Terms and Conditions

2. Use of the Site & Acceptable Use

• You must be at least 18 years old to use our Site.
• You are responsible for keeping your account credentials secure, using reasonable safeguards such as strong passwords, SSO, or multi-factor authentication where available, and for all activity that occurs under your account. You must notify us promptly at security@freakout.ai if you suspect unauthorised access to your account.
• You agree not to use the Site for any unlawful purposes or in a way that could damage, disable, or impair our services.

In particular, you must not use the Site or any Generated Assets to:

• (a) infringe the intellectual property rights, trademarks, or trade dress of any third party, including using Generated Assets that resemble branded or protected products without authorisation;
• (b) create or publish advertising or product listings that are misleading, deceptive, or likely to confuse consumers as to the nature, origin, or characteristics of a product;
• (c) violate the policies of any marketplace, platform, or advertising network on which you publish Generated Assets (including but not limited to Amazon, eBay, Meta, Google, and TikTok);
• (d) harass, defame, or harm any individual or entity;
• (e) attempt to reverse-engineer, scrape, or extract proprietary data, models, or systems from the Site; or
• (f) circumvent any access controls, security measures, or usage limits on the Site.

Abuse monitoring. We may monitor account activity, usage patterns, billing events, request metadata, submitted content, and system or security logs where reasonably necessary to detect security threats, fraud, unlawful activity, policy violations, or attempts to bypass usage limits. We may investigate, throttle, block, suspend, or terminate accounts and remove content where needed to protect the Site, other users, third parties, or Freakout. This monitoring is for security, operations, legal compliance, and service integrity, not advertising.

3. Intellectual Property

• All content on the Site, including but not limited to text, images, logos, and graphics, is the property of Freakout and is protected by copyright and trademark laws.
• You may not copy, modify, distribute, or use our content without prior written permission.

4. AI-Generated Assets & Licensing

4.1 Generation and Ownership

• Freakout may generate 3D models, textures, images, scenes, or other creative outputs ("Generated Assets") using internal systems and third-party generation services, including but not limited to Meshy ("Generation Providers").
• Unless expressly agreed otherwise in a separate written agreement, all rights, title, and interest in the Generated Assets are owned or licensed by Freakout. You do not obtain ownership, authorship, or copyright in the underlying 3D models or source files.

4.2 Licence Granted to You

• Subject to these Terms, Freakout grants you a non-exclusive, non-transferable licence to use Generated Assets for lawful commercial purposes in connection with your use of the Freakout platform, including product visualisation, marketing, and other promotional activities.
• For clarity, you are fully permitted to use Generated Assets within your online store, product listings, marketing materials, advertisements, social media, and other commercial contexts related to promoting or selling your products, provided you are not redistributing the raw 3D files themselves.

4.3 Illustrative Nature of Generated Assets

• Generated Assets are intended for illustrative and promotional purposes only. They are visual representations designed to convey the general appearance or concept of a product and do not constitute an exact or definitive depiction of any physical product, its materials, dimensions, colour, finish, or specifications.
• You must not represent Generated Assets as photographically accurate, certified, or guaranteed depictions of any product. Any customer-facing use of Generated Assets must make clear, where the context requires it, that images are digitally generated and may differ from the actual product.
• Freakout accepts no liability for consumer complaints, regulatory action, or commercial disputes arising from a customer's reliance on a Generated Asset as an accurate representation of a physical product.

4.4 Restrictions

Without prior written permission from Freakout, you may not:

• (a) resell, redistribute, or make available the raw 3D files (including but not limited to .glb, .gltf, .fbx, .obj, textures, or source meshes);
• (b) upload Generated Assets to third-party marketplaces (such as asset stores, model marketplaces, or stock platforms);
• (c) release Generated Assets under Creative Commons, open-source, or public-domain licences; or
• (d) use Generated Assets to train or fine-tune machine learning or generative AI systems.

4.5 Third-Party Provider Terms

• Your rights to Generated Assets are subject to the terms of the Generation Providers. If a Generation Provider changes or revokes Freakout's rights, Freakout may modify or revoke your access to the affected Generated Assets. Freakout will endeavour to provide reasonable notice of any such change where practicable.

5. AI Output Disclaimer & No Quality Warranty

• Generated Assets are produced by probabilistic AI systems and are provided strictly on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise.
• No fidelity guarantee. Freakout does not warrant that any Generated Asset will accurately, faithfully, or recognisably reproduce or correspond to the source inputs you provide (including reference images, photos, text prompts, sketches, scans, or 3D data). Variations, deviations, omissions, hallucinations, artefacts, or misinterpretations of the input may occur and are an inherent characteristic of generative AI.
• No quality warranty. Freakout makes no representation or warranty regarding the quality, accuracy, completeness, geometric correctness, topology, scale, dimensions, materials, textures, colours, photorealism, manufacturability, printability, fitness for any particular purpose, merchantability, or non-infringement of any Generated Asset.
• User responsibility to review. You are solely responsible for reviewing, validating, testing, and (where necessary) correcting or remediating any Generated Asset before relying on it, publishing it, manufacturing from it, or using it in any commercial, regulated, safety-critical, or customer-facing context.
• Generated Assets may contain errors, distortions, unintended content, or content that resembles real persons, brands, trademarks, or copyrighted works. You are responsible for ensuring your use of any Generated Asset complies with applicable laws and third-party rights.
• Outputs are non-deterministic: identical inputs may produce different results across generations, and Freakout does not guarantee reproducibility of any specific Generated Asset.
• To the maximum extent permitted by law, Freakout disclaims all liability arising from your reliance on Generated Assets, including any commercial, financial, reputational, or production losses resulting from quality, accuracy, or similarity issues.

6. Customer Content & Public User Content

6.1 Definition of Customer Content

"Customer Content" means any materials that you, or anyone acting on your behalf, upload to, submit to, or make available through the Site in order to use the services. This includes, without limitation, 3D models and 3D files, product images, reference images, photographs, scans, text prompts, catalogue and product data, brand materials and logos, together with any related text, metadata, and other files. Customer Content does not include Generated Assets (defined in Section 4) or Public User Content (defined in Section 6.9).

6.2 Ownership of Customer Content

As between you and Freakout, you retain all rights, title, and interest in and to your Customer Content, including all intellectual property rights. Freakout does not claim any ownership of your Customer Content. You are responsible for ensuring that you hold the rights and permissions necessary to upload your Customer Content and to grant the licence in Section 6.3.

6.3 Limited Licence to Freakout

You grant Freakout a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, render, transform, and internally display your Customer Content, and otherwise use it, solely to the extent reasonably necessary to:

• (a) provide, operate, secure, maintain, support, and troubleshoot the services;
• (b) generate the outputs and Generated Assets you request;
• (c) improve the reliability and performance of the services, subject to the restriction on AI training in Section 6.4;
• (d) comply with applicable law or a valid legal request; and
• (e) enforce these Terms and protect the rights, safety, and security of Freakout, its users, and third parties.

This licence exists only for as long as reasonably needed to provide the services and to meet the retention obligations described in Section 6.8. It does not grant Freakout any right to sell, publicly distribute, or publicly display your Customer Content, or to use it for marketing, except with your prior written permission.

6.4 No AI Training Without Permission

• Freakout will not use your Customer Content to train or fine-tune machine learning or generative AI models unless you give explicit written permission or enter into a separate written agreement that permits it.
• Freakout may generate and use aggregated or de-identified usage statistics and operational analytics to monitor, secure, and improve the services, provided that such data cannot reasonably be used to identify you or to reconstruct your Customer Content.

6.5 Confidentiality & Access Controls

• Freakout treats non-public Customer Content as your confidential information and will not disclose it except as permitted in these Terms or a separate written agreement, or as required by law.
• Freakout limits access to Customer Content to authorised personnel and subprocessors who have a legitimate need to access it in order to provide, support, or secure the services, and applies appropriate technical and organisational measures to protect it.

6.6 Security Measures

Freakout maintains a security programme with controls designed around ISO 27001, SOC 2, and GDPR requirements. Freakout does not represent that it holds any ISO 27001 or SOC 2 certification or attestation. Our current measures include:

• encryption of Customer Content in transit using TLS;
• encryption at rest where supported by our infrastructure and storage providers (including AWS-managed encryption for data stored on AWS);
• role-based access controls and least-privilege access for personnel and systems;
• logging and monitoring of access to and activity within the services;
• backup and retention practices intended to support service continuity and recovery; and
• an incident response process to identify, investigate, and respond to security incidents, including notification where required by applicable law.

No method of transmission or storage is completely secure, and Freakout cannot guarantee absolute security. You remain responsible for maintaining your own backups of Customer Content, as noted in Section 11.

6.7 Subprocessors & Third-Party Providers

Freakout uses third-party providers and subprocessors to deliver the services. These are engaged only to the extent needed to provide, secure, or support the services and are subject to contractual or technical safeguards intended to protect Customer Content. Freakout remains responsible for the performance of its subprocessors in respect of Customer Content. Depending on the features you use, subprocessors may include:

• Amazon Web Services for hosting, storage, and CloudFront delivery.
• MongoDB Atlas for the primary customer database and encrypted managed backups.
• Stripe for payments. Card data is held by Stripe, never Freakout.
• Meshy for 3D model generation from submitted product images.
• OpenAI, Google, and Luma AI for AI generation features.
• Cloudflare for DNS, CDN, routing, and edge security services.
• Google for reCAPTCHA anti-abuse checks, Google Analytics, fonts, and other site resources.
• Vercel for website hosting, edge rendering, redirects, and static-page delivery.
• Shopify only for accounts that connect a Shopify store.

6.8 Retention & Deletion

Freakout retains Customer Content for as long as reasonably necessary to provide the services, meet legal and regulatory obligations, resolve disputes, enforce its agreements, maintain backups, and preserve security and audit logs. Deleted assets are permanently purged 30 days after deletion. Storage access logs are kept for 400 days. Security audit logs are kept for 365 days and then deleted. Standard server request logs, including IP address, user agent, and URL, are kept for security and operations only, never for advertising. Enterprise-specific retention and deletion terms may be set out in a separate written agreement.

6.9 Public User Content

• "Public User Content" means content you choose to make public or submit to public areas of the Site, such as comments, reviews, or publicly shared models. For Public User Content only, you grant Freakout a non-exclusive, royalty-free licence to use, reproduce, display, and distribute that content in connection with operating and promoting the Site.
• This licence applies only to Public User Content and does not extend to confidential Customer Content under Sections 6.1 to 6.8.
• You agree not to submit Public User Content that is offensive, unlawful, or that infringes the rights of others.

6.10 Relationship to Generated Assets

Generated Assets may be created from, or derived from, your Customer Content. Your Customer Content remains yours under this Section 6. Rights in the Generated Assets themselves are governed by Section 4 (AI-Generated Assets & Licensing) and by any separate written agreement between you and Freakout.

6.11 Hosting Location & International Transfers

Primary hosting. All customer data stored by Freakout is hosted on AWS in the European Union, in the Frankfurt region.

AI generation and other subprocessor transfers. Separately from primary hosting, certain features route Customer Content to third-party AI generation providers and other subprocessors (see Section 6.7) in order to produce the outputs you request or to operate the services. Some of those providers (including AI generation providers such as Meshy, OpenAI, Google, and Luma AI where a feature relies on them) process data outside the EEA, including in the United States. Freakout limits such transfers to what is needed to provide the requested feature.

Transfer safeguards. Where Customer Content or personal data is transferred outside the UK or the EEA, Freakout relies on appropriate safeguards recognised under the UK GDPR and applicable law, such as the UK International Data Transfer Agreement (IDTA) or Addendum, or the European Commission's Standard Contractual Clauses. AWS infrastructure security controls underpin the physical and infrastructure security of the hosting environment. Where a customer requires a specific data-residency arrangement, this can be addressed in a separate written agreement as described in Section 7.

7. Enterprise Agreements & Order of Precedence

Where Freakout and a customer enter into a separate written agreement governing use of the services, such as a master services agreement (MSA), data processing agreement (DPA), order form, or other enterprise agreement, that written agreement will control to the extent it conflicts with these Terms. These Terms continue to apply to the extent they do not conflict with such an agreement.

