Terms of Service

1. Definitions

Provider — the operator of fakesme. Customer — a natural person entering the contract for non-professional purposes (consumer) or as a business. AI content — digital images generated by artificial intelligence models.

2. Service scope

fakesme generates AI content (images) based on reference photos and a brief supplied by the Customer. The service delivers digital files in the agreed quantity and style within the SLA stated in the offer.

3. Content nature — AI disclosure

All delivered files are synthetic AI-generated content and do not constitute documentary photography. Every file carries C2PA metadata confirming AI origin. The Customer undertakes to publish the content with adequate labeling (Instagram/TikTok AI label, #aicontent hashtag, disclosure in brand campaigns) in accordance with the EU AI Act (Regulation 2024/1689 Art. 50) and platform rules.

4. Content license

The Customer receives a non-exclusive, irrevocable license to use the delivered AI content for personal and commercial purposes (social media, marketing campaigns, own-account monetization). The license does not include reselling the files as goods, further AI model training, or publishing them as "real photography".

5. Customer obligations and warranties

• Customer is 18 years of age or older.
• Customer owns full rights to all reference photos.
• Reference photos depict the Customer or individuals who have consented to processing.
• Customer will not order content depicting public figures without consent, minors, sexual / political / violent content, or protected brands.
• Customer is responsible for the manner in which delivered content is published.

6. Right of withdrawal (14 days) — digital content

Pursuant to Art. 16(m) of the EU Consumer Rights Directive 2011/83/EU and implementing national laws, the right of withdrawal does not apply to digital-content contracts where performance has begun with the consumer's express prior consent before the 14-day withdrawal period expires. The Customer provides such consent via a dedicated checkbox at checkout.

7. Off-brief guarantee and refunds

• 1 free revision on every order.
• If post-revision the result still misses the brief — 50% refund.
• If we miss the stated deadline — 100% refund.
• Refunds processed within 14 business days of complaint acknowledgment.

8. Liability and its limitations

• Provider is not liable for how the delivered content is used — in particular for failure to label as AI, misleading publication, violations of platform rules, or the Customer's contractual obligations toward third parties (e.g. brands, agencies).
• Provider liability shall in no case exceed 100% of the order value to which the claim relates.
• Liability for indirect damages, lost profits, loss of reputation, loss of advertising contracts, legal costs and non-pecuniary damages is excluded — to the extent permitted by law.
• Customer claims expire 12 months after the order delivery date.
• These limitations do not exclude liability for damage caused by willful misconduct or gross negligence, nor consumer-protection rights that cannot be waived under applicable mandatory law.

9. Force majeure

Neither party shall be liable for non-performance or improper performance of obligations arising from the Terms if caused by force majeure, including in particular: failures of infrastructure providers (Stripe, Vercel, Supabase, Uploadthing, Resend, AI model providers), DDoS attacks, extraordinary actions of state authorities, natural disasters. In such cases the SLA timeline is suspended and the Provider will inform the Customer by email of the expected delay.

10. Moderation, takedown and DSA procedure

• Provider reserves the right to refuse an order without reimbursement of compute cost incurred if the brief violates clause 5 or the law.
• Individuals recognizing their likeness in AI content may file a takedown at kontakt@fakesme.com — material removed within 48h without bureaucracy.
• Every notice of illegal content (notice & action, Art. 16 of the Digital Services Act — Regulation 2022/2065) is logged, assessed by the operator and handled within 7 business days.
• The Customer has the right to appeal a moderation decision — response within 14 business days.

11. Complaints

• Complaints should be sent to kontakt@fakesme.com within 14 days of detecting the defect.
• A complaint should include: order number, problem description, expected resolution.
• Provider examines complaints within 14 business days. Failure to respond within this period means the complaint is deemed accepted.
• Consumers additionally have the right to use out-of-court dispute resolution methods (UOKiK, ODR).

12. Personal data, GDPR and processors

Detailed data processing rules are described in the Privacy Policy. We use only GDPR-compliant processors bound by data processing agreements (DPA): Stripe (payments), Resend (transactional email), Uploadthing (reference hosting), Vercel (application hosting), Supabase (database). The Customer may request earlier deletion of reference photos via kontakt@fakesme.com or /api/privacy/delete.

13. Data transfer outside the EEA

Some processors (Stripe, Resend) have servers in the USA. Transfer is based on Standard Contractual Clauses (SCCs) of June 2021 and the EU-US Data Privacy Framework (Commission decision 2023/1795). Acceptance of the Terms constitutes acceptance of such transfer to the extent necessary for service performance.

14. Governing law and jurisdiction

Polish law. Consumer disputes are adjudicated at the consumer's place of residence. Disputes with businesses — court competent for the Provider's seat. Out-of-court consumer dispute resolution available via UOKiK (uokik.gov.pl) and the ODR platform (ec.europa.eu/consumers/odr).

15. Terms changes

Customer will be notified by email 14 days before changes take effect. Orders placed before a change are fulfilled under the version in force at the time of ordering. The current version is always available at fakesme.com/pl/regulamin and fakesme.com/en/regulamin.