Terms of Service

1.1  The Service is operated by FENGS BİLİŞİM YAZILIM SANAYİ VE TİCARET LTD. ŞTİ., a limited liability company incorporated under the laws of the Republic of Türkiye ("Fengs", "we", "us" or "our").

1.2  Payments for the Service are processed by Dodo Payments, Inc. ("Dodo Payments"), which acts as the merchant of record and authorised reseller of the Service. Dodo Payments is the counterparty to your purchase transaction and is responsible for billing, invoicing, and the collection and remittance of applicable sales tax, VAT and equivalent indirect taxes.

2.1  In these Terms, the following terms have the meanings set out below:

• "Account" means the registered user account through which you access the Service.
• "Credits" means the prepaid units of account that are consumed when you use generative functions of the Service, as further described in Clause 5.
• "Customer Content" means any image, video, text, prompt, reference material or other data that you upload to, or submit through, the Service.
• "Output" means any image, video or other material generated by the Service in response to your instructions.
• "Plan" means a subscription or one-time Credit package made available on our Pricing page.
• "Service" means the Fengs Studio platform made available at https://www.fengstudio.app, including all associated tools, features, application programming interfaces and documentation.
• "Subscription Period" means the recurring billing interval applicable to your Plan (for example, one calendar month), beginning on the commencement or renewal date of that Plan.

3.1  The Service provides artificial-intelligence-assisted tools for the production of fashion and commerce imagery, including studio renders, virtual try-on, retouching and image and video editing.

3.2  Access to generative functions of the Service is provided on a prepaid, Credit-based model. The functional scope, Credit consumption rates and pricing applicable to each Plan are as published on our Pricing page and as displayed within the Service at the point of use.

3.3  We may add, modify, improve or discontinue features of the Service from time to time. Where a change materially and adversely affects the core functionality of a Plan you have paid for, we will give you reasonable prior notice and, at your election, a pro-rata refund of the unused portion of that Plan.

4.1  You must be at least 18 years of age and have the legal capacity to enter into a binding contract in order to use the Service. If you use the Service on behalf of a legal entity, you represent and warrant that you are duly authorised to bind that entity, and references to "you" mean that entity.

4.2  You must provide accurate, current and complete information when registering an Account and keep that information up to date.

4.3  You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us at hello@fengs.ai without undue delay upon becoming aware of any unauthorised use of your Account.

4.4  Accounts are personal to you or to your organisation and may not be sold, transferred or shared with third parties without our prior written consent.

5.1  Nature of Credits. Credits are a prepaid unit of account that entitles you to consume generative functions of the Service. Credits are not electronic money, not a stored-value instrument, not a security and not legal tender. Credits carry no cash value, do not bear interest, and cannot be exchanged, redeemed for cash, transferred between Accounts, or sold or assigned to any third party.

5.2  Consumption. Credits are deducted from your balance at the rates displayed within the Service at the time of use. Credit consumption rates may change; any change will apply prospectively only and will not affect Credits already consumed.

5.3  Failed generations. Where a generation fails for reasons attributable to the Service, the Credits allocated to that generation are automatically returned to your Credit balance. You are charged only for completed work.

5.5  Renewal. Subscription Plans renew automatically at the end of each Subscription Period at the then-current price, and a fresh allocation of Credits is granted for the new Subscription Period, unless and until the Plan is cancelled in accordance with Clause 6.

5.6  Top-up packages. Where we make one-time Credit packages ("top-ups") available for purchase in addition to a Plan, the validity period applicable to those Credits will be stated at the point of purchase. In the absence of a stated validity period, top-up Credits are consumed only after the Credits granted for the current Subscription Period have been exhausted.

5.7  Prices and taxes. Prices are stated on our Pricing page. Applicable sales tax, VAT or equivalent indirect taxes are calculated and collected by Dodo Payments on the basis of your billing location and will be shown at checkout.

5.8  Non-payment. If a payment is declined or reversed, we may suspend access to the Service and to any remaining Credit balance until the outstanding amount is settled.

6.1  Cancellation by you. You may cancel your subscription Plan at any time through your Account settings or by contacting hello@fengs.ai. Cancellation is effective at the end of the Subscription Period then in progress; it does not terminate the Subscription Period already paid for and does not give rise to a refund of the amounts paid for that period.

