Terms and Conditions

Please read these Terms and Conditions ("Terms") carefully before accessing or using Formspace ("Service"), operated by Formspace ("Formspace," "we," "us," or "our"). By registering for an account, accessing the Service, or clicking any button indicating acceptance, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

These Terms constitute a legally binding agreement between you (or the entity you represent) and Formspace. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Definitions

• Account means a registered user profile that grants access to the Service.
• Content means any text, images, photographs, product data, metadata, or other material you upload, submit, or otherwise make available through the Service.
• Generated Output means images, scene renders, visualizations, or other AI-generated material produced by the Service based on your Content and brief inputs.
• Subscription means a recurring paid plan that grants access to Service features during the applicable billing period.
• Workspace means the shared environment within an Account where team members collaborate on catalogs and scenes.
• Third-Party Services means external platforms, APIs, or tools integrated with or accessible through the Service.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. The Service is intended for business and professional use. By using the Service you represent that you meet these requirements and that all information you provide is accurate and complete.

3. Accounts and Registration

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.
• You must notify us immediately at hello@formspace.us upon becoming aware of any unauthorized use of your Account.
• We reserve the right to suspend or terminate Accounts that violate these Terms, contain false registration information, or remain inactive for an extended period.
• You may not share, sell, or transfer access to your Account to any third party without our prior written consent.

4. Subscriptions and Payment

• Billing. Subscription fees are charged in advance on a recurring basis (monthly or annually, depending on the plan you select). All fees are stated in US dollars and are exclusive of applicable taxes. Subscriptions renew automatically — see Section 5 for the full automatic renewal terms and how to cancel.
• Taxes. You are responsible for all sales, use, value-added, or similar taxes imposed by any governmental authority on your use of the Service.
• Credits, and what uses one. Each plan includes a monthly allowance of credits. One credit is one render — one image generated by the Service. Generating a scene uses one credit, and each product you place into a scene is rendered separately and uses one more, because that separate pass is what keeps the product’s placement accurate. So a scene rendered with two products uses two credits, and an editorial scene with one product uses two: one for the scene, one for the product. The cost of a render is shown before you start it. Unused credits do not carry over between billing periods, and credits have no cash value and are not refundable except as required by law.
• Failed payments. If a payment fails, we may suspend access to your Account until the balance is resolved. Repeated failed payments may result in termination.
• Price changes. We may change Subscription pricing with at least 30 days’ notice. Continued use after the effective date of a price change constitutes acceptance.
• Refunds. Except as required by applicable law or as expressly stated in a separate order, all fees paid are non-refundable. If you cancel mid-period you retain access through the end of the paid billing period.
• Cancellation. You may cancel your Subscription at any time from your account settings. Cancellation takes effect at the end of the current billing cycle.

5. Automatic Renewal Disclosure

Your Subscription renews automatically. Unless you cancel before the end of the then-current billing period, your Subscription will renew on its own for successive periods of the same length, and the payment method you provided will be charged the then-current fee for your plan, plus applicable tax, at the start of each renewal period. This continues until you cancel. No further action by you is needed for a renewal to occur, and we are not required to obtain your consent again before each renewal.

• Renewal term. Your Subscription renews for the same interval you originally selected — monthly plans renew monthly, and annual plans renew annually — unless you change plans.
• Recurring amount. The recurring charge is the fee for the plan you selected, as presented to you at the point of purchase and shown on your receipt, plus any applicable tax. The current amount for your plan is always visible in your account under Settings → Billing.
• Timing of charges. Fees are charged in advance. The first charge is taken when you subscribe, and each renewal charge is taken at the start of the renewal period.
• Minimum term. Self-serve plans have no minimum commitment beyond the billing period you are currently in.
• Price changes. We will give you at least 30 days’ notice before any change to your recurring fee takes effect, so that you can cancel before being charged the new amount. Notice will be sent to the email address on your Account.

How to cancel. You may cancel at any time, and cancelling stops all future charges. You do not need to give a reason, and you will not be required to speak to anyone to do it. You can cancel by either of the following:

• In your account. Go to Settings → Workspace → Manage billing and cancel the Subscription. This is available at any time, in the same place you started the Subscription, and takes effect immediately on submission.
• By email. Write to hello@formspace.us from the address on your Account, asking to cancel. We will action the request and confirm by reply.

When cancellation takes effect. To avoid being charged for the next period, cancel before the end of your current billing period. Cancellation takes effect at the end of the period you have already paid for; you keep access until then, and fees already paid for the current period are not refunded except where required by applicable law.

Disclosure at the point of purchase. Before you subscribe, we present these automatic renewal terms — that the Subscription renews on its own, the recurring amount and how often it recurs, that it continues until cancelled, and how to cancel — adjacent to the control you use to authorise the charge, and we obtain your affirmative consent before charging you. We also send an acknowledgement of your Subscription, including these terms and cancellation instructions, to the email address on your Account.

Statutory rights. These provisions are intended to comply with the federal Restore Online Shoppers’ Confidence Act and with state automatic renewal statutes, including California Business and Professions Code sections 17600 to 17606 and New York General Business Law section 527-a. Nothing in these Terms limits any right you have under those laws, and where they give you a greater right than this section does, that law governs.

6. License to Use the Service

Subject to your compliance with these Terms and timely payment of applicable fees, Formspace grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during the Subscription term.

This license does not include the right to: (a) resell or sublicense the Service; (b) reverse engineer, decompile, or disassemble any part of the Service; (c) copy or replicate the Service to build a competing product; or (d) remove or alter any proprietary notices or labels.

