Legal
Terms of service
Last updated
These terms are between you, the business that installs Footnote on a BigCommerce store, and Andrew Barber, trading as Pouch Apps (“we”). Installing Footnote means you accept them. Footnote is for businesses, not for personal use.
What Footnote does
Footnote lists the images in your BigCommerce catalogue, suggests images that may have been made or changed with AI, records the label you choose for each image, and shows a visible label over the images you mark on your storefront. It keeps a log of those decisions that you can export.
It depends on BigCommerce’s APIs and on how your theme displays images, neither of which we control. We test the label on Stencil themes and on Catalyst storefronts from version 1.4, which is in beta. We may change features, and will give you reasonable notice before removing one you rely on.
What Footnote does not do
Footnote helps you label images. It does not decide which images the law requires you to label and is not legal advice.
Footnote’s suggestions can be wrong. A filename, alt text or metadata match can point at the wrong image, and an image with no sign of AI may still have been made with AI. The questions in the app follow published guidance from the European Commission, and their answer is a suggestion too.
Footnote does not add metadata, watermarks or Content Credentials to your files, and never changes your image files.
Your decisions are yours
You decide which images get a label, which label, and what it says. That includes any house rule you set, which labels matching images for you. You are responsible for those decisions, and for checking that the label shows where you need it on your storefront.
A label tells shoppers an image was made or changed with AI. It does not make a misleading image acceptable. You remain responsible for your product images showing what the shopper will receive, under consumer and advertising law wherever you sell.
If you need advice on what the law requires of your store, ask a qualified lawyer.
Billing
Footnote has two plans, Essentials and Pro, each billed monthly or yearly in US dollars. Prices are on the pricing page. Charges appear on your BigCommerce invoice and are also covered by your agreement with BigCommerce. Each store gets one 14-day free trial. Sandbox stores use Footnote free.
Subscriptions renew until cancelled. Cancelling stops the next renewal, and you keep access until the end of the period you have paid for. We do not refund part-used periods, except where the law requires it.
If you go over the Essentials label limit, labels already on your storefront stay up and you cannot add more until you upgrade or remove some. Essentials covers up to 50,000 product images. If your catalogue grows past that, scheduled catalogue checks run once a day after 30 days, until you upgrade; your labels are not affected. If a subscription ends or a payment fails, labels keep showing for 7 days and then stop. We will never remove a label from your storefront over a billing problem without that notice period.
Using it fairly
Do not use Footnote to break the law, to mislead shoppers, or to try to disrupt, reverse engineer or get unauthorised access to it. We may suspend a store that does, and will tell you why.
Your data
You own your data. We handle it as the privacy policy describes. Footnote stores nothing about your shoppers. Uninstalling deletes your store’s data, including the activity log, so export it first if you want to keep it.
Availability
We aim to keep Footnote running all the time but do not promise that it will. If our service is unavailable, labels that rely on it may not show until it is back.
Liability
Footnote is provided as it is. To the extent the law allows:
- our total liability for any claim about Footnote is limited to the fees you paid for it in the 12 months before the claim;
- we are not liable for indirect or consequential loss, including lost sales, lost profit or damage to reputation;
- we are not liable for fines, penalties, complaints or claims that arise from which images you labelled or did not label, from what your labels say, or from your images themselves, because those decisions are yours.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
Ending it
You can uninstall Footnote at any time from your BigCommerce control panel. We may end the agreement with 30 days’ notice, or straight away if you seriously break these terms. When it ends, labels stop showing and your store’s data is deleted.
Changes
We may update these terms. We will post the new version here with a new date, and email the store owner at least 14 days before a material change takes effect.
Law
These terms are governed by the law of Scotland, and the Scottish courts have exclusive jurisdiction.
Contact
Footnote is run by Andrew Barber, trading as Pouch Apps, Suite 2/3, 48 West George Street, Glasgow G2 1BP, United Kingdom. Email footnote@pouchapps.com.