Terms of Service

1. Introduction

Welcome to PhotoCandy. By accessing our website or using our services, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms referenced herein. If you do not agree to these Terms, you may not access or use our services.

2. Definitions

• "PhotoCandy," "we," "our," or "us" refers to PhotoCandy, a service operated by Kaigen Labs (OPC) Private Limited, a company registered in Bangalore, India.
• "Services" refers to the PhotoCandy website, mobile applications, photo transformation features, and any related content, functionality, and services.
• "User," "you," or "your" refers to any individual who accesses or uses our Services.
• "Content" refers to all information, text, images, photos, graphics, and other materials uploaded, downloaded, or appearing on our Services.

3. Account Registration

To use certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

4. User Content

4.1. Content Ownership

You retain your ownership rights in any original Content you upload to our Services. By uploading Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with providing our Services to you.

4.2. AI-Transformed Images

When you use our Services to transform your photos using AI, you retain all rights to the resulting images. PhotoCandy does not claim ownership of your transformed photos and will never use them for training AI models without your explicit consent.

4.3. Content Restrictions

You agree not to upload Content that:

• Infringes on intellectual property rights of third parties
• Contains sexually explicit material
• Promotes violence or discrimination
• Is illegal, harmful, fraudulent, deceptive, or offensive
• Contains malware, spyware, or other harmful code

We reserve the right to remove any Content that violates these Terms or that we determine is otherwise objectionable.

5. Packages and Billing

We offer both one-time purchase packages and subscription plans. By choosing a package or subscription, you agree to pay all fees in accordance with the pricing and terms presented to you at the time of purchase.

One-time purchase packages never expire. Subscription fees are billed monthly in advance. We offer a 7-day money-back guarantee on personal packages. We may change our fees at any time with notice to you.

6. Termination

We reserve the right to suspend or terminate your access to our Services at any time for any reason, including but not limited to a violation of these Terms, without notice.

You may terminate your account at any time by following the instructions on our website. Upon termination, your right to use our Services will immediately cease.

7. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of PhotoCandy and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Disclaimer of Warranties

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, timely, secure, or error-free.

9. Limitation of Liability

To the maximum extent permitted by law, PhotoCandy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our Services.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the courts in Bangalore, India.

11. Changes to These Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any material changes through our Services or by other means. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at support@photocandy.app.