Terms of Service

Last updated: October 16, 2025

1. Agreement to Terms

By accessing or using Produfoto's image processing service at produfoto.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Produfoto / Produfoto ("we," "us," or "our").

2. Service Description

Produfoto provides AI-powered image processing services including:

  • Background removal and product cutout creation
  • AI packshot generation
  • Product information extraction (size, SKU, GTIN, etc.)
  • Product description generation
  • Bulk image processing capabilities

The Service operates on a credit-based system where credits are consumed for successful processing operations.

3. Account Registration and Security

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 Use: If you use the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms.

4. Credits, Pricing, and Payment

4.1 Credit System: The Service operates on a prepaid credit system. Credits are purchased in packages or through subscription plans.

4.2 Credit Consumption: Credits are only deducted for successfully completed operations. Failed operations or unsatisfactory results are automatically refunded.

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.

5. Acceptable Use Policy

You agree NOT to:

  • Upload images containing illegal, harmful, or offensive content
  • Upload images that violate intellectual property rights of others
  • Use the Service to process images depicting violence, pornography, or illegal activities
  • Attempt to reverse engineer, decompile, or extract the underlying AI models
  • Use automated tools to abuse or overload the Service
  • Resell or redistribute the Service without explicit written permission
  • Use the Service for any unlawful purpose or in violation of applicable laws
  • Interfere with or disrupt the Service or servers/networks connected to the Service

Violation of this policy may result in immediate account suspension or termination without refund.

6. Intellectual Property Rights

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. Data Retention and Privacy

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. Service Availability and Quality

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 AI technology which may not always produce perfect results. Output quality depends on input image quality and complexity.

8.3 No Guarantees: We do not guarantee that processed images will meet your specific requirements or be error-free. Review all outputs before use.

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. Limitation of Liability

9.1 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.

9.2 Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Exclusions: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

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

10. Indemnification

You agree to indemnify and hold harmless Produfoto, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any rights of third parties.

11. Termination

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

11.2 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.

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

12. Governing Law and Disputes

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

12.2 Dispute Resolution: Any disputes shall be resolved in the competent courts of the Netherlands. EU consumers may also use the EU Online Dispute Resolution platform.

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

13. General Provisions

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

13.2 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.

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

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

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

14. Contact Information

For questions about these Terms, contact us at:

Email: rezfan@produfoto.com
Support: rezfan@produfoto.com