Terms & Conditions

1. About My Food Studio

My Food Studio is an AI-powered food photography service that processes images submitted by users and returns enhanced, studio-quality versions using artificial intelligence. The service is designed for food-service businesses (cafés, restaurants, caterers, food brands) operating in Australia.

These Terms & Conditions govern your access to and use of the My Food Studio website and platform (the “Service”). References to “we”, “us”, or “our” mean My Food Studio.

2. Eligibility

To use the Service you must:

• Be at least 18 years of age
• Be operating or representing a legitimate food-service business in Australia
• Have the legal capacity to enter into a binding contract under Australian law
• Not be prohibited from using the Service under any applicable law

By registering, you represent and warrant that all of the above conditions are met. If you are registering on behalf of a business entity, you confirm that you have authority to bind that entity to these terms.

3. Your account

You are responsible for:

• Providing accurate and complete registration information
• Keeping your password confidential and not sharing account credentials
• All activity that occurs under your account
• Notifying us immediately if you suspect unauthorised access to your account

You may not create accounts for others without their knowledge, create multiple accounts to circumvent restrictions, or use false identity information. We reserve the right to suspend accounts where information is found to be inaccurate or misleading.

4. The Service

My Food Studio uses third-party AI models to transform your food photographs. The Service includes:

• AI-powered image enhancement (background replacement, lighting, styling)
• A private image library to store your generated photos
• A credit-based usage system

The Service is provided on an “as is” and “as available” basis. We do not guarantee that outputs will meet your specific creative expectations, as AI-generated results can vary. We may update, modify, or discontinue features of the Service at any time with reasonable notice.

5. Credits and payments

How credits work

• Credits are the currency used within My Food Studio to pay for image generations
• New accounts receive a starting bonus of 10 free credits
• Credits can be purchased in advance via the Credits page
• Generation costs: 5 cr (1K), 7 cr (2K), 10 cr (4K); Re-generation costs: 3 cr (1K), 5 cr (2K), 8 cr (4K)

Pricing and discounts

• Standard rate: $1.00 AUD per credit
• 100–199 credits: 10% discount ($0.90/credit)
• 200–350 credits: 15% discount ($0.85/credit)
• 351+ credits: no discount applies

Refunds

Credits are generally non-refundable once purchased. However, nothing in these terms limits your rights under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). If the Service fails to operate as described due to a major failure on our part, you may be entitled to a refund of unused credits under the statutory consumer guarantees.

Requests for refunds on grounds other than statutory consumer guarantees will be assessed at our discretion and are not guaranteed.

Expiry

Purchased credits do not expire while your account remains active. Credits will be forfeited if your account is terminated for a breach of these terms.

6. What you can do

7. What you cannot do — detailed

Prohibited content

You must not upload or submit any images or content that:

• You do not own or do not have a licence to use
• Depicts minors in any inappropriate context
• Contains defamatory, harassing, threatening, or hateful material
• Infringes the intellectual property, privacy, or other rights of any person
• Constitutes spam or unsolicited commercial communication
• Violates the Criminal Code Act 1995 (Cth) or any state criminal law

Prohibited conduct

You must not:

• Attempt to gain unauthorised access to any part of the Service or any other user's data
• Introduce viruses, trojans, worms, or any other malicious code
• Use automated tools to generate excessive API requests that overload our infrastructure
• Use the Service in a manner that could damage our reputation or the reputation of third parties
• Misrepresent the source of AI-generated images in a way that would mislead consumers under the Australian Consumer Law
• Circumvent or tamper with the credit system, billing, or any financial mechanisms

8. Your content and intellectual property

Your uploaded images

You retain all ownership rights in the original food photographs you upload. By uploading images, you grant My Food Studio a limited, non-exclusive, royalty-free licence to process those images solely for the purpose of delivering the Service to you. We do not claim ownership of your original photographs.

Generated images

AI-generated output images created from your uploads are made available to you for commercial use in your business. You own the generated images you produce, subject to any limitations that arise from the nature of AI-generated content (see Section 9).

My Food Studio IP

The My Food Studio platform, software, design, branding, and all non-user content are the intellectual property of My Food Studio and are protected under Australian copyright and trade mark law. You may not copy, reproduce, or adapt any part of the platform without our written consent.

9. AI-generated outputs

My Food Studio uses third-party AI models to generate images. You acknowledge and accept that:

• AI outputs are generated programmatically and may not always match your expectations
• We cannot guarantee specific stylistic outcomes, colour accuracy, or that generated images will be suitable for every intended use
• Credits are consumed upon processing; if you are unsatisfied with a result, you may use additional credits to regenerate with different settings
• We are not liable for any decision you make based on AI-generated images
• You are responsible for reviewing generated images before using them in consumer-facing materials to ensure they comply with the Australian Consumer Law

In particular, you must ensure that any AI-enhanced food images used in advertising or menus do not misrepresent the actual product you serve in a manner that would breach sections 18 or 29 of the Australian Consumer Law.

10. Privacy

Your privacy is important to us. Our collection, use, and handling of your personal information is governed by our Privacy Policy, which forms part of these Terms & Conditions. By using the Service, you consent to the practices described in the Privacy Policy.

11. Consumer guarantees (Australian Consumer Law)

Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled to:

• Cancel your subscription to the Service and receive a refund for any unused credits; or
• Get the failure fixed and any resulting damages compensated

For minor failures, we are entitled to fix the problem within a reasonable time. If we fail to do so, you may be entitled to a remedy.

To the extent permitted by law, we limit our liability for services to either re-supplying the service or paying the cost of re-supplying the service.

12. Limitation of liability

Subject to the Australian Consumer Law and other non-excludable laws:

• We provide the Service “as is” without warranty of any kind, express or implied
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Our total liability to you for any claim arising from these terms or your use of the Service is limited to the total amount of credits you purchased in the three months preceding the claim
• We are not liable for loss of business, loss of profits, loss of data, or business interruption caused by downtime, service unavailability, or AI output quality

Nothing in these terms is intended to exclude, restrict, or modify any rights you have under the Australian Consumer Law that cannot be excluded by contract.

13. Suspension and termination

Termination by you

You may close your account at any time by contacting us. Upon closure, your data will be handled in accordance with our Privacy Policy. Unused credits are generally not refunded on voluntary account closure unless required by the Australian Consumer Law.

Suspension or termination by us

We may suspend or terminate your account immediately and without notice if:

• You breach any provision of these terms
• We reasonably believe your account is being used for fraudulent or illegal purposes
• You engage in abuse, harassment, or threatening behaviour toward us or other users
• Continued provision of the Service to you creates legal or security risks

We may also suspend or terminate the Service for all users with 30 days' notice if we decide to cease operations. In that case, we will provide a refund of unused credits proportional to the notice period.

14. Changes to these terms

We may update these Terms & Conditions from time to time. We will notify you of material changes via email or by displaying a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the updated terms. If you do not agree to the updated terms, you must stop using the Service and may close your account.

15. Governing law and disputes

These terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with these terms or the Service.

Before commencing legal proceedings, you agree to contact us in good faith to attempt to resolve the dispute within 30 days. If the dispute cannot be resolved directly, either party may refer it to mediation through the Australian Disputes Centre (ADC) before proceeding to litigation.

Nothing in this clause limits your right to seek urgent injunctive relief or to refer complaints to the Australian Competition and Consumer Commission (ACCC) or a relevant state consumer protection body.

16. Contact

For questions about these Terms & Conditions, or to exercise any rights described herein, please contact us: