Terms of Service

1. Agreement

By visiting photomend.app, uploading a photo, or using the restoration workspace, you agree to these Terms and the OldPhoto Privacy Policy. If you do not agree, do not use the service.

These Terms apply to visitors and users of the current beta. Additional terms may apply to a future paid feature when they are shown at checkout or otherwise incorporated into that feature.

2. The service and current beta

OldPhoto lets you submit a photograph, choose a Faithful or Full restoration mode, optionally request natural color, add facts you know about the image, and receive an AI-generated restoration for comparison and download.

OldPhoto is a limited MVP preview. Each anonymous visitor may complete up to three successful restorations at no charge. The current implementation does not provide user accounts, a permanent photo library, checkout, subscriptions, or a task-history dashboard.

The current beta is provided for personal and creative evaluation. It is not an archival preservation system, a permanent backup, or a guaranteed way to recover historical facts.

3. Eligibility and authority

You must be at least 18 years old or the age of majority where you live, whichever is higher, unless a parent or legal guardian authorizes your use as permitted by law.

You may upload a photo only if you own it or have all permissions needed for OldPhoto and its service providers to process it. You represent and warrant that your User Content and use of the service will not violate any law, contractual duty, or third-party right. You are solely responsible for obtaining any required consent from people shown in a photo.

4. Your content

You retain your rights in photographs, facts, and other material you submit (together, "User Content"). You grant OldPhoto and its service providers a limited, non-exclusive, worldwide, royalty-free license to receive, transmit, copy, temporarily store, analyze, modify, and return User Content only as reasonably necessary to provide, secure, and troubleshoot the restoration you request.

The current beta does not place submitted photographs in a public gallery or use them as public examples. Third-party service providers may apply their own terms and data practices. You assume the risks associated with submitting confidential, sensitive, irreplaceable, or regulated material.

You are responsible for keeping your own copies. OldPhoto is not a backup service: archived photos are not available through a user library and are configured to expire automatically after seven days.

5. AI output and important limitations

Restoration results, colors, reconstructed areas, and other generated details are probabilistic interpretations. They may change faces, hands, clothing, text, objects, boundaries, proportions, or other details, even when Faithful mode is selected.

You must review an output before relying on it. Do not use an output as evidence, an identity record, a legal or medical document, a historical fact record, or for another high-stakes decision. OldPhoto does not guarantee that an output is accurate, complete, original, non-infringing, or suitable for a particular purpose.

You are responsible for the way you use, publish, print, or share an output and for adding a note when an image contains AI-generated interpretation.

6. Acceptable use

You may not use OldPhoto to:

• Break the law, infringe copyright, trademark, privacy, publicity, moral, or other rights, or process a photo without the required permission.
• Create or distribute deceptive impersonations, non-consensual intimate material, harassment, threats, exploitation, or content intended to cause harm.
• Upload malware or attempt to bypass file, rate, safety, authentication, or other technical controls.
• Probe, scrape, reverse engineer, overload, disrupt, or interfere with the website, API, provider, or another user's access.
• Use the service to build a competing service, train a model, or extract data at scale without written permission.
• Represent an AI interpretation as verified historical evidence or mislead people about how an image was created.

7. Privacy

Our Privacy Policy explains what information the current beta processes, which providers receive it, and the limits of our retention and deletion controls. It is part of these Terms.

8. Third-party services

OldPhoto relies on third-party infrastructure, hosting, security, delivery, and AI-processing services. Their terms, privacy policies, availability, and processing practices may apply. To the maximum extent permitted by law, OldPhoto is not responsible for a third party's independent acts, omissions, outages, security incidents, content, or changes to its services.

9. Availability, updates, and discontinuation

The service may be changed, suspended, rate-limited, interrupted, or discontinued at any time, including for maintenance, safety, cost, provider availability, or beta evaluation. We do not promise a particular uptime, processing time, output quality, or compatibility.

We may update the website, prompts, models, upload limits, or restoration modes. An update may change the appearance or behavior of an output.

10. Payments and future features

At the time these Terms were last updated, checkout is not enabled. The MVP provides up to three successful restorations at no charge for each anonymous browser identifier. Failed requests do not consume this allowance. We may use a first-party cookie and server-side counter to enforce it.

If OldPhoto later enables a purchase, the price, currency, taxes, renewal terms, credit expiry, refund rules, and any additional purchase terms shown before payment will apply. Nothing in these Terms removes mandatory consumer refund or cancellation rights.

11. Intellectual property

OldPhoto, its name, website, software, prompts, design, documentation, and non-user content are owned by or licensed to the operator and are protected by applicable intellectual-property laws. These Terms give you a limited right to use the service while it is available; they do not transfer ownership of OldPhoto or its underlying technology.

If you send feedback, you allow OldPhoto to use it without restriction or compensation, provided that we do not use your private photograph as public marketing material without permission.

12. Suspension and termination

We may, with or without notice, suspend or end access, remove a request, limit features, or refuse processing if we reasonably believe that you breached these Terms, created a safety or security risk, violated another person's rights, exposed us to liability, or imposed unreasonable cost or load on the service. We are not required to preserve User Content following suspension or termination unless applicable law requires otherwise.

You may stop using the service at any time. Sections that by their nature should continue, including content responsibility, disclaimers, limitations of liability, intellectual property, and dispute terms, will continue after use ends.

13. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless OldPhoto, its operator, affiliates, licensors, service providers, and their personnel from claims, liabilities, damages, judgments, losses, costs, and reasonable legal fees arising out of or related to your User Content, your use or misuse of the service or any output, your violation of these Terms, or your violation of another person's rights.

This obligation does not apply to the extent a claim results from conduct for which indemnification cannot lawfully be required. We may control the defense of a covered claim, and you agree to cooperate reasonably with that defense.

14. Disclaimers and assumption of risk

To the maximum extent permitted by law, OldPhoto is provided "as is" and "as available," without warranties of any kind, express, implied, or statutory. We disclaim warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and that the service or output will be uninterrupted, error-free, or meet your requirements.

You understand that AI processing is experimental and may generate inaccurate, unexpected, offensive, incomplete, or legally restricted material. You use the service and each output at your own risk and are solely responsible for reviewing an output, preserving originals, obtaining professional advice where appropriate, and deciding whether and how to use or disclose it.

Some jurisdictions do not allow certain disclaimers. In those jurisdictions, the disclaimers apply only to the maximum extent permitted, and you keep any mandatory rights that cannot be waived.

15. Limitation of liability

To the maximum extent permitted by law, OldPhoto, its operator, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, photographs, outputs, profits, revenue, goodwill, privacy, reputation, or business opportunity arising from or related to the service, even if advised that such damages were possible.

To the maximum extent permitted by law, the total aggregate liability for all claims relating to the service will not exceed the greater of the amount you paid OldPhoto for the service during the three months before the event giving rise to the claim or 10 USD. These exclusions and limits apply regardless of the legal theory and even if a remedy fails of its essential purpose.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

16. Governing law and disputes

These Terms are governed by applicable law, without giving effect to conflict-of-law rules that would require a different law. When OldPhoto publishes a verified legal contact, you agree to give the operator a reasonable opportunity to resolve a concern before bringing a formal dispute, except where applicable law allows you to proceed directly.

To the maximum extent permitted by law, any claim arising from or relating to the service must be brought within one year after the event giving rise to the claim. Nothing in this section limits mandatory consumer protections or your right to bring a claim in a forum or time period that applicable law requires.

17. General terms

These Terms and the Privacy Policy are the entire agreement between you and OldPhoto regarding the current service and supersede prior statements on the same subject. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will continue in effect.

Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign them in connection with operating, financing, reorganizing, or transferring the service. Section headings are for convenience only.

18. Changes to these Terms

We may modify these Terms as the beta develops. We will update the date above and provide any notice required by law for material changes. If you continue using OldPhoto after the updated Terms take effect, you agree to the revised Terms. If you do not agree, stop using the service.

19. Contact

Questions about these Terms may be sent to support@photomend.app.