FotoLab Terms & Conditions

In these Terms:

"Software" means the FotoLab desktop application, including all updates, upgrades, models, documentation, and associated materials made available to You by FotoLab.

"Licence" means the right to use the Software granted to You under Section 4, in whichever tier You have selected.

"Merchant of Record" means Freemius, Inc. and its affiliates ("Freemius"), the third party through which all purchases of the Software are made and which acts as the seller of record for all transactions.

"Supported Applications" means the third-party photo management applications with which the Software is designed to operate, as listed on the FotoLab website from time to time.

"Your Content" means images, edits, metadata, keywords, and any other material that You process using the Software, together with any outputs generated from that material.

"Custom Model" means the editing style profile generated by the Software when it learns from Your Content using the Software's style-learning or model-creation tools, comprising the learned parameters, settings, and style data specific to You, and excluding the Underlying Technology.

"Underlying Technology" means the model architectures, training pipeline, inference engine, file formats, and all other software and technology used by the Software to create, store, run, or interpret Custom Models.

"Consumer" means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft, or profession.

2.1 The Software is a desktop photo editing application that uses artificial intelligence to assist with the editing of photographs. AI processing, including model training and inference, is performed locally on Your device.

2.2 The Software is designed to work alongside Supported Applications. The current list of Supported Applications, and the versions with which the Software is compatible, is published on the FotoLab website and may change from time to time. The Software is developed and maintained by FotoLab independently. FotoLab is not affiliated with, endorsed by, or sponsored by the publisher of any Supported Application, and compatibility with any Supported Application may be affected by changes made by its publisher that are outside FotoLab's control.

2.3 The Software requires an internet connection for licence validation, activation, and updates. Licence validation is performed through the Merchant of Record. The Software does not upload Your images or Your Content to FotoLab or to any server as part of its editing functions.

3.1 You must be at least 18 years of age to use the Software. By accepting these Terms, You confirm that You are at least 18 years of age and have the legal capacity to enter into a binding agreement.

3.2 The Software is licensed to individuals. If You use the Software in the course of a business, You confirm that You have the authority to accept these Terms.

5.1 All purchases of the Software are made through Freemius, which acts as the Merchant of Record. Freemius is the seller of record for Your transaction and is responsible for processing payment, calculating and remitting applicable sales taxes and VAT, issuing invoices, and operating the customer billing portal. Your purchase is also subject to the Freemius terms of sale presented at checkout.

5.2 Subscription fees are charged in advance at the start of each billing period. Monthly Subscriptions renew automatically each month and Annual Subscriptions renew automatically each year, in each case at the then-current price, unless cancelled before the renewal date.

5.3 You may cancel a subscription at any time through the billing portal. To avoid being charged for the next billing period, You should cancel at least 48 hours before the renewal date. Cancellation takes effect at the end of the current paid period, and You retain access to the Software until that date.

5.4 If a renewal payment fails and is not remedied within a reasonable period, Your subscription and access to paid features may be suspended or terminated.

5.5 FotoLab may change subscription prices. Price changes apply from Your next renewal, and You will be notified in advance of any price increase with sufficient time to cancel before it takes effect.

6.1 Your statutory rights. Nothing in this Section 6 affects Your statutory rights, including, if You are a Consumer in the United Kingdom, Your rights under the Consumer Rights Act 2015 in respect of digital content that is faulty, not as described, or not of satisfactory quality, and any equivalent mandatory rights in Your country of residence.

6.2 Right to withdraw (cooling-off). If You are a Consumer in the United Kingdom or European Union, You normally have the right to withdraw from a purchase of digital content within 14 days of purchase. The supply of digital content under Your purchase begins immediately upon purchase. By completing Your purchase and accessing or continuing to use the Software, You expressly request immediate supply of the digital content and acknowledge that You thereby lose Your right to withdraw. This applies whether or not You used a free trial before purchasing.

6.3 Monthly and Annual Subscriptions. Except where required by law or where Section 6.1 or 6.2 applies, subscription fees are non-refundable, including for partially used billing periods. Your remedy if You no longer wish to use the Software is to cancel under Section 5.3.

6.4 Lifetime Licence. Except where required by law or where Section 6.1 or 6.2 applies, the Lifetime Licence fee is non-refundable.

6.5 Platform discontinuation: subscriptions. If FotoLab permanently discontinues support for Your hardware platform or operating system during an active subscription period, You will be offered a pro-rata refund for the unused portion of Your current billing period.

