Terms of Service

Last updated: September 26, 2025

1. Introduction

These Terms of Service ("Agreement" or "Terms") constitute a legally binding agreement between you ("User", "you", or "your") and FotoPolaroid ("Company", "we", "us", or "our"), governing your access to and use of the FotoPolaroid platform, including our website at https://fotopolaroid.net, all associated applications, APIs, and AI-powered photo transformation services (collectively, the "Services"). By accessing or using our Services, creating an account, or uploading any photos to our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of our Services and may not access or utilize our AI Polaroid technology.

2. User Eligibility

You must be at least 18 years of age or the age of legal majority in your jurisdiction to use our Services. By creating an account or using our Polaroid creation tools, you represent and warrant that: (i) you have the legal capacity to enter into binding contracts; (ii) you are not barred from using the Services under any applicable laws; and (iii) you will comply with these Terms and all applicable local, state, national, and international laws and regulations. If you are accessing the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. Our Services are available globally, except where prohibited by law or where we have implemented geographic restrictions due to regulatory compliance requirements.

3. Account Responsibilities

3.1 Account Creation and Maintenance

Certain features of our Services require account registration. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are solely responsible for safeguarding your account credentials and for any activities or actions under your account. You must not share your account credentials or allow others to access your account.

3.2 Account Security

You accept full responsibility for all activities that occur under your account. You must immediately notify us at [email protected] if you become aware of any breach of security, unauthorized use of your account, or any other security vulnerability. We will not be liable for any loss or damage arising from your failure to comply with this security obligation. We reserve the right to suspend or terminate accounts that we reasonably believe may have been compromised.

4. Use of Services

4.1 Permitted Uses

You may use our AI Polaroid Services solely for lawful purposes and in accordance with these Terms. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for creating Polaroid-style transformations for personal, non-commercial use or internal business purposes in compliance with these Terms.

4.2 Prohibited Uses

You expressly agree not to:

4.3 Photo Upload Limitations

Photo uploads are limited to JPG, PNG, and WebP formats with a maximum file size of 10MB per image. We reserve the right to implement daily or monthly processing limits based on your subscription tier.

5. Purchases and Payments

5.1 Subscription Plans and Credits

We offer various subscription plans and credit packages for accessing our Polaroid creation services. Each plan includes different features, processing limits, and resolution options. Current pricing and plan details are available on our website and are subject to change with notice to existing subscribers.

5.2 Payment Processing

All payments are processed securely through third-party payment processors including Stripe. By providing payment information, you authorize us to charge the applicable fees to your selected payment method. You represent that you are authorized to use the payment method you provide.

5.3 Auto-Renewal

Paid subscriptions automatically renew at the end of each billing cycle unless canceled at least 24 hours before the renewal date. You may manage your subscription and auto-renewal settings through your account dashboard.

5.4 Cancellations and Refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. Payments are generally non-refundable except where required by law. Unused credits expire according to the terms of your plan and are non-transferable.

6. Intellectual Property

6.1 Our Technology and Content

All software, AI models, algorithms, designs, text, graphics, logos, and other content that are part of our Services are owned by FotoPolaroid or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, modify, create derivative works, reverse engineer, or otherwise attempt to discover any source code.

6.2 Your Photos and AI-Generated Output

You retain all rights to the original photos you upload to our Services. For Polaroid images created using our AI technology, you are granted full ownership rights to the output images, subject to your compliance with these Terms. However, we cannot guarantee that AI-generated outputs will be unique, as our AI may produce similar results for different users with similar inputs.

6.3 License Grant to FotoPolaroid

By uploading photos to our Services, you grant FotoPolaroid a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, store, and display your uploaded photos solely for the purpose of providing our Services to you. This includes the right to apply AI transformations, generate Polaroid-style versions, and temporarily cache images for processing efficiency. We will not use your photos for training our AI models without your explicit opt-in consent.

7. User-Generated Content

You are solely responsible for all photos and content you upload to our Services. You represent and warrant that: (i) you own or have the necessary rights to use and authorize us to process all uploaded photos; (ii) your use of the Services will not infringe, violate, or misappropriate the rights of any third party; and (iii) you have obtained all necessary consents from individuals appearing in your photos. We reserve the right to remove or refuse to process any content that violates these Terms or is otherwise objectionable, without prior notice.

8. Termination

Either party may terminate this Agreement at any time. We may immediately suspend or terminate your access to our Services if you breach these Terms, engage in fraudulent activity, or if required by law. Upon termination: (i) your right to use our Services ceases immediately; (ii) you must cease all use of our Services; and (iii) any outstanding fees become immediately due and payable. We may retain certain data as required by law or for legitimate business purposes.

9. Privacy and Data Protection

We are committed to protecting your privacy in compliance with GDPR, CCPA, and other applicable data protection laws. Our Privacy Policy details how we collect, use, and protect your information. You have rights regarding your personal data including access, rectification, deletion, and data portability. Photos uploaded for processing are temporarily stored and automatically deleted after processing unless you choose to save them to your account. We implement industry-standard security measures including encryption for data in transit and at rest. You may opt out of having your photos used for AI model improvement through your privacy settings.

10. Third-Party Links and Integrations

Our Services may contain links to third-party websites or integrate with third-party services for sharing or printing your Polaroid creations. We are not responsible for the content, accuracy, or practices of third-party sites or services. Your interactions with third-party services are governed by their respective terms and privacy policies. Integration with social media platforms for sharing is provided "as is" without warranties.

11. Disclaimers and Limitations of Liability

11.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

11.2 AI Output Disclaimer

While our AI technology strives to create authentic-looking Polaroid-style transformations, we do not guarantee the accuracy, quality, or suitability of AI-generated images for any particular purpose. Results may vary based on input photo quality, composition, and other factors. You are responsible for reviewing all outputs before use or distribution.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOTOPOLAROID'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11.4 Indemnification

You agree to defend, indemnify, and hold harmless FotoPolaroid, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

12. Modifications to Terms

We reserve the right to modify these Terms at our discretion. Material changes will be notified via email or prominent notice on our Services at least 30 days before becoming effective. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you disagree with any modifications, you must discontinue use of the Services and may request account deletion.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

13.2 Arbitration Agreement

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration conducted by the American Arbitration Association under its Commercial Arbitration Rules, except that you may assert claims in small claims court if eligible. The arbitration shall be conducted in San Francisco, California.

13.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You may bring claims only on your own behalf and not on behalf of any other person.

13.4 Consumer Rights

Nothing in these Terms shall affect your statutory rights as a consumer under applicable law, including rights that cannot be waived or limited by contract.

14. Contact Information

For questions about these Terms, our Services, or to report violations, please contact us:

Email: [email protected]

By using FotoPolaroid, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.