Condiciones de uso

1. Agreement & Acceptance

These Terms of Service ("Terms") form a legally binding agreement between you and MageXo s.r.o. ("MageXo", "we", "us", or "our"), a company registered in the Czech Republic. By accessing the PhotoneAI platform at photoneai.com, creating an account, or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service.

If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms.

For EU/UK consumers: These Terms do not affect your statutory consumer rights under applicable EU or UK consumer protection law. Where these Terms conflict with mandatory consumer protection provisions, those provisions shall prevail.

2. Definitions

The following terms have specific meanings when used throughout this document:

• Service — The PhotoneAI platform available at photoneai.com, including all associated features, tools, APIs, and related services.
• User / You — Any natural person or legal entity that accesses or uses the Service, whether as a registered user or guest.
• We / Us / MageXo — MageXo s.r.o., IČ 24771406, with its registered address at Prosecká 855/68, 190 00 Praha 9, Czech Republic.
• Account — A registered user account on the Service, created with a verified email address.
• Style — A reusable photography template containing visual parameters such as mood, lighting, color palette, composition notes, target audience, and reference images.
• Scene — A visual configuration within a Style that defines specific attributes such as mood, lighting, background, and emotional target for image generation.
• Job / Generation — A single image generation request submitted to the Service, which produces one or more AI-generated images.
• Credits — The virtual currency used within the Service to pay for image generations and scene creation.
• Generated Images — AI-produced lifestyle product photos created by the Service based on your inputs.
• Product Data — Product URLs, images, descriptions, and attributes that you provide to the Service.
• Shop Analysis — An AI-powered analysis of an e-commerce website that you submit to the Service for brand identity extraction and photography recommendations.

3. Eligibility & Account Registration

Age Requirements

• EU/EEA users: You must be at least 16 years of age to use the Service.
• All other jurisdictions: You must be at least 13 years of age to use the Service, or the minimum age required by the laws of your jurisdiction, whichever is greater.

Account Rules

• Each natural person or legal entity may maintain only one Account.
• Email verification is required to access the full features of the Service, including the signup credit bonus.
• You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account.
• You must provide accurate, current, and complete information during registration and keep your Account information up to date.
• You must notify us immediately at info@photoneai.com if you suspect unauthorized access to your Account.

Account Suspension & Termination

We reserve the right to suspend, restrict, or terminate any Account that we reasonably believe violates these Terms, the Acceptable Use Policy, or applicable law. See Section 18 for details on termination.

4. Service Description

PhotoneAI is an AI-powered product photography platform that enables users to create professional lifestyle marketing photos from their product images and URLs. The Service provides the following core functionality:

• Image Generation — Produces AI-generated lifestyle product photos from your product images and URLs, applying your chosen Style and Scene parameters.
• Style Creation — Creates reusable photography Styles derived from reference images you upload, URLs you provide, or pre-built templates.
• Scene Management — Manages visual Scenes within Styles for consistent, on-brand product photography across your catalog.
• Shop Analysis — Analyzes e-commerce websites that you submit to extract brand identity, visual language, and photography recommendations.
• Delivery — Delivers Generated Images via your dashboard and optional email notifications.

The Service uses third-party AI models (including Google Gemini) for image generation, prompt creation, and content analysis. The quality, style, and characteristics of AI output may change as underlying models are updated.

5. Guest Access

Unregistered visitors may try the Service with limited functionality:

• Guest users may generate up to 3 free images per guest session — no account or credits required.
• These free generations are provided at 1K resolution and are intended to let you evaluate the Service before signing up.
• Guest sessions are anonymous and expire after 30 days of inactivity.
• Guest generations are subject to per-domain rate limits to prevent abuse.
• Account features such as Styles, Scenes, and generation history are not available to guest users.
• If you create an Account after using the Service as a guest, your prior guest generations are transferred to your new Account where technically possible.

Guest access is provided at our discretion and may be modified or discontinued at any time.

6. Subscription Plans & Credits

Free Tier

• 12 signup bonus credits after email verification (equivalent to 6 photos at 1K resolution, or 4 photos at 2K resolution).
• 3 free Scenes during onboarding.
• No recurring monthly credit allocation.

Paid Plans (Monthly Subscription)

Plan credit allocations, features, and limits are described on our pricing page and may be updated from time to time in accordance with Section 7.

Credit Costs

Credit Rules

• Credits are non-transferable between Accounts.
• Monthly subscription credits are allocated on your billing date and do not roll over to the next billing period. Unused monthly credits expire at the end of your current billing period.
• One-time credit pack purchases do not expire while your Account remains active.
• Credits cannot be exchanged for cash or refunded, except as required by applicable law (see Section 8).
• If a Generation fails due to a system error on our side, the credits consumed by that Generation are automatically refunded to your Account.
• We reserve the right to adjust credit costs with 30 days' advance notice. Any changes apply prospectively and do not affect credits already purchased.

7. Payments & Billing

• All payments are processed securely by Stripe, Inc. By subscribing to a paid plan or purchasing credits, you also agree to Stripe's Terms of Service.
• Subscriptions automatically renew monthly on your billing date unless cancelled before the renewal date.
• Prices are displayed in your local currency where possible for convenience; billing is processed in EUR (Euro).
• VAT and applicable taxes may apply depending on your jurisdiction and are calculated and added at checkout in accordance with applicable law.
• You can cancel your subscription at any time via your Account Settings or the Stripe customer portal. Cancellation takes effect at the end of your current billing period — you retain full access to your plan features and remaining credits until then.
• We reserve the right to change pricing with at least 30 days' advance notice communicated via email or in-app notification. Price changes apply to new billing periods after the notice period. Your existing subscription is honored at the current price until your next renewal after the notice period.
• If a payment fails, we may retry the charge and/or suspend your Account until the payment issue is resolved.

8. EU/UK Consumer Rights

EU/EEA Consumers

Under the EU Consumer Rights Directive (2011/83/EU), if you are a consumer residing in the EU or EEA, you have a 14-day right of withdrawal from the date of purchase of a subscription or credit pack, without giving any reason.

However, by initiating an image generation or scene creation (i.e., by using credits), you expressly consent to the immediate performance of the digital content service and acknowledge that you lose your right of withdrawal for those consumed credits. This is in accordance with Article 16(m) of the Directive.

Unused credits on a subscription that have not been consumed remain eligible for the withdrawal right within the 14-day period.

To exercise your right of withdrawal, contact us at info@photoneai.com with a clear statement of your decision. We will process eligible refunds within 14 days using the same payment method used for the original transaction.

UK Consumers

Under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, equivalent withdrawal rights apply. You have a 14-day cancellation period from the date of purchase. Once you expressly consent to the immediate performance of the digital content service and begin consuming credits, the right of cancellation is lost for those consumed credits.

Statutory Rights

Nothing in these Terms excludes or limits your statutory consumer rights under applicable EU or UK law, including rights related to faulty or misdescribed digital content under the EU Digital Content Directive (2019/770) or the UK Consumer Rights Act 2015.

9. Content Ownership & Licensing

Your Content

• You retain full ownership of all product images, URLs, product descriptions, and other Product Data that you upload or provide to the Service.
• You retain ownership of the Styles and Scenes that you create within the Service.
• You own the Generated Images produced by the Service from your inputs. MageXo grants you a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display your Generated Images for any lawful commercial or personal purpose.

Our Content

• Template Styles and template Scenes provided by PhotoneAI are owned by MageXo and licensed to you for use exclusively within the Service.
• The PhotoneAI brand, logos, website design, user interface, software, and all related intellectual property are owned by MageXo s.r.o. or its licensors.

License You Grant Us

• By uploading or providing content to the Service, you grant MageXo a limited, non-exclusive, worldwide license to process, store, transmit, and display your content solely for the purpose of providing and improving the Service.
• This license terminates when you delete your content or your Account, subject to any applicable retention periods described in our Privacy Policy.
• We may use anonymous, aggregated usage data (which does not include your content or personal data) for service improvement, analytics, and statistical purposes.

Important Limitations

• Generated Images are created by artificial intelligence and may not be eligible for copyright protection in all jurisdictions. The legal status of AI-generated content varies by country. You use Generated Images at your own discretion and risk.
• We do not guarantee that Generated Images are free from resemblance to existing copyrighted works, trademarks, trade dress, or depictions of real persons.
• You are solely responsible for reviewing all Generated Images before any commercial use and for ensuring that your use complies with applicable laws, regulations, and third-party intellectual property rights.

10. AI-Generated Content Disclaimer

The Service uses artificial intelligence models (including Google Gemini) to generate images. You acknowledge and agree that:

• Generated Images are produced by AI and are not photographs of real physical scenes, products, or locations.
• AI output may contain visual artifacts, inaccuracies, distortions, or inconsistencies that may not be immediately apparent.
• We do not guarantee photorealistic quality, color accuracy, brand consistency, or fitness for any particular commercial purpose.
• Results may vary between generations, even when identical inputs, Styles, and Scenes are used.
• AI models are updated by their providers from time to time, which may affect the style, quality, or characteristics of output.
• MageXo is not liable for any commercial loss, reputational damage, or other harm arising from the use or publication of AI-generated images.
• You should carefully review all Generated Images before publishing, printing, or using them in marketing materials, advertisements, or any public-facing context.

