Terms of Service and Privacy Policy PHOTOMIZE.AI

Last Updated: 2024-09-16

1. Introduction

Welcome to PHOTOMIZE.AI. This document (hereafter referred to as "Terms") sets forth the terms and conditions for the use of our website, mobile application, and services (collectively referred to as "Services") offered by PHOTOMIZE.AI ("we", "us", "our"). By using our Services, you accept these Terms. If you disagree with them, please refrain from using our Services.

2. Description of Service

PHOTOMIZE.AI is a platform that uses artificial intelligence to generate and edit photos based on materials or text descriptions submitted by users.

3. User Registration and Account

3.1. To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your password and restricting access to your account.

3.2. You agree to provide true, accurate, and complete information during registration and to update this information as necessary.

3.3. You are responsible for all activities that occur under your account.

4. Intellectual Property Rights

4.1. PHOTOMIZE.AI retains all intellectual property rights to its software, algorithms, and technology used to provide the Services.

4.2. Users retain rights to the materials they submit to our Services.

4.3. Users grant PHOTOMIZE.AI a non-exclusive, worldwide, royalty-free license to use, modify, and process submitted materials for the purpose of providing the Services.

4.4. Photos generated by our platform may be used by the user in accordance with their chosen subscription plan. Detailed license terms are specified in the description of each plan.

5. Restrictions on Use of Service

You agree not to:

5.1. Use the Services to create, upload, or share illegal, harmful, offensive, or unethical content.

5.2. Attempt to gain unauthorized access to our systems or disrupt the operation of our Services.

5.3. Use the Services to infringe upon the intellectual property rights of third parties.

5.4. Use the Services to create pornographic, violent, or discriminatory content.

5.5. Sell, sublicense, or otherwise commercialize generated photos without the appropriate license.

6. Privacy and Data Protection

6.1. Our Privacy Policy, available at [LINK], describes how we collect, use, and protect users' personal data.

6.2. By using our Services, you consent to the processing of your data in accordance with our Privacy Policy.

7. Payments and Refunds

7.1. Some of our Services may require payment. Prices and payment terms are specified on our website.

7.2. Payments are processed by secure payment service providers.

7.3. As a general rule, we do not offer refunds for purchased services. However, in case of errors in service provision or non-performance of the service due to our fault, we may consider a refund or offer compensation in another form. Each case will be considered individually.

7.4. To report a problem with the service and discuss the possibility of a refund, please contact us at: support@photomize.ai.

8. Changes to Services and Terms

8.1. We reserve the right to modify or discontinue our Services at any time, with or without notice.

8.2. We may update these Terms from time to time. Continued use of the Services after changes are made constitutes acceptance of the new Terms.

9. Limitation of Liability

9.1. PHOTOMIZE.AI is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our Services.

9.2. Our total liability to you for any claims related to the Services is limited to the amount paid by you for the use of the Services in the past 12 months.

10. Dispute Resolution and Governing Law

10.1. These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

10.2. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Poland.

10.3. For users outside of Poland: By using our Services, you agree that any disputes will be governed by Polish law and subject to the jurisdiction of Polish courts. However, this does not affect your statutory rights as a consumer in your country of residence.

10.4. In the event of a dispute, the parties agree to first attempt to resolve it in good faith through direct negotiations before resorting to formal legal proceedings.

10.5. Nothing in these Terms affects your statutory rights as a consumer under the applicable laws of your country of residence.

11. International Use

11.1. PHOTOMIZE.AI is based in Poland, but our Services are available to users worldwide. We make no representations that our Services are appropriate or available for use in locations outside Poland.

11.2. If you access or use our Services from locations outside Poland, you do so at your own risk and are responsible for compliance with local laws.

12. Contact

If you have any questions regarding these Terms, please contact us at: support@photomize.ai.

Privacy Policy

1. Information We Collect

We collect the following types of information:

2. Use of Information

We use the collected information to:

3. Sharing of Information

We do not sell users' personal data. We may share data:

4. Data Security

We implement appropriate security measures to protect user data against unauthorized access, loss, or destruction.

5. User Rights

Users have the right to:

6. Changes to Privacy Policy

We may update our Privacy Policy. We will inform users about significant changes.

7. Privacy Contact

If you have any questions about our Privacy Policy, please contact us at: support@photomize.ai.

8. International Data Transfers

As we operate globally, personal data we collect may be transferred to, stored, and processed in countries other than the country in which it was collected. When we transfer personal data internationally, we take steps to ensure that the transfer complies with applicable data protection laws and that your personal data remains protected to the standards described in this Privacy Policy.