API Terms & Service

These API Terms of Use ("API Terms") govern your access to and use of Phota Labs, Inc.’s (“Phota Labs”) application programming interface and related developer services (the "API"), and any data, content, or output transmitted through or generated by the API (the "API Content"). By accessing or using the API, you agree to be bound by these API Terms and the following additional documents, including all future amendments or modifications thereto (collectively, and together with these API Terms, the "API Agreement"):

• Phota Labs’ Terms of Service, located at photalabs.com/api-terms-of-service (the “Terms”)
• Phota Labs’ Privacy Policy, located at photalabs.com/privacy-policy (the “Privacy Policy”)

All capitalized terms used herein without definition shall have the meanings afforded to them in the Terms. For purposes of these Terms, “you” and “your” means the person or entity using the Services. “Party” or “Parties” refers to one or both of the parties to this agreement, respectively. In the event of a conflict between the API Terms and the Terms, these API terms control with respect to your use of the API.

1. LICENSE AND USE RESTRICTIONS
   
   1. The API. Phota Labs makes the API available for the purpose of enabling you to integrate Phota Labs' proprietary photo processing, enhancement, generation, editing, and analysis services (the "Phota Labs Services") into software, applications, services, or products you create or offer (your "Application"). The term “API" means (i) any form of machine accessible application programming interface that Phota Labs makes available which provides access to Phota Labs Services, including all associated tools, elements, components and executables therein; (ii) any Phota Labs sample code that enables interactions with Phota Labs Services; and (iii) documentation related to the foregoing. "End Users" means any individuals who use your Application to access Phota Labs Services through the API.
   2. License Grant. Subject to your compliance with this API Agreement, Phota Labs grants you a non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the API solely to develop, test, and support your Application, and allow End Users to use your integration of the API within your Application. You may not use the API for any other purpose without Phota Labs' prior written consent. No rights or licenses are granted except as expressly set forth herein. This API Agreement does not entitle you to any support for the API.
   3. Use Restrictions. You will not, and will not permit your End Users to: (i) modify, copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer, decompile, or attempt to extract the parameter weights, architecture, or underlying structure of any machine learning models used in the API (except as expressly authorized under applicable law); (ii) create or disclose metrics about, or perform statistical analysis of, the API, or use the API on behalf of third parties (except as integrated within your Application); (iii) display API Content in a manner implying endorsement, affiliation, or sponsorship by Phota Labs; (iv) use the API in a manner that impacts server stability, uses unreasonable bandwidth, adversely impacts other applications, or introduces malware; (v) use the API or API Content in violation of applicable law or third-party rights, including intellectual property, privacy, and personality rights; (vi) use the API to develop, train, or improve AI or machine learning models competing with Phota Labs' products or services; (vii) use the API in applications directed to individuals under 18, for clinical practice, medical advice, diagnosis, or treatment, or to process protected health information or sensitive health data; (viii) submit sensitive personal information to the API, including financial account information, government-issued identification numbers, or biometric data (except photographs for intended processing purposes), or request more data than necessary for your Application's functionality; (ix) make your Application available in a manner circumventing subscription requirements for Phota Labs Services, or use data accessed via the API for advertising or marketing purposes; or (x) use the API in violation of third-party service provider terms, including Google Gemini API and OpenAI API.
   4. Updates and Modifications. Phota Labs regularly updates and adds features to the API and may also remove or modify features. Phota Labs generally explains how to use new or modified features in the documentation and in communications about the API. You acknowledge and agree that Phota Labs may modify, amend, change, or deprecate all or part of the API at any time in its sole discretion. Phota Labs will use commercially reasonable efforts to provide you with thirty (30) days' prior notice of any material modifications to the API. You are responsible for monitoring updates to the API and must promptly develop, update, or modify your Application at your sole cost and expense to ensure it remains compatible and functions with the current version of the API. You acknowledge and agree that the failure to make such changes or modifications may result in your Application failing to work or operate as designed and may result in the suspension of your access to the API or termination of the API Agreement.
2. API ACCESS AND AUTHENTICATION
   
   1. Registration and API Keys. To access and use the API, you must register for a Phota Labs account and obtain unique authentication credentials ("API Key"). The API Keys are confidential and may not be sold, leased, transferred or sublicensed to any other party whether for direct commercial gain or otherwise, without express prior written permission from Phota Labs. You are responsible for maintaining the confidentiality of your API Key and for all activities that occur under your API Key. You will immediately notify Phota Labs of any unauthorized use of your API Key.
   2. Usage Limits. Phota Labs has the right to limit or suspend your use of or access to the API in its sole discretion and without prior notice or liability to you. Limitations may include technical limitations, such as call, volume and/or rate limits, or limits on your access to some or all of the API. You agree to such limitations and will not attempt to circumvent them.
   3. Authorization. By using the API, you agree to allow and authorize Phota Labs to access your Application and/or other materials related to your use of the API as reasonably requested by us to verify your compliance with this API Agreement.
3. YOUR RESPONSIBILITIES
   
