Foteza — Terms & Conditions
Effective Date: July 6, 2026

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT OR USING THE FOTEZA PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS.

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1. ABOUT FOTEZA
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Foteza Inc. ("Foteza," "we," "us," or "our") operates the Foteza mobile application and associated web services (the "Platform"). Foteza serves two kinds of users:

• Creators & Businesses — who use Fozi AI Director (a real-time, on-camera AI filming coach), automated social media posting, and comment-to-DM automation to grow their audience.
• Creatives — independent videographers and filmmakers who apply to in-person filming campaigns posted by businesses, deliver video content, and are paid through the Platform.

These Terms apply to everyone. Section 9 contains additional terms that apply only if you use the Platform as a Creative.

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2. ACCOUNT ELIGIBILITY & REGISTRATION
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To use the Platform you must:
• Have legal authority to bind your business, or capacity to contract in your jurisdiction as an individual.
• Provide accurate, current, and complete account information.
• Maintain the security of your login credentials.
• Notify us immediately at support@foteza.com of any unauthorised access.

2.1 Age Requirement. You must be at least 18 years of age to use the Platform. By creating an account you represent and warrant that you meet this requirement. Receiving payments through Stripe Connect (Creatives) also requires you to be of legal age in your jurisdiction.

Foteza reserves the right to suspend or terminate accounts that violate these Terms.

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3. FOZI AI DIRECTOR & AI-GENERATED CONTENT
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3.1 How It Works. Fozi AI Director ("Fozi") uses your device's camera and microphone during active filming sessions to analyse your scene and provide spoken coaching, teleprompter scripts, and shot suggestions in real time. Fozi's spoken responses are synthesised using third-party AI voice technology (currently ElevenLabs), and its scene/content analysis is powered by third-party AI models (currently Anthropic's Claude). By starting a filming session you consent to your device capturing and transmitting camera and microphone input to these providers solely to generate your coaching session.

3.2 Voice Options. You may select a licensed pre-set narrator voice, or, where available, submit a voice sample to generate a synthetic voice used for Fozi's spoken coaching. Fozi's voice output is used only to coach you during filming — it is not published as your own voice and must not be represented as such.

3.3 Nature of AI Output. Fozi outputs (coaching, scripts, shot suggestions, captions, or any other AI-generated text, audio, or analysis) are automatically generated and are NOT professional legal, medical, financial, marketing, or safety advice. AI outputs may be inaccurate, incomplete, or unsuitable for your situation. You are solely responsible for reviewing and deciding whether to use any AI-generated output before publishing it.

3.4 Content You Create. You retain full ownership of the video, audio, and written content you record or generate using the Platform ("Your Content"). You are solely responsible for ensuring Your Content is truthful, non-deceptive, lawful, and compliant with the policies of every platform on which you publish it.

3.5 AI Disclosure — No "AI-Washing." You agree not to misrepresent the nature or extent of AI involvement in Your Content where such disclosure is required by law or by the policies of the platform on which you publish (for example, Meta's AI-generated content labelling requirements or the FTC's guidance on deceptive AI claims). You are responsible for applying any AI-content labels required by the platforms you post to. Separately, Foteza will not misrepresent Fozi's capabilities, accuracy, or the results you can expect from using it, and Fozi is not represented as a human reviewer, licensed professional, or guarantee of any particular outcome.

3.6 No Guarantee of Performance. Foteza does not guarantee views, followers, engagement, leads, sales, or any other outcome from using Fozi, the Platform, or any content produced with their assistance. Any performance figures, testimonials, or case studies shown in the app or our marketing are illustrative only and are not a promise of similar results for you.

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4. SOCIAL MEDIA AUTOMATION & POSTING
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4.1 Connected Accounts. Foteza integrates with third-party social platforms (including Instagram, Facebook, TikTok, YouTube, X, and LinkedIn) through our social infrastructure provider, Zernio, to let you schedule and publish posts, and run comment-triggered auto-DM automations, directly from the Platform.

4.2 Your Compliance Responsibility. You are solely responsible for ensuring your use of auto-posting and comment-to-DM automation complies with each connected platform's terms of service, developer policies, and all applicable anti-spam, privacy, telemarketing, and consumer-protection laws. Foteza is not responsible for any enforcement action a platform takes against your account as a result of how you configure or use these features.

