Terms of Service

1. Introduction

Welcome to HotPhotoAI ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, APIs, content, AI photo generation tools, editing tools, subscriptions, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be legally bound by these Terms. If you do not agree, you must not use the Service.

2. Description of Service

HotPhotoAI provides an AI-powered image generation and editing platform. The Service may include user uploads, prompts, transformations, subscriptions, moderation systems, payment processing, and integrations with third-party models, providers, processors, and infrastructure.

3. User Accounts

To access certain features, you may need an account. You must provide accurate, current, and complete information, keep credentials secure, and remain fully responsible for all activity under your account, device, session, API usage, payment method, or credentials, whether authorized by you or resulting from your negligence, recklessness, or failure to protect access.

You may not transfer, sell, share, lease, sublicense, or otherwise allow unauthorized third parties to use your account. You must notify us immediately if you suspect unauthorized use, credential compromise, or abuse involving your account.

4. Subscriptions and Payments

Certain aspects of the Service are provided for a fee. You agree to pay all charges, taxes, and applicable fees associated with your account, and you authorize us and our payment partners to process such payments using your selected payment method.

Merchant of Record: Our order process is conducted by our online reseller and Merchant of Record, Creem. Payment processing and order fulfillment are handled by Creem.

Cancellation: You may cancel your subscription at any time through your account dashboard or by contacting our support team. Unless required by law or expressly stated otherwise, fees are non-refundable, recurring subscriptions renew automatically until cancelled, and cancellation takes effect at the end of the current billing period.

5. Refund Policy

Refunds are governed by our Refund Policy. Abuse of chargebacks, payment disputes, refund requests, promotional credits, or subscription systems may result in suspension, collections activity, denial of future access, or further legal enforcement.

6. Compulsory User AI Guidelines

The following AI usage guidelines are mandatory conditions of access to HotPhotoAI. Every user must follow them at all times when uploading photos, submitting prompts, editing images, generating outputs, or otherwise interacting with the Service.

• You must not attempt to create, request, or generate any image that is not allowed by the platform, including NSFW, sexual, exploitative, abusive, hateful, deceptive, unlawful, or otherwise prohibited content.
• Any attempt to overpower, manipulate, bypass, test, defeat, or evade the platform's restrictions, safety systems, moderation systems, or technical controls, including through automation, scripts, bots, jailbreaking, prompt attacks, reverse engineering, hacking, or any other method intended to force prohibited outputs, is strictly forbidden.
• Any attempt to use automation, hacking, policy evasion, or other abusive techniques to obtain NSFW or otherwise disallowed outputs may result in immediate and permanent account termination, complete service ban, forfeiture of credits, and no refund.
• You must use only photos, likenesses, faces, and image materials that you own or are fully authorized to use. It is solely your responsibility to ensure you have all required rights, permissions, and consents.
• If we receive any complaint, notice, legal demand, or credible report that you used another person's image, likeness, or content without authorization, we may remove content, suspend access, terminate the account, preserve records, and take any other action we consider necessary.
• We follow compliance requirements, platform rules, applicable laws, and moral and safety responsibilities, and we expect every user to do the same. Users must not use the Service in a way that undermines these obligations.
• We reserve the right to block, pause, cease, restrict, or suspend any account or activity that we believe may misuse the Service, create legal or safety risk, damage the platform, harm other users, or otherwise threaten the integrity of our AI photo platform.

7. Acceptable Use

You may use the Service only in compliance with these Terms and all applicable laws. You must not use the Service to create, request, upload, edit, transform, store, export, share, promote, or distribute any content that we determine, in our sole discretion, to be prohibited, harmful, deceptive, unlawful, or unsafe.

• Create or distribute illegal, exploitative, abusive, hateful, harassing, threatening, defamatory, violent, terrorist, fraudulent, misleading, invasive, or sexually explicit content, including non-consensual intimate imagery or content involving minors or age-ambiguous persons.
• Impersonate any person, forge identity or authorization, misappropriate likeness, violate publicity or privacy rights, or generate deceptive synthetic media without all legally required rights, notices, and consents.
• Infringe intellectual property, contractual, confidentiality, data protection, biometric, or other third-party rights.
• Use the Service for stalking, blackmail, extortion, harassment, discrimination, exploitation, spam, scams, misinformation, political manipulation, or unlawful surveillance.
• Upload malware, attempt prompt injection against our systems, scrape the Service, reverse engineer restricted components, overload infrastructure, probe vulnerabilities, or gain unauthorized access to any account, data, model, system, or network.
• Bypass, disable, evade, test, defeat, or interfere with any content filters, moderation mechanisms, rate limits, geofencing, account restrictions, identity checks, safety systems, or technical safeguards.
• Use bots, scripts, shared credentials, proxy rotation, disposable identities, stolen payment methods, or any other mechanism intended to conceal responsibility or circumvent restrictions.

