Effective: January 1, 2025
Last updated: November 18, 2024
Welcome to PhotexAI! By accessing or using our services, you agree to be bound by our Usage Policy. This document outlines the terms of use, your rights, and your obligations while interacting with our platform. Please read these terms carefully, as they contain important information about your use of our services and your legal rights. If you do not agree to these terms, you must not use our services.
To access our services, users must create an account. During the
registration process, users agree to provide accurate, current, and
complete information. Users are responsible for updating their account
details to ensure that the information remains accurate.
Users
must maintain the confidentiality of their account credentials,
including their username and password. It is essential to take
adequate precautions to safeguard these details, such as using strong,
unique passwords and not sharing login information with others. Users
are solely responsible for all activities conducted under their
account, whether or not they have authorized such activities.
PhotexAI
will not be held liable for any loss or damage arising from a failure
to comply with these obligations. If unauthorized access or any
security breach is detected, users must notify PhotexAI promptly at
[email protected]. PhotexAI reserves the right to suspend or
terminate an account if it determines that unauthorized activity has
occurred or if users violate the Terms & Conditions.
PhotexAI’s services are available to users of all ages and from any location. By creating an account, users confirm they have the legal capacity to enter into binding agreements. Users under 18 should use the platform with parental or guardian supervision to ensure responsible use and adherence to safety practices. Users are responsible for complying with their local laws when accessing PhotexAI, as we make no guarantee of service appropriateness in all regions. If eligibility terms are violated or false information is provided, PhotexAI reserves the right to suspend or terminate access.
Users must refrain from sending mass, unsolicited, or repetitive communications to other users or external contacts through the platform. This includes commercial promotions, advertisements, or any form of spam that disrupts the normal user experience.
Users are granted a limited, non-exclusive, non-transferable, and
revocable license to access and use the services provided by PhotexAI.
This license allows users to interact with the platform and its
features for personal use, and also for commercial purposes when
participating in approved payment plans to sell their user-generated
content, as permitted by PhotexAI's policies and guidelines. Users may
not sell, rent, lease, or sublicense any aspect of the services
provided.
This license does not grant users ownership of
any intellectual property or content on the platform, including but
not limited to software, design elements, logos, or proprietary data.
Users are prohibited from modifying, copying, distributing, creating
derivative works, reverse-engineering, or attempting to extract source
code from any part of PhotexAI’s services without explicit
authorization.
The license may be revoked at PhotexAI's
discretion, especially in cases where users are found to have violated
the Terms & Conditions, engaged in prohibited conduct, or breached any
agreements relating to their use of the platform. PhotexAI reserves
the right to terminate or modify the terms of the license at any time,
ensuring that users are notified of significant changes through the
official platform communication channels.
By using
PhotexAI’s services, users agree to respect these terms and
acknowledge that their access is contingent upon adherence to these
conditions. Failure to comply with the terms of the license can result
in restricted access or the suspension of user privileges.
While PhotexAI strives to maintain seamless integration with
third-party services, users acknowledge that these services are
subject to updates and changes beyond PhotexAI’s control, which may
impact functionality. Users are responsible for staying informed of
these updates to ensure compliance and uninterrupted use of these
features.
PhotexAI takes reasonable measures to securely
integrate third-party tools but cannot be held liable for any data
issues, disputes, or performance concerns arising from their use. By
engaging with these services, users consent to the potential sharing
of relevant usage data to facilitate functionality and improvements.
The services provided by PhotexAI are offered on an "as is" and "as
available" basis, without any warranties, whether expressed or
implied. This includes, but is not limited to, implied warranties of
merchantability, fitness for a particular purpose, non-infringement,
or any warranty arising from a course of dealing or usage of trade.
