These Terms and Conditions constitute a legally binding agreement between you (whether personally or on behalf of an entity) and Designtree AI LLC ("Fenestra," "we," "us," or "our"), concerning your access to and use of the https://fenestra.app website and related services (collectively, the "Platform").
We are registered in the United Arab Emirates with our registered office at Sharjah Media City, Sharjah, UAE.
By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use.
We may modify these Terms at any time. We will notify you by updating the "Last Updated" date above. Your continued use after changes constitutes acceptance of revised Terms.
The Platform is intended for users who are at least 18 years old. Persons under 18 are not permitted to use the Platform.
2. DESCRIPTION OF SERVICE
Fenestra is an AI-powered platform for generating and processing visual content for architecture and interior design professionals. Our Services include:
AI image generation from text prompts or reference images
Video generation and enhancement
3D model creation and manipulation
Image analysis and editing tools
Project management and asset organization
3. ACCOUNT REGISTRATION
3.1 Creating Your Account
To access the Platform, you must register by providing accurate information. You may currently register using Google authentication.
3.2 Your Responsibilities
You are responsible for:
Maintaining confidentiality of your login credentials
All activities under your account
Keeping your account information current and accurate
Notifying us immediately of any unauthorized access
Paid Subscriptions: Various tiers with increased credit allowances
Enterprise Plans: Custom features and dedicated support
4.2 How Credits Work
Free tier users receive 10 credits monthly
Credits refresh on a rolling monthly cycle rather than on a fixed calendar date: a scheduled job resets your balance once more than one month has passed since your credits were last refreshed
When credits refresh, your balance is reset to your plan's allowance rather than topped up, so any unused credits are replaced rather than added to
A paid subscription also refreshes as soon as a renewal payment succeeds. While a payment is outstanding (past due or unpaid), credits are not refreshed
Credits do not roll over to the next month
Unused credits expire at the end of your billing/subscription period
Credits are consumed when you generate content using AI features
4.3 Payment Methods
We accept:
Credit and debit cards (Visa, Mastercard)
PayPal
All payments are securely processed through Lemon Squeezy, our third-party payment processor. We do not store your complete payment card details on our servers.
4.4 Automatic Renewal
Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By providing payment information, you authorize us to charge your payment method for:
Initial subscription fees
Recurring subscription fees on each renewal date
Any applicable taxes
Additional credit purchases (if offered)
4.5 Price Changes
We may modify subscription pricing at any time. Changes to your subscription price will take effect at your next renewal date after we provide you with 30 days' notice.
Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date.
5.2 Refund Policy
General Policy:
Subscription fees are generally non-refundable. Credits consumed to generate content are non-refundable in all jurisdictions, as the service has been performed and delivered to you.
For United Kingdom and European Union Customers:
Under UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and EU Consumer Rights Directive 2011/83/EU, you have the right to cancel your subscription within 14 days of purchase.
By subscribing to Fenestra's paid services, you expressly request immediate access to our digital services. You acknowledge that once you use credits to generate content, those services have been fully performed and are non-refundable under UK and EU consumer protection law.
You may request a refund for any unused portion of your subscription if you cancel within 14 days of purchase. To request a refund, email shaun@fenestra.dev within 14 days of your purchase date.
For Customers in Other Jurisdictions:
Subscription fees are generally non-refundable. We may, at our sole discretion, consider refund requests on a case-by-case basis for exceptional circumstances. Contact shaun@fenestra.dev to request consideration.
5.3 Refund Processing
Approved refunds will be processed within 14 business days to your original payment method.
5.4 Disputed Charges
If you believe you were incorrectly charged, contact us within 30 days at shaun@fenestra.dev. We will investigate and resolve good-faith billing disputes promptly.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Platform Ownership
The Platform, including all source code, databases, functionality, software, designs, interfaces, logos, and trademarks, is owned by Designtree AI LLC or our licensors and is protected by copyright, trademark, and other intellectual property laws.
You receive a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose in accordance with these Terms.
6.2 Your Content - You Own It
Input Content (what you upload):
You retain full ownership of all images, videos, 3D files, text prompts, and other content you upload to the Platform ("Input Content").
Output Content (what AI generates for you):
Subject to payment of applicable fees, you own all AI-generated images, videos, and 3D models created by the Platform in response to your requests ("Output Content").
