Terms of Service

Last Updated: January 1, 2025

Introduction

Welcome to FastPhoto, a platform that empowers users with cutting-edge AI tools for creating customized photo content and visual assets. By accessing or utilizing any part of FastPhoto’s services, you agree to comply with and be bound by this Terms of Service (“Agreement”). These terms govern your relationship with FastPhoto and define your rights, obligations, and restrictions while using our platform.

This document ensures clarity and transparency regarding the rules governing FastPhoto's services. We encourage all users to read it carefully, as your continued use of the Services indicates your acceptance of these terms. If you disagree with any aspect of this Agreement, you must discontinue using the platform immediately.

Additionally, FastPhoto operates in compliance with various international data protection laws, including GDPR (Europe) and CCPA (California). Our platform is governed under the laws of California, USA, and disputes must be settled through binding arbitration as described below.

1. Acceptance of Terms

By accessing or using FastPhoto’s Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any supplemental terms and policies referenced herein, such as our Privacy Policy. If you do not agree, you are prohibited from accessing or using the Service.

1.1 Modifications to These Terms

FastPhoto reserves the right to modify these Terms at any time. If significant changes are made, we will provide reasonable notice through email or a prominent notice on FastPhoto.io. Your continued use of the Service after any modifications indicates your acceptance of the revised Terms.

1.2 Binding Arbitration Clause

Any disputes arising under these Terms must be resolved through binding arbitration, following the rules of the American Arbitration Association (AAA).
Users waive the right to participate in class-action lawsuits against FastPhoto.
Arbitration will take place in California, USA, and users must bear their legal costs.

These terms establish the legal foundation for using FastPhoto. By proceeding, you agree to these terms and conditions, including subscription fees, acceptable use policies, and dispute resolution mechanisms.

2. Eligibility and Account Creation

2.1 Eligibility

You must be at least 18 years of age (or the legal age of majority in your jurisdiction) to create an account or use the Service.
By creating an account, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.
FastPhoto does not knowingly collect or store data from users under 18 years old.
If we discover that an account was created by someone under 18, we reserve the right to delete the account and its associated data by our Privacy Policy.
If a parent or guardian believes a minor’s data has been collected, they may request deletion at [email protected].

2.2 Account Registration

Certain features of FastPhoto require account registration. You agree to:

Provide accurate, current, and complete information, including a valid email address and a strong password.
Update your information promptly to ensure accuracy.
Maintain the security of your account credentials and prevent unauthorized access.

FastPhoto reserves the right to:

Refuse account registration or terminate accounts at our sole discretion.
Deny access to users found violating our Acceptable Use Policy or other Terms of Service.

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials.
FastPhoto is not liable for any loss or damage resulting from unauthorized use of your account.
If you suspect any unauthorized access, you must immediately notify us at [email protected].
FastPhoto recommends enabling two-factor authentication (2FA) for additional security.

3. Services and Subscriptions

3.1 Nature of Services

FastPhoto provides users with access to AI-powered tools for:

Generating AI-enhanced visuals from uploaded images.
Saving and managing user-generated projects.
Editing and customizing visual assets for personal or commercial use.

By using the Service, you acknowledge that AI-generated content is not guaranteed to be free of errors, biases, or inaccuracies.

3.2 Subscriptions and Fees

FastPhoto operates on a subscription-based model, providing access to advanced AI tools through flexible payment plans.

3.3 Subscription Options

FastPhoto offers several subscription tiers to accommodate different user needs:

Monthly Plans – Flexible short-term access.
Annual Plans – Discounted plans with long-term access to premium features.

Each subscription tier provides:

Varying levels of cloud storage.
Processing power based on your selected plan.
Access to exclusive AI tools for commercial and professional use.

3.4 Payment Terms

By purchasing a subscription, you agree to the following payment terms:

Upfront Payment – Subscription fees are charged at the start of each billing cycle (monthly or annually).
Automatic Renewal – All subscriptions renew automatically unless canceled before the next billing cycle.
Accepted Payment Methods – FastPhoto accepts major credit cards, debit cards, and other payment methods specified during checkout.

3.5 Subscription Cancellation & Auto-Renewal Policies

You can cancel your subscription at any time through account settings.
Upon cancellation, you will retain access until the end of the current billing period, after which your premium features will be revoked.
You will receive an email confirmation upon successful cancellation.

3.6 Refund Policy

Due to the computational intensity of our services, FastPhoto does not offer refunds once processing has begun.
However, exceptions may be made in extraordinary cases, subject to FastPhoto's sole discretion.

3.7 Taxes and Fees

All subscription fees are exclusive of applicable taxes, including federal, state, or local sales taxes.
Users are responsible for remitting any required taxes based on their jurisdiction.

