Terms of use

Fotisma is a software service that produces marketing photographs from images you supply, using artificial-intelligence models run by a third-party processing provider. It is offered for professional use — by brands, shops, and the people who work for them.

These terms and the privacy policy are the whole agreement between you and us about the platform, and they replace any earlier version.

You accept these terms by ticking the box shown when you create your account.

Every version of these terms carries the date printed at the top of this page. The version that governs a purchase is the one in force on the day you made it, and a later change does not reach back to it.

If you use the platform for a company, you confirm you are authorised to commit that company, and “you” in these terms means the company.

You are responsible for the accuracy of your account details, for keeping your password confidential, and for everything done through your account.

Accounts may not be shared outside your company, and one account may not be used for several separate brands.

Tell us as soon as you believe someone else has reached your account. Until you do, activity through it counts as yours.

The platform is offered for professional use — by brands, shops, and the people who work for them. By accepting these terms you confirm that you use it for a trade, business, craft or profession, and not as a private consumer.

If that is not true of you, do not buy: write to us first through the contact page and we will tell you which terms apply to you and how to proceed.

Where a buyer is nonetheless a consumer resident in the European Union or the European Economic Area, nothing in these terms takes away the rights their own country's law gives them and that cannot be signed away.

The platform runs on credits. Every image costs a number of credits that is shown to you before it runs, and the amount is taken from your balance when the work is carried out.

An attempt that fails on our side or at the processing provider costs nothing, and anything held for it returns to your balance.

Prices are in euro. Any tax due is added at checkout and shown before you pay.

The contract is concluded when your payment is confirmed and the credits appear in your account. We may decline an order before that point, in which case nothing is charged.

Credits are a prepaid right to use this service. They are not money, they earn nothing, and they may not be transferred, sold, or used by anyone other than your account.

Credits are in your account and usable the moment payment is confirmed, so performance of the contract begins immediately.

If you are a consumer resident in the EU or EEA, you have the fourteen-day right of withdrawal, counted from the day of purchase. Write to us through the contact page and we will settle it as the law requires.

If you have used any of your credits within that period, the value of what was used is deducted and the balance returned.

You may ask us to return your unspent credits within fourteen days of buying them, refunded at the price you paid. After that period, unspent credits are not returned.

Credits already spent are non-refundable, because the cost is paid to the processing provider at the moment of execution.

Not liking a particular result is not grounds for a refund of its credits, because the work was carried out and charged. You are free to try again with different settings.

If anything has gone wrong with a payment, write to us first through the contact page. We answer within fourteen days. Raising a dispute with your bank before contacting us costs us a fee that a direct request does not, and it settles nothing faster.

None of the above limits any mandatory consumer right under applicable law, nor your rights if the service was not provided or was provided defectively.

You confirm that you own the rights to every image you upload, or that you have explicit permission to use it this way.

You may not upload photographs of people without their consent, or material protected by a third party's rights that you do not hold.

You grant us a limited licence to use your images for one purpose only: carrying out the request you sent. We do not use them in marketing, sell them, or share them beyond the processing described in the privacy policy.

You are responsible for what you upload. If someone brings a claim against us because of material you supplied, you will cover the resulting costs and damages — provided we tell you about the claim promptly, do not settle it without asking you, and let you take part in defending it.

The resulting images are yours, and you may use them commercially: in your shop, your advertising and your social accounts.

These images are produced by artificial intelligence, and the people shown in them are not real people. Some platforms and marketplaces require that this be disclosed, and complying with the rules of wherever you publish is your responsibility.

We do not guarantee that any two images will be identical, or that an earlier result can be reproduced exactly.

Nothing here is exclusive. The same models serve other customers, and a similar request can produce a similar image for someone else.

We make no promise that an AI-generated image can be protected by copyright, or that it resembles no existing work. Checking that a picture is fit for your market is your part of the job.

You may not use the platform to produce unlawful material, sexual material, material depicting minors, or material intended to impersonate a real person or imply their endorsement of your product.

You may not attempt to circumvent the platform's technical limits, drive heavy automated access, or resell the platform's compute as a service of your own.

Breaching this section may result in immediate suspension, and section 12 says what then happens to any credits you hold.

We work to keep the service available, but we do not guarantee uninterrupted operation. It may pause for maintenance or because of a fault at the processing provider.

We may change, add to, or withdraw tools and styles. We will tell you about any material change that affects credits you have already bought.

You may close your account at any time.

We may suspend or close an account that breaches these terms, or where there is fraudulent activity or activity harmful to the platform or its users.

If you close your account yourself, unspent credits lapse, unless you are within the fourteen days set out in section 7. If we close it for any of the reasons above, we may refuse to return unspent credits, except where the law requires otherwise.

The service is provided as is. We are not liable for indirect or consequential damages, or for commercial losses arising from your use of the images produced.

In any event, our total liability will not exceed what you paid the platform in the twelve months before the event.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be excluded.

We may amend these terms. For a material change we will update the date at the top of this page and tell account holders before it takes effect.

A change does not apply to credits you have already bought; they remain usable on the terms you bought them under. If you do not accept a material change, stop using the platform; the return of unspent credits remains subject to the fourteen days in section 7.

These terms are governed by Italian law.

Any dispute goes to the competent courts of Italy.

If you are a consumer resident in the EU or EEA, this does not deprive you of the protection of the mandatory rules of your own country, and you may bring proceedings before the courts of your place of residence.

For any question about these terms, reach us through the contact page.

Any notice you give us under these terms should be sent the same way.