Terms of Use
Welcome to Phot.AI! These are our terms of use, and they govern your use of Phot.AI, and software we offer (collectively, the "Service"). "We", "our," or "us" refers to CogniAI Private Limited, and our subsidiaries. "Phot.AI" refers to the Service. By using Phot.AI, you agree to these terms, our Privacy Policy, our Community Guidelines, and the other policies we post. Please read these terms carefully.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION BELOW.
Who can use Phot.AI?
You must be at least 13 years old to use Phot.AI. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.
If you accept these terms or use Phot.AI on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words "you" and "your” in these terms include you and that business or entity.
1.Preamble
1.CogniAI Private Limited develops and sells the software solution Phot.AI, a web-based application for processing photos. The subject of this Contract is the provision of the software as a service.
2. Subject of the Contract
2.1 The subject of this Contract is the temporary, non-exclusive use of the software Phot.AI (hereinafter: the Software) according to point 3 of this Contract by the customer (hereinafter: the Customer). The scope of performance and functionality of the Software is derived from the interface description that the Customer has received separately or from the description at https://phot.ai/pricing
2.2 The Software is only available on the internet; the function of the Software therefore depends on a functioning internet connection. The system requirements necessary for the operation of the Software can be found in the interface description according to point 2.1 or at https://phot.ai/pricing
2.3 General terms and conditions of the Customer do not apply.
2.4 Creation of multiple accounts for the same person is not allowed.
3. Rights of use
3.1 The Customer shall acquire the non-exclusive right, which is limited in time to the duration of this Contract, to use the Software to the extent of the selected variant worldwide for internal or its own use.
3.2 The scope of use (commercial or non-commercial) is based on the tariff chosen by the Customer. If the tariff chosen by the Customer so provides, the Customer may use, process or exploit the result of the Software (depending on the chosen tariff) commercially or non-commercially in any manner whatsoever. In the case of non-commercial use, the Customer is prohibited from using the results of the Software for direct or indirect commercial purposes.
3.3 Transfer of the Software for use by third parties or other provision to third parties, such as by way of letting, is not permitted.
3.4 For our API users, billing is managed through credits that can be purchased via debit or credit card. If you’re a Pro plan subscriber, the subscription fee is payable by debit or credit card.
3.5 For both API and Pro plan users, any unused monthly credits will expire at the end of each billing cycle. With respect to software use, customers are granted the capacity to process photos up to the amount of their purchased credits, with the equivalent value determined by the respective rate. A photo is deemed processed when it’s made available for the customer to download, regardless of whether they actually do. Please note, if a customer makes more than 15% unsuccessful requests (those that can’t be processed), we reserve the right to block access to the interface.
3.6 The Operator shall grant the Customer a right of withdrawal for 14 days from the date of the Contract, unless the Customer has made use of the services (even in part). Use in accordance with point 6.3 also excludes withdrawal.
3.7. The Operator shall provide the Customer (depending on the selected tariff) with an API interface with which the Customer can integrate the Software into its own websites, apps and software. The Customer has the right to integrate the Software into an unlimited number of its own websites, apps and software. Provision of the API interface to third parties (in return for payment or free of charge) is not permitted. The Customer may install the API interface only on websites in which the Customer is named in the legal notice. Integration into software and apps is permitted only if the Customer holds the rights of use of the respective software.
3.8 Use for the following purposes is prohibited: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of 'fake news'.
Use by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin.
4. Availability
4.1 In the context of the use of a version for which a fee is charged, the Operator undertakes to make the Software available to the Customer 98% of the time, calculated over one year (hereinafter referred to as the Availability). Availability is provided if the Software can be accessed via an internet connection in HongKong that meets the system specifications, as described in the specification. Maintenance for which notification has been given by the Operator does not reduce the Availability.
4.2 Higher availability must be agreed separately.
5. Rights and obligations of the Customer
5.1 The Customer undertakes to keep all access data to the Software (e.g. passwords, API keys) secret.
5.2 The Customer undertakes to refrain from any actions that compromise the functionality or operation of the Software. In particular, the Customer is prohibited from carrying out any actions that scan or test weak points of the Software, bypass security systems or access systems of the Software or integrate malware into the Software.
