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Terms of Service

Effective Date: December 23, 2024

1. Acceptance of Terms

By downloading, installing, accessing, or using PhotoMentor ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all terms, do not use the App. These Terms constitute a legally binding agreement between you and PhotoMentor ("Company," "we," "us," or "our").

2. Eligibility

You must be at least 13 years old (or 16 in certain jurisdictions) to use the App. By using the App, you represent and warrant that you meet these requirements and have the legal capacity to enter into these Terms.

3. Description of Service

PhotoMentor provides: AI-powered photo analysis and feedback; photography education courses; pose reference library; progress tracking and analytics; and related features. Services may be modified, updated, or discontinued at our discretion.

4. Account Registration and Security

5. Subscription and Billing

5.1 Free and Pro Tiers

PhotoMentor offers free features with limited usage and a Pro subscription with unlimited access.

5.2 Billing

5.3 Free Trials

Free trials automatically convert to paid subscriptions unless cancelled before the trial ends. Trial eligibility is determined at our sole discretion.

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to photos and content you upload. By uploading, you grant us a limited, non-exclusive, royalty-free license to process your content solely for providing the service (AI analysis).

6.2 Our Content

The App, including all content, features, functionality, graphics, logos, and trademarks, is owned by PhotoMentor and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our written consent.

6.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without any obligation to compensate you.

7. Acceptable Use Policy

You agree NOT to:

Violation may result in immediate account termination.

8. AI Analysis Disclaimer

Educational Purpose Only: AI-powered analysis and feedback are provided for educational and informational purposes only.

No Guarantees: AI results are generated by artificial intelligence and may not always be accurate, complete, or suitable for your needs. We make no guarantees regarding the accuracy or usefulness of AI feedback.

No Professional Advice: Our service does not constitute professional photography advice or training. Always use your own judgment.

Continuous Improvement: AI models are updated periodically, and results may vary over time.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTOMENTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

11. Indemnification

You agree to indemnify, defend, and hold harmless PhotoMentor and its affiliates from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from: (a) your use of the App; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your content.

12. Termination

We may suspend or terminate your account and access at any time, with or without cause, with or without notice. Upon termination: your license to use the App terminates immediately; you remain liable for any outstanding payments; provisions that by nature should survive will survive (e.g., indemnification, limitation of liability).

13. Dispute Resolution

13.1 Informal Resolution

Before filing any claim, you agree to contact us at legal@photomentor.app and attempt to resolve the dispute informally for at least 30 days.

13.2 Arbitration

Any disputes not resolved informally shall be resolved by binding arbitration, except for claims that may be brought in small claims court. Arbitration shall be conducted on an individual basis; class actions are waived.

13.3 Exceptions

Either party may seek injunctive relief for intellectual property violations or security breaches.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where PhotoMentor is registered, without regard to conflict of law principles.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or in-App notification at least 30 days before taking effect. Continued use after changes constitutes acceptance.

16. Severability

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

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and PhotoMentor regarding the App.

18. Contact Information

For questions about these Terms:

Email: legal@photomentor.app