6.3 Limited License You Grant to Fenestra
By using the Platform, you grant us a limited, non-exclusive, worldwide license to:
Store your Input Content and Output Content on our servers
Process your content through third-party AI services solely to generate the outputs you request
Display your content back to you through the Platform interface
Maintain backup copies for security, technical operations, and disaster recovery
Cache content for performance optimization
This license is limited to what is necessary to provide the Services to you. It terminates when you delete content from your account, except for:
Technical backup copies (deleted typically within 90 days of your deletion request)
Content we are required to retain for legal compliance, tax obligations, or dispute resolution
6.3(a) For Free Tier Users
You retain full ownership of your Output Content. By using the Free Tier, you grant Fenestra a non-exclusive, worldwide, royalty-free license to:
Public Display Rights:
Display your Output Content in our public community gallery and showcase feeds
Feature your Output Content in marketing materials, social media posts, and promotional content
Share your Output Content on third-party platforms (Instagram, Twitter, LinkedIn, etc.) to promote Fenestra
Create compilations, thumbnails, or derivative works from your Output Content for promotional purposes
Technical Operations:
Store your Input Content and Output Content on our servers
Process your content through third-party AI services
Display your content back to you through the Platform
Maintain backup copies for disaster recovery
Cache content for performance
Your Opt-Out Rights:
You can opt-out of public display at any time by:
Toggling "Private Mode" in your account settings, OR
We'll remove your content from public galleries within 48 hours
Content already published in marketing materials or social media posts may remain (we can't delete what's already published to third-party platforms)
New content you generate will be private by default
Important: We do NOT publicly display your Input Content (your uploads or prompts) - only the AI-generated Output Content.
This license continues while you use the Free Tier. When you delete content or upgrade to a paid plan, the license terminates for that content, except for content already incorporated into published materials.
6.3(b) For Paid Tier Users
You retain full ownership of your Output Content. Your content is private by default and will NOT be displayed publicly or used in marketing materials.
By using a Paid Subscription, you grant Fenestra a limited license to:
Technical Operations Only:
Store your Input Content and Output Content on our servers
Process your content through third-party AI services
Display your content back to you through the Platform
Maintain backup copies for disaster recovery
Cache content for performance
Optional Public Display (Opt-In Only):
If you wish to showcase your work in our public gallery, you can opt-in by:
Enabling "Share to Gallery" for specific projects in your account settings, OR
Submitting work to featured showcases or community challenges
When you opt-in, you grant the same public display rights as Free Tier users for that specific content only. You can revoke this opt-in at any time.
6.4 What We Don't Do With Your Content
We do NOT:
Use your Input Content or Output Content to train our AI models
Use your content to train third-party AI models
Sell, license, or share your content with third parties for their purposes
Display your content publicly without your explicit permission
Use your content for our marketing materials (unless you explicitly agree in writing)
Your creative work is yours. We are simply providing the tools and infrastructure for you to create it.
6.5 Third-Party AI Processing
Our AI generation features are powered by third-party AI service providers including Modal Labs, Replicate (which hosts models from Black Forest Labs, Google, Qwen, ByteDance, and others), and Runway ML.
When you use AI generation features:
Your Input Content and prompts are transmitted to these providers
They process your request and return Output Content
Processing is done solely to generate the specific output you requested
These providers automatically delete your data after processing (typically 1 hour to 7 days)
These providers do not use your inputs to train their AI models when accessed through paid API services (which Fenestra uses)
The use of your data by these third-party providers is governed by their respective privacy policies and terms of service. We select providers who do not train on customer data when accessed via commercial API services.
