Termini di servizio

Welcome to FASHN. These Services are provided by FASHN LTD ("FASHN"), a company registered in England and Wales under company number 14979714. Please read these Terms of Service ("Agreement" or "Terms") carefully. This Agreement governs your access to and use of the FASHN website, applications, API, and any related services, features, and content we offer (collectively, the "Services"). By accessing or using the Services in any manner, you agree to be bound by these Terms. Our Privacy Policy explains how FASHN handles personal data when acting as a Controller; it is a privacy notice and is not part of these Terms.

In these Terms, "Customer" means the individual or entity agreeing to them. If you use the Services for an entity, you confirm that you have authority to bind that entity, and "you" includes the Customer and its authorised users.

If FASHN processes personal data on behalf of a business Customer as a Processor or Sub-processor through the Services, the Data Processing Addendum is incorporated into this Agreement. A separately signed data processing agreement or data-protection term in an order form takes precedence over the public Data Processing Addendum to the extent of a conflict.

Description of the Services

FASHN provides AI services for generating, editing, and transforming visual media, including images and video. These Services include virtual try-on, product-to-model and model generation, background replacement, face swaps, upscaling, reframing, image-to-video generation, and related capabilities. The Services are available through our website, web and mobile applications, and API.

In these Terms, "App" means FASHN's web and mobile applications, and "API Services" means access to and use of the FASHN API, including related subscriptions and credit packages.

To provide these Services, Customer Content may be processed using a combination of proprietary FASHN technology and third-party AI services. When those providers process Customer Personal Data on a business Customer's behalf, the applicable terms are described in our Data Processing Addendum and Subprocessor List.

Changes to Terms and Service Availability

Changes to These Terms:We may update these Terms to reflect changes to the Services, applicable law or regulatory requirements, security or safety needs, or the way the Services are delivered. We will publish the updated Terms and revise the "Last Updated" date. If a change materially and adversely affects your rights, we will provide reasonable advance notice by email or through the Services, unless the change must take effect sooner for legal, security, or safety reasons. Changes apply prospectively. If you do not agree to an update, you must stop using the Services before it takes effect. Continued use after the effective date constitutes acceptance of the updated Terms.

Changes to the Services: We may add, modify, suspend, or discontinue features as the Services evolve. We may also temporarily restrict access where reasonably necessary for maintenance, security, legal compliance, or preventing misuse. We do not guarantee that every feature will remain available. If we discontinue an entire prepaid Service during a current paid period, we will provide any refund or other remedy required by applicable law. Nothing in this section affects your statutory rights.

User Eligibility

You must be at least 18 years old, or the age of legal majority where you live if higher, to create a FASHN account or use the Services directly.

This requirement does not prevent a business Customer from making the Services available to end users through a permitted API integration. The Customer is responsible for ensuring that its end users' use is lawful, including obtaining parental or guardian consent where required.

Business and Consumer Use: The Services are primarily designed for businesses and professionals. API access, API subscriptions, and API credit packages are offered to businesses and developers for trade, business, craft, or professional purposes. By purchasing or using API Services, you confirm that you are doing so primarily for one of those purposes.

If you purchase an App subscription or App credits primarily for personal purposes, mandatory consumer rights under applicable law may apply. These may include a statutory right to cancel or withdraw from certain purchases. To exercise a right that applies to you, contact [email protected]. Nothing in these Terms limits rights that cannot lawfully be excluded.

Account and API Security

You must take reasonable steps to keep your individual login credentials and API keys secure. Individual login credentials may not be shared. If more than one person needs direct account access, you should invite them as a collaborator to your FASHN Organization. API keys may be used by personnel and systems authorised to act on your behalf, and you are responsible for managing their access and use. You must not sell, publish, disclose an API key to an unauthorised person, expose it in public or client-side code, or allow a third party to use it for its own independent benefit. If you suspect unauthorised access or disclosure, promptly revoke or rotate the affected credential and notify [email protected] if your account may have been compromised.

Acceptable Use

Permitted Use: You may use our Services for any lawful generation, editing, or transformation of visual media, including personal and commercial use in accordance with your subscription plan. You must have the rights or permissions required to use any visual media that you upload, including the consent of an identifiable individual where required by law.

