Terms of Use

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
• Use any Output, or any part of the Service, to develop, train, fine-tune, or improve any artificial intelligence system, machine learning model, or image processing tool that competes with Foca AI

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 Pancake/Waffo or another payment provider shown at checkout.
• Credit Delivery: Subscription credits and purchased credits are added after the payment provider confirms a successful transaction. In rare cases, confirmation may take a short time to process.
• Plan Changes: Self-service upgrades, downgrades, or billing-cycle changes may not be available for all plans. If plan changes are unavailable, you may purchase top-up credits or contact us for support.
• Cancellation: You may cancel your subscription at any time. Access continues until the end of the current billing period.
• Refunds: Managed according to the payment provider policies shown at checkout.
• No Refunds for Used Credits: Once credits have been used to process images, the corresponding order or credit purchase is non-refundable.

7. Service Changes & 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.

We reserve the right to modify, suspend, or permanently discontinue any feature, aspect, or the entirety of the Service at any time, with reasonable notice where possible. We may also change subscription pricing with advance notice before the next billing cycle. Your continued use of the Service following any such modification constitutes your acceptance of the change. If you do not agree to a material change, your sole remedy is to cancel your subscription before the change takes effect.

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.

Following termination or extended account inactivity, Foca AI may permanently delete your account data, including stored images and processed outputs, without further notice. Any unused subscription credits at the time of termination are forfeited and non-refundable. Purchased (top-up) credits that remain unused at the time of termination are also forfeited, except where otherwise required by applicable law.

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.

14. Third-Party Services & AI Providers

Our Service relies on third-party infrastructure and artificial intelligence providers, including cloud computing platforms and generative AI models. We do not control these third parties and are not responsible for their availability, performance, or accuracy. We reserve the right to change AI providers or underlying models at any time without prior notice, and output quality may vary as a result. Such variation does not entitle you to a refund or credit. Any outage, degradation, or policy change imposed by a third-party provider that affects the Service shall not constitute a breach of these Terms by Foca AI.

15. Feedback & Suggestions

If you submit ideas, suggestions, feature requests, or other feedback about the Service ("Feedback"), you grant Foca AI a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and commercialize that Feedback in any manner and without any obligation or compensation to you. You represent that your Feedback does not contain confidential or proprietary information belonging to any third party.

16. Force Majeure

Foca AI shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, government actions or regulations, power or internet failures, cyberattacks, acts of third-party service providers, or any other event of force majeure. We will endeavor to resume the Service as soon as reasonably practicable following such an event.

17. Severability & Entire Agreement

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Foca AI with respect to the Service and supersede all prior agreements, representations, and understandings of any kind.

18. Contact Us

For questions about these Terms: