Terms & Conditions

1. Custom Manufacturing & Order Acceptance

All FotoATM kiosks are custom-built to order. Upon placement of your order:

• We begin sourcing components and manufacturing your kiosk within 1–3 business days of order confirmation.
• Each kiosk is assembled, tested, and configured specifically for your order.
• Orders are binding as of the date submitted and may not be canceled or changed once manufacturing has begun.
• Estimated delivery is approximately 90 days from order receipt (see Shipping Policy for details).

2. Pricing, Payment & All Sales Final

• Hardware Purchase: Full payment is due at time of order via credit card, debit card, or ACH bank transfer processed through Stripe. No partial payments or installment plans are offered directly; leasing is available through our partner Click Lease for qualified buyers.
• Software License: Software license fees are billed upon the start of the Customer's subscription, either monthly or annually, depending on the selected tier. A 30-day free trial is included with hardware purchases.
• Leasing: Equipment leasing is available through our financing partner, Click Lease. Lease terms, approvals, and payments are governed by Click Lease's separate terms and conditions.

3. Acknowledgment of Custom Manufacturing

Customer acknowledges and agrees that:

• The Equipment is custom-manufactured specifically for Customer's order and cannot be returned to stock or resold to other customers.
• Company incurs substantial and irrecoverable costs for materials, labor, component procurement, and manufacturing immediately upon order confirmation.
• The no-refund and no-cancellation policy exists because of the irreversible nature of the custom manufacturing process.
• Customer has had the opportunity to ask questions, request demonstrations, and evaluate the product before placing an order.
• By checking the acceptance box during checkout and completing the purchase, Customer is providing their electronic signature and entering into a legally binding agreement under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act (UETA). This electronic acceptance has the same legal force and effect as a handwritten signature.

4. Cancellation Policy & Fees

• Within 24 hours of order: Customer may request cancellation. A non-refundable cancellation fee of 15% of the total order amount shall be retained to cover administrative costs, payment processing fees, and committed procurement. Company is under no obligation to accept any cancellation request even within this window.
• After 24 hours: No cancellation is permitted under any circumstances. Manufacturing materials have been ordered, labor has been allocated, and component procurement is irrevocable. Customer remains liable for the full purchase price regardless of whether the equipment has shipped. No partial refunds, credits, or exceptions will be issued.
• Refusal of delivery: If Customer refuses delivery after the 24-hour window, Section 6 (Refusal of Delivery) applies and Customer remains liable for the full purchase price plus all shipping and storage costs.

5. Payment Disputes & Chargebacks

• Customer agrees not to initiate a chargeback, payment dispute, or credit card/ACH reversal for any reason other than unauthorized use of their payment method (fraud).
• Customer agrees to contact Company directly at Sales@fotoatm.com or 470-210-6187 to attempt to resolve any dispute before initiating a chargeback or payment dispute with their bank or credit card company. Customer acknowledges that filing a chargeback without first contacting Company constitutes a breach of these Terms.
• If Customer initiates a chargeback that is resolved in Company's favor, Customer agrees to pay a chargeback administration fee of $250 to cover the chargeback processing fee and administrative costs.
• If Customer initiates a chargeback after having accepted delivery of Equipment, Customer acknowledges this constitutes a breach of these Terms and Company may pursue the full amount owed plus collection costs, reasonable attorney's fees, and the chargeback administration fee.
• Company reserves the right to report unresolved chargeback disputes to credit reporting agencies and/or refer the account to a collections agency.
• Customer agrees that acceptance of these Terms and completion of purchase constitutes acknowledgment that no chargeback right exists for buyer's remorse, change of mind, or dissatisfaction with a product that conforms to its published description and specifications.

6. Refusal of Delivery & Restocking

• If Customer refuses delivery or fails to be available to accept delivery after reasonable scheduling attempts (minimum two attempts), Customer remains liable for the full purchase price plus all shipping costs (outbound and return freight).
• Refused or undeliverable Equipment will be held in storage at Customer's expense at a rate of $25 per day for up to 30 days, after which Company may dispose of or resell the Equipment at its sole discretion.
• Any resale proceeds will be credited against Customer's outstanding balance, but Customer remains liable for any deficiency (the difference between the original purchase price and the resale price, plus all associated costs).
• In the event Company agrees, in its sole discretion, to accept a return for any reason, a minimum restocking fee of 25% of the purchase price shall apply, plus actual return shipping costs. Equipment must be returned in its original packaging, undamaged, and in as-shipped condition.

7. Remedies for Breach

In the event of any breach of these Terms by Customer, including but not limited to initiating an unauthorized chargeback, refusing delivery, or attempting to cancel a confirmed order, Company shall be entitled to recover from Customer:

• The full purchase price of the Equipment.
• All costs and expenses incurred, including manufacturing costs, shipping costs (outbound and return), storage costs, and administrative costs.
• Reasonable attorney's fees and collection costs.
• Interest at the rate of 1.5% per month (18% per annum) on all unpaid amounts from the date of breach.
• The chargeback administration fee of $250 per occurrence, if applicable.

These remedies are cumulative and in addition to any other remedies available at law or in equity.

8. Taxes & Duties

• Illinois customers will be charged applicable sales tax.
• All other customers are responsible for remitting any applicable local taxes and import duties.
• Prices displayed on the website do not include applicable taxes unless stated otherwise.

