Terms of Service

These Terms of Service (“Terms”) are between you and Chosen Ecom Limited (“Aestify”, “we”, “us”), a company registered in Hong Kong (registration no. 78031944-000-04-25-6), trading as Aestify. By accessing or using the Aestify platform at aestify.io, you agree to be bound by these Terms. If you do not agree, you may not use our services.

1. Acceptance

By creating an account or using any part of the Aestify platform, you enter into a legally binding agreement with Chosen Ecom Limited. You must be at least 18 years old and legally capable of entering into a binding contract to use this service. If you are using Aestify on behalf of a business, you represent that you have authority to bind that business to these Terms.

2. Service Description

Aestify is an AI-powered product photography platform for Shopify merchants. You upload a product image, select a character, background, and pose from our curated library, and receive an AI-generated product photograph. No prompts are required. Each generation consumes one credit from your account balance.

The platform is built exclusively for product photography. It is not a general-purpose image generator.

3. Account Obligations

You are responsible for:

• Providing accurate and complete information when registering.
• Keeping your login credentials secure and confidential.
• All activity that occurs under your account, whether or not you authorised it.
• Notifying us immediately at support@aestify.io if you believe your account has been compromised.

You may not share your account, sell access, or allow others to use it.

4. Subscriptions and Payments

4.1 Plans and credits

Aestify is offered on subscription plans. Each plan includes a monthly credit allocation. Credits are used to generate images — one credit per generation.

4.2 Billing and auto-renewal

Subscriptions are billed monthly in advance. Your subscription renews automatically at the end of each billing period unless you cancel before the renewal date.

4.3 Monthly credits

Monthly plan credits are allocated at the start of each billing period. Unused monthly credits expire at the end of the billing period and do not carry over.

4.4 Bundle credits

Credit bundles purchased separately (“add-on packs”) never expire. They carry forward indefinitely and are not affected by subscription cancellation.

4.5 Credit pricing

We reserve the right to adjust credit pricing with 30 days’ advance notice by email. Changes do not apply to credits already purchased.

5. Waiver of Right of Withdrawal

This section applies to users in the European Union.

Under EU Directive 2011/83/EU, you ordinarily have a 14-day right of withdrawal from contracts for digital services. However, Article 16(m) of that Directive permits waiver of this right where you have expressly consented to performance of the service beginning before the withdrawal period expires.

At checkout, you are asked to check a withdrawal waiver checkbox. By checking that box and completing your purchase, you:

1. Consent to Aestify providing the service immediately upon payment.
2. Acknowledge that once the service has commenced, you waive your 14-day right of withdrawal under EU Directive 2011/83/EU, Article 16(m).
3. Confirm that you understand this means you cannot cancel and receive a refund on the basis of the right of withdrawal once generation credits have been issued to your account.

If you do not check the waiver checkbox, your purchase cannot be completed.

This waiver does not affect your rights under consumer protection law for defective or misdescribed services.

6. Acceptable Use

You agree to use Aestify only in ways that comply with applicable law and our Acceptable Use Policy. The Acceptable Use Policy is incorporated into these Terms by reference.

Prohibited uses include — but are not limited to — generating illegal content, content intended to deceive consumers, or content that infringes third-party rights. Any breach may result in immediate account suspension or termination.

7. Intellectual Property

7.1 Your uploads

You retain all ownership rights to the product images you upload. By uploading, you grant Aestify a limited, non-exclusive licence to process those images solely to deliver the service you requested. We do not claim any rights over your uploaded content.

7.2 Your generated outputs

Subject to your compliance with these Terms and our Acceptable Use Policy, you own the AI-generated images produced from your account and may use them commercially without restriction.

7.3 AI training

We do not use your uploaded images or your generated outputs to train AI models without your explicit opt-in consent. Training use is opt-in only and is never assumed by default.

7.4 C2PA metadata

Every image generated by Aestify contains embedded C2PA (Coalition for Content Provenance and Authenticity) metadata identifying it as AI-generated. This metadata is embedded by Aestify as part of its obligations under EU AI Act Art 50. You may not remove, strip, or alter C2PA metadata from generated images. Any tool or process that removes this metadata is a violation of these Terms.

7.5 Your responsibility for uploads

You are responsible for ensuring that the product images you upload do not infringe any third party’s intellectual property rights, privacy rights, or other legal rights. Aestify accepts no liability for claims arising from your uploaded content.

7.6 Platform and assets

Aestify, its AI models, character and background assets, and all platform technology remain the exclusive property of Chosen Ecom Limited. No rights are granted beyond those expressly stated in these Terms.

8. AI-Generated Content

8.1 Roles under the EU AI Act

Aestify is a Provider of AI-generated imagery within the meaning of EU AI Act Art 3(3). Aestify operates the AI system and is responsible for provider-level obligations including content watermarking and the AI content log.

You, as a merchant using the platform to publish generated images, are a Deployer within the meaning of EU AI Act Art 3(4). As a Deployer, you have labeling obligations under EU AI Act Art 50(4): when you use AI-generated images in public communications — including your Shopify storefront, advertising, or social media — you must ensure that the AI-generated nature of the content is disclosed to the extent required by applicable law.

8.2 Content filtering

Aestify applies automated filters to prevent the generation of prohibited content. Any attempt to circumvent these filters is a material breach of these Terms.

8.3 No deepfakes

Aestify does not produce deepfakes, face swaps, or content that replicates or impersonates real people. Any use of the platform for such purposes will result in immediate account termination and may be reported to relevant authorities.

8.4 AI output quality

Aestify uses AI models to generate product photography. AI-generated images may occasionally contain artifacts, inaccuracies, or results that do not match your expectations. This is inherent to how AI image generation works.

You are responsible for reviewing all generated images before commercial use. Regeneration is a normal part of the process. Try a different character, background, or pose if your first result is not what you wanted.

Credits are consumed when a generation completes successfully, regardless of whether you use the output. Credits are not refunded for aesthetic dissatisfaction. Refunds apply only to technical failures: errors, timeouts, or confirmed system faults. Contact support@aestify.io to report a technical failure.

Aestify makes no warranty as to the accuracy, commercial suitability, or uniqueness of any individual generated image.

9. Storefront Widget

Aestify provides a storefront widget that allows shoppers on your Shopify store to interact with your products using AI. If you deploy this widget:

• You must display the consent modal as provided by Aestify, without modification or bypass.
• You may not disable, hide, or alter the consent prompt.
• You are responsible for ensuring your use of the widget complies with applicable consumer and privacy law in the jurisdictions where your store operates.
• You may not deploy the widget in a way that deceives or misleads shoppers about how their data is processed.

10. Shopify Integration

If you connect your Shopify store to Aestify via OAuth:

• You are responsible for keeping your OAuth credentials secure.
• Aestify accesses only the Shopify scopes required to deliver the service. We do not request or retain broader access than necessary.
• You remain responsible for complying with Shopify’s Terms of Service and Partner Program policies in relation to your store.
• If you revoke Aestify’s Shopify access, connected features will stop functioning immediately.

11. Service Availability

Aestify makes reasonable efforts to keep the platform available. However:

• No Service Level Agreement (SLA) applies to Free or Starter plan accounts. These plans receive best-effort availability.
• No uptime commitment is made for any plan.
• We may perform maintenance that causes temporary interruptions. Where possible, we will give advance notice.
• We are not liable for losses caused by downtime, service interruptions, or generation failures — subject to Section 12.

12. Limitation of Liability

To the fullest extent permitted by applicable law:

• Aestify’s total liability to you for any claim arising from or related to these Terms or the service shall not exceed the greater of: (a) the total fees you paid to Aestify in the 12 months preceding the claim, or (b) €100.
• Aestify is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption — even if advised of the possibility of such damages.

Nothing in these Terms limits liability that cannot be excluded by law, including liability for death, personal injury caused by negligence, or fraud.

13. Indemnification

You agree to indemnify, defend, and hold harmless Chosen Ecom Limited and its officers, employees, and agents from and against any third-party claims, damages, losses, and costs (including reasonable legal fees) arising from:

• Your use of the platform in violation of these Terms.
• Your uploaded content infringing any third-party rights.
• Your failure to meet your labeling obligations as a Deployer under EU AI Act Art 50(4).
• Your deployment of the storefront widget in a non-compliant manner.

14. Termination

14.1 By you

You may cancel your account at any time through Settings → Subscription in your dashboard. Cancellation takes effect at the end of the current billing period. You may also request account deletion at support@aestify.io.

14.2 By Aestify

We may suspend or terminate your account immediately for material breach of these Terms, including violations of the Acceptable Use Policy, fraudulent activity, or non-payment.

14.3 Data retention after termination

Following account termination or deletion, we retain your data for 30 days to allow for recovery in case of accidental deletion. After that period, your account data is permanently deleted in accordance with our Privacy Policy.

15. Dispute Resolution

15.1 Good faith first

Before initiating any formal proceeding, both parties agree to attempt in good faith to resolve any dispute by contacting support@aestify.io. We will respond within 30 days. Most issues can be resolved this way.

15.2 Arbitration

If good faith negotiation does not resolve the dispute within 30 days of the initial notice, the dispute shall be referred to and finally resolved by arbitration administered in Hong Kong in accordance with the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules. The seat of arbitration is Hong Kong. The language is English.

15.3 EU consumers

Notwithstanding Section 15.2, if you are a consumer residing in the European Union, you retain the right to bring proceedings in the courts of your country of residence. EU consumer protection law guarantees this right and it cannot be waived by agreement. You may also use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Hong Kong.

For users who are consumers residing in the European Union: EU consumer protection rules apply regardless of this governing law choice. Where EU consumer law provides greater protection than Hong Kong law, EU law prevails for EU consumers. This includes but is not limited to rights under the EU Consumer Rights Directive, the Digital Content Directive, and applicable national consumer protection legislation.

17. Changes to These Terms

We may update these Terms from time to time. For material changes, we will give you at least 30 days’ advance notice by email to the address associated with your account. The updated Terms will also be posted at aestify.io/terms.

Your continued use of the platform after the notice period constitutes acceptance of the updated Terms. If you do not accept the changes, you must stop using the platform and cancel your account before the effective date.

Non-material changes (typo fixes, clarifications that do not alter your rights) may be made without notice.

18. Contact