Terms & Conditions


Last Updated: June 26 2025

Support E‑mail: support@figmaker.com


Welcome to Figmaker, a web‑based AI toy‑generation platform. These Terms of Service (“Terms,” “Terms of Service,” or “ToS”) are entered into by and between you and Hyperkitchen LLC (“Company,” “Figmaker,” “we,” or “us”) and govern your access to and use of www.figmaker.com including any content, functionality, and services offered on or through www.figmaker.com (the “Website”), whether as a guest or a registered user.


PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE.

By accessing or using the Website you accept and agree to be bound by (i) these Terms and (ii) our Privacy Policy, found at www.figmaker.com/privacy-policy and incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.


1. Description of Our Services

Figmaker is a web‑based AI toy‑generation service that allows users to upload photographs (“Reference Images”) and receive one or more AI‑generated toy concepts, and—where purchased—a physical custom toy.


  • Realtime Concepting AI & Artists. Figmaker’s proprietary generative‑AI models work in tandem with human artists to create the toy concepts from your Reference Images.

  • No Training or Marketing Use. Reference Images are not used to train our machine‑learning models or for marketing, publicity, or portfolio purposes unless you give us your explicit, written consent.

  • Retention & Deletion. Reference Images are stored only for the time reasonably necessary to (a) generate your concepts, (b) manufacture any ordered toy, and (c) perform limited quality‑assurance checks. They are automatically purged on a rolling schedule. You may request immediate deletion at any time by e‑mailing support@figmaker.com; we typically comply within 72 hours after verifying the request.

  • Encountering Inappropriate Content. While we impose technical and human moderation to block objectionable inputs (e.g., nudity, images of individuals without consent), generative‑AI outputs may occasionally offend. If this occurs, please report it to support@figmaker.com.

  • No Model Training on Personal Information. Figmaker does not use your personal information or Reference Images to train unrelated AI models or to create new products for third parties.


2. Minimum Age Requirement

Our Services are not intended for individuals under 18 years old. If you are under 18, you must not use the Website. Any party permitting a minor to use the Website is in material breach of these ToS and may have all permissions or licences immediately revoked.


3. User Accounts

To access the Website or certain resources, you may be asked to provide registration details. It is a condition of your use of the Website that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and that you consent to our actions consistent with it.


If you select or are provided with a username, password, or other security credential, you must treat it as confidential and must not disclose it to any other person or entity. Your account is personal to you; do not allow anyone else to access any part of the Website using your credentials. Notify us immediately of any unauthorized use. We reserve the right to disable any credential if, in our opinion, you have violated any provision of these Terms.


4. Ownership of Uploaded Content & Limited Licence

  1. User Ownership. You retain all right, title, and interest in and to the Reference Images and any other content you upload (collectively, “User Content”). Figmaker does not claim ownership over, or any perpetual rights in, your User Content.

  2. Limited Licence to Figmaker. By uploading User Content, you grant Figmaker and its service providers a non‑exclusive, worldwide, royalty‑free, revocable licence to host, process, and temporarily store that User Content solely for:

    • generating toy concepts;

    • manufacturing any physical toys you order; and

    • providing customer support, quality assurance, security, and fraud prevention.


    This licence terminates automatically upon (a) completion of those purposes and automated data‑purge or (b) our confirmed deletion following your written request.

  3. No Secondary Use. Except as expressly stated above, Figmaker will not (i) train machine‑learning models on, (ii) publish, (iii) publicly display, or (iv) commercially exploit your User Content without your explicit consent.


5. Your Responsibility for Uploaded Content

You represent and warrant that:

  • You own or have secured all necessary rights (including copyright, trademark, privacy, and publicity rights) to the User Content you upload.

  • Uploading and permitting Figmaker’s use of the User Content does not infringe any third‑party rights, violate any law, or breach any contract.

  • You have obtained all required consents of any identifiable individuals depicted in Reference Images.

  • You will not upload images of individuals or property without the necessary permissions or in violation of any applicable law or regulation.

  • You agree to indemnify, defend, and hold harmless Figmaker and its affiliates from any claims arising out of a breach of these warranties. (See “Indemnification,” Section 18.)


6. Intellectual Property Rights (Website Materials)

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade‑secret, and other intellectual‑property laws.


These Terms permit you to use the Website for personal, non‑commercial purposes only. Except for your rights in User Content described in Section 4, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as specifically allowed below:

  • Temporary storage in RAM incidental to normal browsing.

  • Browser caching.

  • Printing or downloading one copy of a reasonable number of pages for personal, non‑commercial use.

  • Downloading a single copy of any mobile or desktop application we make available, subject to the applicable end‑user licence agreement.

  • Using social‑media sharing features we expressly enable.


You must not:

  • Modify any copies of materials from this site.

  • Use illustrations, photographs, videos, or graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary notices.

