Terms of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms”) govern access to and use of the Fogeni website, applications, photo-processing tools, subscriptions, credits, downloads, and related services (collectively, the “Service”). The Service is operated by Fogeni, operated by `Fogeni` (“Fogeni,” “we,” “us,” or “our”).

By creating an account, purchasing credits or a subscription, uploading content, or otherwise using the Service, you agree to these Terms and our Privacy Policy and Refund Policy. If you do not agree, do not use the Service.

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service or make a purchase.

2. The Service

Fogeni provides automated tools for enhancing and processing real-estate photographs. Features may include HDR bracket processing, exposure and color enhancement, perspective correction, batch processing, high-resolution downloads, and related editing functions.

The Service uses automated and artificial-intelligence-based processing. Results may vary depending on the quality, content, resolution, exposure, and format of uploaded images. We do not guarantee that every result will be error-free, suitable for a particular listing platform, or identical to manually edited photography.

You are responsible for reviewing every processed image before publishing, delivering, advertising, or using it commercially. You must ensure that edited images accurately represent the property and comply with applicable real-estate advertising, consumer-protection, intellectual-property, privacy, and listing-platform rules.

3. Accounts

You must provide accurate and current information when creating an account. You are responsible for safeguarding your password and for activity performed through your account. Notify us promptly at `help@fogeni.com` if you suspect unauthorized access.

Accounts are personal to the registered user or authorized business. You may not sell, transfer, share, or allow unauthorized persons to use your account. We may require email verification or other reasonable verification steps.

Each user’s photos, editing history, credits, subscription information, and billing records are private to that account. Users may not attempt to access another user’s account, content, credits, or private links.

4. Free test credits

New verified accounts may receive three free test credits. Free credits are limited to one allocation per eligible user and may not be repeatedly claimed through duplicate accounts, misleading information, or other attempts to bypass eligibility restrictions.

We may withhold, revoke, or limit promotional credits where we reasonably believe there is fraud, abuse, duplicate-account activity, or a violation of these Terms. Promotional credits have no cash value and cannot be sold, transferred, or refunded.

5. Subscriptions and billing

Available plans, prices, included credits, and billing periods are displayed on the Subscription page at the time of purchase. Subscription charges are collected in advance and automatically renew for the selected billing period unless cancelled before the next renewal date.

Monthly plans receive the stated credit allocation after each successful monthly payment. Yearly plans are charged in full in advance and receive the stated credit allocation monthly during the paid annual term. Credits already added to an account roll over and do not expire, unless they were obtained through fraud, error, chargeback, or a violation of these Terms.

If a payment fails, no new credits will be added for that billing period until payment succeeds. Existing legitimately acquired credits will remain available.

Prices may change. Any change to an active recurring subscription will be communicated as required by applicable law and will apply no earlier than the next permitted renewal. Taxes may be added where applicable.

Payments may be processed and sold by Paddle as merchant of record. Paddle may appear on the customer’s statement, receipt, invoice, or checkout and may apply its own buyer terms and privacy practices.

6. Cancellation

You may cancel automatic renewal through the account or billing portal where available, or by contacting `help@fogeni.com`.

Cancelling a monthly subscription stops future renewals and future monthly credit allocations. Cancelling a yearly subscription stops the next annual renewal; access and scheduled monthly credit allocations continue through the already paid annual term unless the transaction is refunded or reversed.

Cancellation does not automatically create a right to a refund. Credits already added to the account remain available for use, subject to these Terms.

7. Credits and photo processing

One credit is used for one successfully completed final HDR photo. When three bracketed source images are submitted to produce one final HDR photo, only one credit is used. A credit should not be charged when processing fails because of a verified system error.

A customer-requested additional completed version or re-edit may use an additional credit. Downloading the same completed output again does not use an additional credit.

Credit balances are not money, stored value, cryptocurrency, or a bank balance. Credits cannot be withdrawn for cash, transferred between unrelated accounts, or resold. Credits obtained through a refunded, reversed, disputed, fraudulent, or duplicate transaction may be removed.

8. User content and permissions

“User Content” means photographs, bracketed exposures, reference images, prompts, instructions, metadata, and other material submitted through the Service.

