Terms of Service

Last updated: February 2025

1. Agreement and operator

These Terms of Service (“Terms”) govern your use of Temmely (“Service”), a portrait-generation service operated from Denmark. By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

The Service is provided by the operator of Temmely (referred to as “we”, “us”, or “our”). We may update these Terms from time to time; we will indicate the “Last updated” date and, where appropriate, notify you of material changes. Continued use after changes constitutes acceptance.

2. Description of the Service

Temmely lets you create AI-generated portraits. Use of the Service may require an account, the purchase of credits or packs (e.g. portrait packs), and compliance with these Terms. We reserve the right to modify, suspend, or discontinue the Service or any part of it with reasonable notice where practicable.

3. Account, credits and payments

You are responsible for keeping your account credentials secure and for all activity under your account. Credits or packs you purchase are for use within the Service in accordance with the offer at the time of purchase. Refunds are handled in line with applicable Danish and EU consumer law; otherwise, purchased credits are generally non-refundable once used. Prices and availability are as shown at the time of purchase.

4. Third-party AI (Fal)

Portrait generation and related AI features are powered by third-party AI models provided by fal – Features & Labels, Inc. (“Fal”) via their platform. By using our Service you also accept that:

  • Fal’s Terms of Service and Privacy Policy apply to the processing Fal performs for the Service.
  • We do not control Fal’s infrastructure, availability, or policies. Downtime, errors, or changes on Fal’s side can affect the Service.
  • We use only a limited set of Fal models for the features we offer; we are not responsible for Fal’s broader terms or practices beyond what we use.

5. AI outputs – no guarantee

AI-generated content (including portraits) may be inaccurate, inappropriate, or unsuitable. We do not guarantee that outputs will be correct, unique, free of third-party rights, or fit for any particular purpose. You use generated content at your own risk. You must not use the Service to generate content that infringes others’ rights (e.g. likeness, trademark) or that is illegal, and you are responsible for obtaining any necessary rights (e.g. consent from persons in source photos) before uploading or generating.

6. Acceptable use

You must use the Service lawfully and in line with these Terms. You may not use the Service to:

  • Infringe intellectual property, privacy, or other rights of others.
  • Generate or distribute illegal, defamatory, harassing, or harmful content.
  • Impersonate others or mislead about the origin of content.
  • Abuse, overload, or attempt to circumvent the Service’s security or access controls.

We may suspend or terminate access if we reasonably believe you have breached these Terms or applicable law.

7. Intellectual property

You keep ownership of content you submit (e.g. photos, prompts). You grant us the rights necessary to operate the Service (including sending content to Fal for processing). Subject to that and to third-party rights (including Fal’s), we do not claim ownership of the portraits you generate; your use of generated content must still comply with these Terms and applicable law.

8. Limitation of liability

To the extent permitted by Danish and EU law:

  • The Service is provided “as is”. We do not guarantee uninterrupted or error-free operation, and we are not liable for issues caused by third parties (including Fal, payment providers, or hosting providers).
  • We are not liable for indirect or consequential losses (e.g. lost profits, data, or goodwill) arising from your use of the Service or AI-generated content.
  • Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or 100 EUR, whichever is greater.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or where such limitation is not permitted under Danish or EU law (including mandatory consumer rights).

9. Complaints and disputes

If you are a consumer in the EU/EEA, you have the right to use the EU’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr. For disputes relating to Fal’s services, you must address Fal in accordance with their terms.

We aim to resolve complaints fairly and promptly. Please contact us (see Section 11) with a clear description of the issue. If we cannot resolve the matter, Danish law applies and the courts of Denmark have jurisdiction, without prejudice to your right as a consumer to bring proceedings in your country of residence where applicable.

10. General

If any part of these Terms is held invalid, the rest remains in effect. Our failure to enforce a provision does not waive that provision. You may not assign these Terms without our consent; we may assign them. These Terms (together with our Privacy Policy and any other referenced policies) constitute the entire agreement regarding the Service.

11. Contact

For questions about these Terms or the Service, please contact us at the email or address you use to operate Temmely (e.g. the contact details shown on the Temmely website or in the app).