Terms of Service

3.1 Account Creation: You must create an account to use the Service. You must provide accurate, current, and complete information during registration.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized access.

3.3 Age Requirement: You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement.

3.4 Business and Professional Use: The Service is intended primarily for business and professional use. If you use the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms. If you use the Service as a consumer, nothing in these Terms limits your mandatory statutory consumer rights.

4.1 Credit System: The Service may operate on prepaid credits, manually scoped pilot batches, or managed-service agreements depending on the offer agreed with the client.

4.2 Credit Consumption: Credits are deducted for completed processing operations. Failed processing operations may be automatically re-credited. We may, at our discretion, re-credit outputs affected by technical processing errors. Subjective dissatisfaction, input-quality issues, incorrect customer-provided data, or outputs that require human review or correction do not automatically entitle you to a refund or credit, unless required by law or expressly agreed in writing.

4.3 Credit Validity: Free trial credits expire after first use or account creation period. Purchased credits may roll over according to your plan's terms (typically up to 2 months).

4.4 Pricing: Current pricing is displayed on our pricing page. We reserve the right to modify pricing with 30 days' notice to existing customers.

4.5 Payment: Payments are processed through Stripe. All fees are non-refundable except as required by law or explicitly stated in these Terms.

4.6 Subscriptions: Subscription plans automatically renew unless cancelled before the renewal date. You may cancel at any time from your account settings.

4.7 Refunds: Credits are generally non-refundable. Exceptions may be made at our sole discretion for unused credits in cases of service errors or significant issues.

4.8 Pilots and Managed Services: For pilots, managed services, custom batches, or manually scoped work, any timelines, volumes, expected quality levels, examples, or projected results are estimates only unless expressly agreed in a signed written agreement. Acceptance criteria, review periods, revision rounds, delivery criteria, and any service-level commitments must be agreed in writing.

6.1 Your Content: You retain all rights to images you upload ("Your Content"). By uploading, you grant us a limited license to process, store, and modify Your Content solely to provide the Service.

6.2 Processed Output: You own the processed images and extracted data generated by the Service. You may use them for any lawful commercial or personal purpose.

6.3 Our IP: The Service, including all software, algorithms, designs, and trademarks, is owned by us and protected by intellectual property laws. These Terms do not grant you any ownership rights to the Service.

6.4 Representations: You represent and warrant that you have all necessary rights to upload Your Content and that it does not violate any third-party rights.

7.1 Image Storage: Uploaded images are stored for 30 days after processing to allow you to download results. You may delete images immediately from your account dashboard.

7.2 Automatic Deletion: Images are automatically deleted after 30 days. We are not responsible for data loss after this period.

7.3 Privacy: Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms.

7.4 Backups: While we maintain backups for system integrity, we do not guarantee data recovery. You are responsible for maintaining your own backups.

8.1 Availability: We strive for 99.5% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

8.2 AI Limitations: The Service uses automated and AI-assisted technology which may not always produce perfect, accurate, complete, consistent, or suitable results. Output quality depends on input image quality, available product information, customer instructions, product complexity, and third-party systems.

8.3 No Guarantees: We do not guarantee that the Service or any output will be accurate, complete, uninterrupted, secure, error-free, compliant with any law or third-party policy, accepted by any marketplace or ecommerce platform, or suitable for any particular commercial, technical, legal, or operational purpose.

8.4 Service Modifications: We may modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for significant changes.

9.1 Outputs: The Service may generate, extract, transform, enhance, classify, or suggest images, product data, product descriptions, titles, attributes, identifiers, dimensions, colors, categories, tags, pricing suggestions, condition descriptions, and other information ("Outputs") using automated and AI-assisted systems.

9.2 Accuracy Limits: You acknowledge that Outputs may be inaccurate, incomplete, inconsistent, outdated, misleading, unsuitable for your intended purpose, or otherwise erroneous. This may include, without limitation, incorrect SKUs, GTINs, EANs, UPCs, dimensions, sizes, colors, materials, categories, titles, product descriptions, condition descriptions, compatibility information, authenticity indicators, safety information, origin information, sustainability information, compliance information, and other product attributes.

