Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you and Emeric Durand, trading as Shotinger (“Shotinger”, “we”, “us”), the publisher of shotinger.com and app.shotinger.com (together, the “Service”).

By creating an account, accessing, or using the Service, you accept these Terms, our Privacy Policy, Refund Policy, Credits Policy, Content Reporting Policy and Cookie Policy, which form part of this agreement. If you do not accept them, do not use the Service.

If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind that organisation, and “you” means that organisation.

Shotinger is an online AI product-photography service operated by Emeric Durand, a sole trader registered in France under SIREN 829 227 578, whose business address is 320 rue Fra Angelico, 34000 Montpellier, France.

For any question relating to these Terms: contact@shotinger.com. Full publisher and hosting details are set out in our Legal Notice.

You must be at least 18 years old, or the age of digital consent in your country if higher, to use the Service. The Service is not directed at children.

You are responsible for:

• providing accurate account and billing information and keeping it up to date;
• keeping your credentials confidential and not sharing your account;
• all activity carried out through your account, including by team members you invite.

Tell us promptly at contact@shotinger.com if you believe your account has been accessed without your authorisation.

Where your plan includes team seats, you remain responsible for the acts and omissions of everyone you give access to, as if they were your own.

Shotinger provides AI-assisted workflows that generate product imagery from source material you supply — apparel on AI models, ghost mannequin, product and jewellery studio shots, flat-lay, and motion content.

The Service is provided as a software service. We may add, change, or discontinue individual features. Where a change materially reduces the core functionality of a paid plan, we will give you reasonable prior notice and you may cancel under section 17.

We do not guarantee that any particular output will be produced, that a specific model, pose, or style will remain available, or that outputs will be free of visual artefacts.

Plans. The Service is offered through a free workspace and paid subscription plans described on our Pricing page. Plan allowances are measured by two separate meters — AI renders (your monthly generation allowance) and Studio Credits (the resource pool consumed by generations). Both balances are visible in the app.

Authorisation. By subscribing, you authorise us and our payment provider to charge your payment method the plan fee, plus applicable taxes, on each renewal date, until you cancel.

Renewal. Subscriptions renew automatically for the same period — monthly or annual — unless cancelled before the end of the current period. You can cancel at any time from your account settings. Cancellation stops future renewals and you keep access until the end of the period already paid for.

Price changes. We may change plan prices. Any change applies from your next renewal and we will give you at least 30 days' notice by email beforehand. If you do not accept the new price, you can cancel before it takes effect.

Taxes. Prices are stated excluding VAT and other applicable taxes unless indicated otherwise. Where we are required to collect tax, it is added at checkout.

Credits. Credits are service-access units, not money, not property, and not a stored-value account. Their rules are set out in the Credits Policy, which forms part of these Terms.

Refunds. Refunds, and your statutory right of withdrawal, are governed by the Refund Policy.

“Your Content” means everything you upload, submit, or generate through the Service, including source photographs, product images, reference material, and prompts.

You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, and process Your Content solely to operate the Service for you — running your generations, displaying your workspace, providing support, and meeting our legal obligations. This licence ends when you delete the content or close your account, except for copies we are required to retain as described in our Privacy Policy.

You confirm that, for everything you upload, you hold all necessary rights, permissions, and lawful basis, including:

• the rights in the product images and photographs themselves;
• where a real person appears or is identifiable, that person's consent covering the use you intend, including AI processing;
• the rights in any trademark, logo, artwork, or design shown.

You must not upload material depicting minors, identity documents, or sensitive personal data, nor content that infringes the rights of a third party.

Paid plans. For outputs generated while you hold an active paid plan, we assign to you all rights, title, and interest in those outputs that we are legally able to assign, together with a worldwide, perpetual, irrevocable, transferable, sub-licensable licence to use, reproduce, modify, distribute, publish, and display them for any lawful purpose — including paid advertising, marketplace listings, and printed material.

These rights are permanent. They survive cancellation of your subscription and closure of your account. We do not time-limit them, we do not revoke them when you stop paying, and we do not require attribution.

Free workspace. Outputs generated on the free workspace may be used for evaluation and internal purposes only. Commercial use requires a paid plan. If you upgrade, the commercial rights above apply retroactively to outputs you generated earlier on the same account.

We do not publish your outputs. We do not display your generations in a public gallery, in marketing material, or in showcases without your separate written permission.

Two limits apply on every plan. You may not (a) resell or redistribute the AI models, styles, presets, or scene assets themselves as a standalone product, and (b) use outputs to train, fine-tune, or evaluate a machine-learning system that competes with the Service.

No copyright warranty. The legal status of AI-generated material differs between countries and is still developing. We assign what we are able to assign, but we cannot and do not warrant that any output attracts copyright protection, or that it is free of any third-party claim — particularly where it derives from source material you supplied.

We do not use your source images, generated outputs, or prompts to train general-purpose or foundation AI models, and we do not sell them or license them to third parties for that purpose.

Your Content is processed by the technical sub-processors listed in our Privacy Policy for the sole purpose of producing the results you requested. We require those providers not to retain your content for their own training.

We may use aggregated, de-identified operational data — such as error rates, latency, and feature usage — to maintain and improve the Service. That data contains none of your images or prompts.

