Terms of Use

1. Acceptance of Terms

By accessing and using www.phototager.com (the "Website"), you ("User" or "you") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the Website.

2. Description of Service

Phototager.com provides a service that generates titles, descriptions, and keywords for images uploaded by users. Users can then edit and download this generated metadata for their personal or professional use.

3. User Conduct

You agree to use the Website in a responsible and lawful manner. You agree not to:

• Upload any images, videos that are illegal, infringing, defamatory, obscene, or otherwise objectionable.
• Upload any files that contain any harmful content or viruses.
• Use the generated metadata for any unlawful purpose.
• Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available.
• Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.

4. Intellectual Property

Website Content

The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, and software) are owned by Phototager and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Generated Metadata

The metadata (titles, descriptions, keywords) generated by the Website is based on user-uploaded images. While we use algorithms to generate this metadata, you retain ownership of the images you upload. The generated metadata is provided for your use and is not guaranteed to be unique or error-free.

User Uploaded Content

You retain ownership of all images and videos you upload to Phototager.com. By uploading content, you grant us a non-exclusive, royalty-free license to:

• Process and analyze your content through our own systems and third-party AI services (including Anthropic and OpenAI) solely for the purpose of generating metadata.
• Store your content on our secure Amazon Web Services (AWS) S3 storage for the limited time necessary to provide our services.

For your own security, we strongly recommend that you:

• Upload only low-resolution versions of your content to minimize risk in the event of a security breach.
• Delete your uploaded content after receiving your generated metadata.

We do not share your uploaded content with any unauthorized third parties. Your content is only used to provide the specific services you have requested.

5. Disclaimer of Warranties

The Website is provided on an "AS IS" and "AS AVAILABLE" basis. Phototager makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Phototager does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site. Specifically, we do not warrant that the generated metadata will be accurate, error-free, or suitable for any specific purpose. You are responsible for reviewing and editing the generated metadata before use.

6. Limitation of Liability

In no event shall Phototager or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website, even if Phototager or a Phototager authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid, if any, to access the Website.

7. Data Security and Your Responsibilities

While we implement reasonable security measures to protect your data, no method of transmission over the Internet or method of electronic storage is 100% secure. By using our service, you acknowledge this inherent risk.

You are responsible for:

• The content you upload, including ensuring you have appropriate rights to use and upload such content.
• Taking appropriate precautions with your valuable content, such as uploading only low-resolution versions.
• Managing your account credentials and maintaining their confidentiality.
• Promptly removing your content from our servers after receiving generated metadata, if you wish to minimize storage of your content on our systems.

We will retain your uploaded content for a limited period after processing to allow you to retrieve your generated metadata. Content may be automatically deleted after 30 days.

8. Privacy Policy

Your use of the Website is also subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of European Union, without regard to its conflict of law provisions.

10. Changes to Terms of Use

Phototager reserves the right to modify or revise these Terms at any time. We will notify you of any changes by posting the new Terms of Use on this page. Your continued use of the Website after such changes constitutes your acceptance of the new Terms of Use.

11. Third-Party Services

Our service integrates with third-party services including:

• Payment Processing: We use Stripe for payment processing. When making payments, you will be directed to Stripe's platform, and your payment information is handled directly by Stripe. We do not collect or store your credit card information.
• AI Services: We use services from Anthropic (Claude) and OpenAI to process your uploaded content and generate metadata. Your content may be transmitted to these services as part of our normal operations.
• Cloud Storage: We use Amazon Web Services (AWS) S3 to store your uploaded content and generated metadata securely.

Your use of these third-party services is subject to their respective terms of service and privacy policies. We recommend reviewing these policies before using our service.

12. Credit and Payment Terms

We offer credit packages that can be used for our services. By purchasing credits, you agree to the following terms:

• Credits are sold as one-time purchases that reflect their real value in dollars.
• All payments are processed securely through Stripe. We do not collect or store your credit card information.
• Credits purchased are non-refundable and cannot be exchanged for cash or monetary value.
• Credits remain valid in your account until used.
• We reserve the right to modify our pricing structure with appropriate notice to users.

By purchasing credits, you acknowledge that you have read and agree to these terms.

13. Contact Us