Legal

Terms of Service

1. Acceptance of Terms

By accessing and using PhotoVortex's services at app.photovortex.com (“the Service”), provided by PhotoVortex (“PhotoVortex”, “we”, “us”), You (the User) agree to comply with and be bound by these terms and conditions. If you do not agree to these terms, do not use the Service.

2. Changes to Terms

PhotoVortex reserves the right to change, modify, or revise these terms and conditions at any time. The continued use of the Service following the posting of any changes to the terms constitutes acceptance of those changes.

3. Registration and Account Security

To use the Service, User must register for an account. User agrees to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Conduct

Users agree not to use the Service to:

• Violate any laws or regulations.
• Infringe upon the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights.

Acceptable Use Policy (AUP)

1. Ethical and Responsible Use

Ensuring the ethical and responsible use of PhotoVortex is paramount. All users of PhotoVortex must adhere to our Acceptable Use Policy (AUP).

2. API Providers and Foundational LLM Models

Our services are underpinned by foundational AI image generation models, primarily developed by companies such as stability.ai, black forest labs and others, and sometimes hosted by third parties such as Fal or Replicate. Users must:

• Not use train models on the images of minors below the age of 18 or create any content that involves minors.
• Refrain from using models for generating misleading information, deepfakes, hate speech, harassment or any content that can be harmful or deceitful.
• Not use models to promote hate, discrimination, or violence.
• Respect any additional terms, guidelines, and policies set forth by our API providers.
• Ensure that any data or content used with models does not violate privacy laws, intellectual property rights, or other legal standards.

3. Violations and Mitigations

User Notifications: If users are determined to be in violation of the AUP, they will receive notifications. They will have an opportunity to address and rectify the issue or file an appeal if they believe there has been an oversight.

Suspension & Termination: The severity of the AUP violation will determine the corrective measures. This can range from temporary suspension to permanent termination of the user's PhotoVortex account.

Feedback System: We believe in the strength and vigilance of our community. We strongly encourage users and the broader community to report any deployments or actions on the platform that they deem questionable or in violation of the AUP.

Continuous Review: In a rapidly evolving digital landscape, we are committed to ensuring our AUP remains robust and relevant. We routinely update our AUP based on societal standards' evolution and valuable feedback from our users.

By using PhotoVortex, you acknowledge that you have read, understood, and agreed to adhere to our AUP. Failure to comply can result in corrective action as detailed above.

Data Protection and Privacy

1. GDPR (General Data Protection Regulation) Compliance

For users residing in the European Union (EU) and European Economic Area (EEA):

• You have the right to request access to, correction of, or deletion of your personal data.
• You can object to the processing of your personal data, ask us to restrict processing of your personal data, or request portability.
• If we have collected and processed your personal data with your consent, you can withdraw your consent at any time.
• You have the right to complain to a data protection authority about our collection and use of your personal data.

2. CCPA (California Consumer Privacy Act) Compliance

For residents of California, USA:

• You have the right to know which personal data is being collected, our purposes for processing, and any third parties with whom we share it.
• You can request the deletion of your personal data stored by us, with certain exceptions.
• You have the right to non-discrimination in terms of service or price when you exercise your privacy rights under the CCPA.

For both GDPR and CCPA:

• We commit to resolving complaints about your privacy and our collection or use of your personal data.
• We do not sell your personal data to third parties.

5. Data Storage and Analysis

PhotoVortex will store and analyze data related to the applications created through the Service. The analysis of data is for the purpose of improving the Service and will not be used for our independent purposes.

6. Intellectual Property

Users retain ownership of the intellectual content they create using PhotoVortex. However, by using the Service, users grant PhotoVortex a non-exclusive, transferable, sub-licensable, royalty-free, and global license to use, store, display, reproduce, modify, create derivative works, and distribute user content solely for the purpose of operating and improving the Service.

7. Privacy

Your use of PhotoVortex is also governed by our Privacy Policy, which can be found below.

8. Limitation of Liability

To the maximum extent permitted by applicable law, PhotoVortex shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any unauthorized access, use, or alteration of your transmissions or content; (c) any other matter relating to the Service.

9. Termination

PhotoVortex reserves the right to terminate or suspend your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these terms or is harmful to other users of the Service, us, third parties, or for other conduct that we believe to be harmful to our business or reputation.

10. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of the State of New Mexico.

Privacy

1. Introduction

Thank you for using PhotoVortex. Protecting your privacy is essential to us. This Privacy Policy outlines how PhotoVortex (PhotoVortex, “we”, “us”) collects, uses, and protects your personal information.

2. Information We Collect

Account Information: When you sign up for an account with PhotoVortex, we collect your name, email address, and IDs from login providers.

Usage Information: We collect information about the applications you create, the tools you use, and how you interact with our platform.

Cookies and Similar Technologies: We use cookies and similar tracking technologies to enhance user experience and to analyze traffic patterns.

3. How We Use Your Information

To provide, maintain, and improve the Service.

To analyze usage patterns and trends to improve user experience.

To send you updates, security alerts, and support messages.

To communicate with you about products, services, offers, promotions, and events.

4. Data Storage and Analysis

We store and analyze the data related to the applications created using the Service to improve our offerings. The analysis is strictly for service enhancement and will not be used for any independent purposes.

5. Sharing of Information

We do not sell or lease your personal information to third parties. We might share your information with third-party service providers that support our Service, under strict confidentiality agreements.

6. Security

We employ a variety of security measures designed to protect your information and keep it confidential and free from any unauthorized alteration. However, no system can be 100% secure, and there's a risk that data transmission over the internet may be intercepted or accessed by unauthorized parties.

7. Your Rights

Depending on where you reside, you may have the right to access, correct, or delete the personal information we hold about you. You can access and update most of this information through your PhotoVortex account.

8. Changes to This Policy

We may revise this Privacy Policy from time to time, and we will post the most current version on our website. If a revision meaningfully impacts your rights, we will notify you.

9. Contact Us

If you have questions or comments about this Privacy Policy or our practices, please contact us at [email protected].