Terms & Conditions

1. Introduction & Company Information

This Agreement is an electronic record generated under the Information Technology Act 2000 and its allied rules; it does not require physical or digital signatures.

2. Definitions

• “Site” – www.foodcanvas.app and all sub-domains.
• “Services” – the FoodCanvas web-app, AI generation and stylisation functions, credits system, support channels, and any other features provided by DFS.
• “Content” – all images, videos, text, logos, data, code, and other material displayed on or generated through the Services.
• “Input” / “Output” – “Input” means material you submit (e.g. photos, prompts); “Output” means AI-generated material returned to you.
• “Credits” – prepaid units that can be redeemed for food-image generation or stylisation.

3. Eligibility & Account Terms

• You confirm you are competent to contract under Section 11 of the Indian Contract Act 1872 and, where applicable, have consent from a parent/guardian or a valid payment instrument.
• One person or legal entity may create multiple accounts provided all registration information is accurate.
• DFS may suspend or terminate any account for violation of law or these Terms, or for suspected fraud, with or without notice.
• Upon closure by you or DFS, any unused credits are forfeited and non-refundable. Account metadata may be retained for up to two (2) years or longer if required by law.

4. Description of Services

FoodCanvas is an AI-powered media-creation platform that enables you to:

• DishGlow – upload one or more food photographs (up to 10 per job) and have them AI-stylised into professional, menu-ready imagery;
• AI-Generated Images & AI-Stylised Images – create or enhance still visuals beyond food photography when the workflow permits;
• Short Videos & Image-to-Video Conversion – automatically transform static images into animated clips suitable for social media or digital signage;
• Media Generation & Conceptualisation – produce mock-ups, storyboards, or other creative concepts powered by generative models;
• Sales Collateral, Marketing Materials & Advertisements – generate ready-to-use assets such as social tiles, banners, digital menus, and promotional videos;
• Other Value-Added Products & Services that DFS may introduce from time to time.

These Services are tailored for, but not limited to, organisations in the Hospitality, Food & Beverage, Restaurant, Hotel, Resort, Media & Marketing Agency, Social-Media Marketing, Services, Technology, and IT sectors.

All Outputs are delivered digitally via the on-screen gallery and downloadable files; no physical goods are supplied.

5. Permitted & Prohibited Uses

You may use the Services solely to create or enhance food-related media for lawful business or personal purposes. You agree NOT to:

• Violate any national or international law, including intellectual-property or obscenity statutes;
• Reverse engineer, scrape, or attempt to access source code or model weights;
• Upload or generate content that is defamatory, hateful, misleading, or infringes third-party rights;
• Use automated scripts to deplete credits or overload infrastructure;
• Misrepresent the provenance of Output or claim endorsement by DFS.

DFS disclaims all liability for user violations and may remove or block unlawful material in compliance with Section 79 of the IT Act 2000 and the Intermediary Guidelines 2021.

6. Intellectual Property & Licensing

• DFS Materials – The Site, underlying models, presets, software, and UX remain the exclusive property of DFS or its licensors. All rights not expressly granted are reserved.
• Output Ownership – DFS retains full title to all AI-generated Output.
• Upon successful credit deduction, DFS grants you a world-wide, non-exclusive, royalty-free licence to download, reproduce, and publicly display that specific output for commercial or non-commercial purposes.
• Output obtained using free credits or previews is limited to internal evaluation and may not be distributed or published.
• Input Warranty – You warrant that you own or hold valid licences to any Input (photos, logos, prompts) and grant DFS a perpetual, worldwide licence to use such Input (a) to provide Services; (b) to improve models; and (c) for aggregate, anonymised analytics.
• No Exclusivity – Because AI systems may generate similar results for different users, DFS does not guarantee uniqueness or exclusivity.

