Terms and Conditions of Use

fotia is a Software as a Service (SaaS) platform that allows the creation of digital photo galleries for events, allowing organizers to collect and view photographs uploaded by participants and guests.

The service includes:

• creation and management of photo events with a protected access code
• uploading of photographs by registered users and anonymous guests
• automatic image processing (optimization, conversion to WebP format, preservation of the original)
• organization into albums (for Premium events)
• mass export of photographs in ZIP format
• content reporting system compliant with the Digital Services Act (DSA)

fotia provides exclusively technical hosting and image management tools. fotia does not perform preventive editorial moderation activities nor does it use the contents for its own purposes.

• <strong>User:</strong> the person who creates a fotia account and acts as the organizer of the Event.
• <strong>Guest:</strong> any subject who uploads content without registering, using the Event's access code.
• <strong>Content:</strong> photographs and materials uploaded to the platform.
• <strong>Event:</strong> gallery created by a User to collect photos, with configured access, duration, and plan (basic or premium).

Access to the service can occur through registration (User) or as an anonymous guest via the Event's access code.

The User who creates the Event acts as the Data Controller pursuant to the GDPR and is solely responsible for the lawfulness of the photo collection, the sharing of the link/code with participants, and the acquisition of the necessary consents.

Guest access is governed by the Event policy configured by the organizing User: it can be open to everyone (guests) or limited only to registered members (collaborators).

fotia adopts the principle of data minimization.

4.1 Collected data

• For registered Users: full name, email, phone (optional), and acceptance of terms.
• For Guests: registration or entry of direct identifying data (e.g., name, email) is not required, except for technical data processed for security and service operation purposes.

fotia also processes technical data associated with uploads (e.g., browser type, operating system, device type, and IP address). IP addresses are kept for a limited period and subsequently deleted in accordance with the Privacy Policy.

Uploaded photographs are not analyzed for commercial profiling purposes nor subjected to facial recognition or biometric data processing. Data processing takes place in compliance with Regulation (EU) 2016/679 (GDPR).

The fotia infrastructure (database, storage, hosting, email) is configured to operate predominantly within the European Union, in compliance with applicable data protection legislation.

For more details, please refer to the Privacy Policy.

5.1 Ownership of content

Uploaded content remains the exclusive property of the person who uploads it. fotia does not acquire any commercial, promotional, or editorial usage rights over the photographs.

5.2 Technical license

By uploading content, the User or Guest grants fotia a limited, non-exclusive, and temporary license, exclusively necessary to:

• store the content in the platform's storage
• process and optimize images (conversion to WebP format, resizing, compression)
• keep the original version for download and export
• generate ZIP archives for mass export
• make the content accessible within the Event

This license terminates upon the deletion of the Event or the content.

5.3 Retention and deletion of content

Content is kept for a maximum of 30 days from the event date, unless deleted earlier. Upon expiration, all photos (original and optimized) and any exports are permanently deleted through automated procedures.

Download links for photo exports (ZIP) automatically expire 7 days after generation.

The User guarantees that the uploaded content does not violate third-party rights.

6.1 Content Reporting — Notice & Takedown (DSA)

In compliance with the Digital Services Act (EU Regulation 2022/2065), fotia provides a dedicated system for reporting illegal or inappropriate content, accessible to anyone, even without registration.

6.2 Reporting categories

• illegal content (high priority)
• copyright or intellectual property violation
• privacy violation (unauthorized photos)
• harassment or bullying
• hate speech
• non-consensual sexual content
• spam or phishing

6.3 Report handling process

fotia is committed to respecting the following timelines, in compliance with the DSA:

• <strong>Acknowledgment:</strong> usually within 24 hours of receiving the report.
• <strong>Decision:</strong> usually within 7 days of the report (usually within 24 hours for obvious illegal content).

At the end of the evaluation, fotia may:

• remove the single reported photo
• deactivate the entire associated event
• reject the report if deemed unfounded

6.4 Notifications and transparency

Both the reporter and the User who owns the event are informed via email at every stage of the process: acknowledgment, decision, and action taken.

6.5 Right of appeal

The User whose content has been removed or whose event has been deactivated receives an email communication with a link to submit an appeal. The appeal process is free and is reviewed by the platform.

6.6 Anti-abuse limits

To prevent misuse of the reporting system, there is a maximum limit of 10 reports per day per IP address.

To the extent permitted by law, fotia:

• does not guarantee the total absence of interruptions or errors,
• is not responsible for data loss caused by events not directly attributable to the platform,
• is not liable for the improper use of the service by Users,
• is not responsible for the truthfulness of the consents declared by Users (including those relating to minors).

The service is provided "as is".

The User can stop using the service at any time.

fotia reserves the right to suspend or close accounts in case of violation of these Terms, or to deactivate events following founded reports managed through the Notice & Takedown system.

Upon termination, Events and Content are deleted according to the timelines indicated in the Privacy Policy (maximum 30 days). Deletion includes all variants of photos (original and optimized) and any exports, through automated deletion procedures from storage.

fotia may update these Terms for technical, legal, or service evolution reasons. Changes will be communicated via the site or the User account.

These Terms are governed by Italian law.

For any dispute, the court of the place of establishment of the service owner will have jurisdiction, unless otherwise provided by mandatory law.