Fresko Terms and Conditions

Effective date: 13 September 2026 · Last updated: 13 September 2026

1. Who we are and what these Terms cover

These Terms and Conditions ("Terms") are a legal agreement between you and FRESKO AI LTD, a company registered in England and Wales (company number 17324246), registered office at 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom ("Fresko", "we", "us").

They govern your use of the Fresko websites, the application at app.fresko.ai, and all related features (together, the "Service"). These Terms take effect when you accept them at account creation or, if earlier, when you first use the Service after having been given the opportunity to review them; they incorporate our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organisation, you confirm you have authority to bind it, and "you" means that organisation.

2. Definitions

• "Your Content" — anything you provide to the Service: your website URL, social media handles, briefs, onboarding answers, uploaded documents and images, edits and instructions.
• "Collected Content" — publicly available content the Service gathers at your direction, e.g. from your website and public social profiles, and from other public accounts for analysis and inspiration.
• "Generated Content" — text, images, strategies, plans and other output the Service produces for you using artificial intelligence.

3. The Service

Fresko analyses your business's public presence, builds a marketing profile ("Business DNA"), and generates social media strategies, campaigns, copy and visuals.

Features that we label as beta, preview or early access may change or be withdrawn without notice.

4. Business use only; eligibility

The Service is offered solely for business purposes. By using it you warrant that: you are acting in the course of a trade, business, craft or profession, and not as a consumer; you are at least 18 years old; and the information you provide about your business is accurate.

Some businesses cannot use the Service at all, whatever their size — see Section 9.1.

Consumer protection rights that apply only to consumers (including cancellation "cooling-off" rights for distance contracts) do not apply to business users. If you use the Service as a consumer despite this Section, nothing in these Terms limits rights you have under law that cannot be excluded.

5. Accounts, invite codes and security

You must keep your login credentials confidential and notify us promptly of any unauthorised use. You are responsible for activity under your account. Invite codes are personal to the invitee and may not be sold or publicly distributed; we may revoke codes or accounts obtained in breach of this Section. We may decline registrations at our discretion.

6. Your Content and the rights you give us

You retain all rights in Your Content. You grant Fresko a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, analyse, modify and process Your Content and Collected Content for the purposes of operating, providing, securing and improving the Service, including sending it to the AI providers listed in our Privacy Policy to generate output for you.

You warrant that:

1. you own or control, or are authorised to act for, the website and social media accounts you submit as your business's own;
2. you have all rights needed in the content you upload (including in any images of people and any third-party material), and that our processing of it as described will not infringe anyone's rights or any law;
3. Your Content does not contain material that is unlawful, defamatory, or that you are under a duty to keep confidential.

We do not claim ownership of Your Content and will not use it to promote other customers without your permission.

We may also produce aggregated, anonymised analyses and benchmarks from use of the Service (for example, which content formats perform best in an industry). These never identify you, your business or any individual.

7. Collected Content and third-party platforms

At your direction, the Service gathers publicly available information from websites and social media platforms. You acknowledge that: Collected Content originates from third parties and platforms we do not control, and we do not verify its accuracy; platforms may change or restrict access at any time, which may limit features; you must comply with the terms of any platform on which you publish Generated Content (e.g. Instagram's terms and advertising policies); and inspiration and competitor analysis features are provided for analysis only — see Section 8 on your responsibilities when using output inspired by third-party content.

Connected accounts and publishing. Where the Service lets you connect social media accounts (e.g. Instagram, Facebook, LinkedIn, X), you authorise Fresko to access those accounts and to publish, schedule and manage content on your behalf, strictly per your instructions in the Service. You confirm you are entitled to grant that access, remain responsible for everything published to your accounts through Fresko (Section 8.3 applies to published Generated Content), and can revoke the connection at any time in settings or via the platform. The platforms' own terms govern your accounts; we are not responsible for platform-side actions such as rate limits, rejected posts, or account restrictions. We may collect performance data for content published through Fresko (views, engagement and similar metrics) to report results to you and improve the Service.