   1. Compliance with Laws. You will comply with all applicable laws, regulations, and third-party rights in connection with your use of the API and operation of your Application,
   2. End User Consents and Data. “End User Data” means any data, content, images, photographs, or other materials that your End Users upload, submit, or otherwise provide through your Application, which is then processed through the API. You are solely responsible for (i) obtaining all necessary rights, licenses, permissions, and consents from your End Users to upload, submit, and process End User Data through the API; (ii) ensuring your End Users understand that their data will be processed by Phota Labs and our third-party service providers; (iii) complying with all applicable data protection and privacy laws with respect to End User Data; and (iv) providing terms of service that comply with applicable data protection law and regulations surrounding artificial intelligence. You acknowledge and agree that End User Data submitted through the API may be processed by Phota Labs' third-party service providers, including Google Gemini API and OpenAI API, in accordance with their respective terms of service and privacy policies, and you are responsible for informing your End Users of such processing.
   3. End User Support. You are solely responsible for the content, development, operation, support, and maintenance of your Application, as well as all activity related to your use of the API You are responsible for providing support to your End Users regarding your Application. Phota Labs is not obligated to provide support directly to your End Users.
   4. Application Requirements. Your Application must include: (a) a clear, conspicuous, and easily accessible privacy policy that complies with all applicable privacy and data protection laws and discloses that End User Data will be processed by Phota Labs and our third-party service providers (including Google and OpenAI), and provides links to Phota Labs' Privacy Policy, Google's Privacy Policy, and OpenAI's Privacy Policy; (b) terms of service that: (i) prohibit End Users from violating applicable laws or third-party rights; (ii) prohibit End Users under 18 years of age from using your Application (or require verifiable parental consent); (iii) include disclaimers regarding the accuracy and uniqueness of AI-generated content; (iv) disclaim any warranties regarding Output accuracy or fitness for a particular purpose; and (v) prohibit use of your Application for medical diagnosis, treatment, or advice.
   5. Attribution. You will not misrepresent your Application as being officially endorsed by, affiliated with, or provided by Phota Labs without our prior written consent.
4. THIRD-PARTY SERVICES AND GEOGRAPHIC RESTRICTIONS
   
   1. Use of Third-Party APIs. The API utilizes third-party services, including Google Gemini API and OpenAI API, to provide certain functionality. Your use of the API is subject to compliance with the terms of service and acceptable use policies of these third-party providers.
   2. Geographic Restrictions. Access to and use of the API may be limited based on your location. We do not guarantee that the API will be available in all locations. You may only make your Application available to End Users in regions where our third-party service providers authorize use of their services.
   3. Third Party Materials. Through the API, you may be able to send content to or link to third-party materials that are not owned or controlled by Phota Labs. Phota Labs does not endorse or assume any responsibility for such third-party sites, information, materials, products, or services. You use or link to any third-party materials at your own risk.
5. DATA AND CONTENT
   
   1. End User Data Ownership. As between you and Phota Labs, you retain all ownership rights in End User Data that you or your End Users submit to the API. Phota Labs does not claim ownership of End User Data.
   2. Output Ownership. You own all Output generated by the API based on End User Data, subject to the limitations that: (i) Output may not be unique; and (ii) our third-party service providers (such as Google and OpenAI) reserve certain rights as specified in their respective terms of service.
   3. License to Process. You grant Phota Labs and our third-party service providers (including Google Gemini API and OpenAI API) a limited license to access, use, process, and store End User Data solely to provide the API services to you, generate Output, comply with applicable law, enforce this API Agreement and our policies, and prevent abuse and maintain security.
   4. Data Practices. Phota Labs will process End User Data in accordance with our Privacy Policy. For paid API services, we do not use End User Data or Output to train, develop, or improve our models or services. End User Data is processed solely to provide you with the requested API services. End User Data submitted through the API may be processed by our third-party service providers in accordance with their respective data processing terms and privacy policies.
   5. Data Retention. Phota Labs will retain End User Data only for as long as necessary to provide the API services. Upon termination of your account, we will delete End User Data within thirty (30) days, except where retention is required by law.
6. INTELLECTUAL PROPERTY
   
