Plain-English summary (not a substitute for the terms below): PhotoScanr is a hobby-grade AI tool. We may shut it down, change pricing, or revoke any account at any time without notice or liability. The AI sometimes makes things up. You're responsible for reviewing any output before you publish it. We're not liable for anything beyond what you paid us in the last 30 days. Don't upload illegal content.
1. Acceptance of Terms
By accessing or using PhotoScanr (the "Service," "we," "us," or "our"), located at photoscanr.com, you ("User," "you") agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Service. These Terms apply to all visitors, free users, paying subscribers, and one-time credit-pack purchasers.
2. Description of Service
PhotoScanr provides an AI-powered tool that generates metadata (titles, captions, keywords, descriptions) and rankings for images you upload. Analysis is performed by third-party AI models, currently Google Gemini. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Features, pricing, tier limits, and behavior may change at any time without notice.
3. AI-Generated Content — No Guarantees of Accuracy
Output from PhotoScanr is generated by artificial intelligence and may contain errors, inaccuracies, fabrications ("hallucinations"), biased content, defamatory statements, copyright infringements, or otherwise unsuitable material. AI models can confidently produce wrong information, misidentify people or places, suggest incorrect facts, generate text that infringes third-party rights, or describe images in ways that are inappropriate or inaccurate.
You are solely responsible for reviewing, editing, and verifying any output before relying on it, publishing it, submitting it to third-party platforms (such as stock-photo agencies, social media, or commercial use), or otherwise using it. We make no warranty that AI-generated metadata is accurate, complete, suitable for any particular use, or non-infringing. We are not responsible for any consequences arising from your use of AI-generated output, including but not limited to platform rejections, copyright claims, defamation claims, or commercial losses.
4. Service Availability — We Can Stop Anytime, For Any Reason
We may modify, suspend, discontinue, restrict access to, or permanently shut down the Service, in whole or in part, at any time, for any reason or no reason, with or without notice, and without liability to you or any third party. This includes:
- Discontinuing the Service entirely.
- Removing or changing features, tiers, pricing, daily limits, or platform integrations.
- Suspending or terminating any account, free or paid, immediately and without refund (subject to Section 7).
- Imposing new restrictions on use, including stricter rate limits or cost ceilings.
- Migrating, replacing, or removing the underlying AI provider.
We do not commit to any service-level agreement (SLA), uptime guarantee, response time, or continued availability. Free users have no claim against us under any circumstances. Paid users' sole remedy for service interruption is a pro-rated refund of unused subscription time, at our sole discretion.
5. Acceptable Use
You agree not to use the Service to:
- Upload content you do not own or do not have permission to use.
- Upload content that is illegal, infringing, defamatory, harassing, hateful, sexually exploitative, depicts minors in any sexual context, or that incites violence or harm.
- Upload content that violates the privacy or publicity rights of any individual.
- Generate metadata to facilitate harassment, doxing, defamation, or other unlawful acts targeting any individual or group.
- Attempt to circumvent rate limits, cost ceilings, billing, authentication, or any other technical or contractual protection.
- Reverse-engineer, scrape, or otherwise access the Service or its underlying AI provider in violation of these Terms.
- Use the Service to violate the terms of service of Google Gemini, Stripe, Cloudflare, or any other third-party provider.
- Resell, sublicense, or redistribute Service output as a metadata-generation API or product without express written permission.
We may, in our sole discretion, refuse service, remove content, terminate accounts, or report unlawful activity to authorities, with or without notice.
6. User Content and Output Rights
You retain all rights to images you upload. By uploading images, you grant us a limited, worldwide, royalty-free license to process the images solely for the purpose of providing the Service (including transmitting them to our AI provider for analysis and caching the resulting metadata for up to 7 days). We do not claim ownership of your images.
AI-generated output (metadata, captions, keywords, rankings) is provided to you for your use. You may use, modify, and publish this output, subject to Sections 3 and 5 above, and subject to any third-party rights that may attach to the underlying content. We make no representation about ownership of, or rights in, AI-generated output, and we are not responsible if such output infringes any third party's rights.
