Pro Photo Wizard Terms and Conditions
Last modified Oct 12, 2024
Introduction
Thank you for your interest in Pro Photo Wizard. By using Pro Photo Wizard, you agree to these terms.
Use of Pro Photo Wizard
Pro Photo Wizard can generate images ("photoshoots"), combined with a set of pictures you upload.
Age Requirements
By accessing the Services, you confirm that you're at least 16 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of use in your country, your parent or guardian must agree to this Agreement on your behalf. Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you're responsible for your teenager's activity on the Services. No assurances are made as to the suitability of the Generations for you.
Use of Images
Subject to your compliance with these terms and our Content Policy, you may use photoshoots for any legal purpose, including for commercial use. This means you may sell your rights to the photoshoots you create, incorporate them into works such as books, websites, and presentations, and otherwise commercialize them.
Prompt Guidelines
Pro Photo Wizard should not be used for:
- NSFW, lewd, or sexual material
- Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc
- Copyrighted or trademarked material should be avoided in prompts and uploads.
Buying Photoshoots
You may buy photoshoots to create additional creating, subject to the payment terms in our Terms of Use. Photoshoots must be used within one year of purchase or they will expire. We may change our prices at any time by updating our pricing page.
No Infringing or Harmful Use
You must comply with our Content Policy, and you may not use Pro Photo Wizard in a way that may harm a person or infringe their rights. For example, you may not submit Uploads for which you don't have the necessary rights, images of people without their consent, or Prompts intended to generate harmful or illegal images. We may delete Prompts and Uploads, or suspend or ban your account for any violations.
Ownership of photoshoots
To the extent allowed by law and as between you and Pro Photo Wizard, you own your Prompts, Uploads and photoshoots. Pro Photo Wizard grants you the exclusive rights to reproduce and display such photoshoots and will not resell photoshoots that you have created, or assert any copyright in such photoshoots against you or your end users, all provided that you comply with these terms and our Content Policy. If you violate our terms or Content Policy, you will lose rights to use photoshoots, but we will provide you written notice and a reasonable opportunity to fix your violation, unless it was clearly illegal or abusive. You understand and acknowledge that similar or identical photoshoots may be created by other people using their own Prompts, and your rights are only to the specific Generation that you have created.
Storage Policy
Generated images, created photoshoots, will be automatically deleted 30 days after the creating time ended. You may delete the generated images at any time before.
No Guarantees
We plan to continue to develop and improve Pro Photo Wizard, but we make no guarantees or promises about how Pro Photo Wizard operates or that it will function as intended, and your use of Pro Photo Wizard is at your own risk.
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Pro Photo Wizard do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Modification of Terms of Service
At its sole discretion, Pro Photo Wizard may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Pro Photo Wizard or Service or by sending you an email. Pro Photo Wizard may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Choice of Law
Should any dispute arise under this Terms of Use, the access or use of Pro Photo Wizard web app, etc, the law of the Israel in all respects shall govern, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access/use. Use of Pro Photo Wizard without the user's acceptance of this Terms of Use and all incorporated provisions constitutes unauthorised use for which the user disclaims any/all potential or actual right to relief against Pro Photo Wizard, regardless of the legal jurisdiction of Pro Photo Wizard or the user's domicile, residence, or location.
Limitation of Liability
In no event shall Pro Photo Wizard nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Indemnity Clause
Users, by use of Pro Photo Wizard, hereby agree to indemnify and hold harmless Pro Photo Wizard against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (from now on "Claims"), arising out of and relating in any way to intellectual property infringement claims made against Pro Photo Wizard concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify Pro Photo Wizard against all Claims relating in any way to your use of Pro Photo Wizard. This indemnity includes reimbursement to Pro Photo Wizard for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys' fees, and reimbursement for any losses and liabilities of Pro Photo Wizard, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against Pro Photo Wizard.
Pro Photo Wizard makes no warranties or representations concerning user Content and is not responsible for unauthorised use. Users are responsible for using Pro Photo Wizard only as authorised and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use.