Terms of Use

These Terms of Use constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Fotto.AI (“Company”, “we”, “us”, or “our”), a company registered in the Netherlands, concerning your access to and use of the https://fotto.ai website and any related media, mobile applications, or connected services (collectively, the “Site”). You can contact us at fottoai@deevise.com.

By accessing or using the Site, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Site.

We may update these Terms at any time. We will indicate changes by updating the “Last updated” date above. Your continued use of the Site after any change constitutes acceptance of the revised Terms.

The Site is intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Site.

Fotto.AI is an AI photo generation service. You upload reference photos of yourself, create a “character” describing your appearance, and our AI generates new photos of you in various scenes, styles, and settings for personal use — such as dating profiles, social media, or headshots.

Generated photos are created using third-party AI models. Results depend on the quality of the reference photos you provide and are not guaranteed to be free of artifacts or inaccuracies.

Fotto.AI is an independent service and is not affiliated with, endorsed by, or sponsored by any dating app, social network, or photography brand mentioned on the Site. Trademarks referenced on the Site belong to their respective owners.

By using the Site, you represent and warrant that:

• All registration and account information you submit is true, accurate, and complete.
• You have the legal capacity to enter into these Terms and are at least 18 years old.
• You will not use the Site for any illegal or unauthorized purpose.
• You own the rights to, or have permission to use, every photo you upload. You will only upload photos of yourself and will not upload photos of other people without their explicit consent.
• You will not upload photos of minors under any circumstances.
• Your use of the Site will not violate any applicable law, regulation, or third-party rights (including privacy and intellectual property rights).

If you provide information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your account.

You retain full ownership of the photos you upload and the AI-generated photos produced for you. We claim no ownership over your photos or your likeness.

To generate photos, you grant us a limited, non-exclusive, worldwide, royalty-free license to process, store, and transmit your uploaded photos solely for the purpose of providing the service to you — including passing them to the underlying AI model for generation.

We do not keep your photos indefinitely.

Your reference photos and AI-generated photos are deleted from our servers on a rolling basis after processing. You can also delete any individual photo or your entire character at any time from your dashboard. When you delete your account, all associated photos and data are permanently removed. See our Privacy Policy for details on retention and deletion.

We do not use your uploaded photos to train AI models, sell them to third parties, or use them for advertising.

To use most features of the Site, you must create an account. You are responsible for keeping your login credentials confidential and for all activity under your account.

You can delete your account at any time directly from your dashboard.

Account deletion is self-service: go to your profile settings in the dashboard and choose “Delete account.” This action is permanent and will remove all of your characters, uploaded photos, generated photos, and personal data from our systems. Some records may be retained only as required by law (for example, billing records for tax purposes).

Fotto.AI operates on a credit-based system. Each generated photo consumes credits. You may purchase credits as a one-time payment or as part of a subscription plan. Prices are displayed on the pricing page and are subject to change at our discretion. All payments are processed through our payment providers (such as Stripe).

By purchasing credits or subscribing, you authorize us to charge your chosen payment method. Subscriptions renew automatically until cancelled. You can cancel a subscription at any time from your dashboard, and the cancellation will take effect at the end of the current billing cycle.

We reserve the right to correct pricing errors and refuse any order at our discretion.

We offer a full money-back guarantee. If you are not happy with your generated photos for any reason, simply email us at info@fotto.ai from the email address associated with your account and include a short description of the issue, and we will issue a full refund to your original payment method.

See our Refund Policy page for full details on how to request a refund and what to include in your email.

You agree not to use the Site to:

• Upload photos of anyone other than yourself without their explicit consent.
• Upload photos of minors, or photos that are sexually explicit, violent, or otherwise illegal.
• Generate non-consensual imagery, deepfakes intended to deceive or impersonate, or any content intended to harass, defame, or harm another person.
• Create content that violates any law or third-party rights.
• Attempt to reverse-engineer, scrape, or programmatically abuse the Site or its underlying AI models.
• Use the Site to circumvent content moderation or safety filters on the underlying models.
• Resell, sublicense, or use the Site’s outputs to compete with Fotto.AI.
• Interfere with the Site’s security features or disrupt service for other users.

Violation of these rules may result in immediate suspension or termination of your account without refund, and we may report serious violations to law enforcement.

The Site, including its design, source code, text, graphics, and branding (excluding your uploaded photos and generated outputs) is owned by Fotto.AI and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from the Site without our prior written permission.

The Site is provided “as is” and “as available,” without warranties of any kind, either express or implied. We do not guarantee that the Site will be uninterrupted, error-free, or produce results that meet your specific expectations. AI-generated photos may contain artifacts, inaccuracies, or unexpected outputs, and you use them at your own risk.

To the fullest extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

To the fullest extent permitted by law, Fotto.AI and its directors, employees, and agents will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site, including lost profits, lost data, or loss of goodwill, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising from these Terms or your use of the Site will not exceed the amount you paid to Fotto.AI during the three (3) months preceding the claim.

You agree to defend, indemnify, and hold harmless Fotto.AI from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from: (1) your use of the Site, (2) your violation of these Terms, (3) your violation of any third-party right (including privacy, publicity, or intellectual property rights), or (4) any content you upload to the Site.

We may suspend or terminate your access to the Site at any time, with or without notice, if we believe you have violated these Terms. Upon termination, your right to use the Site ends immediately. Sections of these Terms that by their nature should survive termination (such as intellectual property, disclaimers, and limitations of liability) will continue to apply.

These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to conflict-of-law principles. Any disputes arising from these Terms or your use of the Site will be subject to the non-exclusive jurisdiction of the courts of Amsterdam, the Netherlands. If you are a consumer resident in the EU, you also benefit from mandatory consumer protections of your country of residence.

We may update these Terms from time to time. We will update the “Last updated” date at the top of this page. For material changes, we may also notify you via email or an in-app notice. Continued use of the Site after the effective date of the changes constitutes acceptance of the updated Terms.

If you have questions about these Terms, please contact us at fottoai@deevise.com.

Fotto.AI
Registered in the Netherlands
Email: fottoai@deevise.com