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Plain-English summary
Photoroom includes a mandatory individual arbitration agreement and a class action/jury trial waiver (risk_flags-1). There is no guarantee of service availability or data integrity, and any loss of data is at your own risk (risk_flags-2). Refunds are generally not provided for canceled subscriptions (risk_flags-3), and the company can terminate your agreement immediately for perceived violations, with you remaining liable for unpaid fees.
For data, the company has perpetual rights to use derived data from your personal information (data_use-1) and a perpetual, irrevocable license to your user content for service provision. They also claim perpetual ownership and broad usage rights over 'Company Data', and your user content may be used for AI training (data_use-4).
If you don't cancel your free trial, it will automatically convert to a paid subscription (cancellation_renewal-1), and trial users face automatic annual renewals if not canceled within 7 days.
90% confidence
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Risk Flags
3 findings
These clauses contain a high degree of risk and/or include language that is difficult to understand. These findings are rarely acceptable to the consumer and should be addressed immediately.
high95% confidence
Mandatory Arbitration and Class Action Waiver
These terms include a mandatory individual arbitration agreement and a class action/jury trial waiver, requiring disputes to be resolved through binding individual arbitration rather than jury trials or class actions.
Why it matters: You are required to resolve disputes through individual arbitration instead of court, and you waive your right to participate in class action lawsuits or jury trials.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT IN SECTION 10.9 AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 10.8 THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS IN SECTIONS 10.9 AND 10.8 OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10.9, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
Photoroom Terms and Conditions, paragraph 1 · Citation strength: strong
medium95% confidence
No Guarantee of Service Availability or Data Integrity for Stored User Content
The service does not guarantee the availability or reliability of its service or the integrity of its servers. The company states that whether backups are made, and if they can be restored, is at its discretion.
Why it matters: You may lose any images, files, or other data stored on the service, and the company does not guarantee that backups will be available for restoration.
Notwithstanding the foregoing, your use of the Service is entirely at your own risk. We do not guarantee the availability or reliability of our Service at any given time. We do not guarantee the integrity of, or the continued availability of, our servers. Whether we make backups, and if so, whether the restoration of those backups will be available to you, is at our discretion. Your sole remedy for the loss of any images or files or other data you may have stored on our Service is to discontinue your use of the Service.
These clauses describe how the company collects, processes, and shares your data. They may also include information about your rights regarding your data.
high95% confidence
Perpetual Rights to Derived Data from Personal Data
The company collects, analyzes, uses, and discloses data derived from personal data that is anonymized and/or aggregated. The company will have the perpetual right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of this derived data for any business purpose.
Why it matters: The company can perpetually use, store, and modify anonymized and aggregated data derived from your personal information for any business purpose, and this derived data may be shared with affiliates and business partners.
Customer further agrees that we will have the perpetual right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of such derived data.
2.2.b. License to Personal Data, paragraph 1 · Citation strength: strong
medium95% confidence
Use of User Content for AI Training
By using the services, you acknowledge and authorize Photoroom to use User Content to improve, train, and develop its products and services.
Why it matters: Your submitted content may be used to train and develop Photoroom's AI products and services.
By using the Services, you acknowledge and expressly authorize Photoroom to use User Content to improve, train and develop Photoroom’s products and services.
2.2.c. License to User Content, paragraph 1 · Citation strength: strong
Cancellation and Renewal
1 finding
These clauses outline the terms and conditions for canceling subscriptions, automatic renewals, and related billing practices.
medium95% confidence
Automatic Subscription After Free Trial
If you do not cancel your free account before its expiration, your account will automatically convert to a paid subscription, and a subscription fee will be charged to your payment method.
Why it matters: You will be automatically charged for a paid subscription if you don't cancel your free trial before it ends.
UNLESS YOU CANCEL YOUR FREE ACCOUNT PRIOR TO EXPIRATION, YOUR ACCOUNT WILL AUTOMATICALLY BE SUBSCRIBED FOR PAID SERVICES PURSUANT TO THESE TERMS UPON EXPIRATION OF THE FREE TRIAL, AND A SUBSCRIPTION FEE FOR THE SERVICES WILL BE CHARGED TO YOUR PAYMENT METHOD.
These clauses contain conditions or restrictions that may be unexpected or easily overlooked by users.
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Protections
2 findings
These clauses contain commitments or features that benefit the user.
Protection95% confidence
No Storage of User Content by API
The company states that its application programming interface does not store any User Content.
Why it helps: This commitment indicates that your User Content is not permanently retained by the API, which can reduce privacy concerns related to data storage.
For clarity, our application programming interface does not store any User Content.
2.2.c. License to User Content, paragraph 1 · Citation strength: strong
Protection95% confidence
Opt-Out of User Content for AI Training
You can opt-out of the use of your User Content for improving, training, and developing the company's products and services by changing the settings on your account.
Why it helps: This provides you with control over how your User Content is used for AI training, allowing you to prevent its use if you choose.
By using the Services, you acknowledge and expressly authorize Photoroom to use User Content to improve, train and develop Photoroom’s products and services. You can opt-out of this at any time by changing the settings on your account, but please note that in some cases this may limit the ability of the Services to better address your specific use case.
2.2.c. License to User Content, paragraph 1 · Citation strength: strong
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