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PhotatoLast updated: 6th May, 2025
These Terms of Service (“Terms”) form a legally binding agreement between you (“User”, “you”, “your”) and Photato (“Photato”, “we”, “us”, “our”), governing your access to and use of the website located at www.photato.ai, any related domains, mobile applications, services, and tools (collectively, the “Services”).
By accessing or using any part of the Services, you accept and agree to be bound by these Terms, our Privacy Policy, Cookie Policy, and any other legal notices published on the Site. If you do not agree to these Terms, do not use the Services.
You must be at least sixteen (16) years old to access or use the Services. If you are under 16, your access must be supervised by a parent, guardian, or responsible adult who accepts these Terms on your behalf. Unauthorized use by minors without such supervision is strictly prohibited.
You represent that all information provided upon registration is accurate and will remain updated. Use of the Services constitutes your agreement to these Terms and all policies incorporated by reference.
Photato offers a browser-based and API-accessible platform for AI-generated image transformations. Features may include uploading, editing, processing, and downloading content. Access to specific tools or capabilities may be restricted based on your plan, usage volume, or geographic location. We reserve the right to modify or discontinue any features without liability or notice.
To access certain features, you must create a user account. You are solely responsible for maintaining the confidentiality of your account credentials and for all actions taken under your account. If you believe your account has been accessed without authorization, notify us immediately.
Photato is not responsible for losses due to compromised credentials. We may suspend or terminate accounts at our discretion for violations of these Terms, without refund.
Photato grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful purposes, subject to these Terms.
You shall not:
Photato operates on a token-based model. Tokens are prepaid credits used to access transformation features. You must purchase tokens via accepted payment methods. Prices, packages, and available features are subject to change without notice.
Auto-renewal (if subscription plans are introduced): If you purchase a subscription, it will automatically renew unless canceled before the next billing cycle. We may adjust fees, features, and promotional pricing at our discretion. Refunds are not issued for unused credits or remaining subscription time, unless required by law.
In the case of pricing or billing errors, we reserve the right to correct the error and revise your account accordingly.
You may cancel your account at any time through the account settings or by contacting support@photato.ai. Upon cancellation:
We may retain records as required to comply with legal obligations, resolve disputes, or enforce these Terms.
You retain full ownership of all images, text, and materials uploaded or generated through the Services (“User Content”).
By uploading content, you grant Photato a non-exclusive, royalty-free, worldwide license to process, store, display, and transmit your content solely for the purpose of delivering the Services to you. You affirm that you have the necessary rights to your content and that it does not violate any third-party rights.
If you share, publish, or distribute AI-generated content, you acknowledge that others may independently create similar results using their own inputs. You waive any claim for uniqueness, exclusivity, or originality.
AI-generated content is fictional by default. Photato disclaims liability for:
You are solely responsible for ensuring compliance with applicable laws when publishing or distributing AI-generated content.
All platform code, UI/UX designs, system logic, and documentation are owned by Photato or its licensors. All rights are reserved.
You may not reuse or reproduce any materials from the Services without explicit written consent. Feedback, bug reports, and feature suggestions submitted to Photato become our property. We may use them royalty-free for any purpose, including product improvement or marketing.
The Services may link to external websites or services. Photato is not responsible for the content, policies, or security of these third-party sites. Use of any linked service is at your own risk and subject to the terms of the respective provider.
Photato collects usage data to monitor system performance, identify errors, and improve features. By using the Services, you grant us the right to collect, anonymize, analyze, and retain data derived from your activity. We may share aggregated, non-identifiable data with third parties or use it for benchmarking and statistical analysis.
If you believe your copyrighted material has been used on the Services without authorization, send a DMCA notice to support@photato.ai including:
We reserve the right to disable or remove infringing content, and to terminate accounts of repeat infringers.
Counter-notices must comply with 17 U.S.C. § 512(g) and may result in reinstatement of removed material unless legal action is taken.
We may suspend or terminate your account without prior notice if:
Termination results in immediate revocation of access. You are not entitled to refunds or data recovery unless legally mandated.
The Services are provided “AS IS” and “AS AVAILABLE.” Photato makes no warranties, express or implied, regarding:
Use of the Services is at your sole risk.
Photato shall not be liable for indirect, incidental, punitive, or consequential damages, including loss of data, revenue, or profits. Total liability for any claim shall not exceed the amount paid by you in the 30 days prior to the incident.
You agree to indemnify and hold harmless Photato, its affiliates, employees, and agents from any claims, losses, damages, or legal costs arising from:
We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including but not limited to natural disasters, internet failures, government restrictions, or labor disputes.
These Terms are governed by the laws of Croatia. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration or court proceedings in Municipal Civil Court in Osijek.
By using the Services, you consent to receive all communications electronically. This includes legal notices, account updates, and transactional emails. Electronic documents satisfy legal requirements for written communication.
These Terms, along with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Photato. If any provision is held to be invalid, the remaining provisions remain in full effect.
Legal or compliance inquiries may be sent to:
📍 Bartola Kašića 7, 31000 Osijek, Croatia