3.8 Trial Periods and Discounts

FastPhoto may occasionally offer free trials or promotional discounts. These offers are subject to:

Revocation if misuse or abuse is detected.
Expiration after the specified promotional period.
Non-retroactive application to previous subscriptions.

3.9 Failed Payments

If your payment method is declined:

FastPhoto reserves the right to suspend access to your account until outstanding fees are resolved.
Repeated payment failures may result in account termination.

3.10 Changes to Subscription Terms

FastPhoto reserves the right to:

Modify subscription fees.
Introduce new subscription tiers.
Adjust features included in each subscription level.

Significant changes will be communicated via:

Email notification.
A prominent notice on FastPhoto.io.

By continuing to use the Service after such changes, you agree to be bound by the updated terms.

4. User Conduct and Restrictions

By using FastPhoto, you agree to follow all applicable laws, regulations, and ethical guidelines. You are strictly prohibited from using the platform in any way that violates our policies.

4.1 Prohibited Uses

You may not use FastPhoto’s services to:

Violate any local, state, federal, or international law or regulation.
Infringe upon the intellectual property, privacy, or publicity rights of others.
Upload, post, or distribute content that is illegal, defamatory, abusive, harassing, discriminatory, hateful, violent, sexually explicit, or otherwise objectionable.
Harass, bully, impersonate, or threaten other users or individuals.
Create, upload, or distribute AI-generated content that impersonates real individuals without their explicit written consent.
Use the platform to create deepfakes, misleading information, or deceptive content.
Attempt to gain unauthorized access to our servers, systems, or user accounts.
Disrupt or interfere with FastPhoto’s normal operation, including spreading malware, spyware, or harmful code.
Upload content depicting minors or violating any child protection laws.
Create or distribute content that promotes illegal activities, products, or services.

4.2 Compliance and Enforcement

FastPhoto reserves the right to:

Monitor, review, and remove any content that violates these terms.
Issue warnings or suspend/terminate accounts found violating these rules.
Report violations to relevant law enforcement authorities if necessary.
Pursue legal action against any user engaging in fraudulent, harmful, or deceptive practices.

5. Intellectual Property Ownership

5.1 FastPhoto’s Intellectual Property

All content provided by FastPhoto—including but not limited to:

Software, text, graphics, logos, images, AI-generated insights, and platform technologies—
is owned or licensed by FastPhoto and protected by copyright, trademark, and intellectual property laws.

You may not:

Reproduce, distribute, modify, create derivative works from, publicly display, or transmit any FastPhoto content without our prior written consent.
Use FastPhoto’s branding, trademarks, or logos for commercial purposes without authorization.

5.2 Limited License to Use FastPhoto

Subject to compliance with these Terms, FastPhoto grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal and commercial purposes.
This license does not include permission to:

Modify or reverse-engineer FastPhoto’s AI models or proprietary technologies.
Extract, scrape, or repurpose AI-generated content for unauthorized use.
Sell or sublicense FastPhoto’s software, tools, or algorithms.

6. User-Submitted Content

6.1 Ownership of User Content

You retain ownership of any content you submit, post, or provide through the Service ("User Content").
This includes, but is not limited to, uploaded images, AI-generated content, comments, and projects.
However, by submitting User Content, you grant FastPhoto a worldwide, non-exclusive, royalty-free, irrevocable, sublicensable, and transferable license to:

Use, reproduce, modify, distribute, display, and perform the User Content for platform operation, feature development, and promotional purposes.

Paid Users: Retain full commercial ownership of AI-generated content created under their subscription plan.
Free Users: FastPhoto retains a non-exclusive license to use AI-generated content for system improvements, promotional activities, and training AI models.

6.2 Responsibility for User Content

You agree that:

You have all necessary rights, licenses, and permissions to submit User Content.
You will not upload content that:

Violates copyright, trademark, or intellectual property rights.
Contains deepfakes, misleading, illegal, or offensive material.
Uses another person’s likeness without explicit consent.

FastPhoto is not liable for any misuse, theft, or unauthorized access to User Content by third parties.

6.3 AI-Generated Content Disclaimer

AI-generated content may not always be accurate, appropriate, or free from bias.
You acknowledge that FastPhoto does not guarantee the suitability or factual accuracy of AI-generated visuals.
FastPhoto is not responsible for how AI-generated images are used or interpreted.

6.4 Right to Remove or Modify Content

FastPhoto reserves the right to:

Remove any User Content that violates these Terms or is deemed inappropriate.
Suspend or terminate accounts that repeatedly upload prohibited or unethical content.

6.5 User Rights to Delete AI-Generated Content & Personal Data

Users can request the deletion of:

Uploaded images
AI-generated content
Personal account information

To request deletion, users may:

Use the "Delete My Data" feature in account settings.
Email [email protected] for account and content deletion requests.

FastPhoto commits to processing data deletion requests within 30 days.

