Terms and Conditions

These Terms and Conditions (the “Agreement”) govern the use of the PhotoGPT AI image-generation services (the “Service”) offered by PhotoGPT (the “Company”), operated by TAIC LLC. By accessing or using the Service, the customer (the “Customer”) agrees to comply with this Agreement. PhotoGPT reserves the right to update or modify these Terms and Conditions at any time by posting revised terms on its website or by notifying the Customer. Continued use of the Service after any such changes will constitute acceptance of the updated terms.

1. Service Availability and Use

  1. PhotoGPT continuously develops and refines its Services and reserves the right to modify or discontinue any aspect of the Service at any time. PhotoGPT makes no guarantees regarding the availability, stability, accuracy, or reliability of the Service or the generated images.
  2. The Service and all image outputs (the “Assets”) are provided on an “AS IS” and “AS AVAILABLE” basis,without warranties of any kind, whether express or implied. PhotoGPT expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  3. PhotoGPT shall not be responsible for any harm or losses arising from Customer’s use of the Service or reliance on any Assets. The Customer assumes all risk and liability for use of the Service and any outputs or other materials generated through the Service.
  4. PhotoGPT may suspend or terminate access to the Service if the Customer violates this Agreement or engages in conduct that PhotoGPT deems harmful. The Company may also suspend, limit, or disable features of the Service at its discretion or as required by law.

2. Eligibility and Age Requirements

  1. The Customer represents and warrants that they are at least eighteen (18) years old (or the age of majority in their jurisdiction) and have full legal capacity to enter into this Agreement. If the Customer is under the age of majority in their jurisdiction, the Customer must obtain prior consent from a parent or legal guardian who agrees to be bound by this Agreement.
  2. PhotoGPT does not knowingly collect personal information from individuals under the age of 13. If the Customer is under 13, or under the age of digital consent in their jurisdiction, they may not use the Service.

3. Customer Data and Privacy

  1. In order to use the Service, the Customer may provide PhotoGPT with certain information, including personal data (such as name, email address, payment details) and non-personal data (such as usage analytics). PhotoGPT collects, stores, and processes this information in accordance with its Privacy Policy, which is incorporated herein by reference. The Privacy Policy describes how PhotoGPT handles personal data, and outlines the Customer’s rights regarding their data.
  2. PhotoGPT and the Customer agree to comply with all applicable data protection and privacy laws (including, without limitation, the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA)), and to implement reasonable security measures to protect personal data.
  3. The Customer is solely responsible for maintaining the confidentiality of any account credentials used to access the Service. The Customer shall notify PhotoGPT immediately of any unauthorized use of their account.

4. Customer Content and Intellectual Property Rights

  1. The Customer retains full ownership of any original content or images that they upload to the Service (the “Uploads”). PhotoGPT does not claim any ownership rights in the Customer’s Uploads.
  2. To the extent permitted by law, as between the Customer and PhotoGPT, PhotoGPT retains ownership of all underlying technology, machine learning models, and training data used to generate the image outputs (the “Generative Models”). The Customer does not obtain any rights to the Generative Models themselves.
  3. PhotoGPT grants the Customer a perpetual, worldwide, non-exclusive, royalty-free, irrevocable license to reproduce, distribute, display, perform, and otherwise use the AI-generated images and other Assets that the Customer creates using the Service (the “Generations”). PhotoGPT will not assert any copyright or intellectual property claims over the Customer’s Generations, provided that the Customer complies with this Agreement and any applicable content policies.
  4. PhotoGPT shall not use, sell, rent, or otherwise exploit the Customer’s Uploads or personal data without the Customer’s explicit consent.

5. Prohibited Uses and Content

The Customer shall not use the Service in any way that violates applicable law or this Agreement. Prohibited conduct includes, but is not limited to, the following:


  1. Illegal or Harmful Content: Generating or distributing content that is unlawful, defamatory, obscene, abusive, pornographic, hateful, discriminatory, harassing, fraudulent, or otherwise objectionable. This includes content that exploits or endangers minors, promotes violence or illegal activities, or infringes on the rights of others.
  2. Violations of Privacy or Rights: Creating images or content depicting real individuals without their explicit consent, or otherwise violating a person’s privacy or publicity rights. The Customer must not use the Service to impersonate any person or entity, or to mislead others about the source of content
  3. Intellectual Property Infringement: Uploading protected material (such as copyrighted, trademarked, or secret content) that the Customer does not have the right to use, with the intent to generate derivative works.
  4. Automated Abuse: Using bots, scripts, scraping tools, or any automated means to access the Service or to extract data except as authorized by PhotoGPT. The Customer shall not attempt to reverse engineer, decompile, or otherwise access the source code or internal algorithms of the Service.
  5. Security Violations: Engaging in activities that disrupt or impair the Service or infrastructure, including transmitting malware, performing denial-of-service attacks, or attempting to bypass restrictions or safeguards.

