Terms of Service

Last updated: February 14, 2025

AGREEMENT TO OUR LEGAL TERMS

We are the provider of Photodot.AI ("Company," "we," "us," "our").

We operate the website https://www.photodot.ai (the "Site"), and other related products and services that link to these terms (collectively, the "Services").

Contact us: email support@photodot.ai.

These Legal Terms are a binding agreement between you (personally or on behalf of an entity) and us, governing your access to and use of the Services. By accessing the Services, you agree to be bound by these Legal Terms. If you do not agree, you are prohibited from using the Services and must discontinue use immediately.

Supplemental terms posted on the Services are incorporated by reference. We may change these Legal Terms. We will update the "Last updated" date, and you waive specific notice of each change. Your continued use after changes means you accept them. Review these terms periodically.

The Services are for users 18 and older.

1. OUR SERVICES

The information provided is not intended for use where contrary to law or regulation. Accessing from other locations is your responsibility, and you must comply with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

*Our Intellectual Property*

We own or license all intellectual property in our Services, including source code, databases, functionality, software, designs, audio, video, text, photos, graphics (the "Content"), and trademarks, service marks, and logos (the "Marks").

Our Content and Marks are protected by applicable copyright, trademark, and other intellectual property laws. They are provided "AS IS" for your personal, non-commercial use or internal business purpose.

*Your Use of Our Services*

We grant you a non-exclusive, non-transferable, revocable license to access the Services and download/print Content for personal, non-commercial use or internal business purpose, subject to these terms, including the "PROHIBITED ACTIVITIES" section.

No part of the Services, Content, or Marks may be used commercially without our prior written permission. Requests: support@photodot.ai. If permission is granted, you must identify us as the owner/licensor.

We reserve all rights not expressly granted. Breach terminates your right to use the Services immediately.

*Your Submissions and Contributions*

This section, and "PROHIBITED ACTIVITIES," detail your rights and obligations.

  • Submissions: Sending us questions, comments, suggestions, feedback, etc. ("Submissions") assigns all intellectual property rights in the Submission to us. We can use it for any lawful purpose without compensation.
  • Contributions: The Services may allow you to create/post content (text, video, audio, photos, etc. - "Contributions"). Public Submissions are also Contributions. Contributions may be viewable by others.
  • License Grant: By posting Contributions, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, distribute, sell, publish, perform, display, reformat, translate, and exploit your Contributions (including your image, name, and voice) for any purpose, and to create derivative works, and sublicense. This includes your name, company name, trademarks, and images.
  • Responsibility: By posting, you:
    • Confirm agreement with "PROHIBITED ACTIVITIES".
    • Waive moral rights (to the extent permissible).
    • Warrant originality or necessary rights/licenses.
    • Warrant it"s not confidential.
  • You are solely responsible for your Submissions/Contributions and will reimburse us for losses due to your breach of this section, third-party rights, or law.
  • We can remove/edit your Content without notice and may suspend your account.

3. USER REPRESENTATIONS

You represent and warrant that: (1) registration info is accurate and will be updated; (2) you comply with these terms; (3) you are not a minor; (4) you won't access via automated means; (5) you won't use for illegal purposes; (6) your use won't violate any law.

False info may lead to account suspension/termination.

4. USER REGISTRATION

You may need to register. Keep your password confidential. We can remove inappropriate usernames.

5. PURCHASES AND PAYMENT

Accepted: Stripe.

Provide accurate purchase/account info, including email, payment method, and expiration. Sales tax may be added. Prices may change. Payments are in US dollars.

You authorize us to charge for purchases/shipping. We can correct pricing errors and refuse orders.

6. SUBSCRIPTIONS

*Billing, Renewal, and Cancellation:*

Your subscription auto-renews until canceled. We'll charge your payment method on a recurring basis. All purchases are non-refundable. Cancel in your account; cancellation is effective at the end of the current term. Questions: support@photodot.ai.

*Fee Changes:*

We can change subscription fees and will communicate price changes.

7. PROHIBITED ACTIVITIES

Use the Services only as intended. No unauthorized commercial use.

You agree not to:

  • Systematically retrieve data without permission.
  • Trick, defraud, or mislead us/users.
  • Circumvent security features.
  • Disparage us/the Services.
  • Harass, abuse, or harm others.
  • Misuse support or submit false reports.
  • Violate laws.
  • Unauthorized framing/linking.
  • Upload viruses/harmful material.
  • Automated use (scripts, data mining).
  • Delete copyright notices.
  • Impersonate others.
  • Upload spyware/tracking mechanisms.
  • Interfere with the Services.
  • Harass our employees.
  • Bypass access restrictions.
  • Copy/adapt software.
  • Decompile/reverse engineer software (except as permitted by law).
  • Use unauthorized automated systems.
  • Use buying agents.
  • Unauthorized use (collecting emails, creating fake accounts).
  • Compete with us.
  • Advertise/sell goods/services.
  • Sell your profile.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

8. SOCIAL MEDIA

You can link to third-party accounts. You warrant you can disclose login info without breaching third-party terms or obligating us to pay fees.

We may access/store content from linked accounts. Third-party account unavailability may affect content availability. Your relationship with third-party providers is governed by their terms. We don't review Social Network Content and aren't responsible for it.

9. THIRD-PARTY WEBSITES AND CONTENT

Links to third-party websites/content are not investigated by us. We're not responsible. Leaving the Services means these terms no longer govern. Review third-party terms. Purchases are between you and the third party. We don't endorse third-party products/services and are not liable.

10. SERVICES MANAGEMENT

We can (but aren't obligated to): (1) monitor for violations; (2) take legal action; (3) refuse/restrict access to Contributions; (4) remove burdensome files; (5) manage the Services to protect rights and ensure functioning.

11. PRIVACY POLICY

Review our Privacy Policy (https://www.photodot.ai/privacy), incorporated here. Services are hosted in the US. Using from elsewhere means transferring data to the US and consenting to processing there.

12. TERM AND TERMINATION

These terms remain in effect while you use the Services. We can deny access/terminate your account/delete content without notice/liability, for any reason, including breach of these terms or law. You can't create a new account if terminated. We can also take legal action.

13. MODIFICATIONS AND INTERRUPTIONS

We can change/remove content without notice and aren't liable for modifications/discontinuance. We can't guarantee availability. We aren't liable for downtime. Nothing obligates us to maintain/support the Services.

14. GOVERNING LAW

These Legal Terms are governed by the laws of England and Wales. The UN Convention on Contracts for the International Sale of Goods is excluded. If you are an EU consumer, you also have the protection of your local laws. We and you agree to the non-exclusive jurisdiction of the courts of England, meaning you can make a claim in England or your EU country of residence.

15. DISPUTE RESOLUTION

*Informal Negotiations and Binding Arbitration*:

Disputes will first be negotiated informally for 30 days. Unresolved disputes then go to binding arbitration under the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium). The number of arbitrators shall be three (3). The seat of arbitration shall be in a mutually agreeable location. The language of the proceedings shall be English. The governing law shall be substantive law of England.

*Restrictions and Exceptions*:

Arbitration is limited to individual disputes. No class actions. Exceptions: intellectual property disputes, theft/piracy/privacy claims, injunctive relief. If this provision is unenforceable, a court will decide.

16. CORRECTIONS

We can correct errors/omissions without notice.

17. DISCLAIMER

SERVICES ARE "AS-IS." USE IS AT YOUR SOLE RISK. WE DISCLAIM WARRANTIES (EXPRESS/IMPLIED), INCLUDING MERCHANTABILITY, FITNESS FOR A PURPOSE, NON-INFRINGEMENT. NO WARRANTIES ON ACCURACY/COMPLETENESS. NO LIABILITY FOR ERRORS, INJURY, UNAUTHORIZED ACCESS, INTERRUPTIONS, BUGS, OR THIRD-PARTY PRODUCTS/SERVICES.

18. LIMITATIONS OF LIABILITY

WE AREN'T LIABLE FOR INDIRECT/CONSEQUENTIAL DAMAGES (LOST PROFIT, ETC.). LIABILITY IS LIMITED TO THE AMOUNT PAID IN THE 6 MONTHS PRIOR TO THE CLAIM. SOME LAWS MAY GIVE YOU ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You'll defend/indemnify us from third-party claims arising from: (1) your Contributions; (2) use of Services; (3) breach of terms; (4) violation of rights; (5) harmful acts. We can assume defense at your expense.

20. USER DATA

We maintain data, but you're responsible for your data. No liability for loss/corruption.

21. ELECTRONIC COMMUNICATIONS

Visiting the Services, emailing, and using online forms are electronic communications. You agree to electronic communications and electronic signatures/contracts.

22. MISCELLANEOUS

These terms and posted policies are the entire agreement. Failure to enforce doesn't waive rights. Terms operate to the fullest extent of the law. We can assign rights/obligations. Not liable for causes beyond our control. Unenforceable provisions are severable. No joint venture/partnership. Terms aren't construed against us. You waive defenses based on electronic form.

23. CONTACT US

support@photodot.ai