Terms of Service
Last updated: December 2, 2024
1. Acceptance of Terms
By accessing or using fotis.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.
2. Description of Service
fotis.ai provides an AI-powered product photo enhancement service. Users can upload images, and our AI technology will process and enhance them for use in e-commerce listings and marketplaces. The Service operates on a credit-based system where users purchase credits to process images.
3. Account Registration
To use certain features of the Service, you must create an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Promptly update any changes to your information
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use of your account
4. Credits and Payments
4.1 Credit System
- Credits are required to process images through our Service
- Each image enhancement consumes 1 credit
- New users receive 2 free credits upon registration
- Additional credits can be purchased through our website
- Credits do not expire and remain in your account until used
4.2 Pricing and Payment
- All prices are displayed in the applicable currency at checkout
- Payments are processed securely through Stripe
- You agree to pay all fees associated with your purchases
- Prices may change at any time without prior notice
4.3 Refunds
Due to the nature of digital services, all credit purchases are final and non-refundable. However, if you experience technical issues that prevent successful image processing, please contact us at support@fotis.ai, and we will evaluate your case on an individual basis.
5. User Content and Ownership
5.1 Your Content
You retain all ownership rights to the images you upload ("User Content"). By uploading images, you grant us a limited, non-exclusive license to process your images solely for the purpose of providing the Service.
5.2 Content Representations
You represent and warrant that:
- You own or have the necessary rights to upload and process the images
- Your images do not infringe upon any third party's intellectual property rights
- Your images do not contain illegal, harmful, or offensive content
- You have obtained any necessary consents for images containing identifiable individuals
5.3 Enhanced Images
You own the enhanced images generated through our Service and may use them for any lawful purpose, including commercial use on e-commerce platforms.
6. Prohibited Uses
You agree not to use the Service to:
- Upload or process illegal, obscene, or harmful content
- Infringe upon intellectual property rights of others
- Engage in fraudulent or deceptive practices
- Attempt to reverse engineer or compromise our systems
- Use automated systems to access the Service without permission
- Resell or redistribute the Service without authorization
- Violate any applicable laws or regulations
7. Service Availability and Quality
7.1 Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may suspend or discontinue the Service at any time for maintenance, updates, or other reasons.
7.2 AI-Generated Results
Our Service uses AI technology to enhance images. While we strive for high-quality results, AI processing may produce varying outcomes. We do not guarantee that enhanced images will meet specific expectations or requirements.
8. Intellectual Property
The Service, including its software, design, features, and content (excluding User Content), is owned by fotis.ai and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our Service without explicit written permission.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOTIS.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless fotis.ai and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your User Content, or your violation of these Terms.
12. Termination
We may terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately. Any unused credits at the time of termination due to your breach of these Terms are forfeited.
13. Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration or in the courts of competent jurisdiction.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact Information
If you have any questions about these Terms of Service, please contact us at:
fotis.ai
Email: support@fotis.ai