Terms of service

The Operator of the Service and the service provider is the operator of Fattly (full registration details will be published shortly).

• Contact in all matters — including complaints, withdrawal from the contract, content reports, appeals against moderation decisions and personal data matters: contact@fattly.app. The help chat in the Service can also be used.
• The address contact@fattly.app is the point of contact for the authorities of EU Member States, the European Commission and the European Board for Digital Services, and for recipients of the service within the meaning of Articles 11 and 12 of Regulation (EU) 2022/2065 (the Digital Services Act, “DSA”). We communicate in Polish or English.

• User — a person using the Service; for services that require an account — a person who has created an account.
• Consumer — a natural person who concludes a contract not directly related to their business or professional activity.
• Sole trader with consumer rights — a natural person who concludes a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for that person (in particular in light of the scope of business activity entered in the Polish business register, CEIDG). Such a person has the rights described in §14, §15 and §19 and protection against unfair contract terms, in the same way as a Consumer.
• Credits — internal billing units used to pay for Generations. Credits are neither money nor a payment instrument.
• Generation — the creation by an AI model of content (an image, video, audio, voice or text) based on the User’s input.
• Content — the User’s input (prompts, uploaded files) and the results of Generations.
• Gallery — the public part of the Service where the User can publish their Content.
• Subscription — a paid monthly plan under which the User receives Credits on a recurring basis.

• The Service enables the generation and editing of images, video, audio, voice and text — including ads in Ad Studio, face swap, voice cloning and dubbing — using AI models from third-party providers, which the Operator did not create. The Service can be used via a web browser, via the API and the MCP server (with an API key) and via the Discord bot.
• The services are digital services provided by electronic means. The result of a Generation depends on the model and the input, and the same prompt may produce different results — this is a natural feature of AI models. The cost of a Generation in Credits is shown before it is started.
• All Content produced in the Service is generated by artificial intelligence. The assistant in the Service is an AI system (a language model), and its answers may contain errors. The help chat is answered by humans.
• Without an account, it is possible to browse the Gallery, the blog and the information pages and to report content (§13).

To use the Service, you need: a device with internet access, an up-to-date browser with JavaScript and cookies enabled, and an active email account. The Service does not require any software to be installed. We deliver Generation results in common formats (including JPG, PNG, WEBP, MP4, MP3) that work in current browsers, operating systems and media players.

• An account is created by providing an email address and a password (and confirming the email address) or by signing in with Google. By creating an account, the User accepts these Terms.
• The Service may be used only by persons who are at least 18 years old.
• The User provides truthful information and protects their login credentials and API keys; they may enable two-factor authentication. We treat actions performed with the User’s API key as actions of the User. The Operator may set limits on API use.
• One person may have one account. Creating multiple accounts in order to obtain free Credits more than once is prohibited. The account is non-transferable.
• The services are not intended for persons or entities subject to EU, UN, UK or US sanctions, nor for use from territories subject to such sanctions.

• Generations are paid for with Credits. The cost of a Generation depends on the model and parameters and is shown before it is started.
• Credits are bought in packages or received under a Subscription. We state prices in PLN, USD or EUR; these are final prices, including applicable taxes.
• Payments are handled by Stripe (including cards, BLIK and Przelewy24 — depending on the country). The Operator does not receive or store card data.
• Before paying, the User consents to the immediate start of the service (§14). After payment, the Credits are added to the balance, and we send a purchase confirmation, together with confirmation of that consent, to the account’s email address.
• Credits do not expire. They cannot be exchanged for money or transferred to another account — except for the refunds provided for in §14, §15, §17 and §18.
• Promotional and bonus Credits (e.g. starter Credits, Credits from the referral programme, for publishing in the Gallery or from promotions) are free of charge and cannot be exchanged for money. The Operator may revoke them if they were obtained in breach of these Terms or if the payment they were linked to was refunded or successfully disputed.
• If a payment is refunded or successfully disputed (chargeback), we deduct the Credits from that payment from the balance.
• When announcing a price reduction, we also state the lowest price from the 30 days before the reduction. The rules of promotions, discount codes, the referral programme and the affiliate programme are set out in their descriptions in the Service.

