ProductCapture - Terms & Conditions

ProductCapture Terms & Conditions (Last update: 03 November 2024)

Welcome to ProductCapture! By signing up and using our service, you agree to comply with these terms.


Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ProductCapture ("we," "us," or "our"). By accessing or using our service, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using our service.

Service Description

ProductCapture is a service that generates product photos using artificial intelligence (AI) based on the images you provide. The quality of the generated photos depends on the number and quality of the images you submit. No guarantess can be made on the quality of the generated photos. You can send us an email at contact@productcapture.ai to know your remaining credits if they don't appear on your dashboard.

User Obligations

Users must:

Eligibility

By using our service, you represent that you are at least 18 years old or the legal age of majority in your jurisdiction. If you are using the service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Payment and Refund Policy

Users purchase photoshoots for each product they wish to have photographed. Variants such as different colors are considered different products and require separate photoshoots. Each product photoshoot includes 5 photos generated by AI. Packaging photoshoots include 3 photos generated by AI. Our service can combine AI generation with human design, editing and post-generation processing on different software tools to get better results.

Due to the costs associated with AI processing, all sales are final, and we do not offer refunds. We strive to deliver high-quality images, but we do not guarantee any specific results. By purchasing a photoshoot, you acknowledge and accept that the final images are generated by AI and may vary in quality.

Bulk buy option

Bulk buy option is tailored on large orders. They grant you credits that can be used to purchase photoshoots. Credits do not expire. Credits are not refundable. Each new photoshoot order will use 1 credit, you will be delivered 5 photos for a product photoshoot and 3 for a packaging photoshoot. All terms and conditions of the regular purchase apply.

Delivery time

Human designers curate the best results and ensure quality. We do not guarantee delivery times, but most users receive their photos within 24 hours.

Licensing and Ownership

By submitting images to our service, you represent and warrant that you have all necessary rights, licenses, and permissions to use those images and to grant us the rights to process them. You retain all rights to the images you submit and the generated photos we deliver to you.

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your submitted images and the generated photos solely for the purpose of providing the service and improving our algorithms. We will not use your images for any other purpose without your explicit consent.

Prohibited Conduct

Users agree not to use the service to:

Age Requirements

By accessing the service, you confirm that you are at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough, you are prohibited from using the service.

DMCA and Takedown Policy

If you believe that any content generated or submitted through the service infringes your intellectual property rights, please contact us at contact@productcapture.ai with the following information:

We will promptly investigate and take appropriate action, including removal of the alleged infringing content from the service.

Limitation of Liability

To the maximum extent permitted by law, ProductCapture, its affiliates, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:

Indemnification

You agree to defend, indemnify, and hold harmless ProductCapture, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with:

Disclaimer of Warranties

The service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied. ProductCapture disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or performance.

We do not warrant that:

Modifications to Service and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. We may also revise these Terms from time to time. It is your responsibility to review these Terms periodically. Your continued use of the service after any changes to the Terms constitutes acceptance of those changes.

Termination

We may terminate or suspend your account and bar access to the service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the service will cease immediately.

Privacy Policy

Your use of the service is also subject to our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the service, you consent to the collection and use of your information as outlined in our Privacy Policy.

Governing Law

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.

Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach thereof shall be submitted to mediation in accordance with the mediation rules of the Centre de Médiation et d'Arbitrage de Paris (CMAP). If the dispute is not resolved through mediation, it shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (ICC) by one or more arbitrators appointed in accordance with the said Rules. The place of arbitration shall be Paris, France. The language of the arbitration shall be French.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be modified to the extent necessary to make it valid and enforceable, and the remaining provisions will remain in full force and effect.

Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Entire Agreement

These Terms constitute the entire agreement between you and ProductCapture regarding the service and supersede and replace any prior agreements we might have between us regarding the service.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

Notices

All notices or other communications under these Terms shall be in writing and shall be deemed 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 email.

Our contact information:
ProductCapture
Email: contact@productcapture.ai

Contact Us

If you have any questions about these Terms, please contact us at:
contact@productcapture.ai