THESE TERMS OF SERVICE AND PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU” OR “USER”) AND PHOTORBA (“THE COMPANY”, “WE”, “US”, OR “OUR”). THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE LOCATED AT PHOTORBA.COM (THE “SITE”), INCLUDING ALL CONTENT, SERVICES, AND TOOLS ACCESSIBLE THEREIN.
IMPORTANT NOTICE: BY ACCESSING THE SITE OR UTILIZING THE SERVICES, YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE ALL USE IMMEDIATELY.
IMPORTANT NOTICE: BY ACCESSING THE SITE OR UTILIZING THE SERVICES, YOU ACKNOWLEDGE THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE AND ABSOLUTE RISK. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE ALL USE IMMEDIATELY.
1. Introduction and Binding Agreement
NOTICE: THIS AGREEMENT CONTAINS BINDING ARBITRATION AND A CLASS ACTION WAIVER.
This Agreement represents the complete understanding between the User and the Company. Your continued use of the Site and Services confirms your ongoing acceptance of these Terms. We reserve the absolute right, at our sole and absolute discretion, to **terminate or suspend your access to all or any part of the Service at any time, with or without cause, and with or without notice**, effective immediately.
The "Site" encompasses the Photorba web application, subdomains, and any third-party integrations. Any new features added shall also be subject to these Terms. We make no warranty that (A) the Site will meet your requirements, or (B) access will be uninterrupted, timely, secure, or error-free.
The "Site" encompasses the Photorba web application, subdomains, and any third-party integrations. Any new features added shall also be subject to these Terms. We make no warranty that (A) the Site will meet your requirements, or (B) access will be uninterrupted, timely, secure, or error-free.
2. Eligibility and User Representations
To be eligible to use the Services, you represent and warrant that:
- Age: You are at least 18 years of age (or the legal age of majority). The Services are strictly prohibited for minors.
- Consent: You are creating models of yourself or you have obtained explicit, written, and verifiable consent from any individual whose likeness you are using. You represent that such individuals are over 18 years old and are not politically exposed persons (PEPs).
- Legality: Your use of the Services complies with all applicable local and international laws, including the EU AI Act and NCII regulations.
- Ethics: You acknowledge that generating intimate imagery without consent is illegal and that Photorba is NOT a "nudifier" or "undressing" application.
3. Definitions and Scope
“Input”: All data, text prompts, and image files provided by you.
“Output”: The artificial intelligence-generated content produced based on your Input.
“Assets”: The collective term for all Input and Output.
The Company provides AI model training and image generation tools. You acknowledge that Output is generated by neural networks and may contain inaccuracies, hallucinations, or artifacts.
“Output”: The artificial intelligence-generated content produced based on your Input.
“Assets”: The collective term for all Input and Output.
The Company provides AI model training and image generation tools. You acknowledge that Output is generated by neural networks and may contain inaccuracies, hallucinations, or artifacts.
4. Modification and Termination of Services
The Company reserves the right, at its sole discretion, to modify, update, replace, or **discontinue, temporarily or permanently, the Site (or any part thereof)** at any time with or without notice.
Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder due to any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including GPU infrastructure outages or "line-noise" interference).
Force Majeure: The Company shall not be liable for any failure to perform its obligations hereunder due to any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including GPU infrastructure outages or "line-noise" interference).
5. Fees, One-Time Purchases, and Refund Policy
Access to premium features of the Services requires the one-time payment of fees (“Fees”) to purchase virtual credits or coins. You agree to pay all Fees and applicable taxes associated with your purchase in a timely manner.
5.1 One-Time Purchases Only (No Subscriptions): Photorba operates strictly on a one-time payment basis. We do not offer or enforce recurring subscriptions. Any purchase of digital credits or packages is a single, non-recurring transaction. You will never be charged automatically on a recurring basis.