6.6 Your Responsibilities for Content
You represent and warrant that:
You own all rights to your Input Content or have obtained all necessary permissions, licenses, releases, and consents
Your Input Content does not infringe any third-party intellectual property, privacy, publicity, or other rights
For content containing identifiable individuals, you have obtained necessary consents for their depiction and use
Your Input Content and use of Output Content complies with all applicable laws and regulations
You will not use the Platform to create content that violates these Terms
6.7 Prohibited Content
You may not upload, generate, or attempt to generate:
Sexually explicit content, nudity, pornography, or other adult content (NSFW)
Content depicting, exploiting, or endangering minors in any way
Non-consensual intimate imagery or manipulated images of real identifiable individuals (deepfakes) without explicit consent
Content that infringes copyright, trademark, patent, trade secret, or other intellectual property rights
Illegal, defamatory, obscene, or excessively violent content
Malware, viruses, or other harmful code
Content promoting hate speech, discrimination, harassment, or violence against individuals or groups
Content intended to deceive, defraud, or mislead others
Spam, phishing attempts, or other malicious content
6.8 Content Removal
We reserve the right to:
Remove any content that violates these Terms
Disable accounts that repeatedly violate content policies
Report illegal content to appropriate authorities
Preserve content as required for legal compliance or investigations
We have no obligation to monitor user content but may do so for safety, security, and compliance purposes.
7. ACCEPTABLE USE
7.1 Permitted Uses
The Platform is designed for:
Creating architectural visualizations, renderings, and conceptual designs
Generating interior design concepts, mood boards, and presentations
Producing marketing materials for architectural and design projects
Professional design workflows and client presentations
Commercial use of Output Content in your business or professional practice
Personal creative projects and experimentation
7.2 Prohibited Activities
You may not:
Use automated systems, bots, scrapers, or scripts to access the Platform without authorization
Reverse engineer, decompile, or attempt to extract our source code or proprietary algorithms
Resell, redistribute, or sublicense access to the Platform to third parties
Use the Platform to develop competing products or services
Bypass security features, rate limits, usage restrictions, or content filters
Upload malicious content, viruses, or attempt to compromise our systems
Impersonate others or misrepresent your identity or affiliation
Collect or harvest user information without authorization
Use the Platform for high-risk applications where failure could result in death, personal injury, or severe environmental damage, unless appropriate human oversight and verification processes are in place
Generate content intended to mislead, deceive, or defraud others
Violate any applicable laws, regulations, or third-party rights
Content related to NSFW.
7.3 Commercial Use of Output Content
You may use Output Content for commercial purposes including:
Client projects and presentations
Marketing and advertising materials
Portfolio inclusions
Sale or licensing to clients or customers
Publication in media or online platforms
No attribution to Fenestra is required, though we always appreciate recognition.
Important Note: Some AI models (such as Google Nano Banana) may include watermarks in generated content for content authentication. Review your outputs before using them for professional purposes where watermarks may not be appropriate
8. AI-GENERATED CONTENT DISCLAIMERS
8.1 Output Quality and Accuracy
AI-generated content is produced by machine learning models and may contain:
Visual artifacts, distortions, or rendering imperfections
Unintended elements, objects, or characteristics
Results that differ from your expectations or prompts
Occasional errors in architectural proportions, spatial relationships, or physical accuracy
Inconsistencies in style, lighting, or composition
You are solely responsible for reviewing, verifying, and validating all AI-generated content before using it for professional, commercial, or any other purposes.
8.2 No Professional Services or Advice
The Platform is a creative tool, not a professional service provider. Fenestra does not:
Provide architectural, engineering, or interior design professional services
Offer technical advice or recommendations
Verify compliance with building codes, safety regulations, or professional standards
Replace the need for licensed professionals in regulated activities
AI-generated content should not replace professional judgment, code compliance review, structural analysis, or other expert evaluation.
8.3 Content Filtering
Third-party AI providers employ automated systems to detect and prevent generation of prohibited content (such as illegal imagery, copyright violations, or harmful content). These filtering systems may occasionally:
Fail to block problematic content (false negatives)
Produce unexpected results or errors
If you believe content was incorrectly blocked, contact shaun@fenestra.dev for review.
9. CONTENT MONITORING AND ENFORCEMENT
9.1 Our Rights
We reserve the right, but have no obligation, to:
Monitor user activity and content for violations of these Terms
Remove or refuse to process content that violates these Terms
Suspend or terminate accounts for violations
Investigate suspected abuse, fraud, or illegal activity
Cooperate with law enforcement investigations
Preserve content as necessary for legal compliance, regulatory requirements, or dispute resolution
9.2 No Obligation to Monitor
We have no obligation to monitor user content, pre-screen content before it is generated, or actively police violations. User content is primarily monitored through automated systems provided by third-party AI services.