4.3 Contacts & Automation Data. When someone comments a trigger keyword or otherwise interacts with one of your automations, we and our infrastructure provider create a record of that interaction (e.g., their platform username and message count) so you can see who your automations have reached ("Contacts"). You agree to use Contacts data only for your own legitimate communications with people who have engaged with you directly, and not to sell, rent, or transfer it to unrelated third parties, and not to use it in a way that violates the connected platform's policies or applicable law.

4.4 Platform Outages. Foteza does not control, and is not responsible for, outages, API changes, policy changes, rate limits, or account actions imposed by Instagram, Meta, TikTok, YouTube, X, LinkedIn, or any other connected platform.

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5. PAID ADVERTISING
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5.1 Where available, Foteza's ad tools assist you in creating and managing paid campaigns on connected ad platforms (such as Meta Ads). You must have a valid ad account with the relevant platform to use these features.

5.2 Ad spend is billed directly by the ad platform to your connected payment method. Foteza does not charge for ad spend and is not responsible for the ad platform's billing, account limits, or ad approval decisions.

5.3 You are solely responsible for ensuring your ad content, targeting, and spend comply with the applicable platform's advertising policies and all applicable laws, including truth-in-advertising and consumer protection laws.

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6. SUBSCRIPTIONS & BILLING
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6.1 In-App Purchases. Foteza's paid subscription (currently "Fozi AI Director") is sold and billed through Apple's App Store. By subscribing you agree to Apple's Media Services Terms and Conditions in addition to these Terms.

6.2 What's Included. Core automation and posting tools are offered free of charge. The paid subscription unlocks the Fozi AI Director filming experience. Included features are described in the app at the time of purchase and may change from time to time.

6.3 Free Trial. Subscriptions may include a free trial period, as disclosed at the time of purchase. Your subscription automatically converts to a paid, auto-renewing subscription at the end of the trial unless you cancel before the trial ends through your Apple ID subscription settings.

6.4 Auto-Renewal. Subscriptions automatically renew for the same term unless cancelled at least 24 hours before the end of the current period, through your Apple ID subscription settings. Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period.

6.5 Cancellation & Refunds. You may cancel at any time through your Apple ID subscription settings; cancellation takes effect at the end of the current billing period. Refunds are governed by Apple's refund policy and are issued by Apple, not Foteza. If the Platform isn't working for you, contact support@foteza.com — we're happy to help and, where appropriate, will request a refund on your behalf, but we do not control whether or when Apple issues it.

6.6 Pricing Changes. Foteza may update subscription pricing. Any price change will be disclosed in advance in accordance with Apple's requirements and will apply starting at your next renewal.

6.7 No Guarantee of Results. Foteza does not guarantee any minimum audience growth, lead volume, or other business outcome from your subscription.

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7. ACCEPTABLE USE
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You agree not to:
• Post unlawful, harmful, deceptive, or misleading content.
• Misrepresent AI-generated content as fully human-made where disclosure is legally required.
• Use automated tools to scrape, extract, or reverse engineer Platform data or functionality.
• Use Fozi or any AI feature to impersonate a real person without consent, defame anyone, or generate content that infringes a third party's rights.
• Use comment-to-DM automation, contact data, or any messaging feature to spam, harass, or contact people outside the scope they engaged with you.
• Upload content you do not have the rights to use, including copyrighted audio, video, or images belonging to others.
• Collect or process personal data of others in violation of applicable privacy law.
• Use the Platform for any purpose other than operating your legitimate business or creator activity.

Violations may result in content removal, feature restrictions, or immediate account termination.

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8. INTELLECTUAL PROPERTY
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8.1 Foteza retains all rights to the Platform, its design, software, and trademarks. Nothing in these Terms transfers any Foteza intellectual property to you except the limited licence to use the Platform as intended.

8.2 Subject to the rights of our AI service providers in their underlying models, AI-generated video, audio, and text produced at your direction using the Platform belongs to you. You are responsible for ensuring your use of such content does not infringe any third party's rights.

8.3 Your profile content (portfolio images, reels) remains your property, but you grant Foteza a licence to display it within the Platform for matching and promotional purposes.