8. Generated Content — ownership, disclaimers, and YOUR responsibility

8.1 Ownership

As between you and Fresko, we assign to you — with effect from generation or, for content generated during evaluation, from activation of a paid plan — all our right, title and interest in Generated Content created for your account, to the extent we hold any. You may use it for any lawful business purpose.

Content generated under free, preview or trial access is provided for on-screen evaluation only: it may be watermarked, and you may not download, copy, reproduce, publish or otherwise use it unless and until you activate a paid plan. The assignment above takes effect, for content generated during evaluation, upon activation.

Note that content generated by AI may have limited or no copyright protection in some jurisdictions, and similar or identical output may be independently generated for other users; we cannot and do not promise exclusivity.

8.2 Nature of AI output — no guarantees

Generated Content is produced by artificial intelligence and is provided "as is". We do not warrant that it is accurate, complete, original, free of third-party rights, compliant with any law or advertising code, or suitable for any particular purpose. AI output can contain errors, fabrications, or material resembling existing works. Generated Content is a draft for your review, not professional advice (legal, medical, financial or otherwise).

8.3 Your sole responsibility for use

You are solely responsible for reviewing, editing, approving and using Generated Content. Before publishing or otherwise using it, you must satisfy yourself that your use:

1. complies with all applicable laws and regulations, including advertising and consumer protection law (in the UK: CAP/BCAP Codes and ASA rules), sector-specific rules (e.g. for health, financial, food, alcohol or gambling claims), comparative advertising rules and unfair commercial practice rules;
2. does not infringe any third party's intellectual property, privacy, image/personality or other rights — including where output was inspired by competitor or third-party content;
3. is not false, deceptive, defamatory, or misleading about your products, prices or competitors;
4. complies with the content policies and terms of every platform where you publish it;
5. is appropriately disclosed as AI-generated where the law or a platform requires it.

Fresko is a tool provider. We accept no responsibility or liability for how you use Generated Content or for the consequences of publishing it.

8.4 Enforcement — suspension, removal and termination

If we become aware, or reasonably believe, that you are using the Service or Generated Content unlawfully, in breach of Section 8.3 or Section 9, or in a way that exposes Fresko or others to harm or legal risk, we may, with or without notice: remove or disable the content concerned; suspend or restrict your access to some or all of the Service; terminate your account immediately and delete your data in accordance with Section 15; and report the matter to authorities where we consider it appropriate or are required to.

Removal under this Section ends our hosting of, and your access to, the content within the Service; it does not affect ownership already assigned to you, but nothing in these Terms licenses any use of content that breaches Section 8.3 or 9. We will act proportionately and, where reasonable, give you a chance to remedy the issue first — but we are not obliged to where the breach is serious, unlawful or repeated.

9. Acceptable use and prohibited content

9.1 Businesses we cannot serve

We do not vet every account before it is created: sign-up is self-serve and we rely on what you tell us. By using the Service you confirm your business is not in the first list below, and that it meets the conditions in the second. If we discover otherwise at any point, we may end your access immediately under Section 8.4 and the forfeiture rule in Section 10 applies. Not having noticed sooner does not waive our right to act.

Not permitted at all:

• adult or sexual content, services or products, including pornography, nudity-based subscription platforms, escort or companionship arrangements, strip clubs and sex work of any kind;
• any business that is unlawful where it operates;
• organisations that promote hate, violence or discrimination against people or groups;
• multi-level marketing, pyramid and matrix schemes, "get rich quick" and business-opportunity offers;
• counterfeit, replica or unauthorised branded goods, and services that facilitate piracy;
• weapons, ammunition, explosives, and parts, kits or instructions for making them;
• investment, lending, crypto-asset or foreign-exchange offerings made without the authorisation your jurisdiction requires, and debt-relief, credit-repair or credit-rebuilding services;
• unapproved pharmaceuticals and "miracle cure" products making unauthorised medical claims;
• any business appearing on the prohibited business list published by our payment provider from time to time.

