These Terms and Conditions ("Terms") govern Your access to and use of the website available at www.imagehelp.com (the "Website"), the "ImageHelp" software platform and any related applications or interfaces (the "Platform"), and all related image editing, background removal, resizing, cropping, format conversion, compression, enhancement, watermarking, file storage, subscription, and other features, content, products, and services made available through the Website or the Platform (collectively, the "Services") by Chatonline LLC, a limited liability company incorporated under the laws of the State of Delaware, with its registered address at 3500 South DuPont Hwy, Dover 19901, United States of America (the "Platform Operator", "we", "us", or "our").
The Services enable You to upload images, photographs, graphics, and other supported files (collectively, "Uploaded Content") for the purpose of editing, transforming, or otherwise processing them using the tools made available through the Services, and to receive the resulting edited images, files, previews, and other output (collectively, the "Outputs"). Depending on the features available from time to time, the Services may include background removal, resizing, cropping, format conversion, compression, color and quality enhancement, watermark addition or removal, and other automated or AI-assisted editing tools.
The availability of particular tools, supported file formats, file size limits, processing quality, or other features may vary and may be added, modified, limited, suspended, or discontinued from time to time. References in these Terms to particular tools or features do not constitute a representation or guarantee that any such tool or feature is currently available or will remain available.
Depending on Your place of residence, jurisdiction, selected payment method, or other operational factors disclosed at checkout, payments for trial memberships, subscriptions, credits, or other paid features may be processed, collected, or facilitated by an affiliated or authorized payment processing entity (each, a "Payment Processing Entity"). A Payment Processing Entity acts solely in relation to payment processing, billing, charge collection, payment recovery, and related administrative functions and is not responsible for the operation, quality, performance, legality, or conformity of the Services or Outputs, which remain the responsibility of the Platform Operator.
The entity responsible for charging Your selected payment method, together with the applicable amount, currency, billing interval, renewal terms, and, where relevant, the contracting or selling entity, may be identified during checkout, on the payment screen, and/or in the order confirmation. The descriptor appearing on Your payment card or bank statement may reflect the applicable Payment Processing Entity, merchant of record, billing provider, or other authorized payment provider involved in the transaction.
For purposes of these Terms, a Payment Processing Entity may include, depending on Your location, jurisdiction, selected payment method, or the operational setup disclosed at checkout:
Chatonline LLC, a limited liability company incorporated under the laws of the State of Delaware, with its registered address at 3500 South DuPont Hwy, Dover 19901, United States of America;
Haur B.V., a private limited liability company incorporated and existing under the laws of the Netherlands, registration number 96442654, with its registered office at John M. Keynesplein 1, 1066 EP Amsterdam, the Netherlands.
The list of Payment Processing Entities may be updated from time to time in accordance with these Terms and applicable law.
The Terms constitute a legally binding agreement between You ("You", "Your", or "User") and the Platform Operator governing Your access to and use of the Website, the Platform, the Services, and any Outputs, as well as Your purchase of any trial membership, subscription, credits, or other paid features. By accessing or using the Services, uploading any Uploaded Content, creating or accessing an account (the "Account"), or submitting or completing a purchase, You acknowledge that You have read, understood, and agree to be bound by these Terms and the Privacy Policy. Your failure to read or review these Terms does not relieve You of Your obligations under them.
For purposes of these Terms, a free or paid trial membership providing temporary access to certain Services or features is referred to as a trial membership (the "Trial Membership"), and a paid recurring membership providing access to the Services or features included in the applicable plan is referred to as a subscription (the "Subscription").
The Services are intended for lawful purposes only. Many of the Services rely on automated processing, including machine-learning and artificial-intelligence models, to analyze and transform Uploaded Content. Automated processing may produce Outputs that are imperfect, incomplete, inaccurate, or different from what You expected — for example, imprecise edges in background removal, loss of detail after compression, or color differences after conversion. Additional limitations are set out in Sections 5, 9, 11, 12, and 13.
The Platform Operator develops, operates, licenses, and maintains the Platform and provides the functionality through which Uploaded Content is processed and Outputs are generated and made available. By completing a purchase, You enter into a binding agreement with the Platform Operator. The applicable Payment Processing Entity, merchant of record, billing provider, or other authorized payment provider involved in processing the transaction may be identified to You during checkout and/or in the order confirmation following a successful purchase.
You are responsible for ensuring that Your device, browser, internet connection, and other technical environment are compatible with the Services. We do not guarantee compatibility with all devices, browsers, operating systems, file formats, or configurations and are not responsible for limitations resulting from Your device, software, or connectivity.
2.1. You must be at least eighteen (18) years old or have reached the age of legal majority in Your jurisdiction to access or use the Services, create an Account, or purchase any Trial Membership, Subscription, credits, or other paid features.
2.2. By accessing or using the Services, You represent and warrant that:
2.2.1. You meet the applicable age requirements and have the legal capacity to enter into a binding agreement;
2.2.2. You will access and use the Services, upload Uploaded Content, and use any Outputs only for lawful purposes and in accordance with these Terms and applicable law; and
2.2.3. You are not prohibited or otherwise legally restricted from accessing or using the Services under any applicable law, regulation, court order, or other legally binding restriction.
2.3. If You access or use the Services on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms. In such case, references to "You" or "Your" shall include that entity.
2.4. The Services are not intended for use by children. We do not knowingly permit individuals under the age of eighteen (18) to create an Account or purchase or use the Services. If we become aware that an Account is being used by an individual who does not meet the applicable age requirements, we may suspend or terminate the Account and take any other action required by applicable law.
3.1. The collection, use, disclosure, storage, and other processing of personal information in connection with the Website, the Platform, and the Services are governed by our privacy policy (the "Privacy Policy"), which forms an integral part of these Terms.
3.2. Uploaded Content may contain or depict personal information, including images of You or other individuals. In providing the Services, the Platform Operator processes Uploaded Content only as described in these Terms and the Privacy Policy.
3.3. Where Your Uploaded Content depicts or contains personal information relating to another individual, You are responsible for ensuring that Your upload, editing, and subsequent use of that content is lawful and complies with these Terms and applicable law, including by obtaining any consent or permission required from that individual.
3.4. The Privacy Policy explains the categories of personal information we process, the purposes and legal bases for processing, the sources and recipients of such information, applicable retention practices, and the privacy rights that may be available to individuals under applicable law.
3.5. The Privacy Policy is available at: https://imagehelp.com/privacy-policy
3.6. The Services do not use Uploaded Content to identify individuals, and the Platform Operator does not perform facial recognition or create biometric templates from Uploaded Content. Any automated detection of people, faces, or objects within an image is performed solely to carry out the editing operation You request, such as separating a subject from its background.
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN AGREEMENT TO ARBITRATE CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
4.1. Before initiating arbitration or other formal proceedings, You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, any Output, or Your relationship with the Platform Operator (a "Claim") by contacting us at [email protected].
4.2. Your notice must include Your name and contact details, the email address associated with Your Account (if applicable), a reasonable description of the nature and basis of the Claim, and the specific relief You are seeking, including any monetary amount claimed. If the Claim is not resolved within sixty (60) days after receipt of Your notice, either party may proceed as permitted below.
