1. Your agreement with us
These terms are a binding agreement between you and MightyPhoto (we, us), which operates this website and the service at app.mightyphoto.ai (the Service). By creating an account, buying credits, or otherwise using the Service, you agree to these terms, to our Privacy Policy, and to the credit packs and prices shown on our pricing page at the time of purchase, which form part of this agreement. If you do not agree, do not use the Service.
You must be at least 18 years old and able to enter a binding contract where you live. The Service is not for anyone under 18, and we may close any account we believe belongs to a minor. If you use the Service for a company or other organization, you confirm that you have authority to bind it, and you then means both you and that organization.
2. Your account
Give us accurate information, keep it current, and keep your sign-in methods secure. You are responsible for everything that happens under your account. Tell us promptly at support@mightyphoto.ai if you believe somebody else has access to it.
3. Your content
Your Content means the photos, images, prompts and other material you submit to the Service, and the images generated for you from them. You are solely responsible for Your Content and for having every right, permission and consent needed to upload it, edit it, and use the results, including from every identifiable person who appears in it.
As between you and us, you keep your rights in Your Content and, to the extent the law permits, own the images generated for you. Output may not be unique or protectable, and other people may receive similar output. We do not promise that any output is free of other people's rights or cleared for any particular use.
You grant us a worldwide, non-exclusive, royalty-free licence, with the right to sublicense to our service providers, to host, store, copy, process, transmit, adapt and display Your Content as needed to provide, maintain, secure and support the Service, to enforce these terms, and to comply with law. The licence continues for as long as we hold the content, including in backups and records we keep under the Privacy Policy.
If you send us ideas, suggestions or feedback, we may use them for any purpose without obligation to you.
Do not upload images of payment cards, government identification documents, or medical records, or images that contain passwords or other credentials.
4. What you may not do
You may not use the Service to:
- create or edit content depicting minors in a sexual or exploitative context;
- create, upload or edit sexually explicit content, including nudity or exposure of genitals, buttocks or female breasts, sexual acts, or pornographic posing (ordinary clothing, swimwear, underwear and athletic wear are permitted), or submit prompts intended to produce it;
- create non-consensual intimate imagery of anyone;
- defame, harass, threaten, dox, exploit or impersonate a person, or edit a photo of someone without the right to;
- pass off an edited image as authentic, official, endorsed or unedited where that would be deceptive, harmful or unlawful, or fail to disclose edits where the law or a platform's rules require it, such as in property or product listings;
- identify, track, profile or make decisions about people, including for surveillance or for decisions about employment, credit, housing, insurance or access to services;
- infringe intellectual property, privacy, publicity or other rights, or break any law, sanctions rule or the policies of our providers;
- create or spread fraud, scams, malware, election deception, hate, or content that promotes violence or self-harm;
- test or bypass our security, content screening or usage limits, overload or interfere with the Service, or access another user's data; or
- resell access to the Service, scrape it, reverse engineer it or its models, use it to build a competing product, or automate access except through an interface we provide for that purpose.
We decide whether content or conduct breaks these rules.
5. Review and enforcement
We may review uploads, prompts, output and activity, by automated means or by people, to operate and secure the Service and enforce these terms. We have no obligation to monitor anything, and we are not responsible for Your Content or for failing to find or remove it.
If we believe content or conduct breaks these terms or the law, or creates risk for anyone, we may, with or without notice: refuse an upload or an edit; remove, disable or delete content; suspend or restrict a feature or an account; preserve evidence; and report conduct to the authorities. We may treat repeated or serious breaches as grounds to close an account. To report content or ask us to reconsider a decision, email support@mightyphoto.ai.
6. AI output
Edits are generated by third-party AI models. Output can be inaccurate, inconsistent, incomplete, offensive, similar to output made for others, or unsuitable for your purpose, and an edit may change something you did not ask it to. You must review output before you use, share, publish or rely on it, including for any commercial, client or public-facing purpose, and you take on the risk of doing so. The Service is not for identity verification, professional advice, or any safety-critical or high-risk use.
We may change the models and providers the Service uses at any time, which can change output.
7. Credits and payment
Credits are bought in packs. The packs, prices and what a credit buys are those shown on our pricing page and at checkout, and we may change them for future purchases at any time; a change never affects a purchase already made. Prices are in the currency shown at checkout, and taxes may be added. Our payment processor, Stripe, handles payments. There is no subscription and nothing renews.
Each edit we produce uses the credits shown when you start it, which can be more than one for higher resolutions, whether or not the result is what you wanted, and re-prompting is a new edit. Credits are a unit for using the Service. They are not money, have no cash value, and cannot be sold or transferred to another account. Credits do not expire while your account remains open.
Refunds. You may ask for a refund of unused credits within 14 days of the purchase that funded them, and if you have a problem with an edit, contact us within 7 days of purchase and we will make it right. Email support@mightyphoto.ai from your account's address. Refunds go to the original payment method. Otherwise, and except where the law requires, payments are non-refundable; any other refund or credit we give is at our discretion and does not entitle you to another.
