Terms & Conditions

Last Updated: [Current Date]

These Terms of Use (the “Terms”) form a legally binding agreement between you (“you”, “your”) and JMTR LTD (“Fotool,” “we,” “us,” “our”).

Fotool.ai is a trading name for JMTR LTD.

These Terms govern your access to and use of:

• our website at www.fotool.ai and any subdomains,
• any web-based platform, dashboard or tools we provide,
• any application programming interfaces (APIs), integrations and related services,

(collectively, the “Service”).

By accessing or using the Service in any way (including browsing, creating an account, uploading content or using our AI tools), you:

• confirm that you have read, understood and agree to be bound by these Terms; and
• agree to our Privacy Policy, which explains how we collect and use your personal data.

If you do not agree to these Terms, you may not access or use the Service.

1. About Fotool.ai and the Service

1.1 What Fotool does

Fotool provides AI-powered tools that help fashion brands, retailers and other sellers generate high-quality product imagery, such as:

• transforming flat-lay or ghost-mannequin clothing images into on-model photos;
• creating virtual try-on visuals;
• generating lifestyle/product images based on your uploaded assets;
• (where available) API-based image generation and editing for programmatic or bulk use.

1.2 No professional advice

Any content or outputs provided by the Service (including AI-generated images, suggestions or examples) are for general information and marketing/visual purposes only. They are not legal, financial, marketing or other professional advice, and you remain solely responsible for how you use them.

1.3 Business customers

The Service is primarily intended for business and professional users (e.g. brands, e-commerce sellers, agencies). If you are using the Service on behalf of a company or other legal entity:

• you represent and warrant that you have the authority to bind that entity to these Terms; and
• “you” and “your” in these Terms refer to both you personally and that entity.

2. Eligibility

2.1 Minimum age

You must be at least 18 years old (or the age of majority/“digital consent” in your jurisdiction, if higher) to use the Service.

2.2 Legal capacity and compliance

By using the Service, you represent and warrant that:

• you have the legal capacity to enter into these Terms;
• you are not prohibited from using the Service under any applicable laws; and
• your use of the Service complies with all applicable laws, regulations and third-party agreements.

If you do not meet these requirements, you must not use the Service.

3. Accounts and Registration

3.1 Account creation

To access most features, you may need to create an account or sign in via a third-party identity provider (e.g. Google, Facebook, or other SSO provider, where enabled).

3.2 Account information

You agree to:

• provide accurate, current and complete information during registration;
• keep your account information up to date;
• keep your login credentials confidential and secure; and
• promptly notify us of any unauthorized use of your account or security breach.

You are responsible for all activity that occurs under your account, whether or not you authorized it.

3.3 Third-party accounts

Where the Service allows you to connect a third-party account (e.g. social login or storage provider), you:

• authorize us to access and use information from that account as reasonably necessary to provide the Service;
• remain responsible for complying with the terms of the third-party provider.

4. Use of the Service & Licence

4.1 Licence to use the Service

Subject to your full and ongoing compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your own internal business purposes (including creating visual assets for your own commercial use or your clients).

4.2 No resale

Except as expressly permitted in a separate written agreement with us, you may not:

• resell, redistribute or commercially exploit the Service itself;
• provide the Service as a hosted service, SaaS, “white-label” or similar offering to third parties.

4.3 Service changes

We may change or update the Service at any time (including adding, removing or modifying features). We do not guarantee that any particular feature or functionality will continue to be available.

5. User Content and Generated Content

For the purposes of these Terms:

• “User Content” means any data, images, photos, prompts, descriptions, logos, brand assets or other materials that you upload or submit to the Service.
• “Generated Content” means AI-generated or processed outputs produced by the Service based on your User Content or prompts (e.g. on-model images, edited photos, mock-ups).

5.1 Ownership of User Content

As between you and us, you (or your licensors) retain all rights in your User Content. You are responsible for ensuring that you have all necessary rights, consents and permissions to upload and use your User Content with the Service.