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9. ADDITIONAL TERMS FOR CREATIVES
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This section applies only if you use the Platform as a Creative (videographer/filmmaker applying to filming campaigns).

9.1 Campaign Applications. By submitting an application to a campaign, you represent that you meet the stated requirements, your proposed rate is within the business's stated range, and you are available within the specified timeline. Businesses review applications at their discretion; an application does not guarantee selection. Once accepted, you must not accept campaigns you do not intend to complete — repeated cancellations or no-shows may result in suspension.

9.2 Content Creation & Deliverables. You agree to produce original content meeting the campaign brief and Foteza's quality standards. By uploading a deliverable you grant the business a worldwide, royalty-free licence to use it for the purposes specified in the campaign brief; you retain ownership but cannot re-sell the same deliverable to a competitor. You must not submit content that is defamatory, obscene, infringing, depicts illegal activity, is AI-generated or stock footage presented as original, or was created under the influence of substances that impair judgement.

9.3 Filming Sessions. The Platform includes a filming timer for billing purposes. You are solely responsible for your personal safety and the safety of others during filming, and for complying with all applicable laws (property access, privacy, traffic, safety). Foteza does not supervise filming sessions and is not liable for injuries, accidents, property damage, or legal violations occurring during filming.

9.4 AI Deliverable Review. Deliverables may be processed by AI tools (currently Anthropic's Claude) to generate a quality assessment score shared with the reviewing business as a guidance tool. This does not constitute final rejection — approval is the business's decision.

9.5 Revisions. Businesses may request reasonable revisions within the campaign's specified timeframe. Revision requests are not refusals of payment for work already completed.

9.6 Payment & Stripe Connect. Payouts are made via Stripe Connect; you must connect a valid Stripe account and agree to Stripe's Connected Account Agreement (stripe.com/connect-account/legal). Funds transfer after the business approves your deliverable, subject to Stripe's standard processing times (typically 2–7 business days). Foteza deducts a service fee, disclosed in-app before you accept a campaign. You are an independent contractor solely responsible for your own taxes; Foteza does not withhold on your behalf and does not guarantee any minimum earnings or leads. Nothing in these Terms creates an employment relationship.

9.7 Per-Lead & Session Earnings. Where campaigns offer per-lead compensation, rates are shown before you apply, and leads are attributed based on Foteza's tracking. Filming sessions logged via the in-app timer must accurately reflect your actual time on-site. Falsifying session hours or generating fake, duplicate, or fraudulent leads is grounds for immediate account termination and forfeiture of related earnings.

9.8 Advertising Disclosure & FTC Compliance. When you post content as part of a paid Foteza campaign, you are required by law to clearly and conspicuously disclose your paid relationship with the brand (e.g., #Ad, #Sponsored, "Paid partnership with [Brand]"), per the FTC Endorsement Guides (16 CFR Part 255), Canada's Competition Bureau guidelines, or the UK's ASA/CAP guidelines as applicable. Tagging a brand or using an affiliate link without disclosure is NOT sufficient. If any portion of your deliverable is AI-generated or AI-assisted, you must not present it as fully original human work where doing so would be a material misrepresentation, and you must comply with any AI-content labelling required by the platform you post to. Failure to disclose may result in regulatory action against you personally; Foteza is not liable for your failure to disclose, though repeated non-compliance may result in suspension.

9.9 Social Media Platform Compliance. You are responsible for ensuring your participation complies with the terms of service of every platform you post to (TikTok, Instagram, YouTube, etc.), including branded-content and creator-monetization policies. Foteza does not monitor your compliance and is not liable for platform enforcement action against your account.

