Terms of Service

Last Updated: 5 Nov 2024

1. Acceptance of Terms

By accessing, subscribing to, or using foto.live, you agree to be bound by this Agreement. If you do not agree to these terms, you may not access or use foto.live.

2. Eligibility

You must be at least 18 years of age or have the legal capacity to enter into contracts to use foto.live. By accessing foto.live, you represent that you are eligible under applicable laws.

3. Service Description

foto.live is a cloud-based platform that uses advanced machine learning models to train on user-uploaded photos of people to generate stunning photos of people in different places, countries, and views.

foto.live does not generate photos for any harmful or inappropriate use cases and requires user consent for processing personal data as outlined in our Privacy Policy.

4. User Responsibilities

4.1 Content Ownership

You retain ownership of any content, including photos, that you upload to foto.live. By uploading photos, you grant us a worldwide, non-exclusive, royalty-free license to process, store, and use the photos solely for the purpose of providing the Service.

4.2 Prohibited Use

You agree not to use the Service for any illegal, harmful, or unethical activities, including but not limited to:

Violation of these conditions may result in immediate termination of your account without notice and possible legal action.

5. Data Privacy and Security

Our use of your data is governed by our Privacy Policy, which is incorporated by reference into this Agreement. We implement reasonable security measures to protect your data, but you acknowledge that no system is entirely secure. By using foto.live, you accept the risk of data breaches or unauthorized access.

5.1 User Consent

You are responsible for ensuring that you have obtained any necessary consent from individuals whose photos you upload, including consent to process personal data in accordance with applicable data protection laws (such as GDPR or CCPA).

5.2 Third-Party Data

If you upload photos that contain third-party data, including photos of individuals other than yourself, you must have permission from the data subjects to process their data through foto.live.

6. Payment and Subscription

Access to foto.live may require payment of fees, which will be outlined at the time of registration or subscription. Fees are subject to change with prior notice. If you subscribe to a paid plan, you agree to provide accurate payment information and authorize us to charge your designated payment method for applicable fees.

6.1 Refunds

You have 7 days from the date of purchase to request a refund. Please read our refund policy.

7. Intellectual Property

All intellectual property rights related to foto.live, including but not limited to the software, Flux Model, content, logos, and trademarks, are the property of foto.live or its licensors. You may not reproduce, distribute, or create derivative works of any part of foto.live without our express written permission.

7.2 Feedback

Any feedback, suggestions, or ideas provided by you regarding foto.live are voluntary and may be used by us without compensation or acknowledgment.

8. Disclaimer of Warranties

foto.live is provided "as-is" and "as-available" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that foto.live will meet your requirements or that it will be uninterrupted, error-free, or secure.

8.2 NSFW Content

We do our best to prevent NSFW content; however, this may not be 100% accurate. AI models trained on photos might rarely produce NSFW content, and this depends on the photos you upload. For example, if most of your photos feature bikinis, the model is more likely to generate NSFW content. We are not responsible for any NSFW content generated by mistake, and it is your responsibility to delete any such photos.

9. Limitation of Liability

To the fullest extent permitted by law, foto.live, its affiliates, officers, directors, employees, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use foto.live.

10. Termination

We reserve the right to suspend or terminate your access to foto.live at any time, for any reason, including breach of this Agreement. Upon termination, you must cease all use of foto.live, and any licenses granted to you under this Agreement will be revoked.

11. Changes to the Agreement

We reserve the right to modify this Agreement at any time. Changes will be effective upon posting to our website or notification via email. Your continued use of foto.live after changes have been made constitutes your acceptance of the new terms.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be resolved through binding arbitration, as governed by the rules of [Arbitration Institution].