Terms & Conditions
Last updated: 3 April 2026
1. Introduction
These Terms & Conditions ("Terms") govern your access to and use of the Fotool.ai platform ("Service"), operated by FOTOOL LTD, a company registered in England and Wales under Company No. 11046581, with its registered office at 1053 London Road, Leigh-On-Sea, Essex, SS9 3JP, United Kingdom (VAT: GB284646076).
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Definitions
| Term | Meaning |
|---|---|
| "Service" | The Fotool.ai web application, APIs, Cloud Functions, and all related services |
| "User" | Any individual or entity that registers for and/or uses the Service |
| "Content" | Images, text, data, and any materials uploaded to or generated by the Service |
| "Generated Content" | AI-generated images and outputs produced by the Service |
| "Subscription" | A paid plan granting access to premium features and credits |
| "Credits" | Units consumed when generating images through the Service |
| "Company Account" | A multi-user organisation account with team management capabilities |
3. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
4. Account Registration
- You must provide accurate, complete, and current information during registration.
- You are responsible for safeguarding your account credentials and for all activity under your account.
- You must notify us immediately at support@fotool.ai of any unauthorized use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for more than 12 consecutive months.
5. Service Description
Fotool.ai is a B2B SaaS platform for AI-powered product photography. The Service enables Users to:
- Upload product images (clothing, accessories, footwear)
- Select AI-generated models from our curated library or upload custom models
- Generate professional product photographs using artificial intelligence
- Manage projects, collaborate with team members, and share results
- Download high-resolution generated images for commercial use
6. Subscriptions and Payments
6.1 Plans and Pricing
The Service offers multiple subscription tiers as described on our Pricing page. Pricing is subject to change with 30 days' prior notice to existing subscribers.
6.2 Billing Cycle
Subscriptions are billed monthly or annually in advance. All fees are quoted in US Dollars (USD) unless otherwise indicated.
6.3 Credits
Each subscription includes a monthly credit allocation. Unused credits do not roll over to the next billing period unless explicitly stated in your plan terms. Additional credit packs may be purchased separately.
6.4 Taxes
All prices are exclusive of applicable taxes (including VAT/GST). You are responsible for any taxes levied on your purchases, except for taxes on our income.
6.5 Payment Methods
We accept major credit cards and other payment methods as displayed at checkout. Payment processing is handled by our third-party payment processor, and you agree to their terms of service.
7. Intellectual Property
7.1 Your Content
You retain all rights to the images and materials you upload to the Service. By uploading Content, you grant us a limited, non-exclusive licence to process, store, and display such Content solely for the purpose of providing the Service.
7.2 Generated Content
Subject to your compliance with these Terms and your active subscription, all copyright and intellectual property in the Generated Content is irrevocably assigned to you upon creation. You may use Generated Content for any lawful commercial and internal business purpose, including marketing materials, e-commerce listings, social media, print media, and other channels without attribution.
7.2.1 Image Licence Certificate
Each completed project generates a Certificate that serves as documentary evidence of the rights granted under these Terms. The Certificate shall contain:
- (a) Unique licence identifier and issue date
- (b) Licensee identification and contract reference
- (c) List of covered images with embedded content credentials
- (d) Usage rights summary
- (e) QR codes for licence verification and content authenticity verification
- (f) Confirmation that all virtual models depicted are 100% AI-generated synthetic creations representing adults aged 18 or older, and that no model release or consent from any real individual is required
- (g) A reference to the applicable version of these Terms and a statement that in the event of conflict, these Terms prevail
- (h) Applicable disclaimers regarding third-party IP, marketplace acceptance, and visual accuracy (as set out in Sections 11.5, 11.6, and 11.7)
The Certificate is non-transferable and is valid only for the licence holder identified therein. It does not authorise the use of Generated Content for AI model training, distillation, or development of competing services.
7.3 AI Model Library
The AI models, styles, and templates available in the Service library are proprietary assets of Fotool.ai. You may not extract, redistribute, or reverse-engineer these assets.