6.2  Effect of cancellation. Following cancellation, your Plan will not renew and you will not be charged for any subsequent Subscription Period. You retain full access to the Service and to the Credits granted for the current Subscription Period until that period ends. At the end of that period, access to paid functions ceases and any unconsumed Credits expire in accordance with Clause 5.4.

6.3  Suspension and termination by us. We may suspend or terminate your Account, in whole or in part, with immediate effect where you are in material breach of these Terms, where required by applicable law or by a competent authority, or where continued provision of the Service would expose us or any third party to a material legal, security or reputational risk. Where the circumstances permit, we will give you prior notice and an opportunity to remedy the breach.

6.4  Consequences of termination. On termination of your Account, your right to access the Service ceases and any remaining Credits are forfeited without compensation, save where the termination was effected by us without cause, in which case we will refund the unused portion of any prepaid Plan fee on a pro-rata basis.

6.5  Refunds. Refunds are governed by our Refund Policy, which forms part of these Terms and is available at https://www.fengstudio.app/refund-policy.

7.1  Ownership. As between you and us, you retain all right, title and interest in and to your Customer Content. We claim no ownership in it.

7.2  Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, adapt and process your Customer Content, and to sub-licence those rights to our sub-processors listed in our Privacy Policy, solely to the extent necessary to operate the Service, generate the Outputs you request, provide support, and comply with applicable law. This licence terminates when the relevant Customer Content is deleted, subject to reasonable backup retention periods.

7.3  No training. We do not use your Customer Content or your Outputs to train, fine-tune or otherwise develop generative models, whether our own or those of any third party, and we do not sell your Customer Content.

7.4  Your warranties. You represent and warrant that you own, or have obtained, all rights, licences, consents and permissions necessary to upload your Customer Content and to permit the processing described in these Terms. This includes, without limitation, all necessary rights and consents in respect of any identifiable individual depicted in your Customer Content, and in respect of any garment design, logo, trade mark, artwork or other third-party intellectual property.

8.1  Rights in Outputs. Subject to your compliance with these Terms and to payment of all sums due, we assign to you, to the maximum extent permitted by applicable law, all right, title and interest that we may hold in the Outputs generated for you, for use for any lawful purpose, including commercial purposes.

8.2  Limits of that assignment. You acknowledge that the legal status of material generated by artificial intelligence differs between jurisdictions and that, in some jurisdictions, such material may not attract copyright protection at all. We give no warranty as to the protectability of any Output.

8.3  Non-uniqueness. Outputs are generated probabilistically. Other users may submit similar instructions and receive similar or materially identical Outputs. We do not warrant that any Output is unique, and we grant no exclusivity in respect of any Output.

8.4  Clearance is your responsibility. Outputs are provided on an "as is" basis. Generative systems can produce unexpected, inaccurate or unintended results, including results that resemble existing works, persons or marks. You must review every Output before use. Responsibility for legal clearance of any Output used in a commercial campaign — including intellectual property, personality, advertising and consumer-protection clearance — rests with you.

9.1  You must not use the Service, and must not permit any person to use the Service, to create, upload, store or distribute material that:

• is unlawful, defamatory, obscene, harassing, discriminatory or otherwise harmful;
• infringes or misappropriates the intellectual property, personality, privacy or other rights of any person;
• depicts, sexualises or otherwise exploits any minor, or depicts any minor in any inappropriate context;
• depicts an identifiable individual without that individual's informed and documented consent, or which impersonates any person or entity;
• is designed to deceive as to its artificial origin in a context where such deception would be unlawful or would cause material harm;
• contains malicious code, or is used to gain unauthorised access to, disrupt, overload, reverse-engineer, scrape or circumvent any technical or usage limitation of the Service.

9.2  You must not resell, sublicense or make the Service available to any third party as a standalone service, or use the Service to build a competing generative product.

9.3  We may investigate suspected breaches of this Clause 9 and may suspend or terminate Accounts in accordance with Clause 6.3. We may also be required to report certain material to competent authorities.

10.1  The Service relies on third-party infrastructure and model providers in order to function. Customer Content is transmitted to those providers strictly to the extent necessary to fulfil your requests. The current list of sub-processors is set out in our Privacy Policy.

