These Terms of Service (the “Terms”) govern your use of the GAFFER.AI platform (the “Service”), operated by GAFFER.AI, Israeli Authorised Dealer (עוסק מורשה) No. 322714833, located in Tel Aviv, Israel (“we”, “us”, the “Company”). By creating an account, purchasing a subscription or tokens, or otherwise using the Service, you confirm that you have read, understood and agreed to be bound by these Terms. If you do not agree, please do not use the Service.
1. The Service
GAFFER.AI is a software-as-a-service platform that enables our customers in the fashion and retail industries to generate commercial-grade imagery using artificial intelligence — digital models, product packshots, lookbooks, close-ups and related outputs. The Service operates on an internal billing unit called tokens, purchased in advance or granted as part of a recurring subscription plan.
2. Eligibility, Consumers & Business Customers
- You must be at least 18 years old and have full legal capacity to enter into binding contracts.
- The Service is offered to both business customers and consumers. Where you qualify as a consumer under applicable mandatory law (including the Israeli Consumer Protection Law, the EU Consumer Rights Directive 2011/83/EU, the UK Consumer Contracts Regulations 2013, and analogous laws), full consumer rights apply and no provision of these Terms may operate to deprive you of those rights.
- You may not register on behalf of another person, supply false information, or operate multiple accounts to circumvent quota, pricing or anti-abuse limits.
3. Account & Security
Accounts are created through third-party sign-in (Google). You are solely responsible for maintaining the confidentiality of your login credentials and for every action taken on your account, whether or not authorised. Notify us immediately at hello@gafferai.io upon suspecting unauthorised access. We may suspend or terminate accounts for breach of these Terms, suspicious activity or in response to a lawful order, with prior notice to the affected user where this is feasible and does not jeopardise the security of the system or third parties.
4. Your Content
You retain ownership of all intellectual property rights in the content you upload to the Service (garment images, model photographs, text, etc., the “User Content”). By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, process, transmit and store User Content solely to provide the Service to you (including running AI models on User Content to produce the Output you requested). This licence does NOT cover training of generic or competing foundation AI models on your User Content; such training will only occur after your separate, explicit opt-in.
You represent and warrant that you own the rights to your User Content or have obtained every required consent (including, for example, explicit consent from any models, crew or other identifiable third parties depicted). We do not pre-screen User Content and we bear no responsibility for it. Full responsibility for User Content and for its use lies with you.
4.1 Third-Party Rights Check and User Liability
The Service performs an automated computer-vision check on uploaded garment images to identify registered trademarks and common copyrighted characters (the “Automated Check”). The Automated Check is a best-effort tool only and is not exhaustive — it may miss infringements and may flag clean items incorrectly.
When the Automated Check flags content, you receive a dedicated notice requesting explicit acceptance of liability. By proceeding with rendering after such acceptance, you declare and warrant that you are the sole owner of the rights in the content or hold a valid and explicit license, and you assume full legal responsibility towards the rights holders, including any claims, damages, indemnification costs, and legal expenses incurred by us.
Your acceptance is recorded in a logged ledger including the time of acceptance, your user identity, the specific item, your IP address, and your browser User-Agent — for legal traceability purposes.
GAFFER.AI does not check or verify third-party rights in content before or after upload, does not endorse the use of protected content, and bears no liability for any claim arising from your infringement of any rights.
5. Generated Output
Images and files that the Service generates for you (the “Output”) are yours to use commercially. You acknowledge, however, that: (a) AI services may produce similar outputs for different users; (b) Output is not necessarily unique; and (c) Output may contain errors, inaccuracies or elements unsuited for downstream use — therefore the responsibility to review Output before publication or commercial use rests with you. We make no warranty as to the quality, accuracy or fitness for a particular purpose of any Output, except where mandatory consumer-conformity rules (Directive (EU) 2019/770) apply and cannot be disclaimed.
6. AI Output Provenance
We will mark Output with provenance metadata compatible with the C2PA standard (Coalition for Content Provenance and Authenticity) where technically feasible, in anticipation of Article 50 of Regulation (EU) 2024/1689 (the “EU AI Act”), which applies from 2 August 2026. You remain responsible for any additional synthetic- content disclosure obligations that apply in your jurisdiction or in the downstream publishing market (including “AI-generated” labelling and disclosures in commercial contexts).