4.3. Except where prohibited by applicable law and subject to the exceptions set out below, any Claim that cannot be resolved through the informal process above shall be resolved exclusively by binding arbitration on an individual basis rather than in court.
4.4. Arbitration shall be conducted only on an individual basis before a single neutral arbitrator. The arbitration may be conducted remotely or virtually where permitted by applicable law. The arbitrator shall have authority to award individual relief or remedies available under applicable law and consistent with these Terms but shall have no authority to consolidate Claims or award relief on a class, collective, consolidated, representative, or non-individual basis except where such restriction is prohibited by applicable law. To the fullest extent permitted by applicable law, the arbitrator's authority to award monetary relief shall be limited to actual, proven damages suffered by the individual party seeking relief and shall not include punitive or exemplary damages, statutory multipliers, or damages based on harm allegedly suffered by persons other than the individual claimant, except to the extent such relief cannot lawfully be waived, restricted, or excluded.
4.5. Each party shall bear its own legal fees and costs, and arbitration fees and costs shall be allocated as determined by the arbitrator, except where applicable law requires otherwise.
4.6. Notwithstanding the foregoing, either party may bring an individual Claim in a small claims court of competent jurisdiction where the Claim qualifies. Either party may also seek temporary, preliminary, or injunctive relief from a court of competent jurisdiction where reasonably necessary to protect intellectual property rights, confidential information, security interests, prevent unauthorized access to or misuse of the Services, or prevent imminent or irreparable harm. Seeking such relief shall not waive the obligation to arbitrate any other Claim subject to this Section. To the fullest extent permitted by applicable law and applicable procedural rules, the Platform Operator may seek such injunctive or equitable relief without the requirement to post a bond or other security.
4.7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE PLATFORM OPERATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR SIMILAR PROCEEDING.
4.8. Except as permitted by applicable law, no Claim may be joined or consolidated with another person's Claim, and no Claim may be brought or pursued on behalf of other Users, other persons, or the general public. Any relief awarded shall be limited to the individual relief necessary to resolve the Claim of the individual party seeking relief.
4.9. To the fullest extent permitted by applicable law, Claims may not be assigned, transferred, aggregated, acquired, or pursued by third parties, including claims acquisition vehicles, consumer associations, litigation funders, or representative entities, except where such restriction is expressly prohibited by mandatory applicable law.
4.10. If applicable law does not permit the waiver of a particular collective, representative, public, or non-individual Claim or remedy, the restriction shall apply only to the maximum extent permitted by law and shall not affect the enforceability of the remaining provisions of this Section.
4.11. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, PLATFORM, SERVICES, OUTPUTS, OR YOUR RELATIONSHIP WITH THE PLATFORM OPERATOR MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. ANY CLAIM NOT COMMENCED WITHIN THAT PERIOD SHALL BE PERMANENTLY BARRED. THIS LIMITATION DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS CONTRACTUAL SHORTENING OF THE APPLICABLE LIMITATION PERIOD.
4.12. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE PLATFORM OPERATOR KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN COURT RATHER THAN ARBITRATION.
4.13. You may opt out of the arbitration agreement in this Section by sending written notice to [email protected] within thirty (30) days after You first accept these Terms. Your notice must include Your full name, the email address associated with Your Account, and a clear statement that You wish to opt out of the arbitration agreement. A valid opt-out applies only to the arbitration agreement and does not affect the remaining provisions of these Terms, including the class, collective, and representative action waiver and jury trial waiver to the extent such provisions are independently enforceable under applicable law.
4.14. If any provision of this Section is found to be invalid, illegal, or unenforceable with respect to a particular Claim, party, or remedy, that provision shall be severed or limited only to the minimum extent necessary, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by applicable law.
4.15. Nothing in this Section excludes, restricts, or limits any rights, remedies, or protections that cannot lawfully be excluded, restricted, or limited. If You are a consumer and mandatory applicable law gives You the right to bring proceedings before the courts or other competent bodies of Your country or place of residence notwithstanding an arbitration agreement, class action waiver, jury trial waiver, or choice-of-law provision, those mandatory rights remain unaffected.
4.16. The governing law applicable to these Terms and the jurisdiction applicable to Claims that are not subject to arbitration are set out in Section 17.
5.1. Subject to Your compliance with these Terms and applicable law, the Platform Operator grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for lawful purposes. No ownership or other proprietary rights in the Services are transferred to You, and all rights not expressly granted under these Terms are reserved by the Platform Operator and its licensors. Your rights in Outputs are described in Section 10.
5.2. You may use the Services only as intended and through the functionality made available by the Platform Operator. You are solely responsible for Your Uploaded Content, the editing operations You request, Your use of Outputs, and any actions or decisions You take in connection with them.
5.3. Access to certain features may require an Account. An Account may be created in connection with Your purchase or through other registration or authentication methods made available by the Platform Operator. You agree to provide accurate, current, and complete information and to keep such information reasonably up to date.
5.4. You are responsible for maintaining the confidentiality and security of Your Account credentials, authentication links, codes, and other access methods and for all activity conducted through Your Account. You may not sell, transfer, share, or permit unauthorized use of Your Account, access or attempt to access another User's Account without authorization, or provide false, inaccurate, or misleading Account information. Unless expressly permitted by the Platform Operator, You may not create or maintain multiple Accounts. You must not create or use multiple Accounts to circumvent payment obligations, usage or processing limits, Trial Membership or promotional restrictions, Account suspension or termination, security measures, access controls, or any other restrictions applicable to the Services. Any use of the Services through Your Account or authenticated access credentials will be treated as use associated with Your Account, except to the extent You have timely reported unauthorized access to us or applicable law requires otherwise.
5.5. If You know or reasonably suspect that Your Account has been accessed or used without authorization, You must promptly notify us at [email protected]. We may suspend, restrict, or otherwise secure an Account where we reasonably suspect unauthorized access, fraud, abuse, or a security risk.
5.6. You may upload images and other files in the formats and within the size limits supported by the Services from time to time. You represent and warrant that You own the Uploaded Content, or have obtained all rights, licenses, consents, and permissions necessary to upload it, have it processed through the Services, and use the resulting Outputs for Your intended purpose.
5.7. Where Uploaded Content depicts an identifiable person, You represent and warrant that You are that person or have obtained any consent, release, or permission required by applicable law to upload, edit, and use the image, including for any commercial use of the resulting Output.
5.8. You must not upload any content, request any editing operation, or use any Output for an unlawful, fraudulent, deceptive, malicious, abusive, discriminatory, or otherwise prohibited purpose. You are solely responsible for determining whether Your intended editing and subsequent use, publication, or distribution of any Output is lawful in Your jurisdiction.
5.9. By uploading Uploaded Content, You grant the Platform Operator a limited, non-exclusive, worldwide, royalty-free license to host, reproduce, crop, resize, convert, compress, temporarily cache, analyze, modify, create temporary processing files from, and otherwise process the Uploaded Content only as reasonably necessary to perform the editing operations You request, generate and deliver Outputs, provide any file-history functionality made available to You, maintain security and prevent fraud or abuse, provide customer support, and comply with applicable law.
