FotoMagic Effective Date: January 28, 2026
By accessing or making use of the Services provided by FotoMagic, you confirm your acceptance of and willingness to abide by these Terms of Service. Should you not agree with any portion of these Terms, you should discontinue your use of the Services immediately.
Some functionality within our Services may necessitate the creation of a user account. You bear full responsibility for safeguarding your authentication details and for all actions performed through your account. When registering, you agree to supply accurate, current information and to keep it updated as needed.
You are entirely accountable for your use of the Services and for any content generated through them—encompassing videos, text, data, and other materials—regardless of whether it is made public or remains private (collectively referred to as "User Content"). Ownership of all User Content you produce remains with you. Any images or videos generated via our Services are stored solely on your personal device and are not transmitted to or maintained on our servers. You recognize your duty to observe all relevant laws while using the Services and producing or handling User Content.
You must at all times ensure your User Content does not:
In addition, you acknowledge and commit not to partake in, or permit any third party to partake in, any of the following when using our Services:
FotoMagic respects the intellectual property rights of others and expects its users to act accordingly. We will swiftly investigate and respond to any claims of alleged copyright violation, taking suitable action under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
Our platform may contain links to or connections with third-party services and platforms (such as Facebook, Instagram, and other social media networks) managed by external parties. We have no authority over these external websites or services and assume no liability for their content or operations. The inclusion of such links does not imply our endorsement of the providers. Use of third-party services is governed by their respective terms, and we disclaim all responsibility for your interactions with or the conduct of any third-party service. Please note that we do not store your sensitive personal data—such as login information, user identifiers, or passwords—on any third-party platform linked to our Services.
You may encounter advertisements as part of your engagement with our Services.
You agree to protect, indemnify, and hold harmless FotoMagic, together with its officers, directors, staff, representatives, and all related entities, from any and all claims, disputes, expenses, losses, obligations, damages, costs, and judgments of every nature—including reasonable legal and accounting fees—arising out of or connected with (a) your use of the Services, (b) your User Content, or (c) any violation of these Terms by you.
Except where expressly provided in these Terms, neither we, our affiliates, subsidiaries, nor any Licensors make any representations or guarantees—whether express or implied—including warranties of merchantability or suitability for a specific purpose. We and our associated entities explicitly deny all warranties not outlined herein. To the maximum extent permissible by law, any implied warranties are confined to the boundaries of these Terms.
These Terms constitute the entire understanding between you and FotoMagic on the matters addressed, superseding all earlier written or oral discussions, proposals, and arrangements, including any terms in purchase orders.
We retain the right to assign these Terms, or any rights and duties hereunder, to a third party without providing you advance notice. The failure of either party to enforce any right under these Terms shall not be deemed a waiver of that or any other right. Should any clause of these Terms be found invalid or unenforceable, the remaining clauses shall remain fully operative.
If a disagreement arises with FotoMagic, you agree to first seek an informal resolution with us. Both parties agree to settle any dispute connected to or stemming from this Agreement in line with AppStore's guidelines.
These Terms shall be construed and applied under the laws of the State of California, excluding its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You consent to the jurisdiction of the courts located in California for the resolution of any disputes related to these Terms or the Products.
If you have any questions or comments about these Terms, feel free to email us at rizwanairshad35@gmail.com.