Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING FOTOMEDLEY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE OR SERVICES.

These Terms of Service, this "Agreement" or "Terms", are a legal agreement between you and AgileTrack Software, LLC.

FotoMedley.com and related services are operated by AgileTrack Software, LLC. Throughout the Site, the terms "we", "us", and "our" refer to AgileTrack Software, LLC. The "Service" includes FotoMedley.com, the Site, and the tools, software, pages, account features, upload features, AI-assisted processing features, digital downloads, subscriptions, credit systems, physical products, and related services we provide.

These Terms apply to all users of the Service. Additional terms, product descriptions, checkout terms, subscription details, or policies may apply to particular features or purchases. If additional terms conflict with these Terms, the additional terms control for that feature or purchase.

We may update these Terms by posting revised Terms on the Site. Your continued use of the Service after changes are posted means you accept the revised Terms.

You may use the Service only if you can form a binding contract with FotoMedley and only in compliance with these Terms and applicable law. Accounts and purchases must be created by adults or by users old enough to form a binding contract where they live. Minors may use the Service only with the involvement and permission of a parent or legal guardian. The Service is not intended for children under 13 to create accounts or use the Service on their own.

You are responsible for the accuracy of information you provide, for maintaining control of your account and authentication methods, and for all activity under your account. You must notify us promptly if you believe your account has been compromised.

You may create separate accounts using alternate or plus-addressed email forms where supported by the Service, but doing so does not create additional eligibility for promotional, trial, free, base, or complimentary credits. You may not use disposable emails, blocked email addresses or domains, or other evasive methods to avoid verification controls, security checks, payment controls, or enforcement actions. We may silently decline signup attempts from blocked email addresses or domains.

We may refuse, suspend, limit, or terminate access to the Service if we believe an account, upload, project, payment, order, or use of the Service violates these Terms, creates risk for FotoMedley or others, or is otherwise harmful or unlawful.

FotoMedley provides creative tools that may allow users to upload photos or other content, create projects, select styles, generate or edit images, assemble books or other products, download digital outputs, purchase credits or subscriptions, and order physical products.

We may add, change, suspend, discontinue, or limit any part of the Service at any time. We may also establish technical, storage, credit, usage, file-size, moderation, output, or product limits. We are not liable to you or any third party for modifying, suspending, or discontinuing the Service or any part of it.

The Service is operated from the United States and may not be appropriate, available, lawful, or fully functional in every country or region. We may limit or refuse access to features, products, payments, subscriptions, downloads, shipping, or other parts of the Service in particular locations. If you access the Service from outside the United States, you are responsible for complying with local laws that apply to you, your User Content, your Generated Outputs, your purchases, and your use of the Service.

Service descriptions, prices, promotions, availability, shipping estimates, product details, and other information may contain errors, inaccuracies, or omissions. We may correct them and may refuse or cancel orders affected by them, including after an order has been submitted, to the extent allowed by law.

FotoMedley collects and processes server-side usage, performance, security, and operational analytics data as a required part of providing the Service. This may include account identifiers, IP address, browser and device information, timestamps, pages or features used, project or job identifiers, credit and purchase events, upload and generation workflow events, error logs, performance data, moderation or abuse-prevention signals, and related metadata.

We use this data to provide, operate, secure, maintain, troubleshoot, support, bill for, measure, and improve the Service; prevent fraud or abuse; enforce these Terms; and understand reliability and feature usage. We do not use operational analytics data for third-party advertising, cross-context behavioral advertising, or AI model training.

You may not intentionally interfere with, disable, falsify, overload, or evade Service logging, metering, security, fraud-prevention, or operational analytics systems.

"User Content" means content you upload, submit, create, save, transmit, or otherwise provide through the Service, including photos, images, prompts, captions, labels, names, project details, book details, shipping information, feedback, and related metadata. "Generated Outputs" means images, files, books, downloads, previews, text, or other materials produced by or through the Service from User Content, prompts, style selections, templates, automated systems, or other inputs.

FotoMedley does not claim ownership of your User Content. As between you and FotoMedley, you retain whatever rights you have in your User Content.

You grant FotoMedley a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, copy, reproduce, modify, adapt, resize, transform, analyze, moderate, process, create derivative works from, display, transmit, distribute, and otherwise use your User Content and Generated Outputs only as reasonably necessary to provide, operate, secure, maintain, troubleshoot, support, and improve the reliability, safety, and functionality of the Service; create, process, display, download, print, ship, and fulfill your projects and orders; enforce these Terms; comply with law; and work with service providers that help us provide the Service.

We do not use private User Content or private Generated Outputs to advertise or promote FotoMedley, and we do not use User Content or Generated Outputs to train AI models. We require AI technology providers and other service providers that process User Content or Generated Outputs for us not to use that content to train their models.

We may use User Content or Generated Outputs to promote FotoMedley only if you expressly authorize us to do so, such as by submitting content for promotional use or by making content available through a feature that clearly identifies it as public or promotional.

This operational license continues for as long as needed to provide the Service and for retention, backup, legal, security, accounting, support, and compliance purposes. If you delete User Content or delete your account, we will handle retained copies as described in our Privacy Policy and applicable law.

