Terms of Service

Terms and conditions for using Photo Prompt service

2025/11/18

Introduction

Welcome to Photo Prompt! These Terms of Service ("Terms", "Agreement") govern your access to and use of Photo Prompt's website, services, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

Last Updated: November 18, 2025

Operator: Photo Prompt
Service Description: AI-powered photo to prompt conversion tool for Flux, Midjourney, Stable Diffusion, and other AI image generation models

Important: Please read these Terms carefully before using our Service. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, uploading photos, or using any part of our Service, you:

  • Confirm that you have read and understood these Terms
  • Agree to comply with these Terms and all applicable laws
  • Represent that you have the legal capacity to enter into this Agreement
  • Acknowledge that we may update these Terms from time to time

2. Eligibility and Account Requirements

Age Requirement

You must be at least 13 years old to use Photo Prompt. If you are under 18, you must have parental or guardian consent.

Account Registration

To access certain features, you must create an account by providing:

  • A valid email address
  • A secure password
  • Optional profile information

Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information is accurate and up to date

Account Termination by You

You may delete your account at any time from your dashboard. Upon deletion, all your data will be permanently removed within 30 days.

3. Service Description

Core Features

Photo Prompt provides:

  • Photo to Prompt Conversion: Upload photos and receive AI-generated image prompts
  • Multi-Model Support: Prompts optimized for Flux, Midjourney, Stable Diffusion, and other AI models
  • Multi-Language Output: Generate prompts in multiple languages
  • Conversion History: Save and access previous conversions (paid plans only)

Service Availability

  • Free users: Limited to 5 conversions per day
  • Paid subscribers: Monthly conversion limits based on plan (see Pricing)
  • Unlimited plan: No conversion limits

Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service
  • Change pricing and features with 30 days' notice
  • Update AI models and conversion algorithms

4. User Content and Intellectual Property

Your Content Ownership

You retain all ownership rights to photos you upload. By uploading content, you represent and warrant that:

  • You own the photos or have the legal right to use them
  • Your photos do not infringe on any third-party rights (copyright, trademark, privacy, etc.)
  • Your photos do not contain illegal, harmful, or offensive material

Prohibited Content

You may not upload photos containing:

  • Child exploitation or abuse material (zero tolerance - immediate account termination and legal reporting)
  • Explicit sexual or pornographic content
  • Violence, gore, or graphic content
  • Hate speech or discriminatory imagery
  • Content that violates any laws or regulations
  • Copyrighted material you do not have rights to use
  • Private information of others without consent

License to Photo Prompt

By uploading photos, you grant us a limited license to:

  • Process photos through AI services to generate prompts
  • Store photos temporarily (free users) or until subscription ends + 30 days (paid users)
  • Display photos in your account dashboard
  • Use anonymized data to improve our Service

We do not:

  • Claim ownership of your photos
  • Use your photos for marketing without explicit permission
  • Share your photos publicly or with third parties (except AI service providers for processing)

Generated Prompts

  • Ownership: You own the AI-generated prompts created from your photos
  • Usage Rights: You may use generated prompts for any legal purpose, including commercial use
  • No Warranty: We do not guarantee the accuracy, quality, or suitability of generated prompts

Photo Prompt Intellectual Property

Our Service, including:

  • Website design, logo, and branding
  • Software, algorithms, and AI models
  • Documentation and user interface

...are owned by Photo Prompt and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of our Service.

5. Pricing, Payment, and Subscriptions

Free Plan

  • 5 conversions per day
  • No payment required
  • No conversion history storage
  • Subject to daily reset

See our Pricing Page for current plans and pricing.

Payment Processing

  • All payments are processed securely through Stripe
  • We do not store your complete credit card information
  • You must provide accurate billing information

Subscription Terms

  • Billing Cycle: Monthly or annual, depending on your chosen plan
  • Auto-Renewal: Subscriptions automatically renew unless canceled
  • Cancellation: You can cancel anytime from your account settings
  • Proration: If you upgrade, you'll be charged the prorated difference immediately
  • Downgrade: Takes effect at the end of current billing period

Refund Policy

We offer a 7-day money-back guarantee with the following conditions:

  • Request refund within 7 days of initial purchase (not renewal)
  • Have not exceeded 50% of monthly conversion limit
  • No history of refund abuse

Refunds are not available for:

  • Renewals (cancel before renewal date to avoid charges)
  • Annual plans after 7 days
  • Accounts terminated for Terms violations
  • Partial months or unused conversions

Price Changes

  • We may change pricing with 30 days' advance notice
  • Existing subscribers keep current pricing until renewal
  • You may cancel if you disagree with new pricing

6. Acceptable Use Policy

You agree to use Photo Prompt only for lawful purposes. You may not:

System Abuse

  • Attempt to hack, disrupt, or overload our servers
  • Use automated scripts, bots, or scrapers without permission
  • Reverse-engineer our AI models or algorithms
  • Circumvent usage limits or billing systems

Account Abuse

  • Create multiple accounts to bypass free tier limits
  • Share account credentials with others
  • Engage in fraudulent payment activities
  • Abuse refund policies

Content Violations

  • Upload prohibited content (see Section 4)
  • Impersonate others or misrepresent identity
  • Violate others' privacy or intellectual property rights

Consequences

Violations may result in:

  • Warning and content removal
  • Temporary account suspension
  • Permanent account termination without refund
  • Legal action (for severe violations)

7. Service Availability and Support

Uptime

We strive for high availability but do not guarantee:

  • Uninterrupted or error-free service
  • Specific uptime percentage
  • Compatibility with all devices or browsers

Maintenance

We may perform scheduled or emergency maintenance, which may temporarily affect service availability.

