Terms of Use

Last updated: 5/17/2025

PhotoPrompt Service Agreement

1. Introduction

1.1 Acceptance of Terms. By accessing or using Photoprompt (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any other policies referenced herein.

1.2 Changes to Terms. We may modify these Terms at any time by posting the updated version on our site; continued use after changes constitutes acceptance.

2. Definitions

  • "Service" refers to Photoprompt's website, applications, and APIs.
  • "User Content" means any images, text, prompts, or other materials you upload.
  • "Generated Content" means any images or assets created by Photoprompt in response to your prompts.
  • "Account" means your registered user profile on Photoprompt.
  • "Prohibited Content" is defined in Section 7 below.

3. Eligibility

You must be at least 18 years old to use the Service; by registering, you represent and warrant that you meet this requirement. Individuals under 18 must obtain parental consent and may not independently register.

4. Account Security

4.1 Registration

You agree to provide accurate, current, and complete information during registration and to update it to maintain accuracy.

4.2 Credentials

You are responsible for safeguarding your password and for all activities under your account; notify us immediately of any unauthorized use.

5. License Grant and Restrictions

5.1 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, revocable license to access and use the Service solely for your personal or internal business purposes.

5.2 Restrictions

You may not (a) sublicense, resell, or distribute the Service; (b) reverse engineer or circumvent technical protections; (c) use the Service for any unlawful purpose; or (d) violate any applicable export controls.

6. User Content

6.1 Ownership

You retain all rights in your User Content and Generated Content.

6.2 License to Photoprompt

By uploading User Content (including prompts) or receiving Generated Content, you grant Photoprompt a non-exclusive, worldwide, royalty-free, sublicensable license to host, use, reproduce, modify, and distribute that content solely to provide and improve the Service.

6.3 Moral Rights Waiver

To the extent permitted by law, you waive any moral rights in Uploaded or Generated Content that would interfere with these rights granted to us.

7. Prohibited Uses

You may not use the Service to create, upload, or distribute content that is:

  • Illegal or promotes criminal activity;
  • Harassing, hateful, violent, or discriminatory;
  • Sexually explicit or pornographic;
  • Defamatory, invasive of privacy, or infringing of intellectual property;
  • Designed to mislead (deepfakes, misinformation);
  • Designed to exploit minors.

Attempted circumvention of these rules will result in termination of access.

8. Intellectual Property

All Photoprompt trademarks, logos, and software are our exclusive property and protected by copyright, trademark, and other laws. Nothing in these Terms grants you any rights in Photoprompt's intellectual property except as expressly stated.

9. DMCA and Copyright Infringement

Photoprompt respects copyright law and will respond to valid takedown notices as required under the DMCA.

9.1 Notice & Takedown

To report infringing content, provide our designated agent (see Contact below) with a written notice containing all DMCA-required elements.

9.2 Counter-Notice

Users may submit a counter-notice if they believe content was removed in error, following instructions in our DMCA Policy.

10. Moderation and Termination

Photoprompt may monitor content and remove or refuse any content that violates these Terms, without liability. We reserve the right to suspend or terminate accounts for violations or abuse of the Service, at our sole discretion.

11. Disclaimers & Limitation of Liability

11.1 No Warranty

The Service is provided "as-is" without warranties of any kind, whether express or implied.

11.2 Limitation of Liability

To the fullest extent permitted by law, Photoprompt's liability for any claim arising from or related to the Service is limited to the amounts you have paid in the prior twelve months, or USD $100 if you have not paid anything.

12. Indemnification

You agree to indemnify, defend, and hold harmless Photoprompt and its affiliates from any claims, damages, losses, or expenses (including attorneys' fees) arising out of your breach of these Terms or violation of applicable laws.

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the jurisdiction in which Photoprompt is headquartered, without regard to conflict-of-law principles. Disputes shall be resolved by binding arbitration in that jurisdiction, except you may seek injunctive relief in courts of competent jurisdiction.

14. Changes to the Service and Terms

We may modify or discontinue the Service (or any part) temporarily or permanently, with or without notice. Your continued use after any changes to these Terms constitutes acceptance of the revised Terms.