API Integrations: You may use our API to incorporate the Services into applications and services that you make available to your own users or customers, subject to these Terms and our API documentation and the restrictions in this section.

Prohibited Content: You may not use the Services to create, upload, or disseminate content that:

• Violates any applicable laws, rules, or regulations.
• Infringes on the intellectual property or other rights of any person or entity.
• Creates deceptive or misleading visual media of real, identifiable individuals without their consent.
• Exploits or harms minors in any way.
• Is pornographic, contains explicit nudity, or depicts minors in any sexual or exploitative context.
• Spreads false information intended to harm others, supports terrorism, or promotes violence against protected groups.
• Is threatening, abusive, defamatory, libellous, deceptive, invasive of privacy, or otherwise objectionable.
• Violates applicable AI regulations or uses the Services to generate content that would violate such regulations.

Prohibited Platform Use: You may not:

• Interfere with, disrupt, or impose an unreasonable load on the Services or their infrastructure.
• Use automated means, bots, or scripts to access the Services except through our official API in accordance with its documentation.
• Reverse engineer, decompile, or extract any aspect of the Services or their underlying technology.
• Resell or sublicense standalone access to the FASHN API; share individual login credentials; sell, publish, or provide API keys to an unauthorised person; or allow a third party to use your credentials for its own independent benefit. This does not prohibit the use of API keys by personnel and systems authorised to act on your behalf, or the processing of requests from users through an application or service that you operate as permitted in this section.
• Represent yourself as FASHN or as an authorised FASHN reseller without our prior written consent.
• Upload harmful software or engage in activities that compromise the security or performance of the Services.

Content Responsibility: You are responsible for the content you submit and for how you use or distribute generated Outputs. You must ensure that you have the rights and permissions required for submitted content and that your use of Outputs complies with these Terms and applicable law.

Monitoring and Enforcement: FASHN reserves the right to investigate suspected violations and take appropriate action, including restricting content, suspending or terminating access, preserving relevant evidence, reporting suspected unlawful conduct to the appropriate authorities, and pursuing available civil remedies.

Your Content and Intellectual Property

In these Terms, "Customer Content" means images, video, prompts, instructions, reference media, generated outputs, and other content that you submit to, generate through, or store in the Services.

Your Ownership: You retain all rights, title, and interest that you have in Customer Content. Except for the limited licence described in this section, nothing in these Terms transfers ownership of your Customer Content to FASHN.

License You Grant to FASHN: By using the Services, you grant FASHN a limited, non-exclusive, royalty-free licence to:

• Process your content using our technology and, where applicable, third-party AI services to fulfil your generation and editing requests.
• Where the relevant Service provides a gallery, history, or other storage feature, store your content for your continued access.
• Deliver your content via our delivery infrastructure and API.
• Cache your content temporarily for performance optimisation.
• Make your content accessible to members of your Organization, where applicable.
• Deliver your content to integration endpoints that you configure.

Generated Outputs: As between you and FASHN, and to the extent permitted by applicable law, you own the outputs generated for you. FASHN assigns to you any rights it may have in those outputs. You may use them for personal or commercial purposes in accordance with your subscription plan. Storage and availability depend on the Service and delivery path you use.

Outputs may not be unique, and other customers may receive the same or similar outputs. Your rights in an output may depend on applicable law and the rights you hold in input or third-party content. FASHN does not guarantee that an output is protected by intellectual property rights or that its use will not infringe third-party rights. You are responsible for reviewing outputs and ensuring that your intended use is lawful.

FASHN Intellectual Property: All logos, marks, and designations of FASHN are trademarks or registered trademarks owned by FASHN. The Services, including their design, features, and functionality, are owned by FASHN and protected by intellectual property laws. You are granted a non-exclusive, limited, non-transferable, non-sublicensable, and non-assignable licence to access and use the Services for personal or business purposes, subject to your compliance with these Terms.

Copyright Infringement: If you believe that material hosted or made available through the Services infringes your copyright, contact [email protected] with sufficient information to identify the protected work and the allegedly infringing material. FASHN may remove or restrict access to infringing material and may suspend or terminate repeat infringers where appropriate.