6.6 Platform discontinuation: Lifetime Licence. If FotoLab permanently discontinues support for a Lifetime Licence holder's hardware platform or operating system:

(a) where the holder has held the Lifetime Licence for less than two (2) years at the point of discontinuation, a pro-rata refund will be offered, calculated by reference to the unused portion of an equivalent two-year period; and

(b) where the holder has held the Lifetime Licence for two (2) years or more, no refund will be offered.

6.7 Goodwill refunds. FotoLab may, at its sole discretion, offer refunds beyond those required by these Terms or by law. Any such refund is a gesture of goodwill and does not create an entitlement or precedent.

6.8 Refunds are processed by the Merchant of Record to the original payment method.

7.1 You may use the Software for any purpose that is lawful in Your jurisdiction, including commercial use. FotoLab does not monitor or restrict the content of images You process, and You are solely responsible for Your Content and for ensuring that Your use of the Software is lawful.

7.2 You may not:

(a) reverse engineer, decompile, disassemble, or attempt to derive the source code of, or analyse the functionality, protocols, or data formats used by, the Software, except to the extent such restriction is prohibited by applicable law;

(b) modify, adapt, or create derivative works based on the Software;

(c) remove, obscure, or alter any copyright, trademark, or other proprietary notices in the Software;

(d) use the Software, or any information derived from it, to develop, market, sell, or support any product or service that competes with the Software or any other FotoLab product or service;

(e) use the Software, its outputs, or any data generated by the Software to train, develop, or improve any machine learning models or artificial intelligence systems, other than creating Custom Models using the tools provided within the Software;

(f) share, transfer, sublicense, or otherwise make Your Licence, licence key, or account available to any other person;

(g) circumvent, disable, or interfere with licence validation, activation limits, or any other technical protection measures in the Software; or

(h) use the Software for any purpose that is unlawful in Your jurisdiction.

8.1 You may create Custom Models using the Software's tools, and You may sell, license, or distribute Your Custom Models commercially.

8.2 You may use the FotoLab name to truthfully describe a Custom Model's compatibility with the Software, including in the model's name, listings, and marketing (for example, "Golden Hour by Jeff for FotoLab" or "FotoLab-compatible"). However, You must not represent, imply, or claim that a Custom Model is created, endorsed, certified, or approved by FotoLab AI Limited, or that You are affiliated or partnered with FotoLab. In particular, You must not: (a) describe a Custom Model as "official", "certified", "verified", "approved", "by FotoLab", or use any similar designation suggesting it originates from or is endorsed by FotoLab; (b) use the FotoLab name in a business name, domain name, storefront name, or social media handle in a manner likely to suggest that You are, or are connected with, FotoLab. Naming that makes clear the Custom Model is Yours and is made for use with the Software is always acceptable.

8.3 FotoLab reserves the right to take action, including suspension or termination of Your Licence under Section 16, against users whose Custom Model sales or distribution activities infringe FotoLab's intellectual property, mislead purchasers, or damage or tarnish the FotoLab brand.

8.4 Custom Models are created, stored, and run using the Underlying Technology and operate only within the Software. Any person who acquires a Custom Model from You requires their own valid Licence to use it. You may not extract, convert, decompile, or reverse engineer the Underlying Technology embodied in a Custom Model, or attempt to make a Custom Model operate outside the Software. Nothing in this Section 8.4 limits Your ownership of, or Your right to sell or distribute, the Custom Model itself.

We build FotoLab with our community. Your feedback, suggestions, and ideas about the Software ("Feedback") genuinely shape the product, and the best version of FotoLab is one built on what working photographers tell us. Feedback is always voluntary, and You never have to provide it. If You do, You grant FotoLab a perpetual, irrevocable, worldwide, royalty-free licence to use, adapt, and build Feedback into its products and services, without payment, attribution, or any other obligation to You. This is what allows us to turn a good idea into a feature that every FotoLab user benefits from, freely and without restriction. You keep any intellectual property rights You may hold in Your Feedback.

If You would like to test beta releases and share regular Feedback with us, get in touch at hello@fotolab.app. We would love to hear from You.

10.1 FotoLab AI Limited and its licensors own all intellectual property rights in the Software, including the software code, AI models supplied with the Software, algorithms, user interface, features, branding, and documentation. Nothing in these Terms transfers any intellectual property rights in the Software to You. All rights not expressly granted are reserved.

10.2 You own all intellectual property rights in Your Content, including Your input images and output images. FotoLab claims no rights over Your Content and is granted no licence to use Your Content for any purpose.