  • Access or use for commercial purposes any part of the Website or services or materials available through it.


Violation of these restrictions terminates your licence to use the Website, and you must immediately return or destroy any copies you have made.


7. Trademarks

The Company name, “Figmaker,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates. You must not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners.


8. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. Without limitation, you agree you will not:

  • Violate any applicable law or regulation.

  • Exploit, harm, or attempt to exploit or harm minors.

  • Upload, send, or create content that is defamatory, obscene, harassing, hateful, or otherwise objectionable.

  • Upload images of individuals or property without consent (see Section 5).

  • Transmit unsolicited advertising (“spam”).

  • Impersonate any person or entity or misrepresent your affiliation.

  • Disable, overburden, damage, or impair the Website; interfere with another’s use.

  • Use robots, spiders, scraping, or other automated means to access the Website.

  • Introduce viruses, trojan horses, worms, or other malicious code.

  • Reverse‑engineer, disassemble, or decompile any portion of the Website.

  • Use the Website for automated decision‑making that adversely affects anyone’s legal rights, or for discriminatory or exploitative purposes, or for medical advice, or to generate content for law‑enforcement or immigration‑enforcement profiling.


We reserve the right to suspend or terminate access for any violation.


9. User Contributions

The Website may contain forums, profiles, bulletin boards, or other interactive features that allow users to post, submit, or transmit content (“User Contributions”). Except for Reference Images and other User Content covered by Section 4, User Contributions are non‑confidential and non‑proprietary. By providing a User Contribution you grant us and our affiliates a non‑exclusive, transferable, sublicensable, worldwide licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose that content as permitted by your account settings (if any) and these Terms.


You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the licence above; that the User Contributions comply with these Terms; and that you are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions. We are not responsible or liable for any User Contribution by you or others.


10. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Content or User Contribution.

  • Take action regarding any User Contribution we deem necessary, including if it violates these Terms.

  • Disclose your identity to third parties claiming infringement of their rights.

  • Refer matters to law enforcement.

  • Terminate or suspend your access for any or no reason.

  • Fully cooperate with law‑enforcement authorities. You waive and hold harmless Figmaker from claims resulting from any action taken during, or as a consequence of, investigations by Figmaker or law enforcement.


We cannot undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material.


11. Limitation of Liability (User Content)

We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Our total liability for any claim related to the Website or Services will not exceed the total amount of fees you paid for the Service giving rise to the claim.


12. Content Standards

User Contributions must comply with all applicable laws and must not:

  • Contain defamatory, obscene, abusive, or hateful material.

  • Promote violence or discrimination.

  • Infringe intellectual‑property rights.

  • Violate privacy or publicity rights.

  • Deceive any person.

  • Promote illegal activity.

  • Impersonate any person.

  • Contain commercial activities or sales without authorization.

  • Give a false impression that they emanate from or are endorsed by us.


We will promptly remove content that violates these standards.


13. Linking to the Website

You may link to our homepage in a fair and legal manner that does not damage or take advantage of our reputation, and does not suggest endorsement or association without our consent. We reserve the right to withdraw linking permission at any time.


14. Fees and Payment

Unless we state otherwise at purchase, we charge a fixed fee for a package of generated toy options. You must provide a valid payment method at purchase; payments are processed by a third‑party payment processor. Fees are non‑refundable except as required by law. Taxes are your responsibility. We may change our fees or packages at any time.


15. Copyright Infringement

We respect intellectual‑property rights and respond to proper DMCA notices. If you believe materials accessible on or from the Website infringe your copyright, send a notice containing the information required by the DMCA to Copyright Agent, Hyperkitchen LLC, support@figmaker.com.


16. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES IS AT YOUR OWN RISK. THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ERROR‑FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. THIS DISCLAIMER DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.


17. Additional Limitation of Liability

IN NO EVENT WILL FIGMAKER, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF FORESEEABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.


18. Indemnification

You agree to defend, indemnify, and hold harmless Figmaker, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your User Content or User Contributions, or your use of any information obtained from the Website.


19. Miscellaneous

Governing Law & Jurisdiction. These Terms and any dispute arising out of them are governed by the laws of the State of California without regard to conflict‑of‑law rules. Any legal suit or proceeding shall be brought exclusively in the state or federal courts located in San Francisco, California, and you consent to jurisdiction and venue in such courts.


Waiver & Severability. No waiver of any term by Figmaker is a continuing waiver. If any provision is held unenforceable, it will be limited or eliminated to the minimum extent, and the remaining provisions will remain in full force.


Entire Agreement. These Terms and the Privacy Policy constitute the sole and entire agreement between you and Figmaker regarding the Website and supersede all prior and contemporaneous understandings.


Right to Amend. We may revise these Terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use after the posting of revised Terms means you accept and agree to the changes.


Comments & Concerns.

For all feedback, comments, or requests for support, contact support@figmaker.com.