Phot.AI

Terms of Service

Last Updated: January 28, 2026

1. Acceptance of Terms

By accessing or using Phot.AI's website, products, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

These Terms constitute a legally binding agreement between you and Phot.AI, Inc. ("Phot.AI," "we," "our," or "us"). We may update these Terms from time to time. Continued use of our Services after changes constitutes acceptance of the modified Terms.

If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Phot.AI provides a creative intelligence platform that includes:

AngleLab

A creative testing platform that helps brands discover winning messaging angles through systematic testing across advertising platforms.

ListingLab

A marketplace optimization platform that helps brands create, test, and optimize product listings across e-commerce marketplaces.

VideoLab

A dedicated AI video agency that helps brands automate high-performance video production, creative testing, and visual storytelling at scale.

Additional Features

  • Analytics and reporting dashboards
  • Integration with third-party platforms
  • AI-assisted content generation
  • Team collaboration tools

    • We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

    3. Account Registration

    To access certain features, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain and update your information as needed
  • Keep your password confidential and secure
  • Notify us immediately of unauthorized account access
  • Accept responsibility for all activities under your account

    • You must be at least 16 years old to create an account. If you are using the Services on behalf of a company, you must be authorized to do so.

    We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

    4. Subscription & Payment

    Subscription Plans

    We offer various subscription plans with different features and pricing. Details are available on our Pricing page. Free tier features may be modified at any time.

    Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Fees are non-refundable except as required by law or stated in these Terms
  • Annual plans include a 30-day money-back guarantee from the date of purchase

    • Price Changes

    We may change prices with 30 days' notice. Price changes will apply at your next renewal.

    Payment Processing

    Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method.

    Failed Payments

    If payment fails, we may suspend access until payment is received. Repeated failures may result in account termination.

    Cancellation

    You may cancel your subscription at any time through your account settings. Access continues until the end of your current billing period.

    5. User Content & Ownership

    Your Content

    You retain ownership of all content you upload, create, or generate using our Services ("User Content"). This includes images, creative assets, listing data, and test configurations.

    License to Phot.AI

    By uploading User Content, you grant us a limited license to store, process, and display your content as necessary to provide the Services. This license terminates when you delete your content or account.

    Content Restrictions

    You agree not to upload content that:

  • Infringes intellectual property rights
  • Contains malware or harmful code
  • Is illegal, defamatory, or obscene
  • Violates third-party privacy rights
  • Impersonates others or is fraudulent

    • AI-Generated Content

    Content generated by our AI features is provided for your use. You are responsible for reviewing and ensuring AI-generated content is appropriate before use.

    Export Rights

    You may export your User Content at any time. Upon account termination, we will retain your data for 30 days before deletion.

    6. Intellectual Property

    Our Intellectual Property

    Phot.AI and its licensors own all rights to:

  • The Services, including software, algorithms, and features
  • Our brand, logos, trademarks, and trade dress
  • Documentation, tutorials, and educational content
  • Any feedback or suggestions you provide

    • Limited License

    We grant you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes in accordance with these Terms.

    Restrictions

    You may not:

  • Copy, modify, or distribute our software
  • Reverse engineer or decompile our products
  • Remove copyright or proprietary notices
  • Use our brand without written permission
  • Resell or sublicense access to the Services

    • 7. Acceptable Use Policy

    You agree to use the Services only for lawful purposes. Prohibited activities include:

    Platform Abuse

  • Attempting to breach or circumvent security measures
  • Using automated tools to access the Services without permission
  • Overloading systems with excessive requests
  • Sharing accounts or credentials with unauthorized parties

    • Harmful Conduct

  • Harassing or threatening other users
  • Uploading malicious content or code
  • Interfering with other users' access to Services
  • Using Services for spam or unsolicited communications

    • Compliance

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Violating third-party platform terms when using integrations
  • Misrepresenting your identity or affiliation

    • Violations may result in immediate account suspension or termination.

    8. Service Availability

    Uptime

    We strive to maintain high availability but do not guarantee uninterrupted access. We may experience downtime for:

  • Scheduled maintenance (with advance notice)
  • Emergency repairs or security patches
  • Circumstances beyond our reasonable control

    • Service Level Agreements

    Enterprise customers may have specific SLA terms detailed in their contracts.

    Modifications

    We may modify, update, or discontinue features with reasonable notice. We will provide migration assistance for significant changes affecting your workflow.

    9. Limitation of Liability

    Disclaimer of Warranties

    THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOT.AI SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages arising from use of third-party integrations
  • Any amount exceeding the fees you paid in the 12 months preceding the claim

    • Exceptions

    These limitations do not apply to liability that cannot be excluded by law, including fraud or gross negligence.

    Basis of the Bargain

    You acknowledge that these limitations reflect the allocation of risk and are an essential basis of the agreement.

    10. Indemnification

    You agree to indemnify, defend, and hold harmless Phot.AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Services
  • Your User Content
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of applicable laws

    • We will provide reasonable notice of any claim and cooperate with your defense. We reserve the right to assume exclusive defense of any matter subject to indemnification.

    11. Termination

    By You

    You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to refunds except as stated in these Terms.

    By Us

    We may suspend or terminate your account if:

  • You violate these Terms
  • Your payment fails repeatedly
  • Your account is inactive for an extended period
  • Required by law or legal process
  • We discontinue the Services

    • Effect of Termination

    Upon termination:

  • Your right to access Services ends immediately
  • We will retain your data for 30 days, then delete it
  • You remain liable for outstanding charges
  • Provisions that should survive will remain in effect

    • Data Export

    Before termination, you should export any data you wish to retain.

    12. Dispute Resolution

    Informal Resolution

    Before initiating formal proceedings, you agree to contact us at legal@phot.ai to attempt resolution. Most disputes can be resolved quickly through direct communication.

    Governing Law

    These Terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

    Arbitration Agreement

    Any dispute not resolved informally shall be resolved by binding arbitration administered by JAMS under its Commercial Arbitration Rules. Arbitration will take place in San Francisco, California.

    Class Action Waiver

    You agree to resolve disputes on an individual basis. You waive any right to participate in class actions or representative proceedings.

    Exceptions

    Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access.

    Time Limit

    Any claim must be filed within one year of the cause of action arising.

    13. General Provisions

    Entire Agreement

    These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Phot.AI.

    Severability

    If any provision is found unenforceable, the remaining provisions will continue in effect.

    Waiver

    Our failure to enforce any provision does not waive our right to enforce it later.

    Assignment

    You may not assign these Terms without our consent. We may assign our rights freely.

    Force Majeure

    Neither party is liable for delays caused by circumstances beyond reasonable control.

    Notices

    We may send notices via email to your registered address. You may send notices to legal@phot.ai.

    Headings

    Section headings are for convenience and do not affect interpretation.

    Language

    These Terms are in English. Translations are for convenience only; the English version governs.

    14. Contact Information

    If you have questions about these Terms, contact us at:

    **Email:** legal@phot.ai

    Mailing Address:

    Phot.AI, Inc.

    Legal Department

    123 Innovation Way

    San Francisco, CA 94102

    United States

    For general support, visit our Help Center or contact support@phot.ai.