5.2 Licence to Fotool – User Content

You grant us a worldwide, non-exclusive, royalty-free licence to use, host, store, copy, process, modify and display your User Content only as reasonably necessary to:

• provide, operate and support the Service for you (including generating, delivering and storing Generated Content at your request);
• maintain, secure and improve the Service (e.g. logging, debugging, abuse/fraud detection);
• comply with applicable law and enforce these Terms.

We do not sell your User Content or share it with third parties for their own independent marketing purposes.

5.3 Model training and analytics

By default:

• We do not use your original uploaded product photos or customer images to train or re-train our foundation AI models for other customers, unless we have your explicit, informed consent or a separate written agreement that clearly allows this.
• We may use aggregated and/or de-identified technical data and usage metadata (for example, model performance metrics, feature usage statistics) to improve and optimise the Service, provided that such data does not identify you or your end customers.
• If we ever offer an opt-in to allow training on your data for better personalised models, this will be clearly explained and documented separately.

5.4 Ownership of Generated Content

Subject to your compliance with these Terms and any applicable fees being paid:

• You own the Generated Content created specifically from your User Content and prompts, to the maximum extent allowed by applicable law. You may use such Generated Content for any lawful purpose, including commercial use, on a worldwide basis.
• Because of how generative AI works, similar or related outputs may be produced for other users from similar inputs or prompts. Our ownership assignment (if any) does not extend to outputs generated for others.
• You are responsible for ensuring that your use of any Generated Content complies with applicable laws and third-party rights.

5.5 Your responsibilities and warranties

You warrant and represent that:

• you have all necessary rights in your User Content (including image rights, publicity rights and IP rights) to grant the licences in these Terms;
• you have obtained all necessary consents from any individuals whose images you upload (e.g. models, staff, customers), and your use of their images with the Service complies with applicable privacy and data protection laws;
• your User Content and use of the Service do not infringe any third-party rights or violate any law.

You are solely responsible for your User Content, your prompts and the Generated Content you decide to use or publish.

6. Acceptable Use and Prohibited Content

When using the Service, you must not (and must not allow others to):

6.1 Illegal or harmful activities

• Use the Service for any illegal purpose or in violation of any applicable law or regulation.
• Upload or generate content that is fraudulent, deceptive, defamatory, harassing, hateful, discriminatory, or otherwise objectionable.
• Generate or share content that promotes violence, terrorism, self-harm, or harm to others.

6.2 Sexual and minors-related content

• Generate or upload nude, sexual, pornographic or sexually explicit content.
• Generate, upload or depict minors (real or fictional) in any sexualised or exploitative context whatsoever.
• Use the Service in any way that exploits or harms minors.

6.3 Intellectual property and privacy

• Infringe or misappropriate any copyright, trademark, design right, trade secret or other intellectual property right.
• Upload images or data of individuals without a lawful basis or required consent.
• Create images that intentionally copy or recreate a third party’s protected brand, logo or signature style in a way that infringes their rights.

6.4 Security and technical misuse

• Attempt to bypass, interfere with or compromise the security or integrity of the Service, our infrastructure or any related systems.
• Use bots, scrapers or other automated means to access the Service except via documented APIs and within rate limits we specify.
• Attempt to reverse engineer, decompile or otherwise extract source code of the Service except where permitted by mandatory law.

6.5 Competitive / abusive use

• Use the Service for benchmarking, training competing AI models, or developing a competing product or service in a way that is unfair or contrary to these Terms.
• Circumvent or attempt to circumvent usage tracking, billing, quota limits or access controls.

We reserve the right (but have no obligation) to monitor use of the Service and to remove or disable access to any content that we reasonably believe violates these Terms or the law.

7. Plans, Credits, Fees and Payments

If your use of the Service requires payment (e.g. subscription plans, pay-as-you-go credits or enterprise contracts), this section applies.

7.1 Pricing

Current pricing, plan types, credit packages and feature limits are described on our pricing page or in your specific order form. We may update pricing from time to time; any changes will apply from the start of your next billing period or next purchase, as applicable.

7.2 Subscriptions

Some features may be offered via recurring subscription (monthly, annual or other term). Unless otherwise stated, subscriptions automatically renew at the end of each billing period at the then-current rates, until cancelled. You can cancel future renewals via your account settings.

7.3 Credits / usage-based billing

Certain features may be accessed using credits. Unless otherwise stated, credits are non-refundable, non-transferable between accounts and may expire if not used within the timeframe stated at purchase.

7.4 Taxes

All fees are exclusive of VAT and other applicable taxes, which will be added and charged as required by law. You are responsible for any such taxes, except for taxes based on our net income.

7.5 No general refunds

Except where required by law, all payments are final and non-refundable, including where you cancel during a billing period or do not fully use your subscription or credits.

7.6 Late or failed payments

If any payment is overdue or fails, we may suspend or limit your access to the Service or to certain features until the amount is paid.

8. Third-Party Services and Links

8.1 Third-party links

The Service may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, terms, privacy policies or practices of any third-party sites or services.

8.2 Third-party integrations

Some features may enable integrations with or exports to third-party platforms. Any use of such third-party services is at your own risk and is governed by their own terms and policies.

9. Intellectual Property in the Service

9.1 Our IP

The Service and all related technology, software, code, interfaces, designs, trademarks, logos and other materials we provide (collectively, “Fotool Materials”) are owned by or licensed to us and are protected by intellectual property and other laws. Except for the limited licence expressly granted in Section 4.1, no rights in the Fotool Materials are granted to you.

9.2 Feedback

If you choose to provide feedback, ideas or suggestions about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit such Feedback for any purpose without obligation to you.

10. Term and Termination

10.1 Term

These Terms take effect when you first access or use the Service and continue until terminated by you or us.

10.2 Your right to stop using the Service

You may stop using the Service at any time. Closing your account does not entitle you to any refund unless required by law.

10.3 Our right to suspend or terminate

We may suspend or terminate your access to all or part of the Service (and/or your account) at any time, with or without notice, if you breach these Terms, are required by law, or if we reasonably believe your use creates risk. Where reasonable, we will try to notify you before a termination or suspension takes effect.

10.4 Effect of termination

Upon termination for any reason, your right to access and use the Service immediately ceases. We recommend that you download any Generated Content you wish to keep before termination where possible.

11. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless JMTR LTD, its directors, officers, employees, contractors and agents from and against any claims, losses, damages, liabilities, costs and expenses arising out of or relating to your use or misuse of the Service, your User Content, or your breach of these Terms.

12. Disclaimers

12.1 “As is” and “as available”

The Service is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, whether express or implied. We specifically disclaim all implied warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, accuracy or reliability.

12.2 AI-related limitations

You acknowledge that generative AI inherently produces probabilistic results and may generate unexpected, inaccurate, distorted or otherwise imperfect images or outputs. You are solely responsible for reviewing, moderating and validating any Generated Content before using it.

13. Limitation of Liability

To the fullest extent permitted by law: JMTR LTD will not be liable to you for any indirect, incidental, special, consequential or punitive damages. Our aggregate total liability will not exceed the greater of (a) the total amount you have paid to us for the Service in the twelve (12) months immediately preceding the event, or (b) £100.

14. Changes to These Terms and to the Service

14.1 We may change these Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice. Changes take effect from the date we publish them.

14.2 Service modifications

We may modify, suspend or discontinue all or part of the Service at any time, temporarily or permanently, without liability to you.

15. Governing Law and Dispute Resolution

15.1 Governing law

These Terms shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service.

16. Miscellaneous

16.1 Entire agreement: These Terms constitute the entire agreement between you and JMTR LTD regarding the Service.

16.2 Assignment: You may not assign or transfer these Terms without our prior written consent.

16.3 Severability: If any provision is held to be invalid, the remaining provisions will remain in full force.

16.4 No waiver: Our failure to enforce any provision does not constitute a waiver.

16.5 Language: These Terms are drafted in English.

16.6 Notices: Notices to you may be provided via email or in-product messages. Notices to us should be sent to JMTR LTD.

17. Contact Us

If you have any questions about these Terms or the Service, you can contact us at:

Email: support@fotool.ai

Postal: JMTR LTD, 1053 London Road, Leigh-On-Sea, Essex, SS9 3JP, UK