9.3 User Responsibility
You are solely responsible for your Input Content, Output Content, and how you use them. We are not liable for any damages arising from user content or its use.
10. THIRD-PARTY SERVICES
10.1 Integration with Third Parties
The Platform integrates with third-party services including:
Payment processing (Lemon Squeezy)
AI processing services (Modal Labs, Replicate, Runway ML, and various AI model providers)
Analytics services (Posthog, Data Fast)
Advertising services (Meta Pixel)
Authentication (Google sign-in, and one-time sign-in codes sent by email)
10.2 No Responsibility for Third Parties
We are not responsible for:
The availability, accuracy, or functionality of third-party services
Third-party privacy practices, data handling, or terms of service
Any damages, losses, or issues arising from your use of third-party services
Third-party service interruptions, errors, or failures
Your use of third-party services is subject to their respective terms and privacy policies. We encourage you to review them.
10.3 Links to External Sites
The Platform may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for any third-party content or services. Accessing third-party sites is at your own risk.
11. DISCLAIMERS
11.1 "As Is" Provision
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND.
11.2 What We Don't Guarantee
We do not guarantee or warrant:
Uninterrupted, timely, error-free, or secure operation of the Platform
Accuracy, reliability, quality, or suitability of AI-generated content
Achievement of any specific results or outcomes from using the Platform
Compatibility with all devices, browsers, or operating systems
Availability of any particular features, tools, or AI models
That the Platform will meet your specific requirements or expectations
11.3 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
WARRANTIES OF MERCHANTABILITY
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
WARRANTIES OF ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
WARRANTIES OF UNINTERRUPTED OR ERROR-FREE SERVICE
WARRANTIES OF SECURITY OR DATA PROTECTION
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, some of the above exclusions may not apply to you.
12. LIMITATION OF LIABILITY
12.1 Maximum Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO FENESTRA IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.2 Excluded Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR:
Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, sales, or business opportunities
Loss of data, content, or work product
Business interruption or downtime
Reputational harm or goodwill damage
Cost of substitute services or procurement
Any damages arising from reliance on AI-generated content
This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
12.3 Consumer Protection Savings Clause
Important for Consumers:
If you are a consumer in the United Kingdom, European Union, Australia, New Zealand, or other jurisdiction with mandatory consumer protection laws, your statutory rights are not affected by these Terms.
Nothing in these Terms excludes or limits our liability for:
Death or personal injury caused by our negligence or willful misconduct
Fraud or fraudulent misrepresentation
Any liability that cannot be lawfully excluded or limited under applicable consumer protection law
Where local consumer protection laws provide greater rights or protections than these Terms, those local laws shall prevail to the extent of any conflict.
12.4 Basis of the Bargain
You acknowledge that we have set our prices and entered into these Terms in reliance upon the limitations of liability set forth herein, which allocate risk between us and form the basis of our bargain.
13. INDEMNIFICATION
13.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Designtree AI LLC and its officers, directors, employees, contractors, and agents (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or relating to:
Your use or misuse of the Platform
Your Input Content or Output Content
Your violation of these Terms and Conditions
Your violation or infringement of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
Your violation of any applicable laws, regulations, or rules
Any false or misleading information you provide
Misuse of AI-generated content in professional applications without proper verification or review
Any claims that your content caused harm, injury, or damage to third parties
13.2 Defense and Settlement
Notwithstanding the foregoing, we reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims at your expense.
13.3 Notice
We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
The following sections survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution
14.4 Data After Termination
After account termination:
We will delete your personal data and content within 30 days of your deletion request or account closure
Backup copies will be purged typically within 90 days
We may retain certain information where required by law (such as transaction records for tax purposes, which may be retained for up to 7 years)
De-identified analytics data may be retained indefinitely
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of law provisions.
15.2 Mandatory Dispute Resolution Process
Step 1 - Informal Negotiations (Required First Step):
Before initiating arbitration or court proceedings, both you and Fenestra agree to attempt to resolve any dispute, claim, or controversy arising from or relating to these Terms through good-faith informal negotiations for at least 30 days.
To initiate informal negotiations, send written notice to shaun@fenestra.dev describing:
The nature of the dispute
The remedy you seek
Your contact information
We will respond within 15 days of receiving your notice.
