Terms of Service — MyPhotoAI

1. The Service

MyPhotoAI provides AI-powered photo processing, enhancement, generation, and related services (the "Service"). Features may include image upload, transformation, generation, editing, storage, previewing, and sharing tools. We may offer free and paid tiers, and we may update, modify, or discontinue features at any time.

2. Eligibility & Account Registration

• Eligibility: You must be at least 13 years old (or older if required by local law) and capable of forming a binding contract to use the Service.
• Account info: You are responsible for providing accurate information, maintaining the security of your credentials, and all activity under your account. Notify us immediately of any unauthorized use.

3. User Content & Licenses

"User Content" means any images, photos, text, or other content you upload, submit, or generate using the Service.

• Your ownership: You retain ownership of the User Content you upload, subject to the licenses you grant below.
• License to operate the Service: By uploading or submitting User Content you grant MyPhotoAI a non-exclusive, worldwide, royalty-free license to use, store, reproduce, display, transmit, and process that content solely to provide and improve the Service (including backups, moderation, and analytics).
• Generated output: AI-generated images or outputs created from your prompts or uploads will be treated as Service outputs. Unless otherwise stated, you are granted a perpetual, non-exclusive license to use such outputs for personal and commercial purposes, subject to these Terms and any third-party rights.

4. Prohibited Uses

Do not use the Service to:

• Upload, generate, or share illegal, infringing, pornographic, hateful, harassing, or violent content.
• Violate others' privacy or intellectual property rights (for example, uploading private photos of others without permission).
• Attempt to reverse engineer, bypass, or interfere with Service security, rate limits, or usage monitoring.
• Use the Service to create or disseminate misinformation or deepfakes intended to deceive.

We may remove violating content and suspend or terminate accounts for violations.

5. Payments, Subscriptions & Refunds

Paid features are billed according to the plan you select. Payments are processed by Stripe. By purchasing, you agree to Stripe's terms and to provide accurate payment information.

• Billing: Subscription fees are billed on a recurring basis unless you cancel before the next billing cycle.
• Refunds: Refunds are provided only where required by law or at our discretion. If you believe a refund is due, contact support at support@myphotoai.io.
• Taxes: You are responsible for any applicable taxes associated with purchases of the Service.

6. Storage & Security

We store account data and uploaded files using Supabase and related infrastructure. We use industry-standard measures to protect data in transit and at rest, but no system is fully secure. You are responsible for backing up your content and for safeguarding your account credentials.

7. Intellectual Property

All rights, title and interest in the Service (excluding User Content) are owned by MyPhotoAI and its licensors. You may not copy, modify, distribute, sell, or lease any part of our Service, or reverse engineer it, except to the extent permitted by law or expressly authorized.

8. DMCA & Copyright

If you believe your copyrighted work has been used in a way that constitutes infringement, provide a copyright takedown notice to our designated agent atsupport@myphotoai.io. We will respond in accordance with applicable law.

9. Termination

We may suspend or terminate your access for violations of these Terms or other policies, or for business reasons. You may close your account at any time by following account settings or contacting support. Some data may be retained for legal or operational reasons as described in our Privacy Policy.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AI-generated content may be imperfect, contain errors, or reflect biases. You are responsible for verifying that any generated content is appropriate for your use.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYPHOTOAI, ITS AFFILIATES, OR SUPPLIERS BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO MYPHOTOAI IN THE 12 MONTHS BEFORE THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold MyPhotoAI harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, misuse of the Service, or infringement of third-party rights.

13. Governing Law & Dispute Resolution

These Terms are governed by the substantive laws of the State of Colorado, USA, without regard to conflicts of law rules. For disputes we will first attempt good-faith negotiation; if unresolved, disputes may be resolved in the courts located in Denver, Colorado, unless you and we agree otherwise.

14. Changes to These Terms

We may revise these Terms from time to time. If we make material changes we will notify you by email or via the app/website. Continued use after changes constitutes acceptance.

15. Other Terms

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and MyPhotoAI regarding the Service.
• No waiver: Failure to enforce a provision is not a waiver of rights.
• Severability: If a provision is invalid, the remainder stays in effect.

16. Contact

For questions about these Terms, contact:

• Email: support@myphotoai.io
• Mail: MyPhotoAI, Attn: Legal, Denver, USA