The foregoing list is illustrative and not exhaustive. PhotoGPT reserves the right to determine, in its sole discretion, whether any content or use is prohibited. PhotoGPT may remove or refuse to process any content or conduct that it believes violates this Agreement or its community guidelines.

6. Community Guidelines

PhotoGPT expects customers to use the Service responsibly and respectfully. The Customer agrees to abide by the following community standards:


  1. Respectful Communication: The Customer shall not create, upload, or share content that is harassing, abusive, hateful, or otherwise disrespectful of individuals or groups. The Customer shall not engage in personal attacks, bullying, or retaliation
  2. No Restricted Content: The Customer shall not use the Service to create or share pornography, graphic violence, or other adult content. Content that is illegal or otherwise harmful (as described above) is strictly prohibited.
  3. Attribution and Permissions: The Customer shall not claim others’ creations as their own, and shall not share or distribute another user’s content without permission.
  4. Compliance with Law and Policies: The Customer shall follow all applicable laws and the terms of this Agreement when using the Service

Violations of these guidelines may result in suspension or termination of the Customer’s access to the Service, without refund

7. DMCA and Copyright Infringement

PhotoGPT uses artificial intelligence trained on public datasets to generate Assets. As a result, some image outputs may inadvertently resemble copyrighted or trademarked material owned by others. PhotoGPT respects the intellectual property rights of third parties and expects the same from its customers.


If a rights holder believes that any content on the Service infringes their copyright or trademark, the rights holder may send a written notice to PhotoGPT’s designated agent at [support@photogptai.com] (or any other contact information published on PhotoGPT’s website). The notice must include: (i) a physical or electronic signature of the rights holder or authorized agent; (ii) identification of the infringing material; (iii) a statement of good faith belief of infringement; and (iv) contact information. PhotoGPT will promptly investigate and, if warranted, remove or disable access to the allegedly infringing content in accordance with applicable law.


The Customer shall promptly notify PhotoGPT if they believe any content provided by other users infringes their rights, to allow PhotoGPT to take appropriate action.

8. Payment, Fees, and Refunds

  1. Subscription and Payment: Certain features of the Service may be offered for a fee. The Customer agrees to pay all fees and applicable taxes as described at the time of purchase. Payment may be processed through third-party payment processors. The Customer authorizes PhotoGPT or its agents to charge the Customer’s chosen payment method.
  2. Pricing Changes: PhotoGPT reserves the right to change pricing, credits, or subscription offerings at any time. If the Customer is on a subscription plan, changes in pricing will take effect at the next renewal period.
  3. Cancellation and Refund: The Customer may cancel any order within one (1) hour of placing the order in order to receive a full refund. After an order is processed and image generation has begun, all sales are final and non-refundable, except as provided below. PhotoGPT does not offer credits or refunds for partial use of services.
  4. Defective or Unsatisfactory Outputs: In the unlikely event that the delivered images are corrupted or do not meet the minimum technical quality standards described by PhotoGPT (e.g., images are unintelligible or severely distorted), the Customer should contact PhotoGPT support. At PhotoGPT’s sole discretion, PhotoGPT may attempt to regenerate the affected images or provide a replacement order. PhotoGPT’s liability for defective or unsatisfactory outputs is limited to providing a replacement at no additional cost; no cash refund will be provided beyond the one-hour cancellation window.
  5. Taxes: Fees are exclusive of taxes. The Customer is responsible for all taxes (e.g., VAT, sales tax) associated with the purchase of the Services, other than taxes based on PhotoGPT’s net income.

9. Customer Data and Ownership

  1. The Customer retains all rights, title, and interest in the photos, images, and data uploaded to the Service (“Customer Data”). PhotoGPT will not use, sell, rent, sublicense, or otherwise distribute the Customer’s Data for any purpose except to provide the Service, unless the Customer has given explicit consent.
  2. PhotoGPT will process the Customer’s Data only to the extent necessary to operate and improve the Service. PhotoGPT may store and analyze aggregated, anonymized usage data for system maintenance, security, and analytics.
  3. The Customer grants PhotoGPT a limited, non-exclusive, revocable license to use the Customer Data (excluding any rights not granted by this Agreement) solely for the purpose of providing the Service and as otherwise permitted by the Privacy Policy.