11. Web Scraping & Shop Analysis

The Shop Analysis feature enables you to submit e-commerce website URLs for automated analysis of brand identity, visual language, and product information.

Your Warranty

By submitting a URL for Shop Analysis, you represent and warrant that:

• You have the right or authorization to analyze the submitted website (e.g., you own the website, operate it, or have been authorized by its owner).
• You will comply with the target website's terms of service and any applicable robots.txt directives.
• You will not use analysis results in a way that infringes on third-party intellectual property rights, trade secrets, or confidential information.

Data Processing

• MageXo processes scraped data on your behalf in order to deliver the Shop Analysis feature. For the purposes of data protection law, you are the data controller for any personal data contained in the scraped content, and MageXo acts as a data processor.
• Analysis reports may be accessed via your dashboard and may be shared via a unique link. You are responsible for managing access to shared reports and ensuring that sharing is appropriate.

Limitations

• We are not liable for the accuracy, completeness, or timeliness of scraped data, as third-party websites may change their content, structure, or access restrictions at any time.
• Some websites may block or restrict automated access. We do not guarantee that every submitted URL can be successfully analyzed.

12. Acceptable Use Policy

You agree to use the Service in a lawful and respectful manner. Specifically, you agree NOT to:

• Use the Service to generate images depicting illegal products, controlled substances, weapons, explosives, or counterfeit goods.
• Generate content that is sexually explicit, pornographic, depicting minors, excessively violent, hateful, or discriminatory based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin.
• Upload malware, viruses, or other malicious code, or attempt to exploit security vulnerabilities in the Service or its infrastructure.
• Attempt to circumvent rate limits, credit systems, access controls, or any other technical restrictions of the Service.
• Use automated tools (bots, scrapers, or crawlers) to access the Service beyond the features explicitly provided (such as the Shop Analysis feature).
• Resell, sublicense, or white-label the Service or any part of it without our prior written consent.
• Submit URLs designed to exploit server-side request forgery (SSRF) vulnerabilities or to access internal networks, private IP ranges, or non-public resources.
• Impersonate other users, MageXo staff, or any third party, or misrepresent your identity or affiliation.
• Use the Service in any way that violates applicable laws or regulations, including export control laws, sanctions, and anti-money laundering regulations.
• Engage in any activity that disrupts, degrades, or interferes with the Service or its infrastructure, or that creates an unreasonable burden on our systems.

Enforcement: We reserve the right to investigate suspected violations, and to suspend or terminate your Account for violations of this Acceptable Use Policy, without prior notice and without refund of unused credits, to the extent permitted by applicable law.

13. Data & Privacy

Your privacy is important to us. Our collection, use, storage, and protection of your personal data is governed by our Privacy Policy, which forms part of these Terms.

Key points:

• We process your personal data in accordance with the EU General Data Protection Regulation (GDPR) and other applicable data protection laws.
• Product Data and Generated Images are stored in accordance with the retention periods described in our Privacy Policy.
• Our Data Processing Agreement is available for business customers who require one under GDPR Article 28.

By using the Service, you acknowledge that you have read and understood our Privacy Policy.

14. Intellectual Property

• The PhotoneAI Service, including its software, source code, algorithms, user interface, design, documentation, and all related materials, is the intellectual property of MageXo s.r.o. and is protected by copyright, trademark, and other intellectual property laws.
• You may not copy, modify, decompile, reverse-engineer, disassemble, or create derivative works of our software or any part of the Service, except to the extent permitted by applicable law.
• The trademarks "PhotoneAI" and "Photone", along with associated logos and brand elements, are the property of MageXo s.r.o. and may not be used without our prior written consent.
• All third-party trademarks, logos, and content displayed within or referenced by the Service belong to their respective owners and are used for identification purposes only.

15. Service Availability

• We strive to provide a reliable and continuously available Service, but we do not guarantee 100% uptime or uninterrupted access.
• We may perform scheduled maintenance from time to time, and will provide reasonable advance notice where possible via in-app notification or email.
• We reserve the right to modify, update, suspend, or discontinue features of the Service at any time, with reasonable notice for material changes.
• We are not liable for service interruptions, delays, or failures caused by factors beyond our reasonable control, including but not limited to: natural disasters, power outages, internet connectivity issues, third-party service failures, cyberattacks, government actions, or other force majeure events.
• Image generation times may vary based on system demand, AI model processing capacity, and the complexity of your request. Estimated generation times are provided for convenience and are not guaranteed.

