These Terms and Conditions ("Agreement") govern your use of MetaPhotoAI ("MetaPhotoAI", "We", "Us", "Our"), a downloadable desktop application available for Mac and Windows, and the associated web-based services provided at https://metaphotoai.com (the "Website"). By downloading, installing, or using our application or Website, you agree to be bound by this Agreement.

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1. Definitions

• MetaData: The titles, descriptions, keywords, and categories generated by the MetaPhotoAI application for stock photos. This content is produced by our AI systems (which include models from OpenAI and Google Gemini) based on a small thumbnail image sent from your desktop application.
• Thumbnail Image: A reduced-size version of an image that is processed by the MetaPhotoAI application to generate Metadata. By processing your Thumbnail Image, you represent that you have the right to use and submit that image for analysis.
• User: The individual or company ("you") using MetaPhotoAI to generate Metadata for submission to stock agencies such as Shutterstock, Adobe Stock, Dreamstime, Envato Elements, Freepik, etc.
• Subscription and Tokens: Payment structures used on MetaPhotoAI. Users pay a monthly subscription fee and/or purchase tokens, which are then consumed as credits to process images. For example, the $12 plan processes approximately 1,200 images per month, the $20 plan about 5,000 images, and the $36 plan about 10,000 images per month. These token consumption figures are provided as estimates for batch processing.
• Software: The MetaPhotoAI desktop application available for download on Mac or Windows.

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2. Product Overview and Authorized Use

2.1 Product Nature

• MetaPhotoAI is a desktop application that generates Metadata (titles, descriptions, keywords, and categories) for your stock photos using advanced AI.
• The associated Website (https://metaphotoai.com) is used solely for account management, including checking your token balance, purchasing additional tokens, canceling your subscription, and downloading the latest version of the application.

2.2 Authorized Use

• Scope: You are authorized to use the Metadata generated through MetaPhotoAI for personal and commercial purposes, including submission to stock photo agencies.
• User Obligations:
  • You are responsible for reviewing and, if necessary, editing the Metadata before submission to any third party, as we do not guarantee that the AI's output is accurate or free from errors.
  • You must ensure that the way you use the generated Metadata complies with all applicable local and international laws.
  • You agree not to use the Metadata for sensitive subjects including, but not limited to, content related to child exploitation, abuse, rape, drug addiction, pornography, defamation, political propaganda, lewd nudity, or discriminatory practices.

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3. Intellectual Property Rights

• Transfer of Rights: Upon generation of Metadata, all intellectual property rights in the Metadata are transferred to you. This transfer is effective immediately upon creation.
• No Guarantee of Third-Party Rights: While you own the rights to the generated Metadata, MetaPhotoAI cannot guarantee that such Metadata does not infringe on the intellectual property rights of third parties. It is your responsibility to ensure that submission of Metadata to external agencies (or any other use) does not violate any third-party rights.

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4. Software License and Use

• License Grant: Subject to your compliance with this Agreement, we grant you a non-exclusive, non-transferable, revocable license to download and use the MetaPhotoAI desktop application solely for its intended purpose.
• Software Updates: We may provide updates or modifications to the application at our discretion. It is your responsibility to ensure you are using the latest version for optimal performance.

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5. Service Performance and Limitations

• Disclaimers:
  • MetaPhotoAI's performance depends on the integration of third-party AI models. We do not warrant uninterrupted or error-free service.
  • Delays or inaccuracies in generating Metadata may occur due to technical issues, network problems, or unexpected variations in AI performance.
• No Endorsement or Guarantee: We assume no responsibility for the correctness, legality, or appropriateness of the Metadata generated. If you believe that the output may be inaccurate, offensive, or otherwise problematic, you should review it thoroughly and contact support if needed.

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6. Pricing, Payment, and Refunds

• Pricing Model:
  • MetaPhotoAI operates on a monthly subscription basis combined with a token-based consumption model.
  • Tokens are deducted in varying amounts depending on the processing method; for batch processing (generating titles, descriptions, keywords, and categories simultaneously), approximate processing capabilities are provided for each plan:
    • $12 Plan: ~1,200 images per month
    • $20 Plan: ~5,000 images per month
    • $36 Plan: ~10,000 images per month
• Refunds:
  • Refunds are provided solely at our discretion. By downloading and using MetaPhotoAI, you agree that refunds are not guaranteed.
  • In cases of fraudulent activity or technical errors necessitating changes to token counts, your account may be suspended and tokens adjusted or removed.
  • Subscriptions may be canceled if payments are deemed fraudulent, also at our discretion. For refund inquiries, please email [email protected] with your reason for a refund. We will evaluate your request accordingly.

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7. Account Management and User Identification

• Account Registration:
  • You must be at least 18 years old and meet any identification requirements to register and use MetaPhotoAI.
  • You agree to provide accurate and complete information during account registration, and you are responsible for all activities that occur under your account.
• Suspension and Termination:
  • We reserve the right to suspend or terminate your account at any time for serious violations of this Agreement (including, but not limited to, fraudulent activity, unauthorized use, or hacking attempts).
  • You may request to close your account through the Website, although the process may require up to one week for manual processing.

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8. Tax Liability

• User Responsibility:
  • You are solely responsible for ensuring that your invoicing information is correct and for complying with any tax declarations or obligations required by your country of residence.
• Disclaimer:
  • MetaPhotoAI is not liable for any tax issues arising from errors in invoicing or misrepresentations of your invoicing data.

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9. Data Collection and Privacy

• Data Practices:
  • When you create an account, we collect certain personal information to personalize your experience, secure your account, and prevent fraud.
  • Our Website utilizes Cloudflare, Google services, and other tools to manage data and provide secure access.
• Privacy Policy:
  • For detailed information on our data collection, usage, and protection practices, please refer to our Privacy Policy available at https://metaphotoai.com/privacy-policy.

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10. Indemnification

• Your Agreement:
  • You agree to defend, indemnify, and hold harmless MetaPhotoAI, its owners, employees, agents, and affiliates from any claims, damages, losses, liabilities, or expenses (including legal fees) arising out of or related to your violation of this Agreement or your use of the service.

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11. Modifications to the Agreement

• Changes:
  • We reserve the right to modify or update this Agreement at any time.
  • Should we make significant changes, we will provide notice via the Website or by email at least 7 days before the changes take effect. Continued use of MetaPhotoAI after the modifications constitute your acceptance of the revised terms.

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12. Contact Information

For any questions, issues, or requests regarding these Terms and Conditions, please contact us at:
[email protected].