7. Pricing, Tokens & Subscriptions
- Prices & tax: Prices for Israeli consumers are displayed VAT-inclusive as required by Section 17A of the Israeli Consumer Protection Law. Prices for non-Israeli customers are displayed in USD and are exclusive of VAT / GST / sales tax, which will be added at point of charge as required by applicable law.
- Tokens are the Service’s internal billing unit. Each action (render, analysis, etc.) consumes tokens at the rate published on the Service. By purchasing tokens you give your express prior consent to the immediate commencement of supply and you acknowledge that, to the extent supply has begun, you lose the statutory right of withdrawal under Section 14C(d) of the Israeli Consumer Protection Law and under Article 16(m) of EU Directive 2011/83/EU.
- Subscription tokens are valid for the active billing cycle. Unused balances roll over once to the next cycle and expire thereafter, unless stated otherwise on the Service.
- Top-up tokens (one-time packs) are valid for 12 months from purchase, unless stated otherwise.
- Auto-renewal & advance notice: Subscriptions renew automatically until cancelled. We will send you a written reminder by email at least 30 days before an annual renewal and at least 14 days before any renewal that creates a commitment longer than 3 months, in line with Israeli Section 13D, CA SB-313 and NY GBL §527-a. Each reminder will state: the price for the next term, the renewal frequency, the cancellation method, and the date by which to cancel to avoid the next charge.
- Payment processing is handled by a third-party processor (e.g. Stripe). We do not store card data. The processor’s terms apply in addition to these Terms.
8. Cancellation & Refunds
Full cancellation and refund terms are set out in our Refunds & Cancellations policy, which forms an integral part of these Terms. The policy distinguishes between Israeli consumers (whose rights follow §14C of the Consumer Protection Law), EU/EEA consumers (whose rights follow Articles 9 and 14 of the EU CRD), and other consumers (whose rights follow these Terms and any local mandatory law).
Cancellation requests may be submitted by email to hello@gafferai.io. Israeli consumers may, additionally, contact us by any other reasonable means.
9. Prohibited Uses
You may not, and you may not enable a third party to:
- upload content you do not own or for which you lack the required consents;
- upload images of minors, pornographic, violent, racist, hateful or otherwise offensive content;
- use the Service for fraud, impersonation, or any violation of applicable law in your jurisdiction or in Israel;
- circumvent, reverse engineer or interfere with security, billing, usage or account management controls;
- use automated tools (bots, scrapers) beyond reasonable interactive use;
- use the Service to train or develop competing AI models;
- publish Output in a way that misleads end-consumers about the synthetic nature of the models or imagery, where disclosure is required by applicable law in your market.
We may suspend any account that breaches this Section 9. Suspension does notautomatically forfeit remaining token balances: such balances are frozen pending review and are refundable per the Refunds policy if the breach claim is not sustained.
10. Our Intellectual Property
GAFFER.AI, the logo, the user interface, the source code, the algorithms, our proprietary AI models, prompts and bespoke tooling are our exclusive property and are protected by copyright, trade mark and trade-secret law. You may not copy, distribute, display, prepare derivative works of, or reverse engineer any part of the Service.
11. Third-Party Services
The Service relies on third-party infrastructure, payment, storage and AI providers, including Replicate, Google (Firebase + Gemini), Anthropic and Stripe. Use of the Service is subject to those providers’ terms. We are not responsible for the availability, accuracy or privacy practices of third-party providers.
12. Privacy & Data Protection
- Processing of personal data is conducted in accordance with the Israeli Privacy Protection Law, 5741-1981 and its regulations; for EU/EEA residents, in accordance with the EU GDPR (Regulation (EU) 2016/679); for UK residents, in accordance with the UK GDPR.
- You may exercise access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), portability (Art. 20) and objection (Art. 21) rights by writing to hello@gafferai.io. We will respond within statutory time-limits.
- Retention: User Content is retained for 24 months from creation unless deleted by the user. Billing and tax records are retained for 7 years as required by Israeli tax law.