Step 2 - Binding Arbitration:
If the dispute cannot be resolved through informal negotiations within 30 days, it shall be referred to and finally resolved by binding arbitration before the International Commercial Arbitration Court under the European Arbitration Chamber (Avenue Louise 146, Brussels, Belgium) in accordance with its Rules.
Arbitration Terms:
Number of arbitrators: One (1)
Seat of arbitration: Abu Dhabi, United Arab Emirates
Language of proceedings: English
Governing law: Substantive law of the United Arab Emirates
Each party bears its own costs unless the arbitrator determines otherwise
15.3 Exceptions to Arbitration
The following disputes are NOT subject to mandatory arbitration and may be brought in a court of competent jurisdiction:
Disputes seeking to enforce or protect intellectual property rights
Claims for injunctive or equitable relief
Allegations of theft, piracy, invasion of privacy, or unauthorized use
Small claims court actions within monetary limits
15.4 Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU AGREE THAT:
There is no right or authority for any dispute to be brought, heard, or arbitrated as a class action, collective action, or representative action
No arbitration or proceeding may be joined or consolidated with another
You may not act as a class representative, private attorney general, or participate in a class action against Fenestra
If this class action waiver is found to be unenforceable, the arbitration agreement in Section 15.2 shall be void.
15.5 Consumer Rights Preservation
If you are a consumer in a jurisdiction (including the United Kingdom, European Union, Australia, or certain US states) with mandatory dispute resolution rights that cannot be waived by agreement, nothing in this Section waives or limits those rights.
Consumers in such jurisdictions retain the right to:
Bring claims in local courts where mandated by consumer protection law
Seek remedies provided by mandatory consumer protection statutes
This Section should be interpreted in a manner consistent with applicable consumer protection laws.
16. GENERAL PROVISIONS
16.1 Entire Agreement
These Terms and Conditions, together with our Privacy Policy (incorporated by reference), constitute the entire agreement between you and Fenestra regarding the Platform and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
16.2 Severability
If any provision of these Terms is found by a court or arbitrator to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
16.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision shall be effective only if in writing and signed by an authorized representative of Fenestra.
16.4 Assignment
We may freely assign, transfer, or delegate our rights and obligations under these Terms to any third party without notice or your consent, including in connection with a merger, acquisition, reorganization, or sale of assets.
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be void.
16.5 Force Majeure
We shall not be liable for any delay, failure, or interruption in providing the Services resulting from causes beyond our reasonable control, including but not limited to:
Acts of God (earthquakes, floods, severe weather)
War, terrorism, riots, civil unrest, or acts of government authorities
Fire, explosion, or natural disasters
Labor disputes or strikes
Telecommunications, internet, or network failures
Cyber attacks, hacking attempts, or malware
Failures of third-party service providers (cloud infrastructure, AI processors, payment processors)
Power outages or equipment failures
16.6 No Agency Relationship
No agency, partnership, joint venture, employment, or franchise relationship is created between you and Fenestra by these Terms or your use of the Platform.
16.7 Electronic Communications
You consent to receive communications from us electronically, including via email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
16.8 Language
These Terms are prepared in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or ambiguity.
17. MODIFICATIONS TO PLATFORM
We reserve the right to:
Modify, update, suspend, or discontinue any aspect of the Platform at any time, with or without notice
Change features, functionality, user interface, or available AI models
Modify credit pricing, subscription features, or usage limits
Impose new usage restrictions or rate limits
Perform scheduled or emergency maintenance that may cause temporary unavailability
Remove or deprecate features that are underutilized or technically unsustainable
We will attempt to provide advance notice of material changes affecting paid features, but are not obligated to do so. We have no liability for any modifications, suspensions, or discontinuations of the Platform.
18. FEEDBACK AND SUBMISSIONS
18.1 Voluntary Submissions
Any feedback, suggestions, ideas, comments, improvements, or other information you provide about the Platform ("Feedback") is voluntary and non-confidential.
18.2 Our Rights to Use Feedback
By providing Feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, transferable license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose, including:
Improving the Platform and developing new features
Marketing and promotional purposes
Creating documentation or training materials
18.3 No Compensation
You acknowledge that you will not receive any compensation, attribution, or consideration for any Feedback you provide.
19. CONTACT INFORMATION
For questions, concerns, or notices regarding these Terms: