Terms and Conditions

Last edited: April 10, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the Fotogenic service, including the mobile application, the Application Programming Interface (API), and WordPress/WooCommerce plugin integrations (collectively, the “Service”).

By accessing, registering for, purchasing, integrating with, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and all policies expressly incorporated by reference (including the Privacy Policy). If you do not agree, you must not use the Service.

WHO WE ARE

The Service is provided by Fotogenic AI (“we”, “us”, or “our”).

For contractual, legal, or support questions related to these Terms, contact us via support@fotogenic.ai.

ELIGIBILITY AND LEGAL CAPACITY

You represent and warrant that:

• You are legally capable of entering into a binding agreement in your jurisdiction.
• You are not prohibited by applicable law from using the Service.
• If you use the Service on behalf of a company or organization, you have full authority to bind that entity to these Terms.

SCOPE OF THE SERVICE

The Service may include but not limited to, artificial intelligence (“AI”) related content generation and transformation capabilities, account and session functionality, API access, plugin integrations, subscription and credit-based access controls, and optional third-party integrations where enabled.

Features and feature behavior may vary by plan, interface, region, integration setup, account status, and applicable legal, regulatory, or technical constraints.

ACCOUNT REGISTRATION, ACCESS, AND AUTHENTICATION

Certain Service functionality requires authentication credentials, including but not limited to session tokens, API keys, license keys, and related authorization identifiers.

You are responsible for all activities conducted using your credentials unless and until you notify us of unauthorized use and we have had a reasonable opportunity to mitigate further unauthorized activity.

CREDENTIAL SECURITY OBLIGATIONS

You agree to implement and maintain reasonable security practices for your environment and credentials, including:

• Protecting credentials against leakage and unauthorized disclosure.
• Promptly rotating credentials when compromise is suspected.
• Promptly notifying us of suspected account or credential compromise.

We may revoke sessions, disable compromised credentials, and apply additional security checks where reasonably required.

API AND PLUGIN USE CONDITIONS

If you use API or plugin integrations, you agree that you will not:

• Share, rent, sell, sublicense, or otherwise transfer credentials without our authorization.
• Circumvent usage limits, quota systems, billing controls, or entitlement restrictions.
• Use unsupported automation or abusive request patterns that degrade Service stability.

ACCEPTABLE USE POLICY

You must not use the Service to violate law, infringe rights, or harm others. Prohibited conduct includes, but is not limited to:

• Illegal, fraudulent, deceptive, or abusive activity.
• Uploading or processing content without required rights or permissions.
• Attempted unauthorized access, interference, or exploitation of the Service or related infrastructure.
• Introducing malware, malicious scripts, or security threats.

USER CONTENT OWNERSHIP AND RESPONSIBILITY

“User Content” includes, including but not limited to, uploaded files, text, images, audio, video, metadata, and similar materials processed through the Service.

You retain ownership of your User Content, subject to the limited license granted under these Terms for Service operation.

You are solely responsible for ensuring that your User Content, prompts, and your use of generated outputs comply with applicable law and do not infringe third-party rights.

LICENSE YOU GRANT TO US

To provide, operate, secure, and improve the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, transmit, and process User Content solely for Service-related purposes. For clarity, this license does not permit use of your User Content for advertising, marketing, promotional publication, or public showcasing, except where you provide separate, explicit consent.

ARTIFICIAL INTELLIGENCE OUTPUTS, RISKS, AND REVIEW OBLIGATIONS

Artificial intelligence based generated content is probabilistic and may be inaccurate, incomplete, offensive, or unsuitable for your use case. You are responsible for reviewing and validating outputs before use, publication, or reliance.

You must independently assess legal, regulatory, commercial, and factual suitability of generated outputs for your specific context.

ARTIFICIAL INTELLIGENCE PROVIDER DEPENDENCY NOTICE

Certain content-processing and AI-related features rely on third-party providers, and content processed through those features may be subject to those providers’ terms, policies, and ownership/licensing frameworks. We do not control and are not responsible for third-party ownership interpretations, policy changes, or processing practices outside our direct control.

THIRD-PARTY SERVICES AND INTEGRATIONS

The Service may depend on third-party systems for hosting, identity/authentication, billing, analytics, content processing, and optional integrations. Use of those features may be subject to separate third-party terms.

We are not liable for third-party outages, independent decisions, or policy changes outside our control.

BILLING, SUBSCRIPTIONS, AND CREDITS

Access to certain features may require payment, subscription, or credits. By purchasing or subscribing, you authorize applicable charges through the relevant purchase channel.

Plans, included features, quotas, and limits may vary by interface and account context. We may update pricing or packaging prospectively where permitted by law.

PAYMENT FAILURES, CHARGEBACKS, AND ACCESS RESTRICTIONS

In cases of failed payment, chargeback, fraud risk, abuse, or billing disputes, we may suspend or limit access while the issue is reviewed and resolved.

Credits may be adjusted where required for refunds, reversals, fraud prevention, compliance, or correction of technical/accounting errors.

REFUNDS

Refunds are generally not available.
A refund may be considered only if we are materially unable to provide the core paid functionality of the Service as described at the time of purchase, and we are unable to resolve the issue within a reasonable time after you report it.

For clarity, refunds are not provided for reasons including, but not limited to:

1. Dissatisfaction with artificial intelligence related generated output quality, style, creativity, realism, or subjective expectations.
2. Outputs you consider inaccurate, unsuitable, repetitive, or not commercially useful.
3. Similarity of outputs to other generated content.
4. Changes to your business needs, preferences, or intended use after purchase.
5. Failure to use available credits, features, or subscription time during an active billing period.
6. User-side configuration errors, unsupported environments, or integration issues outside our Service.
7. Temporary third-party outages or delays where the Service is still generally operational and functionality is restored within a reasonable time.
8. Account restrictions, suspensions, or enforcement actions resulting from violations of these Terms.

Any approved refund remains subject to applicable law and the rules, limitations, and processing requirements of the relevant purchase channel or payment provider.

INTELLECTUAL PROPERTY RIGHTS IN THE SERVICE

Except for your User Content, all rights, title, and interest in the Service (including software, branding, designs, models, and documentation) belong to Fotogenic AI or its licensors and are protected by applicable intellectual property laws.

RESTRICTIONS ON SERVICE MATERIALS

You may not copy, redistribute, modify, resell, reverse engineer, decompile, or create derivative works from protected Service components except as expressly permitted by applicable law.

FEEDBACK

If you provide suggestions, feedback, or ideas, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to use such feedback without compensation or attribution obligation.

NO PROFESSIONAL ADVICE

The Service and any outputs are provided for general informational and operational use only and do not constitute legal, financial, medical, tax, or other professional advice. You are solely responsible for obtaining independent professional advice where required.

EXPERIMENTAL OR BETA FEATURES

From time to time, we may provide beta, preview, or experimental features. Such features may be incomplete, unstable, modified, or discontinued at any time without notice, and may be subject to additional limitations. Use of beta or experimental features is at your own risk.

CHILDREN AND MINOR USERS

The Service is not intended for children under the age of 13 (or a higher minimum age where required by applicable law). If you are under the required age in your jurisdiction, you must not use the Service.

If you are a minor who is legally permitted to use the Service in your jurisdiction, you may use the Service only with the involvement and consent of a parent or legal guardian.

We may suspend or terminate accounts where we reasonably believe they are used in violation of this section.

SERVICE CHANGES AND DEPRECATION

We may update, replace, limit, or discontinue features, APIs, endpoints, models, integrations, or plans where reasonably necessary for security, legal compliance, technical evolution, or product maintenance. Where feasible, we may provide advance notice for material deprecations, but are not obligated to maintain any specific feature indefinitely.

ACCOUNT SUSPENSION AND TERMINATION

We may suspend, limit, or terminate access where reasonably necessary, including for legal compliance, abuse prevention, security protection, non-payment, or material breach of these Terms.

You may stop using the Service at any time. Termination does not necessarily result in immediate deletion of all related records where retention is required for legal, security, operational, or backup reasons.

ACCOUNT DELETION

You have the right to request deletion of your account and associated personal data, subject to applicable law and legitimate legal, security, fraud-prevention, and operational retention requirements.

