Terms of Service

Effective Date: September 8, 2026
Last Updated: September 8, 2026

These Terms of Service ("Terms") govern your access to and use of Foneo AI, including the website at https://foneoai.com/, Foneo desktop and mobile applications, AI-powered image-processing features, and related services (collectively, the "Services").

The Services are operated by Halley Trade and Service Co., Ltd. ("Foneo", "Foneo AI", "we", "us", or "our").

By creating an account, purchasing a plan, or otherwise accessing or using the Services, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, please do not use the Services.

1. About Foneo

Foneo is an AI-powered photo editing and image-processing platform designed to help users perform photo editing, enhancement, generative image processing, retouching, lighting adjustments, background editing, face-related editing, and other creative operations.

The Services may include cloud-based AI processing, applications, software, tools, templates, presets, APIs, website features, and other functionality that we may introduce or modify from time to time.

Certain components of Foneo may incorporate third-party or open-source software that is subject to separate license terms. Where required, applicable third-party licenses will govern those components.

2. Eligibility and Accounts

2.1 Eligibility

You must be legally capable of entering into these Terms under the laws applicable to you.

Foneo is not specifically directed to children.

If you are below the age at which you may legally consent to the use of online services or the processing of personal data in your jurisdiction, you may use Foneo only with the involvement and authorization of a parent or legal guardian where required by applicable law.

2.2 Account Registration

Certain features require a Foneo account.

When creating an account, you agree to provide accurate and complete information and to keep your account information reasonably up to date.

You may create an account using an email address and password or through supported third-party authentication services such as Google Sign-In or Sign in with Apple.

You are responsible for maintaining the confidentiality and security of your account credentials.

You must promptly notify us if you believe your account has been compromised or used without authorization.

2.3 Account Use

Unless otherwise permitted by the applicable plan, an account is intended for use by the registered user and may not be sold, transferred, rented, sublicensed, or shared in a manner intended to circumvent account, device, usage, or licensing restrictions.

Foneo may use a Foneo-generated Device ID and other reasonable technical measures for account security, licensing, fraud prevention, device management, and abuse prevention.

You may not create multiple accounts or otherwise manipulate the Services for the primary purpose of repeatedly obtaining free credits, trial benefits, promotional benefits, or other resources in a manner inconsistent with their intended use.

3. Account Deletion

You may delete your Foneo account using the Delete Account function provided within Foneo.

Account deletion permanently removes your account rather than merely deactivating it.

When you request account deletion, Foneo will initiate deletion of the personal data, processing history, and other information associated with your account. Deletion from Foneo's active systems will normally be completed within a maximum of approximately 24 hours.

Any images still temporarily stored in connection with your account will also be removed as part of the account-deletion process.

Limited information may be retained where required by applicable law or reasonably necessary for purposes such as accounting, taxation, fraud prevention, security, dispute resolution, or compliance with legal obligations.

For more information regarding account and data deletion, please review our Privacy Policy.

4. Plans, Credits, and Service Limits

Foneo may provide free and paid plans, credits, usage allowances, promotional benefits, or other forms of access to the Services.

The features, usage limits, processing priority, number of credits, validity period, expiration period, and other characteristics of a plan will be displayed on the website, application, checkout page, or other relevant purchase interface.

Different plans may include different limits or levels of service.

Credits, promotional benefits, free processing allowances, and similar resources:

• have no cash value unless expressly stated otherwise;
• may not be resold or transferred unless Foneo expressly permits it;
• may be subject to expiration or validity periods disclosed at the time they are issued or purchased;
• may not be obtained or used through fraudulent, automated, deceptive, or abusive means.

Foneo may reasonably modify free-plan limits, promotional benefits, or non-paid service allowances from time to time.

Material changes affecting an already purchased paid entitlement will be handled in accordance with applicable law and the terms presented at the time of purchase.

5. Payments

Paid Services may be processed through third-party payment providers, including PayPal and SePay, or other payment methods made available by Foneo.

The applicable payment provider may impose its own terms and privacy practices.

Foneo does not store complete payment card numbers, bank account credentials, PayPal passwords, or similar payment credentials.