5.10. Uploaded Content is not treated as public user content merely because it is uploaded to the Services. Unless You separately and expressly consent, the Platform Operator will not use Your Uploaded Content or Outputs for advertising or promotional purposes or for training general-purpose artificial intelligence models.
5.11. You must not, directly or indirectly, use or permit the use of the Services, Uploaded Content, or Outputs to:
5.11.1. create, edit, or distribute content that is unlawful, defamatory, obscene, pornographic, sexually exploitative, hateful, violent, or that depicts or promotes the abuse or exploitation of any person;
5.11.2. create, edit, or distribute any content depicting minors in a sexual, exploitative, or otherwise harmful manner — such content is strictly prohibited and will be reported to the appropriate authorities;
5.11.3. create intimate, sexual, or nude imagery of a real person without that person's consent, or alter an image of a real person in a way that is intended to humiliate, harass, deceive, or harm them;
5.11.4. create deceptive or manipulated media intended to mislead others about a real person, event, or document, including impersonation, fabricated evidence, or misinformation;
5.11.5. forge, alter, or falsify identity documents, official records, certificates, receipts, financial documents, or other documents, or otherwise facilitate fraud, identity theft, or other deceptive or unlawful activity;
5.11.6. remove, alter, or obscure watermarks, copyright notices, signatures, or other rights-management information from content that You do not own or are not authorized to modify;
5.11.7. infringe or violate another person's intellectual property, privacy, data protection, publicity, confidentiality, contractual, or other legal rights;
5.11.8. stalk, harass, threaten, intimidate, bully, blackmail, extort, unlawfully discriminate against, exploit, or otherwise harm any person;
5.11.9. misrepresent Your identity, affiliation, authority, or the origin of any content;
5.11.10. resell, sublicense, or provide the Services or access to the Services to third parties as a standalone service, or integrate the Services into another product or service, except where expressly permitted by the Platform Operator in writing;
5.11.11. use automated systems, bots, crawlers, scrapers, scripts, or similar technologies to access, use, or extract data from the Services except where expressly authorized by us;
5.11.12. reverse engineer, decompile, disassemble, decode, derive, or attempt to derive the source code, models, algorithms, or underlying technology of the Services, or use the Services or Outputs to develop or train a competing product or model, except to the limited extent such restriction is prohibited by applicable law;
5.11.13. interfere with, disrupt, overload, damage, impair, or compromise the operation, integrity, performance, or security of the Services, or upload files containing malware, viruses, malicious code, or other harmful technologies;
5.11.14. bypass, disable, remove, alter, or circumvent authentication mechanisms, rate limits, usage or processing limits, access controls, technical restrictions, watermarks applied to free or trial Outputs, or other safeguards implemented by the Platform Operator;
5.11.15. create, register, maintain, or use multiple Accounts in violation of Section 5.4; or
5.11.16. use the Services, Uploaded Content, or Outputs in any manner that violates applicable law, regulation, court order, or legally binding restriction.
5.12. The Services may provide a history, library, or similar functionality that allows You to access certain previously uploaded files or generated Outputs ("File History"). Where this functionality is available, copies of Uploaded Content and Outputs may be temporarily stored and associated with Your Account ("Stored Files").
5.13. Stored Files are maintained for the limited purpose of allowing You to re-access and download Your files and for related purposes such as operating and securing the Services, fraud prevention, debugging, customer support, and legal compliance. Stored Files are accessible only through the Account that created them, subject to applicable authentication and security controls, and are not publicly displayed, publicly searchable, or made available to other Users.
5.14. Unless a different retention period is disclosed through the Services or required by applicable law, Stored Files may be retained for up to one hundred twenty (120) days and thereafter deleted from active systems within a commercially reasonable period, subject to limited retention reasonably necessary for backups, security, fraud prevention, dispute handling, or legal compliance. Files processed without an Account may be deleted shortly after processing.
5.15. The Services are not a backup or long-term storage service. You are responsible for downloading and keeping Your own copies of Uploaded Content and Outputs. Where made available through the Services, You may delete individual Stored Files or clear Your File History. Deletion from Your Account does not necessarily result in immediate deletion from all backup, security, audit, fraud-prevention, or legally required records.
5.16. We reserve the right, to the extent permitted by applicable law, to suspend, restrict, investigate, or terminate Your Account or access to all or part of the Services if we reasonably believe that You have violated these Terms, misused the Services or Outputs, engaged in fraudulent, abusive, unlawful, or high-risk conduct, created a security or legal risk, or where such action is required or reasonably requested by law, a competent authority, a payment processor, or a fraud-prevention or security provider.
5.17. We may also impose reasonable usage limits, restrict particular tools or functionality, block or remove Uploaded Content, prevent downloads, or take other proportionate measures designed to prevent abuse, unlawful use, excessive automated access, or circumvention of safeguards.
5.18. To the extent permitted or required by applicable law and as further described in the Privacy Policy, the Platform Operator may preserve, use, or disclose Account information, Uploaded Content, Outputs, usage activity, transaction information, IP address information, device information, communications, or other relevant records to law-enforcement authorities, courts, regulators, government authorities, or authorized service providers where reasonably necessary to comply with a lawful request or legal obligation, investigate or prevent suspected fraud, abuse, exploitation, or other unlawful conduct, protect the rights, safety, or security of any person, or establish, exercise, or defend legal claims. Where permitted by applicable law, such disclosure may be made without prior notice to You.
5.19. Suspension, restriction, or termination of access does not relieve You of payment obligations validly incurred before such action and does not entitle You to a refund except where required by applicable law or expressly provided under these Terms.
5.20. If You believe You have identified a security vulnerability affecting the Website, Platform, or Services, You must report it promptly to [email protected].
5.21. Good-faith security research must be conducted strictly in accordance with these Terms and applicable law. Any such research must be limited to the minimum access reasonably necessary to identify and demonstrate the reported vulnerability and must avoid disruption of the Services or access to files or information belonging to other Users or third parties.
5.22. If You encounter personal information, confidential information, or files belonging to another person while conducting authorized security research, You must stop further access beyond what is reasonably necessary to demonstrate the vulnerability and must not retain, copy, disclose, publish, exploit, or otherwise use such information except as reasonably necessary to submit the vulnerability report.
5.23. Nothing in these Terms authorizes social engineering, phishing, denial-of-service or load-testing attacks, physical attacks, spam, malware deployment, destructive testing, excessive automated testing, persistent unauthorized access, data exfiltration, or any conduct prohibited by applicable law.
5.24. Submission of a vulnerability report does not create any entitlement to compensation, a bug bounty, reward, employment, or other payment unless expressly agreed by the Platform Operator in writing.
6.1. Certain Services, tools, features, Trial Memberships, Subscriptions, credits, or other offerings may be provided for a fee (collectively, the "Fees"). The applicable Fees, currency, billing interval, trial duration (if any), recurring billing period, renewal terms, applicable taxes (including value added tax ("VAT"), where applicable), and other material payment conditions will be disclosed to You at or before checkout and before You complete the applicable purchase. You are responsible for reviewing the Fees, Trial Membership or Subscription terms, billing interval, automatic renewal terms, and other material payment conditions before completing a purchase.
