Terms of Use

Effective Date: January 2025
Last Updated: January 2025

1. Acceptance of Terms

By downloading, installing, or using the PhotoSenseAI mobile application (the "App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legal agreement between you and CEREMY DIGITAL LTD ("Company," "we," "our," or "us"), a company registered in the United Kingdom.

Company Details:
CEREMY DIGITAL LTD
71-75 Shelton Street
London, WC2H 9JQ
United Kingdom

2. Description of Service

PhotoSenseAI is an AI-powered photography assistant that provides:

• AI Photography Suggestions: Creative ideas and location-based suggestions for photo shoots
• Instant Photo Critique: AI analysis of your photos with feedback on composition, lighting, and technical aspects
• Gear Management: Tools to track and manage your photography equipment
• Educational Content: Tips and recommendations to improve your photography skills
• User Accounts: Optional account creation for enhanced features and personalization
• Subscription Services: Premium features available through subscription plans

3. Photo Processing and Privacy

4. User Responsibilities

You agree to:

• Use the App only for lawful purposes
• Not upload photos that violate any laws or third-party rights
• Not upload inappropriate, offensive, or harmful content
• Ensure you have the right to upload and analyze any photos you submit
• Not attempt to reverse engineer or modify the App
• Not use the App to harass, abuse, or harm others
• Provide accurate information when using the gear management features

5. Prohibited Content

You may NOT upload photos that contain:

• Illegal, harmful, or offensive content
• Copyrighted material you don't own or have permission to use
• Personal information of others without consent
• Nudity or sexually explicit content
• Violence, harassment, or hate speech
• Content that violates privacy rights

6. Intellectual Property Rights

6.1 Your Content

You retain all rights to the photos you upload. By using the App, you grant us a limited, temporary license to process your photos solely for providing AI analysis.

6.2 Our Content

The App, including its AI models, algorithms, design, and functionality, is owned by CEREMY DIGITAL LTD and protected by intellectual property laws.

6.3 Exclusive Property Rights

This includes but is not limited to:

• The PhotoSenseAI name and logo
• Visual design and user interface elements
• Trademarks and service marks
• App icons and branding materials
• Marketing materials and content
• Documentation and help materials

You may not use, copy, modify, or distribute any of our proprietary content without written permission.

6.4 AI-Generated Content

Suggestions, critiques, and recommendations generated by our AI are provided "as is" for educational purposes. You may use this feedback to improve your photography.

7. AI Analysis Disclaimer

We do not guarantee that:

• AI suggestions will improve your photography
• AI critiques are accurate or comprehensive
• Following AI recommendations will achieve desired results
• The AI analysis reflects professional photography standards

8. User Accounts and Registration

PhotoSenseAI requires user account creation to access the application. All user accounts are managed through Amazon Web Services (AWS) Cognito authentication service.

8.1 Account Requirements

• You must create an account to use PhotoSenseAI
• You must provide a valid email address for account verification
• You must verify your email address before accessing the app
• You must create a secure password that meets our requirements
• You must provide accurate and complete information during registration

8.2 Account Security

• Your account is secured through AWS Cognito authentication
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access
• You may not share your account credentials with others
• We may require additional verification steps for account security

8.3 Account Management

• You can update your account information through the app
• Password resets are handled through AWS Cognito's secure system
• To delete your account, you must contact us at photosenseai@ceremydigital.com
• Account deletion will remove all associated data and cannot be undone

9. Subscription Services and Billing

9.1 Service Tiers

• Free Tier: Access to basic photography suggestions and limited AI critiques
• Pro Tier: Unlimited AI critiques, advanced suggestions, and premium features
• App Store Subscriptions: Pro tier subscriptions are managed through Google Play Store or Apple App Store

9.2 Subscription Terms

• Billing: Pro tier subscriptions are charged through your app store account
• Auto-Renewal: Subscriptions automatically renew unless cancelled through your app store
• Price Changes: We may change subscription prices with advance notice
• Cancellation: You may cancel your subscription through your app store account settings
• Refunds: Refund policies are governed by your app store's refund policy
• Access: Upon cancellation, you retain Pro access until the end of your current billing period, then revert to free tier

9.3 App Store Terms

Pro tier subscriptions are processed through Google Play Store or Apple App Store. By subscribing, you agree to their respective terms of service and payment policies. We do not have direct access to your payment information.

10. User Feedback and Suggestions

We welcome your feedback and suggestions about PhotoSenseAI. By providing feedback, you agree that:

• We may use your feedback to improve our services without compensation to you
• We may implement any suggestions or ideas you provide
• You grant us a perpetual, worldwide, royalty-free license to use your feedback
• Your feedback does not contain confidential or proprietary information

11. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

12. Service Availability

We strive to provide reliable service, but we cannot guarantee:

• Continuous, uninterrupted access to the App
• Error-free operation
• Compatibility with all devices or operating systems
• Permanent availability of any specific feature

13. Updates and Modifications

We may:

• Update the App to add new features or fix issues
• Modify or discontinue features with or without notice
• Update these Terms - continued use constitutes acceptance of changes

14. Limitation of Liability

To the maximum extent permitted by law:

• The App is provided "as is" without warranties of any kind
• We are not liable for any damages arising from your use of the App
• Our total liability shall not exceed the amount you paid for the App (if any)
• We are not responsible for decisions you make based on AI suggestions

15. Copyright Infringement Notices

If you believe that content in PhotoSenseAI infringes your copyright, please send a notice to:

• Email: photosenseai@ceremydigital.com
• Subject Line: "Copyright Infringement Notice"

Your notice should include:

• Description of the copyrighted work you claim has been infringed
• Description of where the infringing material is located in the App
• Your contact information
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information in your notice is accurate
• Your physical or electronic signature

16. Indemnification

You agree to defend, indemnify, and hold harmless CEREMY DIGITAL LTD from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Content you upload or submit
• Your violation of any third-party rights

17. Termination

We may terminate or suspend your access to the App at any time for violation of these Terms. You may stop using the App at any time by deleting it from your device.

18. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

19. Age Requirements

You must be at least 13 years old to use PhotoSenseAI. If you are between 13 and 18, you must have parental consent to use the App.

20. Third-Party Services

The App may integrate with or link to third-party services. We are not responsible for third-party content, services, or policies.

21. Export Restrictions

The App may be subject to export laws and regulations. You agree to comply with all applicable export and import laws.

22. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

23. Contact Information

• Email: photosenseai@ceremydigital.com

24. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and CEREMY DIGITAL LTD regarding the use of PhotoSenseAI.