FATMACHINES – TERMS OF USE

Effective Date: 6 March 2026

We are FatMachines, a company incorporated under the laws of India (“FatMachines”, “FM”, “We”, or “Us”). We develop and publish mobile applications and games, available via app stores such as the Apple App Store and Google Play Store.

By downloading, installing, or using any FatMachines product (each a “Product” or “Service”), you agree to be bound by these Terms of Use (“Agreement”) and our Privacy Policy. If you do not agree, you must not use the Service.

1. About

Each time you download a Product, a new Agreement is formed. This Agreement and our Privacy Policy govern your use of all FatMachines Products and are available at www.fatmachines.com.

Application stores and platforms may also apply their own terms to your relationship with them.

You represent that you are 16 years of age or older. If you are under 18, your parent or legal guardian must have reviewed this Agreement and consented to your use of the Product. FatMachines may request proof of identity, age, or parental consent at any time.

You represent that you are using FatMachines Products solely as a private individual. Any commercial use of any Product or its outputs is strictly prohibited.

2. End-User License Agreement

2.1 License

Subject to the terms of this Agreement, FatMachines grants you a limited, non-transferable, non-exclusive, revocable license to download, install, and use each Product on a device you own or control, solely for your personal, non-commercial use (the “License”).

2.2 Certain Restrictions

The rights granted to you are subject to the following restrictions. You shall not:

  • license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Product or its outputs;
  • modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse-compile, or reverse-engineer any part of any Product, except as expressly permitted by applicable law;
  • use any Product to build a similar or competitive product or service;
  • copy, reproduce, distribute, republish, download, display, post, or transmit any part of any Product or its outputs in any form except as permitted herein;
  • remove or destroy any copyright notices or proprietary markings contained in any Product;
  • use automated scripts, bots, scrapers, or any automated means to access or interact with any Product;
  • use any Product or its AI-generated outputs for any commercial purpose, including for client work, resale, or monetised content creation.

Any future features, updates, or in-app purchases for any Product are subject to this Agreement unless otherwise stated.

2.3 AI-Generated Outputs

Some FatMachines Products use artificial intelligence to generate or enhance content. All outputs (“AI Outputs”) generated through any Product are licensed to you for personal, non-commercial use only, subject to this Agreement. FatMachines makes no warranties regarding the accuracy, quality, or fitness of AI Outputs for any particular purpose.

2.4 Local Laws

You are solely responsible for compliance with all applicable local, national, and international laws, including export and import regulations.

2.5 Modification

FatMachines reserves the right to modify, suspend, or discontinue any Product or any part thereof at any time, with or without notice. FatMachines shall not be liable to you or any third party for such modification, suspension, or discontinuance.

2.6 Ownership

All Products are licensed to you, not sold. FatMachines (and its licensors) retain all right, title, and interest in and to all Products, including all intellectual property rights. This Agreement does not convey any ownership rights to you. The FatMachines name, logo, and all Product names are the property of FatMachines (or its licensors), and no right or license to use them is granted by implication or otherwise.

2.7 Ads

When you start or stop a Product, advertisements may be displayed. During use, banner ads, rewarded videos, and/or interstitial ads may appear.

3. Fair Use Policy and Rate Limiting

3.1 Fair Use Obligations

FatMachines Products are offered for personal, non-commercial use. To ensure a fair and high-quality experience for all users, you agree to use any Product in a reasonable and non-abusive manner. You must not:

  • generate an excessive volume of AI Outputs within a short period of time (“Bulk Generation”);
  • use automated tools, scripts, bots, or third-party applications to interact with or send requests to any Product;
  • use any Product on behalf of third parties, businesses, or in a manner consistent with commercial production;
  • circumvent or attempt to circumvent any usage limits, rate limits, or access controls implemented by FatMachines;
  • use any Product in any manner that places an unreasonable or disproportionate load on FatMachines’ infrastructure or adversely affects the experience of other users.

