Terms & Conditions
By accessing and placing an order with Fotospin, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Fotospin.
Under no circumstances shall the Fotospin team be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Fotospin team or an authorized representative has been advised of the possibility of such damages.
If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
Fotospin will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resource usage policy at any moment.
License
Fotospin grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the app strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Fotospin (referred to in these Terms & Conditions as "Fotospin", "us", "we" or "our"), the provider of the Fotospinwebsite and the services accessible from the Fotospin website (which are collectively referred to in these Terms & Conditions as the "Fotospin Service").
You agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Fotospin Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are strictly defined as:
Cookie: a small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company: When this policy mentions "Company," "we," "us," or "our," it refers to Barspin Ventures LTDA which is responsible for your information under these Terms & Conditions.
Country: where Fotospin or the owners/founders of Fotospin are based, in this case, Brazil.
Device: any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Fotospin and use the services.
Service: refers to the service provided by Fotospin as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Fotospin site, which can be accessed via this URL: fotospin.com.br
You: a person or entity that is registered with Fotospin to use the Services.
Restrictions
You agree not to, and you will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Fotospin or its affiliates, partners, suppliers, or licensors of the app.
Prohibited Uses
You agree that you will not, and will not permit any person accessing the Service using your account or device to do any of the following:
Use the Service in any manner not permitted by these Terms;
Use the Service for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others;
Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory, or racist content, or any content that infringes or violates another person's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
Copy (except as expressly permitted by these Terms) or modify the Service;
Frame, mirror, display, or incorporate the Service or any portion into any other program, site, service, or product;
Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products, or services;
Use any data mining or similar automated or manual data extraction, gathering, or scraping methods in connection with the Service;
Circumvent, bypass, defeat, modify, tamper, or disable any content protection system, digital rights management, security feature, or functionality in the Service; or
Allow others to do any of the foregoing.
Our Intellectual Property Rights
We or our licensors retain and exclusively own all rights, title, and interest in and to the Service and its content (including software, artwork, photos, videos, music, sounds, text, information, and other materials posted, provided, or otherwise made available through the Service, but excluding any User-Generated Content), including all intellectual proprietary rights, whether registered or not, which include but are not limited to, copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Service.
We reserve all rights not expressly granted to you under these Terms.
User-Generated Content
The Service or one or more Promotions (as defined below) may provide features that allow you to upload, store, receive, create, modify, share, or publish textual, visual, audio, or other content (collectively, the "User-Generated Content").
We do not claim any ownership rights to the User-Generated Content.
In order to allow us to operate, provide you with, and improve the Service and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights.
You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with the applicable privacy policy. You will not be entitled to compensation for any use of User-Generated Content by us under these Terms.
You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Service and, when applicable, in connection with the Promotion.
Generative AI Features
The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the "Generative AI Features").
The Generative AI Features may allow you to insert or upload as images ("Input"). Based on the Input, you may generate and receive as output content such as images, video, or ("Output"). Your Input and Output are considered User-Generated Content under these Terms and, as between you and us, your Input and Output are yours.
Without limiting section 6 (Prohibited Uses), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:
Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition, or certain firearms accessories;
Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status, or any other characteristic that is associated with systemic discrimination or marginalization; or
Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.
Types of data, how data is used, and retention: Activities that we perform only with your consent when performed, the following activities are performed only with your consent. This means it's up to you to decide whether or not to provide your personal data, and you have the right to withdraw your consent at any time. If you choose not to provide your data, you'll still be able to enjoy the app's services and features.
a) Editing Improvement & AI training
In some jurisdictions, only with your consent, we may use personal data to improve our photo-video editing and generative features in Fotospin and other apps provided by us and our subsidiaries and to offer a better service. For example, we may use your images and videos to train and validate our photo-video editor algorithms.
Categories of data. The following data is used:
Images and videos you upload
Face data processed to generate AI images
Enhanced images and videos and AI images generated by Fotospin
While face data may be considered biometric data in some jurisdictions, the technologies we implement in the app don't identify or authenticate people in the images or videos you upload, nor are we training our technologies to do so. We don't collect or use face data of US-based users to improve our photo-video editing and generative features, nor to train our photo-video editor algorithms.
Legal basis. Where this activity is performed, it is based on your consent (Article 6.1.a GDPR and Article 9.2.a GDPR). Without your explicit consent, we won't perform this activity. You can check and update the permissions you've granted at any moment in the app's privacy settings.
Storage. When we retain images and videos that you upload, face data, images, and videos enhanced, and AI images generated by Fotospin for the purpose of improving our photo-video editing and generative features, this data is retained for a maximum of one (1) year from the collection.
After this period, unless any legal obligations require that the data be retained for longer, the data is either deleted or anonymized.
b) Image generation improvement
Only with your consent, when you report issues about the AI generation, we may use your images and videos to check and rectify the reported issues and improve the generation of future images.
Categories of data. The following data is used:
Images and videos you upload when reporting issues about the AI generation
Legal basis. This activity is based on your consent. Storage. We retain the data used for this purpose up to thirty (30) days from the upload.
c) Marketing
We use your personal data to carry out marketing activities and to send you information and marketing communications about our apps (such as tips, offers, and newsletters) through emails and push notifications.
Categories of data. The following data is used:
User identifiers (such as Apple ID) and mobile identifiers (such as IP address, device identifiers, and custom identifiers that we generate to identify our users)
Information about your interaction with the app
Inferences we generate about your use of and experience with the app
We'll send you push notifications only if you grant the relevant permission by enabling push notifications on your mobile operating system settings.
Legal basis. These activities are based on your consent.
Without your explicit consent, we don't perform these activities. You can check and update the permissions you've granted at any moment in the app's privacy settings. When we use your email to send you information about products and services related to or similar to the app ("soft opt-in"), the legal basis is our legitimate interest.
Storage. We retain personal data used for this purpose for a maximum of two (2) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Upon the expiry of the retention period, unless any legal obligations require that the data be retained for longer, the data is either deleted or anonymized.
Types of data, how data is used, and retention: Activities that we perform only in extraordinary circumstances although it doesn't happen by default, your personal data may be processed in certain extraordinary circumstances that aren't related to the functioning of the product. These extraordinary circumstances are as follows:
a) Extraordinary circumstances: For compliance with legal obligations
Your personal data may be used to comply with our legal obligations, including requests from public authorities, and to prove that we have complied with them, such as in the event of a request from a public authority.
Categories of data. We may process any kind of information that may be required by law or under the instructions of public authorities.
Legal basis. When this activity is required by a specific legal obligation, your personal data may be used to the extent required to comply with the legal obligation itself. When the applicable law leaves some discretion in assessing the appropriate way to comply with it, your personal data is used based on our legitimate interest to prove our compliance.
Storage. We retain personal data used for this purpose for a maximum of five (5) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.
b) Extraordinary circumstances: For defense
Your personal data may be used to establish, exercise, or defend our rights and those of our employees, and to carry out corporate transactions or operations. For example, your data may be processed in the event of bankruptcy, merger, acquisition, reorganization, and sale of assets or assignments, and the due diligence related to any such transactions.
Categories of data. We may process any kind of information necessary to ensure the correct execution of the activity.
Legal basis. This activity is based on our legitimate interest to establish, exercise, or defend our rights, and to carry out corporate transactions or operations.
Storage. We retain personal data used for this purpose for a maximum of ten (10) years from your most recent interaction with the app, or from the expiration of your subscription. If you access the app after your subscription has expired, the retention period starts from this most recent interaction. Specific legal obligations might require different retention periods and, in such cases, those different periods will apply. Upon the expiry of the retention period, the data is either deleted or anonymized.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Fotospin with respect to the app shall remain the sole and exclusive property of Momo.
Fotospin shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Your Consent
We've updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our app, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Fotospin. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Fotospin uses "Cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our app but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the app as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that Fotospin may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Fotospin's sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Fotospin when you stop using the Service. You acknowledge and agree that if Fotospin disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials that are contained in your account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.
Modifications to Our app
Fotospin reserves the right to modify, suspend, or discontinue, temporarily or permanently, the app or any service to which it connects, with or without notice and without liability to you.