7. Payments, Credits & Taxes

• Credits must be pre-purchased through authorised payment gateways; DFS accepts all currencies and methods offered by those providers.
• Prices include or exclude Indian GST as indicated at checkout; you are responsible for any withholding or local taxes in your jurisdiction.
• All sales are final; credits are non-transferable and non-refundable except as required by law.
• DFS reserves the right to adjust pricing at any time; new rates apply prospectively and never affect completed transactions.
• Failed or reversed payments will result in automatic revocation of the corresponding credits and/or Output.

8. Refunds, Returns & Cancellations

Given the irreversible nature of digital downloads, no refunds or returns are offered once credits are deducted. Exceptional cases (e.g., accidental double billing) are handled solely at DFS’s discretion; DFS’s decision is final.

9. Service Availability & Maintenance

DFS strives for 99% uptime but does not guarantee uninterrupted service. Planned maintenance or unexpected outages may occur; DFS will attempt reasonable notice where feasible. DFS is not liable for any loss from downtime, latency, or errors.

10. Privacy & Data Protection

• Personal data (name, email, phone, business details) is collected to deliver Services and stored on secure servers hosted by AWS, GCP, Azure, or equivalent. DFS never stores full payment-card numbers; payments are processed by PCI-DSS-compliant gateways.
• Cookies and local-storage tokens are used for session management, analytics, and remembering preferences; by continuing to use the Site you consent to such cookies.
• Full details are set out in the FoodCanvas Privacy Policy, which forms an integral part of these Terms.

11. Warranties & Disclaimers

Services and Output are provided “AS IS” and “AS AVAILABLE,” without any warranty—express, implied, statutory, or otherwise—including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

DFS does not warrant that Output will be free of third-party claims or suitable for your specific regulatory requirements (e.g., advertising standards, health claims).

12. Limitation of Liability

To the maximum extent permitted by law:

• DFS’s aggregate liability (whether in contract, tort, negligence, or otherwise) shall never exceed the total fees you paid to DFS in the preceding twelve (12) months; and
• DFS shall not be liable for any indirect, incidental, punitive, or consequential damages (including lost profits, goodwill, data, or business interruption).

13. Indemnification

You agree to defend, indemnify, and hold harmless DFS, its partners, employees, suppliers, and affiliates from any claim, demand, loss, or damage (including legal fees) arising out of or related to:

• Your Input, Output, or any content you publish using the Services;
• Your breach of these Terms or any applicable law;
• Any allegation that your Input or use of the Output violates a third-party right.

DFS reserves the right to assume exclusive defence and control, at your expense, of any matter otherwise subject to indemnification.

14. Third-Party Services

The Site may integrate APIs, models, or payment processors owned by third parties. DFS does not control and is not responsible for their content or practices; your use of such services is governed by their respective terms.

15. Modification of Terms

DFS may update these Terms at any time. Material changes will be posted on the Site with a new “Last updated” date. Continued use after such posting constitutes acceptance.

16. Governing Law, Jurisdiction & Dispute Resolution

• This Agreement shall be governed by and construed under the laws of the State of Goa, Republic of India, without regard to conflicts of law.
• Arbitration – Any dispute shall be referred to a sole arbitrator appointed by DFS under the Arbitration & Conciliation Act 1996. Seat and venue: Margao, Goa.
• Courts – Subject to the above arbitration clause, the courts of South Goa shall have exclusive jurisdiction.
• No class actions – Proceedings must be on an individual basis; class or representative actions are prohibited.

17. Force Majeure

DFS is not liable for failure or delay caused by circumstances beyond reasonable control, including natural disasters, acts of government, network outages, labour disputes, or third-party service failures.

18. Severability & Waiver

If any provision is held unenforceable, the remaining provisions will remain in full force. Failure to enforce any right is not a waiver.

19. Assignment

DFS may assign or transfer its rights and obligations without restriction; you may not assign your rights without DFS’s prior written consent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any supplementary product-specific terms, constitute the entire agreement between you and DFS, superseding all prior understandings.

21. Contact

Legal notices, complaints, or support queries should be emailed to support@foodcanvas.app or mailed to the registered office address above.