1. Agreement to Terms
By accessing or using FoodPhoto.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service. By using the Service, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
2. Description of Service
FoodPhoto.ai provides AI-powered food photography enhancement services, including but not limited to:
- Lighting correction and color enhancement
- Background removal and replacement
- Image upscaling and quality improvement
- Format optimization for delivery platforms (DoorDash, Uber Eats, Grubhub, etc.)
- Social media format exports
- People and object removal
3. Account Registration
To access certain features, you must create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password and account
- Promptly update any changes to your information
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access
4. Pricing and Payment
FoodPhoto.ai offers subscription plans and one-time top-up credit packs. By purchasing a plan or credits, you agree to:
- Pay all fees at the prices in effect when charges are incurred
- Provide valid payment information
- Authorize us to charge your payment method
Subscriptions: Subscription plans renew automatically on a monthly basis unless canceled. Subscription credits are added to your account after successful recurring payment. You can cancel anytime; cancellation takes effect at the end of the current billing period.
Top-ups: Top-up credit packs are one-time purchases (no recurring charges). Credits are added to your account after successful payment.
No free trials: We do not offer free trials. Paid features require an active subscription or available credits.
Credits: Credits are non-transferable and have no cash value. Credits do not expire while your account remains active and in good standing. We may adjust or remove credits in cases of refunds, chargebacks, suspected fraud, billing errors, or as required by law.
Refunds: We offer a 30-day money-back guarantee on your first purchase. Contact support within 30 days for a full refund. If a refund is issued, we may revoke access and/or remove credits associated with the refunded purchase. Subsequent purchases may be refunded at our discretion.
5. Acceptable Use Policy
You agree NOT to use the Service to:
- Upload content that infringes intellectual property rights
- Upload illegal, harmful, threatening, abusive, or offensive content
- Upload content depicting minors
- Attempt to reverse engineer, decompile, or extract our AI models
- Use the Service to build competing products
- Exceed rate limits or abuse the API
- Share account credentials with unauthorized parties
- Circumvent any security measures or access controls
- Use automated systems to access the Service without permission
- Interfere with or disrupt the Service or servers
6. Intellectual Property
Your Content
You retain full ownership of images you upload. By uploading content, you grant FoodPhoto.ai a limited, non-exclusive license to process your images for the purpose of delivering the Service. We do not claim ownership of your original or enhanced images.
Our Content
The Service, including its original content, features, and functionality, is owned by FoodPhoto.ai and protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without permission.
7. AI-Generated Content
Enhanced images are created using AI technology. You receive full commercial rights to use enhanced images for any lawful purpose. However, you acknowledge that:
- AI enhancements are automated and may not always meet expectations
- Results may vary based on input image quality
- We do not guarantee specific outcomes
8. Service Availability
We strive for 99.9% uptime but do not guarantee uninterrupted or error-free service. We may:
- Modify or discontinue features with reasonable notice
- Perform scheduled maintenance (typically during low-usage hours)
- Temporarily suspend service for emergency maintenance
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that results will meet your requirements.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOODPHOTO.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.
Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless FoodPhoto.ai and 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
- Your violation of any third-party rights
- Content you upload to the Service
12. Termination
We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms. Upon termination:
- Your right to use the Service ceases immediately
- Unused credits may be forfeited if your account is terminated for cause
- We may delete your data after 30 days
You may cancel your account at any time from the dashboard settings.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except that either party may seek injunctive relief in court for intellectual property violations.
Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions.
14. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice on the Service. Continued use after changes constitutes acceptance of the new Terms.
15. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and FoodPhoto.ai regarding the Service.
17. Contact Information
For questions about these Terms:
- Email: [email protected]
- Address: FoodPhoto.ai, Legal Department, 123 AI Street, San Francisco, CA 94102, USA