10.2  We remain responsible to you for the performance of the Service, but we are not responsible for the independent acts or omissions of third-party providers beyond our reasonable control, or for changes those providers make to their own services.

11.1  We will use commercially reasonable efforts to keep the Service available, but the Service is provided without any uptime commitment unless a separate written service-level agreement has been executed between the parties.

11.2  We may suspend access temporarily to carry out maintenance, updates or emergency security work. Where practicable, we will give advance notice of planned downtime.

11.3  Support is provided by email at hello@fengs.ai during Türkiye business hours.

12.1  To the maximum extent permitted by applicable law, and without prejudice to any statutory rights you may have as a consumer, the Service is provided "as is" and "as available". We disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

12.2  We do not warrant that the Service will be uninterrupted, error-free or secure, or that any Output will meet your requirements or be fit for any particular commercial use.

13.1  Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Where you contract with us as a consumer, your mandatory statutory rights are unaffected.

13.2  Subject to Clause 13.1, we shall not be liable for any indirect, incidental, special, punitive or consequential loss, or for any loss of profit, revenue, business, goodwill, anticipated savings, data, or for the cost of procuring substitute services, however arising and whether in contract, tort (including negligence) or otherwise.

13.3  Subject to Clause 13.1, our aggregate liability arising out of or in connection with these Terms and the Service, in any period of twelve (12) consecutive months, shall not exceed the total amount actually paid by you for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

13.4  The allocation of risk in this Clause 13 is a fundamental element of the basis of the bargain between the parties and is reflected in the pricing of the Service.

14.1  You agree to indemnify and hold us harmless against all claims, proceedings, damages, liabilities, costs and reasonable legal expenses arising out of or in connection with (a) your Customer Content, (b) your use of any Output, (c) your breach of these Terms, or (d) your breach of any applicable law or of the rights of any third party. This Clause does not apply where you contract with us as a consumer.

15.1  Our processing of personal data is described in our Privacy Policy, which forms part of these Terms and is available at https://www.fengstudio.app/privacy-policy.

15.2  Where you upload personal data relating to individuals other than yourself, you act as the controller and we act as the processor in respect of that data. In that case, our processing is governed by our Data Processing Agreement, which is available on request at hello@fengs.ai and which will prevail over these Terms to the extent of any conflict concerning such processing.

16.1  Each party shall keep confidential all non-public information disclosed by the other in connection with the Service, and shall use it only for the purposes of these Terms. This obligation does not apply to information that is or becomes public through no breach of this Clause, is independently developed, or is required to be disclosed by law or by a competent authority.

17.1  We may amend these Terms from time to time. Where an amendment is material, we will give you at least thirty (30) days' prior notice by email or by notice within the Service. The amended Terms take effect on the stated date, and your continued use of the Service after that date constitutes acceptance. If you do not accept a material amendment, you may cancel your Plan in accordance with Clause 6.1 before it takes effect.

18.1  These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict-of-laws rules.

18.2  The Central Courts and Execution Offices of İzmir (İzmir Merkez Mahkemeleri ve İcra Daireleri) shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

18.3  Clause 18.2 does not deprive you, where you contract with us as a consumer, of the protection of the mandatory consumer-protection provisions of the law of your country of habitual residence, nor of your right to bring proceedings before the courts or consumer arbitration committees having jurisdiction at your place of residence.

19.1  Entire agreement. These Terms, together with the Refund Policy and the Privacy Policy, constitute the entire agreement between the parties in respect of the Service and supersede all prior discussions and representations.

19.2  Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.

19.3  No waiver. A failure or delay in exercising any right does not constitute a waiver of that right.

19.4  Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, reorganisation or sale of assets.

19.5  Force majeure. Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, armed conflict, epidemics, failures of telecommunications or power networks, and acts of government.

19.6  Survival. Clauses 5.1, 7, 8, 12, 13, 14, 16, 18 and 19 survive termination of these Terms.

19.7  Notices. Notices to us must be sent to hello@fengs.ai. Notices to you will be sent to the email address registered on your Account.

19.8  Language. These Terms are drawn up in English. Where a translation is provided for convenience and there is any inconsistency, the English version prevails, save where applicable mandatory law requires otherwise.

Questions about these Terms should be addressed to: