Terms & Conditions

Updated and Effective Date: February 28, 2024

Welcome to NeedAiPhotos! We’re excited to have you as a user of our Software-as-a-Service (SaaS) platform. Before you get started, please take a moment to read through our Terms and Conditions outlined below.


Operated by CPG LTD, NeedAiPhotos offers innovative services tailored to meet your needs. By utilizing our platform, you agree to adhere to the following Terms of Service, including all associated policies and agreements.


By using our platform, you agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using NeedAiPhotos site or service. The materials contained in this Website are protected by copyright and trade mark law. These Terms are subject to change at any time without prior notice. Please review these Terms periodically for any updates or changes.

1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.


2. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).


3. AGE REQUIREMENTS

By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. NeedAiPhotos tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.


4. YOUR INFORMATION

By using the Services, you may provide NeedAiPhotos.com with personal information like your email address, user name, billing information, image outputs, and text prompts that you enter, or sample images that you upload to the Service. Our policy outlining what we do with your personal information, and the rights you have with respect to your personal information, can be found . Both parties agree to comply with all applicable data protection laws. To the extent the parties need to enter into additional terms regarding data privacy or data transfers the parties will work together in good faith to enter into such terms.


5. LINKS

NeedAiPhotos has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by NeedAiPhotos of the site. The use of any linked website is at the user's own risk.


6. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.


7. OWNERSHIP

1. Customer Ownership: By using our services, you retain full ownership of all photos and data that you upload, store, or transmit through our platform. We do not claim any rights or ownership over your photos or data. 2. Non-Usage Without Explicit Consent: We are committed to respecting your privacy and ensuring the security of your photos and data. We will not use, sell, rent, or otherwise exploit your photos or data without obtaining your explicit consent. 3. Consent for Specific Purposes: In certain situations, we may request your explicit consent to use your photos or data for specific purposes that are outlined in separate agreements, features, or functionalities within our services. Such consent will be obtained separately, and we will only use your photos or data in accordance with the terms of the specific consent provided. 4. Limited Data Processing: We may process your photos and data for the sole purpose of providing our services to you, including but not limited to storage, retrieval, backup, and data analysis, in accordance with applicable privacy laws and regulations. 5. Data Security Measures: We employ reasonable security measures to protect your photos and data from unauthorized access, disclosure, alteration, or destruction. However, please be aware that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security. 6. Third-Party Access: We will not provide access to your photos or data to any third parties, except as required by law, to comply with legal obligations, enforce our rights, prevent fraud, or protect the rights, property, or safety of our users. 7. Data Deletion: Any data will automatically be deleted 30 days after usage. Upon your request or termination of your account, we will delete your photos and data from our active databases, subject to any legal obligations or technical limitations that may prevent us from doing so. Please note that residual copies of your photos or data may remain in our backup systems for a limited period of time.


8. PAYMENT AND BILLING

We may invoice you for your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict. You are free to cancel your plan at any time. We also reserve the right to terminate your access to the Service for any reason, including inappropriate use of the Service. Upon cancellation or termination, any outstanding usage fees will be charged immediately.


9. REFUND POLICY

Our Money Back Guarantee

We guarantee your satisfaction. You can expect 5-60+ incredible profile-worthy photos from your order—but we let you see the entire batch, so you can decide on the keepers yourself. If you don’t find 5-60+ profile-worthy photos from needaiphotos, you can follow the steps below to instantly initiate a complete self-refund and get 100% of your money back. Alternatively, in some cases, we may offer to redo your photos to better meet your expectations.


What Doesn't Qualify for a Refund

A. Poor Quality Inputs:

If after manually reviewing your input/upload images we find that they don't meet the stated criteria for successful AI pictures, we're not obligated to refund your money. If upload photos are not up to form guidelines, we will send you an email, with further clarifications and giving you a 2nd attempt. After 2nd attempt, if they are still not up-to form guidelines we will cancel your order and refund 50% of the payment. We won't process low-quality photos because the results will not meet our quality standards, resulting in unsatisfactory outcomes for you. We may, however, offer to redo the AI photos while clarifying the guidelines and requirements foresaid within the upload form.

B. Time Limit:

We can only process refund requests submitted within 14 days of purchase.

C. Team Plans:

For team accounts we only offer partial refunds for unused users at this time. This is due to the higher costs incurred while servicing larger customers.


How Long Do Refunds Take

We will review and respond to refund requests, based on this policy, within 1-3 business days. If your refund is approved, the funds should be back on your card within 5-10 business days. Refunds will be processed back to the original payment method used during purchase; we cannot refund to a different account.


How To Request a Refund

To apply for a refund, kindly email us at [email protected] or use our chat feature available on our website. When contacting us about a refund, please include the email address you used when placing your order.d during purchase; we cannot refund to a different account.


10. DISPUTE RESOLUTIONS

1. Agreement to Arbitrate 1.1. Arbitration: Any dispute arising out of or related to these Terms or Your use of the Service shall be resolved exclusively through binding arbitration administered by a recognized arbitration institution in the United Kingdom. 1.2. Waiver of Class Action: You waive any right to bring or participate in a class action, collective action, or representative action in arbitration or any court. 2. Initiation of Arbitration 2.1. Notice: To initiate arbitration, You must send a written notice of dispute to the Company via Email at [email protected]. The notice must include Your name, contact information, a description of the dispute, and a proposed resolution. 2.2. Negotiation: Upon receiving a notice of dispute, the Company and You agree to negotiate in good faith to resolve the dispute informally within thirty (30) days of receiving the notice. 3. Arbitration Procedures 3.1. Arbitrator: If the dispute cannot be resolved through negotiation, either party may initiate arbitration by filing a request with the chosen arbitration institution. The arbitration shall be conducted by a single arbitrator appointed in accordance with the arbitration institution's rules. 3.2. Location and Language: The arbitration shall take place in a mutually agreed location within the United Kingdom and shall be conducted in English. 3.3. Decision: The arbitrator shall issue a written decision within a reasonable time after the conclusion of the arbitration hearing. The decision shall be final and binding upon both parties. 4. Costs and Fees 4.1. Allocation: Each party shall bear its own costs and expenses, including attorney's fees, associated with the arbitration proceedings. 5. Governing Law and Jurisdiction 5.1. Governing Law: These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. 5.2. Jurisdiction: Any legal action or proceeding arising out of or related to these Terms shall be brought exclusively in the courts of England and Wales.


11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.


12. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.


12. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE


13. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF YOU DELIBERATELY VIOLATE ANOTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, RESULTING IN FINANCIAL LOSSES FOR US, WE WILL PURSUE YOU TO RECOVER THOSE LOSSES. ADDITIONALLY, WE MAY TAKE FURTHER ACTIONS, SUCH AS SEEKING COURT INTERVENTION TO COMPEL YOU TO COVER OUR LEGAL EXPENSES. SUCH BEHAVIOR IS STRONGLY DISCOURAGED.


14. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.