Terms of Service

1. Acceptance of Terms

By accessing or using Photo Luma ("we," "our," or "us"), including our website, mobile application, and services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

Photo Luma provides an AI-powered photo editing service that allows users to remove objects, people, and other elements from photographs, as well as perform various image enhancement and editing functions. The Service is provided on a subscription and pay-as-you-go basis.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian.

3.2 Account Registration

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate, current, and complete
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violation of these Terms or for any other reason we deem necessary.

4. User Content and Intellectual Property

4.1 Your Content

You retain all ownership rights to images and content you upload to the Service ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to:

• Use, reproduce, and process your User Content to provide the Service
• Store your User Content on our servers
• Display your User Content as necessary to provide the Service
• Use your User Content for service improvement and quality assurance (in anonymized form where possible)

4.2 Prohibited Content

You agree not to upload, post, or transmit any User Content that:

• Violates any law, regulation, or third-party right
• Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
• Infringes on intellectual property rights of others
• Contains viruses, malware, or other harmful code
• Violates privacy or publicity rights of others
• Is pornographic, sexually explicit, or contains nudity
• Promotes violence, hate speech, or discrimination

4.3 Our Intellectual Property

The Service, including its design, features, functionality, and content (excluding User Content), is owned by Photo Luma and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

5. Payment Terms

5.1 Pricing

We offer various pricing plans, including subscription plans and pay-as-you-go options. All prices are displayed in U.S. dollars unless otherwise stated. We reserve the right to change our pricing at any time, but price changes will not affect active subscriptions until the next billing cycle.

5.2 Payment Processing

Payments are processed through third-party payment processors (Stripe). By making a payment, you agree to the payment processor's terms and conditions. We are not responsible for any errors or issues with payment processing.

5.3 Billing and Subscriptions

• Subscription plans are billed on a recurring basis (monthly or annually) as selected
• Subscriptions automatically renew unless cancelled before the renewal date
• You are responsible for all charges incurred under your account
• All fees are non-refundable except as required by law or as stated in our refund policy
• We reserve the right to change subscription fees with 30 days' notice

5.4 Refunds

Refunds are provided at our sole discretion and in accordance with applicable law. Generally, we do not provide refunds for:

• Completed image processing services
• Subscription fees after the subscription period has begun
• Pay-as-you-go credits that have been used

If you believe you are entitled to a refund, please contact us at support@photoluma.xyz.

5.5 Taxes

You are responsible for any taxes, duties, or fees imposed by your jurisdiction on purchases made through the Service. We may collect and remit taxes as required by law.

6. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available at all times or free from errors, interruptions, or defects. We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Perform maintenance that may temporarily interrupt service
• Limit access to certain features or impose usage restrictions
• Change the Service's features, functionality, or pricing

7. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Service to create content that violates third-party rights
• Resell or redistribute the Service without authorization

8. Disclaimers and Limitations of Liability

8.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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.

8.2 AI Processing Disclaimer

Our AI-powered editing features use automated processing that may not always produce perfect results. We do not guarantee that edited images will meet your expectations or be free from artifacts, errors, or imperfections. You are responsible for reviewing and approving all edited content before use.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTO LUMA 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, RESULTING FROM:

• Your use or inability to use the Service
• Any conduct or content of third parties on the Service
• Unauthorized access, use, or alteration of your content
• Any errors or omissions in the Service

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.4 Jurisdiction-Specific Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Photo Luma, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property or privacy rights
• Any User Content you submit or transmit through the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings. Upon termination, your right to use the Service will immediately cease.

10.2 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including if you breach these Terms.

10.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, though we may retain certain information as required by law or for legitimate business purposes. Sections of these Terms that by their nature should survive termination will survive.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

11.2 Dispute Resolution Process

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

11.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Digital Millennium Copyright Act (DMCA)

We respect intellectual property rights and will respond to notices of alleged copyright infringement in accordance with the DMCA. If you believe your copyrighted work has been infringed, please provide us with:

• A description of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

Send DMCA notices to: copyright@photoluma.xyz

13. Export Restrictions

The Service may be subject to export control laws. You agree not to export or re-export the Service in violation of any applicable export control laws or regulations.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Photo Luma regarding the Service and supersede all prior agreements and understandings.

16. Contact Information

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

• Email: legal@photoluma.xyz
• Support: Support Page
• Address: Photo Luma, [Your Business Address]