Terms of Service

Last Updated: August 20, 2025

1. Introduction

Welcome to PhotoDeo. These Terms of Service ("Terms") govern your access to and use of the PhotoDeo website, services, and applications (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. If you are under 18 years old, you must have the permission of a parent or legal guardian to use the Service and they must agree to these Terms on your behalf. By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Account Registration

To access certain features of the Service, you may need to register for 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 password and for all activities that occur under your account.

4. Content Ownership and Rights

4.1 Your Content

When you upload, submit, or otherwise provide content to the Service ("User Content"), you retain ownership of all intellectual property rights in that content. By uploading User Content, you grant PhotoDeo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and PhotoDeo's business operations, including for promoting and redistributing part or all of the Service.

4.2 Generated Content

The Service uses artificial intelligence to transform your photos into animated videos ("Generated Content"). You own the rights to the Generated Content created from your User Content, subject to the following conditions:

  • You may use the Generated Content for personal and commercial purposes, provided you have the necessary rights to the original User Content.
  • PhotoDeo retains the right to use anonymized data derived from the generation process to improve our services.
  • PhotoDeo does not claim ownership of the Generated Content but reserves the right to showcase examples of Generated Content for promotional purposes, unless you explicitly opt out.

4.3 Content Restrictions

You agree not to upload, submit, or create content that:

  • Infringes on the intellectual property rights of others
  • Contains illegal, obscene, defamatory, threatening, or otherwise harmful material
  • Contains personal information of individuals without their consent
  • Violates any applicable law or regulation
  • Impersonates any person or entity
  • Contains malware, viruses, or other harmful code

4.4 DMCA Compliance

PhotoDeo respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the information specified in the DMCA. We will respond to claims of copyright infringement committed using our Service that are reported to our designated copyright agent.

5. Video Creation and Usage

5.1 Video Creation Process

The Service uses AI technology to transform static images into animated videos. The quality, style, and characteristics of the Generated Content may vary based on the input images, selected options, and the current capabilities of our technology.

5.2 Generated vs Purchased Video Rights

The Service operates on a two-tier model:

Generated Videos (Free): When you create videos without purchasing, you receive watermarked videos with limited usage rights. These videos are provided for preview and evaluation purposes. You may view and share these videos, but commercial use may be restricted due to watermarking.

Purchased Videos: When you purchase a video, you receive the full, watermark-free version with expanded usage rights. Subject to your compliance with these Terms and applicable law, PhotoDeo grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use, reproduce, distribute, display, and perform the Purchased Video for personal and commercial purposes.

5.3 Usage Restrictions

Regardless of whether videos are generated or purchased, you may not:

  • Use the videos for any illegal, harmful, or inappropriate purposes
  • Create content that violates our content policies, including content containing children, nudity, violence, or other sensitive material
  • Resell or redistribute the PhotoDeo service itself or claim ownership of the underlying AI technology
  • Use the videos in ways that violate the rights of third parties

5.4 Third-Party Rights

You are solely responsible for ensuring that you have all necessary rights to the User Content you upload and the Generated Content you create and distribute. This includes obtaining appropriate licenses, consents, and permissions from all applicable rights holders, including but not limited to:

  • Copyright holders of the original images
  • Individuals depicted in the images (right of publicity/privacy)
  • Trademark owners whose marks may appear in the content
  • Property owners whose property is featured in the content

6. Payment and Refund Policy

6.1 Payment Processing

Payments for video purchases are processed through Stripe, a third-party payment processor. By making a purchase, you agree to Stripe's terms of service and privacy policy. We use adaptive pricing based on your location, and all prices are displayed in your local currency where supported.

6.2 Purchase Process

When you purchase a video, you are buying the right to download and use the watermark-free version of that specific generated video. Each purchase is for a single video and does not include access to other videos or ongoing services.

6.3 Refund Policy

All sales are final. We do not offer refunds except as required by applicable law. This includes situations where you:

  • Change your mind about a purchase
  • Delete a purchased video from your account
  • Are unsatisfied with the quality or content of the generated video
  • Experience technical difficulties accessing the video after successful download

In jurisdictions where consumer protection laws require refunds under certain circumstances, we will comply with applicable legal requirements.

6.4 Payment Failures and Disputes

If a payment fails during the purchase process, no access to the purchased video will be granted, and you may retry the payment. We reserve the right to limit repeated failed payment attempts to prevent abuse. For payment disputes or chargebacks, we will respond with appropriate transaction documentation.

7. Data Retention and Deletion

7.1 Content Storage

We currently store both generated and purchased videos indefinitely to provide you with ongoing access to your content. However, we reserve the right to implement retention policies in the future with at least 30 days' advance notice.

7.2 User-Initiated Deletion

You may delete videos from your account at any time through the Service interface. Deletion of purchased videos does not entitle you to a refund. Once you confirm deletion, the video will be removed from your account immediately.

7.3 Deleted Content Retention

For technical and legal purposes, we retain deleted purchased videos for 90 days after deletion before permanent removal from our systems. This retention period helps us respond to payment disputes and recover from technical errors. Deleted content is not accessible to you during this retention period.

7.4 Service Discontinuation

If we decide to discontinue the Service, we will provide at least 30 days' advance notice and give you the opportunity to download your purchased videos before the Service becomes unavailable.

8. Service Availability

We strive to maintain the availability and functionality of the Service, but we make no guarantees regarding uptime, performance, or uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control. We are not liable for any inconvenience or losses resulting from service interruptions.

9. Prohibited Uses

You agree not to use the Service to:

  • Create, upload, or share content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Create deepfakes or other misleading content intended to deceive others
  • Engage in any activity that could disable, overburden, damage, or impair the Service
  • Use any robot, spider, or other automatic device to access the Service for any purpose without our express written permission
  • Violate any applicable law or regulation

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. You will retain access to any purchased videos you have downloaded prior to termination.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

12. Limitation of Liability

IN NO EVENT SHALL PHOTODEO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless PhotoDeo and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another party.

14. Changes to Terms

14.1 Modification Rights

We reserve the right to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.

14.2 Notice of Changes

For material changes to these Terms, we will provide at least 30 days' advance notice through one or more of the following methods:

  • Email notification to your registered email address
  • Prominent notice on our website and within the Service
  • In-app notifications when you access the Service

14.3 Acceptance of Changes

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service. Previous versions of these Terms will remain accessible on our website during the notice period.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of competent jurisdiction in the United States.

16. Contact Us

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

Email: support@photodeo.com