7. Payments, Subscriptions, Credit Packs, and Refunds
Paid subscriptions and one-time credit-pack purchases are processed by Stripe and governed by Stripe's terms. Subscriptions auto-renew until cancelled via the account page. You may cancel anytime; you retain access through the end of the paid period.
All purchases are final. Refunds are not guaranteed and are issued only at our sole discretion, typically only in cases of duplicate billing, demonstrable fraud, or extended Service unavailability that we caused. Credit packs do not expire under normal operation, but if the Service is permanently discontinued, no refund of unused credit balances is owed (see Section 4).
We may change pricing, tier limits, daily cost ceilings, monthly credit grants, or any other commercial term at any time. New pricing applies at your next renewal; existing paid periods are not retroactively repriced.
8. Account Termination
We may terminate or suspend your account at any time, for any reason or no reason, with or without notice, and without refund. Reasons may include violation of these Terms, suspected abuse of the Service, fraudulent payment activity, chargebacks, or our decision to discontinue serving you for any reason.
You may terminate your account at any time by signing out and discontinuing use, or by contacting us. Upon termination, your right to use the Service ends. Any cached data, credit balances, style preferences, feedback labels, and other account state may be deleted at our discretion. Sections of these Terms that by their nature should survive termination (Sections 3, 6, 9, 10, 11, 12, 13, 14, 15) will survive.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT, OUTPUT, AND MATERIALS PROVIDED BY OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUIET ENJOYMENT.
WE DO NOT WARRANT THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) AI-GENERATED OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, OR NON-INFRINGING, (d) ANY ERRORS WILL BE CORRECTED, OR (e) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHOTOSCANR, ITS OPERATORS, OWNERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS LESS.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of these limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless PhotoScanr and its operators, owners, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to (a) your use or misuse of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, including intellectual property, privacy, or publicity rights, (d) any content you upload to the Service, and (e) your reliance on, publication of, or other use of AI-generated output.
12. Third-Party Services
The Service relies on third-party providers, including Google (Gemini AI, Google Sign-In), Cloudflare (worker, KV, Turnstile, hosting), Stripe (payments), and Hostinger (static hosting). Your use of the Service is subject to the terms and privacy policies of these providers. We are not responsible for the availability, accuracy, security, or practices of any third-party service. If a third-party service is unavailable or changes its terms in a way that affects PhotoScanr, we may suspend or discontinue affected features without notice.
13. Third-Party Trademarks and Affiliations
Adobe, Lightroom, Instagram, Flickr, Pinterest, Twitter, X, LinkedIn, Adobe Stock, Shutterstock, Alamy, and all related logos and brand names are trademarks of their respective owners. PhotoScanr is an independent tool and is not affiliated with, endorsed by, or sponsored by any of these companies. References to third-party platforms are for compatibility and identification purposes only and do not imply any relationship or endorsement.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service will be resolved exclusively in the courts located in Ontario, Canada, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, internet or telecommunications outages, third-party service outages (including outages of Google Gemini, Cloudflare, Stripe, or Hostinger), cyberattacks, or labor disputes.
16. DMCA and IP Claims
If you believe content on PhotoScanr infringes your copyright, please send a notice meeting the requirements of 17 U.S.C. § 512(c)(3) to [email protected]. We may remove content and terminate the accounts of repeat infringers in our discretion.
17. Changes to These Terms
We may revise these Terms at any time by posting an updated version at this URL with a new "Last Updated" date. Continued use of the Service after changes constitutes your acceptance of the updated Terms. If you do not agree, your sole remedy is to stop using the Service.
18. Severability and Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be reformed to the minimum extent necessary to make it enforceable. These Terms, together with the Privacy Policy, constitute the entire agreement between you and PhotoScanr regarding the Service and supersede any prior agreements.
19. No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. No waiver will be effective unless in writing signed by us.
20. Contact
Questions about these Terms? Contact us at [email protected].