Organizations

Shared Workspaces:The Services support multi-member workspaces called "Organizations." Organization owners can invite or remove collaborators and manage membership, access, billing, and subscriptions. Members share the Organization's App credits and can access assets created within that Organization. Content created while using an Organization remains associated with it and is visible to its members.

Membership:Organization owners are responsible for managing member access. If a member leaves or is removed, they lose access to the Organization's assets and plan, while content they created within the Organization remains associated with it.

Owner Account Deletion: If an Organization owner deletes their account, the Organization will close, its members will lose access to Organization data, and associated data will be scheduled for deletion under the applicable Data Processing Addendum or Privacy Policy. Members retain their personal accounts.

Fees and Payments

• Subscription Plans: FASHN offers paid subscription plans with monthly and annual billing cycles. Subscriptions may be purchased through our website or via in-app purchase on supported platforms. Available plans and billing intervals may vary by platform. Subscriptions automatically renew at the end of each billing period.
• Payment Methods and Automatic Charges: You must provide accurate billing information and a valid payment method. You authorise FASHN and its payment processors to charge that payment method for purchases, recurring subscription renewals, applicable taxes, and API auto top-ups you enable. You are responsible for maintaining a valid payment method and for the auto top-up settings you select.
• Credits: Services are consumed using credits. App subscription plans include a monthly credit allocation, and certain plans also include bonus daily credits that refresh every 24 hours and do not accumulate. Additional app credits can be purchased as top-up packages. App credits and API credits are separate. API usage is billed separately using API credits, which can be obtained through dedicated API subscription plans or one-time API credit packages.
• Credit Renewal and Expiry:Daily bonus credits refresh every 24 hours and unused daily credits do not carry over. Monthly subscription credits reset according to the applicable plan's credit cycle. Top-up credits purchased at their standard price expire 12 months from the date of purchase. Discounted API top-up credits purchased in connection with an API subscription are tied to that subscription; if the subscription is not renewed, any remaining discounted credits expire at the end of the current billing period.
• Credit Status: Credits are units for consuming the Services, are not currency, and cannot be redeemed for cash. Credits may not be resold or transferred between accounts or Organizations unless FASHN expressly permits it.
• Cancellations (Direct Billing): Subscriptions purchased through our website may be cancelled at any time through the application or by contacting [email protected]. You will retain access to your plan until the end of the current billing period.
• Cancellations (App Store): Subscriptions purchased through the Apple App Store or other app stores are managed and cancelled through the respective app store.
• Refunds:Except where required by law or expressly stated otherwise, subscription fees and credit purchases are non-refundable. This includes business purchases, unused credits, and generated results that do not meet personal expectations. If FASHN voluntarily approves a refund that is not required by law, it may deduct the value of credits consumed and payment-processing fees that FASHN cannot recover. App Store refund requests are governed by the applicable store's policies.
• Failed Payments: If a subscription renewal or other authorised payment cannot be completed when due, FASHN may suspend access to the affected paid Services until payment is completed or a valid payment method is provided.
• Price Changes: FASHN may change subscription prices, credit-package prices, and the credit cost of using particular Services. Subscription price increases will apply no earlier than the next renewal after any advance notice required by law. Other changes apply prospectively and will be displayed before the applicable purchase or use.
• Taxes: Fees do not include applicable taxes unless stated otherwise. You are responsible for applicable taxes, including VAT, GST, and sales tax. Where required by law, FASHN or its payment provider will calculate and collect taxes based on your billing information and the applicable tax rates.

Termination

• Termination or Suspension by FASHN: FASHN may suspend or terminate your access to all or part of the Services if you materially breach these Terms, if required by applicable law, or if FASHN reasonably determines that your use creates a material security risk or risk of harm to FASHN, the Services, or others.
• Termination by You: You may terminate your account through the account settings in the application. If you have an active mobile subscription purchased through an app store, you must cancel it through the relevant app store before deleting your account.
• Effect of Termination: Termination ends your right to access and use the Services but does not affect your ownership of Customer Content or Outputs already generated under these Terms. Any amounts due before termination remain payable. Following account closure, Customer Content and personal data will be handled under the applicable Service and data-retention terms, including the Privacy Policy and, where FASHN processes Customer Personal Data on behalf of a business Customer, the Data Processing Addendum. Provisions of this Agreement that by their nature should survive termination, including ownership provisions, payment obligations, warranty disclaimers, indemnification, limitations of liability, and dispute-resolution provisions, will survive.

