Terms of Service

1. Acceptance of Terms

By accessing or using ThePhotoForge ("Service"), you agree to be bound by these Terms of Service. If you do not agree to all terms, do not use the Service.

2. Description of Service

ThePhotoForge provides AI-powered image and video generation tools for e-commerce and creative use. Features include product photography generation, background removal, virtual try-on, AI video creation, and related tools.

3. Accounts & Credits

• You must create an account to use most features.
• Credits are the in-platform currency used to access AI features.
• New accounts receive a one-time welcome bonus of 100 credits.
• Credits have no cash value and are non-transferable.
• Unused subscription credits may expire as defined in your plan.

4. Subscriptions & Payments

• Subscription fees are billed monthly or annually in advance.
• We reserve the right to change pricing at any time. Price changes take effect at the next billing cycle with 7 days' advance notice.
• All payments are processed securely via Creem.io or NowPayments.
• Subscriptions automatically renew unless cancelled before the renewal date.

5. Refund Policy

• Subscription fees are refundable within 7 days of purchase if fewer than 50 credits have been consumed.
• Top-up credit packs are non-refundable once any credits have been used.
• If a generation job fails due to a system error on our side, the credits consumed will be automatically refunded.
• Refunds are not provided for unused credits at account closure.

6. Acceptable Use

You agree not to use the Service to:

• Generate or distribute illegal, harmful, or deceptive content.
• Infringe on third-party intellectual property rights.
• Attempt to reverse-engineer, scrape, or abuse the API.
• Resell API access or credits without authorization.

6a. AI-Specific Restrictions

When using AI image and video generation features — including but not limited to AI Try-On, Model Swap, Spokesperson, Buyer Show, and Model Render — you additionally agree NOT to:

• Upload photos of any individual without their explicit, informed consent — including celebrities, public figures, ex-partners, colleagues, or anyone other than yourself.
• Generate images or videos depicting any person in a sexual, nude, defamatory, or politically misleading context ("deepfake" or non-consensual imagery).
• Generate any content depicting minors (anyone under 18). The Service must not be used for any content involving minors.
• Use AI Model Render or Try-On features to create images of identifiable real persons without written authorization from the depicted individual.
• Upload product images bearing third-party trademarks, copyrighted designs, or registered brand identifiers without proper authorization from the rights holder.
• Generate content that violates applicable laws, including defamation, privacy, hate speech, election integrity, or consumer protection regulations in any jurisdiction.

7. Intellectual Property

You retain ownership of images you upload. You grant ThePhotoForge a limited license to process your content solely to provide the Service. AI-generated outputs are yours to use commercially, subject to applicable law and model provider terms.

8. Disclaimer of Warranties

The Service is provided "as is" without warranty of any kind. We do not guarantee uninterrupted service, error-free results, or fitness for any particular purpose.

9. Limitation of Liability

To the maximum extent permitted by law, ThePhotoForge shall not be liable for any indirect, incidental, or consequential damages. Our total liability shall not exceed the amount you paid in the 12 months preceding the claim.

10. Termination

We reserve the right to suspend or terminate accounts that violate these Terms. You may cancel your account at any time from the billing settings page.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. ThePhotoForge is independently operated by Peng Zhu. For any legal inquiries, contact [email protected].

12. Contact

Questions? Email us at [email protected]