Terms of service

1. Who we are, and what this is

FashionStudio is operated by Byte Shift Ltd, a company registered in England and Wales under company number 13244292, whose registered office is Office 408, Screenworks, 22 Highbury Grove, London, N5 2ER. In these terms, we and us mean Byte Shift Ltd, and you means the person or organisation using the service.

These terms are the agreement between us for your use of the service. By creating an account you accept them. If you are accepting on behalf of an organisation, you confirm you are authorised to bind it, and you then means that organisation.

The service takes photographs of clothing and accessories that you supply, reads what is in them, and generates new photographs of those products worn by models we generate, or presented on their own. We call each generated photograph an output, and everything you upload or type your content.

2. Eligibility and accounts

You must be at least 18 years old to use the service. You are responsible for the accuracy of your account details, for keeping your password secret, and for everything done through your account. Tell us promptly at support@fashionstudioapp.com if you believe someone else has access to it.

One person or organisation, one account. You may not share an account, sell it, or let someone else use it to get around a suspension.

3. Your content, and what you promise about it

You keep every right you already have in your content. We do not claim ownership of your product photographs.

By uploading anything, you confirm that:

• you own it or hold every licence needed to use it here, including from the photographer;
• where any identifiable person appears in it, you hold their documented consent for that photograph to be processed and reworked in this way, and can produce that consent if we ask;
• it does not infringe anyone's copyright, trade marks, design rights, privacy or image rights;
• it is not unlawful, and does not breach any duty of confidence you owe.

These promises matter most in the tools where the person in your photograph is the subject of the output. Those tools ask you to confirm your rights before anything is generated, and that confirmation is recorded against the project.

You must not upload photographs of anyone under 18, or ask the service to generate an output depicting a minor.

4. The licence you give us, and its limits

To run the service we need permission to handle your content. You grant us a limited, non exclusive, royalty free licence to store, copy, transmit, crop, analyse and otherwise process your content, and to pass it to the subprocessors listed in our subprocessor list, for the sole purpose of providing the service to you.

That licence is limited to what the service needs. In particular: we do not use your content or your outputs to train, fine tune or otherwise improve any artificial intelligence model, ours or anyone else's, and we do not use them in our own marketing unless you have separately given us permission in writing.

The licence ends when you delete the content or your account, except for copies retained for the short periods described in our privacy policy, and except for material we must keep to comply with the law.

5. The photographs you generate

You own the outputs. To the extent we hold or could hold any right in an output, we assign it to you when it is generated, and you may use it commercially without restriction or attribution: product pages, advertising, social media, print, anything you like.

Two honest limits sit alongside that.

First, an output is produced by a probabilistic system. Outputs generated for different customers may resemble each other, particularly where the inputs are similar, and we cannot promise that an output is unique or that it is capable of protection as an original work in any given country.

Second, we can only assign what we have. Your ownership of an output does not cure a problem in what went into it: if you did not hold the rights to the photograph you uploaded, generating a new photograph from it does not give you those rights.

6. How the AI works, and what we do not promise

The service uses machine learning models, including models operated by third parties. That has consequences you should understand before you rely on an output:

• Outputs are generated, not photographed. Detail can drift. We read and describe every product before generating, and let you correct that description, precisely because this is the risk that matters. It reduces the risk; it does not remove it.
• Check before you publish. You are responsible for reviewing an output against the real product before using it in a listing or an advertisement, particularly where consumer law in your market requires an image to represent the goods accurately.
• The models are not real people. Catalogue models are generated and are not intended to depict any real, identifiable or living person. Any resemblance is coincidental.
• Outputs are labelled as AI generated. Every export carries machine readable provenance metadata identifying it as synthetic. This is not optional and cannot be switched off, because the obligation to mark synthetic media sits with us as the provider of the system. A visible label is also applied by default, and you can turn that off per download where your own use does not require it.
• Your own disclosure duties are yours. Where you publish an output, telling your audience it is AI generated may be your legal obligation, for example under Article 50 of the EU AI Act. We give you the tools; the decision, and the duty, are yours.

7. Acceptable use

You must not use the service to:

• create imagery of a real, identifiable person without their consent, including impersonation, deepfakes and any depiction that could deceive a viewer about what that person did or endorsed;
• generate sexual content, or any depiction of a minor in any context;
• create material that is defamatory, harassing, hateful, or that promotes violence or self harm;
• misrepresent goods, for example by generating imagery of a product you do not sell or that materially differs from what a buyer would receive;
• infringe intellectual property, including generating imagery of another brand's products or using their trade marks;
• break the law that applies to you, including advertising, consumer protection and AI transparency rules;
• resell, sublicense or white label the service, scrape it, reverse engineer it, probe it for vulnerabilities without our written permission, or use automated means to place load on it beyond ordinary use;
• attempt to evade limits on your account, including credit, rate or usage limits, or create accounts to obtain free credits repeatedly.

