Terms of Use
Last Updated: January 4, 2026
Welcome to Foca AI. By accessing or using our service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, which constitute a legal agreement between you and the Foca AI Team ("Foca AI").
1. Acceptance of Terms
By creating an account or using Foca AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, please do not use our service.
2. Service Description
Foca AI provides AI-powered image processing services that transform product photos into professional e-commerce-ready images. Our service includes:
- Background removal and replacement with pure white backgrounds
- Professional relighting and retouching
- Image optimization for marketplace compliance (Amazon, Shopify, etc.)
- Cloud storage for processed images based on your subscription tier
3. User Accounts
- Registration: You must provide accurate and complete information when creating an account.
- Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
- Age Requirement: You must be at least 18 years old or the age of majority in your jurisdiction to use our service.
4. Acceptable Use
You agree to use Foca AI only for lawful purposes. You may not:
- Upload content that infringes on intellectual property rights of others
- Upload illegal, harmful, or offensive content
- Attempt to reverse engineer, hack, or disrupt our service
- Use automated scripts or bots to access the service without authorization
- Resell or redistribute our service without permission
5. Intellectual Property
- Ownership: As between you and Foca AI, you retain all rights to your Input. To the extent permitted by law, Foca AI hereby assigns to you all its right, title, and interest in and to the Output. You are free to use the Output for any commercial purpose.
- Non-Uniqueness: You acknowledge that Output is generated by artificial intelligence. While Foca AI strives for high-fidelity results tailored to your Input, the machine-learning process may produce similar visual styles or effects for different users, especially when processing similar original images. Due to the nature of machine learning, Output may not be unique and other users may generate similar content. Foca AI makes no representation or warranty regarding the copyrightability or protectability of any Output under any intellectual property laws.
6. Subscriptions & Credits
- Free Trial: New users receive complimentary credits to evaluate the service. Trial credits expire upon subscription or after a limited period.
- Subscription Credits: Allocated per billing cycle and do not roll over.
- Purchased Credits (Top-up): Do not expire and protect your account from being flagged as inactive.
- Billing: Subscriptions are billed monthly or annually based on your selected plan. Payment is processed securely via Apple In-App Purchase or Stripe.
- Cancellation: You may cancel your subscription at any time. Access continues until the end of the current billing period.
- Refunds: Managed via Apple In-App Purchase or Stripe according to their respective policies.
7. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted service. We may temporarily suspend the service for maintenance, updates, or circumstances beyond our control. We are not liable for any loss resulting from service interruptions.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOCA AI IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND. IN NO EVENT SHALL THE FOCA AI TEAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.
Our total liability for any claim arising out of these terms shall not exceed the amount actually paid by you for the service in the three (3) months preceding the event giving rise to the claim.
9. Indemnification
You agree to indemnify and hold harmless Foca AI, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the service, your content, or your violation of these Terms.
10. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use of the service after changes constitutes acceptance of the updated Terms.
11. Termination
We may suspend or terminate your account if you violate these Terms or engage in fraudulent activity. Upon termination, your right to use the service ceases immediately. Provisions relating to intellectual property, limitation of liability, and indemnification survive termination.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of Hong Kong. Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The language of the arbitration shall be English.
13. Class Action Waiver
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.