   1. Phota Labs' Intellectual Property. As between Phota Labs and you, except for the End User Data and Output, the API, any API Content and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of Phota Labs and are protected by applicable intellectual property laws and treaties. The API Agreement does not grant you any ownership rights in the API.
   2. Your Intellectual Property. Subject to the limited licenses provided in the API Agreement, Phota Labs does not possess ownership or other rights in your Application, intellectual property, or other technology.
   3. Feedback. If you provide Phota Labs with feedback, suggestions, or recommendations regarding the API ("Feedback"), you grant Phota Labs an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use and exploit such Feedback without compensation or attribution to you.
7. CONFIDENTIALITY
   
   1. Confidential Information. "Confidential Information" shall mean the API and all other information disclosed to you that Phota Labs characterizes as confidential at the time of its disclosure, except for information which you can demonstrate: (a) is previously rightfully known to you without restriction on disclosure; (b) is or becomes, from no act or failure to act on your part, generally known in the relevant industry or public domain; (c) is disclosed to you by a third party as a matter of right and without restriction on disclosure; or (d) is independently developed by you without access to the Confidential Information, as proven by your contemporaneous written records.
   2. Obligations. You shall use your best efforts to preserve and protect the confidentiality of the Confidential Information at all times, both during the term hereof and for a period of at least three (3) years after termination of this API Agreement, provided, however, that any source code you receive shall be held in confidence in perpetuity. You shall not disclose, disseminate or otherwise publish or communicate Confidential Information to any person, firm, corporation or other third party without the prior written consent of Phota Labs. You shall not use any Confidential Information other than in the course of the activities permitted hereunder.
   3. Disclosure Required by Law. If you are legally compelled to disclose any of the Confidential Information, then, prior to such disclosure, you will (i) immediately notify Phota Labs prior to such disclosure to allow Phota Labs an opportunity to contest the disclosure, (ii) assert the privileged and confidential nature of the Confidential Information, and (iii) cooperate fully with Phota Labs in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure and/or use of the Confidential Information. In the event such protection is not obtained, you shall disclose the Confidential Information only to the extent necessary to comply with the applicable legal requirements.
8. PAYMENT
   
   1. Fees. Phota Labs reserves the right to charge fees for use of or access to all or part of the API. Use of the API is subject to fees based on your subscription plan and usage. Fees are exclusive of all taxes, which you are responsible for paying. Phota Labs may modify fees upon thirty (30) days' notice. Your continued use of the API after the effective date of a fee change constitutes acceptance of the new fees. Fees are non-refundable except as required by law.
9. TERM AND TERMINATION
   
   1. Term. This API Agreement shall continue until terminated as set forth in this Section 9.
   2. Termination. Either party may terminate this API Agreement by written notice at any time, for any reason, or for no reason including, but not limited to, if you violate any provision of this API Agreement. Phota Labs may provide thirty (30) days' prior notice of termination without cause. Phota Labs may immediately suspend your access to the API without notice if your use of the API violates this API Agreement or our policies, your account is past due on payment, your use of the API poses a security risk or could result in liability to Phota Labs or third parties, or Phota Labs is required to suspend access by law or by our third-party service providers.
   3. Effect of Termination. Any termination of this API Agreement shall also terminate the licenses granted hereunder. Upon termination: (i) your license to use the API will immediately terminate; (ii) you shall destroy and remove from all computers, hard drives, networks, and other storage media all copies of the API, and API Content that is not owned by you; (iii) Phota Labs will delete End User Data within thirty (30) days, except where retention is required by law; (iv) you remain responsible for all fees incurred prior to termination; and (v) any terms in this API Agreement which, by the nature of its terms, contemplates survival beyond the termination or expiration of this API Agreement shall survive the termination or expiration of this API Agreement, including Sections 1.3, 5, 6, 7, 9.3, 10, 11, 12, and 13.
10. WARRANTY DISCLAIMER.
    
    1. DISCLAIMER. THE API AND API CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN ADDITION TO THE DISCLAIMERS CONTAINED IN THE TERMS, PHOTA LABS AND ITS VENDORS EACH DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND API CONTENT, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, PHOTA LABS DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API AND API CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
       
       THE API UTILIZES ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES PROVIDED BY THIRD-PARTY SERVICES, INCLUDING GOOGLE GEMINI API AND OPENAI API. OUTPUT GENERATED BY THE API MAY NOT BE UNIQUE, ACCURATE, COMPLETE, OR APPROPRIATE FOR YOUR INTENDED USE, AND MAY CONTAIN ERRORS, INACCURACIES, OR OFFENSIVE CONTENT. YOU SHOULD USE DISCRETION AND INDEPENDENT JUDGMENT BEFORE RELYING ON OR DISTRIBUTING OUTPUT. OUTPUT DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND.
       
