Terms and Conditions - AIPhotoMaker | Service Terms & User Agreement

Introduction and Acceptance

Welcome to AIPhotoMaker ("we," "us," "our," or the "Company"). These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the AIPhotoMaker website located at aiphotomaker.cloud and all related services, features, content, and applications (collectively, the "Services").

Important: By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and AIPhotoMaker. Please read them carefully before using our Services.

1. Definitions

For the purposes of these Terms:

"Services" refers to all photo editing tools, features, and functionalities provided by AIPhotoMaker, including but not limited to passport photo creation, background removal, and image enhancement.
"User Content" means any photos, images, or other materials you upload, submit, or provide to our Services.
"Account" refers to your registered user account (if applicable).
"Processed Images" means photos that have been edited or modified using our AI-powered tools.
"Premium Services" refers to paid features or services requiring payment.

2. Eligibility and User Requirements

2.1 Age Requirements

You must be at least 13 years of age to use our Services. If you are between 13 and 18 years old (or the age of legal majority in your jurisdiction), you may only use our Services with the consent and supervision of a parent or legal guardian.

2.2 Legal Capacity

By using our Services, you represent and warrant that:

You have the legal capacity to enter into binding contracts
You are not prohibited from using the Services under applicable laws
Your use of the Services complies with all applicable local, state, national, and international laws
You will provide accurate and complete information

2.3 Geographic Restrictions

Our Services are primarily intended for users in India but are accessible globally. Users from certain jurisdictions may have additional rights or restrictions as outlined in our Privacy Policy.

3. Description of Services

3.1 Core Services

AIPhotoMaker provides the following services:

Passport Photo Maker: AI-powered tool to create government-compliant passport photos from casual selfies
Background Remover: Automated background removal from images
Joint Photo Maker: Combine multiple photos into a single frame
Image Enhancement: AI-driven color correction, cropping, and quality improvements

3.2 Free vs. Premium Services

Free Services: Basic photo editing with watermarked preview or ad-supported downloads
Premium Services: High-resolution downloads, watermark-free images, bulk processing, and advanced features (pricing displayed at time of purchase)

3.3 Service Availability

We strive to provide 24/7 availability but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Services with or without notice for maintenance, updates, or other reasons.

4. User Accounts (If Applicable)

4.1 Account Creation

Some features may require account registration. When creating an account:

Provide accurate, current, and complete information
Maintain and update your information to keep it accurate
Maintain the security of your password
Notify us immediately of any unauthorized access

4.2 Account Responsibilities

You are responsible for all activities under your account. We are not liable for any loss or damage from your failure to maintain account security.

4.3 Account Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your account if you violate these Terms.

5. User Content and Intellectual Property

5.1 Ownership of User Content

You retain all ownership rights to the photos and images you upload ("User Content"). By uploading User Content, you confirm that:

You own the rights to the User Content or have obtained necessary permissions
The User Content does not infringe on any third-party rights
You have consent from individuals appearing in photos (especially minors)

5.2 License Grant to AIPhotoMaker

By uploading User Content, you grant AIPhotoMaker a limited, non-exclusive, royalty-free, worldwide license to:

Process, store, and display your User Content solely for providing the Services
Use AI algorithms to edit and enhance your images as requested
Temporarily store images for the duration necessary to provide the service (maximum 24 hours)

Important: We do not use your photos for any other purpose, including marketing, training AI models, or sharing with third parties (except as required to provide the service).

5.3 AIPhotoMaker Intellectual Property

All rights, title, and interest in the Services, including:

Website design, layout, and user interface
AI algorithms and processing technology
Software code and architecture
Trademarks, logos, and branding

...are owned by AIPhotoMaker and protected by copyright, trademark, and other intellectual property laws.

5.4 Prohibited Uses of Intellectual Property

You may not:

Copy, modify, or reverse engineer our Services or technology
Use our trademarks or branding without permission
Create derivative works or competing services based on our platform
Extract or scrape data from our Services using automated means

6. Acceptable Use Policy

6.1 Permitted Uses

You may use our Services for:

Creating passport photos for official documents
Personal photo editing and enhancement
Professional use (business profiles, resumes, etc.)
Educational purposes

6.2 Prohibited Activities

You agree NOT to use our Services to:

Upload Illegal Content: Images depicting illegal activities, violence, pornography, or child exploitation
Infringe Rights: Upload copyrighted images without permission or images violating others' privacy/publicity rights
Create Fake Documents: Use edited photos to create fraudulent identification or official documents
Harassment: Upload images intended to harass, threaten, or defame individuals
Spam/Abuse: Engage in automated uploading, excessive requests, or service abuse
Hacking: Attempt to breach security, access unauthorized areas, or interfere with service operation
Malware: Upload files containing viruses, malware, or malicious code
Impersonation: Impersonate others or falsely represent affiliation with AIPhotoMaker

6.3 Consequences of Violation

Violation of this Acceptable Use Policy may result in:

Immediate removal of violating content
Suspension or termination of your access
Legal action and cooperation with law enforcement
Liability for damages caused by your violations

7. Payment and Billing Terms

7.1 Pricing

Prices for Premium Services are displayed in Indian Rupees (INR) at the time of purchase. Prices are subject to change without notice, but changes will not affect orders already placed.