3.2 Rate Limiting

FatMachines reserves the right, at its sole discretion and at any time, to impose limits on the number of AI generation requests you may make within a given time period (“Rate Limits”). Rate Limits may be applied on a per-user, per-device, or per-account basis, and may vary depending on usage patterns, subscription tier, or other factors.

If you reach an applicable Rate Limit, you may be temporarily restricted from making further requests until the limit resets. FatMachines is under no obligation to notify you in advance of the application of Rate Limits.

3.3 Monitoring and Detection

FatMachines may monitor usage of its Products to detect abusive behaviour, including Bulk Generation, automated access, and commercial use. By using any Product, you consent to such monitoring for the purpose of enforcing this Agreement and maintaining service quality.

3.4 Suspension and Termination for Abuse

In addition to any rights set out in Section 4, FatMachines reserves the right to, at its sole discretion and without prior notice:

  • temporarily or permanently suspend your access to any Product or any feature thereof;
  • apply throttling or reduced service quality to your account;
  • permanently terminate your account and this Agreement;
  • disable your ability to create a new account,

if FatMachines reasonably believes you have violated this Section 3 or any other provision of this Agreement, including but not limited to engaging in Bulk Generation, commercial use, or automated access.

FatMachines shall not be liable to you for any losses arising from the application of Rate Limits or suspension of access pursuant to this Section.

4. User Content

4.1 User Content

“User Content” means any content you upload, submit, or otherwise provide through any FatMachines Product. You are solely responsible for your User Content, including any photographs, images, or other materials you submit for processing. You represent and warrant that:

  • you own or have the necessary rights to submit the User Content;
  • your User Content does not violate the rights of any third party, including intellectual property rights and privacy rights;
  • your User Content does not include images of individuals without their consent, or of minors without verifiable parental consent;
  • your User Content complies with the Acceptable Use Policy set out in Section 4.4.

FatMachines is not obligated to back up User Content, and it may be deleted at any time.

4.2 License

By submitting User Content, you grant FatMachines a non-exclusive, royalty-free, worldwide, irrevocable licence to use, reproduce, process, and otherwise handle your User Content solely to the extent necessary to provide the Service to you.

4.3 Feedback

If you provide feedback or suggestions to FatMachines, you assign all rights in such feedback to FatMachines. FatMachines may use feedback in any manner it deems appropriate without any obligation of confidentiality.

4.4 Acceptable Use Policy

You agree not to use any Product to upload, submit, or process any User Content that:

  • infringes any third-party intellectual property, privacy, or other rights;
  • is defamatory, false, misleading, abusive, threatening, harmful, obscene, or offensive;
  • contains nudity, pornography, or graphic violence;
  • promotes violence, discrimination, hatred, or harm to any person or group;
  • is harmful to minors;
  • constitutes spam, unsolicited advertising, or chain communications;
  • violates any applicable law, regulation, or contractual obligation.

You also agree not to use any Product to:

  • upload or distribute malware, viruses, or malicious code;
  • collect data from other users without consent;
  • interfere with or disrupt FatMachines’ servers, networks, or infrastructure;
  • attempt to gain unauthorised access to any part of any Product or its systems.

4.5 Enforcement

FatMachines reserves the right (but has no obligation) to review, remove, or modify User Content at any time, at its sole discretion, with or without notice.

5. Term and Termination

5.1  This Agreement runs for an indefinite term.

5.2  Either party may terminate this Agreement on 14 days’ written or electronic notice.

5.3  You may also terminate immediately by deleting the relevant Product from your device.

5.4  FatMachines may suspend your access or terminate this Agreement immediately and without notice if it reasonably believes you are in material breach of this Agreement, including breach of Sections 2, 3, or 4.4.

5.5  FatMachines may also suspend or terminate your access (a) at its sole discretion for any reason; (b) if required by law; (c) if it determines in good faith that you have violated any provision of this Agreement. FatMachines reserves the right to permanently terminate this Agreement with any user who repeatedly infringes the intellectual property rights of third parties.

