Last updated and effective date: 4 October 2024
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS") CAREFULLY BEFORE USING THE SERVICES PROVIDED BY YOURAIPHOTOGRAPHER.COM. THIS AGREEMENT OUTLINES THE LEGALLY BINDING TERMS AND CONDITIONS GOVERNING YOUR USE OF THE YOURAIPHOTOGRAPHER WEBSITE, INCLUDING ALL FEATURES, CONTENT, AND SERVICES OFFERED THROUGH YOURAIPHOTOGRAPHER.COM OR RELATED APPLICATIONS ("SERVICES"). BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.
By using the Services, you agree to these Terms of Use, without modification, along with any other rules, policies, or guidelines that may be published in connection with the Services by YourAIphotographer. Some specific services may have additional terms and conditions, which will be provided when relevant. Your use of those services constitutes acceptance of the additional terms, which are considered part of this Agreement.
YourAIphotographer reserves the right, at its sole discretion, to refuse the Service to any individual or entity and may modify its eligibility criteria at any time. Where prohibited by law, the right to access the Service is revoked in those jurisdictions.
By using the YourAIphotographer service, you agree that the Service is intended solely for the creation of AI-generated models of yourself or other individuals for whom you have obtained explicit consent. When creating AI models of others, you must have their express permission to use their images, and to generate and train AI models based on their likeness.
As a condition of use, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. For example, and without limitation, you agree not to (and will not allow any third party to) engage in any actions, including but not limited to:
You are strictly prohibited from using the Service to generate any nude or pornographic content.
By using the Service and uploading any content, you expressly acknowledge that you will not upload or share any photographs or content depicting minors (individuals under the age of 18). In compliance with applicable laws, we reserve the right to monitor, review, and remove any content featuring minors and to report instances of child exploitation or abuse to law enforcement authorities. By using our platform, you consent to such monitoring and understand that violations of these terms may result in legal consequences.
Additionally, you agree not to:
YourAIphotographer uses artificial intelligence systems to generate images ("Assets"). While we strive to avoid infringement, these AI-generated Assets may inadvertently resemble copyright-protected material or trademarks owned by others. We respect intellectual property rights worldwide and ask our users to do the same.
If you believe that your copyright or trademark is being infringed by the Service, please contact us at [email protected]. We will investigate your claim and take appropriate actions in accordance with the Digital Millennium Copyright Act (DMCA) and other relevant intellectual property laws.
YourAIphotographer reserves the right, at its sole discretion, to modify or update these Terms of Use, or to change, suspend, or discontinue the Service (including the availability of any feature, database, or content) at any time. Notification of changes may be provided by posting an update on the YourAIphotographer website or by sending you an email. Additionally, YourAIphotographer may impose limitations on certain features or restrict access to parts or all of the Service without prior notice or liability.
It is your responsibility to periodically review the Terms of Use for any changes. Continued use of the Service after any modifications are posted constitutes your acceptance of the revised Terms.
All YourAIphotographer logos, marks, and designations are trademarks or registered trademarks of YourAIphotographer. Any other trademarks mentioned on this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without prior written consent from YourAIphotographer or the respective trademark owners.
Certain features, functionalities, or portions of YourAIphotographer's products may be protected under pending or granted patents.
Subject to your compliance with this Agreement and applicable laws, YourAIphotographer grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the Service for personal or business purposes. You own all Assets created using the Service, and we assign to you all rights, title, and interest in those Assets for your personal or commercial use. All other rights not expressly granted are reserved by YourAIphotographer. Each user must have a unique account, and you are responsible for all activity conducted through your account. Any violation of these Terms may result in the immediate termination of your right to use the Service.
By using the Service, you grant YourAIphotographer, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, modify, publish, transmit, create derivative works from, publicly display, and distribute any text prompts or images you input, as well as the Assets produced by the Service. This license allows YourAIphotographer to make these Assets available for maintaining, promoting, and improving the Service, and to comply with legal obligations. You acknowledge that no compensation will be provided for this license, as your use of the Service is deemed sufficient consideration.