9.10 Content Integrity, Lead Honesty & Conduct. You agree you will NEVER, directly or indirectly: generate fake, duplicate, bot-driven, or self-submitted leads; falsify filming session hours or deliverable metadata; use automated tools to inflate any performance metric; or instruct/assist anyone else to do so. If you access a lead's contact information through a campaign, you are strictly prohibited from contacting, soliciting, or sharing it outside the business's explicit instructions. You agree not to use your access to a business through Foteza to establish a direct, off-platform relationship that circumvents Foteza's service fee — if a business approaches you for off-platform work, you must notify support@foteza.com. Foteza uses automated tools to detect anomalies (abnormal lead velocity, duplicate submissions, session time inconsistencies). If Foteza determines you violated this section: your account will be immediately and permanently suspended; pending/future payouts for the affected campaign are forfeited; the business will receive a full or partial refund; you agree to pay Foteza liquidated damages of CAD $500 per fraudulent submission as a reasonable pre-estimate of harm, which may be pursued through civil action; and Foteza reserves the right to pursue all available civil remedies including recovery of payments plus legal costs. If you believe you were flagged in error, submit a written challenge to support@foteza.com within 14 days; Foteza will review within 10 business days, though a challenge does not automatically reinstate your account.

9.11 Goals & Analytics. Analytics and goal-tracking features are informational only. Foteza does not guarantee specific earning or performance outcomes. Social media API data used for analytics may be delayed up to 48 hours and is subject to third-party API availability.

9.12 Fozi AI Assistant for Creatives. The Platform includes an AI-powered chat assistant ("Fozi") providing content strategy suggestions and campaign guidance, powered by third-party AI models (currently Anthropic's Claude). Fozi's responses are not professional legal, financial, or marketing advice; you use them at your own risk.

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10. INDEMNIFICATION
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You agree to indemnify, defend, and hold harmless Foteza, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) Your Content, including AI-generated content you publish; (c) your use of automated posting, comment-to-DM, or ad features; (d) your violation of any platform's terms of service or applicable law, including AI-disclosure or advertising-disclosure obligations; (e) your violation of these Terms; (f) your infringement of any third party's intellectual property or other rights; and, if you are a Creative, (g) your content or actions during filming, including injuries, accidents, or property damage; (h) any fraudulent leads or falsified session data you submitted; or (i) any unauthorised contact with a business's leads or clients.

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11. DISCLAIMERS & LIMITATION OF LIABILITY
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THE PLATFORM, INCLUDING FOZI AI DIRECTOR AND ALL AI-GENERATED OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE." FOTEZA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR UNINTERRUPTED SERVICE. FOTEZA DOES NOT GUARANTEE A MINIMUM NUMBER OF CAMPAIGN OPPORTUNITIES, EARNINGS, VIEWS, LEADS, INSTALLS, OR SALES.

FOTEZA IS NOT RESPONSIBLE FOR: OUTAGES OR POLICY CHANGES ON ANY CONNECTED SOCIAL PLATFORM; INTERRUPTIONS OR ERRORS FROM OUR AI OR AUTOMATION SERVICE PROVIDERS (INCLUDING ANTHROPIC, ELEVENLABS, ZERNIO, OR STRIPE); THE ACCURACY OF AI-GENERATED CONTENT; SOCIAL MEDIA ALGORITHM CHANGES; OR ANY BUSINESS, CREATOR, OR CREATIVE OUTCOME FROM USE OF THE PLATFORM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOTEZA'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO (OR, FOR CREATIVES, WERE PAID TO YOU THROUGH) FOTEZA IN THE 3 MONTHS PRIOR TO THE CLAIM, OR (B) CAD $100.

FOTEZA IS NOT LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR THE ACTS OR OMISSIONS OF ANY THIRD-PARTY SERVICE OR PLATFORM WE INTEGRATE WITH.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL.

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12. TERM & TERMINATION
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These Terms remain in effect while you use the Platform. Either party may terminate at any time. Your subscription continues until cancelled through Apple ID Settings. We may suspend or terminate your access immediately for a material breach of these Terms, including violations of Sections 3.5, 4.2, 7, or 9.10. For Creatives, outstanding approved earnings will be paid out following termination unless forfeited under Section 9.10.

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13. CHANGES TO THESE TERMS
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We may update these Terms from time to time. We will notify you via the app or email of material changes. Continued use of the Platform after the effective date of an update constitutes acceptance of the updated Terms.

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14. GOVERNING LAW & DISPUTES
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These Terms are governed by the laws of the Province of Manitoba, Canada, without regard to conflict-of-law principles. You and Foteza agree to attempt to resolve any dispute informally by contacting support@foteza.com before pursuing formal proceedings. Subject to that, the courts of Winnipeg, Manitoba have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Platform.

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15. CONTACT
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Foteza Inc.
Email: support@foteza.com