Terms of Use
1. Introduction and Acceptance
These Terms of Use ("Terms") constitute a legally binding agreement between you (the "User", "you", or "your") and Fancygames Ltd ("Company", "we", "us", or "our"), a company registered in England and Wales (Company Number to be confirmed) with its registered office at 3rd Floor, 86-90 Paul Street, London, United Kingdom, EC2A 4NE.
These Terms govern your access to and use of the ToonStudio.ai platform, including all related websites, applications, APIs, and services (collectively, the "Service").
By creating an account or accessing the Service, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific features. If you do not agree to these Terms, you must not use the Service.
ToonStudio.ai is a business-to-business (B2B) service. Our contractual relationship is with the subscribing organisation (the "Client"). If you are using the Service on behalf of a Client organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. The Client is responsible for ensuring that all users it adds to the Service comply with these Terms.
2. Eligibility
You must be at least 16 years of age to use the Service. By using ToonStudio.ai, you represent that you meet this age requirement.
The Service is available only to users who have been granted access through a paid subscription plan. Access is provided on a Client organisation basis, with user accounts created and managed by the Client's administrators. Individual users do not subscribe independently — access is granted through membership of a subscribing organisation.
3. Account Registration and Security
- You must provide accurate and complete information when creating an account.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- You must notify us immediately at support@toonstudio.ai if you suspect any unauthorised use of your account.
- We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
4. Subscription and Payment
4.1 Paid Plans
ToonStudio.ai is available exclusively through paid subscription plans. The features, usage limits, and pricing for each plan are described on our website or in your organisation's service agreement.
4.2 Billing
- Subscription fees are billed in advance on a monthly or annual basis, as specified in your plan.
- All fees are exclusive of applicable taxes unless otherwise stated.
- Payment is processed securely through our third-party payment provider(s), which may include Stripe and/or Paddle. You agree to the applicable provider's terms of service in relation to payment processing.
4.3 Usage Limits and Overages
Each subscription plan includes a defined allocation of Generation Units and other usage limits. Usage beyond the included allocation may incur additional charges as specified in your plan or service agreement.
4.4 Cancellation and Refunds
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
- We do not provide refunds for partial billing periods, except where required by applicable law.
- Upon cancellation, your access to the Service will continue until the end of the paid period, after which your account and associated data will be subject to our data retention policy.
5. Intellectual Property
5.1 Platform Intellectual Property
The Service, including its source code, architecture, design, user interface, pipeline templates, documentation, and all related intellectual property, is and remains the exclusive property of Fancygames Ltd. Nothing in these Terms grants you any ownership rights in the Service itself.
General improvements, features, or enhancements to the platform — including those informed by or derived from user feedback or usage patterns — remain the sole property of Fancygames Ltd.
5.2 Your Content
You retain all rights, title, and interest in and to the content you upload to or create through the Service, including but not limited to:
- Images, artwork, and reference materials you upload
- Project configurations, pipelines, and workflows you create
- Documents you upload or link via integrations
We do not claim any ownership rights over your content. We do not require a licence to your content beyond what is strictly necessary to provide the Service to you (e.g., storing, displaying, and processing your content as part of normal Service operation).
5.3 AI-Generated Outputs
Outputs generated by AI features within the Service (images, compositions, and other generated assets) are owned by your organisation, subject to the following:
- Input responsibility: You are solely responsible for ensuring you have the necessary legal rights to any images, datasets, reference materials, or other content you provide as inputs to AI generation features.
- No copyright guarantee: We orchestrate third-party AI models (including OpenAI and Google Gemini) and pass through their standard intellectual property terms. We make no independent representations or guarantees regarding the copyright status, originality, or protectability of AI-generated outputs. The legal status of AI-generated content varies by jurisdiction and is subject to evolving laws and regulations.
- Third-party model terms: Your use of AI-generated outputs is also subject to the acceptable use policies of the underlying AI model providers. You are responsible for reviewing and complying with those terms.
- No exclusivity: AI models may produce similar or identical outputs for different users given similar inputs. We do not guarantee the uniqueness of any AI-generated output.
- Styles feature: The Service includes a "Styles" feature that analyses your reference images to learn visual patterns for consistent AI generation. This analysis is performed exclusively for your organisation's use. The resulting style data is scoped to your organisation, is treated as confidential, is not shared with other users or organisations, and is not used to train any general-purpose AI models.