Additionally, you grant other users of the Service a worldwide, non-exclusive, royalty-free license to access and use your publicly available Assets as enabled by the features of the Service (e.g., to reproduce, distribute, modify, display). The license granted to YourAIphotographer survives termination of this Agreement for any reason.
By using YourAIphotographer, you agree that you will receive immediate access to digital content upon completing your purchase, and therefore, you expressly waive your right to withdraw from the purchase, including any right to a refund.
YourAIphotographer operates on a credit-based system, not a subscription model. You purchase credits, which can be used to access various features and services. All purchases are final, and no refunds or credits will be provided once the transaction is complete, regardless of usage or remaining credits.
YourAIphotographer reserves the right to adjust its pricing for credits at any time. Any price changes will apply to future purchases and will not affect credits already acquired.
Unless explicitly stated otherwise, credit purchases do not include applicable taxes, duties, or similar assessments ("Taxes"). You are responsible for paying any Taxes associated with your purchase, and we may invoice you for such amounts. You agree to pay these Taxes promptly and provide any necessary documentation of payment if required. Failure to pay any outstanding fees or taxes may result in the suspension of your access to the Service after we provide you with notice.
You may not create multiple accounts to exploit any free offers or promotions. If we determine that the free tier is being used in bad faith, we reserve the right to suspend your access or charge standard fees for services.
YourAIphotographer reserves the right to terminate your access to any or all parts of the Service at any time if you fail to comply with these Terms of Use. Termination may result in the forfeiture and deletion of all information associated with your account. Additionally, either party may terminate the Services at any time, for any reason, with written notice.
If you wish to terminate your account, you may do so by following the instructions provided within the Service. Please note that any fees or credits paid are non-refundable, even upon termination. Upon termination, all rights and licenses granted to you under this Agreement will immediately cease. However, any provisions that by their nature should survive termination—including, but not limited to, warranty disclaimers, indemnity, and limitations of liability—will continue to be in effect.
You agree to defend, indemnify, and hold harmless YourAIphotographer, its affiliates, and their employees, contractors, directors, suppliers, and representatives from any liabilities, losses, claims, and expenses, including reasonable attorneys' fees, arising from or related to: (i) your use or misuse of, or access to, the Service; or (ii) your violation of these Terms of Use, or any applicable law, contract, policy, regulation, or other obligation.
YourAIphotographer reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with YourAIphotographer in defending such a matter.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOURAIPHOTOGRAPHER, ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, DATA LOSS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS INCLUDES, BUT IS NOT LIMITED TO, (I) YOUR RELIANCE ON THE SERVICE, (II) ANY FAILURE OR INTERRUPTION OF SERVICE, AND (III) DIRECT DAMAGES THAT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE OR $500, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICE AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICE, INCLUDING BUT NOT LIMITED TO THE YOURAIPHOTOGRAPHER WEB APP AND ALL CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NO N-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR USAGE OF TRADE. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By accessing the Services, you confirm that you are at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Use in your country, your parent or legal guardian must agree to these Terms on your behalf.
Please ensure that your parent or guardian reviews these terms with you. If you are a parent or legal guardian and allow your minor child to use the Services, you agree that these terms also apply to you, and you accept responsibility for your child's use of the Services. YourAIphotographer makes no guarantees as to the suitability of the Assets for any particular age group.
These Terms of Use constitute the entire agreement between you and YourAIphotographer regarding the Service, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and YourAIphotographer. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary, so the remaining Terms will continue to be fully enforceable.
The failure of either party to enforce any right or provision of these Terms shall not be considered a waiver of such right or provision. YourAIphotographer will not be held liable for any failure to fulfill its obligations due to causes beyond its reasonable control.
