Hello, welcome to Fotop!

Fotop provides technology for photographers and/or video creators, photographed subjects (collectively, "users"), and companies that want to produce images through professionals registered in our system. The platform enables users to display and sell photos and videos produced at events, tourist attractions, and similar contexts.

In these Terms and Conditions of Use, we explain the rules for using the platform, whether you are a company representative, event organizer, photographer, photographed subject, or buyer.

Please read these terms carefully. By using the platform, you declare your agreement with the provisions described here and with future updates.

To use any service, users must agree to these Terms and Conditions of Use and to the Privacy Notice.

Important definitions:

• "Event Contractor": The legal party responsible for events or photo/video work performed.
• "Buyer": Individuals or legal entities that wish to purchase photographic services.
• "Photographed Subject": Any person whose photos/videos are captured and sold through the platform.
• "Photographer": Legal entities, individuals, or groups of photographers/video creators (18 years or older) that provide photography and/or video services.
• "Fotop" or "Platform": Fotop LTDA, CNPJ 07.936.428/0001-90, Rua Ricardo Severo, 73, Sao Paulo/SP, ZIP 05010-010, Brazil.
• "User": Any person using platform services (photographers, photographed subjects, organizers, and companies).

ATTENTION:

• Account approval is at Fotop's sole discretion.
• For legally incapacitated users, platform use must be assisted or represented by legal guardians under applicable law.
• Photos/videos published on Fotop are authored by and are the sole responsibility of the Photographer or Event Contractor.
• The Photographer/Event Contractor is responsible for published content and related intellectual property rights.
• Only images authored by the legal responsible party/Photographer, or duly assigned by rights transfer, may be published.
• Fotop may remove any photo at any time, at its sole discretion, without prior notice.
• Fotop may suspend or delete accounts that violate these Terms, applicable law, or platform values.
• Purchased photos/videos are sent without prior retouching (unless the buyer applies available customization features).
• Photographers/event organizers are responsible for obtaining required image-use permissions.

- General Conditions -

1.1 Scope. These Terms govern all activities and services offered by Fotop on its website and image sales platform.

1.2 Important Information:

* The platform connects Photographers/legal responsible parties who want to sell photos/videos with Buyers. Fotop does not guarantee sales results.
* Fotop acts as an intermediary for photo/video transactions between photographers and buyers.
* Fotop is not responsible for acts, facts, or information exchanged between users, who remain solely liable for damages caused to each other or third parties.
* Fotop may publish user service information based on profile data provided by users.

1.3 Extended Scope:

* Fotop may also manage commercial partnerships between event organizers and photographers and may subcontract photographers.
* In such cases, specific contracts may apply, with complementary obligations in addition to these Terms.

- Platform Usage Interface -

2.1 Photographer (event companies or independent professionals):

* To access all services, the Photographer must complete registration, including possible validation of documents, phone, and email. During validation, Fotop may create a digital account on a partner payment processor for payment processing and split operations.
* After registration under the Privacy Notice, the Photographer may access:

a. "Events" tab: sales statement, registered events, event opportunities, sales history, and platform training tutorial.

b. "Jobs" tab: advanced statement, job proposals, portfolio upload, and Fotop updates.

c. "Photo Store" tab: own event management and sales website customization.

d. "Graduations" tab.

2.2 Buyers (users purchasing Fotop services):

a. After registration, the Buyer can find event photos by event name or facial recognition (from uploaded images or selfie).

b. After selecting photo(s)/video(s) and resolution, the user proceeds to payment.

c. The user may choose digital delivery and, where applicable, printed photos, bundles, and photo products.

d. Orders can be tracked in the "My Orders" tab.

- Adhesion and Acceptance -

3.1 By this instrument, users agree that:

* They must accept these Terms for registration, access control, service use, and application improvements.
* By clicking acceptance, they adhere to and agree to be bound by these Terms.

- Breach of Conditions -

4.1 If users breach any condition, Fotop may terminate registration and suspend access without prior notice.

- Changes -

5.1 Fotop may modify these Terms at any time and will notify users. Changes take effect immediately after online publication.

- Questions -

6.1 Questions or suggestions can be sent through the platform or by email to sac@fotop.com.

- Use Rules -

7.1 Registration.

For use as "Photographed Subject," "Event Contractor," or "Buyer," users must access https://www.fotop.com. Registration follows user intent (selling or purchasing photos/videos) and the Privacy Notice.

For use as "Photographer," users must access https://dashboard.fotop.com. Registration follows user preference and the Privacy Notice.

After successful registration, access is generally through login and password, whose confidentiality is the user's exclusive responsibility.

Users acknowledge that false registration information may constitute a crime.

7.2 Information Verification.

Fotop may use all legal means to identify users, including requesting additional data and documents to verify personal information.

