Welcome to Photo Make! These Terms of Service ("Terms") constitute a legally binding agreement between you and Photo Make ("Photo Make", "Company", "we", "our", or "us", a service operated by BRAINFLEET LLC, a Wyoming limited liability company) governing your access to and use of photomake.ai and all related software, AI image generation tools, photo editing services, and AI detection features (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.
Photo Make provides a creative software platform that enables users to generate visual assets from text prompts, edit and enhance photographs, and analyze images for AI-generated characteristics using state-of-the-art diffusion and image generation models via our Photo Make Studio Engine (including versions 1.0 and 2.0). Photo Make is an independent platform and is not affiliated with, endorsed by, or sponsored by any third-party foundation model trademark holder.
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account, purchase a subscription, or use our Services. By using Photo Make, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.
To access image generation, editing, and detection features, you must register for an account. You agree to provide accurate, current, and complete registration and billing information and to keep it updated. You are solely responsible for safeguarding your account credentials and for all activity occurring under your account, whether or not authorized by you. Notify us immediately at [email protected] if you suspect any unauthorized access.
Photo Make is designed strictly for lawful, ethical, and creative visual production. Our AI models incorporate mandatory, automated prompt classifiers and content safety filters that prohibit, block, and refuse to generate illegal, sexually explicit, deceptive, or harmful content. You agree NOT to upload, prompt, generate, edit, or distribute any content that involves:
All text prompts and uploaded images are screened by automated multi-layer safety filters prior to and during model inference. If a prompt or uploaded image triggers our safety classifiers for NSFW, deepfake, NCII, CSAM, or unlawful content, the request is automatically blocked and no output will be generated. Photo Make reserves the right to immediately suspend or permanently terminate any account—without prior notice and without refund—that violates or attempts to violate Section 5 of these Terms, and to preserve and disclose records to law enforcement where required by law.
Platform IP: All software, source code, user interfaces, documentation, and branding on photomake.ai are owned by or licensed to Photo Make and are protected by international copyright and intellectual property laws.
Your Representations & Responsibility for Inputs: You retain ownership of the original photos you upload ("Inputs"). By uploading any Input or submitting any prompt, you represent and warrant that: (a) you own all rights in the Input or have obtained all necessary written licenses, permissions, and explicit consents from every recognizable person depicted in the Input; and (b) your Inputs and prompts do not violate any law or third-party right.
Generated Outputs & No Guarantee of Uniqueness: Subject to your active paid subscription and strict compliance with these Terms, we assign to you all commercial and personal usage rights we may hold in the lawful images you generate using the Services ("Outputs"). However, you acknowledge that due to the nature of machine learning, similar prompts may produce similar or identical Outputs for other users, and Photo Make makes no representation or warranty that any Output is unique, copyrightable in your jurisdiction, or free from third-party similarity claims. You are solely responsible for reviewing, verifying, and assuming all legal risk for your use, publication, or commercialization of any Output.
Photo Make respects the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please send a written notice complying with the Digital Millennium Copyright Act (17 U.S.C. § 512) to [email protected] including: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief that the use is not authorized; and (e) a statement made under penalty of perjury that the information is accurate and that you are authorized to act on behalf of the copyright owner.
Photo Make offers paid recurring subscription plans: the Pro Monthly Plan ($10.00 USD/month, 50 image credits per month) and the Pro Yearly Plan ($100.00 USD/year, 600 image credits per year). New accounts may also receive one-time starter credits upon sign-up. Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. Plan credits refresh at the start of each billing period, have no cash value, are non-transferable, and do not roll over. We reserve the right to modify our pricing prospectively; any price change will take effect only at the next renewal cycle following notice to you.
You may cancel your subscription at any time directly from your Account Billing Settings with one click, or by emailing [email protected]. Upon cancellation, you will continue to have access to your subscription features and remaining plan credits through the end of your current paid billing period, and no further recurring charges will be made. Refunds are governed by our Refund Policy.
THE SERVICES AND ALL OUTPUTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHOTO MAKE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI-GENERATED OR EDITED IMAGES WILL MEET YOUR SUBJECTIVE EXPECTATIONS, OR THAT OUR AI IMAGE DETECTOR WILL ACHIEVE 100% ACCURACY IN IDENTIFYING SYNTHETIC MEDIA. AI DETECTION SCORES ARE PROBABILISTIC ESTIMATES PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MUST NOT BE RELIED UPON AS DEFINITIVE LEGAL OR FORENSIC PROOF.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOTO MAKE, ITS OPERATING COMPANY, OFFICERS, MEMBERS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR ANY GENERATED OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100.00 USD).
You agree to defend, indemnify, and hold harmless Photo Make, its operating company, affiliates, officers, members, employees, and service providers from and against any and all third-party claims, demands, lawsuits, investigations, liabilities, damages, losses, fines, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Inputs, prompts, or your use, publication, or distribution of any Outputs; (b) your breach of these Terms or violation of our Acceptable Use Policy; or (c) your violation of any applicable law or the intellectual property, privacy, or publicity rights of any third party.
These Terms will be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles. Any legal proceeding shall be instituted exclusively in the state or federal courts located in Wyoming, USA, and you consent to the personal jurisdiction of such courts.
Class Action Waiver: To the fullest extent permitted by law, you and Photo Make agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
We may revise these Terms from time to time. Updated Terms will be posted on this page, and we will notify active subscribers of material changes. Your continued use of the Services after the updated Terms are posted constitutes your binding acceptance of the changes.
If you have any questions about these Terms, please contact us by visiting Contact Us or emailing us at [email protected] (Monday – Friday, responses within 24–48 business hours).