Terms of Service - Fairphoto

1. Acceptance of Terms

By accessing or using Fairphoto ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Fairphoto is an AI-powered image editing platform that allows users to modify images using natural language prompts. The Service uses artificial intelligence models to process and transform images based on user instructions.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized access

4. Subscription Plans and Payments

4.1 Free Plan

The free plan includes a limited number of image edits per month. Free plan images may include a watermark.

4.2 Paid Plans

Paid subscriptions are billed monthly or annually. Payments are processed through our payment provider, Polar. By subscribing, you authorize us to charge your payment method on a recurring basis.

4.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial months.

4.4 Usage Limits

Each plan has a monthly limit on the number of images you can process. Unused quota does not roll over to the next month.

5. Acceptable Use

You agree NOT to use the Service to:

Generate, upload, or distribute illegal content, including child sexual abuse material (CSAM)
Create non-consensual intimate images of real people (deepfakes)
Generate content that promotes violence, hatred, or discrimination
Infringe on intellectual property rights of others
Impersonate individuals or organizations
Spread misinformation or create deceptive content
Attempt to bypass usage limits or security measures
Use automated systems to access the Service excessively
Reverse engineer or extract our AI models

We reserve the right to terminate accounts that violate these policies without refund.

6. Intellectual Property

6.1 Your Content

You retain ownership of images you upload. By uploading images, you grant us a limited license to process them for providing the Service. You represent that you have the right to upload and edit any images you submit.

6.2 Generated Content

Subject to your compliance with these Terms and applicable laws, you own the edited images generated through the Service. We do not claim ownership of AI-generated edits to your images.

6.3 Our Service

The Service, including its design, features, and underlying technology, is owned by Fairphoto. You may not copy, modify, or distribute any part of the Service without permission.

7. AI Limitations

You acknowledge that:

AI-generated results may not always match your expectations
The AI may occasionally produce unexpected or imperfect outputs
We do not guarantee specific results from any edit
Processing times may vary based on demand and complexity

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRPHOTO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.

10. Indemnification

You agree to indemnify and hold harmless Fairphoto from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our discretion. Upon termination, your right to use the Service ceases immediately. You may delete your account at any time through the application settings.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and changing the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles. Any disputes shall be resolved in the courts of the Netherlands.

14. Contact

For questions about these Terms, please contact us at:

Email: legal@fairphoto.app