8. Responsibility for Content and Conduct

You are solely and fully responsible for all prompts, uploads, edits, outputs, exports, publications, downstream uses, and other acts performed through your use of the Service. You bear all risk arising from the content you submit, generate, rely upon, distribute, or cause to be created.

If you use the Service improperly, unlawfully, abusively, or in violation of these Terms, you are solely responsible for that conduct and its consequences, including claims by third parties, regulatory action, civil liability, criminal liability, reputational harm, and any damage caused to us, our providers, our users, or others. You are also solely responsible for any misuse involving unauthorized photos, likenesses, identity misuse, or attempts to generate prohibited outputs.

9. Enforcement and Security Violations

We may monitor use of the Service and take any action we consider appropriate in response to actual or suspected violations. This includes refusing requests, removing content, freezing credits, cancelling subscriptions, suspending access, terminating accounts, imposing permanent bans, preserving evidence, disclosing information, cooperating with investigations, and pursuing legal remedies.

Any attempt to bypass our security, moderation, account controls, payment protections, abuse detection, or technical safeguards constitutes a material breach of these Terms. We may treat such conduct as unauthorized access and refer it to payment partners, hosting providers, law enforcement, regulators, or courts where appropriate. Where we determine that a user attempted to force prohibited content, including NSFW outputs, through automation, hacking, or evasion techniques, we may permanently ban the user without refund.

10. Intellectual Property and Rights Clearance

You represent and warrant that you have all rights, permissions, consents, licenses, and lawful authority needed for any prompt, upload, instruction, likeness, face, voice, trademark, brand element, copyrighted material, or other content you use with the Service.

As between you and us, you retain whatever rights you may have in content you lawfully submit, subject to the licenses necessary for us to operate, secure, review, host, cache, reproduce, modify for technical purposes, and enforce the Service. The Service itself, including software, branding, workflows, interfaces, and site content, remains our property or that of our licensors.

11. Disclaimers

The Service is provided on an "as is" and "as available" basis to the fullest extent permitted by law. We do not guarantee uninterrupted availability, error-free operation, secure or permanent storage, content accuracy, legal sufficiency, commercial suitability, non-infringement, or fitness for any particular purpose.

AI-generated outputs may be inaccurate, unexpected, offensive, unusable, or legally sensitive. You are responsible for reviewing all outputs before use and for determining whether any output is appropriate, lawful, accurate, safe, and fit for your intended purpose.

12. Limitation of Liability

To the maximum extent permitted by law, HotPhotoAI and its affiliates, officers, employees, contractors, licensors, vendors, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, opportunity, reputation, data, or goodwill arising out of or related to the Service, even if advised of the possibility of such damages.

Our total aggregate liability for any claim arising out of or relating to the Service shall not exceed the amount you paid to us for the Service during the three months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars, whichever is greater, except where such limitation is prohibited by applicable law.

13. Indemnification

You agree to defend, indemnify, and hold harmless HotPhotoAI and its affiliates, officers, employees, contractors, licensors, vendors, and partners from and against any claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable legal fees, arising out of or related to your content, your use of the Service, your violation of these Terms, your violation of law, your infringement of rights, or your attempt to bypass or undermine our security or restrictions.

14. Termination

We may suspend, pause, restrict, or terminate access immediately, with or without notice, if we believe you have violated these Terms, created risk or potential legal exposure, interfered with operations, attempted prohibited conduct, or used the Service in a manner inconsistent with our business, legal, compliance, moral, or safety requirements.

15. Changes to Terms

We may modify these Terms at any time by posting updated Terms on this page. Changes become effective when posted unless otherwise stated. Your continued use of the Service after the effective date of revised Terms constitutes acceptance of the revised Terms.

16. Contact Us

If you have legal or policy questions about these Terms, please contact us at:

support@hotphotoai.com