• The Subscription renews automatically every month. The fee is charged in advance at the start of each period, and we add the plan’s Credits once the period has been paid for.
• The price and the number of Credits in the plan are shown before purchase. Before each renewal, we send a reminder by email (about 2–4 days in advance).
• We announce any change to the Subscription price by email at least 30 days before it takes effect. The new price applies from the next period; the User may cancel the Subscription before then.
• The Subscription can be cancelled at any time in the account settings (subscription management panel). Cancellation takes effect at the end of the paid period, and Credits already granted remain in the balance.
• Withdrawal from the Subscription contract within 14 days of its conclusion is described in §14.

It is prohibited to use the Service to create, transmit or distribute content that:

• is unlawful or infringes the rights of third parties, including copyright, trademarks, personality rights and image rights;
• depicts minors in a sexual context or is in any way connected with the exploitation of children (zero tolerance);
• is sexual or pornographic in nature or contains nudity — the Service is intended exclusively for safe-for-work (SFW) content;
• depicts an intimate image of a real person without their consent, including “undressing” people in photos or videos;
• impersonates other people or depicts real people in a misleading, ridiculing or harassing way;
• incites hatred, violence, terrorism or discrimination, or glorifies self-harm;
• serves fraud, disinformation, the creation of fake reviews or endorsements, spam or malware;
• serves to circumvent the Service’s security measures, content filters, limits or the rules for granting free Credits, including by automatically scraping data from the Service without the Operator’s consent.

The User is responsible for their input and for how they use Generation results. Breaching these rules may result in the measures described in §13.

Some features process people’s likeness or voice — including face swap, animation and motion transfer, video editing with a brush, voice cloning, dubbing and Ad Studio ads with the User’s own photo.

• Before using such a feature, the User declares that they have the right to the likeness or voice used: it is their own likeness or voice, or they have the express consent of the person depicted (and, in the case of a minor, of their legal representative) to such processing and to the intended use of the result. The feature does not work unless this declaration is ticked.
• Using these features to create the content described in §9 is prohibited, in particular intimate, ridiculing or misleading depictions of real people.
• We pass photos and recordings to model providers solely to perform the Generation. We do not use them to identify people or to train models. The rules for storing them, including saved voice clones, are described in the Privacy Policy.
• The User is responsible for ensuring that their use of the likeness and voice complies with the law. In the event of a breach, the Operator may remove Content and block the account.

• Files generated in the Service contain a machine-readable marking stating that they were created using AI (details on the AI transparency page). Removing or altering this marking — or the markings of model providers — in order to conceal that the content was generated by AI is prohibited.
• When publishing or sharing content that realistically depicts existing persons, objects, places or events and could be taken as genuine (a deepfake), the User must clearly disclose that it was generated or manipulated by AI (Article 50(4) of Regulation (EU) 2024/1689 — the Artificial Intelligence Act). For evidently artistic, satirical or fictional works, a disclosure that does not hamper the display or enjoyment of the work is sufficient.
• The User publishes ads and other promotional content created in the Service (including in Ad Studio) in their own name and on their own responsibility. An AI avatar or a generated person must not be presented as a real customer or user of the product, nor their statements as a genuine review or endorsement.
• The User labels an ad as generated using AI whenever this is required by law — e.g. rules on unfair commercial practices, the rules of the US Federal Trade Commission (FTC) on reviews and endorsements, or New York’s requirement to disclose “synthetic performers” in advertisements — or by the rules of the platform on which they publish.

• To the extent permitted by law and by the model providers’ terms, the User may use Generation results for any purpose, including commercial purposes, subject to §9–§11. The Operator claims no rights to Generation results.
• AI output may not be protected by copyright and may be similar to results obtained by other people. The Operator does not guarantee its uniqueness or exclusivity.
• The User declares that they hold the rights to their input (e.g. photos, recordings, logos, product photos) and that using it in the Service does not infringe the rights of third parties.
• To provide the services, the Operator needs rights to the Content. The User grants the Operator a free, non-exclusive licence, without territorial limitation, for as long as the Content is stored in the Service, covering the following fields of exploitation: recording and reproduction by digital technology (storage, backups, processing by model providers, creation of thumbnails and previews) and displaying the Content to the User.
• If the User publishes Content in the Gallery, the licence also covers making it publicly available in the Service (the Gallery, the Content page, the preview shown when a link is shared and in search engines) until the Content is unpublished or deleted. Using the User’s Content in the Operator’s advertising outside the Service requires the User’s separate consent.