5.3 The Customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.
6. Contract duration
6.1 This Contract shall begin on activation of the account and is concluded for an indefinite period. Changes to the chosen tariff (upgrade and downgrade) shall take effect immediately. The respective minimum contract duration (see point 6.2) shall commence again at the same time.
6.2 This Contract may be terminated by either party in writing by registered letter, subject to a one-month notice period, at the end of the respective accounting period. In addition, the Customer has the option of canceling the Contract directly in the account in the 'My Account' area.
6.3 The Customer has the option of using the API interface provided by the Operator free of charge for the period offered by the Operator or to the extent offered by the Operator. In this case, the Customer is obliged to provide information about the Operator to the recipients of the edited photos by means of a link provided by the Operator. If the tariff selected by the Customer stipulates advertising of the Software, this obligation also exists in the use of the Software in return for payment.
6.4 This Contract may be terminated by the Operator for good cause with immediate effect. The following constitute good causes in any case:
7. Terms of payment
7.1 All fees for recurring services are due before the beginning of the respective accounting period. The billing period shall commence on the day the Contract is concluded and end after one month.
7.2 Taxes and duties which are related to the current fee shall be paid by the Customer. The Customer hereby indemnifies the Operator in this respect.
7.3 The Customer's activation shall take place as soon as the current fee has been paid. Should the Customer be in default even for one day only, the Operator is entitled to prohibit the Customer from further use of the Software and cancel all services. This is without prejudice to the obligation of the Customer to pay the agreed fee.
7.4 The Customer is not entitled to offset claims against the Operator unless such claims have been legally established by a court.
8. Warranty and liability
8.1 Any warranty for the results of the Software and its Availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is six months.
8.2 The Operator is not liable for the speed of the Software, its Availability, data loss or the correctness of the results. In addition, the liability of the Operator is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.
8.3 The liability of the Operator is in any case limited to the amount that the Customer has paid in ongoing fees in the last 3 months before the event giving rise to liability.
9. Confidentiality and data privacy
9.1 As a matter of principle, Phot.AI does not process any personal data. If the Customer is a private individual and processing is carried out exclusively for personal and family activities, Phot.AI shall process all personal data submitted by the Customer exclusively on the basis of the General Data Protection Regulation.
If the Customer is a company and the Customer submits personal data, the Data Processing Agreement available at Privacy Policy shall apply. In using the Software, the Customer accepts the Data Processing Agreement.
9.2 All other data protection information is available to the Customer at Privacy Policy.
10. Contact by e-mail
10.1 The Customer gives consent to receiving e-mails from the Operator for purposes of information and advertising of its products and product developments and for news.
10.2 The Customer gives consent to being named as a reference by Phot.AI.
10.3 The Customer may withdraw consent at any time by sending an e-mail to support@phot.ai
Refund Policy for Phot.AI
At Phot.AI, we strive to provide the highest quality AI photo generation, photo editing, and training capabilities for our valued customers. Please read our refund policy carefully to understand your rights and our commitments.
1. Satisfaction Guarantee
If you are not satisfied with the results of any of our services, please contact our support team at support@phot.ai. Our team is dedicated to resolving any issues you may have and ensuring your satisfaction with our service.
2. Free Credits
We offer free credits to allow users to try our tools before committing to a premium subscription. We encourage you to utilize these free credits to experience the quality of our services.
3. Subscription Cancellation
You may cancel your premium subscription at any time. If you choose to cancel, please note that:
Your subscription will not be renewed.
No refunds will be issued for any remaining period of the subscription.4. Refunds
We do not process refunds once a premium subscription has been purchased. We believe that the free credits provide an ample opportunity to evaluate our service before making a financial commitment.
5. AI Avatars and AI Photoshoots
If you are not satisfied with the results of your AI avatar or AI photoshoot, please reach out to us at support@phot.ai. While we do not offer refunds, our team will work with you to address any issues and improve your experience.
