FoodStudio

Terms of Service

Last Updated: January 6, 2025

These Terms of Service ("Terms") govern your access to and use of FoodStudio ("the Service"), provided by BrookMind LLC (operating as FoodStudio). By using the Service, you agree to these Terms.

1. Overview

FoodStudio provides AI tools for creating and editing food photos and videos using uploaded or generated content. You are responsible for lawful and compliant use of all materials.

2. Eligibility

FoodStudio is available to users of all ages. Users under 13 require parental consent and supervision. By using the Service, you confirm that you meet these requirements or have appropriate parental authorization.

If you are a parent or guardian and believe that a child under 13 is using the Service without your consent, contact [email protected] so we can take prompt action.

3. Accounts

Maintain accurate information and protect your credentials. You are responsible for all activity under your account. We may suspend or terminate accounts that violate these Terms or applicable laws.

4. Subscriptions, Credits & Payments

A. Credit System

Credits can be purchased individually or through subscriptions. Each AI generation consumes a specified number of credits.

B. Subscription Renewals

Plans renew automatically unless canceled before renewal. Prices are displayed in USD and may change with notice.

C. Payment Authorization & Billing Name

By purchasing credits or subscriptions, you authorize BrookMind LLC (FoodStudio) to charge your selected payment method for the total amount shown at checkout, including recurring renewals. Charges on your card or bank statement may appear as "BrookMind", "FoodStudio", or a similar descriptor. You acknowledge and accept these charges as valid and authorized.

D. Refund Policy

No refunds after credits are consumed or AI generations completed. If no credits have been used, contact [email protected] for review. Cancellations take effect at the end of the billing cycle.

E. Credit Expiration

Purchased credits expire 12 months after purchase. Promotional or free credits expire 90 days after issuance. Expired credits are non-refundable and non-transferable.

F. Content Storage for Paid Plans

Your uploaded and generated content remains stored and accessible only while you maintain an active paid subscription or unused credits. If your plan expires, FoodStudio will retain your content for 30 days to allow renewal or reactivation. After this retention period, all files will be permanently deleted and cannot be restored. We are not responsible for any loss of data after this window.

G. Content Policy

AI generations may fail or be automatically blocked if the input or resulting image is flagged for policy violations. Because the AI model must still process the request before detecting violations, the corresponding credits will be consumed even if the generation is rejected.

Users are responsible for ensuring that all inputs and prompts comply with FoodStudio's content policies before submission. Repeated violations may lead to suspension or permanent account termination.

5. Ownership & Generated Content

A. User Ownership

You retain full commercial ownership of AI-generated images and may use them without restriction.

B. Uploaded Content

You confirm that all uploaded materials belong to you or that you hold valid rights and permissions.

C. Limited License to Us

You grant FoodStudio a non-exclusive, royalty-free license to store and process your uploaded and generated content solely to deliver and improve the Service (including backups, moderation, and AI model enhancement).

D. User Responsibility & AI Disclaimer

You are fully responsible for the content you upload and generate. FoodStudio is not liable for:

  • Any use, publication, or distribution of generated content by you or third parties.
  • Any infringement, privacy violation, or misuse arising from such content.
  • Errors, inaccuracies, or artifacts in AI output.

AI results are provided "as is." Output Content may contain inaccuracies, distortions, or fabricated ("hallucinated") details. FoodStudio does not guarantee that any generated output will be accurate, reliable, original, or non-infringing. Use of generated content is solely at your own risk.

6. Prohibited Content

You may not use FoodStudio to upload, generate, or distribute any material that violates applicable law or these Terms, including but not limited to:

Harmful Content

  • Instructions for illegal activities
  • Content promoting hate, harassment, or discrimination

Misleading Content

  • Health or medical misinformation about food
  • Manipulated images intended to deceive consumers about product quality

Intellectual Property

  • Unauthorized use of logos, trademarks, or brand imagery
  • Use of copyrighted packaging, designs, or materials without rights

AI moderation systems may automatically block or remove flagged generations. Such detections are final and non-reviewable. Credits used in blocked or flagged generations will not be refunded.

Violation of these restrictions may result in immediate suspension or termination of your account.

7. Usage Data and Analytics

FoodStudio may collect and use anonymized or aggregated data derived from user activity to improve performance, train AI models, enhance reliability, and develop new features. Such data will never include personally identifiable information.

8. Third-Party Services and Models

The Service may rely on or interoperate with third-party models, APIs, or platforms. FoodStudio is not responsible for their availability, accuracy, or compliance. Use of such third-party tools is governed by their respective terms and policies.

8.1 Use of Third-Party AI Processing Providers

To deliver image and video generation, the Service uses external AI processing providers, including fal and OpenAI. By using the Service, you authorize FoodStudio to transmit your uploaded content—such as images, videos, and text prompts—to these providers solely for the purpose of generating the results you request.

These AI processors may temporarily store and analyze your content only as necessary to complete the generation workflow. They are not permitted to use your content for advertising, unrelated training, profiling, or any other secondary purpose.

If you disable AI data processing in the app settings, all image and video generation features will become unavailable, as they require external processing to function.

You represent and warrant that you have all required rights, permissions, and lawful authority to upload and process any content submitted through the Service. You agree not to upload content that infringes the rights of others or violates applicable law.

9. Feedback

Any feedback, suggestions, or ideas provided to FoodStudio may be used freely for any purpose, commercial or otherwise, without obligation or compensation. FoodStudio will own all rights to any improvements or developments arising from such feedback.

10. Export Control and Compliance

You agree to comply with all applicable U.S. export control laws and sanctions. You represent that you are not located in, under the control of, or a resident of any country subject to U.S. embargoes, and that you are not on any government list of prohibited or restricted parties.

11. Arbitration and Dispute Resolution

Any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved through binding individual arbitration conducted in English under the laws applicable in the United States. You and FoodStudio agree to waive any right to participate in a class action, class arbitration, or jury trial.

Before initiating arbitration, both parties will attempt good-faith informal resolution for at least 30 days. If unresolved, arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This clause does not prevent either party from seeking equitable relief (such as injunctions) in court for violations of intellectual property or confidentiality.

12. Limitation of Liability

To the fullest extent permitted by law, FoodStudio, its affiliates, and employees are not liable for:

  • Direct, indirect, incidental, or consequential damages.
  • Loss of profits, data, or goodwill.
  • Inaccurate or unintended AI output.
  • Unauthorized access, downtime, or deletion of content.

Total liability for any claim shall not exceed the amount paid by you to FoodStudio in the twelve (12) months preceding the event giving rise to the claim. Service is provided "as is" and "as available."

13. No Warranty

FoodStudio makes no warranties regarding reliability, accuracy, availability, or fitness of generated results for any purpose. Use of the Service and any output is entirely at your own risk.

14. Termination

We may suspend or terminate your account at any time for violation of these Terms or applicable law. You may delete your account at any time. Termination does not relieve you of obligations incurred prior to termination.

15. Governing Law

These Terms are governed by the laws applicable in the United States, without regard to conflict-of-law principles. Any unresolved claim not subject to arbitration will be heard in a competent court within the United States.

16. Changes to Terms

We may revise these Terms periodically. Updated versions will be posted online. Continued use constitutes acceptance of the revised Terms.

17. Contact Us

BrookMind LLC (FoodStudio) [email protected] https://foodstudioai.com