Terms of Service

Effective Date: 4/14/2026  |  Last Updated: 4/14/2026

1. Acceptance of Terms

Welcome to Hyper Photon, LLC. ("Company", "we", "our", "us")!

These Terms of Service ("Terms", "Terms of Service") govern your use of the websites getmyaiphoto.com and getmyaiphotos.com (together or individually "Service") operated by Hyper Photon, LLC.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please review our Privacy Policy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service. These Terms apply to all visitors, users, and others who wish to access or use the Service.

The Service is intended for use by individuals located in the United States. If you access or use the Service from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws, regulations, and rules of your jurisdiction. Company makes no representation that the Service is appropriate or available for use in any particular location outside the United States.

2. No Use By Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of its terms and conditions. If you are not at least eighteen (18) years old, you are prohibited from both accessing and using the Service.

The Service is not directed at children under the age of thirteen (13), and we do not knowingly collect personal information from children under 13 in compliance with the Children's Online Privacy Protection Act ("COPPA"). If we become aware that a child under 13 has provided us with personal information, we will take steps to delete such information promptly. If you believe that a child under 13 has provided personal information to us, please contact us at support@getmyaiphoto.com.

3. Communications

By completing a purchase on our Service, you agree that we may send your generated photos to your provided email address. We may also send you promotional offers, discounts, and updates from time to time. However, you may opt out of receiving these communications from us by following the unsubscribe link or by emailing support@getmyaiphoto.com. Please note that we will continue to contact you about essential matters related to your account and purchases, even if you choose not to receive communications from us.

4. User Obligations and Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree to provide accurate and complete information, and to upload only photos of yourself or photos for which you have explicit rights to use and process.

You agree not to use the Service:

• (a) In any way that violates any applicable national, federal, state, local, or international law or regulation.
• (b) To exploit, harm, or attempt to exploit or harm minors in any way.
• (c) To generate or disseminate verifiably false information or imagery with the purpose of harming others, including deepfakes or misleading content.
• (d) To generate or disseminate personally identifiable information that can be used to harm an individual.
• (e) To defame, disparage, or otherwise harass others.
• (f) For any use intended to discriminate against or harm individuals or groups based on online or offline social behavior or known or predicted personal characteristics.
• (g) To exploit vulnerabilities of a specific group based on age, social, physical, or mental characteristics in a way that causes or is likely to cause physical or psychological harm.
• (h) For any use that discriminates against individuals or groups based on legally protected characteristics or categories.
• (i) To upload photos of other individuals without their explicit consent, or to use generated images to impersonate or deceive others.
• (j) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• (k) In any way that infringes upon the rights of others, or in any way that is illegal, threatening, fraudulent, or harmful.
• (l) To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which may harm or offend the Company or other users.

Additionally, you agree not to:

• (a) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.
• (b) Use any robot, spider, or other automated device or process to access the Service for any purpose, including monitoring or copying material on the Service.
• (c) Use any manual process to monitor or copy material on the Service without our prior written consent.
• (d) Use any device, software, or routine that interferes with the proper working of the Service.
• (e) Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
• (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the servers on which the Service is stored, or any server, computer, or database connected to the Service.
• (g) Attack the Service via a denial-of-service attack or distributed denial-of-service attack.
• (h) Otherwise attempt to interfere with the proper working of the Service.

5. Content and Intellectual Property Rights

You may provide input to the Service ("Input"), and receive output from the Service based on the Input ("Output"). Input and Output are collectively "Content." You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service.

As between you and Company, and to the extent permitted by applicable law, you retain all ownership rights in your Input. Subject to your compliance with these Terms and full payment for any applicable services, Company assigns to you all right, title, and interest, if any, in and to Output. You may use the generated images for any personal or commercial purpose without restriction or attribution.

By using the Service, you grant Company a limited license to process, store, and modify your Input solely for the purpose of providing the Service to you. Company does not claim any right to distribute, publicly display, or use your photos beyond what is necessary to deliver the Service, and will not use your photos to train machine learning models without your explicit consent. Notwithstanding the foregoing, Company retains the right to use anonymized, aggregated, and de-identified data derived from usage of the Service for the purposes of improving the Service, generating analytics, and conducting internal research.

If you choose to submit feedback through the Service after your photos are generated, you agree that by submitting such feedback you grant Company the right to use your original uploaded photos, the generated output images, and your feedback for the purpose of improving the Service, its software, and underlying machine learning models. While your photo data will be handled and deleted in accordance with our Privacy Policy, Company will retain the rights to the learnings and improvements derived from that feedback.

The Service itself, including its original content (excluding Content provided by users), features, algorithms, and technology, remains the exclusive property of Company and its licensors. The assignment of Output to you does not transfer any rights in Company's underlying technology, models, algorithms, or intellectual property. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company. Company retains the right, but not the obligation, to monitor Content provided by users.

6. AI-Generated Content Disclaimer

The Service uses artificial intelligence and machine learning models to generate photographic images. You acknowledge and agree that:

• (a) AI-generated Output may contain imperfections, inaccuracies, artifacts, or unintended resemblances to real persons, brands, trademarks, or copyrighted material. Company does not guarantee the accuracy, quality, or suitability of any Output.
• (b) Output is not suitable for use as official identification documents, government-issued photo requirements (including but not limited to passports, visas, and driver's licenses), or any purpose where photographic accuracy is legally required.
• (c) You are solely responsible for reviewing all Output before use and for ensuring that your use of the Output complies with all applicable laws, regulations, and third-party rights, including but not limited to intellectual property rights, rights of publicity, and privacy rights.
• (d) Company shall not be liable for any claims, damages, or losses arising from your use of the Output, including but not limited to claims of defamation, infringement, misappropriation, or violation of rights of publicity or privacy.
• (e) AI models and their outputs may change over time as technology evolves. Company does not guarantee that the Service will produce consistent or identical results across different sessions.

7. Data Retention and Deletion

As outlined in our Privacy Policy, uploaded photos and generated images are automatically deleted from our servers after 7 days. We reserve the right to modify this retention period by posting updated terms on this page. Any changes to the retention period will take effect upon posting and will apply to data uploaded after the change.

8. Biometric Data Disclosure

The Service processes facial photographs using third-party AI models to generate transformed images. Company does not extract, collect, store, or retain biometric identifiers or biometric information (such as facial geometry, faceprints, or facial recognition templates) from your uploaded photos. The processing of your photos is performed solely for the purpose of generating the requested Output, and your original photos are deleted in accordance with Section 7.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

10. Analytics

We use third-party service providers to monitor and analyze the use of our Service. These providers may collect information about your interactions with the Service, such as pages visited and features used, to help us understand and improve user experience. Any data collected by these third parties is subject to their respective privacy policies.

We use Google Analytics 4, provided by Google LLC, to collect and analyze usage data. Google Analytics uses cookies to collect information such as how often users visit the Service and what pages they visit. We use this information to improve our Service. Google's ability to use and share information collected by Google Analytics is governed by the Google Analytics Terms of Service and the Google Privacy Policy. Google Analytics is activated only after you consent to non-essential cookies, and you may opt out by adjusting your cookie preferences on our Service.

11. Purchases and Payment Terms

Company offers paid services for high-resolution photo downloads ($1.99 USD per photo). When you make a purchase, you will receive a high-resolution image (1024px × 1536px) without watermark, delivered via email and direct download.

If you wish to make a Purchase, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, expiration date, and billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We use Stripe to facilitate payment and completion of Purchases. By submitting your payment information, you grant us the right to provide that information to Stripe subject to our Privacy Policy, and you agree to Stripe's Terms of Service. In the event of a payment failure, you may retry the payment at any time. Company is not responsible for payment failures caused by your payment provider, insufficient funds, or incorrect payment information.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price, errors in your order, or suspicion of fraud or unauthorized transactions.

All purchases are final and non-refundable. Before completing a purchase, you are provided with a preview of the AI-generated image, and your decision to proceed with payment constitutes your acceptance and satisfaction with the generated result. Due to the nature of digital content and the immediate delivery of the Service, no refunds will be issued once a purchase is completed. Nothing in this section affects any statutory rights that cannot be waived or limited by contract under applicable law.

12. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.

13. Disclaimer of Warranty

The Service is provided on an "as is" and "as available" basis. Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Service or the information, content, or materials made available through it. Your use of the Service, its content, and any services or items obtained from us is at your own risk.

Neither Company nor any person associated with Company makes any warranty or representation regarding the completeness, security, reliability, quality, accuracy, or availability of the Service. Without limiting the foregoing, neither Company nor anyone associated with Company represents or warrants that the Service, its content, or any services or items obtained through the Service will be accurate, reliable, error-free, uninterrupted, or free of harmful components, or that defects will be corrected or the Service will otherwise meet your needs or expectations.

To the fullest extent permitted by law, Company disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any warranties of merchantability, non-infringement, and fitness for a particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

14. Limitation of Liability

To the fullest extent permitted by law, Company and its officers, directors, employees, and agents will not be liable for any indirect, punitive, special, incidental, or consequential damages arising out of or in connection with these Terms or the Service, including related attorneys' fees and litigation or arbitration costs. If Company is found liable notwithstanding the foregoing, that liability will not exceed the greater of the amount you paid for the Service giving rise to the claim during the 12 months before the claim arose or one hundred dollars ($100). Some jurisdictions do not allow certain exclusions or limitations of liability, so parts of this section may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service, including but not limited to your Content, any use of the Service's Output other than as expressly authorized in these Terms, or your use of any information obtained from the Service; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; (d) your violation of any applicable law, rule, or regulation; or (e) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination of these Terms and your use of the Service.

16. Dispute Resolution and Arbitration

Informal Resolution: Before filing any formal proceeding, you agree to first contact us at support@getmyaiphoto.com and attempt to resolve any dispute informally for at least thirty (30) days.

Binding Arbitration: If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Spokane, Washington, or at another mutually agreed location. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: You and Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Jury Trial Waiver: To the fullest extent permitted by applicable law, you and Company each waive the right to a jury trial in any legal proceeding arising out of or relating to these Terms or the Service that is not subject to the arbitration provision above.

Opt-Out: You may opt out of the arbitration and class action waiver provisions of this Section 16 by sending written notice to support@getmyaiphoto.com with the subject line "Arbitration Opt-Out" within thirty (30) days of your first use of the Service. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms will continue to apply. Opting out of arbitration will not affect any other rights or obligations under these Terms.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Claims within the jurisdiction of small claims court may also be brought in such court in lieu of arbitration.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of Washington State, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

18. Waiver and Severability

No waiver by Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

19. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If we terminate your access to the Service, we will make commercially reasonable efforts to allow you to download any previously purchased AI-generated photos before termination takes effect, unless your continued access would violate applicable law, pose a security risk, or result from your breach of these Terms. Photos that have already been automatically deleted pursuant to our data retention policy (Section 7) are not subject to this provision.

If you wish to terminate your use of the Service, you may simply discontinue using it.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and the dispute resolution provisions.

20. Force Majeure

Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Company's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of third-party AI model providers, cloud infrastructure outages, internet service disruptions, cyberattacks, or any other event beyond Company's reasonable control. During such events, Company's obligations under these Terms shall be suspended for the duration of the force majeure event.

21. Changes to Service and Amendments to Terms

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

We may amend these Terms at any time by posting the amended terms on this page. The "Last Updated" date at the top of this page will be revised accordingly. Amended Terms apply only to your use of the Service after the effective date of such amendment, including any photo generation requests submitted after that date. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new terms, you are no longer authorized to use the Service.

22. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@getmyaiphoto.com with the subject line: "Copyright Infringement" and include a detailed description of the alleged infringement as described below.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service.

23. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

• (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• (b) A description of the copyrighted work that you claim has been infringed, including the URL of the location where the copyrighted work exists or a copy of the copyrighted work;
• (c) Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• (d) Your address, telephone number, and email address;
• (e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at support@getmyaiphoto.com with the subject line: "DMCA Notice".

Counter-Notification: If you believe that material you posted on the Service was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(g) for further detail):

• (a) Your physical or electronic signature;
• (b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
• (c) A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
• (d) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in Spokane, Washington, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

If a valid counter-notification is received, Company will restore the removed material within 10 to 14 business days, unless the original complainant files a court action seeking to restrain the alleged infringer.

24. Error Reporting and Feedback

You may provide us directly at support@getmyaiphoto.com (subject line: "Feedback") or via third-party tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ("Feedback"). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of ownership of the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) Feedback in any manner and for any purpose.

25. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities or their websites.

You acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

We encourage you to read the terms of service and privacy policies of any third-party websites or services that you visit.

26. Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.