Termos de uso

This document is posted on the website https://photojam.ai/ (hereinafter - the "Site") for persons interested in using the Service and recognized as "Customers" under the terms of this document.

This document applies to all sections of the Site, Service and Personal Account.

Terms and Definitions

Customer – a legal entity, an individual entrepreneur or a natural person over the age of 18 who uses the Service.

Personal Account – section on the Site https://app.photojam.ai/, which is the Customer's personal control center for the features of the Site and Service available to him/her, including account replenishment, tariff selection, registration and payment for services, etc.

Customer's Credentials - login and password (or other similar means of authentication) used to authorize the Customer in the Customer's Personal Account.

Service - PhotoJam service available through the Website and Personal Account, which allows generating Images using artificial intelligence based on the uploaded content, processing and editing of Images.

Subscription - providing the Customer with an opportunity to use the Service and receive services in accordance with the Tariff selected by the Customer for a certain period of time. If the Customer does not take any actions to disconnect the Subscription before the expiration of the specified period of time, the Subscription may be automatically extended for a similar period of time.

Image - a graphic material generated by artificial intelligence using the Service.

 

Unless the contexts otherwise demands, words importing any gender shall be interpreted to mean any or all genders.

1. Procedure for Using the Service

1.1 The Customer represents and warrants that:

1.1.1. he/she provides accurate, up-to-date and reliable data, including when registering Personal Account, making payments. In case of changes in the provided information, as well as e-mail address or phone number, the Customer undertakes to notify the Executor not later than 2 (two) days from the moment of such changes by making appropriate changes in the Customer's Personal Account;

1.1.2. he/she has the necessary authorization;

1.1.3. he/she has familiarized himself/herself with the tariffs, terms and conditions of all documents mentioned or referred to in this document and/or invoice, as well as with all necessary information posted on the Website and/or in the Customer's Personal Account;

1.1.4. the information contained in the invoice (if applicable), including information about the services and their cost, corresponds to the actual intentions of the Customer, the parameters chosen by the Customer, contains true information about the Customer;

1.1.5. he/she will not use the Site, Personal Account, Service or services for any illegal purposes, as well as for political purposes;

1.1.6. he/she will not upload images or other materials (content) and (or) use the generated Images in violation of any copyright or other rights of third parties.

Violation of any of the representations or warranties specified in this paragraph shall be grounds for immediate refusal to provide access to the Service and render services.

The Provider reserves the right to refuse to provide services to any person in respect of whom it has reason to believe that such person may misuse the Site, Personal Account, Service, services or violate the terms of service provision.

1.2 The Customer entrusts and the Executor undertakes the obligation to provide services to the Customer on a paid basis according to the selected and paid Tariff. When using the Website for the first time, the Customer may be granted access to the Website for familiarization purposes (Trial access).

1.3 The Customer's registration of a Personal Account means full and unconditional consent to the terms of use of the Service. Payment by the Customer of any service and (or) any invoice is an additional confirmation of the Customer's consent to the terms of use of the Service, but the Parties assume that the consent to the terms of use occurs from the moment of registration of the Personal Account regardless of whether any payment for services and (or) invoices was made subsequently.

2. Rules for the Provision of Services

2.1 From the moment of registration of the Trial access or making the first payment in favor of the Executor, the Customer gets the opportunity to access the services rendered with the use of the Service in accordance with its purpose, namely, the Customer gets the opportunity, within the limits of the chosen Tariff, to carry out independently and under his/her responsibility the generation of Images with the use of artificial intelligence on the basis of the content uploaded by the Customer or by the persons authorized by him/her to the Personal Account. The Customer's authorized persons shall be any persons who have access to the Customer's Personal Account, unless the Customer has reported the loss of control over the Personal Account due to the loss or compromise of the Customer's Credentials.

2.2 The use of the Service, including the receipt of services in terms of generation of Images is available to the Customer within the limits of the Tariff, and after the exhaustion of the payment made, unless the Contractor decides otherwise, the access is limited to the viewing mode, the Customer cannot generate new Images.

