Terms of Service
Introduction
Thank you for using Photo Enhancer ("Platform"), a professional photo enhancement and editing service. These Terms of Service ("Terms") apply to your use of our website, platform, services, and all associated software applications (collectively, "Services"). These Terms form a legally binding agreement between you and Photo Enhancer, and include important provisions for resolving disputes. By using our Services, you agree to these Terms.
Who We Are
Photo Enhancer provides professional photo editing services including photo enhancement, restoration, retouching, and digital manipulation. Our Services are provided to you by KI Timber Design, a company with its registered office in Australia.
Registration and Access
Minimum Age
If you are under 18, you must have your parent or legal guardian's permission to use our Services.
Registration
You must provide a valid email address to register for an account. You may not share your account credentials, and you are responsible for all activities that occur through your account.
Using Our Services
Our Software
Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Some parts of our software may include open source elements that are governed by their own licenses.
Third Party Services
Our Services may include third party software, products, or services ("Third Party Services"). Third Party Services are subject to their own terms, and we are not responsible for them.
Platform Content Policy
We believe you should have the flexibility to use our Services as you see fit, provided your use does not harm yourself or others. When using our Services, the following rules apply:
- You may not use the platform to create, enhance or distribute content that is illegal, defamatory, discriminatory, or offensive.
- You may not use our Services to edit or manipulate images in ways that could harm, defraud, harass, or defame others.
- You may not interfere with or disrupt our Services, including circumventing usage limits.
- You may not upload images that infringe on the copyright or intellectual property rights of others.
Violating these rules could result in suspension or termination of your account.
Service Offerings and Account Types
Free Account
Photo Enhancer offers limited services free of charge to registered users with a Free Account. Users are limited to one (1) free account per person. We reserve the right to remove users who breach this condition.
Free Accounts include a limited number of basic photo edits per month, with restrictions on file size and resolution.
Professional Account
We offer paid subscriptions that provide access to enhanced features and functionalities ("Professional Features"). Usage limits depend on the specific subscription package selected, which will be clearly communicated before purchase.
Content
Your Content
You may provide images to our Services ("Input"), and receive edited images from our Services ("Output"). Input and Output are collectively known as "Content." You are responsible for your Input, including ensuring it does not violate any applicable law or these Terms.
Ownership of Content
As between you and Photo Enhancer, and to the extent permitted by law, you (a) retain your ownership rights in your Input and (b) own your Output, subject to our payment terms. We assign to you all our right, title, and interest in and to the Output upon full payment.
Intellectual Property
Photo Enhancer is the owner of the intellectual property created by us in the course of our Services, including but not limited to the editing techniques, digital or electronic material, and editing processes relating to the photographs. However, the final edited images are owned by you upon full payment.
Usage Rights
Photo Enhancer retains the right to use examples of our work for promotional purposes, including displaying edited images in our portfolio, on our website, and in marketing materials, unless you specifically request otherwise in writing.
Fees and Payment
Fees
All charges, including subscription fees and one-time editing services, will be made clear to you before purchase. Payment may be processed through third-party payment services, which may have their own terms and conditions.
Billing
If you purchase Services from Photo Enhancer, you must provide complete and accurate billing information, including a valid payment method. For subscriptions, our payment services provider will automatically charge your payment method on each periodic renewal until you cancel. Applicable taxes will be charged when required by law.
Payment Terms
The client agrees to pay the Fee and Expenses (plus any applicable taxes) for the Services. For one-time services, full payment is required within the timeframe specified in your invoice. For ongoing subscriptions, payment is made according to the subscription terms.
Cancellation
You may cancel your paid subscription at any time. You will not be charged after you cancel your subscription. Payments are non-refundable, except where required by applicable consumer protection laws. You will continue to have access to the Professional Features until the end of the subscription period you have paid for.
Service Quality and Delivery
Service Standards
We strive to deliver high-quality photo enhancement services that meet industry standards. Our editing process includes color correction, retouching, restoration, and any customizations you request.
Turnaround Time
Standard turnaround times for edited images will be clearly communicated before you place an order. Turnaround times may vary based on complexity, volume, and the specific service package selected.
Revisions
The number of revision requests included with each service will be specified in your service package. Additional revisions beyond the included amount may incur extra charges.
Termination and Suspension
Termination
You may cease using our Services and end your relationship with Photo Enhancer at any time by closing your account and stopping your use of the Services. To close your account, please contact our Support team.
We reserve the right to suspend or terminate your access to our Services or delete your account if we determine that you have breached these Terms, or if we are compelled to comply with the law.
Privacy
We respect your privacy and are committed to protecting your personal information. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy and applicable privacy laws.
Disclaimers and Warranties
Our services are provided "as is". To the maximum extent permitted by law, we make no warranties (express, implied, statutory or otherwise) with respect to the services, and disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, and non-infringement.
You accept and agree that any use of our Services is at your own risk.
Limitation of Liability
To the extent permitted by law, Photo Enhancer will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.
Our aggregate liability under these Terms will not exceed the greater of the amount you paid for the service that gave rise to the claim during the twelve (12) months before the liability arose or one hundred units of your local currency.
Dispute Resolution
Informal Dispute Resolution
If either of us has any claim arising out of or relating to these Terms or our Services ("Dispute"), we would first like to understand and try to address your concerns before any formal legal action. We both agree to try to resolve the Dispute informally by contacting each other in writing.
Formal Dispute Resolution
If we cannot resolve a Dispute informally, you and Photo Enhancer agree that any Dispute will be resolved in accordance with the laws of your jurisdiction. You may choose to pursue your claim in your local courts, through arbitration, or through applicable consumer protection agencies.
Consumer Guarantees
Our Services come with guarantees that cannot be excluded under applicable consumer protection laws. Nothing in these Terms is intended to exclude, restrict or modify rights which you may have under such laws.
Changes to These Terms
We may update these Terms or our Services from time to time. All changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our Services.
Governing Law
These Terms are governed by the laws of your jurisdiction. Any disputes arising from or relating to these Terms or our Services will be subject to the exclusive jurisdiction of the courts of your jurisdiction.
Contact Us
If you have any questions about these Terms or our Services, please contact us through our contact form.