5.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, modify, and incorporate such feedback into the Service without obligation to you.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Upload content that infringes the intellectual property rights of any third party
- Upload or generate illegal, harmful, defamatory, obscene, or otherwise objectionable content
- Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the platform
- Use the platform for competitive benchmarking or to develop a competing product
- Circumvent or attempt to circumvent usage limits, access controls, or security measures
- Share account credentials or allow unauthorised third parties to access the Service through your account
- Use automated tools (bots, scrapers) to access or interact with the Service, except through our documented APIs
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service in a manner that could damage, disable, overburden, or impair our infrastructure
We reserve the right to suspend or terminate your access if we reasonably believe you have violated these acceptable use terms.
7. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service, including but not limited to business plans, technical data, project content, and commercial terms.
We will not publicly disclose your use of the Service (including using your name, logo, or brand in marketing materials or case studies) without your prior written consent.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is independently developed without reference to confidential information; or (d) is required to be disclosed by law or regulatory authority.
8. Service Availability and Support
8.1 Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
8.2 Third-Party Dependencies
The Service relies on third-party AI providers (including OpenAI and Google) for certain features. We use multiple providers to mitigate risk, but we are not responsible for the availability, performance, or changes in service of upstream providers. Changes to third-party provider terms, pricing, or capabilities may affect Service features.
8.3 Support
Support is provided according to your subscription plan. You can reach our support team at support@toonstudio.ai.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
Without limiting the foregoing, we do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- AI-generated outputs will be accurate, complete, original, or free from intellectual property claims
- Any defects in the Service will be corrected
- Third-party AI models will remain available or produce consistent results
You acknowledge that you use AI-generated content at your own risk and are solely responsible for evaluating and determining the suitability of any outputs for your intended use.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- Exclusion of indirect damages: In no event shall Fancygames Ltd, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, revenue, data, business opportunities, or goodwill, whether arising from contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
- Cap on liability: Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by your organisation in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred pounds sterling (£100).
- Third-party provider liability: We are not liable for any damages arising from the acts, omissions, outages, or policy changes of third-party AI providers, payment processors, or other service providers.
Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Fancygames Ltd, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Service
- Content you upload, create, or generate through the Service
- Your violation of these Terms
- Your violation of any applicable law or third-party rights
- Your use of AI-generated outputs, including any intellectual property claims arising therefrom
12. Data Protection
Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
The Client organisation is the data controller for the personal data of its users and for any personal data processed through the Service (e.g., uploading documents containing personal data). We act as a data processor on behalf of the Client. The Client is responsible for:
- Ensuring it has a lawful basis to provide its users' personal data to us
- Informing its users about how their data is processed through the Service
- Responding to data subject rights requests from its users, with our reasonable assistance
Additional data processing terms may apply as set out in a separate Data Processing Agreement.
13. Suspension and Termination
13.1 By You
You may terminate your use of the Service at any time by cancelling your subscription and ceasing to use the platform. Cancellation does not entitle you to a refund for the current billing period.
13.2 By Us
We may suspend or terminate your access to the Service immediately, without prior notice, if:
- You breach any material provision of these Terms
- Your subscription payment fails and remains unresolved after reasonable notice
- We are required to do so by law or regulatory authority
- We reasonably believe your use of the Service poses a security risk or may cause harm to other users
13.3 Effect of Termination
Upon termination:
- Your right to access the Service ceases immediately (or at the end of the billing period for cancellations)
- We will retain your data in accordance with our Privacy Policy and applicable data retention requirements
- You may request export of your data prior to termination
- Sections of these Terms that by their nature should survive termination (including Sections 5, 7, 9, 10, 11, and 15) shall continue in full force and effect
14. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and notify you via email or through the Service at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service before they take effect.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Before initiating any formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days.
16. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Fancygames Ltd regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
- Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
- Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, acts of government, internet or power outages, third-party provider failures, or labour disputes.
- Notices: We may send notices to you via the email address associated with your account. You may send notices to us at support@toonstudio.ai.
17. Contact Us
If you have any questions about these Terms, please contact us:
- Email: support@toonstudio.ai
- Post: Fancygames Ltd, 3rd Floor, 86-90 Paul Street, London, United Kingdom, EC2A 4NE