- Sub-processors: Replicate, Google (Firebase + Gemini), Anthropic, Stripe. An up-to-date list is available at hello@gafferai.io.
- International transfers: personal data may be transferred outside Israel or the EU/EEA under (i) adequacy decisions, where available, or (ii) the European Commission’s Standard Contractual Clauses (Decision 2021/914), with supplementary measures where required.
13. Limitation of Liability
The Service is provided “AS IS” and “AS AVAILABLE”. We do not warrant that the Service will be uninterrupted, error-free or fit for any particular purpose. Subject to applicable mandatory consumer law, and excluding liability for death or personal injury caused by negligence, fraud or willful misconduct (which is never excluded):
- We will not be liable for any indirect, consequential, special, exemplary or punitive damages, or for loss of profits, goodwill or data, even if we were advised of the possibility.
- Our aggregate liability to a business customer for any claim arising out of or relating to these Terms will not exceed the amount that customer paid us in the six (6) months preceding the event giving rise to the claim.
- Mandatory consumer-rights carve-out: Where you are a consumer and mandatory local law (including the Israeli Consumer Protection Law, Directive 93/13/EEC, the laws of your habitual residence in the EU/EEA, or analogous consumer-protection law) prohibits any of the limitations above, those limitations are replaced by the statutory minimum and the rest of this Section remains in force.
- You acknowledge that AI-generated imagery may contain inaccuracies; final review and fitness assessment for your commercial use is your sole responsibility.
14. Indemnification
If you use the Service as a business customer (not as a consumer), you will defend, indemnify and hold harmless the Company and its officers and employees, on first demand, from and against any claim, damage, loss or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your unlawful or unauthorised use of the Service; or (c) any third-party claim that your User Content or Output infringes their rights.
15. Changes to these Terms & Prices
We may update these Terms from time to time. Any material change (including a price change, a billing-mechanism change or a change to cancellation rights) will not take effect earlier than 30 days after we email notice to you. During that 30-day window you may cancel your subscription without penalty and without further charge. Continued use of the Service after the effective date, where the no-penalty exit window was made available, constitutes acceptance of the updated Terms.
16. Force Majeure
Neither party will be liable for non-performance or delay caused by circumstances beyond its reasonable control, including: internet-infrastructure failures, cyber attacks, failures at upstream infrastructure / AI / payment providers, acts of war, civil unrest, strikes, governmental action, pandemics or natural disasters. The affected party will give notice of the event and take reasonable steps to mitigate.
17. Dispute Resolution
Before commencing court proceedings, the parties will attempt to resolve any dispute in good faith through correspondence by email. Consumers resident in the EU/EEA may additionally submit a complaint via the European Commission’s Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odrpursuant to Regulation (EU) 524/2013. If no resolution is reached within 30 days, either party may proceed to court under Section 18 below.
18. Governing Law & Jurisdiction
These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Israel. The competent courts of Tel Aviv-Yafo have exclusive jurisdiction, without prejudice to mandatory consumer rights afforded to Israeli consumers under the Israeli Consumer Protection Law and to EU/EEA consumers under the law of their place of habitual residence, where such mandatory law applies.
19. Miscellaneous
- Definitions: “User” means any person using the Service, whether as a consumer or a business. “Consumer” has the meaning given in Section 1 of the Israeli Consumer Protection Law or, where applicable, in Article 2(1) of EU Directive 2011/83/EU.
- Severability: if any provision of these Terms is held unenforceable, the remainder remains in full force.
- Entire Agreement: these Terms, together with the Refunds & Cancellations policy, constitute the entire agreement between you and us regarding the Service and supersede all prior understandings.
- Notices: every notice to the Company should be sent to hello@gafferai.io.
- No Waiver: our failure to enforce any right is not a waiver of that right.
- Assignment: you may not assign your rights under these Terms without our prior written consent. We may assign our rights to a successor entity in a merger, acquisition or asset sale upon notice to you.
20. Contact
All correspondence regarding these Terms — including cancellation requests, complaints and questions:
hello@gafferai.io
Address: Tel Aviv, Israel.
Israeli Authorised Dealer No.: 322714833.