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
- You must provide accurate, complete, and current registration information
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must immediately notify us of any unauthorized access or security breach
- We reserve the right to suspend or terminate accounts for security reasons
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
- Subscriptions are billed through Apple App Store or Google Play Store
- Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
- You can manage or cancel subscriptions in your device's account settings
- No refunds for partial subscription periods, except as required by applicable law
- Prices may change with 30 days' notice
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:
- Upload illegal, harmful, threatening, abusive, defamatory, or offensive content
- Upload content that infringes intellectual property rights of others
- Upload content containing nudity, pornography, or sexually explicit material
- Upload content depicting violence, self-harm, or illegal activities
- Use the App for harassment, stalking, or intimidation
- Attempt to reverse engineer, decompile, or hack the App
- Circumvent security measures or access restrictions
- Use automated systems (bots, scrapers) to access the service
- Interfere with or disrupt the service or servers
- Impersonate others or provide false information
- Use the service for any unlawful purpose
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