Terms of Service

1. Acceptance

These Terms of Service ("Terms") govern your access to and use of Photona.ai and related services (the "Service"). By using the Service, you agree to these Terms with Photona AI, Inc..

2. The service

Photona provides an AI-based headshot generation service that creates image outputs from photos and prompts you submit.

3. Account eligibility and security

• You must be at least 18 years old to use the Service.
• You agree to provide accurate account information.
• You are responsible for maintaining the confidentiality of your account credentials and for account activity.

4. Your content and license to us

You retain ownership of photos and prompts you upload.

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, and transform your uploads only as needed to operate and improve the Service for you.

You represent and warrant that you have all rights needed to upload and process submitted content, including consent from any identifiable person shown.

5. Generated output

Subject to your compliance with these Terms and applicable third-party model policies, you own the headshot outputs generated for your account.

You are responsible for your use of generated outputs, including ensuring your use does not violate law, rights of others, or platform policies.

6. Prohibited uses

You may not use the Service to:

• Impersonate or create deceptive deepfakes of another person.
• Process content involving minors, sexual exploitation, or abusive material.
• Harass, defame, threaten, or violate privacy, publicity, or intellectual property rights.
• Generate or distribute unlawful or fraudulent content.
• Reverse engineer, disrupt, or abuse the Service.

7. Credits, pricing, and billing

The Service uses prepaid credits. Credit packs and pricing are shown at purchase and processed through Stripe. Credits are non-transferable and have no cash value except where required by law.

Purchased credits are generally non-refundable after consumption. Unused credits may expire based on your selected plan terms.

8. Refunds

If you are unsatisfied, contact us within 7 days of purchase at support@photona.ai. We may offer refunds at our discretion when legally permitted and when credits have not been materially used.

9. Intellectual property

The Service, including our software, designs, trademarks, and branding, is owned by Photona AI, Inc. or its licensors and protected by law.

10. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, Photona AI, Inc. and its affiliates are not liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, data, or goodwill.

Our total liability for claims related to the Service will not exceed the greater of (a) amounts you paid us in the 12 months before the claim, or (b) $100 USD.

12. Indemnity

You agree to defend, indemnify, and hold harmless Photona AI, Inc., its officers, employees, and agents from claims, liabilities, damages, and expenses arising from your content, your use of the Service, or your violation of these Terms or applicable law.

13. Termination

You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms, create legal risk, or misuse the Service.

14. Governing law and disputes

These Terms are governed by the laws of Delaware, United States, without regard to conflicts of law principles.

Any dispute will be resolved by binding arbitration or courts of competent jurisdiction in Delaware, unless applicable consumer protection law in your home jurisdiction requires otherwise. To the extent permitted by law, you and Photona AI, Inc. waive class-action participation.

15. Changes to these terms

We may update these Terms from time to time. Continued use of the Service after an updated effective date means you accept the revised Terms.

16. Contact

Questions about these Terms can be sent to support@photona.ai.