• The Service allows only safe (SFW) content. We use automated tools: prompt filters in many languages (including after translation), automatic analysis of uploaded files and results for nudity (for video — frame analysis) and the model providers’ safety filters. When a filter blocks a Generation, the Service displays the reason, and Credits are either not charged or refunded automatically. If you believe the block was a mistake, write to contact@fattly.app — a human will review the case.
• Publication in the Gallery requires a moderator’s approval. The moderator may refuse or revoke publication if the Content breaches these Terms or does not meet the Gallery rules (e.g. quality, duplicate, subject matter).
• Anyone — including people without an account — can report content they consider illegal or contrary to these Terms: with the “Report” button next to the content in the Gallery or by email to contact@fattly.app. A report should include: an explanation of why the content is illegal or contrary to these Terms; the exact address (URL) of the content; the name (or company name) and email address of the person reporting (not required for reports concerning the exploitation of children); a statement that the report is made in good faith and that the information in it is accurate and complete. We confirm receipt of the report by email and then communicate the decision.
• We process reports of non-consensual intimate images of real people and of content concerning minors within 48 hours, and all other reports without undue delay. Reports are decided by a human.
• Possible measures are: blocking a Generation, refusing or revoking publication in the Gallery, removing or blocking Content, and suspending or closing the account. We apply them in proportion to the severity of the breach and, in the case of serious or repeated breaches (e.g. content concerning minors, non-consensual intimate images), immediately.
• We inform the User by email of any decision restricting Content or the account, with a statement of reasons: what was restricted, why and on what basis, whether the decision was automated and how to appeal. An appeal can be lodged within 6 months by replying to that message or by writing to contact@fattly.app; it is reviewed by a human. Independently of this, it is possible to assert one’s rights in court.
• We pass information indicating a criminal offence that threatens the life or safety of persons to law enforcement authorities (Article 18 DSA), and material concerning the exploitation of children to the competent authorities and to child protection organisations.
• If a person frequently submits manifestly unfounded reports, we may — after a warning — suspend the processing of their reports for a certain period.

• A Consumer (including a sole trader with consumer rights) may withdraw from a distance contract within 14 days without giving any reason. The period runs from the day the contract is concluded: for a Credit package — from the day of purchase; for a Subscription — from the day it starts (renewals do not open a new period).
• The Service provides its services immediately after payment. Therefore, before paying, the Consumer consents to the immediate start of performance and acknowledges that, with regard to the Credits used, they lose the right of withdrawal, because to that extent the service has already been fully performed (Article 38(1)(1) of the Polish Consumer Rights Act — ustawa o prawach konsumenta). We send confirmation of this consent by email together with the purchase confirmation.
• The withdrawal covers the Credits from the purchase concerned that have not been used. We refund the part of the price proportional to the unused Credits from that purchase (excluding bonus and promotional Credits) within 14 days of receiving the withdrawal statement, using the same payment method and at no additional cost. We deduct the unused Credits from that purchase from the balance, and withdrawal from a Subscription contract ends the Subscription immediately.
• To withdraw, it is enough to use the “Withdraw from contract here” function in the account settings (the “Withdrawal from the contract” section) or to send a statement to contact@fattly.app, e.g. using the model form in the Annex. To meet the deadline, it is sufficient to send the statement before the withdrawal period expires. We confirm receipt of the statement by email.

• The Operator is liable to the Consumer for the conformity of digital services with the contract in accordance with the Polish Consumer Rights Act. If a service is not in conformity with the contract, the Consumer may demand that it be brought into conformity and, in the cases provided for in the Act, a price reduction or termination of the contract.
• A complaint can be submitted by email to contact@fattly.app or via the help chat. It helps to include the account email, a description of the problem, the Generation ID (if applicable) and the expected solution.
• We respond within 14 days of receiving the complaint; if we do not respond within this period, the complaint is deemed accepted. If we do not uphold the complaint, we will state whether we agree to out-of-court resolution of the dispute.
• If a Generation fails for reasons on the side of the Service or the model provider, we refund the Credits automatically. AI model results naturally vary from one attempt to another (§4) — we consider each complaint individually.

