Terms and Conditions

Last Updated: January 1, 2025

1. Agreement to Terms

By accessing or using PhotoToCartoon ("Service", "Platform", "Website"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.

PhotoToCartoon is operated by PhotoToCartoon Inc. ("we", "us", "our"). We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes.

2. Use of Service

2.1 Eligibility

You must be at least 13 years old to use this Service. By using PhotoToCartoon, you represent and warrant that you are at least 13 years of age. If you are under 18, you must have your parent or legal guardian's permission to use the Service.

2.2 Account Registration

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your password and account
  • Promptly update your account information if it changes
  • Accept all responsibility for activities that occur under your account
  • Notify us immediately of any unauthorized access or security breach

2.3 Prohibited Uses

You agree not to use the Service to:

  • Upload or transform images that violate any laws or third-party rights
  • Upload content containing nudity, violence, hate speech, or illegal activities
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use automated systems (bots, scrapers) to access the Service without permission
  • Reverse engineer, decompile, or attempt to extract source code from the Service
  • Upload malware, viruses, or any malicious code
  • Use the Service for any commercial purpose without a valid commercial license

3. Subscription Plans and Payments

3.1 Pricing

PhotoToCartoon offers various subscription plans (Free, Premium, Pro Plus). Pricing details are available on our pricing page. We reserve the right to modify our pricing at any time with 30 days' notice to existing subscribers.

3.2 Billing and Renewal

Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal.

3.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to paid features until the end of the billing period. No refunds will be provided for partial subscription periods.

3.4 Free Trial

We may offer free trials for new subscribers. At the end of the trial period, your account will automatically be charged for the subscription plan you selected unless you cancel before the trial ends. Free trial offers are limited to one per user.

4. Intellectual Property Rights

4.1 Your Content

You retain all ownership rights to images you upload ("Your Content"). By uploading content to PhotoToCartoon, you grant us a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Content solely for the purpose of providing and improving the Service.

4.2 Generated Output

You own the transformed images generated by our AI ("Output"). However, you acknowledge that similar outputs may be generated for other users using similar inputs. For commercial use of Output, you must have an active Premium or Pro Plus subscription.

4.3 Our Intellectual Property

The Service, including its design, features, technology, and AI models, is owned by PhotoToCartoon and protected by intellectual property laws. You may not copy, modify, distribute, sell, or exploit any part of the Service without our written permission.

5. Content Guidelines and Moderation

We reserve the right to review, monitor, and remove any content that violates these Terms or is otherwise objectionable. We may suspend or terminate accounts that repeatedly violate our content guidelines. Content that depicts or promotes illegal activities, violence, harassment, or hate speech will be immediately removed.

6. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using PhotoToCartoon, you consent to our data practices as described in the Privacy Policy.

We implement industry-standard security measures to protect your data. However, no method of transmission over the internet is 100% secure. You acknowledge that you provide information at your own risk.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or quality of AI-generated outputs
  • Warranties that defects will be corrected

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOTOCARTOON SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages resulting from unauthorized access to your account or content
  • Damages resulting from errors in AI-generated outputs

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless PhotoToCartoon, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) any content you upload to the Service.

10. Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

  • Violates these Terms or our policies
  • Harms PhotoToCartoon, other users, or third parties
  • Exposes us to legal liability

Upon termination, your right to use the Service will immediately cease. We may delete your account and content. Termination does not relieve you of any obligations incurred prior to termination.

11. Dispute Resolution

11.1 Informal Resolution

If you have a dispute with PhotoToCartoon, you agree to first contact us at support@phototocartoon.app and attempt to resolve the dispute informally for at least 30 days.

11.2 Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English and take place in Delaware, USA.

11.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action lawsuit or class-wide arbitration against PhotoToCartoon.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware for any legal proceedings.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15. Contact Information

If you have any questions about these Terms, please contact us at:

PhotoToCartoon Inc.

Email: support@phototocartoon.app

Website: www.phototocartoon.app