Where account deletion functionality is provided, deletion requests may be accepted and queued. Associated session revocation and integration disconnection may occur before primary record deletion completes.

Because some deletion operations are performed by scheduled backend cleanup processes, deletion may not be instantaneous.

Where we cannot immediately or fully delete specific data due to legal obligations or legitimate interests (for example, security logs, fraud-prevention records, dispute handling, or required backup retention), we will retain only what is necessary for those purposes and delete or anonymize data when those purposes expire.

YOUR DATA RIGHTS (GDPR/EEA/UK, WHERE APPLICABLE)

If you are in the EEA/UK or otherwise entitled under applicable data protection law, you may have the right to:

• request access to personal data we hold about you;
• request correction of inaccurate or incomplete personal data;
• request deletion of personal data;
• request restriction of processing in certain circumstances;
• object to processing in certain circumstances;
• request data portability, where applicable;
• withdraw consent where processing is based on consent (without affecting processing before withdrawal);
• lodge a complaint with your local supervisory authority.

HOW TO REQUEST ACCESS, DELETION, OR CORRECTION

To submit a privacy request, contact us at support@fotogenic.ai with sufficient information for us to identify your account and process your request securely.

We may require reasonable identity verification before processing requests to protect your data and prevent unauthorized disclosure.

RESPONSE TIMELINES AND LIMITATIONS

We aim to respond within applicable legal timelines (for GDPR requests, typically within one month, with extension where legally permitted for complex or numerous requests).
Where requests are manifestly unfounded or excessive, we may refuse or charge a reasonable administrative fee where permitted by law.
Certain data may be retained where required by law or for legitimate purposes such as security, fraud prevention, dispute handling, legal compliance, or backup lifecycle constraints.

COMPLAINTS

If you believe your data protection rights have been violated, you may contact us first at support@fotogenic.ai and/or lodge a complaint with your competent data protection supervisory authority.

DISCLAIMERS

To the maximum extent permitted by applicable law, the Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant uninterrupted availability, error-free operation, or that outputs will meet all expectations, business requirements, or regulatory objectives.

LIABILITY

Fotogenic AI shall not be liable for any claim, damages, losses, liabilities, costs, or expenses of any kind, whether direct, indirect, incidental, special, consequential, punitive, exemplary, contractual, tortious, statutory, or otherwise, arising out of or in connection with the software, the Service, or the use of or inability to use the software or Service, including without limitation loss of profits, loss of data, loss of goodwill, business interruption, or loss of business opportunities, even if advised of the possibility of such damages.

To the fullest extent permitted by applicable law, these limitations apply to all causes of action and all theories of liability.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

FORCE MAJEURE

To the fullest extent permitted by applicable law, we are not liable for any delay, failure, interruption, or degradation of the Service caused by events beyond our reasonable control, including but not limited to internet outages, cloud infrastructure failures, utility interruptions, labor disputes, governmental actions, sanctions, war, terrorism, civil unrest, natural disasters, epidemics/pandemics, or failures of third-party service providers.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fotogenic AI, its affiliates, officers, employees, and contractors from and against claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service.
• Your User Content.
• Your breach of these Terms, applicable law, or third-party rights.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Lithuania, excluding conflict-of-law rules, unless mandatory consumer protection law in your country of residence provides otherwise.

Any dispute arising out of or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Vilnius, Lithuania, unless mandatory law requires that the dispute be brought in another competent court.

ELECTRONIC NOTICES

You agree that we may provide notices, disclosures, and communications electronically, including through the Service interface, account notifications, or email. Electronic communications satisfy any legal requirement that such communications be in writing, to the extent permitted by law.

ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with merger, acquisition, corporate reorganization, or sale of assets.

CHANGES TO TERMS, SEVERABILITY, ENTIRE AGREEMENT, AND CONTACT

We may revise these Terms from time to time. Revised Terms become effective when posted on our website or otherwise communicated through the Service. Continued use after the effective date constitutes acceptance of the revised Terms.

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

These Terms, together with any policies expressly incorporated by reference, form the entire agreement between you and Fotogenic regarding the Service.

For questions or concerns regarding these Terms and Conditions, contact us via support@fotogenic.ai.