10.3 As between You and FotoLab, You own each Custom Model You create, including the editing style it embodies and its derivation from Your Content. FotoLab claims no commission, licence fee, or other interest in Your Custom Models or in any proceeds from their sale or distribution. Your ownership of a Custom Model does not grant You any rights in the Underlying Technology, which remains the exclusive property of FotoLab and its licensors and is licensed to You under these Terms, not sold.

11.1 The Software processes Your images and trains and runs AI models entirely on Your device. Your images and Your Content are not uploaded to FotoLab or to any server as part of the Software's editing functions.

11.2 The data that leaves Your device is limited to: (a) data necessary for licence validation, activation, purchase, and billing, which is processed by the Merchant of Record; and (b) basic technical information about Your device and installation, such as processor type and core count, memory and/or graphics memory, storage capacity, operating system version, and the version of the Software in use, which we use to maintain compatibility, improve performance, set system requirements, and provide support. FotoLab does not upload, store, or process Your images or Your Content on any server.

11.3 Where FotoLab processes personal data, such as Your name and email address for account and communication purposes, it does so as a data controller in accordance with UK data protection legislation, including the UK GDPR and the Data Protection Act 2018. Details of the personal data processed, the purposes and legal bases for processing, retention periods, and Your rights are set out in the FotoLab Privacy Policy, which is available on the FotoLab website.

11.4 You may exercise Your data protection rights, including the right to request deletion of Your personal data, by contacting hello@fotolab.app.

12.1 FotoLab may provide updates, upgrades, bug fixes, and new features at its discretion. Updates may be required for the continued operation of the Software, including for compatibility with Supported Applications or operating systems.

12.2 FotoLab may add, modify, or remove features of the Software over time. FotoLab will not materially degrade the core functionality of a paid tier during a period for which You have already paid, except where required for legal, security, or compatibility reasons.

12.3 Compatibility of the Software with any Supported Application depends on that application's data formats and behaviour, which are controlled by its publisher. FotoLab will use reasonable efforts to maintain compatibility with the versions of Supported Applications listed on the FotoLab website, but does not guarantee compatibility with any future version of any Supported Application.

13.1 FotoLab provides support on a reasonable-efforts basis, in English and Spanish only, through the support channels listed on the FotoLab website.

13.2 FotoLab does not guarantee response times or the resolution of any particular issue. Support is provided for the current released version of the Software.

14.1 If You are a Consumer. The Consumer Rights Act 2015 provides that digital content must be of satisfactory quality, fit for purpose, and as described. Nothing in these Terms limits or excludes those rights, or any equivalent mandatory consumer rights in Your country of residence.

14.2 Otherwise, and to the maximum extent permitted by applicable law, the Software is provided "as is" and "as available". FotoLab makes no warranties, express or implied, and disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. FotoLab does not warrant that the Software will meet Your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected.

14.3 AI-assisted edits are generated algorithmically and may not match Your expectations or editing style in every case. You are responsible for reviewing outputs before relying on them, and for maintaining backups of Your images and catalogues. The Software writes edits into the local data of Supported Applications, and You should ensure You have current backups of those applications' catalogues and data before use.

15.1 Nothing in these Terms excludes or limits FotoLab's liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law, including, if You are a Consumer, Your statutory rights under the Consumer Rights Act 2015.

15.2 Subject to Section 15.1, FotoLab shall not be liable for: (a) loss of profits, revenue, business, or anticipated savings; (b) loss of goodwill or reputation; (c) loss or corruption of data, including images, catalogues, or edits; or (d) any indirect or consequential loss, in each case arising out of or in connection with these Terms or the Software, whether in contract, tort (including negligence), statute, or otherwise, and whether or not FotoLab has been advised of the possibility of such loss.

15.3 Subject to Sections 15.1 and 15.2, FotoLab's total aggregate liability arising out of or in connection with these Terms and the Software shall not exceed:

(a) where You hold a paid Licence, the greater of (i) the total amounts You paid for the Software in the 6 months immediately preceding the event giving rise to the claim and (ii) the amount of Your most recent payment for the Software; or

(b) where You use the Software under a Trial only, £10.

15.4 If You use the Software in the course of a business, You acknowledge that the limitations in this Section 15 are reasonable given the price of the Software, the availability of backup measures within Your control, and the allocation of risk between the parties.

16.1 You may stop using the Software at any time and may cancel any subscription as described in Section 5.3.

16.2 FotoLab may suspend or terminate Your Licence:

(a) immediately, if You commit a serious breach of these Terms, including breach of Sections 7.2(a) to 7.2(g), fraudulent activity, or any unlawful use of the Software;

(b) for any other breach capable of remedy, if You fail to remedy the breach within 14 days of FotoLab notifying You of it;

(c) immediately, if FotoLab is required to do so by law or by order of a court or competent authority, or if Your location, status, or use of the Software would put FotoLab in breach of applicable sanctions, export control, or other legal obligations;

(d) immediately, if You engage in conduct in connection with the Software that is fraudulent or unlawful, that is abusive or threatening towards FotoLab personnel, or that is reasonably likely to bring FotoLab or the Software into serious disrepute; or

(e) for a Trial, at any time on notice.

16.3 FotoLab may decline to renew any Monthly or Annual Subscription by giving You notice before the renewal date, in which case Your Licence ends at the end of the current paid period. FotoLab may also terminate a Monthly or Annual Subscription or a Trial at any time for any reason on 30 days' notice, in which case You will receive a pro-rata refund of the unused portion of any period You have paid for. This Section 16.3 does not apply to Lifetime Licences, which may be terminated only under Section 16.2 or as set out in Section 4.4.

16.4 On termination of Your Licence: (a) Your right to use the Software ceases; (b) You must cease all use of the Software and delete all copies in Your possession or control; and (c) any provisions of these Terms which by their nature should survive termination shall survive, including Sections 8.2, 9, 10, 14, 15, 17, and 19.

16.5 Termination for Your breach does not entitle You to any refund.

16.6 Your Content remains on Your device and is unaffected by termination. Custom Models You have created remain Yours, but may not be usable without an active Licence.

If You use the Software in the course of a business, You agree to indemnify FotoLab and its officers, directors, and employees against claims, liabilities, losses, and reasonable costs arising out of: (a) Your use of the Software in breach of these Terms; (b) Your infringement of any third party's rights, including intellectual property and privacy rights; or (c) claims brought by Your clients or customers arising out of Your use of the Software or its outputs. This Section 17 does not apply to You if and to the extent You are a Consumer.

18.1 You represent and warrant that: (a) You are not located or ordinarily resident in, and will not use the Software in, any country or territory subject to comprehensive sanctions administered by the United Kingdom, the United States, the European Union, or the United Nations; and (b) You are not a person designated on any sanctions list maintained by those authorities, including the UK Consolidated List maintained by the Office of Financial Sanctions Implementation and the US Specially Designated Nationals and Blocked Persons List.

18.2 You must comply with all export control and sanctions laws applicable to You in Your use of the Software, and You must not provide, sell, or transfer the Software, Your licence key, or any Custom Model to any person or territory described in Section 18.1.

19.1 Changes to these Terms. FotoLab may update these Terms from time to time. Material changes will be notified to You by email or in-app notice with reasonable advance notice. The version of the Terms in force at the date of Your purchase or renewal applies to that purchase or renewal. If You do not agree to updated Terms, You may cancel under Section 5.3; continued use of the Software after the effective date of updated Terms constitutes acceptance.

19.2 Entire agreement. These Terms, together with the Privacy Policy and the Merchant of Record's terms of sale applicable to Your purchase, constitute the entire agreement between You and FotoLab relating to the Software and supersede all prior communications and proposals. If You are a Consumer, this clause does not exclude liability for anything FotoLab's representatives have told You on which You have relied.

19.3 Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if that is not possible, severed, and the remaining provisions shall remain in full force.

19.4 No waiver. A failure or delay by FotoLab in exercising any right under these Terms is not a waiver of that right.

19.5 Assignment. You may not assign or transfer these Terms or Your Licence. FotoLab may assign these Terms to a successor in connection with a merger, acquisition, or sale of assets, provided the successor honours existing Licences on materially the same terms.

19.6 Third party rights. Except as expressly stated, these Terms do not give rise to any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.

19.7 Force majeure. FotoLab shall not be liable for any failure or delay caused by events beyond its reasonable control.

19.8 Governing law. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Software, are governed by the laws of England and Wales. If You are a Consumer, You also benefit from any mandatory provisions of the law of the country in which You are resident.

19.9 Jurisdiction. If You use the Software in the course of a business, the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the Software, and You irrevocably submit to that jurisdiction and waive any objection to those courts on grounds of venue, inconvenient forum, or otherwise. If You are a Consumer, the courts of England and Wales shall have non-exclusive jurisdiction, and nothing in this clause limits Your right to bring proceedings in the courts of Your place of residence or affects any mandatory rule that proceedings against You may only be brought there.

FOTOLAB AI LIMITED

167-169 Great Portland Street, 5th Floor

London, England, W1W 5PF

Company number 16281018

Email: hello@fotolab.app