7. Third-Party Content & Links

7.1 Third-Party Services Used by FastPhoto

FastPhoto uses third-party service providers such as AWS, Google Cloud, and OpenAI for AI processing and cloud storage.
These services may collect, store, or process user data as necessary for platform functionality.
FastPhoto does not control or take responsibility for the privacy practices of these third-party providers.
Users may choose to opt out of AI model training by adjusting their privacy settings.

7.2 External Links

The Service may contain links to third-party websites, services, or resources.
FastPhoto does not endorse, warrant, or assume responsibility for any external content.
Users access third-party links at their own risk.

7.3 AI Training Transparency

FastPhoto may use user-submitted data to train AI models to improve service quality.
Users can opt out of AI model training by emailing [email protected].

8. Disclaimers & Warranties

8.1 "As Is" and "As Available" Basis

The FastPhoto Service is provided on an "as is" and "as available" basis.
FastPhoto does not guarantee that the Service will be uninterrupted, error-free, secure, or always available.
AI-generated content is created without human verification and may contain inaccuracies, biases, or inconsistencies.

8.2 No Warranty for AI-Generated Content

FastPhoto makes no warranties regarding the accuracy, reliability, or suitability of AI-generated images and visual assets.
The AI-generated content provided by FastPhoto should not be relied upon for legal, medical, financial, or professional advice.
AI-generated images may contain unexpected or unintended results, and users assume full responsibility for how they interpret or use such content.

8.3 No Warranty for Third-Party Services

FastPhoto does not warrant or endorse third-party tools, platforms, or websites linked to our Service.
The use of third-party services (e.g., AWS, Google Cloud, OpenAI) is subject to their terms, and FastPhoto assumes no responsibility for its performance or privacy practices.

8.4 No Guarantee of Business or Financial Success

FastPhoto does not guarantee that using our platform will result in financial gain, business success, or social media growth.
Users acknowledge that their success depends on various factors, including their marketing strategies and audience engagement.

8.5 No Responsibility for User Decisions

FastPhoto is not responsible for decisions users make based on AI-generated content.
Users assume all risks associated with using AI-generated images for commercial, marketing, or personal projects.

9. Limitation of Liability

9.1 Maximum Liability Coverage

To the fullest extent permitted by law, FastPhoto and its affiliates, officers, employees, agents, and licensors shall not be liable for any:

Indirect, incidental, special, consequential, or exemplary damages.
Loss of profits, goodwill, business opportunities, use, data, or other intangible losses arising from the use of the Service.
Any errors, inaccuracies, or unwanted results from AI-generated images.
Any damages resulting from unauthorized access, data breaches, or service interruptions.

9.2 No Liability for User Misuse

FastPhoto is not liable for:

AI-generated content is being used, interpreted, or modified in an unintended manner.
Legal, ethical, or regulatory consequences that arise from a user's modification or redistribution of AI-generated images.
Users violate copyright, privacy rights, or ethical guidelines when using AI-generated content.

9.3 No Liability for Third-Party Actions

FastPhoto is not responsible for any harm, damages, or losses resulting from:

Third-party service failures, including AWS, Google Cloud, and OpenAI.
Users' engagement with external links on the platform.
Data breaches are caused by cyberattacks or third-party vulnerabilities.

9.4 No Liability for AI Bias or Errors

FastPhoto’s AI models continuously evolve, and content outputs may reflect biases, misinterpretations, or incorrect predictions.
Users accept that AI-generated content may not be neutral or factually correct, and FastPhoto is not liable for any unintended biases.

9.5 Some Limitations May Not Apply

Some jurisdictions do not allow limitations on implied warranties or exclusions for certain damages. In such cases, some of the above limitations may not apply to specific users.

10. Indemnification

10.1 User’s Obligation to Defend FastPhoto

You agree to defend, indemnify, and hold harmless FastPhoto, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from:

Your use or misuse of the Service.
Any content you upload, generate, or distribute through FastPhoto.
Your violation of these Terms, applicable laws, or third-party rights.
Your use of AI-generated content in a way that causes legal or reputational harm.
Any dispute or claim brought by a third party due to your use of FastPhoto’s services.

10.2 FastPhoto’s Right to Assume Defense

FastPhoto reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification.
If we choose to take over the defense, you agree to cooperate fully with our legal team in asserting all available defenses.

11. Termination

11.1 FastPhoto’s Right to Terminate Accounts

FastPhoto may suspend or terminate your access to the Service at any time, with or without cause, and without prior notice, if:

You violate these Terms, including the Acceptable Use Policy.
You engage in fraudulent, abusive, illegal, or harmful behavior.
You use AI-generated content to impersonate others, spread misinformation, or violate ethical guidelines.
You repeatedly fail to make subscription payments.
FastPhoto decides to discontinue or significantly modify the Service.