Permitted, but conditional. You may use the Service in the categories below provided your business is lawful and properly licensed where it operates, and you follow the advertising rules that apply to your sector — including the platform advertising policies that restrict most of them:

• tobacco, e-cigarettes, vapes and e-liquid;
• cannabis-derived products such as CBD and hemp, where lawful;
• gambling, betting, lotteries and sweepstakes;
• alcohol;
• pharmacy, supplements and other regulated health products.

We may decline or end service in these categories at our discretion, and will do so where a platform, our payment provider or the law requires it.

9.2 Content that is never permitted

This applies to everything that passes through the Service — what you type, upload, prompt, generate, edit, download, schedule or publish:

1. Sexual content. Pornographic or sexually explicit material, nudity, and sexualised depictions of any person.
2. Children — zero tolerance. Any sexual or sexualised depiction of a minor, whether real or synthetic, and any content that exploits or endangers children. We terminate immediately and without notice, preserve the evidence, and report to law enforcement and the relevant child-protection authority. No refund is due.
3. Real people. Images, video or audio of an identifiable person created or used without their consent — including synthetic likenesses, face or voice cloning, "deepfakes", and depictions of public figures, celebrities, or other businesses' staff or customers. Intimate imagery of any person without their documented consent is prohibited absolutely.
4. Intellectual property. Generating or reproducing characters, artwork, photographs, film or television imagery, music, logos, trade dress or trademarks you do not own or hold a licence for; prompting the Service to imitate a named artist, photographer, studio or brand so as to reproduce their protected work; and any use intended to pass content off as someone else's.
5. Illegal and harmful. Content that is unlawful, or that promotes or gives instructions for terrorism, extremism, violence, self-harm, human trafficking, drugs, weapons manufacture, hacking or fraud; and content that harasses, threatens or incites hatred against people or groups.
6. Deception. Fake reviews, testimonials, endorsements, certifications, awards, statistics or news; impersonating a person, business or public body; phishing and scams; and misleading claims about price, availability, health or financial outcomes.
7. Circumvention. Prompts, uploads or techniques designed to defeat our safeguards or those of our AI providers, including jailbreaks, obfuscated instructions, and splitting a prohibited request across several steps.

9.3 Prompts, uploads and reference material

You are responsible for everything you put into the Service, including your prompts and every image, document or reference you upload. You must not upload material showing identifiable people without their consent, and never material showing minors in any sexual or sexualised context.

Reference material is permitted: you may upload third-party images as inspiration or reference. You warrant that doing so, and using what the Service produces from it, is lawful where you operate, and you indemnify us under Section 18 if it is not. We do not verify who owns what you upload.

9.4 Technical and commercial misuse

You must not, and must not attempt to: submit websites or social accounts you have no authority over, or misrepresent your identity or affiliation; use the Service to collect data about private individuals, to spam, or to run coordinated inauthentic behaviour on any platform; reverse engineer, scrape, or programmatically access the Service other than through interfaces we provide; resell or provide the Service to third parties as a bureau service without our written agreement; circumvent usage limits, invite gating or security measures; probe or test vulnerabilities except with written permission; introduce malware or interfere with the Service's operation; use the Service to develop a competing product, or use output to train a competing AI model.

9.5 How we enforce this

We may, but are not obliged to, review, screen or filter material in the Service — by automated means, by a person, or both — to check compliance with this Section. Our AI providers apply their own safety filters, and generated images may carry markings identifying them as AI-generated. None of this makes us responsible for reviewing your content: under Section 8.3 what you publish remains your responsibility.

Breach of this Section is grounds for the measures in Section 8.4 and for forfeiture of fees under Section 10. For 9.2(2) the response is immediate and unconditional.

