Terms of sale

These terms of sale (the "Terms") govern subscriptions to and use of the Fotomania service, an online photo library published by A L'AVANT POSTE (EURL), 3 impasse des Badamiers, 97410 Saint-Pierre (Réunion, France).

Creating an account, starting a free trial or taking out a subscription constitutes full and unconditional acceptance of these Terms. If you do not accept them, you must not use the service.

We may update these Terms, in particular to reflect legal, technical or service developments. Any substantial change is communicated to you by email or through your account, and takes effect no earlier than 30 days after that notice for ongoing subscriptions. If you do not accept the new Terms, you may cancel your subscription before they take effect; continued use of the service constitutes acceptance.

Fotomania lets you back up, organise, share and find your photos and videos from the mobile, web and desktop apps. Features and storage capacity depend on the chosen plan.

Opening an account requires a valid email address and accurate information, which you agree to keep up to date. The service is reserved for adults, or for minors duly authorised and represented by their legal guardian, the latter remaining responsible for use of the account.

Your credentials are personal and confidential: you are responsible for safeguarding them and for any activity carried out from your account, and must notify us without delay of any unauthorised use.

The current plans and prices are shown on the Pricing page. Prices are displayed in euros, all taxes included (VAT included); the pre-tax amount and applicable VAT are shown on the invoice. Subscriptions are offered monthly or yearly, the yearly option benefiting from a discount. Prices may change; any change will be communicated to you and will not affect a period already paid for.

Fotomania offers a 30-day free trial (100 GB), no credit card required. At the end of the trial, without a subscription, the account becomes read-only; without re-subscribing, data is permanently deleted 7 days later, after a warning email containing a recovery link.

Payment is made online through our European payment provider (Mollie). The subscription renews automatically at each term unless cancelled. If a renewal payment fails, we notify you by email; failing regularisation, access may be suspended and then terminated under the conditions set out below.

The subscription has no commitment: you can cancel at any time, with cancellation taking effect at the end of the current period. On the monthly plan, the current month remains due; on the yearly (prepaid) plan, access is kept until the end of the 12 months. If you subscribe as a consumer, under consumer law you have a 14-day right of withdrawal from the date of order. By requesting immediate access to the service, you agree that its performance begins before the end of that period: if you withdraw, you will be refunded within 14 days for the amounts paid, less the days of service already used (pro rata temporis). This right of withdrawal does not apply to business customers. The free trial, which involves no payment, is not affected. When a subscription is cancelled or not renewed (including for non-payment), the account becomes read-only: you can still view and download your photos for 30 days. After that period without re-subscribing, all your data is permanently deleted from our servers and our backups, after a notice sent by email with a recovery link.

You remain the sole owner of the photos, videos and other content you upload to Fotomania (your "Content"). You grant us only the technical rights strictly necessary to host, store, back up, synchronise, display and transmit your Content, for the sole purpose of providing the service; this authorisation ends when your Content or your account is deleted.

Your Content is private. It is accessible only to you and to the people you explicitly choose to share it with. Fotomania does not read, view or moderate your Content; no member of our team accesses it, except where strictly technically necessary, at your request or to preserve the integrity of the service, and always in strict confidence. No algorithm analyses your Content for advertising or commercial purposes. We do not sell, rent or disclose your Content to anyone, except where required by law or by a request from a competent authority.

You are solely responsible for your Content and for how you use the service. You warrant that you hold all the rights required over your Content and that it does not infringe any third-party rights or any legal provision.

Fotomania provides a technical hosting service and does not carry out any general monitoring of the Content stored or shared by its users. In accordance with the law, we cannot be held liable for users' Content, of which we are not aware and which we do not review in advance. You agree to indemnify Fotomania against any third-party claim arising from your Content or its sharing.

It is prohibited to store, share or distribute through the service any content that is unlawful or infringes third-party rights, in particular: infringing content or content violating intellectual property rights; child sexual abuse material; content inciting hatred, violence or terrorism; defamatory content or content contrary to public order and applicable law. Nor may the service be used to compromise the security or stability of our infrastructure.

Any third party who considers that content shared through Fotomania is unlawful may report it to us at contact@fotomania.app, specifying the content concerned, its location (for example the share link) and the legal grounds for the report. As soon as we become aware of manifestly unlawful content, we act promptly to remove it or make it inaccessible, and may suspend or terminate the account concerned.

You agree to use the service lawfully and fairly. Although we carry out regular backups of our infrastructure, these constitute a best-efforts obligation: we recommend that you also keep a personal copy of your most important Content.

We do our utmost to ensure the availability, integrity and security of the service, as a best-efforts obligation; we do not guarantee the complete absence of interruption, error or data loss. Our liability is limited to direct and proven damages and, in any event, cannot exceed the amounts you have paid for the subscription over the last twelve (12) months. We cannot be held liable for indirect damages (data loss attributable to the user, commercial loss, loss of business, etc.).

Our liability cannot be engaged in the event of force majeure or an event beyond our reasonable control (network outage, provider failure, disaster, etc.), nor in the event of fault by the user or a third party.

In the event of a breach of these Terms — in particular storing or sharing unlawful content, non-payment, or use that compromises the security of the service — we may suspend or terminate your access, where appropriate without notice when the seriousness justifies it or at the request of a competent authority. Except where required by law, such termination does not give rise to any refund.

The processing of your personal data is described in our Privacy policy.

These Terms are governed by French law. Any complaint may be sent to us at contact@fotomania.app; we do our best to respond as quickly as possible and to seek an amicable solution first.

If the customer acts as a consumer (for purposes outside their professional activity), they keep the benefit of the statutory rules of jurisdiction and may, in particular, bring the matter before the court of their place of residence or that of the publisher's registered office. They may also use, free of charge, the European online dispute resolution platform: https://ec.europa.eu/consumers/odr.

If the customer acts as a business, any dispute relating to the formation, performance or interpretation of these Terms falls, failing an amicable solution, within the exclusive jurisdiction of the courts of the publisher's registered office (Saint-Pierre, Réunion), including in the event of multiple defendants, third-party proceedings or urgent proceedings.

If any provision of these Terms is held to be void or unenforceable, the remaining provisions retain their full force and effect.