6. Billing and Payment Issues
If you have any billing-related queries, such as being charged twice or facing any issues with payments, please contact us at support@phot.ai. Our team is here to help resolve any payment-related concerns promptly.
7. Contact Us
For any questions or concerns regarding our refund policy, please reach out to us at support@phot.ai. We are here to assist you and ensure your experience with Phot.AI is a positive one. Thank you for choosing Phot.AI. We appreciate your understanding and cooperation.
12. Concluding provisions
12.1 These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
12.2 The agreed place of performance is the registered office of the Operator.
12.3 The exclusive jurisdiction for disputes arising out of or in connection with this Contract shall be the competent court in HongKong.
12.4 Changes and/or additions to this Contract must be made in writing to be valid; written form is also required for departure from this formal requirement.
12.5 Should individual provisions of this Contract be void, unenforceable and/or invalid, this shall not result in the invalidity, unenforceability and/or invalidity of the entire Contract. In this case, the contracting parties undertake to agree on a provision which is as close as possible economically to the purpose pursued by the void, unenforceable and/or invalid provision to replace the void, unenforceable and/or invalid provision.
Affiliate Terms and Conditions
This Affiliate Agreement (“Agreement”) is entered into between CogniAI Private Limited (“Phot.Ai”, “we”, “our”, “us”) and the party submitting an application to become a Phot.Ai affiliate (“you”, “your”, “yours”, “Affiliate”) (each, a “Party” and together, the “Parties”). Phot.Ai reserves the right to determine the amount of remuneration each Affiliate will receive, which is detailed below. Except as explicitly provided for, the Phot.Ai Terms of Service will also apply to you, in addition to this Agreement. By submitting this online application and clicking “I Accept the Terms and Conditions”, you are agreeing that you have read and understood the terms of this Agreement, and agree that you are bound by its terms.
1. Application
You must submit an Affiliate Program application from our website. You must accurately and truthfully complete the application to become an Affiliate.
2. Obligations of the Parties
As a member of our Affiliate Program, you will receive an affiliate ID managed by our affiliate software partner, First Promoter, which will be incorporated into graphic and textual links (“Link”) to the Phot.Ai website. You may display these Links on your website, in emails, and in online advertisements to promote Phot.Ai, and will have the opportunity to receive a commission for each paying Phot.Ai customer (“Sale”) that is registered using any of your Links. If a potential customer (“Lead”) has multiple Affiliate cookies, the most recently-acquired cookie will determine which Affiliate gets credit for the Sale. Provided that the Qualified Sold Account, as defined below, remains in good standing, we will pay Affiliate for each Qualified Sold Account (the “Commission”) that generates a payment each month. A month's commission will be paid next month on 30th if the payout amount is over $100, subject to the other terms of this agreement. (Affiliate ID, Partner, Affiliate Cookie). Commission payments are subject to a minimum payout threshold of $100. Affiliates must accrue at least $100 in commissions to be eligible for payment.
Qualified Sold Account
In order to qualify as a Qualified Sold Account, both the Account Sign-Up and the Sale must occur within ninety (90) days of the user’s first visit to the Phot.Ai website via your Link.
Prohibitions
No Commission will be paid if the Affiliate attempts to generate Sales by:
3. Termination
Your participation in the Phot.Ai Affiliate program will continue on a month-to-month basis until terminated. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If you fail to comply with any term or provision of this Agreement, or violate any law, we may terminate the Agreement or suspend your access to the Affiliate website at any time without notice. If this Agreement is terminated or canceled due to your breach, you immediately forfeit all Commissions, Bonuses, and any other payments owed to you without any further liability by Phot.Ai. This Agreement will terminate automatically if there is inactivity over a twelve 12 month period, including but not limited to (i) no impressions, clicks, leads, or sales generated, (ii) not responding to emails from the Phot.Ai Affiliate Marketing Manager, or (iii) having an incomplete account profile.
4.Confidentiality
You agree that all information about Phot.Ai or any of its affiliates or subsidiaries shall be kept confidential by you. This includes business and financial information, customer and vendor lists, and pricing and sales information. Confidential Information does not include information that is generally known or available to the public. You also agree not to use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or help another party do the same.
