1. Agreement to Terms

These Terms & Conditions (the “Terms”) form a binding agreement between you and Prime PhotoAI (“Prime PhotoAI”, “we”, “us”, or “our”). By accessing or using our website and AI marketing-image generation service (the “Service”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

3. Description of Service

Prime PhotoAI is an AI-powered platform that helps you create marketing creatives — such as social posts, carousels, and ad images — from product photos, brand assets, and descriptions you provide. Generation is powered by third-party AI providers and consumes credits associated with your plan.

4. Accounts

You access the Service by signing in with Google. You are responsible for:

• Maintaining the security of the Google account you use to sign in;
• All activity that occurs under your account;
• Providing accurate information; and
• Notifying us promptly of any unauthorized use or security breach.

5. Subscriptions, Credits & Billing

• The Service is offered on paid, recurring subscription plans. Each plan grants a monthly allowance of credits that is added to your balance at the start of each billing cycle.
• Credits are the internal currency used to generate creatives. The number of credits consumed per generation varies with the selected template and output resolution (higher resolutions cost more).
• Subscriptions are billed in advance on a recurring basis and automatically renew until cancelled. Prices are shown at checkout and exclude taxes unless stated otherwise; you are responsible for applicable taxes.
• Payments are processed by our payment provider, Dodo Payments. By subscribing, you authorize recurring charges to your selected payment method.
• We may change plan pricing or features. We will provide reasonable advance notice, and changes take effect on your next billing cycle.
• Credits are not money, have no cash value, are non-transferable, and are non-refundable except as set out in our Refund Policy or as required by law. Credits you have already received are added to your balance and remain available for you to use, including after you cancel; only future monthly grants stop.

6. Cancellation

You may cancel your subscription at any time from your account or by contacting us. Cancellation stops future renewals; your plan remains active until the end of the current billing period, after which recurring monthly credit grants stop. Any credits already in your balance remain yours and stay available for you to use. See the Refund Policy for details.

7. Your Content

“Your Content” means the images, logos, brand names, descriptions, and other materials you upload or submit. You retain all ownership of Your Content. You represent and warrant that you own or have all rights, licenses, and permissions necessary to submit Your Content and to allow it to be processed as described in these Terms, and that Your Content does not infringe any third-party rights or violate any law.

You grant us a limited, worldwide, non-exclusive license to host, store, reproduce, and process Your Content — including transmitting it to our AI sub-processors — solely to operate and provide the Service to you.

8. AI-Generated Output

• Subject to your compliance with these Terms and payment of applicable fees, you own the images generated for you and may use them for your commercial purposes.
• AI output is produced by machine-learning models and may contain inaccuracies, artifacts, or unexpected results. It is provided without warranty of accuracy, originality, or fitness for a particular purpose.
• Given the nature of generative AI, similar or identical outputs may be generated for other users. We do not warrant that output is unique.
• You are solely responsible for reviewing output and ensuring your use complies with applicable laws, platform policies, and third-party rights (including publicity, trademark, and copyright).

9. Acceptable Use

You agree not to use the Service to:

• Upload content that infringes intellectual property, privacy, or publicity rights;
• Create unlawful, deceptive, defamatory, hateful, harassing, or sexually explicit content, or content depicting minors inappropriately;
• Generate misleading impersonations, deepfakes, or content intended to defraud or deceive;
• Upload images of individuals without the rights or consents required by law;
• Reverse engineer, scrape, overload, or attempt to bypass usage limits or security of the Service;
• Resell or provide the Service to third parties except as permitted by your plan; or
• Violate any applicable law or regulation.

We may remove content and suspend or terminate accounts that violate this section.

10. Our Intellectual Property

The Service, including our software, models integration, templates, trademarks, and website, is owned by Prime PhotoAI or our licensors and is protected by intellectual property laws. Except for the rights expressly granted to you, we reserve all rights. You may not use our branding without our prior written permission.

11. Third-Party Services

The Service relies on third-party providers (including Google, Convex, AI processing providers, Dodo Payments, and Vercel). Your use of the Service may be subject to those providers' terms, and we are not responsible for their acts, omissions, or availability.

12. Feedback

If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without restriction or obligation to you.

13. Service Availability

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue any part of the Service, and perform maintenance, at any time.

14. Disclaimers

To the maximum extent permitted by law, the Service and all output are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitation of Liability

To the maximum extent permitted by law, Prime PhotoAI and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Service will not exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless Prime PhotoAI and its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from Your Content, your use of the Service, or your violation of these Terms or applicable law.

17. Term & Termination

These Terms apply while you use the Service. We may suspend or terminate your access at any time for violation of these Terms or to protect the Service. You may stop using the Service and request account deletion at any time. Sections intended to survive termination (including ownership, disclaimers, liability limits, and indemnity) will continue to apply.

18. Governing Law & Disputes

These Terms are governed by applicable law, without regard to conflict-of-laws rules. Any dispute will be brought before a court with lawful jurisdiction over the parties and the dispute, unless applicable mandatory consumer-protection law provides otherwise. Nothing in these Terms limits any mandatory statutory rights you may have as a consumer.

19. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

20. Miscellaneous

If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Service. We are not liable for delays or failures caused by events beyond our reasonable control.

21. Contact

For questions about these Terms, contact us at admin@primephotoai.com.