You agree to provide accurate billing and transaction information and authorize the applicable payment provider to process charges associated with your purchase.

Prices, taxes, fees, currencies, billing periods, and other applicable payment information will be presented before purchase where applicable.

6. Refunds and Cancellations

Except where otherwise stated at the time of purchase, payments for Foneo Services, plans, or credits are generally non-refundable once the applicable digital service, credits, or processing resources have been provided or used.

However, nothing in these Terms limits any refund, cancellation, withdrawal, or other consumer right that cannot legally be excluded under the laws applicable to you.

If you experience a billing error, duplicate payment, failure to receive purchased credits or Services, or a significant technical problem attributable to Foneo, please contact [email protected] so that we can review the issue.

Where a recurring plan is offered, you may cancel future renewal through the method provided for that plan. Cancellation normally prevents the next renewal but does not automatically create a refund for an already paid billing period unless required by applicable law or otherwise stated.

Purchases made through third-party platforms may also be subject to the refund and cancellation rules of those platforms.

7. Your Content

7.1 Inputs and Outputs

When using Foneo, you may provide images, reference images, text, prompts, masks, selections, settings, or other material ("Inputs").

Foneo may generate, modify, or return images or other results based on those Inputs ("Outputs").

Inputs and Outputs are collectively referred to as "Content."

7.2 Ownership of Your Content

Foneo does not claim ownership of your Content.

As between you and Foneo, you retain your rights in the Inputs you provide.

To the extent permitted by applicable law, Foneo assigns to you any rights it may have in Outputs generated specifically for you through your use of the Services.

Because AI systems may generate similar or identical results for different users, Foneo does not guarantee that an Output will be unique or that you will obtain exclusive intellectual property rights in any Output.

7.3 Limited License Required to Provide the Services

By submitting Content to Foneo, you grant Foneo a limited, non-exclusive, worldwide license to host, transmit, reproduce, modify, and process that Content only to the extent reasonably necessary to provide, secure, maintain, and troubleshoot the Services you request.

This license does not give Foneo the right to use your photos for unrelated advertising, marketing, public display, stock photography, resale, or other independent commercial purposes.

The license ends when the Content is deleted from our systems, except where temporary retention is required by law or reasonably necessary to resolve a specific security, legal, or support matter.

7.4 No AI Training Using Your Photos

Foneo does not use your uploaded photos, reference images, or processed images to train Foneo's AI models.

Your image Content is processed for the purpose of performing the editing or AI-processing operation that you request.

Foneo does not sell your photos to third parties or provide your photos to advertisers.

8. Temporary Image Processing and Storage

Foneo processes images using cloud infrastructure.

Uploaded photos and processed results may temporarily remain on Foneo's servers for purposes such as image processing, result delivery, temporary retrieval, troubleshooting of automated processing, and service operation.

Under normal use, uploaded and processed images are automatically and permanently deleted from Foneo's storage systems within approximately 48 hours.

Foneo does not provide permanent storage or backup of user photographs.

You are responsible for downloading and maintaining your own copies of any original or processed images that you wish to retain.

You should not rely on Foneo as your sole copy or backup of any important file.

9. Processing History

Foneo may retain limited processing history associated with your account, such as prompts, selected templates, processing parameters, timestamps, or similar metadata.

This allows you to review or reuse previous processing settings.

Processing history does not mean that the associated original or processed images are permanently stored.

Processing history remains available until deleted by you, deleted through available functionality, or removed as part of account deletion.

10. Privacy and Access to Images

Foneo is designed so that employees do not ordinarily view images processed by users.

Foneo personnel may view an image if you intentionally attach or submit that image as part of a customer support request, error report, or similar communication requiring manual investigation.

Such images will be used only as reasonably necessary to diagnose or resolve the relevant issue and will be retained only for as long as reasonably necessary for that purpose.

For further information about how Foneo processes personal information and images, please review our Privacy Policy.

11. Facial and Person-Related Processing

Certain Foneo features may temporarily analyze facial characteristics, landmarks, pose information, or other technical characteristics of a person shown in an image in order to perform the operation requested by the user.

