Business & API Terms

PhotoRescue (photo-rescue.com) is provided by Jorge Saez, an individual based in Rio de Janeiro, Brazil ("PhotoRescue", "we", "us"). Contact: support@photo-rescue.com. Postal address for legal notices: CEP 21920-455, Rio de Janeiro - RJ, Brazil.

These Business & API Terms (the "Business Terms") are a contract between us and the business that uses the Service ("Customer", "you"). They apply to every business use of the Service, including paid plans bought for a business, any order form, and the API. The person who accepts them confirms that they are authorised to bind the Customer.

Together with any Order Form, the Data Processing Agreement and the Acceptable Use Policy, they form the "Agreement". Our consumer terms of service do not apply to business use, except where these Business Terms refer to them.

You confirm that you enter into the Agreement as a business, for purposes related to your trade, business, craft or profession, and not as a consumer. To the extent the law allows, consumer-protection rules (such as statutory rights of withdrawal and consumer guarantees) therefore do not apply to the Agreement. If you are a consumer, the consumer terms of service apply instead.

Service: the PhotoRescue website, web app, models, API and related documentation, as we offer them from time to time.

Order Form: an order, quote or written plan description that we agree with you and that refers to these Business Terms. A plan you buy at checkout on the website counts as an Order Form for its plan, price and billing period.

Customer Content: the images and other files you or your Authorised Users submit to the Service ("Inputs") and the results the Service returns ("Outputs").

Authorised Users: your employees and contractors whom you allow to use the Service under your account.

API Key: a credential we issue that gives access to the API.

Fees: the amounts payable for the Service under the Order Form or the plan you selected.

Customer Personal Data: personal data in Customer Content that we process on your behalf, as defined in the DPA.

You are responsible for your account, your Authorised Users and everything done with your login details and API Keys, and for making sure that Authorised Users comply with the Agreement.

Keep API Keys secret. Do not embed them in public code, browser apps or mobile apps, and do not share them outside your organisation. Tell us at once if you believe a key or account has been compromised; you remain responsible for usage until you rotate the key or tell us.

We may revoke or rotate an API Key that has been exposed or misused, and we will tell you when we do.

Your plan or Order Form sets your credits, file-size and resolution limits, and any batch or API rate limits. The limits published on the website or in the documentation apply unless the Order Form says otherwise.

We may apply technical limits (such as rate limits, concurrency limits or queueing) to protect the Service and other customers. Use that would degrade the Service for others, or that is clearly beyond normal use of your plan, may be throttled; where it continues, we will contact you to agree a suitable plan.

Unused credits expire at the end of each period and have no cash value, unless the Order Form says otherwise.

Fees are in US dollars and are payable in advance for each billing period, unless the Order Form says otherwise. Card and online payments are processed by Stripe or by a reseller under section 6. Where we agree to invoice you, invoices are payable within 14 days.

Plans renew automatically for successive periods of the same length until cancelled. You may cancel at any time; cancellation takes effect at the end of the current period. Fees are non-refundable and there are no refunds or credits for partial periods or unused credits, except where these Business Terms say otherwise or the law requires it.

Fees exclude taxes. You pay all sales, use, value added, goods and services and similar taxes on the Fees, other than taxes on our income. Where required, taxes are added at checkout or on the invoice. If you are a business registered for VAT or GST, give us your valid tax ID; where the reverse-charge mechanism applies, you account for the tax yourself and we do not charge it. If you must withhold tax from a payment, you pay the extra amount needed so that we receive the full Fees, unless the law prevents it.

We may change prices or plans with at least 30 days' notice. Changes apply from your next renewal; if you do not agree, cancel before it.

If a payment is overdue, we may suspend the Service after giving you at least 7 days' notice by email, and end the Agreement if the payment is still overdue 30 days after the notice. Suspension does not stop Fees from being due.

If you think a charge is wrong, tell us within 60 days of the charge. Please contact us before starting a chargeback.

We may sell the Service through a reseller or merchant of record (for example Paddle or Lemon Squeezy). In that case the reseller sells you the subscription, charges you, issues the invoice and handles sales taxes under its own buyer terms, and these Business Terms continue to govern your use of the Service. Where the reseller's buyer terms and these Business Terms conflict on payment, invoicing, taxes or refunds, the reseller's terms apply to those topics.

You own your Customer Content. As between you and us, you keep all rights in your Inputs and you own the Outputs. We assign to you any rights we may have in the Outputs.

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service for you, and to comply with the law. This licence ends when the Customer Content is deleted.

No training on your data. We do not use Customer Content to train, fine-tune or evaluate AI models, and we do not sell it or share it with third parties except the sub-processors that help us provide the Service.

Inputs and Outputs are deleted automatically within 24 hours. Job metadata (such as file names, tool, time, status and credits) is kept for 30 days, and billing records as described in the DPA. We have no obligation to store Customer Content. We are not a storage service and do not keep backups of your files; you must keep your own copies of Inputs and download the Outputs you need, and to the extent permitted by law we are not liable for the loss of Customer Content.

