Terms of Service

1. Service Description

Food Camera provides AI-powered image generation services for food photography. Processed images are suitable for commercial use in e.g. delivery apps, menus, and advertisements.

The service is paid for with credits. Credits can be bought outright in one-time packs, or included each month with an auto-renewing subscription. Section 5 sets out how credits, subscriptions, the free trial, renewals and cancellation work.

2. User Responsibilities

• Authenticate using valid Google/Apple accounts
• Maintain security of login credentials
• Only upload content you have rights to modify
• Comply with platform guidelines for commercial food photography
• Prohibited uses: adult content, illegal materials, trademark infringement
• Understand that if you delete your account after redeeming a promotional offer, your email address (in a hashed, non-identifiable form) may be subject to a cooldown period to prevent abuse of such offers. This is further detailed in our Privacy Policy.

3. AI Processing & Output

By using our service, you acknowledge that:

• Images are processed using third-party AI models (Replicate.com and OpenAI)
• Output quality may vary based on input quality
• You retain ownership of generated content, but grant Food Camera a limited license to use it for promotional purposes.
• You grant us limited rights to process images solely for service delivery
• We store processed images in EU-based storage (Frankfurt region)
• Service relies on Replicate.com, OpenAI and Google Gemini AI models
• Outputs inherit limitations of these third-party systems
• We reserve right to change AI providers without notice

4. Intellectual Property

• You retain ownership of original content
• Grant us non-exclusive license to process your images
• Prohibit reverse engineering of AI models

5. Plans, Credits & Payments

5.1 Credits

• One credit produces one finished photo.
• A generation that fails on our side does not consume a credit.
• Credits have no cash value, cannot be exchanged for money, and cannot be transferred between accounts.

5.2 The two kinds of credit

Credits come in two kinds with different lifetimes. The difference matters, so it is set out in full:

• Plan credits are included with a subscription. They are added to your balance each month for as long as the subscription is active. Unused plan credits carry over for one month only: your plan credit balance never exceeds twice your plan's monthly allowance, and anything above that is not added. When a subscription ends, any remaining plan credits are removed at the end of the paid period.
• Pack credits are bought outright in a one-time pack. They never expire, are not subject to the carry-over limit, and are unaffected by starting, changing or cancelling a subscription.
• When you generate a photo, plan credits are used first and pack credits second, so the credits that expire are always spent before the ones that do not.

5.3 Subscriptions and automatic renewal

• Subscriptions are offered on a monthly and a yearly billing period. Both include a monthly allowance of plan credits. The allowance, the price and the billing period for each plan are shown in the app before you buy, in your local currency.
• Subscriptions renew automatically. Your store account is charged for the next period within 24 hours before the current one ends, unless you cancel at least 24 hours before that point.
• You can switch between the monthly and yearly plan at any time. Your store handles the change: moving to the longer plan normally takes effect immediately with the difference pro-rated, and moving to the shorter plan normally takes effect at the end of the period you have already paid for.
• If a payment fails, your store may retry it during a grace period. Your subscription stays active during that period; if payment is not completed, it ends.

5.4 Free trial

• A three-day free trial is offered on the yearly plan only, and only to users who have not subscribed before. The monthly plan has no free trial.
• The trial includes five credits. It is not an unlimited three-day period of use.
• The trial converts to a paid yearly subscription automatically at the end of the three days unless you cancel before then. The price you will be charged is shown in the app before you start the trial.
• Any unused portion of a free trial is forfeited if you purchase a subscription before the trial ends.

5.5 Cancellation

• Subscriptions are cancelled through your Apple or Google account settings, not through us. Neither store permits an app to cancel a subscription on your behalf. The app links you to the right screen.
• Cancelling stops future renewals. Your subscription keeps working until the end of the period you have already paid for.
• After that: your photos stay in your gallery, your pack credits stay on your account, and any remaining plan credits are removed.
• Deleting your account is separate from cancelling a subscription and does not by itself stop billing. Cancel through your store account as well.

5.6 Payment, pricing and refunds

• All purchases are processed by the platform stores. Apple or Google is the seller of record for your purchase; we do not receive or store your payment details.
• Apple App Store Terms and Google Play Terms apply to the transaction.
• Prices vary by country and may be adjusted. A price increase on an existing subscription takes effect only in accordance with the rules of your store, which in most cases require your consent before the higher price is charged. You can always cancel instead.
• Refunds are handled by the store you bought from, under its own policy — Apple Support or the Google Play order history. We cannot issue refunds for a purchase we did not process, but contact us at support@builtby.es if something went wrong and we will help where we can.
• This does not affect your statutory rights as a consumer; see Section 6.

6. Consumer Rights & Right of Withdrawal (EU/EEA)

If you are a consumer resident in the EU or EEA, you normally have 14 days to withdraw from a distance contract for digital content. Because credits and subscriptions are supplied immediately, you are asked to consent to immediate performance at the point of purchase and thereby acknowledge that you lose that right of withdrawal once supply has begun.

Since Apple or Google is the seller of record, any withdrawal or refund request is exercised against them, through the store you bought from. Your mandatory statutory rights under the law of your country of residence are not affected by these terms.

7. Data Handling

In compliance with GDPR/CCPA:

• All user data is stored in EU regions (Frankfurt)
• Request deletion via account settings or contact us
• We use Cloudflare R2 for secure storage

8. Governing Law & Disputes

• These terms are governed by German law.
• EU consumers may use EU Online Dispute Resolution platform
• We commit to participate in alternative dispute resolution
• Legal proceedings must be initiated in Berlin courts

9. Service Termination

Food Camera reserves the right to:

• Terminate service immediately for any operational or financial reasons
• Suspend access without notice in cases of insolvency, bankruptcy, or force majeure events
• Discontinue service permanently with 60 days public notice
• Provide 72-hour notice for account-specific terminations
• Bankruptcy proceedings will follow German insolvency laws
• Users may export data for 14 days post-termination notice

If we discontinue the service, we will stop taking subscription renewals and ask the stores to cancel active subscriptions. For any period or credits you have already paid for and cannot use because we stopped, your rights under the mandatory consumer law of your country of residence apply in full, and refunds are handled through the store you bought from.

Outside of those mandatory rights, and except in cases of intent, gross negligence, or injury to life, body or health, we exclude liability for service continuity, for loss of access to generated content after the export window above, and for indirect or consequential damages arising from discontinuation.

10. Modifications

We may update these terms with 30 days notice. Continued use after changes constitutes acceptance.

11. Limitations of Liability

• Third-party platform compatibility not guaranteed
• Delivery app requirements may change without notice
• AI providers' terms apply to generated content
• External links disclaimed - use at your own risk