8. Payments & Subscriptions

• Payments for Freakout subscriptions and services are processed by third-party providers, including Shopify Billing for Shopify merchants. By purchasing a subscription, you agree to the applicable provider's terms of service and privacy policy.
• All subscription purchases are final and non-refundable. By completing a purchase, you acknowledge and agree that no refunds will be issued for any subscription fees paid, whether for unused periods, partial months, or any other reason, except where required by applicable law.
• Freakout reserves the right to change subscription pricing at any time. Where practicable, we will provide reasonable advance notice of any price changes. Your continued use of the service following a price change constitutes acceptance of the new pricing.
• Freakout may offer free tiers, trial access, promotional credits, or other no-cost access at its discretion. Paid subscriptions, usage charges, and add-ons apply when you select or activate them, and free access may be limited, modified, or withdrawn in accordance with these terms.

9. Data Protection & Privacy

• Freakout processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
• Our Privacy Policy, available on the Site, sets out how we collect, use, store, and protect your personal data, and explains your rights as a data subject.
• By using the Site, you acknowledge that you have read and understood our Privacy Policy.
• If you have any questions about how we handle your personal data, please contact us at privacy@freakout.ai.

10. Account Suspension & Termination

• Freakout reserves the right to suspend or terminate your account at any time, with or without notice, if you breach these Terms or if we reasonably believe your use of the Site poses a risk to Freakout, its users, or third parties.
• On termination of your account, your licence to use Generated Assets under Section 4.2 will cease. You may continue to use Generated Assets that you have already published or incorporated into live commercial materials prior to termination, subject to the restrictions in Section 4.4.
• Freakout is not liable for any loss or damage arising from the suspension or termination of your account in accordance with these Terms.
• If you wish to close your account, please contact us at general@freakout.ai.

11. Platform Warranty Disclaimer

• The Site and all services are provided on an "as is" and "as available" basis. Freakout makes no warranty that the platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• Freakout does not warrant that the results obtained from using the platform will be accurate, reliable, or meet your requirements.
• You are responsible for maintaining appropriate backups of any content or data you upload to or generate through the Site. Freakout accepts no liability for loss of data arising from platform errors, outages, or termination of the service.

12. Force Majeure

Freakout shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, civil unrest, government action, power or internet outages, cyberattacks, or the failure, suspension, or material change of services provided by third-party cloud infrastructure or hosting providers (including AWS) or by third-party Generation Providers (including Meshy or any successor service). Freakout will endeavour to notify users and resume normal service as soon as reasonably practicable.

13. Third-Party Links

Our Site may contain links to third-party websites. Freakout is not responsible for the content, policies, or practices of these external sites. The inclusion of any link does not imply endorsement by Freakout.

14. Limitation of Liability

• Freakout is not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the Site or any Generated Assets.
• We do not guarantee that the Site will be error-free or uninterrupted.
• Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

15. Dispute Resolution

• We encourage you to contact us in the first instance at general@freakout.ai to resolve any dispute informally.
• If a dispute cannot be resolved informally, it shall be subject to the exclusive jurisdiction of the courts of England and Wales, unless you are a consumer residing in another jurisdiction that grants you the right to bring proceedings in your local courts.
• If you are a consumer based in the EU, you may also submit a complaint to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Site with a revised "Last updated" date. Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms.

17. Severability & Entire Agreement

• If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the remaining Terms, which shall continue in full force and effect.
• These Terms, together with our Privacy Policy, constitute the entire agreement between you and Freakout with respect to your use of the Site and supersede all prior agreements, representations, or understandings relating to the same subject matter. This is subject to Section 7, under which a separate written enterprise agreement controls to the extent it conflicts with these Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. This does not affect any mandatory consumer protection rights you may have under the law of your country of residence.

19. Contact Information

For any questions regarding these Terms, please contact us at:

Freakout
Email: general@freakout.ai
Privacy: privacy@freakout.ai
Security: security@freakout.ai
Address: Bristol, United Kingdom