Terms of Service for Fotex.ai
Last Updated: March 20, 2025
1. Introduction
Welcome to Fotex.ai ("Service", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the Fotex.ai AI-powered photo generation service, available via the website and related applications, including any content, functionality, and services offered on or through Fotex.ai.
Please read these Terms carefully before using our Service. By accessing or using Fotex.ai, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Service.
2. Eligibility
You must be at least 16 years old to use our Service. By using Fotex.ai, you represent and warrant that you are at least 16 years of age. If you are under 16 years old, you may not use our Service under any circumstances.
3. Service Description
Fotex.ai provides AI-powered photo generation services that allow users to create professional-quality images featuring their likeness. Our Service includes:
- Generation of photos based on your facial features using artificial intelligence
- Creation of images using pre-designed templates
- "Free generation" using custom prompts provided by users
- Storage of generated images in your account
- We use open-source AI models, including FLUX.1 [dev], to generate images. The use of these models is subject to their respective licenses.
4. User Accounts
4.1 Registration
To use our Service, you must register for an account by providing your email address and other required information. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding the password you use to access our Service and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers, and symbols) with your account.
4.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms or violation of European Union laws.
5. User Content
5.1 Uploaded Content
When you upload photos to our Service for AI training purposes, you retain all rights to your original photos. However, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process these photos solely for the purpose of providing, maintaining, and improving our Service.
5.2 User Responsibilities
You are solely responsible for the content you upload to our Service. By uploading content, you represent and warrant that:
- You own all rights to the content or have obtained all necessary permissions to use it
- The content does not infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights
- The content does not contain images of any individuals other than yourself, or if it does, you have obtained their consent
- The content does not violate any applicable law, regulation, or European Union directive
We reserve the right to remove any content that violates these Terms or that we find objectionable for any reason, without prior notice.
6. Generated Images and Intellectual Property
6.1 Ownership of Generated Images
You own all rights to the AI-generated images created through our Service. Once generated, these images are your property to use as you see fit, subject to applicable laws.
6.2 Usage Rights
You may use the generated images for personal or commercial purposes. However, you may not use the generated images in any way that violates applicable laws or regulations.
6.3 Our Service and Content
The Fotex.ai Service, including its underlying code, design, features, and content provided by us (excluding your uploaded content and generated images), is owned by us and is protected by copyright, trademark, and other intellectual property laws.
7. Payment Terms
7.1 Pricing
We offer various packages for image generation at fixed prices. Current pricing information can be found at fotex.ai/pricing. We reserve the right to change our prices at any time.
7.2 Payment Processing
Payments are processed through Stripe. We do not store your payment card details or banking information. By making a purchase, you agree to Stripe's terms of service.
7.3 Refunds
You may request a refund within 14 days of purchase if the Service has not been used (i.e., no image generations have been utilized). Refunds may also be issued in cases of technical failures that prevent the proper delivery of our Service. To request a refund, please contact us at support@mail.fotex.ai.
8. Prohibited Uses
You agree not to use our Service:
- In any way that violates any applicable law or regulation of the European Union
- To upload or generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm us or users of the Service
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service or any server, computer, or database connected to the Service
- To attack the Service via a denial-of-service attack or a distributed denial-of-service attack
9. Disclaimer of Warranties
Our Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
10. Limitation of Liability
To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use or inability to use the Service.
Our total liability for all claims related to the Service shall not exceed the amount you paid to us for the Service in the 12 months preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.
11. Indemnification
You agree to defend, indemnify, and hold us harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Service or your breach of these Terms.
12. Changes to Terms
We may revise these Terms at any time by updating this page. We will provide notice of any material changes by posting the updated Terms on this website and updating the "Last Updated" date at the top of these Terms. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the Czech Republic, and you consent to the personal jurisdiction of such courts.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding our Service and supersede any prior agreements we might have had between us regarding the Service.
Contact Us
If you have any questions about these Terms, please contact us at support@mail.fotex.ai.