While PhotexAI strives to provide a reliable and secure service, it
does not guarantee that the platform will be free from interruptions,
security vulnerabilities, errors, or that any defects will be
corrected promptly
Users acknowledge that they access and
use PhotexAI's services at their own risk. PhotexAI is not liable for
any direct, indirect, incidental, consequential, or punitive damages
that may result from the use of, or the inability to use, the
platform. This includes, but is not limited to, damages for loss of
data, revenue, profits, or other economic advantage, even if PhotexAI
has been advised of the possibility of such damages. Furthermore,
PhotexAI is not responsible for any harm caused by third-party
services or integrations, including issues arising from the use of
external tools such as Stable Diffusion by Stability AI.
PhotexAI
disclaims any responsibility for service disruptions or failures
beyond its reasonable control, such as those caused by technical
issues, cyberattacks, or force majeure events. Users are advised to
take necessary precautions, such as backing up data and ensuring
robust security measures on their devices, to mitigate potential
risks. The limitation of liability outlined here applies to the
fullest extent permitted by law, ensuring users understand that the
use of PhotexAI's services comes with inherent limitations and risks.
PhotexAI reserves the right to suspend or terminate user accounts or
restrict access at any time, with or without cause, and without prior
notice, if a user violates these Terms & Conditions or engages in
prohibited conduct. Such conduct includes fraudulent activities,
unauthorized use, or actions compromising platform security or
compliance.
Suspension or termination may result in the
loss of access to associated data, and users are responsible for
maintaining their own backups. While PhotexAI may offer an appeal
process, it is not obligated to reinstate accounts or provide
alternative solutions. Severe violations may lead to permanent bans
from creating new accounts or accessing services.
All intellectual property rights related to the platform, including
but not limited to software code, design elements, graphics, logos,
content, and other proprietary materials, are owned exclusively by
PhotexAI. These rights are protected under applicable copyright,
trademark, and other intellectual property laws. Users do not acquire
any ownership rights or licenses to the intellectual property by using
the platform, other than the limited license granted to access and use
the services in accordance with these Terms & Conditions.
Unauthorized
use, reproduction, distribution, modification, or creation of
derivative works based on any part of PhotexAI’s intellectual property
is strictly prohibited without express written consent from PhotexAI.
This includes scraping, reverse engineering, decompiling, or
attempting to derive the source code or underlying ideas from any
aspect of the platform. Any unauthorized action may result in the
suspension or termination of user access and could lead to legal
action.
Users are encouraged to respect the intellectual
property rights of PhotexAI and other users. If users wish to
reference or use any part of the platform for educational,
journalistic, or other permissible purposes, they must seek prior
permission from PhotexAI and provide appropriate acknowledgment where
applicable. Violations of this policy undermine the security and
integrity of the platform and will be dealt with according to the
extent of the breach, ensuring protection of PhotexAI’s proprietary
assets.
PhotexAI reserves the right to modify, amend, or update these Terms &
Conditions at any time to reflect changes in our services, legal
requirements, or business practices. Any modifications will be
effective immediately upon posting the revised version of our
Usage Policy. Users are responsible for reviewing the Terms regularly to stay
informed about any updates.
Notification of significant
changes will be provided through prominent notices on the website or
via other communication channels, such as email, to ensure users are
aware of any revisions that may impact their use of the platform.
Continued use of the services following the posting of modified Terms
constitutes acceptance of those changes. If a user does not agree to
the new terms, they must cease using the platform and may request the
closure of their account.
PhotexAI aims to maintain
transparency by providing users with clear and accessible updates
regarding changes to the Terms & Conditions. This ensures that users
are consistently aware of their rights and obligations when using the
platform.
Any disputes or claims arising out of or in connection with these
Terms & Conditions, including issues relating to the use of the
platform, user rights, or any breach of these terms, shall be resolved
through binding arbitration or litigation, as deemed appropriate. This
process ensures that both PhotexAI and the user engage in a fair and
structured method of dispute resolution.
Binding
arbitration will be conducted in accordance with the rules of a
recognized arbitration institution, and the decision of the arbitrator
shall be final and binding on both parties. Arbitration proceedings
shall be held in a mutually agreed location, or otherwise determined
by PhotexAI, and conducted in English. By agreeing to these Terms,
users waive the right to pursue claims in a court of law or
participate in class action lawsuits, except as prohibited by
applicable law.
In cases where arbitration is not suitable
or legally enforceable, litigation may proceed in the courts located
in the jurisdiction stipulated under the "Governing Law" section. Both
parties agree to submit to the exclusive jurisdiction of these courts
for the resolution of any disputes not resolved by arbitration.
PhotexAI strives to settle conflicts fairly and efficiently, ensuring
that user concerns are addressed through established, impartial
processes.
By creating an account and using PhotexAI's services, users signify their agreement to these Terms & Conditions and acknowledge that they have read, understood, and accept the terms outlined herein. This consent includes adherence to all policies, guidelines, and any subsequent modifications that PhotexAI may implement. Users agree that their continued access and use of the platform constitutes binding acceptance of the terms, including any updates or changes communicated via the website or other official channels. By consenting, users commit to complying with all rules regarding platform conduct, content usage, and interactions with other users or third-party services. Furthermore, users understand that failure to comply with these terms may result in restricted access, suspension, or termination of their account. Users are encouraged to review these Terms periodically to stay informed about their responsibilities and any modifications that may affect their use of the platform. This proactive consent underscores the user’s role in fostering a safe and legally compliant environment for all participants on the platform.
These Terms & Conditions, and any disputes or claims arising from
their interpretation or use of the platform, shall be governed by and
construed in accordance with the laws of the United States of America,
without regard to conflict of law principles. This ensures that any
legal questions involving PhotexAI’s services will be handled under
U.S. law, promoting consistency and predictability in legal
proceedings.
Users agree that any legal actions related to
these Terms will be brought exclusively in the federal or state courts
specified by PhotexAI, which users accept as the appropriate venue. By
agreeing to these Terms, users consent to the jurisdiction and
judicial processes of U.S. courts, providing clarity and a legal
framework for resolving any disputes.
At present, PhotexAI’s services are offered free of charge, with no
payment plans or associated fees required for basic usage. Users can
access and utilize the platform’s features without incurring costs,
fostering an inclusive environment that encourages creativity and
participation. However, PhotexAI reserves the right to introduce
payment plans, subscription models, or other fee-based services in the
future as the platform evolves and expands its offerings.
If
and when payment options are implemented, users will be notified in
advance, and detailed information about pricing, billing cycles, and
payment methods will be provided. Users will have the opportunity to
review and agree to any new payment terms before subscribing to
fee-based services. The introduction of paid features will be
structured to maintain transparency, ensuring users understand any
associated costs and can make informed decisions about their use of
the platform.
Users who choose to engage in future paid
services must comply with any updated payment terms, which may include
policies related to refunds, cancellations, and billing disputes.
PhotexAI will ensure that all payment processes are secure and
compliant with industry standards, protecting user financial
information and providing a reliable transactional experience.
PhotexAI is committed to providing reliable and continuous access to its services; however, users acknowledge that occasional service downtimes may occur due to planned maintenance, system updates, or unforeseen technical issues. In such instances, PhotexAI will make reasonable efforts to notify users in advance of planned maintenance or anticipated disruptions through email or other communication channels. For unexpected outages or technical difficulties that affect service availability, PhotexAI will communicate updates as promptly as possible, outlining the nature of the issue and any estimated resolution times. While PhotexAI strives to minimize disruptions and maintain optimal service performance, users agree that service interruptions may occur and that PhotexAI is not liable for any consequences resulting from these temporary unavailabilities.
If you have any questions, concerns, or feedback regarding this Usage Policy or the way our services are provided, we encourage you to reach out to us via email at [email protected]. Our dedicated team is committed to addressing your inquiries and ensuring that you receive clear and timely responses to any issues related to your use of the platform. At this time, email support is the primary method for contacting us, but we remain committed to maintaining open lines of communication to assist with your needs effectively.