5.2 Immediate Delivery and Strict No-Refund Policy: Upon successful payment, your digital credits are immediately deposited into your account balance. Because digital goods cannot be "returned" and due to the immediate, high fixed costs of GPU processing and server reservation required for AI generation, we do not offer refunds once a purchase is completed and credits are added to your balance. By executing a purchase, you acknowledge that the digital service has been successfully delivered and consumed in full.
5.3 Waiver of Right of Withdrawal: By purchasing virtual credits, you expressly consent to the immediate performance of the contract and the immediate provision of digital content. Consequently, you expressly waive your right to a 14-day withdrawal period (or any equivalent consumer cooling-off period) under the EU Consumer Rights Directive or other applicable laws. ALL SALES ARE STRICTLY FINAL.
5.4 Taxes: Unless otherwise stated, Fees do not include federal, state, local, or foreign taxes, duties, or other similar assessments (“Taxes”). You are solely responsible for all Taxes associated with your purchase and we may invoice you for such Taxes as required by law.
5.1 One-Time Purchases Only (No Subscriptions): Photorba operates strictly on a one-time payment basis. We do not offer or enforce recurring subscriptions. Any purchase of digital credits or packages is a single, non-recurring transaction. You will never be charged automatically on a recurring basis.
5.2 Immediate Delivery and Strict No-Refund Policy: Upon successful payment, your digital credits are immediately deposited into your account balance. Because digital goods cannot be "returned" and due to the immediate, high fixed costs of GPU processing and server reservation required for AI generation, we do not offer refunds once a purchase is completed and credits are added to your balance. By executing a purchase, you acknowledge that the digital service has been successfully delivered and consumed in full.
5.3 Waiver of Right of Withdrawal: By purchasing virtual credits, you expressly consent to the immediate performance of the contract and the immediate provision of digital content. Consequently, you expressly waive your right to a 14-day withdrawal period (or any equivalent consumer cooling-off period) under the EU Consumer Rights Directive or other applicable laws. ALL SALES ARE STRICTLY FINAL.
5.4 Taxes: Unless otherwise stated, Fees do not include federal, state, local, or foreign taxes, duties, or other similar assessments (“Taxes”). You are solely responsible for all Taxes associated with your purchase and we may invoice you for such Taxes as required by law.
6. User Conduct and Prohibited Activities
Photorba maintains a **ZERO-TOLERANCE POLICY** regarding misuse. You are strictly prohibited from:
- Non-Consensual Intimate Imagery (NCII): Using the service as a "nudifier" or generating nude, semi-nude, or sexually explicit imagery of any real person. This includes "digital undressing" of photographs.
- Minor Safety: Producing any sexual or explicit content involving minors or content that facilitates the exploitation of children.
- Deceptive Deepfakes: Creating deepfake content with the intent to deceive, defraud, or mislead others, or impersonating individuals without written consent.
- Infrastructure Abuse: Using robots, spiders, or scrapers to extract data or imposing an unreasonable load on our GPU infrastructure.
- Reverse Engineering: Attempting to discover the source code or underlying algorithms of our AI models.
7. Ownership of Assets and Licensing
7.1 Assignment of Ownership: To the maximum extent permitted by applicable law, **you own all Assets (Output) you create with the Services**. Photorba hereby assigns to you all rights, title, and interest in and to such Assets for your personal or commercial use, provided you have fully complied with this Agreement.
7.2 License to Photorba: By using the Services, you grant to Photorba a **perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license** to use, copy, reproduce, process, adapt, modify, publish, and distribute text prompts and images you input (Input), as well as Assets produced by the Service at your direction (Output).
This license authorizes the Company to use such Assets as needed to **provide, maintain, promote, and improve the Services**, as well as to comply with applicable law. This license survives the termination of your account.
This license authorizes the Company to use such Assets as needed to **provide, maintain, promote, and improve the Services**, as well as to comply with applicable law. This license survives the termination of your account.
