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Plain-English summary
Photoroom's terms include a mandatory individual arbitration agreement and a class action waiver, which significantly limits your ability to pursue legal action. The company claims perpetual ownership and broad usage rights over your usage data and anonymized user content, allowing them to use it for any business purpose. Additionally, your user content may be used to train and develop their products, and the company disclaims responsibility and liability for the content you submit. The terms also state that the service does not guarantee data availability or integrity, and backup restoration is at their discretion, with your only remedy for data loss being to discontinue the service. Be aware that free trials automatically convert to paid subscriptions, and data in free accounts may be lost if not exported or upgraded.
90% confidence
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High-Risk Flags
5 findings
These clauses contain significant risks that users should be aware of, as they can lead to material harm, irreversible consequences, or severely limit user rights.
high95% confidence
Mandatory Arbitration and Class Action Waiver
These Terms require 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, unless you opt out.
Why it matters: You waive your right to a jury trial and your ability to participate in class action lawsuits. Disputes must be resolved through individual arbitration, which can limit your legal recourse and may be less favorable than court proceedings.
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.
The company collects and owns 'Company Data', which includes Usage Data (interaction with Services, email address, services analytics, and other information from settings page) and Derivative Data (anonymized/aggregated user content data). The company states it will own this data solely and exclusively and can use it in perpetuity for any purpose permitted by applicable law.
Why it matters: The company claims perpetual ownership and broad usage rights over data collected from your usage and anonymized user content, allowing them to use this data for any business purpose without further consent.
All Company Data will be owned solely and exclusively by us and, for purposes of clarity, you agree that we may use the Company Data in perpetuity for any purpose permitted by applicable law.
**2.1.a. Ownership of the Services, Documentation, and Company Data**, paragraph 1 · Citation strength: strong
high85% confidence
Broad License to User Content for Company's Products
By using the Services, you acknowledge and expressly authorize Photoroom to use User Content to improve, train and develop Photoroom’s products and services.
Why it matters: Your user content may be used to train and develop the company's products and services, giving them a broad, ongoing right to leverage your content for their business development.
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
high90% confidence
Disclaimer of Responsibility for User Content
To the extent permitted under applicable law, the company takes no responsibility and assumes no liability for any User Content that Customer or any Authorized User or third-party submits, posts, or otherwise makes available through the Services. The customer is fully responsible for the User Content and its consequences.
Why it matters: The company disclaims liability for user-submitted content. You bear full responsibility and liability for the content you submit and any consequences it may have.
To the extent permitted under applicable law, we take no responsibility and assume no liability for any User Content that Customer or any Authorized User or third-party submits, posts, or otherwise makes available through the Services. As between Customer and us, Customer shall be fully responsible for the User Content and the consequences of submitting, posting, or otherwise making it available via the Services, and Customer acknowledges and agrees that we are acting only as a passive conduit for Customer’s and its Authorized Users’ online distribution of such User Content.
**2.2.c. License to User Content**, paragraph 2 · Citation strength: strong
high95% confidence
Lack of Data Guarantee and Discretionary Backups
The service does not guarantee the availability or reliability of the Service at any given time, nor the integrity or continued availability of its servers. Backups and their restoration are at the company's discretion. The sole remedy for data loss is to discontinue using the Service.
Why it matters: You risk permanent loss of your data (images, files) stored on the service, as the company doesn't guarantee availability, reliability, or data integrity, and backup restoration is at their sole discretion. Your only recourse is to stop using the service.
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.
**2.5. User Image Storage and Review**, paragraph 2 · Citation strength: strong
Data Use & Privacy
4 findings
These clauses describe how your data is collected, processed, and shared. They highlight how your personal information and content might be used by the service and third parties.
medium90% confidence
Collection and Perpetual Use of Anonymized/Aggregated Personal Data
The company may collect, analyze, use and disclose data derived from Personal Data, which is anonymized and/or aggregated such that identification is impossible, for any business purpose. They have the perpetual right to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of such derived data.
Why it matters: Even if your personal data is anonymized or aggregated, the company claims perpetual rights to use and share it for any business purpose, potentially leveraging your data indirectly for commercial gain.
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 2 · Citation strength: strong
medium90% confidence
Broad License for User Content
You grant the company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, publish, list information regarding, translate, distribute, publicly perform, publicly display, and make derivative works of all your User Content, and the likeness contained in it, in whole or in part, and in any form, media, or technology, solely for use in connection with the provision of the Services.
Why it matters: You give the company extensive rights to your user content, including the ability to sublicense and create derivative works, impacting your control over your content beyond the immediate use of the service.
Customer grants, and represents and warrants that it has all rights necessary to grant (including without limitation any necessary consents and authorizations from individual persons identified in the User Content and licenses from third-parties whose content is included in the User Content), to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, publish, list information regarding, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content, and the likeness contained in the User Content, in whole or in part, and in any form, media, or technology,
**2.2.c. License to User Content**, paragraph 1 · Citation strength: strong
medium90% confidence
Review of User Content for Bug Reporting
If you report a bug, error, or other issue, you will be required to share the affected User Content with a company representative who may review, decompile, or deconstruct it to improve, resolve, or modify the Services and other products.
Why it matters: When reporting issues, you must share your user content, which may then be extensively analyzed by the company, potentially exposing your content to internal review and use for product development beyond resolving the immediate issue.
You will be required to share that affected portion of your User Content with a representative of Photoroom. You acknowledge and agree that the Photoroom representative may review, decompile or otherwise deconstruct such User Content in order to improve, resolve, or modify the Services and any other Photoroom products and services.
**2.5. User Image Storage and Review**, paragraph 3 · Citation strength: strong
medium90% confidence
Prohibition on Machine Learning Use of Service Content
Users are prohibited from using any content (including caption information, keywords, or other metadata) from the Services for machine learning and/or artificial intelligence training or development purposes, or for technologies designed or intended for natural person identification.
Why it matters: You are restricted from using content obtained from the service for machine learning or AI development, especially for identifying individuals, which could limit certain applications or research you might want to conduct.
using any content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence training or development purposes, or for any technologies designed or intended for the identification of natural persons.
These clauses outline the conditions and procedures for canceling subscriptions, managing renewals, and obtaining refunds.
high90% confidence
Non-Refundable Payments and Non-Cancelable Obligations
Payment obligations are non-cancelable and, except as expressly stated, fees are non-refundable. If you downgrade from a paid plan to a free plan, you remain responsible for any unpaid fees under the paid plan.
Why it matters: All payments are generally non-refundable and payment obligations are non-cancelable, meaning you may not get money back if you stop using the service or downgrade your plan.
Payment obligations are non-cancelable and, except as expressly stated in the Agreement, fees are non-refundable. In the event Customer downgrades any subscriptions from a paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial Subscription Period.
Automatic Conversion of Free Trial to Paid Subscription
If you sign up for a Free Account, you must provide a valid payment method. Unless you cancel your Free Account before it expires, it will automatically convert to a paid subscription, and a subscription fee will be charged to your payment method upon expiration of the free trial.
Why it matters: Your free trial will automatically convert to a paid subscription and you will be charged unless you actively cancel it before the trial period ends. This requires vigilance to avoid unwanted charges.
At the time you sign up for a Free Account, you must provide a valid Payment Method in order to access the Free Trial. Your payment method will not be charged during the Free Trial. 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.
Any data entered into a Free Account may be permanently lost at the end of the trial period unless you purchase a subscription plan or export the data before the trial ends.
Why it matters: If you are using a free account, your data may be permanently deleted if you do not upgrade to a paid subscription or export your data before the trial period expires.
Any data that you enter into the Free Account may be permanently lost at the end of the trial period unless you (i) purchase a subscription plan for the Services, or (ii) export such data before the end of the trial period.
These clauses contain terms that might be unexpected, unclear, or have hidden implications for users.
medium90% confidence
Beta Products Provided "As Is" Without Warranty
Beta Products are provided "as is" and "as available," without any warranties or contractual commitments that the company makes for other services, to the extent permitted by applicable law.
Why it matters: Beta products may be unstable or contain bugs, and the company provides no warranties or guarantees for their performance or reliability. Any issues you encounter are at your own risk.
Beta Products are made available on an “as is,” and “as available" basis and, to the extent permitted under applicable law, without any warranties or contractual commitments we make for other Services.
Company Not Responsible for Customer Content Compliance
The company is not responsible for the content of any Customer Content or how customers use the services to store or process it. The customer is solely responsible for obtaining consents, providing notices, and ensuring compliance with all applicable data privacy and security laws for Customer Content.
Why it matters: You are fully responsible for ensuring your content complies with privacy laws and for obtaining necessary consents, meaning the company will not assist you with these compliance obligations, potentially exposing you to legal risks.
Customer represents and agrees that Customer is solely responsible for (i) providing notices and obtaining consents as from its Authorized Users for the collection, use, processing and transfer of Customer Content in connection with the Services; and (ii) ensuring compliance with all laws in all jurisdictions that may apply to Customer Content provided hereunder, including but not limited to all applicable international, federal, state, provincial and local laws, rules, and regulations relating to data privacy and security.
These clauses highlight commitments and features that are designed to protect users or provide them with significant benefits.
Not clearly stated: The document also states that the services are not intended or should not be used by anyone under the age of 13. However, this is largely a prohibition of use rather than an explicit protection, and does not specify a non-collection or deletion policy.
Protection90% confidence
Opt-out of User Content for Product Improvement
You can opt-out of Photoroom using your User Content to improve, train, and develop its products and services at any time by changing the settings on your account.
Why it helps: You have control over whether your user content is used for improving the company's products and services, allowing you to protect your content from this specific type of secondary use.
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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