1. Acceptance of Terms
By accessing or using PhotoMind ("Service," "we," "our," or "us"), you agree to be bound by these Terms & Conditions. If you do not agree to these terms, you may not use the Service.
These terms constitute a legally binding agreement between you ("User," "you," or "your") and PhotoMind.
2. Service Description
PhotoMind provides an AI-powered photo organization service that:
- Accepts user-uploaded photos and reference face images
- Uses AWS Rekognition to detect and match faces
- Organizes photos by person into downloadable ZIP folders
- Automatically deletes all photos and results after 24 hours
The Service is provided "as is" and we reserve the right to modify, suspend, or discontinue any feature at any time without notice.
3. User Accounts
3.1 Free Tier
Free users can access the Service without creating an account, with the following limits:
- 100 photos per month maximum
- Up to 10 jobs per month
- Results expire after 24 hours
3.2 Account Creation
When creating an account, you agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access
- Be responsible for all activity under your account
3.3 Age Requirement
You must be at least 13 years old to use PhotoMind. Users under 18 must have parental or guardian consent.
4. Acceptable Use Policy
You agree NOT to:
- Upload photos you do not own or have permission to use
- Upload photos containing illegal, harmful, or offensive content
- Upload photos of individuals without their consent
- Use the Service for surveillance, stalking, or harassment
- Attempt to circumvent usage limits or security measures
- Reverse engineer, decompile, or hack the Service
- Use automated tools (bots, scrapers) without permission
- Resell or commercialize the Service without authorization
- Upload malware, viruses, or malicious code
- Violate any applicable laws or regulations
⚠️ Violations may result in immediate account termination and legal action.
5. Content and Intellectual Property
5.1 Your Content
You retain all rights to photos you upload. By using the Service, you grant us a limited, temporary license to:
- Store and process your photos for up to 24 hours
- Use AWS Rekognition for face detection
- Generate organized photo collections
This license expires when your photos are deleted (24 hours maximum).
5.2 Our Content
All Service design, features, code, branding, and documentation are owned by PhotoMind and protected by copyright, trademark, and other intellectual property laws.
6. Pricing and Payments
6.1 Subscription Plans
Free: 100 photos total (one-time), 5 jobs maximum
Premium: $12.99/month - 2,000 photos/month, 10 jobs/month
Business: $49.99/month - 6,000 photos/month, 15 jobs/month
6.2 Billing
- Subscriptions are billed monthly in advance
- Payments are processed by Stripe
- Prices are in USD and subject to change with 30 days notice
- You authorize automatic renewal unless cancelled
- Usage resets at the start of each billing cycle
6.3 Refunds
Refunds are provided at our discretion under the following conditions:
- Service failure or prolonged outage (pro-rated refund)
- Billing errors (full refund)
- Cancellation within 48 hours of initial subscription (full refund)
No refunds for: partial month cancellations, unused quota, or change of mind after 48 hours.
6.4 Cancellation
You may cancel your subscription at any time. Access continues until the end of your current billing period. No partial refunds for early cancellation.
7. Service Availability
We strive for 99.9% uptime but do not guarantee uninterrupted access. The Service may be unavailable due to:
- Scheduled maintenance (announced in advance)
- Emergency repairs
- Third-party service failures (AWS, Stripe, etc.)
- Force majeure events
We are not liable for damages resulting from service interruptions.
8. Data and Privacy
Your privacy is important to us. Our data practices are detailed in our Privacy Policy. Key points:
- All photos are automatically deleted after 24 hours
- We never use your photos to train AI models
- We never sell or share your data
- You can delete your account at any time
9. Limitation of Liability
⚠️ Important Legal Notice
Please read this section carefully as it limits our liability.
9.1 No Warranties
The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:
- Accuracy of face recognition results
- Availability or reliability of the Service
- Fitness for a particular purpose
- Non-infringement
9.2 Limitation of Damages
To the maximum extent permitted by law, PhotoMind shall not be liable for:
- Loss of data, photos, or content
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Personal injury or privacy violations
- Third-party actions or content
Our total liability shall not exceed the amount you paid us in the last 12 months, or $100, whichever is less.
9.3 User Responsibility
You are solely responsible for:
- Obtaining proper consent before uploading photos of others
- Backing up important photos before upload
- Downloading results before the 24-hour expiration
- Complying with all applicable privacy and data protection laws
10. Indemnification
You agree to indemnify and hold harmless PhotoMind, its affiliates, and service providers from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights (copyright, privacy, etc.)
- Content you upload or actions you take
11. Termination
11.1 By You
You may terminate your account at any time through account settings or by contacting us.
11.2 By Us
We may suspend or terminate your account immediately if you:
- Violate these Terms or our Acceptable Use Policy
- Engage in fraudulent or illegal activity
- Fail to pay subscription fees
- Pose a security or legal risk
11.3 Effect of Termination
Upon termination:
- Your access to the Service immediately ceases
- All photos are immediately deleted (if not already expired)
- Job history summaries are retained for 90 days
- No refunds for prepaid subscription time
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
12.2 Arbitration
Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to participate in class-action lawsuits.
12.3 Exceptions
Either party may seek injunctive relief in court for intellectual property violations or urgent matters.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective:
- Immediately for new users
- 30 days after notification for existing users
Continued use of the Service after changes constitutes acceptance. If you disagree with changes, you must stop using the Service.
14. Miscellaneous
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PhotoMind.
14.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
14.3 No Waiver
Failure to enforce any provision does not constitute a waiver of that provision.
14.4 Assignment
You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.
15. Contact Information
For questions about these Terms, contact us:
Email: photomindcontact@gmail.com
Support: photomindcontact@gmail.com
These Terms & Conditions are effective as of November 10, 2024
By using PhotoMind, you acknowledge that you have read, understood, and agree to be bound by these Terms.