6.2. By providing Your payment information and completing a purchase, You authorize the Platform Operator, the applicable Payment Processing Entity or merchant of record, and their authorized payment service providers to charge Your selected payment method for the Fees disclosed to You at checkout, including recurring Subscription charges where You purchase an automatically renewing Subscription.
6.3. You agree to provide current, complete, and accurate payment and Account information and to update such information as reasonably necessary. You are responsible for any currency conversion charges, foreign transaction fees, bank commissions, taxes, or other charges imposed by Your bank, card issuer, payment provider, or other third party, except to the extent applicable law provides otherwise. Any such amounts imposed independently by Your bank, card issuer, payment provider, or other third party are not Fees charged by the Platform Operator and are not refundable or reimbursable by the Platform Operator, except where applicable law requires otherwise.
6.4. Prices may vary based on Your jurisdiction, currency, selected plan, promotional offer, payment method, or other factors disclosed at checkout. Prices displayed elsewhere on the Website may be localized or provided for convenience and may differ from the currency or amount ultimately processed. The final price, currency, billing interval, and other material payment terms presented to You at checkout before You authorize the transaction shall govern the applicable purchase, subject to applicable law.
6.5. We reserve the right to correct pricing, currency display, billing, or checkout errors, inaccuracies, or omissions. Where permitted by applicable law, we may cancel, void, correct, or adjust an affected transaction and issue an appropriate refund or request the correct payment amount.
6.6. Eligible Users may be offered a Trial Membership that provides access to the Services for a period of seven (7) days. The applicable Trial Membership Fee, included features, and any other material conditions applicable to the Trial Membership will be clearly disclosed to You at or before checkout and before You authorize the purchase or enrollment. Any applicable taxes, including VAT, will be included in the displayed price or separately disclosed at or before checkout, as required by applicable law. Access to the Services will be granted following successful payment or other successful enrollment, as applicable.
6.7. If the Trial Membership is offered on an automatically converting basis, it will automatically convert into a paid, recurring Subscription at the end of the seven (7)-day Trial Membership period unless You cancel before the applicable conversion date. The Subscription will thereafter automatically renew for successive twenty-eight (28)-day Subscription Periods until cancelled in accordance with Section 7. The applicable Trial Membership Fee, Subscription Fee, currency, billing interval, renewal terms, and any applicable taxes, including VAT, will be clearly disclosed to You at or before checkout and before You authorize the Trial Membership. Such information may also be confirmed in the order confirmation.
6.8. A Subscription provides access to the Services or features included in the plan selected by You for each recurring billing period (the "Subscription Period"). Each Subscription Period is twenty-eight (28) days.
6.9. UNLESS YOU CANCEL BEFORE THE APPLICABLE RENEWAL DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE SUBSCRIPTION PERIODS, AND YOU AUTHORIZE THE APPLICABLE RECURRING SUBSCRIPTION FEE TO BE CHARGED AUTOMATICALLY TO YOUR PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU, SUBJECT TO APPLICABLE LAW.
6.10. The Subscription will continue until cancelled in accordance with Section 7 or otherwise terminated in accordance with these Terms. We may change Subscription Fees, included features, or other material Subscription terms prospectively. Where required by applicable law, We will provide advance notice of a material change, including an applicable increase in a recurring Subscription Fee, and will obtain any additional consent required by law. If You do not wish to continue the Subscription following a notified change, You may cancel before the change becomes applicable to Your Subscription. Continued use of the Subscription after a change takes effect constitutes acceptance of the revised Subscription terms to the extent permitted by applicable law.
6.11. A purchase is completed after the applicable payment has been successfully authorized or otherwise accepted by the applicable payment provider and the purchase has been confirmed through the Services or by other reasonable means. Following a successful purchase, the applicable Trial Membership, Subscription, credits, feature, or other paid Service will be activated, credited to Your Account, or otherwise made available to You, as applicable.
6.12. Subscription Fees are generally charged in advance for each Subscription Period. The billing date is generally the date on which the applicable Subscription Fee is successfully charged. Where a renewal payment is successfully collected following one or more failed attempts, the next billing date may be calculated from the date of successful collection, unless otherwise disclosed or required by applicable law.
6.13. Payment processing or collection timing may vary due to payment processing delays, failed authorization attempts, technical adjustments, fraud-prevention measures, processor requirements, banking systems, or other operational circumstances. We do not guarantee that a payment will be successfully processed on the first attempt or at a particular time. The Platform Operator is not responsible for payment failures caused by insufficient funds, card issuer or bank restrictions, expired or invalid payment methods, payment provider outages, or other circumstances outside its reasonable control.
6.14. If a payment is declined, reversed, fails authorization, or otherwise cannot be successfully collected, the Platform Operator and/or the applicable Payment Processing Entity may, to the fullest extent permitted by applicable law, payment processor requirements, and card network rules, re-submit or reprocess the applicable charge at different times using the payment method, stored payment credentials, tokenized payment information, or other payment credentials validly authorized and associated with Your Account or purchase.
6.15. Where permitted by applicable law and applicable payment processor or card network rules, an unpaid or failed recurring charge may be submitted, transferred, assigned, or otherwise made available to an authorized third-party billing or payment recovery service provider for further collection attempts. Such provider may process or facilitate payment attempts using payment credentials, tokens, transaction identifiers, or other payment information validly associated with the relevant purchase or Account. Any such third-party payment recovery provider acts solely in relation to payment recovery, billing, and related administrative functions and does not assume responsibility for the operation, quality, legality, or performance of the Services or Outputs.
6.16. Payment, rebilling, or recovery attempts may appear on Your payment card or bank statement under a transaction descriptor different from "imagehelp.com" and may include the name of the Platform Operator, merchant of record, payment processor, billing provider, or authorized recovery provider involved in processing the transaction.
6.17. During a failed-payment or payment-recovery period, the Platform Operator, the applicable Payment Processing Entity, and/or an authorized payment-recovery provider may, to the extent permitted by applicable law and applicable payment-network or processor rules, suspend, restrict, continue, or restore access to the Services; continue reasonable payment-collection attempts in accordance with Sections 6.14–6.15; or offer or apply a temporary discounted renewal amount, reduced recovery amount, promotional price, or other payment arrangement intended to facilitate successful renewal or collection. A failed, declined, reversed, or unsuccessful payment does not, by itself, waive any validly incurred Fee or other amount lawfully due. The Platform Operator may suspend or terminate the Subscription or Account following unsuccessful payment attempts without limiting the right of the Platform Operator or an authorized payment or recovery provider to seek collection of amounts validly incurred before such suspension, termination, or cancellation, to the extent permitted by applicable law.