• The Operator makes every effort to keep the Service running continuously and securely, but interruptions may occur (e.g. maintenance, provider outages). Where possible, we announce planned longer interruptions in advance.
• The Operator is not liable for how the User uses Content or for the User’s infringement of third-party rights. A User who, through their own fault, has breached these Terms or the rights of third parties is liable, under the general rules, for the resulting damage suffered by the Operator, including damage resulting from claims by those third parties.
• Towards Users who are neither Consumers nor sole traders with consumer rights, the Operator’s liability is limited to the amount paid in the 3 months before the event and does not cover lost profits — to the extent permitted by law.
• These Terms do not exclude or limit any liability that cannot be excluded or limited by law, or the Consumer’s rights under the mandatory provisions of the law of the country of their habitual residence.

• The account agreement is concluded for an indefinite period. The User may terminate it at any time by deleting the account in the settings (deletion is immediate and irreversible) or by writing to contact@fattly.app.
• Deleting the account erases the Content and account data in accordance with the Privacy Policy, ends any active Subscription (with no refund for the current period) and means the loss of unused Credits. This does not affect the right of withdrawal (§14) or the rights under a complaint (§15) — it is worth exercising them before deleting the account.
• The Operator may terminate the agreement: with immediate effect — in the event of a serious or persistent breach of these Terms or the law (e.g. content concerning minors, non-consensual intimate images, payment fraud, circumventing security measures); with 30 days’ notice — for other important reasons, including the discontinuation of the Service. We notify the User of this by email, stating the reasons.
• When terminating the agreement, the Operator refunds the price of unused purchased Credits — except for Credits from refunded or disputed payments and promotional and bonus Credits.

• The Operator may amend these Terms for important reasons: changes in legislation or case law, decisions of authorities, changes in the scope or manner of providing the services (including adding or withdrawing features or models), changes at providers, security reasons or the prevention of abuse.
• We announce changes by email and in the Service at least 14 days before they take effect, unless the law or a decision of an authority requires a shorter period. A User who does not accept the changes may terminate the agreement before that date by deleting their account — in that case we refund them the price of unused purchased Credits.
• Changes do not affect previously acquired rights; in particular, they do not limit the validity of Credits already held.

• A Consumer resident in Poland may seek help from a municipal or district consumer ombudsman (rzecznik konsumentów) and from consumer organisations, and may use mediation or the permanent consumer arbitration court at the voivodeship inspectorate of the Trade Inspection (Inspekcja Handlowa). Information on these options is available at uokik.gov.pl.
• A Consumer from another EU country, Iceland or Norway may ask the European Consumer Centre in their country for help (ECC-Net).
• Polish law applies to the contracts. In relation to a Consumer, this choice of law does not deprive them of the protection afforded by the mandatory provisions of the law of the country of their habitual residence.
• Disputes with Consumers are settled by the courts having jurisdiction under the general rules, and a Consumer may also sue the Operator before the court of their place of residence where the law allows it. Disputes with other Users are settled by the court having jurisdiction for the Operator’s registered office.

• This version of the Terms applies to new Users from the day they create an account, and to Users who created an account earlier from October 11, 2026 (§18 — notice by e-mail at least 14 days in advance). Until then, the previous Terms continue to apply to them.
• These Terms are available in Polish, English, German, Spanish and French. A Consumer may rely on the version in their language; in relations with other Users, the Polish version prevails in the event of discrepancies.
• The invalidity of any provision does not affect the validity of the remaining provisions.

Complete and return this form only if you wish to withdraw from the contract. Instead of this form, you can use the “Withdraw from contract here” function in your account settings.

• To: the operator of the Fattly service, email: contact@fattly.app
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service: …
• Ordered on (date of purchase): … Purchase number (from the confirmation email, if available): …
• Name of consumer(s): … Account email address: …
• Address of consumer(s): …
• Signature of consumer(s) (only if this form is notified on paper): …
• Date: …
• (*) Delete as appropriate.