5.6  Upon termination, your right to use the relevant Product ceases immediately and your User Content and in-app data may be deleted. FatMachines shall have no liability for any such deletion. Sections 2.2, 2.3, 2.4, 2.5, 3, 4, 5.4, 6, 7, 8, 9, 10, and 11 survive termination.

6. Indemnity

You agree to defend, indemnify, and hold harmless FatMachines (and its suppliers) from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (i) your use of any FatMachines Product; (ii) your User Content; or (iii) your violation of this Agreement.

7. Third Parties

7.1 Application Stores

The availability of FatMachines Products depends on third-party application stores (e.g., Apple App Store, Google Play). This Agreement is between you and FatMachines only. The applicable Application Store is not responsible for any Product, its content, maintenance, support, or any claims relating to it. The Application Store and its subsidiaries are third-party beneficiaries of this Agreement.

7.2 Third-Party Services

Fatmachines products may integrate third-party services such as analytics, leaderboards, or advertising networks. FatMachines does not control such services and is not responsible for their content or conduct. Use of third-party services is at your own risk, and their own terms and privacy policies apply.

7.3 Other Users

FatMachines is not responsible for User Content submitted by other users or for your interactions with them. Your interactions with other users are solely between you and them.

7.4 Release

You irrevocably release and discharge FatMachines from any claims arising out of your interactions with third-party services, other users, or third-party advertisers.

8. Disclaimers

FatMachines Products are provided “as is” and “as available”. FatMachines and its suppliers disclaim all warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. FatMachines makes no warranty that any Product will meet your requirements, be uninterrupted, secure, or error-free, or that AI Outputs will be accurate, complete, or fit for purpose.

Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you.

9. Limitation on Liability

In no event shall FatMachines or its suppliers be liable for any lost profits, indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this Agreement, any FatMachines Product, or any AI Outputs, even if advised of the possibility of such damages. FatMachines’ total liability to you for any cause shall not exceed the amount you have paid to FatMachines in the prior 12 months (if any).

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above may not apply to you.

10. Fees and Purchases

10.1 In-App Purchases

FatMachines may offer virtual goods or features purchasable within its Products (“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable, revocable basis for non-commercial use only. FatMachines may modify or discontinue Virtual Items at any time. Virtual Items have no monetary value and are non-refundable, except as required by applicable law.

10.2 Subscriptions

Certain features may require a recurring subscription (“Subscription”). Subscriptions are billed through your App Store or Google Play account. Subscriptions renew automatically unless cancelled at least 24 hours before the current period expires. FatMachines may modify Subscription fees with reasonable prior notice. Except as required by law, Subscription fees are non-refundable.

All billing and transaction processes are handled by the applicable Application Store under their own terms and conditions. For payment-related issues, contact the relevant Application Store directly.

11. Miscellaneous

11.1 Changes to this Agreement

FatMachines may update this Agreement from time to time. Material changes will be notified by posting notice on our website or by email (where applicable) at least 30 days before taking effect. Continued use of any FatMachines Product after such notice constitutes your acceptance of the updated Agreement.

11.2 Notices

Notices to FatMachines should be sent to: [email protected]

11.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

11.4 Entire Agreement

This Agreement and the Privacy Policy constitute the entire agreement between you and FatMachines regarding all FatMachines Products and supersede all prior agreements. You may not assign this Agreement without FatMachines’ prior written consent. FatMachines may assign this Agreement in connection with a merger, acquisition, or sale of assets.

12. Apple App Store Additional Terms

12.1  This Agreement is between you and FatMachines only, not Apple. Apple is not responsible for any FatMachines Product or its content.

12.2  Your licence is limited to use on iOS devices you own or control, as permitted by the App Store Terms of Service.

12.3  FatMachines is solely responsible for maintenance, support, and warranties related to its Products. Apple has no obligation to provide any maintenance or support.

12.4  In the event a FatMachines Product fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to any Product.

12.5  FatMachines, not Apple, is responsible for addressing any claims relating to any FatMachines Product, including product liability claims, regulatory compliance, and intellectual property infringement.

12.6  You represent and warrant that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government prohibited party list.

12.7  Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.