11.2 Effects of Termination

If your account is terminated:

Your access to FastPhoto’s premium features and stored projects will be revoked.
Your AI-generated content and uploaded images may be deleted permanently.
Any outstanding subscription payments remain payable, and no refunds will be issued.
Certain provisions of these Terms, including Intellectual Property Rights, Indemnification, and Limitation of Liability, will survive termination.

11.3 User-Initiated Account Deletion

You may choose to delete your account and remove your data at any time by contacting [email protected] or using the "Delete My Data" option in your account settings.
FastPhoto commits to processing account deletion requests within 30 days.
Deleting your account will remove your stored AI-generated content, but some non-personally identifiable data may remain in aggregate analytics and backups.

12. Governing Law & Dispute Resolution

12.1 Governing Law

These Terms, along with any disputes arising from or related to FastPhoto, are governed by and construed by the laws of the State of California, USA, without regard to its conflict of law principles.
If you are an EU user, your rights under GDPR are acknowledged, but any legal disputes still fall under California's jurisdiction.

12.2 Binding Arbitration & Class Action Waiver

To the fullest extent permitted by law:

Any dispute, claim, or controversy arising from these Terms or the use of FastPhoto’s Services must be resolved through binding arbitration.
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
The arbitration shall take place in California, USA unless both parties agree to a remote hearing.
Class action lawsuits and jury trials are waived. You may only resolve disputes on an individual basis.
Exceptions: FastPhoto may seek injunctive or other equitable relief in court to prevent misuse or unauthorized access to its intellectual property.

12.3 Opt-Out of Arbitration

If you do not wish to resolve disputes via arbitration, you must submit an opt-out request within 30 days of account creation by emailing [email protected].
Opting out does not affect other Terms, including governing law.

13. Force Majeure

13.1 No Liability for Uncontrollable Events

FastPhoto shall not be held liable for any failure or delay in the performance of its obligations due to circumstances beyond its reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, wildfires, storms).
Acts of war, terrorism, riots, or civil unrest.
Government actions, embargoes, or legal restrictions.
Failure of telecommunications, internet, hosting services, or power outages.
Cyberattacks, ransomware, or distributed denial-of-service (DDoS) attacks.
Strikes, labor disputes, or supply chain disruptions.

13.2 Effect of Force Majeure Events

If a Force Majeure event occurs, FastPhoto will make reasonable efforts to resume services as soon as possible.
Users shall not be entitled to any compensation, refunds, or claims due to service disruptions caused by these events.
If a Force Majeure event continues for more than 60 days, FastPhoto reserves the right to suspend or terminate affected Services.

14. Assignment & No Waiver

14.1 Assignment of Rights

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without FastPhoto’s prior written consent.
FastPhoto reserves the right to freely assign or transfer these Terms in the event of a:

Merger, acquisition, or sale of assets.
Reorganization or corporate restructuring.
The legal transfer of ownership to a successor entity.

If FastPhoto undergoes a business transition, your rights under these Terms will continue under the new entity.

14.2 No Waiver of Rights

Any failure by FastPhoto to enforce any provision of these Terms shall not be considered a waiver of our rights.
A waiver is only effective if:

It is made explicitly in writing.
It is signed by an authorized FastPhoto representative.

The failure to act upon one violation does not prevent FastPhoto from acting on future violations.

15. Severability & Entire Agreement

15.1 Severability Clause

If any provision of these Terms is found to be invalid, unenforceable, or unlawful by a court of competent jurisdiction:

That provision shall be enforced to the maximum extent permitted by law.
The remaining Terms shall remain in full force and effect.

If necessary, FastPhoto may replace an invalid provision with a legally compliant alternative that maintains the original intent.

15.2 Entire Agreement

These Terms, along with the Privacy Policy and any other referenced policies, constitute the entire agreement between you and FastPhoto regarding the use of the Service.
These Terms supersede any prior agreements, understandings, or negotiations between the parties, whether oral or written.
Any modifications to these Terms must be in writing and formally issued by FastPhoto.

16. Changes to These Terms

16.1 Right to Modify Terms

FastPhoto reserves the right to modify, update, or amend these Terms at any time.
If significant changes occur, FastPhoto will provide reasonable notice through:

Email notifications are sent to registered users.
A prominent notice on FastPhoto.io before changes take effect.

16.2 User Acknowledgment of Changes

Continued use of FastPhoto’s Service after updates take effect constitutes acceptance of the revised Terms.
If you do not agree with the modifications, you must discontinue use of the Service immediately.

16.3 Retroactive Application

Modifications do not apply retroactively.
Any disputes arising before changes take effect will be governed by the previous Terms in place at that time.

17. Contact Information

For any questions, concerns, or comments regarding these Terms, you may contact FastPhoto at:

Email: [email protected]
Website: www.fastphoto.io

Effective Date: January 1, 2025