9.3 Customer Review: You are solely responsible for reviewing, verifying, approving, correcting, and determining the suitability of all Outputs before using, publishing, distributing, uploading, advertising, selling, importing into a webshop or marketplace, or otherwise relying on them. You must not rely on the Service as the sole source of truth for product information.

9.4 No Professional Advice: Produfoto does not verify the factual accuracy, legal compliance, marketplace compliance, advertising compliance, product safety, or commercial suitability of Outputs. Outputs do not constitute legal, regulatory, tax, product safety, marketplace, advertising, or other professional advice.

9.5 Your Listings and Sales: Produfoto is not the seller of record and is not responsible for your product listings, product claims, pricing, legal disclosures, consumer information, customer communications, sales, refunds, returns, recalls, product support, marketplace submissions, advertising, or compliance with applicable laws, regulations, platform policies, and third-party rights.

9.6 Customer Inputs: You are responsible for the accuracy, quality, legality, and completeness of the images, prompts, instructions, product data, reference materials, metadata, and other materials you provide to the Service.

9.7 Platform Rules: We do not guarantee that Outputs comply with the policies, formatting requirements, listing standards, search rules, advertising rules, or acceptance criteria of any marketplace, ecommerce platform, search engine, social platform, advertising network, ERP system, or import tool.

10.1 Service Provided "As Is": THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Output-Related Losses: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUFOTO SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, COST, OR EXPENSE ARISING FROM OR RELATING TO INACCURATE, INCOMPLETE, DEFECTIVE, UNSUITABLE, OR NON-COMPLIANT OUTPUTS, INCLUDING INCORRECT PRODUCT DATA, PRODUCT DESCRIPTIONS, IDENTIFIERS, CLASSIFICATIONS, DIMENSIONS, IMAGES, PRICING SUGGESTIONS, CONDITION DESCRIPTIONS, OR OTHER GENERATED OR EXTRACTED INFORMATION.

10.3 Exclusions: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUFOTO SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SALES, LOSS OF CUSTOMERS, LOSS OF GOODWILL, MARKETPLACE SUSPENSION, ADVERTISING ACCOUNT SUSPENSION, PRODUCT DELISTING, RECALL COSTS, CUSTOMER CLAIMS, BUSINESS INTERRUPTION, DATA LOSS, REPUTATIONAL HARM, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

10.4 Liability Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUFOTO'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO PRODUFOTO FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.5 Mandatory Law: Nothing in these Terms excludes or limits liability where such exclusion or limitation is not permitted by applicable law, including mandatory consumer rights that cannot be waived.

Some jurisdictions do not allow these limitations, so they may not apply to you.

You agree to indemnify, defend, and hold harmless Produfoto, its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• Your Content, product data, instructions, prompts, reference materials, metadata, or other materials you provide;
• Your use, publication, distribution, modification, approval, or reliance on any Output;
• Inaccurate, misleading, unlawful, or non-compliant product listings, descriptions, images, identifiers, classifications, dimensions, pricing, condition descriptions, or claims published by you;
• Your sale, marketing, advertising, distribution, return, refund, recall, or support of any product;
• Your violation of these Terms, applicable law, platform policies, or third-party rights; or
• Any dispute between you and your customers, marketplaces, platforms, advertisers, suppliers, or other third parties.

12.1 By You: You may terminate your account at any time from your account settings. Unused credits are forfeited upon termination.

12.2 By Us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion.

12.3 Effect: Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive (including payment obligations, AI output responsibilities, indemnification, and limitations of liability) will survive termination.

13.1 Governing Law: These Terms are governed by the laws of the Netherlands and the European Union, without regard to conflict of law principles.

13.2 Dispute Resolution: Any disputes shall be resolved in the competent courts of the Netherlands. The former EU Online Dispute Resolution platform was discontinued in 2025; EU consumers may still use available national or cross-border consumer advice and alternative dispute channels where applicable.

13.3 Informal Resolution: Before filing a claim, please contact us at rezfan@produfoto.com to seek informal resolution.

14.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

14.2 Amendments: We may update these Terms at any time. Significant changes will be notified via email or Service notice. Continued use after changes constitutes acceptance.

14.3 Severability: If any provision is found unenforceable, the remaining provisions continue in full effect.

14.4 No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.

14.5 Assignment: You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.