7.2 Payment Processing

Payment Gateway: Payments are processed securely through PhonePe
Payment Methods: We accept UPI, credit/debit cards, net banking, and wallet payments
Currency: All transactions are in INR
Security: We do not store your payment card information

7.3 Refund Policy

Digital Products: Due to the instant delivery nature of our services:

Refunds are generally not provided after successful photo download
If you experience technical issues preventing download, contact us within 24 hours
Refunds for technical failures will be processed within 7-10 business days
We reserve the right to issue refunds at our discretion

7.4 Taxes

Prices include applicable GST (Goods and Services Tax) as required by Indian law. GST details will be shown on your invoice.

7.5 Billing Disputes

For billing questions or disputes, contact us at aiphotomaker99@gmail.com within 30 days of the transaction.

8. Disclaimers and Warranties

8.1 Service "As Is"

IMPORTANT: Our Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability or fitness for a particular purpose
Warranties of non-infringement
Warranties that the Services will be uninterrupted, error-free, or secure

8.2 No Guarantee of Results

While we strive for high quality, we do not guarantee that:

Edited photos will be accepted by government authorities or official agencies
AI processing will meet your specific expectations
The Services will be suitable for your particular needs
Photos will be free from defects or errors

Recommendation: Always verify that edited photos meet official requirements before submission.

8.3 Third-Party Services

We integrate third-party services (PhonePe for payments, Remove.bg for background removal). We are not responsible for:

Third-party service availability or performance
Third-party privacy practices or terms
Losses resulting from third-party service failures

8.4 User Responsibility

You are solely responsible for:

Verifying that photos meet official requirements
Ensuring compliance with destination country regulations
Backing up important photos before processing
Maintaining internet connection during uploads/downloads

9. Limitation of Liability

9.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AIPhotoMaker's total liability for any claims related to the Services is limited to the amount you paid us in the 12 months preceding the claim (or Rupee 100, whichever is greater).

9.2 Excluded Damages

WE ARE NOT LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Rejection of photos by official authorities
Delays in visa, passport, or document processing
Emotional distress or reputational damage
Losses from unauthorized access to your account

9.3 Basis of the Bargain

These limitations reflect the allocation of risk between us. The Services' pricing reflects these limitations, and you would not be able to obtain the Services at this price without them.

9.4 Applicable Law

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

10. Indemnification

You agree to indemnify, defend, and hold harmless AIPhotoMaker, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney fees) arising from:

Your use or misuse of the Services
Violation of these Terms or applicable laws
Infringement of third-party intellectual property or privacy rights
User Content you upload or submit
Fraudulent or illegal activities conducted through your account

We reserve the right to assume exclusive defense of any claim, and you will cooperate with our defense efforts.

11. Data Protection and Privacy

11.1 Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it to understand our data practices.

11.2 Image Handling

Temporary Storage: Uploaded images are stored temporarily for processing (maximum 24 hours)
Automatic Deletion: All images are automatically deleted after 24 hours
Encryption: All uploads/downloads use HTTPS/SSL encryption
No Sharing: We do not share your images with third parties except as necessary to provide the service

11.3 Your Data Rights

You have rights regarding your personal data as outlined in our Privacy Policy, including access, correction, deletion, and objection rights.

12. Modifications to Terms and Services

12.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

We will update the "Last Updated" date at the top
For material changes, we will provide notice via email or website banner
Continued use after changes constitutes acceptance of new Terms
If you disagree with changes, discontinue use of the Services

12.2 Changes to Services

We may modify, suspend, or discontinue any aspect of the Services at any time, including:

Adding or removing features
Changing pricing or payment terms
Implementing usage limits
Discontinuing support for certain file formats or sizes

We are not liable for any modifications, suspensions, or discontinuations.

13. Termination

13.1 Termination by You

You may stop using our Services at any time. If you have an account, you may request deletion by contacting us.

13.2 Termination by Us

We may suspend or terminate your access immediately, without prior notice, if:

You violate these Terms
You engage in fraudulent or illegal activities
You abuse or misuse the Services
Required by law or legal process
Continued provision creates security or liability risks

13.3 Effect of Termination

Upon termination:

Your right to use the Services immediately ceases
Your account and data will be deleted (subject to legal retention requirements)
You remain liable for any obligations incurred before termination
Provisions that should survive termination (disclaimers, limitations of liability) will continue to apply

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in [Thanwala, Rajasthan], India.

14.3 Informal Resolution

Before filing a legal claim, we encourage you to contact us at aiphotomaker99@gmail.com to seek informal resolution. We commit to working in good faith to resolve disputes.

14.4 Arbitration (Optional)

Parties may agree to resolve disputes through binding arbitration under Indian Arbitration and Conciliation Act, 1996, with arbitration conducted in [Thanwala].

14.5 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AIPhotoMaker regarding the Services.

15.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

15.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights without our consent. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, internet outages, or government actions.