The Customer understands and accepts that the Executor reserves the right to change the technical characteristics of the services provided and the terms of use of the Service at any time without prior notice to the Executor.

2.3 The Customer is fully responsible for his/her actions and actions of any authorized persons, any actions of which are considered to be the actions of the Customer.

In case of violation by the Customer or its authorized persons of the terms and conditions of receipt of services and use of the Site, Personal Account and (or) Service, the provision of services may be terminated or the level of functionality in respect of the Customer may be limited to the viewing mode, and the cost of the prepaid Tariff may be withheld as a penalty for violation of the terms and conditions hereof.

2.4 The Customer agrees to receive newsletters from the Provider at the e-mail address used to register the Personal Account. In this case, the Customer at any time has the right to refuse to receive the letters in the manner specified on the Site and (or) in the sent information letter.

2.5 Access to the Service for receiving services is made remotely via the Internet and is provided after payment of the selected Tariff (for the paid period according to the Tariff) or registration with the consent of the Contractor of the Trial access (for the period of validity of such access).

2.6 Access to the Service for receiving services is compensated (except for the cases of provision of Trial access) and is subject to payment under the terms of the selected Tariff for the entire period of use, regardless of whether the Customer used the provided access (the opportunity to use the services) or not.

2.7. The Customer undertakes to ensure the safety and security of the Customer's Account Data, not to communicate or disclose the said data to third parties, not to perform actions that may entail unauthorized access of third parties to its Account Data.

2.8. Any questions related to the operation of the Website, Personal Account and the Service should be addressed to the e-mail specified in the last section of this document.

2.9. The Customer shall independently provide support of stable working condition of the Customer's technical means by means of which he/she accesses his/her Personal Account, the Site and the Service, as well as the Customer's technical communication channels.

2.10. The Customer undertakes to comply with all requirements of the applicable legislation.

3. Procedure of Personal Data Processing

3.1 When entering the Website, registering a Personal Account and using the Service, the Customer and any authorized persons agree that the server automatically registers their IP address, tracks their actions on the Website, in the Personal Account and the Service.

3.2 Processing of users' personal data is carried out in accordance with the Personal Data Processing Policy posted on the Website.

3.3 The Customer and its users agree that the personal data, which became known to the Executor when entering the Site, registering a Personal Account, using the Service and (or) receiving services, are processed by the Executor for the purposes of providing services. Consent to the processing of personal data is valid from the date of acceptance of the terms of this document by the Customer and (or) the provision of personal data and until the achievement of the purposes of personal data processing, unless otherwise provided by law. The consent may be withdrawn by sending a written application to the Contractor.

3.4 The transfer of information to third parties is possible in a limited number of cases: to satisfy a judicial request, to execute a court order or to assist in legal proceedings, in the cases provided for by the current applicable legislation, as well as for the purposes of providing services and receiving payment, if necessary.

3.5 The following personal data may be processed for the following purposes:- Surname, first name, middle name, email address and cell phone number for the purposes of use in sending informational communications, as well as for personalization of advertising messages;- cookies in order to improve the user experience and the quality of the Site, Personal Account, Service and services, as well as for the purpose of sending information and personalizing promotional messages.

4. Terms of Payment

4.1 The Customer may be granted Trial Access for the purpose of testing the services provided and making a decision on further use on a paid basis. Trial access shall be provided to the Customer if he/she has not previously purchased/used the Site and has not previously been provided with Trial access.