Such information is used only as necessary for the relevant processing operation and is deleted after processing.

Foneo does not use this information to identify individuals, authenticate identity, track individuals across unrelated services, or create a permanent facial-recognition database.

You are responsible for ensuring that your use of face-related or person-related features complies with applicable law and respects the privacy, publicity, personality, intellectual property, and other legal rights of the people depicted.

12. Your Responsibility for Content

You represent and warrant that you have the rights, permissions, licenses, or other lawful basis necessary to submit and process the Content you provide to Foneo.

You are responsible for your use of Inputs and Outputs.

You must not use the Services in a manner that infringes or violates copyrights, trademarks, privacy rights, publicity rights, personality rights, contractual rights, or other rights of third parties.

The fact that Foneo technically allows an image to be processed does not mean that Foneo confirms that your use of the image is lawful or authorized.

13. Prohibited Uses

You may not use Foneo to create, upload, process, facilitate, or distribute content or activity that:

• violates applicable law;
• infringes the intellectual property or other legal rights of another person;
• contains child sexual abuse material or sexually exploits, sexualizes, abuses, or endangers a person under 18;
• creates or distributes non-consensual intimate imagery;
• depicts or facilitates sexual violence, coercion, exploitation, or abuse;
• impersonates another person for fraud, deception, identity theft, or other unlawful purposes;
• is intended to defraud, extort, threaten, harass, or unlawfully harm another person;
• facilitates malware, unauthorized access, cybercrime, or attacks against systems or networks;
• attempts to bypass Foneo's safety, security, payment, licensing, account, or usage controls;
• attempts to gain unauthorized access to Foneo infrastructure, accounts, models, or systems;
• uses automated methods to access or consume the Services in a manner not expressly authorized by Foneo;
• is otherwise prohibited by these Terms or policies made available through the Services.

The presence of a person under 18 in an ordinary, lawful photograph is not by itself prohibited.

For example, lawful family photographs, children's portraits, school photographs, newborn photography, and other ordinary non-sexual images may be processed provided that the user has the necessary rights or permissions and the use complies with applicable law.

14. NSFW and Harmful Content

Foneo may use automated systems or other technical measures to identify and block certain categories of NSFW, sexually explicit, abusive, harmful, or unlawful content.

These systems may not identify every violation and may occasionally block lawful content incorrectly.

The fact that Foneo's systems process, fail to detect, or fail to block particular Content does not constitute Foneo's endorsement, approval, determination of legality, or assumption of responsibility for that Content.

Foneo reserves the right to refuse processing, restrict functionality, remove Content from temporary systems, suspend an account, or terminate access where we reasonably believe the Services are being used in violation of these Terms or applicable law.

Where required by applicable law, Foneo may preserve or disclose relevant information to competent authorities.

15. AI-Generated Results

Artificial intelligence systems are probabilistic and may produce unexpected, inaccurate, incomplete, distorted, offensive, or unsuitable results.

Outputs may not accurately represent reality.

You are responsible for reviewing Outputs before relying on, publishing, distributing, selling, or otherwise using them.

Foneo does not guarantee that:

• an Output will be accurate;
• an Output will be unique;
• an Output will be free from similarity to existing material;
• an Output will qualify for copyright or other intellectual property protection;
• an Output will be appropriate for a particular professional, legal, commercial, or personal purpose.

You should use reasonable professional judgment when using AI-generated or AI-modified material.

16. Commercial Use

Subject to these Terms and applicable law, you may generally use Outputs created through Foneo for personal or commercial purposes.

This permission does not give you rights in third-party material that you did not otherwise possess.

For example, if an Input contains another person's copyrighted work, trademark, likeness, confidential information, or other protected material, processing it through Foneo does not automatically give you the legal right to commercially exploit that material.

You remain responsible for determining whether your intended use is lawful.

17. Intellectual Property Rights of Foneo

Except for user Content and third-party materials, Foneo and its licensors own all rights, title, and interest in the Services, including Foneo's software, website, application interfaces, branding, trademarks, logos, designs, documentation, technology, service architecture, and other proprietary materials.

Nothing in these Terms transfers ownership of the Services or Foneo intellectual property to you.

Unless permitted by applicable law or expressly authorized by Foneo, you may not:

• copy, reproduce, sell, sublicense, or redistribute Foneo software or proprietary materials;
• reverse engineer, decompile, disassemble, or attempt to derive non-public source code, models, algorithms, or proprietary components;
• remove or alter proprietary notices;
• use Foneo trademarks, logos, or branding in a manner likely to cause confusion regarding sponsorship or affiliation;
• use the Services primarily to develop or benchmark a directly competing service through unauthorized automated extraction or systematic copying.

Nothing in this section restricts rights that cannot legally be restricted under applicable law or rights granted by applicable open-source licenses.

18. Copyright Complaints and Takedown Requests

Foneo respects intellectual property rights.

If you believe Content processed through or associated with Foneo infringes copyright or another intellectual property right, you may submit a complaint to:

Email: [email protected]
Subject: Copyright Takedown Request

Please provide sufficient information for us to evaluate the request, including:

1. identification of the copyrighted work or other protected material;
2. identification of the allegedly infringing material;
3. information reasonably sufficient for us to locate or identify the material;
4. your name and contact information;
5. an explanation of why you believe the use is unauthorized;
6. a statement that the information you provide is accurate and submitted in good faith; and
7. if acting for another person or organization, information confirming your authority to act on their behalf.

We may request additional information where reasonably necessary.

Where appropriate, we may restrict access to relevant material, investigate repeated infringement, or terminate accounts that repeatedly or seriously violate intellectual property rights.

This section is intended as a general copyright complaint process and does not represent that Foneo has obtained or qualifies for any particular statutory safe-harbor status in every jurisdiction.

19. Service Availability

We continuously develop and improve Foneo.

The Services may change over time, including available AI models, algorithms, templates, features, interfaces, supported operating systems, infrastructure, processing times, usage limits, and other functionality.

Foneo does not guarantee uninterrupted or error-free operation.

Temporary interruptions may occur because of maintenance, technical problems, internet or cloud infrastructure failures, software updates, security incidents, unusually high demand, third-party service failures, or circumstances outside our reasonable control.

We will make reasonable efforts to maintain the Services but do not guarantee any specific uptime unless expressly agreed in a separate written agreement.

20. Changes to Features and Services

We may add, change, replace, suspend, or discontinue features where reasonably necessary for technical, security, legal, operational, or product-development reasons.

Where a material change significantly affects a paid Service that you have already purchased, we will handle the change in accordance with applicable law and the terms applicable to that purchase.

We may change or discontinue free features and promotional benefits without creating an entitlement to compensation.

21. Suspension and Termination

We may restrict, suspend, or terminate access to the Services if we reasonably believe that:

• you materially violate these Terms;
• your account is involved in fraud, abuse, unauthorized access, or unlawful activity;
• your activity creates a material security or operational risk;
• payment is fraudulent or successfully reversed after Services have been provided;
• your use could expose Foneo, another user, or a third party to legal liability;
• suspension or termination is required by law or a competent authority.

Where appropriate and reasonably possible, we may provide notice or an opportunity to correct a violation before termination.

However, immediate action may be taken in serious cases involving security threats, fraud, unlawful activity, child exploitation, or substantial harm.

You may stop using the Services at any time and may delete your account as described in these Terms.

22. Third-Party Services

Certain aspects of Foneo rely on third-party providers or services, including payment, authentication, analytics, email delivery, networking, infrastructure, and other technical services.

Third-party services may be governed by separate terms and privacy policies.

Foneo is not responsible for third-party services that are outside our reasonable control, although we take reasonable measures when selecting and integrating providers used to operate our Services.

23. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Foneo makes no warranties, express or implied, regarding uninterrupted availability, error-free operation, fitness for a particular purpose, merchantability, non-infringement, or the accuracy or suitability of AI-generated results, except where such warranties cannot legally be excluded.

Foneo does not guarantee that the Services will meet every user's professional requirements or that every image-processing result will be satisfactory.

Nothing in these Terms excludes or limits statutory guarantees, warranties, or consumer rights that cannot legally be excluded or limited.