Reporting a problem. If you believe content produced or published through Fresko infringes your rights or breaches this Section, email legal@fresko.ai with the content concerned, where you encountered it, the right you hold and how to reach you. We review promptly, remove or disable content where the complaint is well-founded, and terminate the accounts of repeat infringers.

10. Fees and payment

Free access: any free tier, trial or invite-based access is a revocable privilege, may be limited (e.g. usage caps), and may be changed or withdrawn.

Paid plans:

• Prices, plan limits and billing periods are shown at purchase.
• Deferred start. Some plans may start with a deferred first charge: the charge date is shown at checkout. Before that date, the plan activates — and the first charge is taken — only when you take an affirmative generation action after an on-screen notice stating that proceeding starts your paid subscription; automatic or system-initiated processing does not activate the plan. If you cancel before the charge date and before activating, you are not charged.
• If you purchase a paid plan, payments are processed through Stripe Managed Payments, with Link acting as merchant of record. The applicable Stripe and Link payment terms and privacy policies apply. Where Stripe Managed Payments covers the sale for tax compliance, it calculates, collects and remits applicable VAT and other transaction taxes. We never see or store your full card details. "Fees" in these Terms means all amounts paid for the Service, whether paid to us directly or through Stripe Managed Payments; references to fees paid to us include amounts paid through Stripe Managed Payments for your subscription.
• Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel any time, effective at the end of the current billing period; no credits are given for partial periods, unused allowances or downgrades.
• Prices exclude VAT and applicable taxes, which will be added at checkout where due.
• We may change prices with at least 30 days' notice; changes apply from your next renewal. If you don't accept a change, cancel before it takes effect.
• If a payment fails we may suspend the Service after reasonable notice until payment is made.
• Any free trial converts to a paid subscription at the end of the trial unless cancelled beforehand, where this is clearly stated at sign-up.

Refunds — usage-based. Refund eligibility is determined by how much you used the Service, not by satisfaction with it. Dissatisfaction with the quality, style, performance or business results of Generated Content is not a ground for a refund (see Section 8 — output is provided "as is" for your review).

You may claim a refund of a subscription charge only if both of the following are true:

1. you claim within 14 days of the date of that charge (30 days for an annual-plan charge), by emailing legal@fresko.ai from your account email; and
2. fewer than 15 Generated Posts were produced in your account in the billing period covered by that charge.

A "Generated Post" is each post the Service generates for you, counted the same way posts are counted against your plan allowance — including regenerated and alternative versions, and posts generated before you activated a paid plan.

How we verify. Eligibility is assessed solely against our server-side records for the relevant billing period: post-generation events, campaign and content records, sign-in history, and download, export and publishing logs. These system records are presumed accurate for refund decisions; if you dispute them, we will provide you with an extract of the post-generation records for the relevant billing period, and the records prevail unless you show they are materially wrong. We will confirm our decision within 14 days of your claim; approved refunds are returned through Stripe Managed Payments to the original payment method. An approved refund ends your subscription and access immediately, and the licence and assignment under Section 8.1 are treated as not having taken effect for Generated Content produced in the refunded period — you must not further use that content. We retain the billing and usage records needed for verification even if you delete your account.

One usage-based refund per customer. Claims from accounts operated to exploit this policy (for example repeated subscribe-and-refund cycles, or spreading usage across accounts) are excluded. Nothing in this Section limits rights you have under law that cannot be excluded, and Section 15 (refunds where we terminate without cause) is unaffected.

Forfeiture on misuse. Fees paid for the current billing period are forfeited, no refund of them is due, and any pending refund claim is void, where we suspend or terminate your account under Section 8.4 or where we reasonably determine — based on our system records, content review or third-party reports, and supported by evidence — that you have done, or attempted, any of the following:

1. probing, breaching or testing the security of the Service or its infrastructure, or accessing another customer's account or data;
2. reverse engineering, scraping, or automated or programmatic use of the Service outside the interfaces we provide;
3. circumventing usage limits, plan entitlements, invite gating, this refund policy or any other technical or commercial safeguard — including through multiple accounts, false information or payment disputes;
4. sharing, reselling or transferring account access, or using the Service as a bureau service without our written agreement;
5. using the Service to generate content that is unlawful, or to promote, advertise or facilitate unlawful products, services or activity — including fraud, scams, counterfeit goods, unlicensed regulated services, or content infringing third-party rights.