Support

  • Free users: Community support and documentation
  • Paid users: Email support with priority response
  • Response time: Typically within 24-48 hours

8. Data Privacy and Security

Privacy

Your use of Photo Prompt is also governed by our Privacy Policy, which explains:

  • What data we collect
  • How we use and store data
  • Your privacy rights

Data Security

We implement industry-standard security measures, but:

  • No internet transmission is 100% secure
  • You use the Service at your own risk
  • We are not liable for unauthorized data access beyond our control

Data Retention

  • Free users: Photos processed in real-time, not stored permanently
  • Paid users: Data stored until subscription ends + 30 days
  • Account deletion: All data permanently removed within 30 days

9. Third-Party Services

Our Service uses third-party providers:

  • AI Services: OpenAI API or similar for prompt generation
  • Cloud Storage: AWS S3, Cloudflare R2, or similar for photo storage
  • Payment Processing: Stripe for secure payments
  • Analytics: Google Analytics, Vercel Analytics (optional, can opt-out)

These third parties have their own terms and privacy policies. We are not responsible for their actions or policies.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

We disclaim all warranties, including:

  • Merchantability: No guarantee the Service meets your needs
  • Fitness for Purpose: No guarantee the Service is suitable for your specific use case
  • Accuracy: AI-generated prompts may not be perfect or accurate
  • Non-Infringement: Generated prompts may inadvertently include protected terms
  • Security: No guarantee against data breaches or unauthorized access
  • Availability: No guarantee of uninterrupted service

Use of the Service is at your own risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are not liable for:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages resulting from Service use or inability to use
  • Damages from unauthorized access to your account
  • Damages from AI-generated content quality or accuracy
  • Third-party actions or content

Maximum Liability: Our total liability shall not exceed the amount you paid us in the past 12 months (or $100 if no payments were made).

Exceptions: Some jurisdictions do not allow exclusion of certain warranties or liability limitations. In such cases, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Photo Prompt, its affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Content you upload or generate
  • Unauthorized use of your account (if due to your negligence)

13. Termination

By You

You may terminate your account at any time by:

  • Canceling your subscription (from account settings)
  • Deleting your account (from account settings)

Upon cancellation, you retain access until the end of your billing period.

By Photo Prompt

We may suspend or terminate your account immediately if:

  • You violate these Terms
  • You engage in illegal activities
  • You upload prohibited content
  • Your account poses security risks
  • We are required by law

Effect of Termination

Upon termination:

  • Your access to the Service ends
  • Your data will be deleted within 30 days
  • No refunds for prepaid but unused periods (unless eligible under refund policy)
  • Sections that should survive (e.g., intellectual property, liability limitations) remain in effect

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of [Jurisdiction to be specified], without regard to conflict of law provisions.

Dispute Resolution

Informal Resolution: Before formal action, contact us to resolve disputes informally.

Arbitration: Any disputes not resolved informally shall be settled by binding arbitration rather than court, except:

  • Small claims court actions
  • Intellectual property disputes
  • Violations requiring injunctive relief

Class Action Waiver: You agree to resolve disputes individually, not as part of a class action or representative proceeding.

Exceptions: Some jurisdictions may not allow arbitration or class action waivers. In such cases, disputes will be resolved in courts with appropriate jurisdiction.

15. Changes to Terms

We may update these Terms to reflect:

  • Changes in our Service or features
  • Legal or regulatory requirements
  • Business practices updates

Notice of Changes:

  • We will post updated Terms on this page with a new "Last Updated" date
  • For material changes, we will email you or display a prominent notice
  • Continued use after changes indicates acceptance

Your Options:

  • If you disagree with changes, you may cancel your account
  • Canceling before changes take effect avoids being bound by new Terms

16. General Provisions

Entire Agreement

These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Photo Prompt.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any affiliate or successor.

Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, wars, government actions, etc.).

Language

These Terms are written in English. Translations are provided for convenience, but the English version controls in case of conflicts.

For legal notices or service of process:

  • Email: [Legal Email - To be updated]
  • Contact Form: Contact Page

17. Additional Terms for Specific Regions

European Union (GDPR)

EU users have additional rights under GDPR, including:

  • Right to data portability
  • Right to erasure ("right to be forgotten")
  • Right to object to processing See our Privacy Policy for details.

California (CCPA)

California residents have rights under CCPA, including:

  • Right to know what data is collected
  • Right to delete personal information
  • Right to opt-out of data sales (we do not sell data) See our Privacy Policy for details.

18. Contact Us

If you have questions, concerns, or feedback about these Terms:

  • Email: [Support Email - To be updated]
  • Contact Page: Contact Form
  • Response Time: Typically within 24-48 hours

By using Photo Prompt, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Thank you for using Photo Prompt! We're excited to help you create amazing AI prompts from your photos.