Terms of Service

1. Acceptance of Terms

By accessing or using Trace My Photo ("we," "our," or "us"), accessible from [tracemyphoto.com] (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Accounts and Registration

To use most features of the Service, you must register for an account.

• Accuracy: You agree that the information provided during registration is accurate and complete.
• Security: You are responsible for maintaining the confidentiality of your login credentials. You accept responsibility for all activities that occur under your account.
• Eligibility: You must be at least 18 years of age to use this Service.

3. Subscriptions and Payments

Payments are processed securely via Stripe, Inc. We do not store your full credit card information on our servers.

• Billing Cycle: The "Studio Pass" is billed on a recurring monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle unless canceled.
• Cancellation: You may cancel your subscription at any time via your account settings. Your access to paid features will continue until the end of the current billing period.
• No Refunds: All payments are non-refundable. We do not offer refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• Changes to Pricing: We reserve the right to modify our pricing at any time. Any price changes will be communicated to you in advance.

4. User Content and Conduct

4.1 Ownership of User Content

You retain all ownership rights in the original images and files you upload ("User Content"). By uploading User Content, you grant Trace My Photo a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, and modify your content solely for the purpose of operating and providing the Service to you (e.g., processing images through our AI models).

4.2 Commercial Rights (Studio Pass Only)

Free Users: Inputs and outputs generated on the free tier are for personal, non-commercial use only. You do not acquire commercial usage rights for outputs generated without an active Studio Pass subscription.

Studio Pass Users: Subject to your full payment of fees and compliance with these Terms, Trace My Photo hereby assigns to you all of its right, title, and interest in and to the specific AI-generated Output derived from your User Content. You may use such Output for any commercial or personal purpose.

Disclaimer: Trace My Photo makes no warranty regarding the copyrightability of AI-generated content by government authorities.

4.3 User Representations

You represent and warrant that:

• You own the intellectual property rights to the User Content you upload, or have obtained all necessary permissions and releases to use such Content.
• Your User Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights.

4.4 Prohibited Content

You agree NOT to upload, create, or transmit any content that:

• Is illegal, unlawful, or promotes illegal activities.
• Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Contains sexually explicit material, pornography, or child sexual abuse material (CSAM). We report CSAM to the National Center for Missing & Exploited Children and relevant authorities immediately.
• Is harassing, abusive, defamatory, threatening, or hateful.
• Contains malware, viruses, or any other malicious code.

5. Restrictions on Use (Reverse Engineering)

You agree strictly NOT to:

• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service.
• Tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Service or our computer systems, network, or security authentication measures.
• Access the Service via any automated means (bots, scrapers, spiders) other than through our publicly supported interfaces.
• Use the Service to build a competitive product or service.
• Share your account credentials with others to avoid paying for multiple subscriptions.

6. AI Disclaimer (Gemini & Third-Party Processing)

Our Service utilizes artificial intelligence models (including Google Gemini) to process your images.

• Accuracy: We make no guarantees regarding the accuracy, quality, or suitability of the AI-generated outputs. You acknowledge that AI output can be unpredictable and may contain errors or artifacts.
• Inputs: You are solely responsible for the inputs you provide to the AI. You agree not to attempt to "jailbreak" or trick the AI into generating prohibited content.

7. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, specifically including but not limited to:

• Violation of these Terms (including the Reverse Engineering or Prohibited Content clauses).
• Fraudulent or illegal activities.
• Non-payment of fees.

Upon termination for violation of Terms, your right to use the Service will immediately cease, and you will not be entitled to any refund of prepaid fees.

9. Indemnification

You agree to defend, indemnify, and hold harmless Trace My Photo, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your access to or use of the Service; (ii) your User Content; or (iii) your violation of these Terms.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Trace My Photo, its affiliates, agents, directors, or employees be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, this Service.

Our total liability to you for any claims arising out of the Service shall not exceed the amount you paid us during the twelve (12) months prior to the event giving rise to the liability.

11. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Insert Your State/Country], without regard to its conflict of law provisions.

If you have questions about these Terms, please contact us at: support@tracemyphoto.com.