If our determination is later shown to have been wrong, we will reinstate your access or refund the forfeited fees, as you choose.

If you raise a payment dispute or chargeback instead of contacting us first, we may suspend the Service while it is investigated, and we will provide the payment provider with our records evidencing the validity of the charge.

11. Fresko's intellectual property; feedback

The Service, including its software, models, prompts, workflows, designs, branding and know-how, is owned by Fresko or its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during your subscription. No other rights are granted. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or compensation.

12. Privacy and data protection

Our Privacy Policy explains how we handle personal data as controller. Where Your Content includes personal data about your staff, customers or other third parties, you are the controller and we process it as your processor under the Data Processing Annex below, which forms part of these Terms. You warrant that you have a lawful basis to share such personal data with us. If these Terms and the Data Processing Annex conflict on data-protection matters, the Annex prevails.

13. Third-party services

The Service depends on third-party platforms, AI model providers and infrastructure. We are not responsible for third-party services, their availability, or their terms. Features that rely on third parties may change or be withdrawn if a third party changes or withdraws access.

14. Availability; changes to the Service

We aim for high availability but do not guarantee the Service will be uninterrupted or error-free. We may modify the Service, add or remove features, or impose reasonable usage limits. If we make a change that materially reduces the Service's core functionality on a paid plan, you may cancel with effect from the end of your current billing period.

15. Term, suspension and termination

These Terms apply from your first use of the Service until your account is closed. You may close your account at any time in the app (Settings → Delete account) or by emailing legal@fresko.ai. We may terminate for convenience on 30 days' notice, and may suspend or terminate immediately under Section 8.4, for material breach of these Terms, for unlawful use, where required by law, or for non-payment.

Effect of termination: your licence to use the Service ends. Your data is deleted in line with our Privacy Policy (30-day window; earlier on request). Generated Content already delivered to you remains yours under Section 8.1 (Section 8.4 explains the position for content removed for misuse). Sections 8.2, 8.3, 9, 11, 16, 17, 18 and 20 survive termination.

If we terminate a paid plan for convenience (not for breach), we will refund prepaid fees for the unused period. If we terminate for your breach, no refund is due.

16. Warranties and disclaimers

We warrant that the Service will be provided with reasonable care and skill. Subject to that, the Service and all Generated Content are provided "as is" and "as available", and to the maximum extent permitted by law we exclude all other implied warranties, conditions and terms, including satisfactory quality, fitness for a particular purpose and non-infringement. We do not warrant any particular marketing outcome, engagement, reach or revenue from using the Service.

17. Liability

Nothing in these Terms limits or excludes liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded under the law of England and Wales.

Subject to that:

1. We are not liable for: loss of profits, revenue, business, goodwill, anticipated savings, or data (other than caused by our breach of the Data Processing Annex); indirect or consequential loss; losses arising from your use of, or reliance on, Generated Content, or its publication anywhere; losses arising from Collected Content or third-party platforms; regulatory fines or claims arising from your marketing — except, in each case, to the extent the loss results from our breach of these Terms, our negligence, or our failure to follow your instructions in the Service, in which case the caps below apply.
2. Cap: our total aggregate liability to you in any 12-month period is limited to the greater of (a) the fees you paid us in that period and (b) £100.
3. Where the Service is provided to you free of charge, our total aggregate liability is limited to £100.

You acknowledge these limits are reasonable given the Service's nature and price, and that they are reflected in the price.