Updates to Our app
Fotospin may from time to time provide enhancements or improvements to the features/ functionality of the app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the app. You agree that Fotospin has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the app, and (ii) subject to the terms and conditions of this Agreement.
Third-Party Services
We may display, include, or make available third-party content (including data, information, applications, and other product services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Fotospin shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fotospin does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-party services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Fotospin.
Fotospin may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Fotospin, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies thereof from your computer.
Upon termination of this Agreement, you shall cease all use of the app and delete all copies of the app from your computer.
Termination of this Agreement will not limit any of Fotospin's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner's agent and believe any material on our app constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Fotospin and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the app; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The app is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Fotospin, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the app, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Fotospin provides no warranty or undertaking, and makes no representation of any kind that the app will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Fotospin nor any Fotospin provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the app, or the information, content, and materials or products included thereon; (ii) that the app will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the app; or (iv) that the app, its servers, the content, or e-mails sent from or on behalf of Fotospin are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Fotospin and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app.
To the maximum extent permitted by applicable law, in no event shall Fotospin or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the app, third-party software and/or third-party hardware used with the app, or otherwise in connection with any provision of this Agreement), even if Fotospin or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability
If any provision of this Agreement 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.
This Agreement, together with the Privacy Policy and any other legal notices published by Fotospin on the Services, shall constitute the entire agreement between you and Fotospin concerning the Services.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Fotospin's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Fotospin AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require the performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Fotospin reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our app after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Fotospin.
Entire Agreement
The Agreement constitutes the entire agreement between you and Fotospin regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Fotospin.
You may be subject to additional terms and conditions that apply when you use or purchase other Fotospin services, which Fotospin will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
Intellectual Property
The app and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Fotospin, its licensors or other providers of such material and are protected by TR and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Fotospin, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Fotospin INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Fotospin concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Fotospin must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected] will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Fotospin will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Fotospin may commence arbitration.
Binding Arbitration
If you and Fotospin don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data, or proposals, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Fotospin without any compensation or credit to you whatsoever. Fotospin and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Promotions
Fotospin may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
Analytics and Tracking Using Microsoft Clarity
Use of Microsoft Clarity for Analytics: Our application uses Microsoft Clarity, a web analytics service provided by Microsoft Corporation, to better understand the behavior of our users on our platform. This service helps us in analyzing user interactions and improving the overall user experience.
Data Collected by Microsoft Clarity: Microsoft Clarity captures data such as mouse movements, scrolling behavior, clicks, and other interactions on our platform. This information is used to create heatmaps, and session recordings, and provide analytics insights.
Purpose of Data Collection: The data collected through Microsoft Clarity is solely for analytics purposes, such as understanding user engagement and improving website functionality. This data is not used for creating user profiles for advertising or other non-analytical purposes.
Compliance with Data Protection Laws: We comply with all applicable privacy and data protection laws. Our use of Microsoft Clarity adheres to these laws, including the General Data Protection Regulation (GDPR) for our users in the European Union.
Your Consent: By using our application, you consent to the processing of data about you by Microsoft Clarity in the manner and for the purposes set out above.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price.
We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Fotospin.
Fotospin will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Fotospin operates and controls the Fotospin Service from its offices in TR.
The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.
Accordingly, those persons who choose to access the Fotospin Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms & Conditions (which include and incorporate the Fotospin Privacy Policy) contain the entire understanding and supersede all prior understandings, between you and Fotospin concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Fotospin is not responsible for any content, code, or any other imprecision.
Fotospin does not provide warranties or guarantees.
In no event shall Fotospin be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Fotospin Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Fotospin is a distributor and not a publisher of the content supplied by third parties; as such, Fotospin exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service or merchandise provided through or accessible via the Fotospin Service.
Without limiting the foregoing, Fotospin specifically disclaims all warranties and representations in any content transmitted on or in connection with the Fotospin Service or on sites that may appear as links on the Fotospin Service, or in the products provided as a part of, or otherwise in connection with, the Fotospin Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.
No oral advice or written information given by Fotospin or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Fotospin does not warrant that the Fotospin Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don't hesitate to contact us if you have any questions.
