Terms of Service

1. Acceptance of Terms

Welcome to PhotoMania.ai ("Service", "we", "us", or "our"). By accessing or using our AI-powered photo effects platform at photomania.ai, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

We reserve the right to update these Terms at any time. We will notify you of significant changes by posting a notice on our website or sending you an email. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Description of Service

PhotoMania.ai is an AI-powered photo transformation platform that allows users to apply various effects, styles, and transformations to their photos using artificial intelligence technology. Our Service includes:

• AI-powered photo effects and transformations
• Photo upload and storage capabilities
• Social sharing features
• User account management
• Free and premium subscription tiers

3. User Accounts

To access certain features of the Service, you must create an account. You may sign up using:

• Google OAuth
• Apple Sign-In
• Email magic link authentication

You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content

4.1 Your Rights

You retain all ownership rights to the photos and content you upload to PhotoMania.ai. By uploading content, you grant us a limited, non-exclusive license to process, transform, and store your content solely for the purpose of providing the Service.

4.2 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to upload the content
• Your content does not infringe on any third party's intellectual property rights
• Your content does not violate any laws or these Terms
• You have obtained consent from any individuals depicted in your photos

4.3 Prohibited Content

You may not upload content that:

• Is illegal, harmful, threatening, abusive, or defamatory
• Contains nudity, sexually explicit material, or pornography
• Exploits minors in any way
• Promotes violence, discrimination, or hate speech
• Infringes on intellectual property rights
• Contains malware or harmful code
• Is used to create deepfakes or misleading content intended to deceive

5. AI-Generated Content

Our Service uses artificial intelligence to transform and enhance your photos. By using our AI features, you acknowledge that:

• AI outputs may vary and are not guaranteed to meet specific expectations
• We do not guarantee the accuracy, quality, or appropriateness of AI-generated results
• You are responsible for reviewing and appropriately using AI-generated content
• AI-generated content should not be used to deceive, defraud, or mislead others

You own the rights to the AI-generated outputs created from your uploaded content, subject to these Terms and any applicable third-party licenses.

6. Subscriptions and Payments

6.1 Free Tier

We offer a free tier with limited credits for generating AI effects. Free tier limitations may change at our discretion.

6.2 Premium Subscriptions

Premium subscriptions provide additional credits and features. By subscribing:

• You authorize us to charge your payment method on a recurring basis
• Subscriptions automatically renew unless cancelled before the renewal date
• You can cancel at any time through your account settings
• Refunds are provided in accordance with our refund policy

6.3 Credits

Credits are used to generate AI effects. Unused credits may expire according to your subscription plan terms. Credits are non-transferable and have no cash value.

7. Intellectual Property

The Service, including its design, features, functionality, and content (excluding user-uploaded content), is owned by PhotoMania.ai and is protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

8. Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems or bots to access the Service
• Reverse engineer or attempt to extract the source code of our Service
• Use the Service to send spam or unsolicited communications
• Impersonate any person or entity
• Circumvent any technical measures we use to provide the Service

9. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and associated data
• Any unused credits will be forfeited

You may terminate your account at any time by contacting us or using the account settings.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOMANIA.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify and hold harmless PhotoMania.ai, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved exclusively in the courts of Tel Aviv-Jaffa, Israel.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a notice on our website or sending an email to the address associated with your account. Your continued use of the Service after any changes indicates your acceptance of the modified Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at:

• Email: support@photomania.net