6.18. Where disclosed to You at or before checkout and permitted by applicable law, the total amount authorized by You for a purchase may be processed and charged to Your selected payment method in one or more separate transactions or installments. As a result, the total purchase price displayed and authorized at checkout may appear on Your payment card, bank account, or other payment statement as two or more separate charges. The aggregate amount charged in connection with that purchase will not exceed the total amount authorized by You at checkout, inclusive of any applicable taxes or VAT included in that authorized amount, except for any separate charges, fees, taxes, or currency-conversion amounts expressly disclosed and authorized by You or independently imposed by Your bank, card issuer, or payment provider.
6.19. To facilitate payment processing, recurring billing, payment recovery, fraud prevention, dispute handling, and billing administration, the Platform Operator may share limited transaction-related information, payment status data, billing identifiers, and tokenized payment credentials with authorized payment processors, Payment Processing Entities, merchants of record, billing providers, fraud-prevention providers, and payment recovery providers, in accordance with the Privacy Policy, applicable law, and applicable industry security requirements.
6.20. By creating an Account, purchasing or using the Services, You acknowledge that we may send You transactional, administrative, security, billing, and service-related communications reasonably necessary in connection with Your Account or use of the Services, including communications concerning purchases, payment status, Trial Memberships, Subscription renewals, cancellations, security matters, and material changes affecting the Services.
6.21. We may separately send marketing or promotional communications where permitted by applicable law and, where required, with Your consent. You may unsubscribe from marketing communications using the unsubscribe mechanism provided in the relevant communication or through any other method made available by us. Opting out of marketing communications does not prevent us from sending non-promotional communications reasonably necessary to administer Your Account, purchases, Subscription, or use of the Services.
7.1. You may cancel Your Trial Membership or Subscription at any time through the cancellation functionality made available within Your Account or the Services or, where such functionality is unavailable, by contacting customer support at [email protected] using the email address associated with Your Account. We may take reasonable steps to verify Your identity and Account before processing a cancellation request submitted through customer support.
7.2. To avoid the next automatic conversion or recurring Subscription charge, You must complete the cancellation before the applicable conversion or renewal date disclosed to You at checkout, in the order confirmation, or through Your Account. If cancellation is completed after the applicable charge has already been validly initiated or processed, the cancellation will apply to future renewals and will not automatically reverse or refund that charge, except where required by applicable law or expressly provided under these Terms.
7.3. Once cancellation becomes effective, Your Trial Membership or Subscription will not automatically renew and no further recurring Subscription charges will be initiated. Unless otherwise stated at the time of cancellation, You may continue to access the paid Services until the end of the Trial Membership or Subscription Period for which payment has been successfully collected, after which access to paid features may expire or be restricted.
7.4. Cancellation of a Trial Membership or Subscription does not automatically delete Your Account, Stored Files, or other information associated with Your Account. Account deletion is a separate process.
7.5. You may request permanent deletion of Your Account through the account-deletion functionality or designated deletion page made available by the Platform Operator. To protect against unauthorized deletion requests, You may be required to submit the email address associated with Your Account and verify the request using a one-time password, authentication code, or other reasonable verification method.
7.6. Once a verified Account deletion request is processed, access to the Account will be terminated, Stored Files will be deleted, and personal information associated with the Account will be deleted or otherwise handled in accordance with the Privacy Policy and applicable law. Certain information may be retained where reasonably necessary or legally required for fraud prevention, security, billing and transaction records, dispute handling, backups, compliance with legal obligations, or the establishment, exercise, or defense of legal claims.
7.7. Any unused credits, promotional credits, or similar Account entitlements remaining at the time permanent Account deletion is completed will be forfeited without refund or compensation, except where applicable law requires otherwise. Account deletion does not create a right to a refund of Fees already validly paid.
7.8. Following deletion, You may be permitted to create a new Account using the same email address, but any credits, File History, Account settings, purchases, or other benefits associated with the deleted Account will not automatically be restored.
7.9. For security reasons, where the Platform Operator provides a designated Account deletion process, customer support may require You to complete that process rather than manually deleting the Account on Your behalf.
8.1. Except where required by applicable law or expressly stated otherwise at the time of purchase, Fees paid for Trial Memberships, Subscriptions, credits, or other digital Services are non-refundable once the applicable Services, access, or credits have been made available to You. Any refund that is not required by applicable law may be granted at the reasonable discretion of the Platform Operator on a case-by-case basis.
8.2. If You believe that You have been charged incorrectly or are otherwise entitled to a refund, You must contact customer support at [email protected] and provide the email address associated with Your Account, the relevant transaction details, and a reasonable description of the basis for Your request. We may request additional information reasonably necessary to investigate and verify the request.
8.3. Where we confirm a duplicate charge, incorrect billing amount, or other billing error attributable to us or our payment providers, we will correct the error or issue an appropriate refund as required by applicable law. We may also, at our discretion, consider refund requests arising from material technical failures or material unavailability of the paid Services.
8.4. Except where required by applicable law or expressly stated otherwise at checkout, Trial Membership Fees are non-refundable once access to the applicable Services or features has been provided.
8.5. Subscription Fees are generally charged in advance for the applicable Subscription Period. Cancellation does not entitle You to a refund, credit, or reimbursement for any unused portion of a Subscription Period that has already begun, except where required by applicable law or expressly stated otherwise in these Terms.
8.6. Fees charged for credits, downloads, or other one-time digital features are non-refundable once the relevant credit, download, Output, or feature has been generated, delivered, accessed, used, or otherwise made available to You, except where required by applicable law. An Output that does not fully meet Your aesthetic expectations or preferences does not, by itself, entitle You to a refund, provided that the applicable editing operation was performed as described.
8.7. If You believe that a charge is incorrect, unauthorized, or otherwise subject to dispute, we encourage You to contact customer support before initiating a chargeback, payment dispute, retrieval request, or similar claim so that we have an opportunity to investigate and resolve the matter. Nothing in these Terms prevents You from exercising any chargeback, payment dispute, refund, or other right that cannot lawfully be waived or restricted.
8.8. To the fullest extent permitted by applicable law, initiating or pursuing a chargeback, payment dispute, retrieval request, or similar claim concerning a transaction that was validly authorized and processed in accordance with these Terms may constitute a material breach of these Terms where the dispute is fraudulent, knowingly false, misleading, abusive, or otherwise pursued in bad faith, including where an authorized transaction is knowingly misrepresented as unauthorized, fraudulent, cancelled, or otherwise invalid. This Section does not restrict any chargeback, dispute, refund, or other consumer right exercised in good faith and available under applicable law or applicable payment network rules.
