PhotoFairy Terms of Service

Last Updated July 1, 2023

Welcome to PhotoFairy! These Terms of Service (the "Terms") govern your use of the PhotoFairy website ("Website"), as well as any services, features, or content offered by PhotoFairy (collectively, the "Services"). By accessing or using the Website or Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Website or Services.

Description of Services

PhotoFairy provides photo editing and graphic design services, including but not limited to image retouching, photo manipulation, and graphic design projects. The specific details of the Services, including pricing, turnaround times, and other relevant information, will be provided to you during the order process.

The Services are provided by PhotoFairy LLC ("we" or "us") to provide creative design and photo editing tools and services for our users. Some tools and services use artificial intelligence ("AI") to generate and modify contents. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for your use of the Services, including your upload of images, your design, generation of Content, and the consequences of your Content Sharing (as defined below).

User Content

You may submit content, including photos, graphics, and other materials ("User Content"), to be edited or used in the Services. By submitting User Content, you represent and warrant that you have the right to use, share, and modify the User Content, and that the User Content does not infringe upon the rights of any third party. You grant PhotoFairy a non-exclusive, worldwide, royalty-free, and transferable license to use, modify, reproduce, distribute, and display the User Content solely for the purpose of providing the Services.

Prohibited Uses

PhotoFairy provides its services for the purpose of photo editing and graphics design, and the use of the service is subject to certain limitations and restrictions. You agree not to use the service in any way that violates the following prohibited uses:

• Unauthorized Access: You shall not attempt to gain unauthorized access to any accounts, systems, or networks related to PhotoFairy, or to interfere with or disrupt the service or its associated servers or networks.

• Illegal Activities: You shall not use the service for any illegal, fraudulent, or unauthorized activities, including but not limited to copyright infringement, distribution of malware or viruses, hacking, phishing, or any other unlawful activities.

• Harmful Content: You shall not upload, post, or transmit any content that is harmful, offensive, obscene, discriminatory, defamatory, or otherwise objectionable, or that infringes upon the intellectual property rights of others.

• Misrepresentation: You shall not impersonate any person or entity, or falsely represent yourself or your affiliation with any person or entity, while using the service.

• Spamming and Solicitation: You shall not use the service for spamming, soliciting, or sending unsolicited messages, emails, or other communications, or for any other form of advertising, marketing, or promotional activities without obtaining prior consent from PhotoFairy.

• Reverse Engineering: You shall not reverse engineer, decompile, disassemble, or attempt to derive the source code of the service or any related software or technology.

• Reselling or Redistribution: You shall not resell, sublicense, or otherwise redistribute the service, or any portion thereof, without obtaining prior written permission from PhotoFairy.

• Violation of Terms: You shall not use the service in any way that violates these Terms of Service or any applicable laws, regulations, or third-party rights.

• Other Prohibited Activities: You shall not engage in any other activities that are deemed inappropriate, harmful, or unethical by PhotoFairy, in its sole discretion.

Consequences of Prohibited Uses

Violation of these prohibited uses may result in immediate termination of your access to the service, and PhotoFairy reserves the right to take legal action and seek remedies, including but not limited to damages and injunctive relief, for any violation of these prohibited uses.

Reporting Prohibited Uses

If you become aware of any prohibited uses of the service or suspect any violations, please promptly report such activities to PhotoFairy at [contact email/phone number/address] for appropriate action to be taken.

By using the service provided by PhotoFairy, you acknowledge and agree to abide by these prohibited uses. Thank you for your cooperation in maintaining a safe and respectful environment for all users of the service.

Intellectual Property

The Website and Services, including but not limited to the design, graphics, text, images, logos, and software, are owned by or licensed to PhotoFairy and are protected by intellectual property laws. You may not use, copy, modify, or distribute any content from the Website or Services without the prior written consent of PhotoFairy.

Confidentiality

PhotoFairy will take reasonable measures to protect the confidentiality of your User Content and any other information you provide to us. However, you acknowledge and agree that no data transmission over the internet can be guaranteed to be 100% secure, and PhotoFairy cannot guarantee the absolute security of your User Content or other information.

Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PHOTOFAIRY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHOTOFAIRY DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL PHOTOFAIRY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY. PHOTOFAIRY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE WEBSITE, OR SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify, defend, and hold harmless PhotoFairy, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Website or Services, your User Content, or any violation of these Terms or applicable laws.

Termination

PhotoFairy may, at its sole discretion, suspend or terminate your access to the Website or Services at any time for any reason, including but not limited to a violation of these Terms or suspected fraudulent or abusive behavior. Upon termination, your right to use the Website and Services will immediately cease, and any remaining fees paid for unfulfilled Services may be refunded at PhotoFairy's discretion.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PhotoFairy is located, without giving effect to any conflict of law principles. Any legal action or proceeding arising out of or related to these Terms, the Website, or Services shall be brought exclusively in the courts of the jurisdiction in which PhotoFairy is located, and you hereby consent to the jurisdiction and venue of such courts.

Payment and Refunds

You agree to pay the fees associated with the Services as described on the Website or as provided to you during the order process. Payments are due at the time of placing an order. Tokens are a form of virtual currency that can be used to access and purchase various services offered by PhotoFairy. Unused tokens that have been purchased by users and have not been utilized for any services are eligible for a refund, subject to the following conditions:

• Requests for refunds must be submitted in writing to refund@photofairy.ai within 30 days from the date of purchase.

• Refunds will only be issued for tokens that have not been used to access or purchase any services from PhotoFairy.

• Refunds will be processed in the original form of payment used for the purchase, unless otherwise mutually agreed upon.

• Refunds will be processed within 15 business days after the request has been received and approved by PhotoFairy.

Tokens that have been used to access or purchase services from PhotoFairy are non-refundable. This includes tokens that have been used to edit or design photos, graphics, or any other services provided by PhotoFairy.

PhotoFairy may update or modify this Refund Policy from time to time, and any changes will be effective immediately upon posting on the Website. It is your responsibility to review this Refund Policy periodically for any updates or changes.

Miscellaneous

These Terms constitute the entire agreement between you and PhotoFairy regarding your use of the Website and Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether oral or written. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and PhotoFairy's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. These Terms are binding upon and shall inure to the benefit of the parties and their respective successors and assigns.

Contact Information

If you have any questions or concerns about these Terms or the Services provided by PhotoFairy, please contact us at contact@photofairy.ai.

By using the Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Thank you for choosing PhotoFairy!