You must not use the Service to:

• break the law, or infringe intellectual property, privacy, or personality rights;
• create material depicting minors in a sexual or exploitative way;
• generate sexual, intimate, or degrading imagery of a real, identifiable person, with or without their consent;
• impersonate a real person, or suggest that a real individual endorses a product they have not endorsed;
• imitate the branding of a company in a way likely to deceive its customers;
• produce material that is hateful, harassing, defamatory, or that incites violence;
• misrepresent a product's material characteristics in a way that misleads consumers, or that breaches advertising or marketplace rules;
• circumvent safety filters, rate limits, or credit metering, whether by prompt engineering, automation, or otherwise;
• scrape, reverse engineer, decompile, or attempt to extract the models or source code behind the Service;
• resell or make the Service available to third parties outside the scope of your plan, or build a competing product from it.

We may apply automated and human moderation to enforce this section.

AI output is probabilistic. It can misrender fabric, texture, colour, proportions, text, logos, hands, and fine detail, and results vary between runs even with identical inputs.

You are responsible for reviewing every output before you publish or advertise with it. In particular, before using an image in a product listing, you must check that it represents the actual product accurately. Consumer-protection and marketplace rules — including those of Amazon, Shopify, Etsy, and comparable platforms — apply to you as the seller, and we do not warrant compliance with any of them.

Where an output could reasonably be mistaken for an unedited photograph of a real person or a real scene, you are responsible for any AI-disclosure obligation that applies to you under advertising rules or applicable law, including the transparency obligations of Regulation (EU) 2024/1689 (the AI Act) to the extent they concern you as a deployer.

The Service relies on third-party providers for payment, authentication, hosting, and AI processing. Where you connect a third-party account or platform, your use of that platform is governed by its own terms and we are not responsible for it.

If you believe content on the Service infringes your rights or breaks the law, use the procedure in our Content Reporting Policy. It covers copyright and trademark notices, the counter-notice procedure, and reports under Regulation (EU) 2022/2065 (the Digital Services Act).

You may stop using the Service and close your account at any time.

We may suspend or limit access, remove content, or terminate an account where it is reasonably necessary to:

• address a breach of these Terms, in particular section 9;
• respond to a substantiated legal notice or to a court or regulatory order;
• protect the security, integrity, or availability of the Service;
• deal with non-payment or a payment dispute.

Except where the breach is serious or unlawful, or where prior notice would defeat the purpose of the measure, we will tell you the reason and give you an opportunity to respond. Where the Digital Services Act requires a statement of reasons, we will provide one.

On termination, section 7 (rights in outputs already generated), section 15, section 16 and section 18 survive.

We provide the Service with reasonable skill and care, and we will use commercially reasonable efforts to keep it available.

Beyond that, and to the extent permitted by law, the Service is provided “as is” and “as available”. We do not warrant that it will be uninterrupted or error-free, that defects will be corrected, or that outputs will meet your expectations, your art direction, or the requirements of any third-party platform.

Nothing in this section affects the legal guarantee of conformity or the guarantee against hidden defects that French law gives consumers (articles L217-3 et seq. of the Code de la consommation and articles 1641 et seq. of the Code civil), nor any other right that cannot be excluded by contract.

To the extent permitted by law:

• we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of data;
• our total liability arising out of or in connection with the Service, in any twelve-month period, is limited to the amount you paid us for the Service during the twelve months preceding the event giving rise to the claim.

We do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability that cannot lawfully be excluded.

If you are a consumer, this section does not reduce your statutory rights.

If you use the Service as a business, you will indemnify us against any third-party claim, and the reasonable costs of defending it, arising from Your Content, from your use of outputs, or from your breach of section 6 or section 9.

We may update these Terms. We will post the revised version with a new effective date and, where the change is material, notify you by email or in the app at least 30 days before it applies. Continuing to use the Service after that date means you accept the revised Terms; if you do not, you may cancel and stop using the Service.

These Terms are governed by French law.

If you are a consumer, this choice does not deprive you of the protection of the mandatory rules of the country where you habitually reside, and you may bring proceedings before the courts of that country.

If you use the Service as a business, the courts of Montpellier, France, have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Please contact us first at contact@shotinger.com. We aim to answer any complaint within 14 days.

If you are a consumer resident in the European Union and we cannot resolve the matter between us, you may refer the dispute free of charge to a consumer mediator, in accordance with articles L611-1 et seq. of the French Code de la consommation. Write to contact@shotinger.com and we will provide the details of the mediation body competent for your request.

Entire agreement. These Terms and the policies referenced in them are the whole agreement between us regarding the Service.

Severability. If a provision is held invalid, the rest remains in force.

No waiver. Not enforcing a provision is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a transfer of the business or its assets, provided your rights are not reduced.

Force majeure. Neither party is liable for failure to perform caused by an event beyond its reasonable control.

Language. These Terms are drafted in English. Translations are provided for convenience; in case of conflict the English version prevails, except where the law of a consumer's country of residence requires otherwise.

Emeric Durand, trading as Shotinger
320 rue Fra Angelico, 34000 Montpellier, France
contact@shotinger.com