9. Shipping & Delivery

• Equipment is shipped via freight carrier to the location specified by the Customer.
• Flat-rate shipping of $899 applies to all domestic (US) orders.
• Estimated delivery is approximately 90 days from order confirmation. This timeline accounts for component sourcing, custom assembly, quality testing, software configuration, and shipping.
• Signature is required upon delivery. Customer must inspect equipment at time of delivery and note any visible shipping damage on the carrier's delivery receipt.
• Risk of loss during transit remains with Company. Risk transfers to Customer upon delivery and signed acceptance.
• International shipping is available by consultation only — contact Sales@fotoatm.com for a quote.

See our Shipping Policy for full details.

10. Software License

The FotoATM Software ("Software") is licensed, not sold. Your license is limited, non-exclusive, and non-transferable.

Customer may not:

• Share, sell, sublicense, copy, modify, decompile, or reverse engineer the Software.
• Use the Software on equipment other than FotoATM-manufactured kiosks.
• Remove or alter any proprietary notices, labels, or marks.
• Use the Software to develop competing products or services.
• Allow third parties to access the Software without prior written consent from Company.

All intellectual property rights in the Software, including but not limited to source code, algorithms, user interface design, and documentation, remain the exclusive property of Company. Updates and new features are provided while the account remains in good standing.

Data Ownership: Customer retains ownership of all data collected through the kiosk (customer emails, photos, analytics). Company may collect anonymized, non-personally identifiable usage data for product improvement purposes.

11. Warranty

• Equipment: One (1) year limited warranty from delivery date covering defects in materials, workmanship, and performance under normal use. Warranty does not cover damage caused by misuse, unauthorized modification, accident, water damage, power surges, or normal wear and tear.
• Software: Provided "as is." Company makes no guarantee of uninterrupted or error-free operation and disclaims all implied warranties including merchantability and fitness for a particular purpose to the maximum extent permitted by law.
• Defect Reporting: Customer must report any defects or issues within 10 calendar days of delivery for shipping damage, or within the warranty period for manufacturing defects. Failure to report within these timeframes may void warranty coverage for that issue.

12. Support & Training

Company will provide:

• Remote setup and configuration via TeamViewer at no additional cost.
• Troubleshooting and remote support during business hours.
• Basic training for staff on kiosk operation.
• Access to replacement parts and media supplies.
• Software updates and feature improvements while subscription is active.

13. Indemnity & Limitation of Liability

Customer shall indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from Customer's use or misuse of the Equipment or Software.

Company's total aggregate liability under these Terms shall not exceed the total purchase price paid by Customer for the specific Equipment or Software giving rise to the claim. In no event shall Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, loss of data, or business interruption, regardless of the form of action or theory of liability.

14. Default, Late Payment & Termination

• Failure to pay software subscription fees or meet obligations may result in suspension or termination of software services and licenses.
• A late fee of 1.5% per month will be charged on any unpaid software subscription balance after 30 days. After 60 days, the rate increases to 2% per month. After 90 days, 2.5% per month.
• Company reserves the right to suspend software access if payment is not received within 30 days of the invoice date.
• Either party may terminate the software license with 7 business days' written notice. Upon termination, Customer must cease all use of the Software. No refunds will be issued for the remaining term of any prepaid annual subscription.

15. Title & Security Interest

Company retains a security interest in the Equipment until full payment is received and verified. Customer agrees to execute any documents necessary to protect this interest and acknowledges that Company may file a UCC-1 financing statement to perfect its interest. Equipment may not be sold, transferred, or used as collateral without prior written consent from Company until the security interest is released.

16. Confidentiality

Both parties agree to keep confidential information private and not to share it without prior written consent. This includes but is not limited to pricing arrangements, business terms, technical specifications, and proprietary business information.

17. Acceptable Use Policy

Customer agrees not to use the Equipment or Software for any illegal, offensive, or unauthorized purpose, including but not limited to posting or printing defamatory, obscene, or copyrighted content without permission. Violation of this policy may result in immediate termination of software access without refund.

18. Insurance

Customer agrees to maintain sufficient property and liability insurance coverage for the Equipment during the term of this agreement. Company shall be listed as a loss payee on such policies upon request.

19. Data Privacy

Company may collect non-personally identifiable usage data from the kiosks for product improvement, analytics, and support. Customer is responsible for complying with all applicable data privacy regulations (including but not limited to CCPA, GDPR where applicable) regarding customer data collected through the kiosk. See our Privacy Policy for more information.

20. Force Majeure

Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, supply chain disruptions, semiconductor shortages, pandemics, or government actions.

21. Dispute Resolution & Governing Law

These Terms shall be governed by the laws of the State of Illinois. Customer agrees to contact Company directly at Sales@fotoatm.com or 470-210-6187 to attempt to resolve any dispute before initiating a chargeback, payment dispute, or legal action. Any disputes arising under these Terms shall first be subject to good-faith negotiation for a period of thirty (30) days. If unresolved, disputes shall be resolved exclusively in the courts of Cook County, Illinois. Both parties irrevocably consent to the jurisdiction of such courts and waive their right to a jury trial.

22. Entire Agreement & Amendments

These Terms, together with any order confirmation and applicable policies (Shipping Policy, Privacy Policy), constitute the entire agreement between the parties. Company reserves the right to update these Terms at any time. Continued use of the Equipment or Software after modifications constitutes acceptance of the revised Terms. Material changes will be communicated to active customers via email.