5. Fees, One-Time Purchases, and Refund Policy
Access to premium features of the Services requires the one-time payment of fees (“Fees”) to purchase virtual credits or coins. You agree to pay all Fees and applicable taxes associated with your purchase in a timely manner.
5.1 One-Time Purchases Only (No Subscriptions): Photorba operates strictly on a one-time payment basis. We do not offer or enforce recurring subscriptions. Any purchase of digital credits or packages is a single, non-recurring transaction. You will never be charged automatically on a recurring basis.
5.2 Immediate Delivery and Strict No-Refund Policy: Upon successful payment, your digital credits are immediately deposited into your account balance. Because digital goods cannot be "returned" and due to the immediate, high fixed costs of GPU processing and server reservation required for AI generation, we do not offer refunds once a purchase is completed and credits are added to your balance. By executing a purchase, you acknowledge that the digital service has been successfully delivered and consumed in full.
5.3 Waiver of Right of Withdrawal: By purchasing virtual credits, you expressly consent to the immediate performance of the contract and the immediate provision of digital content. Consequently, you expressly waive your right to a 14-day withdrawal period (or any equivalent consumer cooling-off period) under the EU Consumer Rights Directive or other applicable laws. ALL SALES ARE STRICTLY FINAL.
5.4 Taxes: Unless otherwise stated, Fees do not include federal, state, local, or foreign taxes, duties, or other similar assessments (“Taxes”). You are solely responsible for all Taxes associated with your purchase and we may invoice you for such Taxes as required by law.
5.1 One-Time Purchases Only (No Subscriptions): Photorba operates strictly on a one-time payment basis. We do not offer or enforce recurring subscriptions. Any purchase of digital credits or packages is a single, non-recurring transaction. You will never be charged automatically on a recurring basis.
5.2 Immediate Delivery and Strict No-Refund Policy: Upon successful payment, your digital credits are immediately deposited into your account balance. Because digital goods cannot be "returned" and due to the immediate, high fixed costs of GPU processing and server reservation required for AI generation, we do not offer refunds once a purchase is completed and credits are added to your balance. By executing a purchase, you acknowledge that the digital service has been successfully delivered and consumed in full.
5.3 Waiver of Right of Withdrawal: By purchasing virtual credits, you expressly consent to the immediate performance of the contract and the immediate provision of digital content. Consequently, you expressly waive your right to a 14-day withdrawal period (or any equivalent consumer cooling-off period) under the EU Consumer Rights Directive or other applicable laws. ALL SALES ARE STRICTLY FINAL.
5.4 Taxes: Unless otherwise stated, Fees do not include federal, state, local, or foreign taxes, duties, or other similar assessments (“Taxes”). You are solely responsible for all Taxes associated with your purchase and we may invoice you for such Taxes as required by law.
8. Copyright and DMCA Policy
Photorba respects intellectual property rights. If you believe your work has been translated or copied in a way that constitutes copyright infringement, please provide our Copyright Agent with a written notice.
8.1 Form of Notice: To be effective, your Notice must comply with all requirements of 17 U.S.C. § 512(c)(3). If your Notice fails to comply, it may not be effective.
8.2 Repeat Infringers: We will terminate or disable your access to the Site in appropriate circumstances if you are deemed by us, in our sole discretion, to be a repeat copyright infringer.
Send notices to support@photorba.com.
8.1 Form of Notice: To be effective, your Notice must comply with all requirements of 17 U.S.C. § 512(c)(3). If your Notice fails to comply, it may not be effective.
8.2 Repeat Infringers: We will terminate or disable your access to the Site in appropriate circumstances if you are deemed by us, in our sole discretion, to be a repeat copyright infringer.
Send notices to support@photorba.com.
9. Limitation of Liability and Indemnification
9.1 Indemnification: You shall defend, indemnify, and hold harmless Photorba (including its officers, employees, and contractors) from all liabilities, losses, claims, and expenses (including reasonable attorneys\’ fees) arising from (i) your use/misuse of the Services, (ii) your violation of these Terms, or (iii) any content you generate or upload.
