TERMS OF SERVICE – PhotoAI.me
1. Introduction
Welcome to PhotoAI.me! These Terms of Service (“Terms”) govern your access to and use of the PhotoAI.me website (“Site”) and services offered by SIA Weby (“we”, “us”, or “our”), Registration No. 40103647575, Legal address Mārupe, Saules iela 7, LV-2167, Latvia. Please read these Terms carefully before accessing or using our Site or services.
2. Acceptance of Terms
By accessing or using our Site or services, you agree to be bound by these Terms, along with our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not access or use our Site or services.
3. User Eligibility
Our Site and services are available to users who are at least 13 years of age. By accessing or using our Site or services, you represent and warrant that you are at least 13 years old and have the legal capacity to enter into a binding contract. If you are not at least 13 years old or lack the legal capacity to enter into a binding contract, you must not access or use our Site or services.
4. Account Registration and Security
To use our services, you may be required to create an account on our Site. You agree to provide accurate and complete information during the account registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account or any other breach of security.
5. Services and Pricing
PhotoAI.me is a web-based Software as a Service (SaaS) product that enables users to generate AI photos. Users can choose from various photo packages at a fixed price and/or subscription. By submitting their own photos based on certain guidelines, users will receive high-quality AI-generated photos. Details regarding the photo packages, prices, and guidelines are available on our Site.
6. User Content and Guidelines
By using our Site and services, you may submit photos and other content (“User Content”) to us. You retain ownership of your User Content, but by submitting it, you grant us a non-exclusive, royalty-free, worldwide, and perpetual license to use, reproduce, modify, adapt, publish, distribute, and display your User Content in connection with our Site and services. You represent and warrant that you have all necessary rights to grant us this license.
You agree not to submit any User Content that:
- Violates any applicable law, regulation, or guideline;
- Infringes on the intellectual property rights of others;
- Contains any obscene, pornographic, or offensive material;
- Contains any personal information about individuals under 13 years old;
- Contains any harmful or malicious software.
We reserve the right to remove or refuse any User Content at our discretion.
7. Copyrights and Photo Ownership
All AI-generated photos provided by our Site and services are original works created by our AI algorithms. You acknowledge that you do not acquire any ownership rights to the AI-generated photos, and you are granted a non-exclusive, royalty-free, worldwide license to use the AI-generated photos for your personal, non-commercial purposes. Any commercial use of the AI-generated photos requires our prior written consent.
8. AI-generated Photo Guidelines
To get the best AI photos, please follow these guidelines:
a. Upload 18-20 pictures of yourself. Preferably close-up photos.
b. Make sure there’s only one person in the photo.
c. Variation is the key here! Use pictures from different days, environments, and poses.
d. Ensure your photos are of good quality and not blurry.
e. Don’t upload the same picture multiple times.
f. Don’t cover your face.
g. Make sure your hair is fully visible.
h. You understand that children are not allowed and neither their photos can be submitted, only Adults photos are allowed on the platform.
Following these guidelines will help you get the most out of our AI-generated photo services.
9. Intellectual Property Rights
All content, features, and functionality on our Site and services, including but not limited to text, graphics, logos, images, and software, are the exclusive property of SIA Weby or its licensors and are protected by international copyright, trademark, and other intellectual property laws. You agree not to infringe on any of our intellectual property rights or those of our licensors.
10. Acceptable Use Policy
You agree to use our Site and services only for lawful purposes and in accordance with these Terms. You agree not to:
- Engage in any conduct that may harm or disrupt our Site, services, or other users;
- Use our Site or services for any fraudulent, deceptive, or illegal activities;
- Access or attempt to access any unauthorized parts of our Site or services;
- Use any automated means, such as bots or scrapers, to access, collect, or use information from our Site or services.
Violations of this Acceptable Use Policy may result in termination of your access to our Site and services.
11. Refund and Cancellation Policy
If you wish to request a refund, please reach out to us at hello@photoai.me. Our customer service team will review your request and verify whether the submitted photos comply with our guidelines. If the service didn’t meet your expectations, we will communicate with you to explore potential alternatives or solutions. If an amicable resolution is not reached, a refund may be considered at our discretion. We always strive to ensure customer satisfaction, and your feedback is valuable in helping us improve our services.
12. Payment and Subscription Terms
By selecting a photo package or subscription plan and providing payment information, you agree to pay the fees associated with your chosen package. All payments are processed through third-party payment processors, and you agree to be bound by their terms and conditions. We reserve the right to change our pricing, subscription plan options, features, rules, and payment terms at any time.
12.1 Subscribing
Subscribing to the Service, your credit card will be billed immediately after finishing the subscription payment process. See Section 12.3, Recurring Payment, of this Section 12 for more information. A subscription to the Service means you will have access to create AI photos.
2.2. Payment Methods
We accept only these forms of payment – Paypal, VISA and MasterCard, Apple Pay and Google Pay. We do not accept cash or checks.