5.Warranty and Disclaimer
Phot.Ai shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Phot.Ai or by third-party providers, or because of other causes beyond Phot.Ai’s reasonable control, but Phot.Ai shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Phot.Ai does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND PHOT.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6. Limitation of liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY,, PHOT.AI AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND PHOT.AI’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PHOT.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Indemnification
You agree to indemnify, defend, protect and hold harmless Phot.Ai, and its officers, directors, shareholders, employees, affiliates, subsidiaries, from and against any and losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) resulting from third party claims, suits, causes of action, or controversies alleging Affiliate’s breach of any of its representations or warranties herein or any other violation of its obligations under this Agreement. This provision expressly survives the termination of this Agreement.
8. Modification
This Agreement and Phot.Ai’s standard Terms of Service can be modified by Phot.Ai at any time. Changes to this Agreement or the Terms of Service will be valid when they are sent to You via email or when they are posted in the affiliate platform. No change to this Agreement or the Terms of Service will be valid unless it is prepared or signed by Phot.Ai. Your continued acceptance of Commission or Bonus payments means that you accept any modifications or changes to this Agreement and the Terms of Service.
9. Miscellaneous
You agree that you are an independent contractor, and no agency, partnership, joint venture, or employment is created as a result of this Agreement and You will not have any authority of any kind to bind Phot.Ai in any respect whatsoever. You will have no authority to make or accept any offers or representations on our behalf. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of India without regard to its conflict of laws provisions.
10. Cookie Duration and Attribution
Affiliate tracking cookies will remain valid for a period of 30 days from the user’s first visit to the Phot.Ai website through the Affiliate’s link. If a customer makes a purchase after 30 days of the initial referral, the Affiliate will not be eligible to receive a commission for that sale. The most recently acquired cookie will be used to determine which Affiliate gets credit for the sale.
11. Currency for Commission Payments
All commission payments will be made in U.S. Dollars (USD). It is your responsibility to ensure that your payment details support receiving payments in USD. Any applicable currency conversion costs incurred during transfer will be borne by the Affiliate.
12.Tax Responsibilities
Affiliates are responsible for reporting and paying any taxes related to their earnings from the Phot.Ai Affiliate Program, as required by the laws of their respective country or region. Phot.Ai is not responsible for withholding or paying any income taxes or other taxes on behalf of Affiliates.
13. Use of Logos and Branding
Affiliates may use Phot.Ai’s approved marketing materials, logos, and branding provided through the Affiliate portal. Any modifications or unauthorized use of Phot.Ai’s logos, branding, or other intellectual property are strictly prohibited. Affiliates must ensure that all content promoting Phot.Ai adheres to the brand guidelines provided by Phot.Ai and must not be misleading or misrepresent the services offered by Phot.Ai.
14.Customer Cancellations or Downgrades
If a customer cancels or downgrades their subscription within the first 30 days of signing up, the Affiliate will not receive a commission for that sale. In cases where commissions have already been paid out, Phot.Ai reserves the right to claw back the commission payment or deduct the corresponding amount from future payouts to the Affiliate. Phot.Ai also reserves the right to adjust the commission structure in cases of customer refund requests or chargebacks.
15. Affiliate Content Guidelines
Affiliates must ensure that all content created to promote Phot.Ai is compliant with applicable advertising laws and reflects the Phot.Ai brand in a positive light. The content should not contain false claims, misleading information, or unsubstantiated results. Affiliates are encouraged to create original and high-quality content that provides a true representation of Phot.Ai’s services and value proposition.
16. Right to Audit
Phot.Ai reserves the right to audit Affiliate activity at any time to ensure compliance with this Agreement. This may include reviewing the Affiliate’s website, social media posts, and other materials where Phot.Ai is promoted. If Phot.Ai determines that an Affiliate has violated any part of this Agreement, Phot.Ai may terminate the Affiliate’s participation in the program and withhold any commissions earned. These sections should cover the additional points and provide greater clarity and protection for both you and your affiliates. Feel free to integrate them with the original terms you shared. Let me know if any other points need further customization!