Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") govern access to and use of phototune.ai, related websites, applications, tools, features, and services offered under the Phototune name (collectively, the "Service"). The Service is operated by LIMITED LIABILITY COMPANY "SSSTIK", with a registered address at 2B Mykilsko-Slobidska Street, Room 277, Kyiv, Ukraine 02002 ("Phototune", "we", "us", or "our").

By accessing or using the Service, creating an account, uploading content, or purchasing a subscription or credits, you agree to these Terms, the Privacy and Cookies Policy and the Refund and Cancellation Policy, and any additional terms displayed at the point of purchase or use. If you do not agree, do not use the Service.

If you use the Service on behalf of a business or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Eligibility

You may use the Service only if you have the legal capacity to enter into a binding agreement under the laws applicable to you.

If you are under the age of legal majority where you live, you may use the Service only with the permission and supervision of a parent or legal guardian. You may purchase subscriptions or credits only if you are legally authorized to make the purchase or have obtained the required permission.

3. The Service

Phototune provides AI-assisted image editing and generation features, which may include watermark removal, background removal or replacement, image enhancement, upscaling, deblurring, object removal, image generation, and related tools. Features, supported formats, output limits, and credit costs may change over time.

Some features may be free, limited, experimental, offered as previews, or available only with an account, subscription, credit purchase, or other eligibility requirement. We may add, modify, limit, suspend, or discontinue features where reasonably necessary, including for security, legal, technical, supplier, or commercial reasons.

The Service may use third-party artificial intelligence models, cloud infrastructure, storage, security, analytics, customer support, payment, and other service providers. We do not guarantee that a particular provider, model, or processing method will remain available.

4. Accounts and Account Security

• You must provide accurate and current information and keep it updated.
• You are responsible for safeguarding your login credentials and for activity under your account.
• You must not share, sell, rent, or transfer your account or paid access unless Phototune expressly permits it.
• You must notify us promptly at contact@phototune.ai if you believe your account has been compromised.
• We may require verification or additional security steps to protect the Service, users, and payments.

You may request account deletion through available account controls or by contacting us. Deleting an account does not automatically cancel a subscription managed by a payment provider or app store; you must separately cancel recurring billing through the applicable billing channel.

5. User Content

"User Content" means images, files, text prompts, instructions, selections, feedback, and other materials that you upload, submit, or provide through the Service. "Output" means images or other results generated or modified through the Service.

You retain any rights you hold in your User Content. You grant Phototune a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, reproduce, modify, and otherwise process User Content only as reasonably necessary to:

• provide the feature you requested and generate the Output;
• temporarily store and display User Content and Output in your processing history;
• operate, secure, troubleshoot, maintain, and support the Service;
• prevent fraud, abuse, and violations of these Terms;
• comply with applicable law and valid legal requests;
• disclose and transmit User Content to third-party AI providers, including for the provider purposes described in the Privacy and Cookies Policy.

This license ends when the relevant content is deleted from active systems, except to the extent limited copies must be retained for legal, security, dispute-resolution, or backup purposes.

Phototune does not intentionally use uploaded images or Outputs to train its own artificial intelligence models.

However, the Service may rely on third-party artificial intelligence providers to process User Content and generate Outputs. Depending on the provider, its applicable terms, and the technical configuration used, submitted images, prompts, settings, and Outputs may be used by that provider to operate, maintain, evaluate, improve, or train its models or services.

Phototune may use aggregated or de-identified usage information, performance metrics, error data, and voluntary feedback to operate, analyze, develop, and improve the Service. Where required by applicable law, we will provide additional notice or obtain consent before using identifiable User Content for purposes beyond providing the requested functionality.

6. Your Responsibilities for User Content

You represent and warrant that you have all rights, permissions, and lawful bases necessary to upload and process User Content and to authorize Phototune and its service providers to process it under these Terms.

In particular, you must not use watermark removal or similar tools to remove ownership, attribution, licensing, authenticity, or rights-management information from content unless you own the content or have permission or another lawful basis to do so.

You are solely responsible for reviewing Outputs before relying on, publishing, distributing, or using them. Phototune does not verify the ownership, legality, factual accuracy, authenticity, or suitability of User Content or Outputs.

7. Prohibited Uses

You may not use or attempt to use the Service to:

• violate any law, regulation, court order, contract, intellectual property right, privacy right, publicity right, or other right;
• process content you do not have the right or permission to use;
• create, upload, distribute, or facilitate illegal, abusive, exploitative, deceptive, or harmful content;
• impersonate another person, misrepresent the origin or authenticity of content, or facilitate fraud or identity deception;
• upload malware, malicious code, corrupted files, or content designed to disrupt or compromise systems;
• probe, scan, test, bypass, disable, or interfere with security, rate limits, usage limits, access controls, or billing mechanisms;
• use bots, scrapers, scripts, or automated systems beyond interfaces or APIs expressly authorized by Phototune;
• reverse engineer, decompile, extract models, discover source code, or reproduce protected components except where applicable law expressly permits it;
• resell, sublicense, share, or commercially provide access to the Service, subscriptions, or credits without written authorization;
• create multiple accounts or use technical measures to obtain free credits, trials, discounts, or refunds improperly;
• use the Service in a manner that imposes unreasonable load, interferes with other users, or threatens the security or availability of the Service.

You may not use the Service to create, upload, process, generate, distribute, or facilitate:

• pornographic or sexually explicit content;
• non-consensual intimate content;
• any sexual, exploitative, or abusive content involving minors;
• content that infringes or misappropriates any copyright, trademark, privacy, publicity, or other rights of another person;
• content that you do not own or otherwise have the necessary rights, permissions, or lawful basis to use.

We may investigate suspected violations, restrict processing, remove content, suspend access, revoke improperly obtained credits, or terminate accounts. Where appropriate, we may preserve relevant records and cooperate with lawful requests from authorities.

8. AI Outputs and Important Limitations

• AI processing is probabilistic and may produce unexpected, inaccurate, incomplete, distorted, or unsuitable results.
• Outputs may not be unique. The same or similar Output may be generated for other users.
• We do not guarantee that an Output is free from third-party rights, suitable for a particular commercial use, or eligible for copyright or other protection.
• The Service is not intended to provide legal, medical, financial, forensic, identity-verification, or other professional advice.
• You must apply human review and independently verify Outputs before using them for important decisions, publication, advertising, evidence, or regulated purposes.

9. Free Access, Credits, and Usage Limits

Phototune may provide free usage, promotional credits, registration bonuses, trials, or other limited access. Free or promotional benefits may be changed, limited, revoked, or discontinued and generally have no cash value.

Paid and promotional credits are units of access to eligible features. Credit costs may vary by feature, model, file size, output type, or processing complexity and will be displayed in the Service or on the pricing page.

• Credits are personal to the account and are not transferable, resalable, or redeemable for cash, except where required by applicable law.
• Free and promotional credits may have separate expiration dates, usage restrictions, or feature limitations disclosed when they are granted.
• Where an account contains credits with different expiration dates, Phototune will generally deduct the credits that expire first.
• Credits used for a successfully completed processing request are consumed even if you subjectively dislike the result.
• Where a request fails because of a verified Phototune system error, we may automatically restore the affected credits or provide another reasonable remedy.
• We may correct credit balances affected by fraud, abuse, technical errors, payment reversals, refunds, or chargebacks.

Additional plan-specific allocation, rollover, and expiration rules are described below and may also be displayed on the pricing page, purchase screen, or account interface.

10. Subscriptions

Paid subscriptions provide access to the features, limits, and credits described at the time of purchase. Unless clearly identified as non-renewing, subscriptions automatically renew for successive periods until cancelled.

For monthly and annual subscription plans, subscription credits may be allocated monthly rather than provided as a single allocation for the entire subscription period.

Unused subscription credits may roll over while the subscription remains active. The maximum balance of unused subscription credits that may be carried forward is 1,000 credits. Where a new allocation would cause the subscription credit balance to exceed this limit, credits exceeding the limit will expire.

You authorize the applicable Merchant of Record or payment provider to charge the payment method on file at the start of each renewal period.

You may cancel renewal through the billing portal, account controls, receipt link, or support channel made available for your purchase.

Cancellation normally takes effect at the end of the current paid subscription period. You retain access to the subscription and continue to receive any scheduled credit allocations until that period ends, unless the account is terminated for a serious violation, the payment is reversed, or the purchase terms state otherwise.

Unused subscription credits expire at the end of the applicable paid subscription period after cancellation and are not converted into cash, transferred to another account, or refunded, except where required by applicable law or expressly stated in our Refund and Cancellation Policy.

Deleting your Phototune account does not necessarily cancel recurring billing. You must cancel the subscription separately before deleting the account.

Plan changes, upgrades, downgrades, and any applicable proration will follow the terms displayed at the time of the change.

11. One-Time Credit Purchases

Phototune may sell one-time credit packs. The amount, price, and eligible uses of each pack will be shown before purchase. One-time credits do not create a recurring subscription unless the checkout clearly states otherwise.

Unless a different expiration period is clearly disclosed before purchase, credits purchased through a one-time credit pack remain valid for 12 months from the date of purchase.

Cancelling a subscription does not by itself cancel or remove separately purchased one-time credits. Such credits remain available until their stated expiration date, provided that the account remains active and complies with these Terms.

One-time credits are subject to the Refund and Cancellation Policy and are not transferable, resalable, or redeemable for cash except where required by applicable law.

12. Payments, Taxes, and Merchant of Record

Payments may be processed and the digital service may be resold by CLINK, acting as Merchant of Record, or by another disclosed payment provider. The Merchant of Record may be the seller of record for the transaction, collect payment and taxes, issue receipts, conduct fraud screening, and administer billing, cancellations, refunds, and chargebacks under its buyer terms.

Prices, billing period, currency, taxes, and renewal terms will be displayed before purchase. You are responsible for providing accurate billing information and for charges, taxes, and fees disclosed at checkout.