8.9. Where You initiate or pursue a chargeback, payment dispute, retrieval request, or similar claim concerning a transaction that we reasonably believe was validly authorized and processed in accordance with these Terms, the Platform Operator may, to the fullest extent permitted by applicable law:
8.9.1. suspend, restrict, or terminate Your Account, Subscription, access to the Services, or access to paid features where reasonably necessary to prevent fraud, abuse, further disputed charges, unauthorized use, or other misuse, or as otherwise permitted under these Terms and applicable law;
8.9.2. contest, defend against, or otherwise respond to the chargeback or payment dispute and provide the relevant Payment Processing Entity, merchant of record, payment processor, billing provider, payment recovery provider, bank, card issuer, card network, or other relevant financial institution with information and evidence reasonably necessary to establish the validity of the transaction or recurring billing authorization;
8.9.3. provide evidence including, where reasonably relevant, records concerning Your purchase, acceptance of these Terms, checkout disclosures, payment authorization, recurring billing authorization, Trial Membership or Subscription enrollment, renewal terms, cancellation status, Account activity, use of the Services, files processed, access logs, timestamps, IP address information, device or browser identifiers, transaction records, communications, fraud-prevention records, and payment recovery records;
8.9.4. disclose relevant transaction, billing, Account, device, fraud-prevention, dispute, and payment information to Payment Processing Entities, merchants of record, payment processors, card networks, banks, card issuers, billing providers, fraud-prevention providers, payment recovery providers, dispute-management providers, and other authorized service providers where reasonably necessary to investigate, prevent, contest, respond to, or resolve the dispute;
8.9.5. report or make available information concerning the disputed transaction, Account, or associated payment activity to payment processors, card networks, fraud-prevention providers, risk-management systems, payment recovery providers, or other authorized financial or security service providers where permitted by applicable law and applicable payment network or processor rules; and
8.9.6. seek recovery of any validly incurred and unpaid amount and, where permitted by applicable law, reasonable chargeback fees, collection costs, third-party recovery costs, legal fees, or other amounts lawfully recoverable in connection with a fraudulent, abusive, knowingly false, misleading, or bad-faith payment dispute.
8.10. A chargeback, payment dispute, retrieval request, or similar claim does not, by itself, cancel or terminate Your Subscription, revoke any recurring billing authorization previously provided by You, or eliminate any validly incurred payment obligation. If You wish to prevent future recurring Subscription charges, You must separately cancel the Subscription in accordance with Section 7, except where applicable law or the relevant payment provider's rules provide otherwise.
8.11. Nothing in these Terms limits any statutory refund, withdrawal, cancellation, or other consumer right that cannot lawfully be waived or excluded.
8.12. If You are a consumer in the European Union or European Economic Area, You may have a statutory right to withdraw from certain distance contracts within the period prescribed by applicable law. The availability and consequences of that right depend on the nature of the Services purchased and the circumstances in which performance begins.
8.13. Where permitted by applicable law, if You purchase digital content or Services and request or expressly consent to their performance beginning during the statutory withdrawal period, You may be required at checkout to expressly consent to immediate performance and acknowledge the circumstances in which Your statutory right of withdrawal may be lost or affected. Any loss of the statutory right of withdrawal shall occur only where the requirements of applicable law have been satisfied.
8.14. Where applicable law requires Your prior express consent, acknowledgement, confirmation, or other formalities before a statutory withdrawal right may be lost, these Terms alone do not constitute or replace those requirements. The Platform Operator will rely on the consent, acknowledgement, and other information presented and obtained through the applicable checkout or purchase flow to the extent permitted by law.
9.1. The Services may rely on third-party service providers for image processing, machine-learning models, payment processing, recurring billing, payment recovery, fraud prevention, security checks, hosting, file storage, content delivery, analytics, communications, customer support, and other operational functions (collectively, "Third-Party Service Providers"). Your use of certain features may therefore be subject to the availability, technical requirements, and, where applicable, separate terms or policies of such Third-Party Service Providers.
9.2. Third-Party Service Providers may modify, restrict, suspend, or discontinue their services at any time. As a result, the availability, scope, quality, or functionality of certain tools or features may change without notice, and the Platform Operator shall not be responsible for any such change to the extent caused by circumstances outside its reasonable control.
9.3. The Website, Platform, or Services may contain links or references to third-party websites, platforms, services, or content. Such links or references are provided for convenience or informational purposes and do not imply endorsement, sponsorship, affiliation, or approval by the Platform Operator. Your access to and use of third-party websites or services is at Your own risk and may be governed by separate terms and privacy policies.
10.1. The Website, Platform, and Services, including their software, technology, source and object code, models, algorithms, editing functionality, proprietary methodologies, interfaces, designs, text, graphics, templates, icons, logos, trademarks, service names, and other materials created or owned by the Platform Operator (collectively, the "Platform Intellectual Property"), are owned by or licensed to the Platform Operator and are protected by applicable intellectual property and other laws.
10.2. The name "ImageHelp", together with the associated names, logos, trademarks, service marks, trade dress, and other brand elements, is owned by or licensed to the Platform Operator. Nothing in these Terms grants You any right to use such brand elements without our prior written authorization.
10.3. Except for the limited rights expressly granted under these Terms, no right, title, or interest in or to the Platform Intellectual Property is transferred to You. You may not copy, reproduce, modify, adapt, distribute, publish, sell, license, reverse engineer, commercially exploit, or create derivative works from the Platform Intellectual Property except as expressly permitted by these Terms, authorized by us in writing, or permitted by applicable law notwithstanding this restriction.
10.4. As between You and the Platform Operator, You retain all ownership rights You have in Your Uploaded Content. The Platform Operator claims no ownership of Your Uploaded Content, and the license You grant under Section 5.9 is limited to what is necessary to provide the Services.
10.5. Subject to Your compliance with these Terms and payment of any applicable Fees, and to the extent the Platform Operator holds any rights in an Output, the Platform Operator assigns to You such rights, and You may use Outputs for any lawful personal or commercial purpose. Your rights in an Output are subject to any rights that third parties hold in the underlying Uploaded Content, and the Platform Operator does not grant You any rights in third-party content that You did not already have.
10.6. Outputs generated during a free tier or Trial Membership may carry a watermark, reduced resolution, or other limitations disclosed through the Services. Such limitations may be removed only through the functionality made available by the Platform Operator, such as by purchasing an applicable plan.
10.7. Because automated tools may produce similar results for similar inputs, Outputs may not be unique, and other Users may receive Outputs that are similar or identical to Yours. The Platform Operator does not represent that any Output is eligible for copyright or other intellectual property protection.
10.8. If You voluntarily provide feedback, suggestions, ideas, recommendations, or other input concerning the Services ("Feedback"), You grant the Platform Operator a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, develop, publish, and incorporate such Feedback into the Services or other products or services without compensation, attribution, or restriction, to the extent permitted by applicable law.
10.9. You are responsible for ensuring that Your use of the Services, Uploaded Content, Outputs, and Platform Intellectual Property does not infringe or violate any intellectual property or other rights of the Platform Operator or any third party. If You believe that content processed or made available through the Services infringes Your copyright or other rights, You may notify us at [email protected] with sufficient detail for us to identify the content and assess the claim. We reserve all rights and remedies available under applicable law in relation to unauthorized use or infringement of the Platform Intellectual Property.
11.1. Many tools within the Services use automated processing, including machine-learning and artificial-intelligence models. The quality and accuracy of an Output depend on factors such as the resolution, lighting, contrast, complexity, and file format of the Uploaded Content, and results may vary between similar images.
11.2. Outputs may contain imperfections, including imprecise subject edges, partially removed or retained background areas, artifacts, color shifts, loss of detail or quality after compression or conversion, cropping or scaling differences, or other unexpected results. You are responsible for reviewing each Output before relying on, publishing, printing, or distributing it.
