Terms of Service

Last updated: April 9, 2025

1. Introduction

Welcome to photographe.ai. These Terms of Service govern your access to and use of our website and services. By using our website, you agree to comply with these terms. If you do not agree with any part of these terms, please do not use our website.

2. User Accounts and Authentication

Users can sign in using Google Sign In or Apple Sign In. Personal data collected includes email, full name, and avatar. This information is used to recognize your account and allow you to log in conveniently.

3. AI Portrait Generation

Users can upload temporary pictures during the training process to generate AI portraits. Each photo generation costs 2 credits, and generating a new AI model costs between 600 and 1000 credits. Credits are refilled monthly.

Users retain ownership of the AI-generated portraits they create. By using our services, users grant Photographe AI a non-exclusive, worldwide, royalty-free license to use, reproduce, and display the generated content solely for the purpose of operating, maintaining, and improving our services, including internal research and development. This license does not permit public redistribution or commercial resale of the user’s content.

4. Model Sharing

Users may share their own models, including models created using publicly available images of celebrities or politicians, provided that such use is clearly for lawful, non-commercial, and artistic purposes, including but not limited to satire, parody, or commentary.

Users must ensure they have obtained all necessary rights, consents, or that their use falls under a recognized legal exception. Photographe AI does not verify the legality of models and disclaims any responsibility for improper use by users. Shared models may be reused by other users under the same terms. Using models of real individuals for impersonation, misleading content, or endorsement is strictly prohibited.

5. Source Image Sharing

Users can share source images, such as hairstyles, outfits, or scenes from movies or other media. Shared source images can be used by other users to create their own portraits or models.

Users are responsible for ensuring they have the rights to share these source images and must comply with local laws and regulations. Users may not upload screenshots or media excerpts from copyrighted content such as films, series, or commercial photography unless the content is licensed for reuse or is otherwise permitted under applicable copyright exceptions (e.g., parody, critique, or fair use). Instead, users are encouraged to share original or AI-generated content inspired by such media.

6. Prohibited Content

It is strictly prohibited to generate content that includes children in inappropriate settings, including but not limited to violence, nudity, or sexual situations. The creation or dissemination of non-consensual deepfakes, misleading impersonations, or manipulated media designed to deceive or harm others is also strictly prohibited.

The following content is strictly prohibited:

• Any depictions involving children in inappropriate settings, including but not limited to violence, nudity, or sexual situations.
• Non-consensual deepfakes, misleading impersonations, or manipulated media intended to deceive, impersonate, or harm others.
• Uploading or sharing copyrighted material without authorization, including movie stills, promotional images, or studio photography.
• Content that promotes or glorifies hate, discrimination, harassment, or violence against individuals or groups based on race, ethnicity, nationality, religion, gender, sexual orientation, disability, or other protected characteristics.
• Generation or sharing of sexually explicit, pornographic, or sexually suggestive content involving real individuals, unless they have consented and are over the age of 18.
• Content that promotes or enables scams, phishing, financial fraud, or other deceptive practices.

Violation of these rules will result in account suspension and, if necessary, notification of the relevant authorities.

Uploading or sharing copyrighted material without authorization, including movie stills, promotional images, or studio photography, is also prohibited.

7. User Responsibilities

Users are responsible for the content they share on the platform. Photographe AI is not responsible for what users share in the application. Each user must verify that they are allowed to share the content (model or image) according to local laws.

For example, users are allowed to make satire of celebrities using photomontages but are not allowed to use it for scams or fake news. Users acknowledge that they are solely responsible for verifying whether the content they upload is protected by copyright, trademark, likeness rights, or other legal constraints.

8. User Conduct and Content Guidelines

Users agree to use the platform responsibly and comply with all applicable laws and regulations. Prohibited activities include, but are not limited to:

• Uploading or sharing content that infringes on any third party's intellectual property rights.
• Engaging in activities that are fraudulent, defamatory, or otherwise unlawful.
• Distributing malicious software or engaging in any activity that could harm the platform or its users.

9. Data Privacy and Security

Privacy is ensured by our third-party providers AWS and Fal.AI. We never store the original pictures ourselves. Generated images are stored until deleted by the user. They are protected by a unique token present in the URL. Sharing the URL with others allows them to access the generated images. Users can delete their images at any time, and the images will be permanently deleted from our servers.

For debugging purposes, only specialized teams have access to providers. Users cannot opt out of such tools that are necessary for the proper functioning of the app.

For more information, please refer to the privacy policies of our third-party providers:

• AWS Privacy Policy
• Fal.AI Privacy Policy
• Sentry.io Privacy Policy

10. User Notifications

Users receive system notifications for events such as the end of model training. Users can opt-in to receive news updates about photographe.ai and can unsubscribe at any time by using the "unsubscribe" link in the received email.

11. Liability and Compliance

Photographe AI aims to comply with data protection regulations and ensures the security of user data. However, we limit our liability for any misuse of shared models or source images by other users.

In case of violation of these terms, the user's account will be suspended, and authorities will be notified if necessary.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms of Service or the use of Photographe AI's services shall be resolved through binding arbitration in accordance with the rules of the International Chamber of Commerce (ICC). Arbitration shall be conducted in Paris, France, in English or French. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13. Termination of Services

Photographe AI reserves the right to suspend or terminate user accounts at its sole discretion, without prior notice, for conduct that violates these Terms of Service or is otherwise harmful to other users or the platform. We may also remove any content that violates these terms or poses a risk to the integrity or reputation of our services.

14. Limitation of Liability

While we strive to provide a reliable and secure service, to the fullest extent permitted by law, Photographe AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

15. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.

16. Age Restrictions

Users must be at least 18 years old to create an account and use Photographe AI's services. By agreeing to these Terms, you represent and warrant that you are at least 18 years of age.

17. Modification of Terms

Photographe AI reserves the right to modify these Terms of Service at any time. We will provide notice of any significant changes through our website or via email, at least 7 days prior to their effective date. Continued use of the services after such changes constitutes acceptance of the new Terms.

18. Contact Information

For any questions, concerns, or feedback regarding these Terms of Service, please contact us at hello@photographe.ai or through our support page at https://photographeai.featurebase.app/.

19. Appeals and Mistake Reporting

If you believe your content was removed or your account was suspended by mistake, or if you encounter any issue related to moderation or enforcement of these Terms, you may contact us for review.

Please provide a clear explanation and any supporting evidence by emailing us at hello@photographe.ai. We will review your case in a timely manner and respond with a resolution or further instructions.