4.2 The use of the functionality of the Site, Service and receipt of services is available to the Customer according to the following Tariffs*:

4.2.1 Virtual Studio Functionality and AI Models Functionality:

Subscription with payment on a monthly basis:

Trial	Lite	Pro	Ultra
0 $	10 $	29 $	100 $
20 jamcoins	500 jamcoins	5000 jamcoins	Unlimited Photos
AI Models	-	AI Models	AI Models
Virtual Studio	Virtual Studio	Virtual Studio	Virtual Studio
Background removal	Background removal	Background removal	Background removal
Unique presets	Unique presets	Unique presets	Unique presets
Scene constructor	Scene constructor	Scene constructor	Scene constructor
Custom style and theme generation	Custom style and theme generation	Custom style and theme generation	Custom style and theme generation
Resizing	Resizing	Resizing	Resizing
High quality export	High quality export	High quality export	High quality export
References	-	References	References
Сleanup (coming soon)	-	Сleanup (coming soon)	Сleanup (coming soon)
Recoloring (coming soon)	-	Recoloring (coming soon)	Recoloring (coming soon)
Infographics (coming soon)	-	Infographics (coming soon)	Infographics (coming soon)
-	-	-	Payment by invoice
Photo storage - 1 month	Photo storage - 6 months	Photo storage - 12 months	Photo storage - 24 months
Jamcoins reset period - 7 days	Jamcoins reset period - monthly	Jamcoins reset period - monthly	Jamcoins reset period - monthly

* The Contractor shall have the right, without separate notification of the Customer, to unilaterally amend the terms and conditions of the Tariffs at any time by posting new Tariffs on the Website.

4.1.1. "Virtual Studio" and "AI Model Studio" functionality:

Subscription with payment for 1 (one) calendar year:

 

Trial	Lite	Pro	Ultra
0 $	78 $/year	228 $/year	780 $/year
20 jamcoins/7 days	500 jamcoins/month	5000 jamcoins/month	Unlimited Photos
AI Models	-	AI Models	AI Models
Virtual Studio	Virtual Studio	Virtual Studio	Virtual Studio
Background removal	Background removal	Background removal	Background removal
Unique presets	Unique presets	Unique presets	Unique presets
Scene constructor	Scene constructor	Scene constructor	Scene constructor
Custom style and theme generation	Custom style and theme generation	Custom style and theme generation	Custom style and theme generation
Resizing	Resizing	Resizing	Resizing
High quality export	High quality export	High quality export	High quality export
References	-	References	References
Сleanup (coming soon)	-	Сleanup (coming soon)	Сleanup (coming soon)
Recoloring (coming soon)	-	Recoloring (coming soon)	Recoloring (coming soon)
Infographics (coming soon)	-	Infographics (coming soon)	Infographics (coming soon)
-	-	-	Payment by invoice
Photo storage - 1 month	Photo storage - 6 months	Photo storage - 12 months	Photo storage - 24 months
Jamcoins reset period - 7 days	Jamcoins reset period - monthly	Jamcoins reset period - monthly	Jamcoins reset period - monthly

* The Contractor shall have the right, without separate notification of the Customer, to unilaterally amend the terms and conditions of the Tariffs at any time by posting new Tariffs on the Website.

4.2.3 For the "Virtual Studio" functionality 1 photo generation = 1 jamcoin, namely 1 (one) jamcoin is debited for generation of 1 (one) photo.

4.2.4 For the "AI Models" functionality 1 photo generation = 20 jamcoins, namely 20 (twenty) jamcoins are debited to generate 1 (one) photo.

4.2.5 The Parties proceed from the understanding that " jamcoin" for the purposes of the Agreement means conditional points accepted solely for the convenience of calculating the cost of the services specified in the Tariffs.

4.3 Payment shall be made on the terms of 100% prepayment. The moment of payment is considered to be the moment of crediting the funds in full amount according to the Tariff and/or the invoice issued by the Contractor, to the settlement account of the Contractor.

4.4 In case the Customer refuses to use the functionality of the Service until the limit of the Tariff is exhausted, recalculation of the cost is not made, as the Tariff is a minimum fixed fee and is considered to be provided in full from the moment of payment (in case of prepayment) or the first generation of graphic materials within the Tariff (if such an opportunity is provided).