16. Limitation of Liability

General Limitation

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you for all claims arising from or related to these Terms or the Service shall not exceed the total amount you paid to MageXo in the 12 months immediately preceding the event giving rise to the claim.
• In no event shall MageXo be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, regardless of the cause of action or the theory of liability, even if we have been advised of the possibility of such damages.
• Without limiting the foregoing, we are not liable for: loss of profits, revenue, data, business opportunities, or goodwill; AI output quality, accuracy, or fitness for any particular purpose; changes to third-party websites affecting Shop Analysis results; generation failures, delays, or queue times; content created, uploaded, or published by users.

EU/UK Consumer Protection

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Defective digital content to the extent required by the EU Digital Content Directive (2019/770) or the UK Consumer Rights Act 2015.
• Any other liability that cannot be excluded or limited under applicable mandatory consumer protection law.

Your statutory consumer rights under EU or UK law are not affected by these Terms.

17. Indemnification

You agree to indemnify, defend, and hold harmless MageXo s.r.o., its directors, officers, employees, contractors, and agents from and against any claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

• Content you upload, provide, or publish through the Service.
• URLs you submit for scraping, Shop Analysis, or any other feature.
• Your violation of these Terms, including the Acceptable Use Policy.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or the terms of service of analyzed websites.
• Your use, distribution, or publication of Generated Images.
• Any third-party claim resulting from your use of the Service.

EU/UK Consumers: This indemnification obligation does not apply to EU/EEA or UK consumers to the extent that it is prohibited or restricted by mandatory consumer protection law in your jurisdiction.

18. Termination

Termination by You

• You may cancel your subscription at any time via your Account Settings or the Stripe customer portal. Cancellation takes effect at the end of your current billing period.
• You may delete your Account at any time via Settings. Account deletion is permanent and cannot be undone.

Termination by Us

We may suspend or terminate your Account if:

• You materially violate these Terms or the Acceptable Use Policy.
• Your Account has been inactive for more than 12 months (we will provide at least 30 days' prior notice before termination for inactivity).
• Termination is required by law, court order, or legal process.
• Continued provision of the Service to you would expose MageXo to legal liability or risk.

Effect of Termination

Upon termination of your Account:

• Your subscription is cancelled and no further charges will be processed.
• Your profile, Styles, Scenes, and Shop Analyses are permanently deleted.
• Generated Images and job data are deleted in accordance with their standard 30-day retention window (or sooner upon your request).
• Credit transaction records are retained for 7 years as required by Czech accounting law (Act No. 563/1991 Coll.).
• Any unused credits are forfeited, except where a refund is required by applicable law (see Section 8).
• Provisions of these Terms that by their nature should survive termination (including Sections 9, 10, 14, 16, 17, and 19) shall survive.

19. Governing Law & Dispute Resolution

EU/EEA Users

These Terms are governed by and construed in accordance with the laws of the Czech Republic. Any disputes arising from or in connection with these Terms shall be submitted to the competent courts of Prague, Czech Republic.

If you are a consumer habitually resident in the EU/EEA, this choice of law and jurisdiction does not deprive you of the protection afforded by the mandatory consumer protection provisions of the law of your country of habitual residence, and does not affect your right to bring proceedings in the courts of your country of residence.

EU Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution (ODR) platform for consumers at:

https://ec.europa.eu/consumers/odr

Our contact email for ODR purposes: info@photoneai.com

We are not obligated to participate in dispute resolution proceedings before a consumer arbitration body, but will consider doing so on a case-by-case basis.

UK Users

These Terms are governed by the laws of England and Wales. Disputes shall be submitted to the courts of England and Wales, without prejudice to your statutory rights as a consumer to bring proceedings in the courts of your domicile.

International Users

These Terms are governed by the laws of the Czech Republic, without regard to its conflict of law principles. Any disputes shall be resolved exclusively in the competent courts of Prague, Czech Republic.

20. General Provisions

• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All remaining provisions shall continue in full force and effect.
• Entire Agreement: These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and MageXo regarding your use of the Service and supersede all prior agreements, understandings, and communications on the subject matter.
• Assignment: MageXo may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
• Waiver: Our failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of our right to enforce it in the future.
• Amendments: We may update or modify these Terms from time to time. We will provide at least 30 days' advance notice of material changes via email to your registered address and/or in-app notification. Changes to non-material provisions (such as clarifications or formatting) may take effect immediately. Your continued use of the Service after the notice period constitutes acceptance of the updated Terms. If you do not agree with the changes, you may terminate your Account before the changes take effect.
• Notices: All notices from MageXo to you will be sent to the email address associated with your Account. Notices from you to MageXo should be sent to info@photoneai.com.
• Language: These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency.
• No Third-Party Beneficiaries: These Terms do not create any rights for any third party. Only you and MageXo may enforce these Terms.

21. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

MageXo s.r.o. Prosecká 855/68 190 00 Praha 9 Czech Republic

IČ: 24771406

Email: info@photoneai.com Phone: +420 739 698 038