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InstaPhoto AI

Terms of Service

Last Updated: 2024-11-06

1. Introduction

Welcome to InstaPhoto ("Service"), owned and operated by Infinite Synthesis LLP ("we," "us," "our," or "Company"). By accessing or using our 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. Definitions

  • "Service" refers to the InstaPhoto platform, website, and AI image generation services
  • "User," "you," or "your" refers to any individual or entity using our Service
  • "Content" refers to images, prompts, and any other materials uploaded to or generated through our Service
  • "Generated Images" refers to images created using our AI technology
  • "Company" refers to Infinite Synthesis LLP and its current or future products, services, and platforms

3. Eligibility

3.1. You must be at least 18 years old to use the Service.

3.2. By using the Service, you represent and warrant that you:

  • Are at least 18 years of age
  • Have the right to upload any images you provide
  • Will provide accurate and truthful information
  • Have the legal capacity to agree to these Terms
  • Will comply with all applicable laws and regulations

4. Account Terms

4.1. Account Creation and Security:

  • You are responsible for maintaining the security of your account
  • You are responsible for all activities that occur under your account
  • You must immediately notify us of any unauthorized use of your account

4.2. Account Restrictions:

  • One person or entity may only create and use one account
  • Account sharing or reselling is strictly prohibited
  • Accounts are non-transferable
  • Subscription benefits cannot be shared or transferred

5. Service Usage and Limitations

5.1. Acceptable Use:

  • You may only upload images for which you have necessary rights and permissions
  • You may not create content for or about other individuals without their explicit consent
  • You must comply with all applicable laws and regulations, including the Information Technology Act, 2000 of India

5.2. Prohibited Activities:

  • Creating or generating NSFW content
  • Uploading images of individuals without their consent
  • Using the Service for any illegal purposes
  • Attempting to circumvent Service limitations or monitoring
  • Rapid or suspicious usage patterns designed to abuse the Service
  • Any conduct that restricts or inhibits any other user from using the Service
  • Any attempt to gain unauthorized access to the Service or its systems

5.3. Credits and Usage:

  • Credits are allocated based on subscription tier
  • Credits expire with subscription period
  • Unused credits do not roll over
  • We reserve the right to monitor and limit usage patterns that appear suspicious or abusive
  • Credit allocation and features may be modified at our discretion

6. Content and Intellectual Property

6.1. Service Rights:

  • InstaPhoto and all related services are owned by Infinite Synthesis LLP
  • All service features, functionalities, and technologies are Company property
  • The Company reserves all rights not expressly granted herein

6.2. Your Content:

  • You retain ownership of images you upload to the Service
  • You grant us a limited license to use uploaded images solely for providing the Service
  • We will not use your content for marketing or promotional purposes without explicit consent

6.3. Generated Images:

  • You own the images generated through our Service using your credits
  • We make no claims of ownership over Generated Images
  • Commercial use of Generated Images is permitted under our license

7. Service Modifications

7.1. We reserve the right to:

  • Modify or discontinue the Service at any time without notice
  • Change features, requirements, or rules
  • Adjust pricing and subscription terms
  • Modify or terminate any promotional offers
  • Cross-promote other Company products and services

7.2. Changes will be posted on our website and become effective immediately upon posting

8. Termination

8.1. We reserve the right to suspend or terminate your account for:

  • Violation of these Terms
  • Suspicious usage patterns
  • Payment disputes or chargebacks
  • False age verification
  • Unauthorized image usage
  • Account sharing
  • Non-payment
  • Any other reason at our sole discretion

8.2. Upon termination:

  • All rights granted to you under these Terms will cease
  • You must cease all use of the Service
  • Your data will be deleted as per our Privacy Policy
  • No refunds will be provided

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Uninterrupted or error-free service
  • Accuracy or reliability of results
  • Quality of Generated Images
  • Permanent availability of content

10. Limitation of Liability

10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFINITE SYNTHESIS LLP, INSTAPHOTO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS (COLLECTIVELY, THE "COMPANY ENTITIES") SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits or revenues
  • Loss of data, use, or goodwill
  • Other intangible losses
  • Damages resulting from:
    • Access or inability to access the Service
    • Third-party conduct
    • Content obtained through the Service
    • Unauthorized access or alterations

10.2. LIABILITY CAP:

  • The aggregate liability of the Company Entities shall not exceed the greater of:
    • One hundred U.S. dollars (U.S. $100.00), or
    • The amount you paid for the Service in the past six months

10.3. JURISDICTIONAL LIMITATIONS:

  • Some jurisdictions do not allow certain liability exclusions or limitations
  • In such cases, only the legally permissible limitations will apply

11. Dispute Resolution

11.1. Arbitration Agreement:

  • Any disputes shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India
  • Arbitration shall take place in Delhi, India
  • Proceedings shall be conducted in English
  • A sole arbitrator shall be appointed by mutual agreement
  • If no agreement is reached within 30 days, appointment will follow the Act's provisions

11.2. Jurisdiction:

  • These Terms shall be governed by Indian law
  • Courts in Delhi, India shall have exclusive jurisdiction
  • You consent to personal jurisdiction in Delhi, India

12. Compliance with Laws

  • All applicable laws and regulations
  • Information Technology Act, 2000 of India
  • International sanctions and export controls
  • Data protection and privacy laws
  • All other applicable local and international laws

13. Changes to Terms

  • We may modify these Terms at any time
  • Changes are effective immediately upon posting
  • Continued use constitutes acceptance of modified Terms

14. Contact Information

For questions about these Terms, please contact:

Last Updated: 2024-11-06