18. Your indemnity

You will indemnify and hold Fresko harmless against claims, damages, fines, costs and expenses (including reasonable legal fees) arising from: (a) your use or publication of Generated Content; (b) Your Content or your instruction to collect Collected Content, including any claim that it infringes rights or breaches law; (c) your breach of Sections 4, 6, 8.3, 9 or 12; or (d) your violation of any platform's terms. This indemnity does not apply to the extent a claim results from our breach of these Terms, our negligence, or infringement in Generated Content that reasonable review by you could not have revealed. We will give you prompt notice of any such claim, allow you sole conduct of the defence and settlement (we will not settle in a way that admits your fault without your consent), and cooperate reasonably at your cost.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-app notice. Continued use after the effective date constitutes acceptance. If a material change adversely affects you and you object within the notice period, the change will not apply to you until your next renewal — or you may cancel, in which case we will refund prepaid fees for the unused period pro rata.

20. General

Entire agreement: these Terms and the documents referenced in them are the entire agreement between us regarding the Service and supersede prior discussions. Neither party relies on any statement not set out here (but nothing excludes liability for fraud). Assignment: you may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or asset sale. Severance: if any provision is found unenforceable, the rest remains in force. No waiver: failing to enforce a right is not a waiver of it. Third parties: no one other than you and Fresko has rights under these Terms (Contracts (Rights of Third Parties) Act 1999 excluded). Claims period: except where the law does not allow it to be shortened, any claim arising out of or in connection with these Terms must be brought within 12 months of the date the claimant became aware, or ought reasonably to have become aware, of the grounds for the claim. Force majeure: neither party is liable for delay or failure caused by events beyond its reasonable control (excluding your payment obligations). Notices: to you — the email on your account; to us — legal@fresko.ai.

21. Governing law and jurisdiction

These Terms, and any dispute or claim arising out of them (including non-contractual disputes), are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that we may seek injunctive relief in any competent court to protect our intellectual property or confidential information.

Data Processing Annex (Article 28 UK/EU GDPR)

This Annex applies where Fresko processes personal data contained in Your Content on your behalf (you as controller, Fresko as processor), as described in Section 12.

Subject matter and duration: processing of personal data within Your Content to provide the Service, for the duration of these Terms plus the deletion window below. Nature and purpose: hosting, storage, analysis and AI-assisted content generation as described in the Terms and Privacy Policy. Categories of data subjects: your staff, customers, suppliers and other individuals appearing in Your Content or on your website and social profiles. Categories of personal data: names, job titles, contact details, images, testimonials and other personal data contained in Your Content. No special category data should be submitted.

Fresko's obligations. Fresko will:

1. process such personal data only on your documented instructions (these Terms and your use of the Service constitute those instructions), unless required by law, in which case we will inform you unless prohibited;
2. ensure persons authorised to process the data are bound by confidentiality;
3. implement appropriate technical and organisational measures (see Privacy Policy, "Security");
4. engage sub-processors only under a written contract imposing equivalent obligations. You give general authorisation to the sub-processors listed in the Privacy Policy; we will update that list before adding or replacing sub-processors, and you may object on reasonable data-protection grounds within 14 days, in which case either party may terminate the affected service;
5. taking into account the nature of the processing, assist you with data subject requests and with your obligations under Articles 32–36;
6. notify you without undue delay after becoming aware of a personal data breach affecting your data;
7. at your choice, delete or return the personal data at the end of the Service (deletion occurs within 30 days of account closure), unless law requires retention;
8. make available information reasonably necessary to demonstrate compliance with this Annex and allow audits (at your cost, on reasonable notice, no more than annually, and by way of written responses or third-party certifications where sufficient).

International transfers: as described in the Privacy Policy (UK IDTA/Addendum, EU SCCs, UK–US Data Privacy Framework extension where applicable).

Fresko AI Ltd · 71–75 Shelton Street, Covent Garden, London WC2H 9JQ, UK · legal@fresko.ai