10. Term and Termination

  1. Term: This Agreement is effective upon the Customer’s acceptance and continues until terminated
  2. Termination by PhotoGPT: PhotoGPT may terminate or suspend the Customer’s access to the Service at any time and for any reason, including breach of this Agreement, illegal use, or inactivity. PhotoGPT will provide notice of termination via email or through the Service, but is not required to do so in case of severe violations.
  3. Termination by Customer: The Customer may stop using the Service at any time. To request account termination, the Customer may follow instructions provided in the Service or contact support.
  4. Effects of Termination: Upon termination of the Customer’s access, any licenses granted hereunder will immediately terminate. The Customer’s account will be deactivated and access to all Assets and Customer Data may be deleted or made inaccessible. All payment obligations for fees incurred prior to termination shall survive. No refunds will be issued for termination except as explicitly provided above.
  5. Survival: Sections concerning ownership, indemnification, limitation of liability, warranty disclaimer, and other provisions that by their nature should survive, will remain in effect after termination of this Agreement.

11. Indemnification

The Customer shall indemnify, defend, and hold harmless PhotoGPT (including its affiliates, officers, directors, employees, and agents) from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the Customer’s use of the Service; (b) any content the Customer submits, uploads, or generates using the Service; (c) the Customer’s violation of any law or of this Agreement; or (d) the Customer’s infringement of any third-party rights. PhotoGPT reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Customer.

12. Limitation of Liability

IN NO EVENT will PhotoGPT, TAIC LLC, or any of its officers, directors, employees, partners, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever (including, without limitation, loss of profits, loss of data, loss of business opportunities, or any other monetary loss) arising out of or related to this Agreement or the use or inability to use the Service, even if PhotoGPT has been advised of the possibility of such damages. In jurisdictions that do not allow exclusion or limitation of liability for consequential or incidental damages, PhotoGPT’s liability shall be limited to the maximum extent permitted by law. PhotoGPT’s aggregate liability arising from or relating to this Agreement shall in no event exceed the amount paid by the Customer to PhotoGPT for the Service giving rise to the liability, or one hundred U.S. dollars ($100), whichever is lower.

13. Disclaimer of Warranty

The Customer expressly agrees that use of the Service is at the Customer’s sole risk. The Service, including all content and materials provided through it, is provided “AS IS” and “AS AVAILABLE.” PhotoGPT and TAIC LLC make no warranties or representations about the accuracy, reliability, completeness, or timeliness of the Service or any outputs. PhotoGPT expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

14. Governing Law and Dispute Resolution

This Agreement and any disputes arising out of or related to the Service shall be governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any legal action or proceeding between PhotoGPT and the Customer relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction therein. Notwithstanding the foregoing, PhotoGPT may seek injunctive relief in any jurisdiction where necessary to protect its intellectual property or confidential information.

15. Miscellaneous

  1. Entire Agreement: This Agreement, along with the Privacy Policy and any other policies referenced herein (all of which are incorporated by reference), constitutes the entire agreement between PhotoGPT and the Customer with respect to the Service and supersedes all prior or contemporaneous agreements or communications.
  2. Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the parties’ intent.
  3. No Waiver: Failure by PhotoGPT to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision.
  4. Assignment: The Customer may not assign or transfer this Agreement or any rights granted under it without PhotoGPT’s prior written consent. PhotoGPT may assign or transfer its rights and obligations under this Agreement without restriction.
  5. Force Majeure: PhotoGPT shall not be liable or responsible for any delay or failure to perform due to events outside its reasonable control, including acts of God, war, terrorism, pandemics, government action, or failures of third-party services.
  6. Notices: PhotoGPT may provide notices to the Customer via email or through the Service interface. The Customer should provide contact information that is current and ensure delivery capability.
  7. Independence of the Parties: Nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employment relationship between PhotoGPT and the Customer. Neither party has authority to bind the other.

Note: For questions or concerns about these Terms and Conditions, or to exercise any rights under applicable law (such as rights to access or delete personal data), the Customer may contact PhotoGPT at the support channels provided on the PhotoGPT website.

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