The platform may temporarily or permanently disable accounts with untrue or unconfirmed information. Users are solely responsible for profile, billing, and banking data.

7.3 Registration Irregularities.

Fotop may block new registrations or cancel existing ones when serious error or intentional circumvention of rules is detected.

7.4 Third-Party Use of Accounts.

Accounts are personal and non-transferable. Unauthorized use must be reported immediately.

Fotop is not liable for damages from third-party use of login credentials, with or without user consent.

7.4.1 User duties: protect identification data, adopt protective measures against fraud, use content diligently, and comply with these Terms.

7.5 Platform Use.

Any use outside intended purposes is prohibited, including illegal acts such as fraud and intellectual property infringement.

Illegal or suspicious activity may justify account exclusion, without prejudice to judicial or administrative sanctions.

7.6 Violation of Terms.

Fotop may close accounts at any time due to breach of these Terms, non-compliance, commercial disinterest, or legal/regulatory obligations.

- User Obligations -

8.1 Users are responsible for:

8.1.1 Not using the platform for unlawful or prohibited purposes;
8.1.2 Authorizing Fotop communications by email, phone, or instant message, including advertising;
8.1.3 Acting honestly and in good faith, avoiding privacy violations, data destruction, and service degradation;
8.1.4 Ensuring accuracy and truthfulness of provided data;
8.1.5 Damages resulting from misuse by themselves or third parties;
8.1.6 Account information, permissions, passwords, and usage mode;
8.1.7 Breaches of these Terms, platform policies, and applicable law, including resulting damages to Fotop;
8.1.8 Performing agreed services and acknowledging Fotop's non-liability for outcomes of contracted services;
8.1.9 Making payment when due, as provided in these Terms and on the platform.

- Fotop Obligations -

9.1 Fotop obligations:

9.1.1 Provide services in a secure and stable way;
9.1.2 Keep the platform updated according to judgment and market feasibility;
9.1.3 Protect confidentiality under these Terms and the Privacy Notice.

9.2 Liability limitations. Fotop is not liable for:

9.2.1 User-provided information/data;
9.2.2 User misuse of the platform;
9.2.3 Errors, fraud, falsehoods, or inaccuracies by users;
9.2.4 Third-party damages generated by users/photographers;
9.2.5 Losses of any kind, including financial losses, even from third-party acts;
9.2.6 Damages from third-party conduct, force majeure, or fortuitous events;
9.2.7 Damages caused by behavior of other users or related persons;
9.2.8 Obligations users agreed among themselves or with third parties;
9.2.9 Intellectual property violations committed by users;
9.2.10 Any user statement before, during, or after services;
9.2.11 Viruses that may affect user equipment due to internet use or data transfer;
9.2.12 Guaranteeing platform functions will fully meet user needs or be uninterrupted and error-free;
9.2.13 Image storage for more than 90 days (Fotop is not a backup service).

- Non-Exclusivity -

10. These Terms do not impose exclusivity on any party.

- Posted Content -

11. Users are fully responsible for images, information, and communications made available to Fotop, including messages, chats, videos, texts, photos, and profile content, whether public or private.

12. It is forbidden to transmit offensive, abusive, obscene, profane, threatening, intimidating, hostile, racially offensive, illegal content, or material that infringes rights of others.

13. Users may not use the platform to promote competing services or divert clients from Fotop.

- Fees and Cancellation -

14.1 Compensation.

a. Photographer registration is free, and the best usage plan should be selected according to the event.
b. Fotop charges for intermediation services and paid platform resources. Compensation may include: (i) commission over sold photos/videos; (ii) prepaid credits for features such as facial recognition and bib-number recognition.

14.2 Taxes. Fotop is not responsible for users' tax collection obligations. Users must collect/pay their own taxes under applicable law.

14.3 Fotop Commission.

Fotop's commission is a percentage over intermediation of photo sales through the platform.

This fee is owed by the photographer and applied to the gross service value, excluding user's own costs. Commission is withheld before transfer to the photographer.

The commission percentage is variable and always informed before event sign-up.

Fotop may change free platform features at any time upon user notification.

- Right of Withdrawal -

15.1 In case of purchase withdrawal, regardless of reason, payment may be refunded if requested within 7 calendar days after order completion, in these cases:

* The buyer returned the product (if printed image was selected).
* The buyer did not download images in case of digital file purchase.

15.2 Refunds are processed as follows:

* Credit card payments: refund to the same card, within up to two billing cycles.
* Bank slip or debit card payments: refund to the responsible party's bank account within up to 10 business days after product return or withdrawal notice for digital products.

15.3 Refund requests must be sent in writing to sac@fotop.com with order number, name, CPF, and email used in the order.

- Intellectual Property -

16.1 Platform Use Limits.

Users acknowledge they do not acquire intellectual property ownership over the platform, only a limited, non-exclusive, non-transferable, non-customizable, non-sublicensable license, conditioned on compliance with these Terms.

16.2 Platform Intellectual Property.

Commercial use of "Fotop," including trademark, trade name, domain name, and logo, is exclusively owned by Fotop's owners.

Copyright and industrial property rights also cover platform structure, screen content, software, website, databases, networks, and files.

By using the platform, users do not acquire rights to patents, designs, trademarks, copyrights, confidential information, trade secrets, or any other exclusive right.

All rights are protected in Brazil and internationally by applicable laws and treaties.

16.3 Intellectual Property in Images/Photos.

Photographers are solely responsible for uploading photos/videos in their name and virtual store.

Fotop is not liable for compositions/content that have been stolen, copied, plagiarized, lost, or otherwise misappropriated by photographers or event managers.

A reporting channel is available at sac@fotop.com for suspected copyright/image-right violations, legal violations, or harmful/violent exposure of users or third parties.

Users who infringe intellectual property rules may be immediately removed, without prejudice to legal measures.

Image customization by buyers using platform editing tools (crop, color, and lighting adjustment) is not considered intellectual property infringement. By accepting these Terms, Photographers accept these edits.

16.4 Authorization for Image and Voice Use.

Users agree that image and voice rights resulting from contracted services may be used by Fotop in advertising, marketing actions, transmissions, events, and any disclosure, online or offline, in Brazil or abroad, at any time, irrevocably and irreversibly, for purposes related to these Terms, without compensation claims.

16.5 Prohibitions.

Without prior written authorization, it is forbidden to reproduce, duplicate, copy, sell, resell, visit, or otherwise commercially exploit platform content.

Data mining, robots, and automated extraction tools are expressly prohibited for substantial or recurrent extraction/reuse of platform data.

Users undertake not to publish false, defamatory, or offensive content about FOTOP, its services, collaborators, or partners, without prejudice to lawful critical expression rights.

- Third-Party Relations -

The platform may provide links to third-party websites. This does not mean those websites are owned or operated by Fotop.

Because Fotop does not control those websites, it is not responsible for their content, practices, or services.

Links to other websites do not imply partnership, supervision, complicity, or solidarity with those websites or their content.

- Penalties for Violation -

Intellectual property violations against Fotop may lead to removal of the violator, in addition to legal and contractual liabilities.

- Availability -

The platform is provided "as is" and "as available."

Fotop disclaims implied warranties of merchantability, fitness for a particular purpose, and financial return. Fotop does not guarantee uninterrupted or error-free services.

Users accept that all risks from platform use are their exclusive responsibility.

17. Platform Interruptions.

Access may be interrupted, suspended, or intermittent without prior notice in case of system/server failure, maintenance, system changes, or reasons beyond Fotop's control, without indemnification.

17.1 Changes and Discontinuity. Fotop may change any platform aspect at any time and may suspend, cancel, or discontinue the platform in whole or part, temporarily or permanently, with user communication.

Such changes do not constitute breach of these Terms or create a right to indemnity or penalty, except for refunding prepaid amounts when applicable.

17.2 Personal Data. To provide quality and secure results, personal data is required under the Privacy Notice.

17.3 Modifications. Fotop may modify these Terms and the platform's appearance/functioning at any time. Changes take effect after notification by email or internet publication, unless otherwise stated. Continued use or no objection implies acceptance.

17.4 Invalidity. If any clause is deemed illegal, invalid, or unenforceable, that clause is excluded to that extent only, without affecting other clauses.

17.5 Relationship with Users. Fotop does not establish partnership, association, representation, or employment relationship with users.

17.6 Term. These Terms apply from first platform access and end when registration is deactivated, preserving liabilities for the usage period.

- Platform Engineering -

18.1 Improvement. Users acknowledge that systems/platforms/apps/services are continuously updated and improved.

18.2 Operational Errors. Platform errors will be corrected as soon as possible during required maintenance windows.

Fotop does not guarantee that servers, systems, databases, software, or website will be error/failure/interruption free.

18.3 Restrictions. It is forbidden to access Fotop programming areas, databases, or webmastering information; perform or allow reverse engineering, translation, compilation, copying, modification, reproduction, leasing, sublicensing, publication, transmission, lending, distribution, or any unauthorized disclosure of platform tools/functions. Violators are subject to Brazilian law and duty to repair damages. This also includes attempts to incorporate platform information into other directories, products, or services.

- Final Provisions -

19. Conflict Resolution.

These Terms are governed by Brazilian law. The courts of Sao Paulo/SP are elected as competent jurisdiction for disputes, to the exclusion of any other, with priority given to conciliation and mediation attempts.

Updated on April 27, 2026.