Terms of Service
Effective Date: January 6, 2025
These Terms of Service (the "Terms") govern your access to and use of the Photelic application (the "App"), provided by Meridius Labs LLC ("we," "us," or "our"). By using the App, you agree to these Terms. If you do not agree to these Terms, you may not use the App.
1. Acceptance of Terms
By accessing or using the App, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the App.
2. Description of the Service
Photelic is an application that allows users to upload photographs and use our proprietary AI algorithms to generate professional-looking headshots. The service may include features, functionalities, or content that may be added or removed over time.
3. User Accounts
You may need to create an account to use some features of the App. You agree to:
- Provide accurate and complete information when creating your account.
- Keep your account information secure and confidential.
- Notify us immediately of any unauthorized use of your account.
- Be responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account if we have reason to believe you have violated these Terms.
4. User Conduct
You agree to use the App in a responsible and lawful manner. You must not:
- Use the App for any illegal or unauthorized purpose.
- Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Upload or transmit any content that infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the App or any servers or networks connected to the App.
- Attempt to gain unauthorized access to any part of the App or its systems.
- Use any robot, spider, scraper, or other automated means to access the App for any purpose.
5. Intellectual Property
Our Content: The App, including all content, software, graphics, designs, and other intellectual property rights, is owned by or licensed to Meridius Labs LLC and is protected by applicable copyright, trademark, and other intellectual property laws.
User Content: You retain all ownership rights to the original photographs you upload. By uploading photographs to the App, you grant us a temporary, non-exclusive license solely for the purpose of processing your images through our AI to generate headshots and providing those headshots back to you. We do not retain, use, store, or access your uploaded images or generated headshots except as described below. The uploaded and generated content are automatically deleted from our servers within a reasonable timeframe after processing is complete.
Support Access: In the event that you contact our technical support, you may be asked to grant us temporary, controlled access to specific uploaded or generated images, only for the purpose of troubleshooting your specific issue. Once the support issue is resolved, we will remove the images from our secure systems.
Feedback: If you provide any feedback, suggestions, or ideas to us, you agree that we are free to use such feedback for any purpose, without any obligation to you.
6. Payment and Subscriptions
- Photelic may offer paid features, services, or subscriptions.
- All payments are processed by Apple or Google, depending on your operating system, and are subject to their terms and conditions.
- You agree to pay all applicable fees and charges associated with your purchase or subscription.
- We reserve the right to change our prices and subscription plans at any time.
- Subscription fees are non-refundable, except as required by applicable law.
7. Disclaimer of Warranties
THE APP AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MERIDIUS LABS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; OR (C) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE APP IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Meridius Labs LLC, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the App; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
10. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law principles.
11. Dispute Resolution
Any dispute arising out of or related to these Terms or the App shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association (or other mutually agreed-upon organization). The arbitration shall take place in the United States. You agree to waive your right to a jury trial.
12. Termination
We may terminate or suspend your access to the App at any time, with or without cause and with or without notice. Upon termination, all rights granted to you under these Terms will immediately cease.
13. Changes to These Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes by notifying you via email or in-app notification. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
14. General Provisions
- These Terms constitute the entire agreement between you and Meridius Labs LLC regarding the App and supersedes all prior agreements.
- If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
- Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- You may not assign these Terms or any of your rights or obligations hereunder, without our prior written consent.
15. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Photelic, Meridius Labs LLC
[email protected]