Terms of Service for enhance-photo.com

Last Updated: April 03, 2025

These Terms of Service ("Terms") govern your access to and use of the services, features, content, and applications offered by enhance-photo.com ("we," "us," or "our") at enhance-photo.com (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By accessing and using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, including our Privacy Policy (available at ). These Terms constitute a legally binding agreement between you and enhance-photo.com.

2. Description of Service

enhance-photo.com provides an AI-powered tool that allows users to restore and enhance old photographs. The Service includes features such as:

  • Image Improvement: Utilizing AI to enhance the quality of uploaded images.
  • Gallery: A personal gallery where users can securely store their uploaded and processed images. This storage is managed via Supabase.
  • Profile: A user account management section.

3. User Accounts

To access certain features of the Service, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4. User Content

a. Uploaded Images: The Service allows users to upload images for enhancement and storage. You are solely responsible for the images you upload to the Service. You represent and warrant that you have all necessary rights to upload and use your images and that your images comply with these Terms.

b. Free Quota: Users are provided with a free quota that allows the upload of up to fifteen (15) images for saved cloud storage and free optimization runs. Once this free quota is reached, additional uploads and optimization runs may be limited.

c. Quota Increases and Additional Features: Increases to the free quota and access to additional features, such as image processing model options, are available through:

  • Beta functionalities (on a voluntary basis or through public release).
  • Paid plans.

d. SFW Usage: The Service is intended for SFW (Safe For Work) usage only. You agree not to upload or process any images that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

e. Inclusivity: We are committed to promoting inclusivity through our platform and support the principles of open source.

5. Paid Plans and Pricing

Information regarding paid plans, including quotas and features, and their associated pricing is available at . By subscribing to a paid plan, you agree to pay the applicable fees as described on the pricing page. Payments are processed via Stripe.

6. Acceptable Use

By using the Service, you agree to:

  • Comply with all applicable laws and regulations.
  • Use the Service only for lawful purposes.
  • Not engage in any activity that could disrupt, damage, or interfere with the operation of the Service or the experience of other users.
  • Not attempt to gain unauthorized access to any part of the Service, user accounts, or our systems.
  • Not use the Service to transmit any viruses, malware, or other harmful code.
  • Respect the intellectual property rights of others and enhance-photo.com.

7. Intellectual Property

a. User Content: You retain ownership of the images you upload to the Service. By uploading images, you grant us a non-exclusive, worldwide, royalty-free license to access, use, process, display, and store your images solely for the purpose of providing the Service to you.

b. Service Content: All content and materials included on the Service, such as the design, software, text, graphics, logos, and trademarks, are owned by or licensed to enhance-photo.com and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or otherwise use any of our content without our prior written consent.

8. Third-Party Services

Our Service relies on third-party providers for various functionalities, including:

  • Cloud Infrastructure: Cloudflare for website hosting and security.
  • Backend Services: Supabase for authentication, database services, and photo storage.
  • Payment Processing: Stripe for processing payments for paid plans.
  • AI Services: Replicate (or other providers) for AI-powered image enhancement.

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the performance or security of these third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENHANCE-PHOTO.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

11. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, and without prior notice. Reasons for termination may include, but are not limited to, your breach of these Terms, violation of our SFW usage policy, or engagement in any activity that we deem harmful to the Service or other users. You may also terminate your account at any time. Upon termination, your right to use the Service will immediately cease.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Hamburg, Germany.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically for any updates or changes.

14. Contact Us

If you have any questions or concerns about these Terms or the Service, please contact us at:

privacy@enhance-photo.com

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and enhance-photo.com regarding your use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.