We do not look at Customer Content, except where you ask us to for support, where needed to investigate a specific security incident or a credible report of a breach of the Acceptable Use Policy, or where the law requires it.

Where Customer Content contains personal data, the Data Processing Agreement applies and forms part of the Agreement without needing a signature.

You confirm that you have all rights, licences, consents and legal bases needed to submit Customer Content and to have it processed through the Service, including the consent of people shown where the law requires it, and that you have given the people concerned any notices the law requires.

You must comply with the Acceptable Use Policy and with all laws that apply to your use of the Service, including privacy, consumer, export control and sanctions laws.

You must not submit special categories of personal data (such as health data or biometric data used to identify people) or other sensitive or regulated data (such as protected health information or payment card data) unless it is strictly necessary and lawful, and then only as part of ordinary photos. You must not use the Service to identify people.

Outputs are produced by AI models and may contain AI-generated detail. They may differ from the original scene: they can smooth detail, add plausible fine texture, or alter text, faces, products and objects. You must review every Output before you use it, and you must not use Outputs for forensic, identification, evidentiary, medical, legal or safety-critical purposes.

You alone are responsible for how you use Outputs, including in product listings, real-estate, vehicle or other advertisements, marketplaces and marketing. You must make sure that edited or enlarged images are not misleading about the product, property or person shown and that they comply with advertising, consumer-protection and platform rules.

You are responsible for your own end users and customers, for what you promise them, and for any service you build on the API.

We and our licensors own the Service, including the models, software, website and documentation. Apart from the rights expressly granted in the Agreement, no rights are transferred to you.

You must not: copy, modify or create derivative works of the Service; reverse engineer, decompile or try to extract its models, weights or source code, except where the law allows it despite this restriction; use the Service or its Outputs to build or train a competing image-processing model or service; resell, sublicense or provide the Service to third parties as a standalone service, unless the Order Form allows it; or get around usage limits or security measures.

You may use the Service inside your own products and workflows and deliver Outputs to your own customers.

If you send us feedback or suggestions, we may use them freely without obligation to you.

Each party may receive non-public information from the other that is marked as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Customer Content is your Confidential Information. Non-public pricing, Order Forms and API details are ours.

The receiving party will use Confidential Information only to perform the Agreement, protect it with at least reasonable care, and disclose it only to people and sub-processors who need it for the Agreement and are bound by similar duties. These duties do not apply to information that is or becomes public without fault of the receiving party, was already lawfully known to it, is received lawfully from a third party, or is independently developed.

A party may disclose Confidential Information where the law or a court requires it, after notifying the other party where the law allows.

These duties last during the Agreement and for 3 years after it ends, and for as long as the information remains a trade secret.

No service level agreement and no service credits apply unless an Order Form signed by both parties expressly sets them. We use commercially reasonable efforts to keep the Service available, but it may be unavailable because of maintenance, failures, demand peaks, outages of third-party providers (such as GPU, hosting, storage, authentication or payment providers) or other events outside our control, and we do not guarantee any uptime, processing time or response time.

Support is provided by email at support@photo-rescue.com on a reasonable-efforts basis, without guaranteed response times unless an Order Form sets them.

We may change, improve, replace or retire models, features and API endpoints. For a change that would break an existing API integration, we will try to give at least 30 days' notice, unless the change is needed for security, legal compliance or to keep the Service running. If a change materially reduces the Service you paid for, you may end the affected plan and we will refund the prepaid Fees for the unused part of the period.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, THE API AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND UNINTERRUPTED OR ERROR-FREE OPERATION. YOU USE THE SERVICE AND OUTPUTS AT YOUR OWN RISK.

WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, FAITHFUL TO THE ORIGINAL, FREE OF ARTEFACTS OR SUITABLE FOR YOUR PURPOSE, OR THAT FILES WILL BE STORED OR REMAIN AVAILABLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, FOR ANY: (A) LOSS OF PROFITS, REVENUE, SALES OR BUSINESS; (B) LOSS OR CORRUPTION OF DATA OR FILES; (C) BUSINESS INTERRUPTION; (D) LOSS OF GOODWILL OR REPUTATIONAL HARM; (E) COST OF SUBSTITUTE GOODS OR SERVICES; OR (F) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER OR IN CONNECTION WITH THE AGREEMENT (INCLUDING THE DPA) FOR ALL CLAIMS TOGETHER IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICE IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM, OR USD 50 IF YOU PAID NOTHING.

We are not liable for failures or delays caused by third-party providers (such as GPU, hosting, storage, authentication or payment providers), by the internet or telecommunications networks, or by other events beyond our reasonable control.

Nothing in the Agreement limits or excludes liability that cannot be limited or excluded under the applicable law, such as liability for fraud or wilful misconduct.