11.3. Certain editing operations, such as compression, conversion to a lossy format, or resizing to a smaller dimension, are inherently lossy and may permanently reduce image quality in the resulting Output. The Services do not modify Your original file stored on Your own device.
11.4. The Services are not intended for forensic, medical, scientific, legal-evidence, or other uses in which the precise accuracy or authenticity of an image is critical. You must not present an edited Output as an unaltered original where doing so would be misleading or unlawful.
11.5. If an Output is materially defective because of a technical failure of the Services, You may contact us using the contact information provided in these Terms. We may, where reasonably practicable, reprocess the Uploaded Content or take other reasonable steps, but except where required by applicable law, we are not obligated to achieve any particular aesthetic result.
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, PLATFORM, SERVICES, OUTPUTS, AND ALL INFORMATION, CONTENT, FEATURES, AND MATERIALS MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
12.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR, EACH APPLICABLE PAYMENT PROCESSING ENTITY, AND THEIR RESPECTIVE AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, PAYMENT PROVIDERS, PAYMENT RECOVERY PROVIDERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
12.3. Without limiting the foregoing, the Platform Operator does not warrant or guarantee that:
12.3.1. the Services will be uninterrupted, continuously available, secure, error-free, or free from viruses, malware, defects, or other harmful components;
12.3.2. any Output will be accurate, complete, of any particular quality or resolution, or free from errors, artifacts, or imperfections;
12.3.3. any particular file, file format, file size, or image will be supported or successfully processed;
12.3.4. the same or substantially similar Uploaded Content will produce the same Output at a later time;
12.3.5. Stored Files will remain available for any particular period or will not be lost, corrupted, or deleted;
12.3.6. the Services or Outputs will meet Your requirements, expectations, or intended purpose or produce any particular result or outcome; or
12.3.7. any errors, defects, or interruptions in the Services or Outputs will be corrected within any particular period or at all, except where required by applicable law.
12.4. The Services depend in part on Third-Party Service Providers that are outside the Platform Operator's control. To the fullest extent permitted by applicable law, the Platform Operator makes no warranty concerning the availability, accuracy, security, performance, or continued operation of any such third-party service, platform, API, or provider.
12.5. You acknowledge that Your use of the Services and any Output is at Your own risk and that You are responsible for reviewing each Output before relying upon or using it.
12.6. No oral or written information, statement, representation, or advice provided by the Platform Operator or its personnel shall create any warranty or representation not expressly set out in these Terms.
12.7. Some jurisdictions do not permit the exclusion of certain warranties or provide consumers with statutory guarantees or other rights that cannot be waived. Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, condition, right, or remedy that cannot lawfully be excluded, restricted, or modified. Where an exclusion is not permitted, the relevant warranty or liability shall be limited only to the maximum extent permitted by applicable law.
13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM OPERATOR, EACH APPLICABLE PAYMENT PROCESSING ENTITY, AND THEIR RESPECTIVE AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, PAYMENT PROVIDERS, PAYMENT RECOVERY PROVIDERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, REPUTATION, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, PLATFORM, SERVICES, OUTPUTS, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, ANY OF THEM, EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PROTECTED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, CLAIM, OR LIABILITY ARISING OUT OF OR RELATING TO:
13.2.1. any imperfection, artifact, quality loss, inaccuracy, or other defect in an Output;
13.2.2. any failure of the Services to process a particular file or to produce a particular result;
13.2.3. Your use, publication, printing, distribution, or other exploitation of any Output, or any decision or action taken on the basis of an Output;
13.2.4. any claim that Your Uploaded Content or Your use of an Output infringes or violates the rights of a third party;
13.2.5. any unauthorized, unlawful, or prohibited use of the Services, Uploaded Content, or Outputs by You or any person accessing the Services through Your Account;
13.2.6. the availability, modification, restriction, delay, interruption, error, or failure of any Third-Party Service Provider, except to the extent directly caused by the Platform Operator and liability cannot lawfully be excluded;
13.2.7. loss, deletion, corruption, alteration, or unavailability of Uploaded Content, Outputs, Stored Files, Account information, or other data;
13.2.8. unauthorized access to Your Account resulting from Your failure to safeguard Your credentials, authentication links, email account, or other access methods; or
13.2.9. any suspension, restriction, modification, or discontinuation of the Services undertaken in accordance with these Terms.
13.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE PROTECTED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, PLATFORM, SERVICES, OUTPUTS, OR YOUR USE OF OR INABILITY TO USE THEM SHALL NOT EXCEED THE GREATER OF:
(A) THE TOTAL FEES ACTUALLY PAID BY YOU TO OR FOR THE BENEFIT OF THE PLATFORM OPERATOR FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(B) USD $100.
13.4. The limitation in Section 13.3 applies in the aggregate to all Claims and causes of action and shall not be increased by the existence of multiple Claims, transactions, Outputs, theories of liability, or Protected Parties.
13.5. The exclusions and limitations in this Section apply regardless of whether liability is asserted in contract, tort (including negligence), strict liability, statute, misrepresentation, restitution, or under any other legal or equitable theory, and regardless of whether any remedy available under these Terms fails of its essential purpose.
13.6. You acknowledge that the Fees charged for the Services reflect the allocation of risk set out in these Terms and that the limitations and exclusions in this Section are an essential basis of the agreement between You and the Platform Operator.
13.7. Nothing in these Terms excludes or limits liability to the extent such liability cannot lawfully be excluded or limited, including, where applicable, liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, death or personal injury caused by negligence, or any statutory consumer rights or other liability that applicable law prohibits from being excluded or limited.
13.8. If applicable law does not permit a particular exclusion or limitation of liability set out in this Section, that exclusion or limitation shall apply only to the maximum extent permitted by law, and the remaining exclusions and limitations shall continue in full force and effect.
14.1. To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Platform Operator, each applicable Payment Processing Entity, their respective affiliates, successors and assigns, and their respective officers, directors, managers, employees, agents, contractors, licensors, payment providers, payment recovery providers, and service providers (collectively, the "Indemnified Parties") from and against any third-party claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and reasonable legal fees and expenses arising out of or relating to:
14.1.1. Your breach of these Terms or violation of applicable law;
14.1.2. Your access to, use, misuse, or unauthorized use of the Services or Outputs;
14.1.3. any Uploaded Content submitted, uploaded, transmitted, or otherwise provided by You through the Services, including any allegation that You lacked the right, authority, consent, or permission required to upload, edit, or use it;
14.1.4. any claim that Your Uploaded Content or Your use, publication, or distribution of an Output infringes or violates a third party's copyright, trademark, privacy, data protection, publicity, personality, confidentiality, or other rights;
14.1.5. Your creation, use, publication, or distribution of any Output that is deceptive, defamatory, unlawful, or otherwise prohibited under Section 5; or
14.1.6. fraud, forgery, impersonation, harassment, exploitation, or other unlawful or prohibited conduct carried out or facilitated by You through or in connection with the Services.
14.2. The Platform Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. If we exercise that right, You agree to reasonably cooperate with the defense of the matter, and Your indemnification obligations with respect to the relevant matter will continue to apply.