Chargebacks. If a payment fails or is disputed, charged back or reversed, we may remove the credits it funded (which can make your balance negative), suspend your account, and decline further purchases until it is resolved. Please contact us first so we can try to fix it.
8. Copyright complaints
If you believe content on the Service infringes your copyright, email copyright@mightyphoto.ai with: your name and contact details; the work concerned; enough information to locate the material, such as its address or the account involved; why you believe it infringes; and a statement that the information is accurate and that you are the owner or authorized to act for the owner. We will handle notices that meet the requirements of Canada's Copyright Act as that Act requires, and may also remove or disable the material and close the accounts of repeat infringers. A user who believes material was removed by mistake may reply with the same details and an explanation, and we may restore it.
9. Availability and changes to the Service
We may change, add or remove features, tools, limits, models and providers, and may suspend or discontinue any part of the Service or the Service as a whole, at any time. We do not promise any particular availability or processing time. Features we describe as beta, preview or experimental are provided as they are and may change or end without notice.
Online services and AI systems fail, and content may be lost, delayed or corrupted. Download and keep your own copies of any image that matters to you.
10. Third-party services
The Service relies on third parties, such as hosting, AI, payment, email and sign-in providers. We are not responsible for third-party services, their availability, their terms or what they do with information. Your use of a third-party service, including signing in with one, is between you and that provider.
11. Our intellectual property
We and our licensors own the Service, including its software, design, tools, interface and branding. These terms give you only the right to use the Service as they allow.
12. Suspension, termination and deletion
You may stop using the Service at any time, delete your photos and edits, and close your account.
We may suspend or close your account at any time and for any reason, including a breach of these terms, risk to the Service or to others, non-payment, or a legal requirement. We may also close an account that has been unused for a long time and holds no purchased credits. Where it is reasonable, we will give notice first. If we close an account without a breach on your part, our only obligation is to refund the purchased credits that remain unused.
When an account is closed, its content may be permanently deleted and may not be recoverable, and its credits are forfeited. Copies and records may remain for a time as the Privacy Policy describes. Every clause that by its nature should survive the end of this agreement survives it, including those on content licences, payment, disclaimers, liability, indemnity and disputes.
13. Disclaimers
To the fullest extent permitted by law, the Service, its output and everything provided through it are provided "as is" and "as available", with all faults. We disclaim every warranty and condition, express or implied, including those of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not promise that the Service will be uninterrupted, secure or error-free, that content will be preserved, or that output will be accurate, lawful or suitable for your purpose. Your use of the Service is at your own risk.
14. Limits on liability
To the fullest extent permitted by law, neither we nor our suppliers or service providers will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, opportunity, goodwill, data or content, however caused and even if we were told it was possible.
To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Service or these terms is limited to the amount you paid us in the 12 months before the event giving rise to the claim. Any claim must be brought within one year after it arose, or it is permanently barred.
These limits apply whatever the legal theory, including contract, tort, negligence and statute. They do not limit liability that cannot be limited by law. Some places do not allow certain exclusions, so some of this section may not apply to you.
15. Your responsibility to us
You will defend, indemnify and hold harmless MightyPhoto and its owners, contractors and service providers against all claims, losses, damages, penalties and costs, including reasonable legal fees, arising out of Your Content, the people who appear in it, how you use or publish output, your use of the Service, actions taken under your account, your breach of these terms, or your violation of the law or of anyone's rights. We may take control of the defence of a claim at your cost, and you will cooperate with us.
16. Disputes
These terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada that apply there, 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 Saskatchewan have exclusive jurisdiction over any dispute, except where the law of the place you live gives you a right to bring a claim there that cannot be waived.
Before starting a claim, you agree to email legal@mightyphoto.ai a description of it and to try for 30 days to resolve it with us informally. To the extent permitted by law, claims may be brought only individually and not as a plaintiff or class member in a class, collective or representative proceeding.
17. Changes to these terms
We may change these terms by posting a new version on this page. If a change materially reduces your rights or increases your obligations, we will also give notice by email or through the Service before it takes effect, unless a legal or security reason requires it sooner. Continuing to use the Service after a change takes effect means you accept it. If you do not, you must stop using the Service.
18. General
We are not responsible for any failure or delay caused by events beyond our reasonable control, including failures of networks, hosting, AI or other providers, attacks, government action, and natural events. If any part of these terms is found unenforceable, it will be enforced to the fullest extent possible and the rest remains in effect. Not enforcing a term is not a waiver of it. These terms, the Privacy Policy and the pricing page are the entire agreement between us about the Service and replace any earlier ones, unless we sign a separate written agreement with you. You may not assign or transfer this agreement or your account without our written consent; we may assign it, including as part of a merger, reorganization or sale. Nothing in these terms creates a partnership, agency or employment relationship, or gives rights to anyone else. If these terms are translated, the English version governs.
19. Contact and notices
Legal notices and complaints go to legal@mightyphoto.ai, and everything else to support@mightyphoto.ai. We send notices to the email address on your account, and they are received when sent, so keep it current.