Terms of Service and Sale

1. Purpose and acceptance

These terms of service and sale govern access to and use of the Fotarca service, published by Théo Manfredi (see the legal notice). Creating an account constitutes full acceptance of these terms.

2. Service description

Fotarca is a photo hosting and delivery service for photographers: file uploads (including RAW formats), organization into albums and folders, shareable galleries with optional password protection, watermarking, download control and zip archives.

3. Account

You agree to provide accurate information and to keep your credentials confidential; any activity carried out from your account is deemed to be yours. The service is restricted to persons aged 15 or over; minors must have the authorization of their legal guardians.

4. Plans and pricing

The service offers a free plan and paid subscriptions, each with a storage quota. Prices, in euros and inclusive of taxes, are displayed on the home page and summarized before any payment. The publisher may change its prices; any increase applying to a current subscription is notified by email at least 30 days before it takes effect, and you may cancel at any time.

5. Free trial

Some plans include a free trial period stated at the time of subscription. No payment is taken before the trial ends, and the subscription can be cancelled free of charge at any time during the trial.

6. Payment, duration and cancellation

Subscriptions are monthly, payable by card through our provider Stripe, and renew automatically for one-month periods. You can cancel at any time from the billing portal (Settings, then Billing); cancellation takes effect at the end of the current period, which remains due. If a failed payment is not resolved, the account reverts to the free plan.

7. Right of withdrawal

If you are a consumer, you have 14 days from subscribing to withdraw (article L221-18 of the French Consumer Code). By subscribing, you request immediate performance of the service; if you withdraw, the price is refunded minus the value of the service already provided (article L221-25). To exercise this right, write to support@fotarca.com.

8. Your content

You remain the owner of your photos and of all content you upload. You grant Fotarca a limited, non-exclusive, worldwide license strictly necessary to operate the service: storing, resizing, generating previews, applying your watermarks and delivering content only to the people you choose to share it with.

You warrant that you hold the necessary rights to the uploaded content, including, where applicable, image rights authorizations from the people photographed.

9. Prohibited uses

The following are prohibited in particular: uploading illegal or infringing content or content violating third-party rights, any attempt to compromise the security of the service, using the service to distribute malware, and reselling the service without written agreement. A serious breach may lead to immediate suspension and then termination of the account.

10. Quotas and overage

Each plan includes a storage quota. Downgrading never deletes your files: above the quota, new uploads are blocked. If the overage persists for more than 30 days, the account may be suspended (including shared galleries) until the situation is resolved, either by returning under the quota or by changing plan.

11. Account deletion

You can delete your account at any time from the settings; deletion permanently erases your content within a technical delay of at most 30 days. The publisher may terminate an account in case of breach of these terms, after an unheeded formal notice, except for serious breaches making continuation impossible.

12. Availability and backups

The publisher uses reasonable means to ensure the availability and integrity of the service (replicated storage, versioning) but cannot guarantee uninterrupted availability. The service is a delivery and archiving tool, not your only backup: keep a copy of your original files.

13. Liability

The publisher's liability is limited to direct and foreseeable damages and capped at the total amount paid for the service during the 12 months preceding the triggering event. Nothing in these terms excludes liability that cannot be limited or excluded by law.

14. Intellectual property of the service

The Fotarca brand, logo, interface and code are protected and remain the exclusive property of the publisher. No right other than using the service in accordance with these terms is granted.

15. Changes to these terms

These terms may change. Any substantial change is notified by email at least 30 days before it takes effect; if you refuse it, you may cancel before that date, and continued use constitutes acceptance.

16. Consumer mediation

In accordance with article L612-1 of the French Consumer Code, after an unsuccessful prior written complaint sent to support@fotarca.com, any consumer may refer the matter free of charge to the following mediator: [Médiateur de la consommation à désigner], [adresse du médiateur] ([site du médiateur]).

17. Governing law

These terms are governed by French law. If you are a consumer residing in the European Union, you retain the benefit of the mandatory provisions of your country of residence. Any dispute not resolved amicably falls to the competent courts under statutory rules.