4.5 Payments shall be made in non-cash form on the basis of invoices issued by the Customer by transferring funds to the Contractor's settlement account specified in the invoice or on the Contractor's website by methods that do not require invoicing. Responsibility for the correctness of payments made by the Customer is assigned to the Customer.

4.6 In case of an error of automatic debiting for renewal of the Subscription for the next period or non-payment of the issued invoice before the end of the current period and the beginning of the next one, access to the Service and provision of services shall be terminated, generation of Images shall become unavailable. Upon receipt of payment for the next period, the term of the Subscription shall not be changed, and the days during which access to the Service was blocked shall not be transferred to the new period and shall not be compensated in any other way.

4.7 The Internet payment service via bank card is performed in accordance with the Rules of Visa, MasterCard international payment systems, MIR and other payment systems on the principles of confidentiality and security of payment. Bank card data entry is performed on the secure payment page.

4.8. For questions related to payment for services, as well as for other questions related to the operation of the Website, Personal Account and (or) the Service, the Customer should contact by e-mail specified in the final section of this document.

4.9 The Customer may switch from one Tariff to another upon agreement with the Executor and subject to additional payment of the difference in the cost of services (if applicable).

4.10. The Customer can cancel the subscription by himself/herself by going to the Personal Account settings on the Website and clicking the "Cancel Subscription" button. In this case, the previously made payment is not recalculated and is not refunded in cases where the Customer has refused to receive services during the paid period.

4.11. If the Customer, for reasons beyond the control of the Contractor, did not use the services and did not notify the Contractor of his/her desire to refuse the services or notified the Contractor after the services were rendered, the services shall be deemed to have been rendered properly.

5. Intellectual Property

5.1. The Rightholder of exclusive rights to the Site, Service and any results of intellectual activity placed on them by the Contractor. The Executor does not transfer to the Customer the exclusive rights in respect of services, software or any results of intellectual activity, including any licenses, alienation, assignment or waiver of rights, as well as in respect of other materials that are the subject of intellectual property rights of the Executor or third parties not mentioned herein.

5.2 The Customer retains the rights to any files/materials and content that the Customer publishes or displays on, through or by means of the Site, Personal Account, Service and is solely responsible for protecting these rights and respecting the rights of any third parties in doing so. The Customer is solely responsible for the content it creates and publishes on or off the Site, including being solely responsible for its legality, content and compliance with the rights of any third parties.

5.3 Trademarks, corporate identity, logo and other means of individualization of the Contractor may not be used without prior written consent of the Contractor.

6. Responsibility

6.1 Except for the warranties expressly provided herein, the Contractor makes no other express, implied or indirect warranties to the Customer.

The Services are provided on an "as is" basis. The Contractor does not warrant that all functionality of the Site, Personal Account and/or Service will meet the Customer's expectations and objectives or may be applicable for the Customer's specific purpose.

6.2 The Executor has the right to unilaterally refuse to perform the obligations under the Agreement in case of violations by the Customer and block the Customer's Personal Account with retention of the funds paid by the Customer as compensation, including in case of transfer by the Customer of access to the Customer's Personal Account to third parties, whose number exceeds the terms of the paid Tariff, as well as in case of violation by the Customer or its authorized persons of the terms hereof.

6.3 The Customer agrees that the Site, Personal Account, Service or their separate functions and applications may be temporarily unavailable for technical reasons (due to scheduled preventive maintenance, scheduled and unscheduled repairs, software upgrades, elimination of accidents and failures in the operation of equipment/software, Internet outages, etc.).

At that, temporary unavailability of the Website, Personal Account, Service, access blocking, full or partial suspension and termination of the Customer's service hereunder shall not entail extension of the period of use or reduction of the cost of services, as well as shall not be the basis for full or partial refund to the Customer of the money paid by him/her, reimbursement of losses or payment of any other sums.

6.4 The Executor neither directly nor indirectly guarantees to the Customer error-free and uninterrupted operation of the Website, Personal Account, Service or their separate functions and components.

