Terms of Service

Last updated: April 2026

1. Acceptance of Terms

By downloading, accessing, or using Photomenal ("the Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, do not use the Service.

2. Eligibility

You must be at least 16 years old to use the Service. By using Photomenal, you represent and warrant that you meet this age requirement. If you are between 16 and 18, you confirm that your parent or legal guardian has reviewed and agrees to these terms.

3. Description of Service

Photomenal provides AI-powered product image generation for e-commerce sellers. Users upload product photos, and our AI generates optimized, marketplace-ready images suitable for various e-commerce platforms.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice. We do not guarantee any specific level of uptime, availability, or uninterrupted access to the Service.

4. Account Registration

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at support@photomenal.app if you suspect unauthorized access.

5. Subscriptions & Billing

Payment Processing: All subscriptions are processed through Apple's App Store. Payment will be charged to your Apple ID account at confirmation of purchase.

Auto-Renewal: Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period.

Renewal Charges: Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.

Managing Subscriptions: You can manage your subscription and turn off auto-renewal in your Apple ID Account Settings at any time after purchase.

Free Trial: If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription.

Plan Tiers: Multiple subscription tiers are available with varying credit allocations and features. See the subscription page in the app for current pricing and plan details.

Pricing Changes: We reserve the right to change subscription pricing and credit allocations at any time. Price changes will take effect at the start of your next billing period.

Subscription terms are also subject to Apple's Terms of Service.

6. Credits & Usage

Credits are consumed when a generation job is submitted
Credit cost varies based on the number of platforms selected and the quality tier chosen
Unused monthly credits do not roll over to the next billing period
Credits are non-refundable and have no cash value, except as expressly stated in the Refund Policy below

7. Refund Policy

All purchases are final and non-refundable except as expressly stated in this section.

Credit Refunds: If an AI generation job fails and cannot be completed after all retry attempts, the credits consumed for that job are automatically refunded to your account balance. No other credit refunds will be issued.

Subscription Refunds: Since subscriptions are processed through Apple's App Store, refund requests for subscription payments must be submitted directly to Apple. Visit Apple's support page or go to Settings > Apple ID > Subscriptions to request a refund. Photomenal does not process subscription refunds directly.

Billing Disputes: If you believe you were charged in error, contact support@photomenal.app within 30 days of the charge. Claims submitted after 30 days will not be eligible for review.

8. AI-Generated Content

Images generated by Photomenal are created using artificial intelligence. AI is inherently imperfect and results may vary. Please be aware:

AI-generated images may contain visual artifacts, inaccuracies, or unintended alterations to your product's appearance (colors, shapes, labels, text)
Generated results are not guaranteed to accurately represent your product
You are solely responsible for reviewing all generated images before using them commercially
We do not guarantee that generated images will meet specific marketplace requirements or quality standards
Where required by law or platform policy, AI-generated images should be disclosed as such
We are not responsible for any consequences arising from your use of generated images, including marketplace listing removals, policy violations, customer complaints, or any loss of revenue
No refunds will be issued for AI-generated results that do not meet your expectations. Credits are consumed upon job submission, not upon satisfaction with results.

8B. Disclaimer & Limitation of Liability

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, AND NON-INFRINGEMENT.

Photomenal does not warrant that:

The AI will produce accurate, consistent, or error-free results
Generated images will faithfully reproduce your product's appearance
The Service will be uninterrupted or available at all times

IN NO EVENT SHALL PHOTOMENAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE OR ANY AI-GENERATED CONTENT.

Our total liability to you for all claims arising from the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

9. Acceptable Use

You agree not to:

Upload illegal, harmful, obscene, or infringing content
Use the Service to create misleading or deceptive product listings
Attempt to reverse-engineer, decompile, or abuse the AI generation system
Share your account credentials with third parties
Use automated tools, bots, or scripts to submit excessive generation requests
Resell or redistribute the Service or generated outputs as a competing service

10. Intellectual Property & Content Ownership

Your Uploads: You retain full ownership of all product images you upload to the Service.

Generated Images: Upon successful generation, you are granted a perpetual, non-exclusive, worldwide license to use, modify, and distribute the generated images for commercial purposes, including use in product listings on any e-commerce platform. This license survives account termination — images you have already downloaded remain yours to use.

Our Service: All intellectual property rights in the Photomenal application, including its design, code, and branding, remain our exclusive property.

Aggregated Data: We may use anonymized, aggregated usage statistics (not your images) to improve the Service.

11. Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law, Photomenal shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to lost sales, lost profits, platform policy violations, inaccurate product representations, service interruptions, or data loss.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the amount you paid for the Service in the one (1) month immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Photomenal and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from: (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party rights, or (d) any content you upload to the Service.

13. Termination & Account Deletion

We reserve the right to suspend or terminate your account at our sole discretion if you violate these terms or for any other reason we deem necessary. You may delete your account at any time by contacting us at support@photomenal.app or through the app settings. Upon account deletion:

Your personal data will be deleted within 30 days
Your subscription will remain active until the end of the current billing period (manage cancellation through Apple ID Settings)
Already-downloaded generated images remain licensed to you
No refund will be issued for any remaining unused credits or subscription time

14. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions. Any disputes arising under these terms shall be resolved exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Before initiating legal proceedings, you agree to first contact us at support@photomenal.app to attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within 30 days.

Class Action Waiver: You agree to resolve any disputes with Photomenal on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against Photomenal.

Time Limitation: Any claim or cause of action arising from or related to your use of the Service must be filed within one (1) year after the event giving rise to the claim. Claims filed after this period are permanently barred.

16. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated through the app or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated terms.

17. General Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Photomenal regarding the Service and supersede all prior agreements, understandings, and communications.

Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

18. Force Majeure

Photomenal shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of government, internet or infrastructure outages, AI provider service disruptions, cyberattacks, or changes in third-party APIs or services we depend on.

19. Third-Party AI Providers

Our Service relies on third-party AI providers to generate images. These providers may experience downtime, change their services, or discontinue operations without notice. We are not responsible for any interruption, degradation, or change in AI output quality caused by third-party providers. We reserve the right to switch AI providers at any time without notice.

20. Service Availability

We do not guarantee uninterrupted or error-free access to the Service. The Service may be temporarily unavailable due to maintenance, updates, server issues, or circumstances beyond our control. We will make reasonable efforts to minimize downtime but accept no liability for any loss resulting from service unavailability.

21. User Content Responsibility

You are solely responsible for all content you upload to the Service. You represent and warrant that you own or have the necessary rights to use any images you upload, and that your content does not infringe on any third party's intellectual property, privacy, or other rights. Photomenal is not responsible for verifying the legality or ownership of uploaded content. If we receive a valid intellectual property complaint regarding your content, we may remove it without notice.

22. Contact

For questions about these terms:
Email: support@photomenal.app

Photomenal
Pennsylvania, United States