These limits reflect the price of the Service and the allocation of risk between the parties, and are an essential basis of the bargain.

You will defend, indemnify and hold harmless the operator (and any successor or assignee under section 18) against all third-party claims, regulatory proceedings and investigations, and the resulting losses, damages, fines and penalties (where indemnifiable by law), settlements, costs and reasonable legal fees, arising from or related to:

(a) your Customer Content, including any claim that you lacked the rights, licences or consents of the people shown, or a lawful basis for any personal data it contains;

(b) your or your Authorised Users' use of the Service or of Outputs, including any claim that an Output used in a listing, advertisement or other material was misleading or breached advertising, consumer-protection or platform rules;

(c) your end users and customers, and any product or service you provide using the Service or the API;

(d) any use of your account or API Keys, including after they are exposed, until you tell us; and

(e) your breach of the Agreement or of the law.

We will notify you of the claim promptly, let you control the defence and settlement (a settlement that imposes obligations on us or admits fault on our behalf needs our consent), and cooperate reasonably at your expense. We may take part with our own counsel at our own cost.

We do not give you any indemnity, including for intellectual property claims. If the Service becomes, or in our opinion is likely to become, the subject of an infringement claim, we may modify the Service, obtain a licence, or end the affected Service and refund the prepaid Fees for the unused part of the period; this is your sole remedy for such claims.

The Agreement starts when you first accept these Business Terms or sign an Order Form and continues until all plans and Order Forms have ended.

Either party may end the Agreement or an Order Form by written notice if the other party materially breaches it and does not cure the breach within 30 days of notice. We may also end it with 30 days' notice for any reason; in that case we refund the prepaid Fees for the unused part of the period.

We may suspend the Service or any API Key immediately, in whole or in part, if we reasonably believe that your use breaches the Acceptable Use Policy or the law, creates a security risk, or could harm the Service, other customers or third parties, or if required by law. We will tell you of the suspension and lift it once the cause is resolved.

We may also suspend or end your access with immediate effect where continuing to provide the Service would expose us to legal or regulatory risk, or for non-payment as described in section 5.

When the Agreement ends, your access ends, any unpaid Fees become due, and remaining Customer Content and Customer Personal Data are deleted as described in the DPA. Sections that by their nature should survive (including 5 for amounts due, 7 to 10, 12 to 14 and 16 to 19) continue to apply.

The Agreement is governed by the laws of Brazil, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. The courts of the operator's domicile have exclusive jurisdiction, but either party may seek urgent injunctive relief in any competent court.

Before starting proceedings, the parties will try in good faith to resolve the dispute by email for at least 30 days.

Claims may be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, to the extent permitted by law. Either party may bring an individual claim in a small-claims court where it qualifies.

Any claim under the Agreement must be brought within one year after the claim arose, to the extent permitted by law.

If the documents of the Agreement conflict, this order applies: (1) the Order Form, but only for the plan, price, limits, term and any service levels it expressly sets; (2) the Data Processing Agreement, for the processing of personal data (and, within it, the standard contractual clauses it incorporates); (3) these Business Terms; (4) the Acceptable Use Policy; (5) the documentation.

Terms in your purchase orders, vendor forms or other documents do not apply, even if we accept or sign them, unless we expressly agree to them in an Order Form.

We may assign, transfer or novate the Agreement, in whole or in part, without your consent, to an affiliate, to a company that the operator incorporates or controls, to a successor of the Service or its business (including by merger or sale of assets), or to a reseller or merchant of record for the sale of the Service. We will tell you by email or in your account. The assignee takes over our rights and obligations from the date of the assignment.

You may not assign or transfer the Agreement without our written consent, except to a successor of your whole business that is not our competitor, with notice to us.

Notices. We send notices by email to the account owner's address or in the Service. You send notices to support@photo-rescue.com; notices about legal claims may also be sent to the postal address in section 1. Email notices are received when sent, unless a delivery failure is reported.

Changes. We may update these Business Terms. We will give at least 30 days' notice of a material change; it applies from your next renewal, unless it is needed for legal or security reasons or concerns new features. If you do not agree, you may cancel before it applies.

Independent parties. The parties are independent contractors. Nothing in the Agreement creates a partnership, agency or employment relationship, and there are no third-party beneficiaries.

Publicity. We will not use your name or logo, including in a customer list, without your written permission.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as outages of hosting or cloud providers, network failures, natural disasters or acts of government. This does not excuse payment obligations.

Compliance. You confirm that you are not subject to, and will not use the Service in breach of, export control or sanctions laws.

Entire agreement. The Agreement is the entire agreement between the parties about the Service and replaces all earlier discussions. If any provision is invalid or unenforceable, the rest remains in force and the provision is replaced by a valid one that comes closest to its purpose. A failure to enforce a right is not a waiver.

Language. The Agreement is written in English. Any translation is for convenience only; the English text governs.