These Terms are personal to you and are not transferable or assignable by you without prior written consent from YourAIphotographer. However, YourAIphotographer may assign, transfer, or delegate any of its rights or obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and YourAIphotographer, and neither party has the authority to bind the other in any way.
Except as stated otherwise, all notices under these Terms must be in writing and will be considered duly given when received if delivered personally, sent by certified or registered mail (return receipt requested), electronically confirmed via email or facsimile, or two days after dispatch by recognized overnight delivery service.
If you have any questions about the Service, feel free to reach out via email at [email protected].
Subject to these Terms, YourAIphotographer grants you a limited, non-exclusive, revocable, and personal license to access and use the Site for non-commercial and informational purposes only.
Unless otherwise expressly stated by YourAIphotographer, all content displayed or made available on the Site—including but not limited to text, images, illustrations, designs, logos, domain names, service marks, software, and the selection, compilation, and arrangement of these elements—is owned by YourAIphotographer, its affiliates, licensors, or other third parties ("Site Content"). The Site and all Site Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, the United Kingdom, and international jurisdictions. All rights are reserved.
All registered and unregistered trademarks, logos, and service marks are the property of YourAIphotographer or their respective owners. Nothing on the Site should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark without the prior written permission of the owner, except as expressly allowed by these Terms.
You are fully responsible for your activities while using the Site, including any content, information, or materials you post or upload, and you assume all risks associated with your use of the Site. By agreeing to these Terms, you confirm that you will comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. Additionally, you agree not to use the Site for any prohibited conduct or assist others in doing so.
We reserve the right (but are not obligated) to:
You are prohibited from using the Site for harmful or illegal activities. Specifically, you must not:
We adhere to the procedures outlined in the Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. § 512, for reporting copyright infringement and removing or disabling access to infringing material. If you have a good faith belief that copyrighted content on the Site is being used without proper authorization, you may submit a Notice of Infringing Material.
Before submitting a notice, you may wish to consult an attorney to better understand your rights and obligations under the DMCA and other applicable laws. Failure to meet the requirements of section 512(c)(3) could render your notice ineffective.
We will terminate or disable your access to the Site if, in our sole judgment, you are determined to be a repeat copyright infringer in accordance with applicable laws and our policies.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOURAIPHOTOGRAPHER MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
YOURAIPHOTOGRAPHER reserves the right in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that YOURAIPHOTOGRAPHER will not be liable to you or to any third party for any modification or discontinuance of the Site, except as set forth in the "Limitation of Liability" section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Site. Users are responsible for using the Site in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as these Terms. Any violation of these Terms may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER YOURAIPHOTOGRAPHER NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOURAIPHOTOGRAPHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (B) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SITE; OR (C) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL YOURAIPHOTOGRAPHER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties' websites. Similarly, you may have come to the Site via a link from another website. The terms of use of other websites do not apply to the Site. YourAIphotographer assumes no responsibility for any terms of use or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by YourAIphotographer or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless you are otherwise permitted by us to do so in accordance with a license or subject to separate terms.
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You and YourAIphotographer agree that any and all disputes, claims, demands, or causes of action ("Claims") that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court's jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury.
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Before commencing any arbitration (or suit in small claims court, if available), you agree to provide YourAIphotographer with a written notice of Claim, and YourAIphotographer agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information ("Notice"). The Notice to YourAIphotographer shall be sent to [email protected]. Where YourAIphotographer has your contact information, YourAIphotographer will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a "Notice Address"). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party's Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount.
Our commitment to privacy and data protection is reflected in this Privacy Statement which describes how we collect and process "personal information" that identifies you, like your name or email address.
We learn information about you when:
You directly provide it to us. For example, we collect:
We use each category of personal information about you:
For legal inquiries, please email us at [email protected]. For general questions, you can reach us at the same address.
We may need to change this Privacy Statement and our notices from time to time. Any updates will be posted online with an effective date. Continued use of our services after the effective date of any changes constitutes acceptance of those changes.