14.3. You may not settle or compromise any claim subject to indemnification in a manner that imposes any liability, obligation, admission of wrongdoing, restriction, or other material burden on an Indemnified Party without the Platform Operator's prior written consent, which shall not be unreasonably withheld where applicable law requires such standard.
14.4. We will use reasonable efforts to notify You of any claim for which indemnification is sought after becoming aware of it. A delay in providing notice will not relieve You of Your indemnification obligations except to the extent that the delay materially prejudices Your ability to defend the claim.
14.5. The indemnification obligations in this Section survive suspension or termination of Your Account, cancellation or expiration of any Trial Membership or Subscription, and termination of these Terms to the extent relating to acts, omissions, or circumstances occurring before such termination.
15.1. To the fullest extent permitted by applicable law, the Platform Operator shall not be liable for any delay, interruption, failure, suspension, restriction, degradation, or unavailability of the Website, Platform, Services, Outputs, or any feature resulting from circumstances beyond its reasonable control, including natural disasters, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental or regulatory action, changes in law, court orders, sanctions, internet, telecommunications or power failures, hosting or infrastructure failures, cyberattacks or security incidents, or failures affecting payment processors, processing models, or other Third-Party Service Providers.
15.2. Where such an event occurs, the Platform Operator may, as reasonably necessary, suspend, restrict, modify, replace, or discontinue affected tools, features, or Services for the duration of the event or, where continued provision is no longer reasonably practicable, on a longer-term basis.
15.3. Nothing in this Section excludes or limits any refund, reimbursement, cancellation right, or other remedy that You are entitled to under mandatory applicable law.
16.1. We may modify, amend, or update these Terms from time to time, including to reflect changes to the Services, features, pricing or billing practices, applicable law, regulatory requirements, security practices, Third-Party Service Providers, or our business operations.
16.2. The updated Terms will be made available on the Website, and the "Last Updated" date will be revised accordingly. Unless otherwise stated, required by applicable law, or provided below with respect to material changes, non-material changes may become effective when posted.
16.3. Where we make a material change to these Terms that materially affects Your rights or obligations, we will provide reasonable advance notice before the change takes effect, which may include notice by email, through Your Account, through the Services, by posting a prominent notice on the Website, or by another reasonable method. Where a specific notice period is required by applicable law or expressly provided elsewhere in these Terms, including with respect to certain material Subscription changes under Section 6.10, the applicable notice period will apply.
16.4. Notwithstanding Section 16.3, a change may become effective immediately or on shorter notice where reasonably necessary to comply with applicable law, regulation, regulatory guidance, court order, payment processor or card network requirements, address fraud, abuse, misuse, or security risks, protect the Platform Operator, Users, or third parties, respond to changes affecting Third-Party Service Providers, or make a change that does not materially reduce Your rights or increase Your obligations.
16.5. Your continued access to or use of the Services after revised Terms become effective constitutes Your acceptance of the revised Terms to the extent permitted by applicable law. If You do not agree to a material change, You must stop using the affected Services and, where applicable, cancel Your Subscription before the change takes effect.
16.6. Changes to these Terms will apply prospectively unless applicable law permits or requires otherwise. No modification will retroactively alter the substantive terms applicable to a transaction or event that occurred before the modification became effective where such retroactive application would be prohibited by applicable law.
17.1. These Terms and any dispute, Claim, or controversy arising out of or relating to these Terms, the Website, Platform, Services, Outputs, or the relationship between You and the Platform Operator shall be governed by the laws of the State of Wyoming, without regard to its conflict-of-laws principles, except to the extent otherwise required by mandatory applicable law.
17.2. If You are a consumer, nothing in these Terms deprives You of the protection of mandatory provisions of the law of Your country or place of habitual residence that cannot be derogated from by agreement. Where applicable law gives You the right to bring proceedings before the courts or other competent bodies of Your country or place of residence notwithstanding the choice of law or jurisdiction set out above, those rights remain unaffected.
17.3. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
18.1. These Terms, together with the Privacy Policy and any other terms, policies, notices, or disclosures expressly incorporated into or referenced by these Terms, constitute the entire agreement between You and the Platform Operator concerning Your access to and use of the Services and supersede all prior or contemporaneous agreements, understandings, communications, negotiations, and representations concerning the same subject matter, whether written or oral.
18.2. If any provision of these Terms is held to be invalid, illegal, or unenforceable under applicable law, that provision shall be interpreted, limited, modified, or severed only to the minimum extent necessary to make it valid and enforceable, where permitted by law, and the remaining provisions shall continue in full force and effect.
18.3. Where Section 4 contains a more specific severability rule applicable to arbitration, class, collective, consolidated, or representative Claims, the specific provisions of Section 4 shall control with respect to those matters.
18.4. No failure or delay by the Platform Operator in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. Any waiver shall be effective only to the extent expressly provided in writing and shall not constitute a waiver of any subsequent breach or default.
18.5. You may not assign, transfer, delegate, sublicense, or otherwise dispose of any of Your rights or obligations under these Terms, whether voluntarily, by operation of law, or otherwise, without the Platform Operator's prior written consent. Any attempted assignment or transfer by You in violation of this Section is void to the fullest extent permitted by applicable law. The Platform Operator may, to the fullest extent permitted by applicable law and without Your consent, assign, transfer, delegate, or otherwise dispose of any or all of its rights or obligations under these Terms, in whole or in part, to an affiliate, successor, purchaser, acquirer, or other entity, including in connection with a merger, acquisition, corporate reorganization, restructuring, financing, sale or transfer of equity or assets, transfer of the Website, Platform, Services, or relevant business, change of control, or similar transaction. The Platform Operator may also delegate or subcontract the performance of operational, administrative, technical, billing, payment processing, payment recovery, or other functions to affiliates, Payment Processing Entities, or other authorized service providers, without relieving the Platform Operator of obligations that cannot lawfully be delegated or excluded.
18.6. The headings and section titles used in these Terms are provided for convenience only and shall not affect the interpretation of any provision.
18.7. Any provision of these Terms that by its nature is intended to survive suspension, termination, cancellation, or expiration shall survive to the extent necessary to give effect to that provision.
18.8. Except with respect to the rights and protections expressly granted under these Terms to Payment Processing Entities, Indemnified Parties, Protected Parties, licensors, payment providers, payment recovery providers, and other persons or entities expressly entitled to enforce a provision of these Terms, these Terms are for the benefit of You and the Platform Operator and do not create rights enforceable by any other person or entity.
18.9. You agree that these Terms, notices, disclosures, consents, authorizations, confirmations, and other communications relating to the Services or Your purchases may be provided electronically to the extent permitted by applicable law, including through the Website, Platform, Your Account, checkout flow, or email. Electronic acceptance of these Terms and electronic records relating to Your acceptance, purchases, authorizations, and use of the Services shall have the same legal effect as their paper equivalents to the extent permitted by applicable law.
For questions regarding the Services, billing, cancellations, refunds, or the Terms, please contact us at:
Support Email: [email protected]
Platform Operator: Chatonline LLC, 3500 South DuPont Hwy, Dover 19901, Delaware, United States of America.