Terms of Service

Terms of Service

Terms of Service

1. Introduction
Welcome to Foosh AI. By accessing or using our SaaS tool (the "Service") located at https://www.foosh.ai or any related subdomains, including https://canvas.foosh.ai, you agree to comply with and be bound by these Terms and Conditions. Please read them carefully. Foosh AI is a service provided by [Legal Entity Name] ("we," "us," or "our").

2. Description of Services
Our platform helps brands train image generation models using their products, allowing them to create lifestyle photoshoots. This may involve training models using various product images, humans, or custom brand assets.

3. Account Registration
You must create an account to use our Service. You are responsible for maintaining the confidentiality of your login credentials and ensuring the accuracy of the information provided.

4. User Responsibilities
You agree to use our Service only for lawful purposes. To foster a respectful environment and ensure a positive experience for all users, you agree to adhere to the following community guidelines:

  • Respectful Conduct: Treat fellow users, staff, and everyone else with kindness and respect. Do not generate or use content that is demeaning, hostile, confrontational, or offensive.

  • Content Restrictions: Generating content that features adult themes, gore, or any visually disturbing or shocking imagery is strictly prohibited. To protect our community, certain inputs or outputs may be automatically blocked or flagged.

  • Respect Intellectual Property: Do not redistribute or share another user's creations without obtaining their explicit consent.

  • Consequences of Breach: Violating these guidelines may result in a temporary or permanent ban from using our Service, without entitlement to a refund.

Any content uploaded must be your own, or you must have the necessary permissions to use it for image generation purposes. You agree not to upload any images that involve nudity or children. By uploading any image to the Service, you represent and warrant that you own the rights to such image or have obtained all necessary permissions to upload and use the image on the Service. We reserve the right to remove any image that we determine to be in violation of this policy.

5. Intellectual Property
All content generated through our Service remains the intellectual property of the respective brand or user. Foosh AI retains ownership of the technology and processes used to deliver the Service, including all software, algorithms, models, and any related documentation. Any feedback provided by users is considered non-confidential, and Foosh AI is free to use, reproduce, and implement such feedback without restriction. We grant our users a limited license to download one copy of the materials for personal, non-commercial use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Foosh AI at any time.

6. Prohibited Uses
By using our Service, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

  • Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;

  • Remove any copyright or other proprietary notations from any materials and software on this website;

  • Transfer the materials to another person or "mirror" the materials on any other server;

  • Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Foosh AI provides;

  • Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;

  • Use this website or its associated services in violation of any applicable laws or regulations;

  • Use this website in conjunction with sending unauthorized advertising or spam;

  • Harvest, collect, or gather user data without the user's consent; or

  • Use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties;

  • Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or asking for personally identifiable information;

  • Impersonate or attempt to impersonate Foosh AI, a Foosh AI employee, another user, or any other person or entity.

7. Termination
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service. Upon termination or suspension of your access to the Service, any unused credits will not be refunded. You may also cancel your account at any time, but no refunds will be issued. In the event of termination for convenience by you, you will be responsible for all fees due for the remainder of the subscription term.

8. Indemnification
You agree to indemnify, defend, and hold harmless Foosh AI, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorney's fees) arising out of or related to your use of the Service, your content, or your breach of these Terms. Foosh AI will indemnify you against any claims that the Service, when used as authorized, infringes upon any third-party intellectual property rights. This indemnification does not apply to claims arising from unauthorized modifications or misuse of the Service by you or from content provided by you.

9. Publicity and Branding Usage
Foosh AI may use your name, logo, or other trademarks in customer lists, marketing materials, press releases, and other promotional content solely to identify you as a user of our Service. If you do not wish for your name or logo to be used, please contact us at [contact details]. Any use of your brand for purposes other than identification will require your prior written consent.

10. Disclaimer of Warranties
Our Service is provided "as is" without warranties of any kind. We make no guarantees regarding the accuracy or suitability of the generated content.

11. Limitation of Liability
Foosh AI will not be liable for any consequential, indirect, incidental, or special damages arising from your use of our Service, including, without limitation, loss of profit, loss of revenue, loss of business, loss of goodwill, or loss or corruption of data, even if Foosh AI has been advised of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Except for claims related to Foosh AI's indemnification obligations, Foosh AI's total liability will not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

12. Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Foosh AI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

13. Links
Foosh AI has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Foosh AI of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your own investigations with respect to the suitability of those sites.

14. Governing Law
These Terms of Service are governed by the laws of California. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

15. Changes to Terms
We may update these Terms from time to time. Any changes will take effect immediately upon publication on this page. Continued use of the Service indicates your acceptance of the revised Terms. If changes are made, we will notify you through the Service or other communication methods.

16. Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

17. Eligibility
Due to the unpredictable nature of image generation results, you must be of the legal majority age applicable in your jurisdiction to use our Service.

18. Credits and Subscription Plans
All purchases of credits are final and non-refundable. By purchasing credits, you acknowledge and agree that they are non-refundable for any reason, whether used or unused. Foosh AI offers subscription plans that enable additional features or increase usage limits. Subscriptions renew automatically unless canceled by the user. It is your responsibility to manage and cancel your subscription if you no longer wish to be billed. Refunds for subscription plans are not offered unless otherwise specified by Foosh AI.

19. Data Security
Foosh AI implements and maintains appropriate technical and organizational measures to protect customer content from unauthorized access, use, disclosure, alteration, or destruction. These measures include access controls, encryption, network security, and regular security testing and monitoring. While we strive to protect your data, no system is completely secure, and we cannot guarantee absolute security.

20. Definitions

  • Service: The SaaS platform provided by Foosh AI, including the tools, features, software, and content available at https://www.foosh.ai and any related subdomains.

  • Customer Content: Any images, data, or other content uploaded to the Service by you for processing.

  • User: An individual authorized by the customer to use the Service.

  • Intellectual Property: Rights, including but not limited to patents, trademarks, copyrights, and trade secrets, associated with the Service and any related content.

  • Confidential Information: Non-public information disclosed by one party to the other, which should be understood as proprietary or confidential.

21. Contact Us
If you have any questions, contact us at support@foosh.ai