A. Service Overview and Eligibility

A.1. Service Provider

The services described in these Terms are provided by MyPhotoAlive.com, located at 30 N Gould St Ste N, Sheridan, WY 82801, USA.

A.2. Who May Use the Service

Our services are intended only for natural persons who have reached the age at which they can enter into a binding contract in their country or state of residence. By using our services, you confirm that you meet this legal age and capacity requirement and that you are eligible to use the services under applicable law.

A.3. Nature of the Services and Credits

MyPhotoAlive provides tools that use artificial intelligence to turn static photos into moving animations and related media ("Generated Content"). To access these functions, you purchase digital usage units called "Credits." Credits may be bought as one‑time bundles or granted on a recurring basis under a subscription plan. Credits are what you purchase; they are consumed when you run animations or similar processes. Buying Credits or a subscription gives you access to the service and processing capacity, but does not guarantee any specific visual style, performance level, or outcome.

A.4. Platform and Availability

The services are made available through our website at https://myphotoalive.com/ and through any other online interfaces or applications we operate (collectively, the "Platform"). While the Platform can be accessed from many locations, local laws may restrict the use of such services in some regions. You are solely responsible for ensuring that using the Platform is lawful where you are located.

A.5. Third‑Party Technology

Our services may rely on software, hosting, APIs, or other components provided by third parties. Those providers operate under their own terms and privacy policies, and we are not responsible for their acts, omissions, or service interruptions.

A.6. When These Terms Apply

These Terms apply whenever you access or use the Platform, whether or not you complete a purchase. They become fully effective and binding once you complete payment for Credits or a subscription. If you disagree with any part of these Terms, you must stop using the Platform immediately.

A.7. Immediate Delivery and Waiver of Withdrawal

Credits and Generated Content are digital items provided without physical media and are typically delivered or made available shortly after purchase. By placing an order, you request immediate performance and acknowledge that, to the extent permitted by law, any statutory "cooling‑off" or withdrawal period for digital content may no longer apply once delivery starts.

A.8. Changes to These Terms

We may modify these Terms from time to time. The version published on the Platform is the version that applies. Continued use of the Platform after changes have been posted constitutes your acceptance of the updated Terms. You are encouraged to review them periodically.

A.9. Personal Data

We process your personal data as needed to operate the Platform, provide services, manage billing, and comply with legal obligations, as described in our Privacy Policy. By using the Platform, you consent to this processing.

B. Accounts, Access, and Security

B.1. Creating an Account

To use paid features, you must register an account on the Platform. This typically involves selecting a subscription plan or Credit package and completing the registration steps presented on the site.

B.2. Information You Must Provide

When setting up your account, you must provide at least:

• Your name.
• A valid email address.
• A unique and secure password.
• Your confirmation that you agree to these Terms and to our Privacy Policy.

B.3. Payment Details

To purchase Credits or a subscription, you must provide valid payment information and confirm that you are authorized to use the payment method you provide.

B.4. Accuracy and Verification

You agree that all information you submit is true, accurate, current, and complete, and that you will keep it updated. We may request corrections, additional information, or re‑verification of your details at any time.

B.5. Account Security

Your account is for your personal use only. You must keep your login credentials confidential and must not share your account with third parties. You are responsible for all actions taken using your credentials, whether or not you authorized them.

C. Payments, Subscriptions, Refunds, and Billing Disputes

C.1. Prices and Taxes

Current prices for subscriptions and Credit packages are displayed at checkout. Unless stated otherwise, prices are shown in U.S. Dollars (USD) and do not include any applicable taxes, duties, or levies. You are responsible for paying all such amounts required by law.

C.2. Payment Obligation

By confirming a purchase, you agree to pay all associated charges for the selected subscription or Credits. You should carefully review the price, plan, and term before finalizing your order.

C.3. Subscription Model and Credits

Many features are offered through recurring subscription plans that grant an allowance of Credits for each billing period (for example, monthly or yearly). Credits are consumed as you use the services and cannot be exchanged for cash.

C.4. Auto‑Renewal

UNLESS YOU CANCEL, YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH BILLING CYCLE. The renewal period will match your most recent subscription term and will be charged at the then‑current, non‑promotional rate to the payment method stored on your account.

C.5. Billing Cycle and Failed Payments

Subscription fees are typically charged on the same calendar day that your initial subscription payment was processed. If a payment attempt fails, we may try to process the charge again using the same payment method.

C.6. Cancelling a Subscription

TO AVOID BEING CHARGED FOR THE NEXT PERIOD, YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST 48 HOURS BEFORE YOUR NEXT SCHEDULED RENEWAL DATE. You can cancel at any time via your account settings on the Platform. Cancellation prevents future renewals but does not automatically entitle you to a refund for the current billing period.

C.7. Price Changes

We may adjust subscription prices from time to time. When we do, we aim to give reasonable notice via the Platform or email. If you do not agree to a new price, you must cancel your subscription before the price change takes effect.

C.8. Payment Processing

Payments are processed by third‑party payment processors. We do not store your full, sensitive card details. Your transactions are also governed by the terms and privacy policies of those processors, and we are not liable for issues arising from their systems or actions.

C.9. Refund Policy

• Initial 14‑Day Money‑Back Window: You may request a full refund of your first subscription payment if you contact us within fourteen (14) days of that initial purchase and none of the Credits included with that subscription have been used. Credits granted during sign‑up or trial flows do not by themselves disqualify you from this guarantee.
• Service Failure: If the services are significantly unavailable or fail to perform due to an issue attributable to us, you may be considered for a full or partial refund, depending on the severity and duration of the problem.
• Discretionary Refunds: In exceptional situations, we may, at our sole discretion, grant a full or partial refund even if the strict conditions above are not met.
• No Refunds After 14 Days or Once Credits Are Used: After the 14‑day period has passed, or once subscription Credits have been used, payments are non‑refundable unless required by law or we explicitly agree otherwise.

To request a refund or raise a payment concern, please contact us at hello@myphotoalive.com.

C.10. What Does Not Constitute a Service Failure

The services rely on generative AI and may produce results that are unexpected, imperfect, or not aligned with your personal preferences. When the system operates as designed and any dissatisfaction stems from your chosen inputs (such as uploaded photos or prompts), this is not treated as a service failure and does not create a right to a refund.

C.11. Billing Disputes

If you wish to dispute a charge, you must notify us in writing at hello@myphotoalive.com within thirty (30) days of the date of the charge. We may not be able to assist with disputes raised after that period.

D. Suspension, Termination, and Consequences

D.1. When We May Restrict Access

We may suspend or terminate your account, or restrict your use of the Platform, if we reasonably believe that:

• You have violated these Terms or failed to pay any amounts due.
• You are under the legal age to use the services in your jurisdiction.
• You are accessing the services from a location where use of the Platform is prohibited.
• Your conduct creates security, financial, or reputational risk for us or other users.
• You have engaged in unlawful or inappropriate activity, including any prohibited conduct described in Section E.

D.2. Notice of Suspension

Where reasonable and legally permissible, we will attempt to notify you by email about a suspension or restriction, including, when possible, the reason, duration, and any steps you can take to address the issue.

D.3. Illegal Activity

If we suspect that your use of the services involves illegal conduct, we may report this to relevant authorities and may permanently block your access to the Platform.

D.4. Termination by You

You may stop using the services at any time and may cancel your subscription as described in Section C. Cancelling a subscription will cause these Terms to end at the conclusion of your current paid billing period, except for provisions that are intended to survive termination.

D.5. Refunds When Access Ends

If your account is suspended or terminated because you breached these Terms, you are not entitled to a refund for unused Credits or remaining subscription time. If you choose to terminate or cancel for your own reasons, fees already paid are generally non‑refundable, subject to the refund rules in Section C.

E. Acceptable Use, Content Rules, and Intellectual Property

E.1. Proper Use and Responsibility

You agree to use the Platform only for lawful and appropriate purposes. You are solely responsible for the materials you upload and for the Generated Content created through your account.

E.2. Prohibited Content and Activities

You must not upload, generate, or share any content that:

• Is illegal, fraudulent, defamatory, obscene, pornographic, or sexually explicit.
• Depicts, promotes, or attempts the exploitation, abuse, or harm of children in any way.
• Encourages or constitutes harassment, blackmail, threats, or hate speech targeting any individual or group.
• Is used to impersonate another person or entity, or to create "deepfakes" or similarly deceptive media for malicious, deceptive, or unlawful purposes.
• Violates intellectual property, privacy, publicity, or other rights of any third party.
• Otherwise violates applicable laws or is reasonably deemed inappropriate or harmful by us.

E.3. Enforcement and Reporting

We may, but are not obligated to, review or monitor Generated Content and account activity. If we determine that you have violated these content rules, we may suspend or terminate your account immediately and without refund for unused Credits. We may also report suspected illegal content, including any child sexual abuse material, to law enforcement or other appropriate authorities.

E.4. License to Use the Platform

Provided that you comply with these Terms and pay all applicable fees, we grant you a limited, revocable, non‑exclusive, and non‑transferable license to access and use the Platform for your personal, non‑commercial use, within the limits of your active plan or Credits.

E.5. Usage Restrictions

You agree that you will not:

• Copy, resell, rent, or sublicense the Platform or its materials.
• Reproduce or reuse Platform content for commercial purposes, except as expressly allowed by us.
• Modify, adapt, or redistribute Platform code or materials beyond what is necessary for permitted use.
• Interfere with, disrupt, or damage the operation or security of the Platform.
• Attempt to reverse engineer, decompile, or otherwise derive the source code of any part of the Platform, except where allowed by law that cannot be waived.

E.6. Our Intellectual Property

MyPhotoAlive and its licensors own all intellectual property rights in and to the Platform, including the software, design, text, graphics, logos, and other materials. These Terms do not grant you any ownership rights in our intellectual property.

E.7. License You Grant in Generated Content

By generating content using the Platform, you grant us a worldwide, non‑exclusive, royalty‑free, transferable, sublicensable, perpetual, and irrevocable license to use, reproduce, display, perform, distribute, and create derivative works from that Generated Content for purposes such as operating, improving, and promoting the services, including in marketing and product demonstrations, unless and until you exercise any opt‑out options we may make available.

E.8. Your Rights and Consents

You represent and warrant that you have all necessary rights, licenses, and permissions to upload the materials you provide and to generate content from them. Where required by law, you must obtain consent from individuals depicted in the images you upload.

F. Risks, Disclaimers, and Indemnity

F.1. Entertainment Nature of the Service

The Platform is intended for personal, entertainment‑oriented use. Generated Content is an automated, artistic interpretation and should not be treated as factual, medical, legal, or professional advice. You agree not to use the services in ways that could cause emotional harm to yourself or others, including in connection with self‑image or identity issues.

F.2. Technical and Regulatory Risks

The Platform and services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error‑free operation. AI technologies may contain bugs or limitations and may produce results that are unexpected or technically imperfect. Laws and regulations governing AI may evolve and could affect how the services are offered or used in the future.

F.3. Indemnification

You agree to indemnify, defend, and hold harmless MyPhotoAlive.com, its affiliates, and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of or access to the Platform or Generated Content; (ii) your breach of these Terms; (iii) your violation of any third‑party rights; or (iv) any claim that materials you uploaded or generated caused harm to another person.

F.4. AI Output Disclaimer

You understand and agree that AI‑generated outputs are probabilistic and may not meet your expectations, be technically optimal, or be suitable for your particular purpose. When content is produced in line with your inputs and the service is functioning as intended, such outcomes do not constitute a failure of service and do not, by themselves, entitle you to refunds or other compensation.

F.5. Feedback

If you share feedback, suggestions, or ideas about the Platform, you do so voluntarily. You grant us a royalty‑free, worldwide, perpetual, irrevocable, transferable, and sublicensable license to use, adapt, and incorporate that feedback for any purpose without obligation to you. You may submit feedback or report issues through any support or "Report an issue" tools we make available.

G. Governing Law, Disputes, and Other Terms

G.1. Governing Law

These Terms and any disputes arising out of or relating to them are governed by the laws of the State of Wyoming, United States, without giving effect to conflict‑of‑law rules that would apply the laws of another jurisdiction.

G.2. Informal Dispute Resolution

If you have a concern or dispute, you agree to first contact us at hello@myphotoalive.com and give us a reasonable opportunity to address it informally. Many issues can be resolved through our support team without formal proceedings.

G.3. Arbitration Agreement

If a dispute cannot be resolved informally, you and MyPhotoAlive agree to resolve it through final and binding arbitration, rather than in court, except where these Terms specify otherwise. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Unless we agree on another location, the arbitration will be held in Sheridan, Wyoming.

G.4. Class Action Waiver

YOU AND MYPHOTOALIVE 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, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any class or representative proceeding.

G.5. Claims Excluded from Arbitration

This arbitration agreement does not apply to actions seeking injunctive or other equitable relief to prevent or stop unauthorized use of the Platform or infringement or misuse of intellectual property rights.

G.6. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or another entity, for example in connection with a merger, acquisition, or asset sale.

G.7. Sanctions and Restricted Parties

By using the Platform, you confirm that you are not listed on any sanctions or restricted‑party lists maintained by the United States or other relevant authorities. If you become subject to such restrictions, you must stop using the services immediately.

G.8. Language

These Terms are written in English. If they are translated into other languages and there is a conflict, the English version will control.

G.9. Entire Agreement

These Terms, together with our Privacy Policy and any service descriptions or plan details presented on the Platform, form the entire agreement between you and MyPhotoAlive regarding your use of the services and supersede any prior or contemporaneous understandings or agreements on this subject.

G.10. Contact Information

If you have questions about these Terms or the services, you can contact us at hello@myphotoalive.com or by mail at the address listed in Section A.1. We aim to respond to inquiries within a reasonable time.