7.4 Platform IP
All intellectual property in the Service itself (software, algorithms, UI/UX design, branding, documentation) belongs to FOTOOL LTD. Nothing in these Terms transfers any ownership of our IP to you.
8. Acceptable Use
You agree not to use the Service to:
- Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
- Create deepfakes, non-consensual intimate imagery, or content intended to deceive or defraud
- Infringe upon the intellectual property rights of any third party
- Interfere with or disrupt the Service or its infrastructure
- Attempt to gain unauthorized access to any part of the Service
- Use automated tools (bots, scrapers) to access the Service without written permission
- Resell, sublicense, or provide the Service to third parties without our consent
For the full Acceptable Use Policy, see Acceptable Use Policy.
8.5 No General Refunds
All payments are final and non-refundable. This includes: subscription fees, regardless of usage during the billing period; Credit purchases, regardless of whether Credits have been used; any fees for additional services or features.
Exceptions:
- If you experience a significant technical issue that prevents you from using the Service, you may contact us at support@fotool.ai to discuss your specific situation.
- If an AI generation produces a result with a critical defect, you may request a credit refund (credits returned to your balance, not a monetary refund) in accordance with our Refund & Cancellation Policy. Credit refund requests must be submitted within 48 hours of generation.
- We review exceptional cases on an individual basis at our sole discretion.
9. Service Availability and SLA
We aim to maintain 99.9% uptime but do not guarantee uninterrupted availability. Scheduled maintenance will be communicated in advance where possible. We shall not be liable for downtime caused by force majeure events, third-party service failures, or circumstances beyond our reasonable control.
9.5 Immediate Deletion Request
You may request immediate deletion of your content at any time by contacting support@fotool.ai. Once deleted, content cannot be recovered.
Deletion requests apply to User Content and Generated Content. Billing and payment records are subject to mandatory legal retention periods (see our Privacy Policy, Section 11) and cannot be deleted upon request.
10. Data Protection
We process personal data in accordance with our Privacy Policy and applicable data protection laws including the UK GDPR and EU GDPR. For enterprise customers requiring a Data Processing Agreement, please see our DPA.
11. Limitation of Liability
11.1 Exclusion of Damages
To the maximum extent permitted by law, FOTOOL LTD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities.
11.2 Liability Cap
Our total aggregate liability for any claims arising from or related to the Service shall not exceed the greater of: (a) the amount you paid to us in the 12 months preceding the claim; or (b) USD 100.
11.3 AI-Generated Content Disclaimer
Generated Content is produced by artificial intelligence and may contain imperfections. We do not guarantee that Generated Content will be free from artefacts, distortions, or errors. You are solely responsible for reviewing and approving Generated Content before use.
12. Indemnification
You agree to indemnify and hold harmless FOTOOL LTD, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your infringement of any third-party rights; or (d) your Content.
13. Term and Termination
13.1 Term
These Terms remain in effect for as long as you maintain an account or use the Service.
13.2 Termination by You
You may cancel your subscription and delete your account at any time through your account settings or by contacting support@fotool.ai.
13.3 Termination by Us
We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or if required by law. We will provide notice where reasonably practicable.
13.4 Effect of Termination
Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete your Content after a 30-day grace period; (c) sections relating to IP, liability, indemnification, and governing law survive termination; (d) any unused Credits will be forfeited and cannot be refunded.
Billing and payment records will be retained in accordance with our legal obligations as described in Section 11 of our Privacy Policy. This includes retention for up to 7 years for tax and accounting compliance, even after your account and content have been deleted.
14. Modifications to Terms
We may update these Terms from time to time. Material changes will be communicated via email or an in-app notification at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws of your jurisdiction provide otherwise.
16. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable DPA, constitute the entire agreement between you and FOTOOL LTD.
- Severability: If any provision is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
17. Contact Us
If you have any questions about these Terms, please contact us:
- Email: support@fotool.ai
- Address: FOTOOL LTD, 1053 London Road, Leigh-On-Sea, Essex, SS9 3JP, United Kingdom
- Company No: 11046581
- VAT: GB284646076
Last updated: 3 April 2026
If you have questions, contact us at support@fotool.ai