Terms of Service

1. Acceptance of Terms

By accessing and using PhotoSpark's AI-powered background removal service ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

PhotoSpark reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service shall be subject to the Terms of Service.

2. Service Description

PhotoSpark provides an AI-powered image processing service that automatically removes backgrounds from digital images. Our service includes:

• Automated background removal using advanced AI algorithms
• Image editing tools including background replacement and visual effects
• Batch processing capabilities for multiple images
• High-resolution image downloads
• Cloud-based processing and temporary storage
• API access for developers and businesses

The Service is provided "as is" and we make no warranties regarding the accuracy, reliability, or availability of the Service.

3. User Accounts and Registration

To access certain features of the Service, you may be required to create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account, whether or not you have authorized such activities.

4. Acceptable Use Policy

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

• To upload, process, or distribute content that violates any law or regulation
• To upload images containing explicit, violent, or harmful content
• To process copyrighted images without proper authorization
• To upload images of people without their consent
• To create deepfakes or other deceptive content
• To attempt to reverse engineer or compromise our AI algorithms
• To overload or interfere with the proper functioning of the Service
• To violate the privacy rights of others

PhotoSpark reserves the right to terminate accounts that violate this Acceptable Use Policy.

5. Intellectual Property Rights

Your Content

You retain all rights to the images you upload to our Service. By uploading images, you grant PhotoSpark a limited, non-exclusive license to process your images for the purpose of providing the Service.

Our Service

The Service, including its AI algorithms, software, design, and content, is protected by copyright, trademark, and other intellectual property 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 proprietary notices
• Use our trademarks without permission

6. Privacy and Data Processing

Your privacy is important to us. Our processing of your personal data and images is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points regarding data processing:

• Images are processed in secure cloud environments
• Processed images are automatically deleted after 24 hours
• We do not use your images to train our AI models without consent
• Account data is stored securely and protected
• You can request deletion of your account and associated data

7. Subscription Plans and Billing

PhotoSpark offers both free and paid subscription plans. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described in your chosen plan
• Provide accurate billing information
• Authorize recurring charges for subscription renewals
• Accept that fees are non-refundable except as required by law

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period.

8. Refund Policy

You are eligible for a full refund if you request it within 14 calendar days of your initial subscription purchase. This applies to first-time subscriptions and plan upgrades.

Refunds are not available for subscription renewals, requests made after 14 days, or accounts terminated for Terms violations. To request a refund, contact us at support@PhotoSpark.pro with your account email and transaction details.

Approved refunds will be processed within 2-3 business days to your original payment method. Your account will be downgraded to the free plan upon refund processing.

9. Service Availability and Modifications

We strive to provide reliable service but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to maintenance, updates, or technical issues.

PhotoSpark reserves the right to modify, suspend, or discontinue any part of the Service at any time with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PhotoSpark SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES.

Our total liability for any claims related to the Service shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless PhotoSpark from any claims, damages, losses, and expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

Either party may terminate this agreement at any time. PhotoSpark may terminate your access to the Service immediately for violation of these Terms.

Upon termination, your right to use the Service will cease immediately, and we may delete your account and associated data.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except for claims that may be brought in small claims court.

14. Contact Information

If you have any questions about these Terms of Service, please contact us at: