Terms of Service

1. Acceptance of Terms

By accessing or using Photo(n) ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Service Description

Photo(n) provides:

• Cloud-based photo storage
• AI-powered photo analysis using Google Gemini AI
• AI-powered photo analysis using Mistral AI (EU-based)
• Social features (comments, reactions)
• Location-based photo organization
• Multiple image format support

3. Beta Testing Terms

3.1 Beta Status

The Service is currently in closed beta. As a beta participant, you understand and agree that:

• The Service is provided "as-is" without warranty
• Features may be incomplete, experimental, or subject to change
• Service may be interrupted, discontinued, or modified at any time
• Data loss may occur - you are responsible for backing up important photos
• We may reset, wipe, or modify data during beta testing

3.2 No Liability

Important: We are not responsible for any:

• Lost, corrupted, or deleted photos
• Service outages or downtime
• Bugs, errors, or technical issues
• Data breaches during beta testing
• Damages arising from use of the Service

4. Account Terms

4.1 Account Creation

• You must be at least 18 years old to create an account
• You must provide accurate and complete information
• You are responsible for maintaining account security
• One person or entity may maintain only one account

4.2 Account Security

• Keep your authentication credentials secure
• Notify us immediately of any unauthorized access
• You are responsible for all activities under your account

5. User Content

5.1 Your Content

You retain all rights to photos and content you upload ("Your Content"). By uploading content, you grant us:

• A license to store, process, and display Your Content
• Permission to use AI services (Google Gemini) to analyze Your Content
• Permission to use AI services (Mistral AI) to analyze Your Content
• Rights to create compressed versions and thumbnails

5.2 Content Restrictions

You may NOT upload content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains illegal material (CSAM, violence, hate speech)
• Harasses, threatens, or harms others
• Contains malware or harmful code
• Violates privacy rights of others

5.3 Content Moderation

We reserve the right to remove any content that violates these Terms or is deemed inappropriate, but we are not obligated to monitor content during beta testing.

6. AI Photo Analysis

6.1 Consent Required

By uploading photos, you explicitly consent to:

• Your photos being sent to Google Gemini AI for analysis
• Processing of your photos on Google's secure servers
• Automatic generation of photo descriptions using AI

• Your photos being sent to Mistral AI (Pixtral Large) for analysis
• Processing of your photos on Mistral AI's EU servers (France/EU)
• Automatic generation of photo descriptions using AI

6.2 AI Analysis Terms Gemini

• AI descriptions are generated automatically and may be inaccurate
• We are not responsible for AI-generated content
• You can edit or delete AI descriptions at any time
• Google does not use your photos to train their public AI models

6.2 AI Analysis Terms Mistral

• AI descriptions are generated automatically and may be inaccurate
• We are not responsible for AI-generated content
• You can edit or delete AI descriptions at any time
• Mistral AI does not use your photos to train their models

6.3 GDPR Compliance

We use Mistral AI, a French AI company, to ensure your photos are processed within the European Union for maximum GDPR compliance. Your photos never leave the EU, eliminating concerns about international data transfers.

6.3 GDPR Compliance

We use Google Gemini AI and Mistral AI. Both services are configured to process your photos within the European Union for maximum GDPR compliance. Your photos never leave the EU, eliminating concerns about international data transfers.

See our Privacy Policy for detailed information about AI processing.

7. Storage Limits

• Free Beta: Storage limits may apply
• File Size: Maximum 10MB per photo
• Formats: JPEG, PNG, WebP supported
• We may change storage limits at any time during beta

8. Acceptable Use

You agree NOT to:

• Use the Service for illegal purposes
• Attempt to gain unauthorized access
• Reverse engineer or decompile the Service
• Use automated tools to access the Service (scraping, bots)
• Overload or interfere with Service infrastructure
• Resell or redistribute the Service
• Impersonate others or create fake accounts

9. Intellectual Property

The Service, including its design, features, and code, is owned by Photo(n) and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without permission.

10. Termination

10.1 By You (Account Deletion)

You may request account deletion at any time through Settings → Privacy & Security → Delete Account.

See our Privacy Policy for details about data retention and legal hold requirements.

10.2 By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Upload prohibited content
• Abuse or misuse the Service
• Fail to respond to our inquiries

11. Disclaimers

12. Limitation of Liability

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms are governed by the laws of the European Union and your local jurisdiction. Any disputes shall be resolved through binding arbitration or in courts of competent jurisdiction.

15. Contact Information

For questions about these Terms, contact us at:

16. Related Documents

• Privacy Policy - How we handle your personal data
• AI Processing Policy - AI usage (Google Gemini)