Via Email: [email protected]
Generative AI and Model Usage
1. Model Creation and Usage: - You acknowledge that the Service uses artificial intelligence to create and process models from your uploaded images - You are solely responsible for ensuring you have the right to use any images you upload for model creation - You must have complete permission to use the images for model creation - You are responsible for how the generated models and images are used
2. Generated Content Rights: - You retain rights to the images you upload - You retain rights to the models generated from your images - You retain rights to the images generated using your models - Fotospin retains the right to use anonymous data for service improvement
3. Usage Restrictions: You agree not to use the Service to: - Create content that causes harm to others - Generate offensive or deceptive content - Violate any third-party rights - Create content for illegal purposes - Generate content that could be used to deceive or mislead others - Create content that could be used for identity theft or fraud
4. Liability for Generated Content: - You accept full responsibility for the use of generated models and images - You agree to indemnify Fotospin against any claims arising from your use of the Service - Fotospin is not liable for any misuse of the Service or generated content - You are responsible for ensuring compliance with all applicable laws and regulations
Subscription and Payment Terms
1. Subscription Options: - Weekly subscription - Annual subscription - Prices and features may be modified at any time
2. Payment Processing: - Subscriptions are processed through RevenueCat - Payments are handled by the respective app stores (Google Play Store or Apple App Store) - Subscription management is done through the respective app stores
3. Refunds and Cancellations: - Refund requests must be submitted through fotospin.com.br/contact-us - Refunds are subject to the policies of the respective app stores - Subscription cancellations must be done through the respective app stores
Data Management and Deletion
1. Data Deletion: - You can request complete deletion of your data at any time - Visit fotospin.com.br/delete-my-data to submit a deletion request - We will process your request and delete your data from our systems - Some anonymous data may remain in analytics systems
2. Data Retention: - Your data is stored as long as you use the Service - You can request deletion at any time - Anonymous analytics data may be retained for service improvement
Third-Party Services
1. FAL.ai Integration: - We use FAL.ai for model processing and storage - Images are temporarily stored and automatically deleted after model creation - Generated models are stored on FAL.ai's databases - We store only the URL reference to your model in our database
2. Analytics and Attribution: - PostHog: Used for anonymous analytics to improve our Service - AppsFlyer: Used as a Mobile Measurement Partner for attribution tracking - Analytics tracking is mandatory and cannot be opted out of
3. Authentication Services: - Google Sign-In: We collect your email address when you choose to sign in with Google - Apple Sign-In: We collect your email address when you choose to sign in with Apple - You can use our Service anonymously without providing an email address
4. Payment Processing: - RevenueCat: Used to manage subscriptions and in-app purchases - Purchase history is stored anonymously - Refund requests are processed through fotospin.com.br/contact-us
User Content and Generated Content
1. Content Rights: - You retain all rights to your uploaded images - You retain all rights to models generated from your images - You retain all rights to images generated using your models - You are responsible for ensuring you have the right to use uploaded images
2. Content Restrictions: You agree not to upload or generate content that: - Violates any third-party rights - Is illegal or promotes illegal activities - Is harmful, offensive, or deceptive - Could be used for identity theft or fraud - Violates any applicable laws or regulations
3. Content Usage: - You are responsible for how your content is used - You must ensure compliance with all applicable laws - You must respect the rights of others - You must use the Service responsibly
Liability and Indemnification
1. User Responsibility: - You are solely responsible for your use of the Service - You are responsible for all content you upload or generate - You are responsible for ensuring compliance with laws and regulations - You are responsible for any misuse of the Service
2. Indemnification: You agree to indemnify and hold harmless Fotospin and its affiliates from: - Any claims arising from your use of the Service - Any misuse of generated content - Any violation of these Terms - Any violation of third-party rights - Any legal costs and expenses
3. Limitation of Liability: - Fotospin is not liable for any misuse of the Service - Fotospin is not liable for any generated content - Fotospin is not liable for any third-party claims - Fotospin is not liable for any indirect or consequential damages
Contact Us
Don't hesitate to contact us if you have any questions.
Via Email: [email protected]
Updated on May 2025