We may suspend or close an account that breaches this section, and we may remove content that does. Where it is reasonable to do so we will tell you why first, but we do not have to when the breach is serious, unlawful, or ongoing.

8. Credits, and what they are

The service runs on credits. A credit is a unit of access to the service, not money and not a security. It has no cash value, cannot be exchanged for cash, and cannot be transferred between accounts.

• One finished photograph costs one credit at any size and from any tool. The current cost per tool is shown on our pricing page and in the application before you generate anything.
• Reading your products is free. Analysis consumes no credits, though a balance of at least one credit is required to start it.
• A failed generation refunds its credit automatically. You do not have to ask.
• Unused credits roll over while your subscription is active. When you cancel, rollover credits expire immediately (the cancellation screen shows the exact number first) and the current cycle's credits stay usable until the end of the period you have paid for. Free starter credits stay on an account that never subscribes, follow the same rollover rules once you do, and have no cash value.
• Credits are consumed when a generation is submitted. An output you dislike is still an output: taste is not a failure, and we cannot refund it as one.

New accounts currently receive 3 free credits. We may change or withdraw that at any time for future signups.

Refunds, cancellation and your statutory rights are set out in our refunds and cancellation policy, which forms part of these terms.

9. Availability, limits and changes

We work to keep the service available, but we do not promise uninterrupted service. We may suspend it for maintenance, and we may apply reasonable limits to protect it and other customers, including limits on uploads, analyses and generations per day.

We may change the service, and these terms, as the product develops. Where a change materially reduces what you have paid for, we will give you reasonable notice by email, and you may close your account. Continuing to use the service after a change takes effect means you accept it.

We may withdraw a tool or feature. Photographs you have already generated remain yours and remain downloadable for as long as your account is open.

10. Intellectual property complaints

If you believe content on the service infringes your rights, write to support@fashionstudioapp.com with enough detail to identify the material and the right you rely on, your contact details, and a statement that you believe in good faith the use is not authorised. We investigate every notice, remove infringing material, and close the accounts of repeat infringers. If your material was removed and you believe that was wrong, write to the same address and we will reconsider.

Everything else about the service, the software, the model catalogue, the pose and scene libraries, the interface and the brand, belongs to us or our licensors. Nothing here gives you a right to any of it beyond using the service as intended.

11. Ending the agreement

You may close your account at any time. We may close or suspend yours if you breach these terms, if we are required to by law, or on reasonable notice if we stop offering the service.

When an account closes, your projects, uploads and generated photographs are deleted. Download anything you want to keep before you close it. Unused credits are not refunded when you close your account voluntarily or when we close it for breach. If we close it because we are withdrawing the service, we will refund unused purchased credits.

12. Warranties and disclaimers

We provide the service with reasonable care and skill. Beyond that, and beyond what the law requires, the service is provided as it is: we do not warrant that it will meet a particular requirement, that outputs will be fit for a particular commercial purpose, or that it will be free from errors.

If you are a consumer, nothing in these terms affects your rights under the Consumer Rights Act 2015, including your right to digital content that is of satisfactory quality, fit for purpose and as described. Those rights cannot be excluded, and we do not try to.

13. Liability

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

If you are a consumer, we are responsible for loss that is a foreseeable result of our breach. We are not responsible for loss that was not foreseeable, and we are not liable for business losses, because the service is not supplied for consumer use in that sense.

If you are a business, then subject to the paragraph above: we are not liable for loss of profit, revenue, business, goodwill, anticipated savings, or for indirect or consequential loss, however arising; and our total liability arising out of or in connection with this agreement is limited to the greater of £500 and the total amount you paid us in the twelve months before the event giving rise to the claim.

If you are a business, you indemnify us against claims, losses and reasonable costs arising from your content, your use of an output, or your breach of section 3 or section 7. This does not apply to consumers.

14. Privacy and data protection

How we handle personal data is set out in our privacy policy. Where we process personal data contained in your content on your behalf, our data processing agreement applies and forms part of these terms for business customers.

15. General

We may transfer this agreement to another company, for example if our business is sold, provided your rights are not reduced. You may not transfer it without our written consent.

If a court finds any part of these terms unenforceable, the rest continues to apply. If we delay enforcing a right, that is not a waiver of it. There are no third party beneficiaries: nobody other than you and us may enforce this agreement.

Neither of us is liable for failure to perform caused by events beyond reasonable control.

16. Governing law and jurisdiction

This agreement, and any dispute arising out of it, is governed by the law of England and Wales.

If you are a business, the courts of England and Wales have exclusive jurisdiction.

If you are a consumer, you may bring proceedings in England and Wales or in the country where you live, and you keep the benefit of any mandatory protections of that country's law. We will always try to resolve a complaint directly first: write to support@fashionstudioapp.com and we will reply within five working days.

17. Contact

Byte Shift Ltd
Office 408, Screenworks, 22 Highbury Grove, London, N5 2ER
Company number 13244292, registered in England and Wales
support@fashionstudioapp.com