Fotom

Fotom

Terms of Service

Last updated: June 9, 2026

These Terms of Service (“Terms”) govern your use of the Fotom mobile application (“the App”, “Fotom”) published by Nixmio (“we”, “us”, or “our”). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

1. The App

Fotom is a loyalty card wallet for iPhone. It lets you add loyalty and store cards, store them on your device for offline access, personalize them, and optionally sync them to the cloud and share them with others.

2. License

Subject to your compliance with these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the App on Apple devices that you own or control, in accordance with the Apple Media Services Terms and Conditions and the usage rules in Apple's App Store Terms. The App, and all trademarks, copyright, database rights, and other intellectual property rights related to it, remain owned by Nixmio.

3. Acceptable use

You agree not to:

  • reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except where applicable law permits;
  • modify, adapt, translate, or create derivative works of the App;
  • remove, obscure, or alter any proprietary notices in the App;
  • use the App in any unlawful manner or in violation of any applicable law or regulation;
  • use the App to store or share content you are not authorized to use, or in a way that infringes the rights of others.

4. Subscriptions and in-app purchases

Full access to Fotom is available through an auto-renewing subscription sold through the Apple App Store.

  • Pricing, billing period, and currency are presented before purchase and are governed by Apple's App Store Terms.
  • Your subscription automatically renews at the end of each billing period unless you cancel it at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours before the period ends.
  • You can manage or cancel your subscription at any time in your Apple ID settings (Settings → your name → Subscriptions). Canceling stops future renewals; the current paid period remains active until it ends.
  • Your subscription unlocks full access on the devices associated with your Apple ID. You can restore purchases through the App if you reinstall or change devices.
  • Refunds are handled exclusively by Apple. We cannot issue refunds directly. To request a refund, contact Apple using the procedure at support.apple.com/HT204084.

The standard Apple End User License Agreement (EULA) applies to your use of the App. It is available at apple.com/legal/internet-services/itunes/dev/stdeula.

5. Your content

You are responsible for the cards, images, and other content you add to the App. You retain your rights to your content. You are responsible for ensuring you are permitted to store and use the loyalty cards you add, and for keeping your device and account secure.

6. Privacy

Your use of the App is also subject to our Privacy Policy, which explains what information the App processes, including optional cloud sync, analytics, and crash reporting.

7. Disclaimer of warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA WILL BE PRESERVED. YOU USE THE APP AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in full.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NIXMIO, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, INCLUDING WITHOUT LIMITATION ANY LOSS OR CORRUPTION OF CARDS OR OTHER DATA.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US (THROUGH APPLE) FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, IF YOU PAID NOTHING, USD 5.00. Some jurisdictions do not allow these limitations, so they may not apply to you in full.

9. Indemnification

You agree to defend, indemnify, and hold harmless Nixmio and its affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party right or applicable law.

10. Third-party services

The App relies on services provided by Apple Inc. and by Google (Firebase). Your use of those services is also subject to their respective terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third-party services. Certain features require an internet connection; we are not responsible for any mobile data or roaming charges you incur while using the App.

11. Termination

These Terms remain in effect while you use the App. You may terminate them at any time by deleting the App. We may suspend or terminate your license to use the App at any time, without notice, if we reasonably believe you have violated these Terms or if continued availability of the App becomes commercially or legally impractical. Sections that by their nature should survive termination (including Sections 7, 8, 9, 13, and 14) will survive.

12. Apple-specific terms

You and we acknowledge that these Terms are between you and Nixmio, not with Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

13. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which Nixmio is established, without regard to its conflict-of-laws rules. To the extent permitted by applicable law, you agree that any dispute arising out of or in connection with these Terms or the App will be resolved exclusively in the courts of that jurisdiction. Nothing in this section deprives you of the protection of mandatory consumer-law rules in your country of residence.

14. Marketing website (fotom.nixmio.com)

These Terms also apply to your use of the Fotom marketing website. The website is for general information about the App and may use cookies as described in our Privacy Policy. You agree not to misuse the website (for example by attempting to disrupt services or submitting unlawful content). Website content is provided “as is” without warranty.

15. Changes to these terms

We may update these Terms from time to time. The “Last updated” date at the top of this document indicates when the Terms were last revised. Material changes will be surfaced in the App or on this page. Continued use of the App after changes are posted constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact us at hello@nixmio.com .