Terms of Service Overview

Last Updated: October 7, 2025

These Photon Cloud Terms of Service (“Terms”) constitute a binding legal agreement between you (“you”, “your”, or “Customer”) and Photon Cloud (“Photon”, “we”, “us”, or “our”). By accessing, registering for, or using our Services, you agree to be bound by these Terms.

These Terms apply to your access to and use of the Photon platform, including our photo organization tools, facial recognition features, storage services, client galleries, and any related applications, APIs, or websites (collectively, the “Services”).

ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE "DISPUTE RESOLUTION" SECTION. PLEASE REVIEW IT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS TO RESOLVE DISPUTES WITH PHOTON.

Eligibility and Accounts

Professional Use: The Services are intended for professional use by photographers, studios, and event organizers. By using the Services, you represent that you are at least 18 years old and have the authority to enter into these Terms personally or on behalf of the legal entity you represent.

Account Security: You are responsible for safeguarding your account credentials. You agree to notify us immediately of any unauthorized use of your account. Photon is not liable for any loss or damage arising from your failure to protect your login information.

Account Information: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. We reserve the right to suspend or terminate accounts that contain untruthful or incomplete information.

Services and Credits Usage

The Credit System: Certain features of the Services (e.g., facial recognition indexing, AI enhancements, storage allocation) consume "Credits" or "Usage Units". The specific cost in Credits for each feature is detailed on our Pricing Page.

Allocations and Expiration: Subscription plans typically include a monthly allocation of Credits. Unless explicitly stated in your plan,unused Credits expire at the end of each billing cycle and do not roll over . Credits have no monetary value.

Changes to Service: We may modify the Credit cost or features of the Service. However, for any change that materially negatively impacts your usage (e.g., increasing credit costs),we will provide at least 30 days' prior notice via email or in-app notification, giving you the opportunity to cancel before the new terms apply.

Storage, Security & Backups

Cloud Infrastructure (AWS): The Services are hosted on industry-leading cloud infrastructure providers, primarilyAmazon Web Services (AWS). We utilize AWS S3 and redundant technologies designed to provide high durability and availability for your data.

Security Measures: We implement commercially reasonable technical and organizational measures to protect your data, including encryption in transit and at rest. However, you acknowledge that no system is impenetrable.

Content and Biometric Data

Ownership: You retain all rights and ownership of the photos, images, and metadata ("Content") you upload. You grant Photon a worldwide, non-exclusive, royalty-free license to host, store, resize, process, and display your Content solely as required to provide the Services.

Facial Recognition & Biometrics: The Services use biometric technology to detect and group faces. You acknowledge that this involves processing "Biometric Information" or "Biometric Identifiers" under applicable laws (such as BIPA, GDPR, and LGPD).

Your Responsibility: You represent that you have obtained explicit consent from individuals depicted in your Content (or their guardians) to capture and process their biometric data. You agree to indemnify Photon against any claims arising from your failure to obtain such consent.

Subscriptions and Payments

Billing: You authorize Photon (and our third-party payment processors) to charge your payment method for the applicable subscription fees and any overage charges incurred. Fees are billed in advance on a recurring basis.

Failure to Pay: If a payment fails or is past due, we may downgrade your account to a free plan or suspend your access to the Services.Suspended accounts may be subject to data deletion after a specific grace period (e.g., 30 days).

Taxes: Fees are exclusive of taxes. You are responsible for paying all taxes, levies, or duties imposed by taxing authorities.

Cancellation & Data Export

Cancellation: You may cancel your subscription at any time via account settings. Cancellation will be effective at the end of the current billing cycle.There are no refunds for partial months or unused credits.

Data Export Window: Upon cancellation or expiration of a paid subscription, Photon may provide a limited30-day grace period during which you may access your account in a "read-only" mode solely to export your Content. After this period,Photon reserves the right to permanently delete all your Content to free up storage space.

Prohibited Use

You agree not to use the Services to:

• Upload content that is illegal, defamatory, pornographic, or violates intellectual property rights.
• Attempt to reverse engineer, decompile, or extract source code from the Services.
• Use the Services to build a competitive product or service.
• Scrape, crawl, or access the Services via unauthorized automated means.
• Share your account credentials with multiple users (account sharing) unless explicitly permitted by your plan.

Intellectual Property

Photon IP: All rights, title, and interest in and to the Services (excluding your Content), including all software, technology, code, user interfaces, trademarks, and logos, are and will remain the exclusive property of Photon Cloud.

Feedback: If you provide feedback or suggestions regarding the Services, we may use such feedback without obligation or compensation to you.

Disclaimers and Limitation of Liability

"AS IS" WARRANTY: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PHOTON EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT FACIAL RECOGNITION RESULTS WILL BE 100% ACCURATE.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL. IN NO EVENT SHALL PHOTON'S AGGREGATE LIABILITY FOR ALL CLAIMS EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID PHOTON IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

EXCEPTIONS: NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW (INCLUDING GROSS NEGLIGENCE OR WILLFUL MISCONDUCT).

Indemnification

You agree to defend, indemnify, and hold harmless Photon Cloud, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of and access to the Services;
• Your violation of any term of these Terms;
• Your violation of any third-party right, including copyright, property, or privacy rights;
• Any claim that your Content or your use of facial recognition caused damage to a third party (including claims related to lack of consent).

Dispute Resolution

Arbitration: Any dispute arising from these Terms shall be resolved by binding arbitration administered by a recognized arbitration body, except for disputes qualifying for small claims court.

Class Action Waiver: YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

30-Day Opt-Out: You have the right to opt out of the arbitration and class action waiver provisions by sending written notice of your decision to within 30 days of first accepting these Terms.

General Provisions

Governing Law: These Terms are governed by the laws of the Federative Republic of Brazil. You agree to submit to the exclusive jurisdiction of the courts located in Brazil to resolve any legal matter arising from these Terms, unless mandatory local law in your country requires otherwise.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force.

Contact: Questions about these Terms? Contact us at .