2.3. Recurring Payment
By putting in your billing payment method (“Your Designated Payment Method”) and subscribing to the Service, you authorize PhotoAI.me or its designated payment processor to charge the applicable monthly or yearly subscription fees to Your Designated Payment Method. Unless you notify us of your decision to cancel your subscription, your subscription will automatically renew at the end of each subscription term. Your renewed subscription will have the same duration as the subscription being renewed (e.g. one month, etc.). At the time of renewal, your credit card will be charged our then-current fees for the applicable subscription, provided that if the fee for your renewal Service has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew.
2.4. Billing Date
Your credit card will be charged for the renewal term of your Service on your billing date ("Billing Date"), based on the type of subscription (e.g., on a particular date each month for a monthly subscription, etc.). If, however, your Activation Date is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal will be on the last day of the month in which your Billing Date would otherwise be.
2.5 Invoicing
An invoice is issued on the billing date for each charge made. The tax applied on the invoice will be dependent on the country where the service is used. This is determined by verifying the country you indicate in the checkout process and IP address we obtain during the web session. If the identified countries differ between the two methods we consider the country indicated by you during the checkout process as the main country where the service is used.
2.6. Late Payments
Your subscription may be deactivated or cancelled without notice if the payment for your subscription is past due or if Your Designated Payment Method is declined or denied for any reason. If Your Designated Payment Method is declined or denied for any reason, we will deactivate your subscription and send you a notification email regarding such problem with processing your payment. We will try Your Designated Payment Method every three (3) days and after three (3) failed attempts, we will cancel your subscription, and you will need to re-subscribe to the Service.
2.7. Early Cancellation
You may cancel your subscription at any time. If you cancel your subscription, you will have access to the full Service until the date that would have been your next Billing Date.
13. Technical Requirements and Compatibility
Our Site and services are designed to work with the latest devices and internet connections. To access and use our Site and services, you must have a compatible device and a stable internet connection. We are not responsible for any issues arising from your device or internet connection that may affect your access to or use of our Site or services.
14. DMCA
We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to legitimate copyright infringement claims. If you believe that your copyrighted work has been infringed upon by any User Content on our Site or services, please notify us by sending a DMCA notice to hello@photoai.me with the following information:
- A description of the copyrighted work you claim has been infringed;
- A description of the allegedly infringing material, including its location on our Site or services;
- Your contact information, including your name, address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf;
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
15. Community Guidelines
As part of our commitment to providing a safe and welcoming environment for all users, we have established the following community guidelines. By using our Site or services, you agree to abide by these guidelines:
- Treat other users with respect and courtesy;
- Do not engage in any form of harassment, bullying, or discrimination;
- Do not share any personal information about other users without their consent;
- Do not impersonate other users or create accounts for the purpose of deceiving others;
- Do not use our Site or services to promote or engage in any illegal activities.
Violations of these community guidelines may result in the removal of User Content, suspension or termination of your account, and other actions as we deem appropriate.
16. Limitation of Liability
In no event shall SIA Weby, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your access to or use of our Site or services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we have been advised of the possibility of such damages.
17. Disclaimers and Warranties
Our Site and services are provided “as is” and “as available” without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our Site or services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
18. Indemnification
You agree to indemnify, defend, and hold harmless SIA Weby, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of our Site or services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
19. Governing Law and Jurisdiction
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of Latvia, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Latvia for the resolution of any disputes arising out of or in connection with these Terms.
20. Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations between the parties. If the parties are unable to resolve the dispute through negotiations within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the Latvian Chamber of Commerce and Industry or another mutually agreed-upon arbitration body. The arbitration shall be conducted in Latvia, and the decision of the arbitrator(s) shall be final and binding on both parties.
21. Privacy Policy
Your privacy is important to us. Please review our Privacy Policy, which governs the collection, use, and disclosure of your personal information when using our Site and services. By using our Site or services, you acknowledge and agree to the terms of our Privacy Policy.
22. Third-Party Links and Services
Our Site and services may contain links to third-party websites or services that are not owned or controlled by SIA Weby. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that SIA Weby shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
23. Modifications to the Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make any changes to the Terms, we will notify you by posting the updated Terms on our Site or through other means as we deem appropriate. Your continued use of our Site or services following the posting of the updated Terms constitutes your acceptance of the changes.
24. Termination
We reserve the right, in our sole discretion, to terminate your access to our Site and services, without notice and liability, for any reason, including but not limited to your violation of these Terms. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
25. Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you.
26. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.
27. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and SIA Weby with respect to your access to and use of our Site and services and supersede all prior agreements, understandings, and representations, whether written or oral, relating to the subject matter of these Terms.
28. Contact Information
If you have any questions or concerns about these Terms, our Site, or our services, please contact us hello@photoai.me
SIA Weby
Registration No. 40103647575
VAT No. LV40103647575
Legal address: Mārupe, Saules iela 7, LV-2167, Latvia
Effective date: 1st May 2023