Terms of Service

Last updated: July 26, 2026

1. Acceptance of Terms

By accessing or using Lay Flatly ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

Lay Flatly is an AI-powered fashion photography platform that allows users to create professional product images including model shots, clothing swaps, editorial scenes, flat lays, ghost mannequin shots, jewelry and accessory photography, window displays, and 360° spin animations using artificial intelligence technology.

3. User Accounts

To use certain features of the Service, you must create an account. You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and complete information during registration
  • Notifying us immediately of any unauthorized use of your account

4. Credits and Billing

The Service operates on a credit-based system. Credits are used for AI generations and other premium features.

  • Credits are non-refundable except as required by law
  • Unused monthly subscription credits do not roll over between billing cycles.
  • Purchased top-up credits are separate from monthly subscription credits. Top-up credits have a standard 12-month expiry, but remain usable while your subscription is valid. If your subscription ends after a top-up credit pack has reached its expiry date, any remaining expired top-up credits may no longer be available.
  • Subscription fees are billed in advance on a recurring basis
  • You may cancel your subscription at any time; access continues until the end of the billing period

5. Acceptable Use

You agree not to use the Service to:

  • Generate content that infringes on intellectual property rights
  • Create illegal, harmful, or offensive content
  • Attempt to reverse engineer or exploit the AI models
  • Share your account credentials with others
  • Use automated systems to access the Service without permission
  • Violate any applicable laws or regulations

6. Content Ownership

Your Content: You retain ownership of images you upload to the Service.

Generated Content: Images generated using the Service are owned by you, subject to the following conditions:

  • Generated images may be used for commercial purposes
  • You are responsible for ensuring your use complies with applicable laws
  • We retain the right to use anonymized, aggregated data to improve our services

7. AI-Generated Content Disclosure

In keeping with Federal Trade Commission (FTC) guidance on artificial intelligence and deceptive advertising, you acknowledge and agree to the following:

  • Synthetic imagery: Images produced by the Service are generated or substantially altered by artificial intelligence. Models, garments, settings, and other elements may be wholly or partially synthetic and may not depict real people, products, or events.
  • No real-person endorsement: AI-generated models do not represent real individuals and must not be presented as actual customers, testimonials, or endorsers. You may not use generated content to imply that a real person has used, owns, or endorses a product when they have not.
  • Your disclosure obligations: You are solely responsible for clearly and conspicuously disclosing the use of AI-generated or AI-altered imagery to your own customers and audiences where required by law, platform policy, or to avoid deceiving consumers (including, but not limited to, accurate depiction of products being sold).
  • Accuracy and substantiation: You are responsible for ensuring that any marketing or product claims accompanying generated images are truthful, not misleading, and substantiated, and that generated images do not materially misrepresent the products or services offered.
  • Prohibited deceptive use: You may not use the Service to create deepfakes, impersonate real people, fabricate endorsements, or otherwise produce content intended to deceive in violation of the FTC Act or other applicable consumer-protection laws.

Lay Flatly provides image-generation tools only and is not responsible for how you disclose, market, or distribute the content you create. Compliance with FTC rules and all other applicable advertising and disclosure laws is your responsibility.

8. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. We do not guarantee that:

  • The Service will be uninterrupted or error-free
  • Generated content will meet your specific requirements
  • Results will be suitable for any particular purpose

10. Limitation of Liability

To the maximum extent permitted by law, Lay Flatly shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.

To the maximum extent permitted by law, Lay Flatly's total cumulative liability to you for all claims arising from or relating to the Service, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total amount you paid to Lay Flatly in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Lay Flatly, Inc. and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of the Service
  • Your violation of these Terms
  • Content you upload, create, or generate through the Service
  • Your violation of any third party's rights, including intellectual property, privacy, or publicity rights
  • Your violation of any applicable law or regulation, including the AI-Generated Content Disclosure obligations in Section 7

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim.

12. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Agreement to Arbitrate

You and Lay Flatly agree that any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of Lay Flatly, any content created, uploaded, edited, generated, downloaded, shared, or purchased through Lay Flatly, or any communications between you and Lay Flatly, will be resolved through final and binding arbitration, rather than in court, except as described below.

This arbitration agreement applies to all claims whether based in contract, tort, statute, fraud, misrepresentation, consumer protection law, privacy law, or any other legal theory. This agreement to arbitrate is governed by the Federal Arbitration Act (FAA).

Informal Dispute Resolution First

Before starting arbitration, you agree to first contact us and try to resolve the dispute informally. You must send a written notice describing your claim, the relief you seek, and your contact information to:

Lay Flatly Legal Notice
Email: kenwood@layflatly.com
Mailing Address: Lay Flatly, Inc.

We will try to resolve the dispute with you in good faith. If the dispute is not resolved within 30 days after we receive your notice, either party may begin arbitration.

Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, unless another arbitration provider is mutually agreed upon by the parties. If AAA is unavailable or unwilling to administer the arbitration, the parties will mutually select another recognized arbitration provider, such as JAMS.

The arbitration will be conducted by a single neutral arbitrator. The arbitrator will have the authority to decide all issues relating to the dispute, including the enforceability, interpretation, and scope of this arbitration agreement, except that a court will decide any issues relating to the class action waiver below.

Location and Format

Unless otherwise required by law, the arbitration may be conducted by phone, video conference, written submissions, or in person in the county where you reside. For claims involving smaller amounts, the arbitration may be handled through written submissions only if allowed by the applicable arbitration rules.

Small Claims Court Exception

Either you or Lay Flatly may bring an individual claim in small claims court if the claim qualifies and remains in small claims court. This arbitration agreement does not prevent either party from seeking relief in small claims court on an individual basis.

Injunctive Relief and Intellectual Property Claims

Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property rights, confidential information, security, platform integrity, or to prevent unauthorized use, misuse, or abuse of Lay Flatly.

Arbitration Fees

Payment of arbitration fees will be governed by the rules of the arbitration provider. To the extent required by applicable law or the applicable arbitration rules, Lay Flatly will pay or reimburse arbitration fees that you would not otherwise be required to pay if the claim were brought in court.

No Class Actions

You and Lay Flatly agree that each party may bring claims against the other only on an individual basis and not as a plaintiff, class member, or representative in any class, collective, consolidated, private attorney general, or representative action.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that individual party's claim. The arbitrator may not combine more than one person's claims and may not preside over any class, collective, consolidated, private attorney general, or representative proceeding.

Jury Trial Waiver

To the fullest extent permitted by law, you and Lay Flatly knowingly and voluntarily waive any right to a trial by jury for any dispute covered by this arbitration agreement.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days after you first accept these Terms. To opt out, you must send written notice to kenwood@layflatly.com with your full name, the email address associated with your Lay Flatly account, and a clear statement that you wish to opt out of the arbitration agreement.

Opting out of arbitration will not affect any other part of these Terms or your ability to use Lay Flatly.

Severability

If any part of this arbitration agreement is found to be unenforceable, the unenforceable part will be severed and the remaining portions will remain in effect. However, if the class action waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief must be brought in court and not in arbitration.

Survival

This arbitration agreement will survive the termination of your account, your discontinuation of use of Lay Flatly, and any termination or expiration of these Terms.

Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of California, without regard to its conflict-of-law principles, except that the FAA governs the interpretation and enforcement of the arbitration agreement.

13. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of significant changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified terms.

14. Contact Us

If you have questions about these Terms of Service, please contact us at:

Email: kenwood@layflatly.com
Address: Lay Flatly, Inc.