creating an account, creating an album, opening someone’s album link or uploading a file means you accept these terms and the privacy policy. If you do not agree, do not use the service.

2 What Fotara is

Fotara is a collaborative album for events. The host creates the album, shares a link or a QR code, and guests upload photos and videos from their phone’s browser, installing nothing and creating no account.

3 Your account

Creating an album requires an account with a verified email, opened with Google, with Apple or with a six-digit code sent to your inbox.

You are responsible for keeping control of that inbox: whoever controls it can get into your account. The information you give us must be true and current.

4 The link is the key

Guest access is not password protected: the album address carries a random part, and that address is the credential. Sharing the link or the QR grants access to view and to upload, and anyone who forwards it is granting that access to others.

Think about where you publish it: on an open social network it stops being private. If you believe it has spread further than intended, the remedy is to delete the album.

Photos and videos are served through signed URLs that expire, but anyone holding the album link can obtain fresh ones.

The host decides who is invited, can hide memories and can delete the whole album.

5 Content and who owns it

What you upload stays yours. By uploading it you grant us the licence strictly needed to host it, process it — converting it, generating thumbnails, web versions and the video poster — and show it to whoever has access to the album, for as long as the album exists.

We do not use your content to promote Fotara and we do not pass it to third parties.

Whoever uploads declares that they are entitled to do so and that they have the permission of the people who appear. The host is responsible for who was given access to the album.

6 Acceptable use

You may not use Fotara to:

• Publish illegal content, or sexual material involving minors.
• Publish violent, hateful or harassing content, or content inciting harm.
• Publish someone’s intimate or private images without their permission.
• Publish content you hold no rights over.
• Distribute malware or attempt to breach the service.
• Circumvent plan limits, scrape content or upload in an automated way.
• Impersonate another person or Fotara itself.

7 Taking content down

If something published in an album affects you — you appear without having allowed it, it infringes your rights or it is illegal — write to duribe@fotara.app with the album link, which memory it is and why. We review it and take it down where appropriate.

The host can also hide a memory or delete the whole album at any time.

We may remove content or close an album without prior notice where it is manifestly illegal or puts the service or other people at risk.

8 Plans, limits and retention

Free allows up to 150 memories and keeps the album for 30 days from the event date. Plus does not cap the number of memories and keeps it for 365 days. Max does not cap it either and keeps it for 1,095 days.

There are technical limits per file: 12 MB per photo, and 320 MB and 60 seconds per video.

Beyond the plan’s retention period we do not guarantee that memories remain available and we may delete them. Fotara is not a backup: download whatever you want to keep forever.

Prices and limits may change; a change does not affect an album already paid for.

9 Payments and refunds

Billing is a single payment per album, processed by Lemon Squeezy, which also acts as merchant of record and issues the receipt. Applicable taxes are calculated at their checkout.

The plan activates once the gateway confirms the payment, which can take a few minutes.

If something did not go as expected, write to us: we look at each case. Beyond that, and unless the applicable law says otherwise, purchases are not refundable.

10 Availability

Fotara is provided “as is” and “as available”. We do what is reasonable to keep it up, but we do not promise it will run without interruption or error, nor that a given file will always be processed correctly.

11 Limitation of liability

To the fullest extent permitted by law, we are not liable for indirect damages, lost profits or loss of data or content.

Our total liability towards you is limited to the amount you paid for the affected album in the twelve months before the event giving rise to the claim.

None of this limits liability that the law does not allow to be limited.

12 Suspension and closure

You can stop using Fotara whenever you like: delete an album from “Your albums”, or your entire account from your profile.

We may suspend or close an account or an album that breaches these terms, that is illegal, or that puts the service or other people at risk.

13 Governing law

These terms are governed by the law of Colombia and disputes are submitted to its courts, without prejudice to the mandatory consumer rights granted to you by the law of your country of residence.

14 Changes to these terms

We may update these terms. We publish the new version here with its date, and continuing to use Fotara afterwards means accepting it.

15 Contact

Duribe Tech, trading name of David Adrian Uribe Soto — Turbaco, Bolívar, Colombia.

Email: duribe@fotara.app.