24. Limitation of Liability

To the maximum extent permitted by applicable law, Foneo and Halley Trade and Service Co., Ltd. will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, or expected savings arising from or relating to the Services.

You are responsible for maintaining independent copies of important photographs and files. Foneo is not intended to operate as a permanent backup service.

To the maximum extent permitted by applicable law, Foneo's aggregate liability arising out of or relating to the Services will not exceed the amount you paid directly to Foneo for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.

If you have not paid Foneo for the relevant Services, Foneo's aggregate liability will be limited to USD 100, or the equivalent in local currency, to the extent such limitation is permitted by applicable law.

These limitations do not apply where liability cannot legally be excluded or limited, including any rights available to consumers under mandatory applicable law.

25. Indemnification

To the extent permitted by applicable law, if your unlawful use of the Services, violation of these Terms, or infringement of another person's rights causes a third-party claim against Foneo, you agree to be responsible for losses, damages, liabilities, and reasonable costs directly resulting from that claim.

This obligation applies only to the extent that the claim arises from your acts or omissions and does not apply to the extent the claim results from Foneo's own unlawful conduct, negligence, or breach of these Terms.

Foneo will provide reasonable notice of a covered claim where practicable and will not seek duplicate recovery for the same loss.

26. Feedback

We welcome suggestions, ideas, feature requests, bug reports, and other feedback regarding Foneo.

If you voluntarily provide feedback, you grant Foneo permission to use that feedback to develop, improve, and promote the Services without an obligation to compensate you.

This provision applies to the feedback itself and does not grant Foneo rights to use your photographs or other user Content for marketing or advertising.

27. Privacy

Our collection and processing of personal data are governed by the Foneo Privacy Policy.

The Privacy Policy explains, among other things, how Foneo processes account information, temporary image data, facial-analysis data, processing history, device information, payments, international data transfers, and account deletion.

If there is a conflict between these Terms and the Privacy Policy regarding how personal data is handled, the Privacy Policy will govern the handling of personal data.

28. Changes to These Terms

We may update these Terms from time to time to reflect changes in the Services, applicable laws, security requirements, business operations, or our policies.

When we make material changes, we will update the "Last Updated" date and may provide additional notice through the website, application, email, or another reasonable method.

Changes will apply prospectively from the effective date of the updated Terms unless applicable law requires otherwise.

Where applicable law requires your consent to a material change, we will request that consent.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

29. Governing Law

These Terms and your use of Foneo are governed by the laws of Vietnam, without regard to conflict-of-law principles, except to the extent mandatory consumer protection or other applicable law in your jurisdiction provides you with rights that cannot be waived.

Nothing in these Terms deprives a consumer of mandatory protections provided by the laws applicable to that consumer.

30. Disputes

If you have a dispute relating to Foneo, we encourage you to contact us first at [email protected] so that we can attempt to resolve the matter informally.

If a dispute cannot be resolved informally, it may be submitted to a court of competent jurisdiction in accordance with applicable law.

Where legally permitted and where no mandatory consumer jurisdiction applies, disputes arising directly from these Terms or the Services will be subject to the competent courts of Ho Chi Minh City, Vietnam.

31. Severability

If any provision of these Terms is determined by a court or other competent authority to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will continue in effect.

32. No Waiver

If Foneo does not immediately enforce a provision of these Terms, that does not mean that Foneo has waived the right to enforce it later.

A waiver of any provision is effective only if made expressly by Foneo.

33. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly presented for a particular Service or purchase, constitute the agreement between you and Foneo regarding your use of the Services.

If specific terms presented for a particular paid product conflict with these general Terms, the specific terms will control for that product to the extent of the conflict.

34. Contact

If you have questions about these Terms, please contact:

Halley Trade and Service Co., Ltd.

Business Registration No./Tax Code: 0315059335
Issued on: May 22, 2018
Issuing Authority: Ho Chi Minh City Department of Planning and Investment
Address: 121/4 Truong Chinh, Dong Hung Thuan Ward, Ho Chi Minh City, Vietnam
Email: [email protected]
Phone: +84 81 9900 003