Indemnification

If you use the Services for business or organizational purposes, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless FASHN, its affiliates, and their respective directors, employees, and agents from third-party claims, liabilities, losses, damages, and reasonable legal costs arising from:

• Customer Content you submit, including a claim that it infringes another person's intellectual property, privacy, or other rights;
• your use or distribution of Outputs in violation of applicable law or another person's rights; or
• your material breach of these Terms.

This obligation does not apply to the extent that a claim results from FASHN's breach of these Terms or unlawful conduct. FASHN may assume control of the defence of a covered claim, and you agree to provide reasonable cooperation.

Limitation of Liability and Disclaimer

Service and Output Disclaimers:The Services are provided on an "as is" and "as available" basis. If you use the Services for business or organizational purposes, FASHN disclaims, to the extent permitted by law, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because artificial intelligence is probabilistic, Outputs may contain inaccuracies, artefacts, or unexpected results and may not be unique. FASHN does not guarantee the accuracy, quality, originality, or suitability of Outputs. You are responsible for reviewing Outputs before using or relying on them.

Business Customers:If you use the Services for business or organizational purposes, FASHN and its affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business, goodwill, or data, arising from or relating to the Services, regardless of the legal theory involved. FASHN's aggregate liability for all claims arising from or relating to the Services will not exceed the greater of £500 or the amount you paid FASHN during the 12 months preceding the event giving rise to the claim.

Consumers: If you use the Services primarily for personal purposes, FASHN is responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. FASHN is not responsible for business losses, losses that were not reasonably foreseeable, or losses you could have avoided by taking reasonable steps.

Liabilities That Cannot Be Limited: Nothing in these Terms excludes or limits liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited. Nothing in these Terms affects statutory rights available to consumers.

Dispute Resolution

Informal Resolution: If a dispute arises, please contact [email protected]. You and FASHN agree to try in good faith to resolve the dispute informally before starting formal proceedings. This does not prevent either party from seeking urgent relief or exercising rights that cannot lawfully be restricted.

Governing Law and Courts: These Terms are governed by the laws of England and Wales. If you use the Services for business or organizational purposes, the courts of England and Wales will have exclusive jurisdiction over disputes arising from or relating to these Terms or the Services.

If you use the Services primarily for personal purposes, this choice of law does not deprive you of mandatory consumer protections provided by the laws of the country where you live. You may bring proceedings in any court that has jurisdiction under applicable consumer law.

General Provisions

Third-Party Links: The Services may contain links to websites or services that FASHN does not control. FASHN is not responsible for their content or practices, and including a link does not imply endorsement. Your use of a third-party service may be subject to its own terms and privacy policy.

Assignment:You may not assign or transfer these Terms without FASHN's prior written consent. FASHN may assign or transfer its rights and obligations to an affiliate or to a successor in connection with a merger, acquisition, reorganization, or sale of the business or assets associated with the Services. Any assignment will not reduce rights available to consumers under applicable law.

Severability: If any part of these Terms is held unenforceable, the rest remains in effect.

Entire Agreement: These Terms, any applicable service-specific terms, the Data Processing Addendum where applicable, and any order form or separately signed agreement between you and FASHN constitute the entire agreement concerning the Services and supersede prior communications concerning them. If a signed agreement or order form specifies a different order of precedence, that order will apply.

Delay in Enforcement: If either party delays or fails to enforce any provision of these Terms, it may still enforce that provision later.

No Agency: Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and FASHN. Neither party may bind the other without written authority.

Notices: Notices to FASHN should be sent to [email protected]. FASHN may send notices to the email address associated with your account or display them within the Services. Notices about generally applicable updates may also be published on our website. You are responsible for keeping your account contact details current.

Contact Us

For questions regarding these Terms of Service, contact us at [email protected].