1. Introduction

By using Brick.Photos , you confirm your acceptance of, and agree to be bound by, these Terms and Conditions along with our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you must not access or use our Site or services.

2. Agreement to Terms and Conditions

This Agreement takes effect on the date on which you first use the Brick.Photos application.

3. User Qualifications

The use of our Site and services is restricted to individuals who are 13 years of age or older. By accessing or utilizing Brick.Photos site or services, you affirm and guarantee that you are no less than 13 years of age and possess the legal ability to form a binding agreement. If you are under the age of 13 or do not have the legal ability to create a binding agreement, you are prohibited from accessing or utilizing our Site or services.

4. Service Offerings and Fee Structure

Brick.Photos operates as an online Software as a Service (SaaS) tool that allows users to create AI-generated photographs. Users can select from a range of photo packages available at set prices. By providing one or more personal photos in adherence to specific guidelines, users can obtain high-resolution AI-produced images. Comprehensive information about photo packages, pricing, and guidelines can be found on our Site.

5. User Material and Policy Guidelines

While utilizing our Site and services, you may provide us with photos and/or additional materials ("User Material"). You commit to abstaining from providing any User Material that: Contravenes any relevant law, regulation, or guideline; Violates others' intellectual property rights; Features any vulgar, pornographic, or derogatory content; Includes personal data of individuals below the age of 13; Incorporates any damaging or malicious software. We retain the authority to delete or decline any User Material at our sole judgment.

6. Intellectual Property and Trademark Rights

Within the boundaries of the law and in the context of the relationship between you and Brick.Photos , you retain ownership of your uploads. Concurrently, you acknowledge that all AI-generated photos ("Generations") are the property of Brick.Photos , and you undertake any required actions to facilitate this transfer of rights. Brick.Photos grants you the exclusive permission to copy and showcase the Generations, provided your adherence to these stipulations and our Content Policy is intact. In instances where a breach of our terms or Content Policy occurs, your privileges concerning the use of Generations will be forfeited. You recognize and agree that similar or matching Generations might be created by others using their unique inputs, and your entitlements are confined to the precise Generation that you have created.

7. Ownership

Customer Ownership: You maintain complete ownership of all the photos and data you upload, store, or transfer on our platform. We do not assert any entitlement or possession over your photos or data.

No Utilization Without Clear Consent: We prioritize honoring your privacy and securing the safety of your photos and data. We will not utilize, market, lease, or otherwise take advantage of your photos or data without securing your clear consent first.

Restricted Data Handling: We may handle your photos and data solely to facilitate our services to you, including but not limited to storage, access, backup, and data analysis, complying with pertinent privacy laws and guidelines.

Data Safety Protocols: We adopt adequate safety protocols to shield your photos and data from unauthorized entry, exposure, modification, or obliteration. Nonetheless, no transmission method over the internet or electronic repository is entirely secure, and we cannot assure complete protection.

Third-Party Admission: We will refrain from granting access to your photos or data to third parties, except if mandated by law, to adhere to legal duties, uphold our rights, curb fraud, or safeguard the rights, assets, or well-being of our users.

8. Refunds

Since generating AI photos requires significant resources on our side, we do not provide refunds. We offer free products for you to test the results before purchasing any offered package.

9. Disclaimer

Brick.Photos provides computational power and is not responsible for the result, as it is influenced by the input photos and parameters, which can vary due to the inherent randomness of AI. It is not warranted that Brick.Photos will meet your requirements or that its operation will be uninterrupted or error-free. All express and implied warranties or conditions not stated in this Agreement (including without limitation, loss of profits, loss or corruption of data, business interruption, or loss of contracts) are excluded and expressly disclaimed as permitted under applicable law.

10. Warranties and Limitation of Liability

Brick.Photos does not give any warranty, guarantee, or other term as to the quality, fitness for purpose, or otherwise of the service. Brick.Photos shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition, or other term, or any duty at common law, for any loss of profit or any indirect, special, or consequential loss, damage, costs, expenses, or other claims (whether caused by Brick.Photos 's negligence or the negligence of its servants or agents or otherwise) arising out of or in connection with the provision of any goods or services by Brick.Photos . Brick.Photos shall not be liable or deemed to be in breach of contract by reason of any delay in performing, or failure to perform, any of its obligations if the delay or failure was due to any cause beyond its reasonable control. Notwithstanding contrary clauses in this Agreement, in the event that Brick.Photos is deemed liable to you for breach of this Agreement, you agree that Brick.Photos 's liability is limited to the amount actually paid by you for your services or software. You hereby release Brick.Photos from any and all obligations, liabilities, and claims in excess of this limitation.

11. Indemnity Clause

Users, by using Brick.Photos , hereby agree to indemnify and hold harmless Brick.Photos against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (hereinafter “Claims”), arising out of and relating in any way to intellectual property infringement claims made against Brick.Photos concerning your User Material if such Claims inure to your benefit in any way. Users also agree to hold harmless and indemnify Brick.Photos against all Claims relating in any way to your use of Brick.Photos . This indemnity includes reimbursement to Brick.Photos for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of Brick.Photos , including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against Brick.Photos . Brick.Photos makes no warranties or representations concerning user content and is not responsible for unauthorized use. Users are responsible for using Brick.Photos only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use.

12. Responsibilities

Brick.Photos is not responsible for what the user does with the user-generated content.

13. General Terms and Law

This Agreement is governed by the laws of the Czech Republic. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Brick.Photos as a result of your use of these services. You agree not to hold yourself out as a representative, agent, or employee of Brick.Photos . You agree that Brick.Photos will not be liable by reason of any representation, act, or omission to act by you.

Last updated: 21 July 2024.