If these Terms conflict with mandatory consumer rights or the Merchant of Record buyer terms applicable to a transaction, the mandatory rights and applicable transaction terms control to the extent of the conflict.

13. Refunds and Cancellations

Our voluntary refund rules are set out in the Refund and Cancellation Policy, which is incorporated into these Terms. That policy does not limit non-waivable consumer rights under applicable law or any additional rights provided by the Merchant of Record.

14. Phototune Intellectual Property

The Service, including its software, interfaces, design, branding, databases, documentation, templates, and non-user content, is owned by Phototune or its licensors and is protected by intellectual property and other laws. Except for the limited right to use the Service under these Terms, no rights are transferred to you.

You may not copy, modify, distribute, sell, lease, sublicense, publicly display, or create derivative products from protected parts of the Service unless Phototune gives written permission or applicable law expressly permits it.

15. Feedback

If you provide ideas, suggestions, ratings, or feedback, you grant Phototune a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation. This does not give Phototune ownership of images you submit solely for processing.

16. Copyright and Rights Complaints

If you believe content or use of the Service infringes your rights, contact us at contact@phototune.ai with sufficient information to identify the work, the alleged infringement, your contact information, and a good-faith statement explaining your claim. We may request verification and may remove or restrict content or accounts where appropriate.

17. Third-Party Services and Links

The Service may depend on or link to third-party services. Phototune does not control third-party websites, models, platforms, or payment systems and is not responsible for their independent terms, availability, security, or conduct. Your use of a third-party service may be subject to separate terms and privacy notices.

18. Privacy and Data Retention

Our Privacy and Cookies Policy explains how we collect, use, disclose, retain, and protect personal data.

The availability and retention of uploaded originals, generated or edited results, previews, and processing-history entries may vary depending on the feature used, account status, subscription plan, technical requirements, and operational needs.

Files and processing records may be deleted or made inaccessible after they are no longer required for the relevant functionality, subject to limited legal, security, support, dispute-resolution, and backup exceptions described in the Privacy and Cookies Policy.

Phototune is not intended to serve as a permanent storage or backup service. You should download any Outputs that you wish to retain.

19. Suspension and Termination

You may stop using the Service at any time. We may suspend or terminate access, limit features, remove content, or refuse processing where reasonably necessary to:

• enforce these Terms or other policies;
• address suspected fraud, abuse, security incidents, or unlawful activity;
• comply with law, court orders, sanctions, or government requests;
• protect users, Phototune, service providers, or third parties;
• respond to non-payment, chargebacks, or payment reversals;
• discontinue the Service or a feature for legitimate technical or business reasons.

Where reasonably possible, we will provide notice and an opportunity to correct a minor violation. We may act immediately for serious, repeated, unlawful, fraudulent, or security-related conduct.

Sections that by their nature should survive termination will survive, including payment obligations, intellectual property provisions, disclaimers, limitations of liability, indemnity, and dispute provisions.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". PHOTOTUNE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND THAT OUTPUTS WILL MEET YOUR EXPECTATIONS.

We do not warrant uninterrupted or error-free operation, permanent storage, recovery of content, compatibility with every file or device, or that defects will always be corrected. Nothing in these Terms excludes warranties or remedies that cannot lawfully be excluded.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOTUNE AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOTUNE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) USD 100.

These limits do not apply to liability that cannot be limited under applicable law, including where applicable liability for fraud, wilful misconduct, death or personal injury caused by negligence, or mandatory consumer remedies.

22. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Phototune and its affiliates, personnel, and service providers from claims, losses, liabilities, damages, judgments, and reasonable costs arising from your User Content, your use of the Service, your violation of these Terms, or your infringement of another person's rights. This obligation does not apply to the extent a claim results from Phototune's own breach or unlawful conduct.

23. Changes to These Terms

We may update these Terms to reflect changes in the Service, law, security, providers, or business practices. We will post the updated version and revise the effective date. For material changes, we will provide reasonable additional notice where required. Continued use after the effective date means you accept the updated Terms, except where applicable law requires express consent.

24. Governing Law and Disputes

These Terms are governed by the laws of Ukraine, without regard to conflict-of-law rules. Nothing in these Terms limits any mandatory consumer rights or protections available to you under the laws applicable in your country of residence.

Before filing a formal claim, you and Phototune agree to attempt in good faith to resolve the issue by contacting contact@phototune.ai and providing a reasonable description of the dispute. This informal step does not limit urgent remedies or mandatory legal rights.

25. General Terms

• These Terms and incorporated policies form the entire agreement regarding the Service unless separate written terms apply.
• If any provision is unenforceable, it will be limited or removed only to the minimum extent necessary, and the remainder will continue in effect.
• Phototune's failure to enforce a provision is not a waiver.
• You may not assign your rights or obligations without our written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• Headings are for convenience and do not affect interpretation.

26. Contact

Questions about these Terms may be sent to contact@phototune.ai.