       PHOTA LABS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE AVAILABILITY, FUNCTIONALITY, OR PERFORMANCE OF SUCH THIRD-PARTY SERVICES.‍
11. ‍LIMITATION OF LIABILITY. ‍
    
    1. Exclusion of Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND NOTWITHSTANDING ANY EXCLUSION OR LIMITATION OF DAMAGES SET FORTH IN THE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOTA LABS OR ITS VENDORS BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THESE API TERMS, YOUR USE OF THE API, OR YOUR APPLICATION, EVEN IF PHOTA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.‍
    2. Liability Cap. NOTWITHSTANDING ANY LIMITATION OF LIABILITY SET FORTH IN THE TERMS, WITH RESPECT TO YOUR USE OF THE API AND ANY CLAIMS ARISING OUT OF OR RELATING TO THESE API TERMS, PHOTA LABS' AGGREGATE LIABILITY TO YOU, YOUR END USERS, OR ANY OTHER THIRD PARTY SHALL IN NO EVENT EXCEED THE TOTAL FEES YOU PAID TO PHOTA LABS FOR THE API IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.‍
    3. Claims Period. ANY CLAIM ARISING OUT OF OR RELATING TO THESE API TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.‍
    4. Vendor Disclaimer. IN ADDITION, PHOTA LABS DISCLAIMS ALL LIABILITY OF ANY KIND OF PHOTA LABS' VENDORS.‍
    5. Exceptions. THE LIMITATIONS IN THIS SECTION 11 DO NOT APPLY TO YOUR BREACH OF SECTION 1.3 (LICENSE RESTRICTIONS) OR SECTION 7 (CONFIDENTIALITY), OR TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THE EXCLUSION OF DAMAGES IN SECTION 11.1 AND THE LIABILITY CAP IN SECTION 11.2 APPLY SPECIFICALLY TO CLAIMS ARISING OUT OF OR RELATING TO THESE API TERMS AND THE API, AND SUPERSEDE ANY DIFFERENT LIMITATION SET FORTH IN THE TERMS WITH RESPECT TO SUCH CLAIMS.‍
12. ‍INDEMNIFICATION
    
    1. In addition to the indemnification obligations set forth in the Terms, you agree to indemnify, defend, and hold harmless Phota Labs and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fees) arising from: (i) your Application; (ii) End User Data; (iii) your End Users’ use of your Application; and (iv) your failure to obtain necessary consents from your End Users as required by this API Agreement.‍
13. ‍GENERAL PROVISIONS ‍
    
    1. Modifications. Phota Labs reserves the right to modify this API Agreement at any time. Your continued use of the API after such modifications constitutes acceptance. If you do not agree to any modifications, you must immediately cease use of the API.‍
       
    2. Entire Agreement; No Third-Party Beneficiaries. This API Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements. There are no third-party beneficiaries to this API Agreement.‍
    3. Governing Law; Jurisdiction. This API Agreement shall be governed by and construed under the laws set forth in the Terms. Any dispute arising hereunder shall be brought exclusively in the state or federal courts sitting in San Jose, California and you hereby submit to the exclusive jurisdiction of such courts.‍
    4. Severability. If any provision of this API Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.‍
    5. Waiver. The failure of Phota Labs to act with respect to a breach of this API Agreement by you or others does not constitute a waiver and shall not limit Phota Labs' rights with respect to such breach or any subsequent breaches.‍
    6. Assignment. This API Agreement is personal to you and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving you) without Phota Labs' prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Phota Labs expressly reserves the right to assign this API Agreement and to delegate any of its obligations hereunder.
    7. Relationship. The parties are independent contractors. Nothing herein creates any partnership, joint venture, employment, or agency relationship.‍
    8. Export Controls. You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and you shall not export, or allow the export or re-export of the API in violation of any such restrictions, laws or regulations. By downloading or using the API, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.‍
    9. Equitable Relief. You agree that a breach by you of your obligations under this API Agreement would cause irreparable harm to Phota Labs, the extent of which would be difficult to ascertain; therefore, Phota Labs, in addition to its other remedies, will be entitled to equitable relief including specific performance and/or injunctive relief without the need to post bond or prove actual damages.‍
14. ‍CONTACT INFORMATIONIf you have any questions about these API Terms, please contact us at:

If you have any questions about these API Terms, please contact us at:

Phota Labs Inc.
Email: legal@photalabs.com