Terms of Service

1. Agreement to Terms

Welcome to PhotoTextify! These Terms of Service ("Terms") govern your access to and use of the PhotoTextify website located at www.phototextify.com and all related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Important: Please read these Terms carefully before using our Service.

2. Definitions

• "Service" refers to the PhotoTextify website and all features, tools, and functionality provided.
• "User," "you," and "your" refer to you, the person accessing or using the Service.
• "We," "us," and "our" refer to PhotoTextify and its operators.
• "Content" refers to images, text, designs, and other materials you create or upload using the Service.

3. Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from a parent or legal guardian to use the Service.

By using the Service, you represent and warrant that:

• You meet the age requirements stated above
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws

4. Service Description

PhotoTextify is a free, browser-based tool that provides the following features:

• AI-powered background removal from images
• Text-behind-subject effects
• Custom background replacement
• Photo filters and effects
• Text styling and customization
• Image download in PNG format

Important: All image processing happens entirely in your web browser. We do not upload, store, or access your images on our servers.

5. No User Accounts

PhotoTextify does not require user accounts, registration, or login. You can use the Service immediately without providing any personal information.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

6.1 Prohibited Content

• Upload, process, or create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Upload or process images containing child sexual abuse material (CSAM) or any content depicting minors in a sexual manner
• Upload images you do not own or have permission to use
• Create content that infringes on intellectual property rights, trademarks, copyrights, or other proprietary rights
• Create or distribute content that promotes violence, terrorism, hate speech, or discrimination
• Create deepfakes or manipulated images intended to deceive or harm others
• Create content that violates any person's privacy or publicity rights

6.2 Prohibited Activities

• Attempt to reverse engineer, decompile, or extract source code from the Service
• Use automated scripts, bots, or crawlers to access the Service
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to transmit viruses, malware, or other malicious code
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Collect or harvest information about other users without their consent
• Use the Service for any commercial purpose without our express written consent

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including but not limited to:

• Terminating or suspending access to the Service
• Reporting violations to law enforcement authorities
• Taking legal action to enforce these Terms

7. Intellectual Property Rights

7.1 Your Content

You retain all ownership rights to the images and content you upload to the Service. By using the Service, you grant us NO rights to your content because:

• Your images are processed entirely in your browser
• We never receive, store, or access your images
• All content remains on your device

You are solely responsible for:

• Ensuring you have the right to use any images you upload
• Obtaining necessary permissions, licenses, or releases for your content
• Complying with copyright, trademark, and other intellectual property laws

7.2 Our Service

The Service, including its design, code, features, functionality, and all related intellectual property, is owned by PhotoTextify and protected by copyright, trademark, and other laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use our name, logo, or branding without written permission

7.3 Third-Party Resources

The Service uses open-source libraries and third-party AI models (e.g., background removal models). These resources are subject to their respective licenses.

8. Disclaimer of Warranties

We do not warrant that:

• The Service will meet your specific requirements or expectations
• Background removal or other features will work perfectly in all cases
• The Service will be available at all times or free from technical issues
• Errors or bugs will be corrected
• The Service will be compatible with all devices or browsers

You acknowledge that AI-based tools are not perfect and may produce unexpected or inaccurate results. You use the Service at your own risk.

9. Limitation of Liability

This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.

Maximum Liability: In no event shall our total liability to you for all damages exceed $0 (zero dollars), as the Service is provided completely free of charge.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless PhotoTextify and its operators, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Your violation of any applicable laws or regulations
• Any content you upload, process, or create using the Service

11. Third-Party Services and Links

The Service may contain links to third-party websites, services, or advertisements (e.g., Adobe Firefly). We are not responsible for:

• The content, accuracy, or practices of third-party websites
• Any transactions you enter into with third parties
• Any damages or losses caused by third-party services

Your interactions with third parties are solely between you and the third party. We encourage you to review their terms and privacy policies.

12. Service Availability and Modifications

12.1 Availability

We strive to keep the Service available 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Technical issues or server problems
• Third-party service disruptions
• Circumstances beyond our control

12.2 Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We will not be liable for any modification, suspension, or discontinuation of the Service.

13. Termination

We reserve the right to terminate or restrict your access to the Service at any time, without notice, for any reason, including but not limited to:

• Violation of these Terms
• Illegal or harmful activity
• Abuse of the Service
• At our sole discretion

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to disclaimers, limitations of liability, and indemnification.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of your local jurisdiction, without regard to its conflict of law provisions.

14.2 Dispute Resolution

If you have any dispute with us, please contact us first to attempt to resolve the matter informally. If we cannot resolve the dispute informally, any legal action or proceeding shall be brought exclusively in the courts of your local jurisdiction.

14.3 Class Action Waiver

You agree to bring any dispute in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Post the updated Terms on this page
• Notify users of material changes (if applicable)

Your continued use of the Service after changes to the Terms constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Service.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PhotoTextify regarding the Service and supersede all prior agreements, understandings, and communications.

18. Contact Information

If you have any questions about these Terms or the Service, please contact us: