Terms of Service

1. Introduction and Acceptance

Welcome to PhotoRestoration. By accessing our website and using our AI-powered photo restoration services, you agree to be bound by these Terms of Service ('Terms'). If you do not agree with any part of the terms, then you do not have permission to access the Service. These terms apply to all visitors, users, and others who wish to access or use the Service.

2. Description of Service

PhotoRestoration provides an online platform that uses artificial intelligence to restore, enhance, and repair digital images ('Service'). The quality and outcome of the restored images may vary depending on the quality of the original uploaded image.

3. User Accounts

1. To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during the registration process.
2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password.
3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Photo Uploads and User Content

You retain all rights to the photos you upload to the Service ('User Content'). By uploading a photo, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process the photo solely for the purpose of providing the Service to you. You warrant that you have the necessary rights and permissions to upload and process your User Content.

• We do not claim any ownership rights over your photos.
• Uploaded photos and the resulting restored images are automatically deleted from our servers within a defined period (typically 24 hours), as detailed in our Privacy Policy.

5. Intellectual Property of the Service

Excluding your User Content, the Service and all its original content, features, and functionality are and will remain the exclusive property of PhotoRestoration and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

• The AI models, algorithms, and software used to power the service are our proprietary technology.
• You may not copy, modify, distribute, sell, or lease any part of our Service or included software.

6. Credits and Payment

Certain features of the Service require the purchase of credits. All credit purchases are final and non-refundable, except as stated in our Refund Policy.

• Pricing for credits is subject to change without notice.
• We use a third-party payment processor to handle transactions. We do not store your credit card details.

7. Prohibited Activities

You agree not to use the Service for any unlawful purpose or to engage in any of the following prohibited activities:

• Uploading any content that is illegal, harmful, threatening, abusive, or otherwise objectionable.
• Attempting to interfere with the proper functioning of the Service.
• Using any automated system, including 'bots' or 'spiders', to access the Service in a manner that sends more request messages to the servers than a human can reasonably produce in the same period.
• Reverse-engineering or attempting to extract the source code of our software.

8. Privacy and Data Protection

Your privacy is critically important to us. Our data collection and use practices are detailed in our Privacy Policy.

• We collect personal information like your email address to manage your account and provide the service.
• We implement industry-standard security measures to protect your data.

For more detailed information, please review our Privacy Policy.

9. Service Availability and Disclaimer

We strive to ensure the Service is available at all times but cannot guarantee its uninterrupted availability.

• The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis.
• We do not warrant that the results of the service will meet your specific expectations or that they will be error-free.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

11. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

12. Limitation of Liability

IN NO EVENT SHALL PHOTORESTORATION, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

13. Indemnification

You agree to defend, indemnify and hold harmless PhotoRestoration and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

16. Contact Us

If you have any questions about these Terms, please contact us at [email protected].