9.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTORBA (AND ITS LICENSORS) WILL NOT BE LIABLE FOR ANY **INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES**, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED **ONE HUNDRED SINGAPORE DOLLARS ($100 SGD)** OR THE TOTAL AMOUNT PAID BY YOU IN THE PREVIOUS 12 MONTHS, WHICHEVER IS LOWER.
9.3 AI Inaccuracy Assumption: You expressly understand that AI-generated Output may be inaccurate, inappropriate, or incomplete. You assume all risks associated with the use of such Output.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED **ONE HUNDRED SINGAPORE DOLLARS ($100 SGD)** OR THE TOTAL AMOUNT PAID BY YOU IN THE PREVIOUS 12 MONTHS, WHICHEVER IS LOWER.
9.3 AI Inaccuracy Assumption: You expressly understand that AI-generated Output may be inaccurate, inappropriate, or incomplete. You assume all risks associated with the use of such Output.
10. Governing Law and Dispute Resolution
Any and all claims arising out of or related to this Agreement shall be governed by the laws of **Singapore** in all respects.
10.1 Binding Arbitration: Any dispute shall be referred to and finally resolved by binding arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC). The language of arbitration shall be English.
10.2 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS: YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
10.1 Binding Arbitration: Any dispute shall be referred to and finally resolved by binding arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (SIAC). The language of arbitration shall be English.
10.2 PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS: YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
11. Privacy Policy and Data Protection
Your privacy is of paramount importance to Photorba. We process your information in accordance with this Agreement and applicable data protection laws.
11.1 Information Sharing: We share information about you with third-party service providers (including cloud infrastructure and payment processors) only to the extent necessary to provide the Services. We require these entities to provide at least the same level of privacy protection as committed herein.
11.2 Legal Basis: We process your data based on Contractual Necessity (to provide the AI services), Legitimate Interests (to maintain security), and Legal Obligations (tax compliance).
11.3 Retention: Assets are retained only for as long as necessary to fulfill the purposes of the Service. You may delete your Assets at any time via the dashboard.
11.2 Legal Basis: We process your data based on Contractual Necessity (to provide the AI services), Legitimate Interests (to maintain security), and Legal Obligations (tax compliance).
11.3 Retention: Assets are retained only for as long as necessary to fulfill the purposes of the Service. You may delete your Assets at any time via the dashboard.
13. Your Data Rights and Choices
Depending on your residency, you may have the following rights under the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), or Singapore Personal Data Protection Act (PDPA):
- Access and Portability: The right to request a copy of the personal data we hold about you in a structured, machine-readable format.
- Erasure (Right to be Forgotten): The right to request that we delete your personal data and generated Assets, subject to our legal retention requirements.
- Correction: The right to request the rectification of inaccurate or incomplete personal information.
- Objection and Restriction: The right to object to processing based on legitimate interests or request the restriction of processing in certain circumstances.
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15. General Provisions and Contact Information
15.1 Electronic Evidence: A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings to the same extent and subject to the same conditions as other business documents originally generated in printed form.
15.2 Statute of Limitations: REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE FILED WITHIN **ONE (1) YEAR** AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED.
15.3 Entire Agreement: This Agreement constitutes the entire agreement between you and Photorba and governs your use of the Site, superseding any prior agreements.
15.4 Contact: Official inquiries must be sent to support@photorba.com.
15.2 Statute of Limitations: REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE FILED WITHIN **ONE (1) YEAR** AFTER SUCH CLAIM AROSE OR BE FOREVER BARRED.
15.3 Entire Agreement: This Agreement constitutes the entire agreement between you and Photorba and governs your use of the Site, superseding any prior agreements.
15.4 Contact: Official inquiries must be sent to support@photorba.com.
Photorba is an AI-powered service provided under the laws of Singapore. All generated assets are subject to the terms and conditions outlined above.