6.5 The Contractor shall not bear any responsibility for the Images uploaded and (or) received by the Customer, their content, observance of the rights of third parties or any other circumstances related to the creation or use of Images, in particular, in case of uploading or generation of Images similar to the images of any physical persons or trademarks of third parties, the Contractor shall not bear any responsibility for such coincidences. In case of any claims against the Executor and (or) recovery from the Executor of any amounts (compensations, fines, etc.) in connection with the violation of the rights of any third parties in connection with the Images uploaded by the Customer and (or) generated by the Customer, the Customer undertakes to take all necessary measures to, respectively, settle such claims by its own forces and at its own expense and reimburse any amounts recovered from the Executor and losses caused to the Executor.

6.6 The Executor does not guarantee to the Customer that the Customer's use of the generated graphic materials will not infringe the intellectual rights of third parties. The Executor does not check the Customer's materials uploaded to the Site, in Personal Account and (or) when using the Service or generated when receiving services and is not responsible for their compliance with the current legislation, for violation of the rights and interests of third parties.

6.7 The Executor shall under no circumstances be liable for any direct or indirect damage incurred by the Customer / its users / third parties in connection with the use of the Website, Personal Account and (or) the Service and (or) generated Images, shall not compensate any losses incurred in connection with the use of the Website, Personal Account and (or) the Service and (or) generated Images.

6.8 The Executor is not responsible for the content and safety of files and other materials of the Customer, placed, generated while receiving services, using the Website, Personal Account and (or) Service. The Executor reserves the right to refuse to place files/materials for the Customer or to delete such files/materials without explaining the reasons in case of doubts that such files/materials are legitimate and (or) in case of suspicion that such files/materials violate the current legislation, rights and (or) legitimate interests of third parties. The Contractor is not obliged to check the Customer's files/materials for such violations.

6.9 The Parties shall be released from liability for non-fulfillment/undue fulfillment of obligations assumed hereunder, if such non-fulfillment/undue fulfillment was a result of force majeure.

7. Additional Provisions

7.1 This document comes into force from the moment of its publication on the Website and is valid until its withdrawal by the Contractor or replacement by a new version.

7.2 The Contractor reserves the right to amend the terms of this document and/or withdraw it at any time at its discretion. In case of changes in the provisions of this document, such changes shall come into force from the moment of publication on the Website, unless another term is additionally determined by the Contractor. The Customer undertakes to familiarize himself/herself with the official information posted on the Website regarding updates/changes, tariffs, etc. in a timely manner.

7.3 The Parties agree that in case of change of this document the Contract shall be deemed concluded and valid on the terms and conditions specified in the new document posted on the Website.

7.4 When the Customer pays for the next term (period) of services rendering, the contractual relations are automatically prolonged for this term.

7.5 The Customer has the right to unilaterally cancel the agreement and fulfillment of obligations at any time without notifying the Contractor and without giving any reasons by deleting his/her Personal Account. At the same time the Customer understands that deletion of Personal Account from the device does not entail automatic termination of debiting, the Customer should disconnect the subscription himself/herself. In case of termination of the Agreement, all subscriptions, purchases, materials and information linked to the Personal Account may be deleted by the Executor without the possibility of recovery. In case the Customer wants to exercise the right to delete his/her Account data on the Website, Personal Account and Service and the personal data related to them, the Customer has the right to address the Executor with a corresponding request.

7.6 The claim procedure of dispute resolution is mandatory. The term of consideration of the claim is 30 (thirty) calendar days from the date of receipt of the claim by the party-addressee. The claim may be sent: by registered mail with notice of receipt; by courier delivery with confirmation of delivery (confirmation of delivery is a receipt of receipt of the claim, containing the name of the document, date of receipt, surname, initials, position of the recipient, as well as his/her signature), by e-mail (with mandatory sending the original at the request of the party-addressee).

Novaco FZCO

License no. 29313

United Arab Emirates, Dubai

Dubai Silicon Oasis, DDP, Building A1

Email: support@photojam.ai