Last updated: October 19, 2026
These terms govern your use of Fotoya (“the Service”), operated by SIA Billy, Ulbrokas iela 23, Rīga, LV-1021, Latvia (reg. 40203676674).
1. The service
Fotoya uses AI to create job-hunting, career-change, business and profile photos from a single selfie. You upload a photo and select a style from a fixed set of presets; we create 4 versions in that style and show one of them to you free of charge as a watermarked preview (the other 3 are shown blurred). Once you pay, you can download the same 4 versions without the watermark. Generation is limited to head-and-shoulders portraits using one of our preset prompts. Custom prompts are not available. The Service does not provide official ID photos (such as for passports, My Number cards or driving licences) or photos for exams or applications.
2. Eligibility
You must be at least 16 years old to use Fotoya; people under 16 may not use the Service. If you are under 18, you must have consent from a parent or legal guardian.
3. Acceptance of these terms
The Service has no accounts or sign-up. By using the Service or placing an order, you are deemed to accept these Terms of Service and our Privacy Policy.
4. Pricing and payments
- One order costs ¥800 (tax incl.) and includes 4 versions in the chosen style. Konbini (¥220) and Pay-easy (¥190) payments carry an additional KOMOJU payment fee.
- Your photos are created before you pay. Before purchasing, you see one of the 4 photos you will receive, exactly as it will be delivered, as a watermarked preview; the other 3 are revealed after payment. Nothing further is generated after payment.
- Download period: For 30 days from payment, you can download the watermark-free photos from the result page. After that, the photos and order data are deleted automatically and cannot be recovered.
- Refunds: Due to the nature of digital content, returns and refunds are not accepted after payment. If a technical fault on our side prevents the download, we refund the full amount. Nothing in this clause excludes liability for intentional fault or gross negligence under applicable consumer protection law (including Japan’s Consumer Contract Act, Art. 8).
- There is no subscription and no automatic billing.
- Payments are processed by Komoju (konbini, Paidy, Pay-easy) or Stripe (credit card, Apple Pay, Google Pay). We do not store payment card details.
5. Your content and portrait rights
- You retain all rights to your uploaded photos and generated headshots.
- You grant us a limited license to process your photo solely to generate the headshot.
- Your uploaded selfie is processed in server memory and never stored. It is discarded immediately after generation.
- Generated headshots are stored encrypted with a per-order key and can be viewed only by people who have your private link, so share it with care. They are not published, shared, sold, or backed up by us.
- Generated headshots are deleted automatically 30 days after payment; you can delete them earlier at any time from the result page. Unpaid orders, including their generated photos, are deleted after 24 hours (3 days while a konbini or Pay-easy payment is pending).
- We do not use your photos to train AI models.
By uploading a photo, you represent and warrant that:
- You are the person depicted in the uploaded photo, or you have obtained explicit consent from the depicted person to have their likeness processed by the Service.
- You hold all necessary rights, permissions, and consents required for the uploaded image to be processed.
- The uploaded image does not infringe any third-party intellectual property rights, portrait rights (肖像権), or right of publicity (パブリシティ権).
6. Acceptable use
You agree not to:
- Upload photos of other people without their explicit consent.
- Upload photos of public figures, celebrities, or any identifiable person who has not consented.
- Use the service to create deceptive or fraudulent identity documents.
- Attempt to reverse-engineer the AI models or generation pipeline.
- Abuse the API rate limits or attempt to circumvent security measures.
- Use automated tools to scrape or bulk-download content.
7. AI-generated content and intellectual property
Headshots are generated by OpenAI’s AI using fixed preset prompts limited to cosmetic adjustments such as lighting and business attire. Uploaded photos are face-checked and screened for explicit content with AWS Rekognition in the Tokyo region (nothing stored). For generation, OpenAI processes your photo on servers in the United States; the transfer is protected by Standard Contractual Clauses. Your photo is not used to train AI models, but OpenAI keeps the data it receives for up to 30 days for abuse monitoring and then deletes it. See our Privacy Policy for details.
As with any generative AI system, we cannot guarantee the exact content of a given output. We do not guarantee that every generation will be suitable for your intended use.
Our service is designed to minimize the risk of intellectual property infringement: generation is limited to self-portrait headshots, custom prompts are not available, and automated content guards block nudity and non-human content. However, no AI system can provide an absolute guarantee against all possible infringement.
The Fotoya brand, website, and technology are owned by SIA Billy. The generated headshots are yours to use for personal and commercial purposes without restriction.
We operate within the usage policies of our AI provider (OpenAI):
8. Complaint and takedown
If you believe any content generated through our service infringes your intellectual property or portrait rights, please contact us at support@fotoya.tokyo with details of the alleged infringement. We will investigate and take appropriate action promptly.
9. Limitation of liability
The service is provided “as is” without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose or non-infringement. We are not liable for indirect, incidental, special, or consequential damages arising from your use of the service. Our liability is limited to the amount you paid us for the order concerned.
Consumer Contract Act reservation: Nothing in this section excludes or limits liability for damages caused by our intentional fault or gross negligence. Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law.
10. Order deletion and suspension
You can delete your photos and order at any time from the result page. We may suspend any use of the Service that violates these terms.
11. Governing law and jurisdiction
These terms are governed by the laws of the Republic of Latvia, without regard to its conflict-of-law provisions. For customers in Japan, the Act on Specified Commercial Transactions (特定商取引法) and the Consumer Contract Act (消費者契約法) apply where mandatory and prevail over conflicting provisions. Where the EU General Data Protection Regulation (GDPR) applies, it prevails over any conflicting provision in these terms.
Disputes shall be resolved in the courts of Riga, Latvia, unless applicable consumer protection law of your country of residence provides otherwise. Customers residing in Japan may bring claims in the courts of Japan.
12. Changes
We may update these terms. Material changes will be announced on this website at least 30 days before taking effect.
Contact
Questions about these terms: support@fotoya.tokyo