7. Your Content

• Ownership. You retain all intellectual property rights in your Content. These Terms do not transfer ownership of your Content to Formspace.
• Image and media ownership. By uploading any image, photograph, rendering, or other visual media to the Service, you represent and warrant that you are the copyright owner of that media or that you hold all necessary rights, licenses, consents, and permissions required to upload, use, and grant Formspace the license described below. You may not upload any image or visual media that you do not own or for which you do not hold a valid license permitting its use on the Service. Formspace is not responsible for any claim arising from your upload of media you do not own or are not licensed to use.
• License to Formspace. You grant Formspace a worldwide, royalty-free, non-exclusive license to host, store, reproduce, process, and display your Content solely to the extent necessary to provide and improve the Service.
• Content standards. You represent and warrant that your Content does not: infringe any third-party intellectual property rights; contain unlawful, defamatory, obscene, or harmful material; include personal data collected without appropriate consent; or violate any applicable law or regulation.
• Responsibility. You are solely responsible for the accuracy, quality, integrity, and legality of your Content. Formspace does not verify or endorse any Content you upload.
• Backup. You are responsible for maintaining independent backups of your Content. Formspace is not responsible for any loss of Content.

8. Generated Output

• Ownership of outputs. Subject to these Terms, Generated Outputs produced from your Content and brief inputs are owned by you. Formspace does not claim ownership of your Generated Outputs.
• No guarantee of uniqueness. Because the Service uses generative AI models, outputs may be similar to outputs produced for other users. We make no representation that any Generated Output is unique or that it will not be produced for others.
• AI limitations. Generated Outputs are produced by AI and may contain errors, inaccuracies, or unintended content. You are responsible for reviewing all Generated Outputs before commercial use.
• Prohibited use of outputs. You may not use Generated Outputs for any purpose that violates applicable law, infringes third-party rights, or violates these Terms.
• Feedback. If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant Formspace an irrevocable, perpetual, royalty-free license to use that Feedback without restriction or compensation to you.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Upload, transmit, or distribute Content that infringes any patent, trademark, copyright, trade secret, or other proprietary rights.
• Generate, distribute, or display content that is illegal, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to any part of the Service, other Accounts, or our computer systems or networks.
• Introduce any virus, worm, Trojan horse, malware, or other harmful code.
• Use automated scripts, bots, scrapers, or other tools to extract data from the Service without our prior written consent.
• Interfere with or disrupt the integrity or performance of the Service or the systems or networks connected to it.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Use the Service to develop a product or service that competes with Formspace.

We reserve the right to investigate and take appropriate legal action against any violation of this section, including suspending or terminating the Account of any user who violates these provisions.

10. Intellectual Property

The Service, including its software, interfaces, design, branding, logos, text, graphics, and all other elements, is owned by or licensed to Formspace and is protected by copyright, trademark, and other intellectual property laws. Except for the limited license expressly granted in these Terms, no rights are transferred to you.

"Formspace" and associated logos are trademarks of Formspace. You may not use them without our prior written consent.

11. Confidentiality

Each party may have access to the other’s confidential information in connection with the Service. "Confidential Information" means any information designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to: (a) hold the other’s Confidential Information in strict confidence using at least the same degree of care it uses for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to third parties except as necessary to perform its obligations or exercise its rights under these Terms; and (c) use Confidential Information solely for the purposes of these Terms.

12. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

13. Third-Party Services

The Service may integrate with or link to Third-Party Services (such as AI model providers, cloud storage, and analytics platforms). Your use of any Third-Party Service is subject to that third party’s own terms and privacy policy. Formspace is not responsible for the content, functionality, accuracy, or practices of any Third-Party Service, and we do not endorse or make any representations about them.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FORMSPACE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FORMSPACE DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FORMSPACE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF FORMSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL FORMSPACE’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU PAID TO FORMSPACE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Formspace and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your Content; (c) your violation of any applicable law or regulation; or (d) your violation of any third party’s rights.

17. Suspension and Termination

• By Formspace. We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms, non-payment, or if we cease operating the Service.
• By you. You may stop using the Service and cancel your Subscription at any time.
• Effect of termination. Upon termination, your license to use the Service ends immediately. Provisions that by their nature should survive termination will survive, including Sections 6, 7, 9, 13, 14, 15, 17, 18, and 19.
• Data following termination. After termination, we may delete your Content and Account data from our systems, subject to our legal obligations and data retention practices described in the Privacy Policy.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state courts of Cherokee County, Georgia or the United States District Court for the Northern District of Georgia, and you consent to the personal jurisdiction of such courts.

Before initiating formal proceedings, you agree to first contact us at hello@formspace.us and attempt to resolve the dispute informally for at least 30 days.

19. Export Controls

The Service may be subject to US export control laws and regulations. You agree not to use, export, re-export, or transfer the Service or any related technical data to any country or person in violation of US export laws, including the Export Administration Regulations and the sanctions programs administered by the US Office of Foreign Assets Control.

20. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and any order forms or addenda, constitute the entire agreement between you and Formspace regarding the Service and supersede all prior agreements and understandings.
• Amendments. We may modify these Terms at any time by posting the revised version on our website with an updated "Last updated" date. We will provide at least 14 days’ notice before material changes take effect (e.g., by email or in-app notification). Continued use after the effective date constitutes acceptance.
• Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Formspace may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party will be liable for any failure or delay caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government actions, internet outages, or third-party service failures.
• No agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between the parties.
• Headings. Section headings are for convenience only and have no legal effect.

Contact us

Questions about these Terms? Email hello@formspace.us.