Terms of Service

If you require any more information or have any questions about our ToS, please feel free to contact us by email at [email protected]
Last updated: July 3, 2023.

Indemnification

This agreement is between you (the “User” or “you”) and Logopony OÜ which owns & operates https://photoeditor.ai (“PhotoEditor”, or “we”). We provide Users with access to our platform that enables Users to create and manage the End Products (as defined below). These services may be provided through personalized or generalized designs, interaction services or content (collectively, the “Services”) through 172.67.168.2 or any of PhotoEditor’s associated Online Platform (the “Site”) or directly from PhotoEditor and its representatives. By inputting any details, initiating a design process, or using any other content within our Site you confirm your obligation to comply with our Terms of Service, Privacy Policy and any other guidelines posted on the Site. If you do not agree with all of the provisions of this Agreement, you cannot use the Services. Please feel free to contact us with any questions regarding the content of this agreement.

You hereby agree to indemnify, defend and hold harmless PhotoEditor and its creators from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Product, Photo Editor including, without limitation, all claims relating to your use of any Design Elements contained therein.

1. Our Photo Editor and others

Platform Purpose – PhotoEditor provides an online platform that assists to create and edit photos. Users can use PhotoEditor's service to create and customize their own photo or a schedule (collectively, the “End Products” or “ByProducts”).

Information – Throughout the use of the Site by the User, PhotoEditor may request the User to input information or answer questions in order to create the End Products (the “Design Process”). PhotoEditor may use this information as detailed in PhotoEditor’s privacy policy available at https://photoeditor.ai/privacy/.

User responsibilities

a. Legality of Activity – You accept sole responsibility for all of your activities using our Site, including content you submit or share via PhotoEditor’s photo Process. You will not use our Services for any illegal purpose. You are responsible for ensuring you do not violate the laws of your jurisdiction, including but not limited to copyright, IP, trademark, design patent and related laws. PhotoEditor may determine in its sole discretion whether or not an Account is in violation of any of its policies. Violation of any of these policies may result in User information tracking with such information being stored to identify the offending user. Offending User may be permanently restricted from holding an account or using the Services. If PhotoEditor reasonably determines that your Account is being used for illegal or fraudulent activity, then your Account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.

General – In addition, you agree to all of the following:

• You hereby confirm that you will not use PhotoEditor Service or End Products for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
• You will not access the Services through automated means or use the Services if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
• You will not imply or claim that you are affiliated with or endorsed by PhotoEditor without our express written permission.
• You will not access the Services or the Account by any means other than through the interfaces provided by PhotoEditor and you will not attempt to or actually override or sabotage our security. In addition you will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on PhotoEditor infrastructure.
• You agree that PhotoEditor shall not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third party links appearing on our Site.
• You will not create End Products using PhotoEditor that are: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
• Fees and Taxes

Termination Policy

Cancellation by PhotoEditor – These Terms Of Service will remain in full force and effect at any time while you use PhotoEditor’s Platform or our Services or End Products. We may suspend or terminate your rights to use our Services (including the Account and End Products) at any time at our sole and absolute discretion, including, without limitation, for any use of the Site or Services in violation of this Agreement. You understand that any termination of your Account may result in the deletion of your Account, all related information and the End Products associated therewith from our live databases.

Cancellation by User – You may decide to stop using the Services and End Products at any point in time. The effective date and time for this cancellation will commence the moment you have issued the cancellation request. Please know that as PhotoEditor’s cancellation process may take some time.

Other

Disputes – Any formation or interpretation of this Agreement and any disputes arising from it will be governed by the laws of the Estonia and the laws of Estonia applicable therein. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Tallinn, and you hereby submit to the personal jurisdiction of such courts.

Indemnification – You hereby agree to indemnify, defend and hold harmless PhotoEditor and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the PhotoEditor Services, End Products, designs or Site, including, without limitation, all claims relating to your use of your account, photo editor.

Changes to this agreement – We might, from time to time, modify parts of this Agreement. In such case, we will release a notice on our Site or send an email to our registered Users. Since such notices might many times be overlooked, we encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

Privacy – Please review our Privacy Policy for any concerns regarding your privacy.

Misc. – If we do not enforce any part of this Agreement, it will not be considered a waiver and if any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

Our site, photo editor, software, end products, services and materials, and/or any other content or product, are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. You agree that your use of the PhotoEditor site and services shall be at your sole risk. To the fullest extent permitted by law, PhotoEditor, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the site and your use thereof. PhotoEditor makes no warranties or representations whatsoever regarding the accuracy of content or designs. Errors, mistakes, or inaccuracies of content personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services and site will not, in any event, directly or indirectly be held against PhotoEditor , its officers, directors, employees, or agents. PhotoEditor will not be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any unauthorized access to or use of our secure servers and/or any and all personal information and/or other information stored therein. We shall not be held accountable for any interruption or cessation of transmission to or from our site, nor for any bugs, viruses or trojan horses that may be transmitted to or through our site by any third party, nor for any errors or omissions in any content nor for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the PhotoEditor platform. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that PhotoEditor is not liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user. PhotoEditor will not be in any way responsible for monitoring any transaction between you and any third-party providers of products or services. You should use your best judgment and exercise caution where appropriate. PhotoEditor will not bear any security risks regarding breach or damage to any user content. PhotoEditor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party using our brands or any hyperlinked website or featured in any banner or other advertising, and we do not make any representations that our website is appropriate or available for use in all locations. Those who access or use the PhotoEditor site from jurisdictions prohibiting such use do so at their own volition and are responsible for compliance with the local law. Neither PhotoEditor nor its third party content provider are liable for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of PhotoEditor (including the use of the photo editor). Your sole and exclusive remedy is to cease using the site, the services and our designs.