Privacy Policy

Interpretation and Definitions

Words whose initial letter is capitalized have the meanings defined under the following conditions. The following definitions have the same meaning regardless of whether they appear in singular or plural form.

For the purposes of this Privacy Policy:

• Account means a unique account created for you to access the Platform or parts of the Platform.
• Company referred to in this document as "Company", "We", "Us", or "Our", means Podaon SIA (LV40103450338).
• Cookies are small files placed on your computer, mobile device, or any other device by the Platform and containing details of your Platform usage history among other functions.
• Country means Latvia.
• Device means any device that can access the Platform, such as a computer, mobile phone, or digital tablet.
• Personal Data means any information that relates to an identified or identifiable individual.
• Platform means the FOTBO.AI software platform available through fotbo.ai and related subdomains, which allows the Client to create websites and web applications using artificial intelligence.
• AI Output means any code, content, text, images, or other materials created using the artificial intelligence features of the Platform.
• Client Data means any content, code, text, images, files, or other data that you upload, enter, or create through the Platform, including prompts and created websites.
• Service Provider means any natural or legal person that processes data on behalf of the Company, including infrastructure providers, payment processors, and third-party AI model providers.
• Usage Data means data collected automatically or generated as a result of using the Platform or from the Platform infrastructure itself, such as session duration or the number of Credits used.
• You means the individual accessing or using the Platform, or the company or other legal entity on behalf of which such individual accesses or uses the Platform, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data. While using the Platform, we may ask you to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, state, province, postal code, city
• Payment information, processed through third-party payment systems
• Usage Data

Usage Data

Usage Data is collected automatically when using the Platform. Usage Data may include information such as your Device IP address, browser type, browser version, the Platform pages you visited, the time and date of your visit, the time spent on those pages, unique device identifiers, the number of Credits used, and other diagnostic data.

When you access the Platform from a mobile device, we may automatically collect certain information, including the type of mobile device you use, the unique ID of your mobile device, the IP address of your mobile device, your mobile operating system, the type of mobile internet browser you use, and other diagnostic data.

Client Data and AI Output

In addition to Personal Data and Usage Data, when using the Platform you create and submit Client Data, including prompts, uploaded files, websites, and projects, and receive AI Output generated using the artificial intelligence features of the Platform.

By default, FOTBO.AI may use Client Data, including prompts, uploaded files, created websites, and AI Output, in anonymized form to improve the Platform, generation quality, security, testing, and the training or fine-tuning of AI models.

You may withdraw your consent for this use at any time through the toggle in Settings - Privacy in your personal account. After you disable it, your Client Data is no longer used for those purposes. Withdrawal of consent does not apply to data already processed before the setting was disabled.

Client Data and prompts are transferred to third-party AI model providers only to the extent necessary to generate AI Output, in accordance with the terms described in the Service Providers section below.

Tracking Technologies and Cookies

We use cookies and similar tracking technologies to monitor activity on the Platform and store certain information. The tracking technologies we use include beacons, tags, and scripts to collect and track information, and to improve and analyze the Platform. Technologies we use may include:

• Cookies or browser cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of the Platform, including authorization and the project editor.
• Web beacons. Certain sections of the Platform and our emails may contain small electronic files known as web beacons, also referred to as clear gifs, pixel tags, and single-pixel gifs, that allow the Company to count users who visited those pages or opened an email and to collect other related statistics.

Cookies may be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.

We use both session and persistent cookies for the purposes listed below:

• Necessary / Essential Cookies
  Type: Session cookies. Administered by: Us.
  Purpose: These cookies are necessary to provide you with services available through the Platform, including authorization, maintaining the editor session, and operating the AI chat. They help authenticate users and prevent fraudulent use of accounts.
• Cookies Policy / Notice Acceptance Cookies
  Type: Persistent cookies. Administered by: Us.
  Purpose: These cookies identify whether you have accepted the use of cookies on the Platform.
• Functionality Cookies
  Type: Persistent cookies. Administered by: Us.
  Purpose: These cookies allow us to remember choices you make when using the Platform, such as login details, language preferences, the selected AI model, or project editor settings.
• Analytics Cookies
  Type: Persistent cookies. Administered by: Us and our analytics partners.
  Purpose: These cookies help us measure Platform usage, understand which features are useful, and improve reliability and generation quality.
• Marketing Cookies
  Type: Persistent cookies. Administered by: Us and our advertising partners.
  Purpose: These cookies may be used to measure advertising performance, personalize promotional content, and show more relevant ads on other websites when you consent.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain the Platform including monitoring Platform usage and Credit consumption.
• To manage your Account to manage your registration as a Platform user. The Personal Data you provide may give you access to different Platform features available to you as a registered user.
• For the performance of a contract including development, compliance, and performance of the service offer agreement for services you purchased, or any other contract with us through the Platform.
• To contact you by email, phone calls, SMS, or other equivalent forms of electronic communication, such as push notifications, regarding updates or informational messages related to functionality, products, or contracted services, including security updates when necessary or reasonable.
• To provide you with news, special offers, and general information about other goods, services, and events we offer that are similar to those you have already purchased or asked about, unless you opted out of receiving such information.
• To manage your requests including handling and managing your requests to us and requests to the Abuse Department.
• For business transfers we may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, liquidation, or other sale or transfer of some or all of our assets, where Personal Data about Platform users is among the transferred assets.
• For other purposes we may use your information for data analysis, identifying Platform usage trends, determining the effectiveness of our advertising campaigns, and evaluating and improving the Platform, products, services, marketing, and your experience.

We may share your personal information in the following situations:

• With Service Providers we may share your personal information with Service Providers to monitor and analyze Platform usage, process payments, and contact you.
• With AI model providers to generate AI Output, your prompts and related Client Data may be transferred to third-party AI model providers to the extent necessary to provide Platform features.
• For business transfers we may share or transfer your personal information in connection with negotiations for any merger, sale of company assets, financing, or acquisition of all or part of our business by another company.
• With affiliates we may share your information with our affiliates, in which case we will require those affiliates to comply with this Privacy Policy.
• With other users if you publish a website created on the Platform and make it publicly available, for example through a subdomain or custom domain, the content hosted on it may be viewed by any visitors of that website.
• With your consent we may disclose your personal information for any other purpose with your consent.

Retention of Your Personal Data

The Company will retain your Personal Data only for as long as necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our contractual obligations and policies. The Company will also retain Usage Data for internal analysis.

You may request deletion of your Personal Data, including name, email, and payment information, at any time through your personal account or by contacting support. FOTBO.AI will delete Personal Data within 30 days from receiving the request, except for data that must be retained under applicable law.

You may delete your Account and all related projects at any time through Settings - Danger Zone. After Account deletion, data and projects cannot be restored. Deleted data may temporarily remain in backups until final deletion.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the operating offices of the Company and in any other places where parties involved in processing are located, including Service Providers and AI model providers. This means that information may be transferred to and stored on computers located outside your country or other administrative jurisdiction, where data protection laws may differ from those in your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information means your agreement to that transfer. The Company will take all reasonable steps to ensure that your data is processed securely and in accordance with this Privacy Policy.

Disclosure of Your Personal Data

The Company may disclose your Personal Data in the good-faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Platform, including violations described in the Complaints Policy
• Protect the personal safety of Platform users or the public
• Protect against legal liability

Security of Your Personal Data

The security of your Personal Data is important to us, but remember that no method of transmission over the internet or method of electronic storage is 100% secure. Although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

We are not responsible for personal data of third parties that you independently enter into prompts, upload in files, or otherwise transmit through the Platform. You are fully responsible for complying with applicable personal data protection laws when using the Platform, including having the necessary legal grounds for processing personal data of third parties.

Privacy of Minors

The Platform is intended only for use by persons who are at least 18 years old or have reached the age of majority in the relevant jurisdiction. We do not knowingly collect personally identifiable information from persons under 18. If you are a parent or guardian and know that your minor child provided us with Personal Data, please contact us. If we learn that we collected Personal Data from a minor without verified parental consent, we will take steps to remove that information from our servers.

Links to Other Websites

The Platform may contain links to other websites that we do not operate, including websites created by other Clients using the Platform. If you click a third-party link, you will be redirected to that third party website. We strongly recommend that you review the Privacy Policy of every website you visit. We do not control and are not responsible for the content, privacy policies, or practices of any third-party websites or services, including websites created using the Platform.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will notify you by email and/or by a prominent notice on the Platform before changes take effect and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

Contact Us

If you have any questions about this Privacy Policy, you can contact us:

• By email: [email protected]
• By visiting this page on our website: https://fotbo.ai

Podaon SIA (FOTBO.AI), Rīga, Raņķa dambis 30 - 110, LV-1048