Last updated and effective date: 7 April 2025
PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT" OR "TERMS OF SERVICE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PHOTOBOOST.APP. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE PHOTO BOOST WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING PHOTOBOOST.APP) OR APPLICATIONS OFFERED FROM TIME TO TIME BY PHOTO BOOST IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE(S)"). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
"The Site" refers to the websites operated by Photo Boost, including but not limited to photoboost.app, as well as any associated applications, services, features, content, and functionalities offered by Photo Boost.
The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Photo Boost. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Photo Boost from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Photo Boost may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
By using Photo Boost, you agree that the Service is intended solely for the purpose of creating AI models of yourself or other individuals for whom you have obtained explicit written consent. You acknowledge and agree that when creating AI models of other individuals, you must have their express written consent to use their photos and to create, train, and generate AI-generated images of them.
By using Photo Boost to create an AI model, you confirm that you are creating a model of yourself and are over 18 years old (or the legal age in your country) and are not a politically exposed person, or you have obtained explicit written consent from any individual whose likeness you are using and confirm they are over 18 years old (or the legal age in their respective country, whichever is higher) and they are not a politically exposed person.
By using the Photo Boost app, you agree that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18 or the legal age in your country (whichever is higher), you are prohibited from using this app. It is your responsibility to ensure that you comply with your local laws regarding age restrictions for digital services.
Photo Boost's photo/video creation functionality is strictly for lawful and ethical purposes. By using the app, you agree NOT to create or distribute photos/videos that: 1) Impersonate real individuals without their explicit consent, 2) Engage in or promote scams, fraud, or other misleading activities, 3) Promote or sell illegal products, services, or content, 4)Engage in political campaigning, advocacy, or misinformation, 5) Produce deepfake content with the intent to deceive, defraud, or mislead others, 6) Create content that violates privacy or portrays individuals in a harmful or false light, 7) Distribute violent, hateful, or discriminatory content of any kind, 8) Create false photography or documents to breach people's accounts. You agree to only use the photo/video creation functionality for positive and lawful purposes, such as but not limited to: 1) Creating advertisements for legitimate products and services, 2) Marketing campaigns that promote legal and ethical businesses, 3) Explainer photos/videos or tutorials to educate viewers, 4) Educational content for personal or commercial use, 5) Any other purpose that complies with applicable laws and this TOS.
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiable false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.
You agree to not use the Service for the purpose of generating nudes or pornography.
By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate or share any photographs or content depicting minors (individuals under the age of 18). You further agree that, in compliance with applicable laws and regulations, we reserve the right to monitor and review any uploaded and generated content, and if we identify any content featuring minors, we will immediately remove such content and report any instances of potential child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your respective jurisdiction. By using our platform, you consent to such monitoring, review, and reporting, and you understand that you may be subject to legal repercussions if you violate these terms.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Photo Boost's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Photo Boost may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.
Photo Boost utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks held by others. We respect rights holders internationally, and we ask our users to do the same. If you believe your copyright or trademark is being infringed by the Service, please write to [email protected], and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
At its sole discretion, Photo Boost may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Photo Boost websites or Service or by emailing you. Photo Boost may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
All Photo Boost logos, marks and designations are trademarks or registered trademarks of Photo Boost. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Photo Boost.
Portions, features and/or functionality of Photo Boost's products may be protected under Photo Boost patent applications or patents.
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Photo Boost and by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, Photo Boost reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account, and you are responsible for any activity conducted on your account. A breach or violation of our Terms of Service may result in an immediate termination of your right to use our Service.
By using the Services, you grant to Photo Boost, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes Photo Boost to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by Photo Boost for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to Photo Boost survives termination of this Agreement by any party, for any reason.
You agree that Photo Boost provide you immediate access to digital content and begins service consumption immediately upon purchase, without the standard 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately. The subscription will be automatically renewed for the same period of time after the agreed term. If you do not wish to renew your subscription in the end of the term, you should cancel prior to the renewal date of your subscription.
Photo Boost offers a paid Service. You can sign up for a monthly or yearly subscription, that will automatically renew on a monthly or yearly basis. You can stop using the Service and cancel your subscription at any time through the website (click Billing). If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Photo Boost reserve the right to change its prices and offering (like credits or models) at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.
Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.
Photo Boost may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless Photo Boost, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Photo Boost reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Photo Boost in connection therewith.
IN NO EVENT SHALL PHOTO BOOST OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL PHOTO BOOST OR ITS OWNERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS APPLICATION.
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE PHOTO BOOST WEB APP AND ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Age Requirements
By accessing the Services, you confirm that you're at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.
Please ask your parent or guardian to read these terms with you. If you're a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you, and you're responsible for your teenager's activity on the Services. No assurances are made as to the suitability of the Assets for you.
The Terms of Service are the entire agreement between you and Photo Boost with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Photo Boost with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Photo Boost shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Photo Boost's reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with Photo Boost's prior written consent. Photo Boost may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
For questions regarding the Service, you can get in touch by emailing us at [email protected].
Our commitment to privacy and data protection is reflected in this Privacy Statement which describes how we collect and process "personal information" that identifies you, like your name or email address. Any other information besides this is "non-personal information." If we store personal information with non-personal information, we'll consider that combination to be personal information.
References to our "Services" at PHOTO BOOST (photoboost.app) in this statement include our website, apps, and other products and services. This statement applies to our Services that display or reference this Privacy Statement. Third-party services that we integrate with are governed under their own privacy policies.
We learn information about you when:
We use each category of personal information about you:
We share information about you:
Please note that some of our Services include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that data is governed by their privacy statements.
Finally, we may share non-personal information in accordance with applicable law.
We implement physical, business and technical security measures to safeguard your personal information. In the event of a security breach, we'll notify you so that you can take appropriate protective steps. We only keep your personal information for as long as is needed to do what we collected it for. After that, we destroy it unless required by law.
We retain personal data for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations. As part of our normal operations, your information may be stored in computers in other countries outside your home country. By giving us information, you consent to this kind of information transfer. Irrespective of where your information resides, we'll comply with applicable law and abide by our commitments herein. We don't want your personal information if you're under 13. Do not provide it to us. If your child is under 13, and you believe your child has provided us with their personal information, please contact us to have such information removed.
The following rights are granted under the European General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”). Photo Boost applies these rights to all users of our products, regardless of your location: The right to know what personal information is collected. The right to know if personal information is being shared, and to whom. The right to access your personal information. The right to exercise your privacy rights without being discriminated against.
EEA, UK, and Swiss Users: Our lawful bases for collecting and processing personal information under the GDPR include: Performing our contract with you and providing our services. Legitimate interests: we receive technical and interaction data of users, which may include IP addresses, to improve the security and reliability of our services and prevent abuse, and to understand where people learn about Photo Boost. Consent: where we ask for your consent to process your information, you can always withdraw this consent.
Under the GDPR, EEA, UK, and Swiss users have additional rights: The right to request correction or erasure of personal information. The right to object to processing your personal information. The right to transfer or receive a copy of the personal information in a usable and portable format, when any automated processing of personal data is based on your consent or a contract with you. The rights to withdraw your consent to processing, when the processing is based on your consent. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
California Users: Under the CCPA, California residents have additional rights: The right to request personal information about to be deleted, subject to several exceptions. The right to opt-out of the sale of personal information. Note that we do not "sell" personal information as defined by the CCPA and have not done so in the past 12 months. You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us. Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send it from the email address associated with your account or requiring you to provide information necessary to verify your account.
To exercise the rights described above or if you have a question or concern, please contact us at [email protected] and we will aim to address or resolve it. If we cannot, you have the right to lodge a complaint with your local data protection authority.
We may need to change this Privacy Statement and our notices from time to time. Any updates will be posted online with an effective date. Continued use of our services after the effective date of any changes constitutes acceptance of those changes.
You can get in touch by emailing us at: [email protected]