You retain ownership of your User Content. You grant Fogeni and its service providers a limited, non-exclusive, worldwide license to host, copy, transmit, process, modify, and create outputs from User Content solely as necessary to operate, secure, support, and improve the Service, comply with law, and enforce these Terms.

You represent and warrant that:

• you own the User Content or have all permissions necessary to upload and process it;
• processing the User Content will not violate intellectual-property, privacy, confidentiality, publicity, contractual, or other rights;
• you have permission to process images containing identifiable people, private interiors, personal documents, artwork, photographs, vehicle plates, or other protected or sensitive material; and
• your use of the outputs will comply with applicable laws and professional rules.

We do not claim ownership of your uploaded photographs or completed outputs. We will not publicly display or commercially advertise your private User Content without separate permission, except where necessary to respond to lawful requests, protect the Service, or resolve a dispute.

9. Prohibited uses

You may not use the Service to:

• upload or process content you do not have the right to use;
• violate privacy, intellectual-property, consumer-protection, housing, advertising, or other laws;
• create materially deceptive property representations or conceal facts where disclosure is legally required;
• process illegal, abusive, exploitative, sexually explicit, or harmful content;
• impersonate another person or misrepresent your identity or affiliation;
• probe, bypass, interfere with, reverse engineer, overload, or compromise the Service or its security;
• access another user’s account, images, credits, or private links;
• automate account creation or exploit free credits, pricing, referrals, refunds, or payment systems; or
• resell access to the Service unless we have agreed in writing.

We may suspend or terminate access where we reasonably believe these Terms have been violated or where necessary to protect users, third parties, or the Service.

10. Availability and changes

We aim to provide a reliable Service but do not guarantee uninterrupted or error-free availability. Maintenance, provider outages, capacity limits, safety controls, technical failures, or events beyond our control may affect processing or access.

We may modify, add, suspend, or discontinue features. Where a material change negatively affects a paid subscription, we will provide notice where reasonably practicable or required by law.

11. Intellectual property

The Service, excluding User Content, including its software, design, branding, text, workflows, and underlying technology, is owned by or licensed to Fogeni and is protected by applicable intellectual-property laws. These Terms do not grant you ownership of the Service or permission to use Fogeni branding without written authorization.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

Automated image processing can produce inaccuracies, artifacts, altered details, or unsuitable results. You are responsible for inspecting outputs and deciding whether they are appropriate for publication or commercial use.

Nothing in these Terms excludes rights or warranties that cannot legally be excluded.

13. Limitation of liability

To the maximum extent permitted by law, Fogeni will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, business, data, goodwill, opportunities, or property transactions arising from use of or inability to use the Service.

To the maximum extent permitted by law, our total liability arising from the Service or these Terms will not exceed the amount you paid to Fogeni for the Service during the three months immediately preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited or excluded.

14. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Fogeni and its operators, contractors, and service providers from third-party claims, losses, liabilities, and reasonable costs arising from your User Content, your use of outputs, your violation of these Terms, or your infringement of another person’s rights.

15. Termination

You may stop using the Service at any time. We may suspend or terminate an account for material or repeated violations of these Terms, fraudulent or abusive activity, legal or security risks, non-payment, or conduct that harms the Service or others.

Where appropriate, we may provide notice and an opportunity to remedy the issue. Sections that by their nature should survive termination—including ownership, payment obligations, disclaimers, limitations, and dispute provisions—will survive.

16. Governing law and disputes

These Terms are governed by the laws of the United Arab Emirates, without prejudice to mandatory consumer protections that apply in the customer’s country of residence.

Before commencing formal proceedings, you agree to contact us at `help@fogeni.com` and attempt to resolve the dispute informally. Subject to mandatory law, courts of competent jurisdiction in the United Arab Emirates will have jurisdiction.

17. Changes to these Terms

We may update these Terms to reflect changes to the Service, law, security, or business practices. We will update the effective date and provide additional notice where required. Continued use after an updated version becomes effective constitutes acceptance where permitted by law.

18. Contact

For questions about these Terms, contact:

Fogeni

Operated by: `Fogeni`

United Arab Emirates

Email: `help@fogeni.com`

Website: `https://fogeni.com/`