If you submit feedback, ideas, suggestions, or proposals, you grant FotoMedley a perpetual, worldwide, irrevocable, royalty-free license to use them without restriction or compensation.

You are solely responsible for your User Content, your prompts, your use of Generated Outputs, and your use of the Service. You represent and warrant that you have all rights, permissions, consents, and authority needed to upload your User Content, process it through the Service, create Generated Outputs, order products, and use, publish, distribute, sell, or otherwise exploit any resulting materials.

This responsibility includes rights and permissions related to copyright, trademark, privacy, publicity, likeness, names, minors, personal information, property, and any other rights that may apply to the people, places, objects, art, brands, or other materials shown or referenced in your User Content or Generated Outputs.

FotoMedley may attempt to enforce content, safety, and intellectual-property policies, but we generally cannot determine whether User Content or Generated Outputs infringe copyright, trademark, privacy, publicity, contractual, or other rights. We do not provide legal review, rights clearance, ownership determinations, copyright determinations, or permissions advice. You are responsible for reviewing your User Content and Generated Outputs before using them.

You agree not to use the Service to upload, create, process, order, publish, distribute, or otherwise use content that:

• Is unlawful, harmful, abusive, harassing, hateful, threatening, defamatory, obscene, exploitative, sexually explicit, violent, deceptive, invasive of privacy, or otherwise objectionable.
• Sexualizes or exploits minors, depicts child sexual abuse material, or otherwise harms minors.
• Infringes or violates intellectual-property, privacy, publicity, contractual, or other rights.
• Impersonates another person or misrepresents your affiliation, identity, rights, permissions, or authority.
• Contains malware, viruses, destructive code, or other harmful technical material.
• Attempts to evade moderation, security, usage limits, payment systems, or other Service controls.
• Violates any applicable law, regulation, or third-party agreement.

Images or other User Content rejected as disallowed content may be removed, hidden, or purged. Upload validation for disallowed images still consumes the applicable upload credit, and we do not refund credits for images rejected because they violate these content policies.

The Service may use automated systems, machine-learning models, AI technology, and third-party AI providers to analyze, moderate, transform, generate, edit, or otherwise process User Content and Generated Outputs. We do not use User Content or Generated Outputs to train AI models, and we require AI providers that process content for us not to use that content to train their models.

AI-assisted and automated features may produce unexpected, inaccurate, incomplete, offensive, restricted, or unusable results. Generated Outputs may resemble existing works, people, styles, brands, or other materials. FotoMedley does not guarantee that any Generated Output is unique, protectable, accurate, suitable for a particular use, lawful to use in every context, non-infringing, or free from third-party rights.

You are solely responsible for deciding whether and how to use, publish, distribute, sell, print, or otherwise exploit Generated Outputs. FotoMedley does not indemnify you, defend you, or accept liability for claims arising from your User Content, prompts, Generated Outputs, orders, publications, sales, derivative works, or other uses of the Service.

Subject to your compliance with these Terms, FotoMedley grants you a license to use Generated Outputs according to the account type, subscription, product, or purchase under which the output was created or delivered.

Generated Outputs may be created, stored, displayed, or delivered in both brand-marked and unmarked versions. Unless you have current Pro access or another product right that expressly allows unmarked access, the Service may show, share, or deliver only the FotoMedley brand-marked version of a Generated Output. You may not remove, hide, crop out, obscure, alter, or misrepresent any FotoMedley brand mark, watermark, attribution, or notice.

For non-Pro accounts and non-Pro purchases, Generated Outputs are licensed for personal, non-commercial use only. You may not use non-Pro Generated Outputs for commercial purposes, including sale, resale, paid advertising, merchandise, client work, stock content, commercial publishing, business branding, or commercial derivative works, unless FotoMedley gives you written permission or the applicable product terms expressly allow it.

While your account has current Pro access, or while you have another purchase right that expressly includes unmarked access, the Service may allow you to view, download, or otherwise receive the unmarked version of eligible Generated Outputs. If your Pro access ends or is suspended, future viewing, sharing, or downloads through the Service may return to the brand-marked version unless another active product right applies.

For Pro accounts, active Pro subscriptions, or purchases that expressly include Pro output rights, FotoMedley grants you a broader non-exclusive license to use the applicable Generated Outputs for personal or commercial purposes, including reproduction, display, distribution, sale of physical or digital items, client work, advertising, and creation of derivative works. Pro output rights remain subject to these Terms, the rights you have in your User Content, third-party rights, and applicable law.

No output license transfers ownership of FotoMedley software, templates, style systems, prompts, workflows, user interface, brand assets, sample content, trademarks, service marks, logos, or other FotoMedley materials. You may not use FotoMedley marks except as allowed by us in writing or as included in unmodified branded non-Pro outputs.

The Service, software, design, interfaces, workflows, templates, styles, prompts, samples, documentation, brand assets, and other FotoMedley materials are owned by FotoMedley or its licensors and are protected by intellectual-property and other laws.

Except as expressly allowed by these Terms, you may not copy, reproduce, modify, adapt, translate, reverse engineer, decompile, scrape, crawl, harvest, sell, resell, sublicense, distribute, publicly perform, publicly display, or create competing products or services from the Service or FotoMedley materials.

You may not access the Service through automated means, bypass usage limits, interfere with security features, probe or attack our systems, or use the Service to develop or train a competing product or service without our written permission.

Some features require credits, a subscription, a one-time purchase, or other payment. Prices, credit costs, subscription terms, renewal periods, product availability, and included features may change over time.

Payments are processed by third-party payment processors. We do not intend to store full payment card numbers on FotoMedley systems. By purchasing through the Service, you authorize the applicable payment processor and FotoMedley to process payment-related information and charges associated with your purchase, subscription, renewal, taxes, fees, refunds, or adjustments.

Credits have no cash value, are not a stored-value account, are not transferable, and may be used only within the Service. Credits may be consumed when you upload content, process content, generate outputs, order products, or use other paid features. We may grant, reverse, refund, expire, or adjust credits as reasonably necessary to operate the Service, correct errors, address failed processing, enforce these Terms, or comply with law. We do not refund upload credits consumed by validation of disallowed images or other content rejected for violating these Terms.

Credit purchases are final except where required by law or expressly stated in a specific product offer.

Promotional, trial, free, base, or otherwise complimentary credits are limited to one eligible account per canonical email lineage or other eligibility grouping as determined by FotoMedley. Additional accounts created with plus-addressed emails, aliases, or other alternate email forms do not receive separate complimentary-credit eligibility. We may withhold or reverse credits if we believe duplicate accounts, disposable emails, blocked email addresses or domains, or other evasive methods were used to obtain additional credits.

Subscriptions may renew automatically unless cancelled before the renewal date. If payment fails, we may suspend or cancel subscription benefits, Pro rights for future outputs, account features, credits, or access to paid services. Cancelling a subscription stops future renewals but does not necessarily refund past charges or restore consumed credits.

Refunds, credits, replacements, or adjustments are provided at our discretion unless required by law or expressly stated in a specific product offer. Processing failures, rejected content, provider outages, user error, or dissatisfaction with AI-assisted results do not automatically entitle you to a refund.

Credits or fees consumed for completed AI-assisted processing are not refunded merely because you dislike, cannot use, or are dissatisfied with the result, except where required by law.

When you start paid digital processing or generation, you request that FotoMedley begin providing that digital service immediately. Once processing begins or credits are consumed, any cancellation, withdrawal, refund, replacement, or credit return is available only at our discretion or where required by law.

Some services may allow you to order printed books or other physical products. You are responsible for reviewing projects, previews, text, images, shipping information, and order details before submitting an order.

Orders are generally printed and shipped within about one week after we receive and accept the order, but this is an estimate and not a guarantee. Production, review, moderation, payment, provider, inventory, carrier, weather, customs, address, or other delays may affect fulfillment.

For international orders, you or the recipient may be responsible for customs duties, import taxes, brokerage fees, local charges, import restrictions, refused-delivery costs, address-format issues, and other requirements imposed by the destination country or carrier. We may refuse, delay, or cancel an international order if we believe it cannot be lawfully or reasonably fulfilled.

We may refuse, pause, cancel, refund, reprint, or replace an order if we believe the order violates these Terms, contains prohibited content, presents legal or safety risk, includes an error, cannot be fulfilled, or should otherwise not proceed. We are not responsible for delays or failures caused by inaccurate shipping information, carrier issues, customs, user-provided content, third-party providers, or events outside our reasonable control.

We may, but are not required to, review, moderate, screen, restrict, reject, remove, hide, purge, or disable access to User Content, Generated Outputs, accounts, projects, orders, or other activity.

We may use automated systems, human review, third-party providers, user reports, legal notices, payment signals, security signals, and other information to enforce these Terms. Moderation and enforcement may be imperfect and may produce false positives or false negatives.

We may suspend, terminate, limit, or delete accounts; cancel orders; remove access to features; withhold or reverse credits; or preserve and disclose information if we believe it is reasonably necessary to enforce these Terms, comply with law, respond to rights claims, provide support, prevent fraud or abuse, protect safety, or protect FotoMedley, users, service providers, or the public.

Our Privacy Policy explains how we collect, use, and share personal information. By using the Service, you agree that FotoMedley may collect, use, share, transfer, and retain information as described in the Privacy Policy.

The Service may rely on, integrate with, or link to third-party services, including payment processors, authentication providers, hosting and storage providers, analytics providers, AI technology providers, fulfillment providers, shipping carriers, and external websites.

FotoMedley is not responsible for third-party services, sites, policies, content, actions, failures, outages, terms, or practices. Your use of third-party services may be subject to separate terms and policies.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SERVICE, USER CONTENT PROCESSING, GENERATED OUTPUTS, DOWNLOADS, PREVIEWS, PHYSICAL PRODUCTS, CREDITS, SUBSCRIPTIONS, AND ALL FOTOMEDLEY MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.

FOTOMEDLEY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AVAILABILITY, SECURITY, AND RELIABILITY.

FOTOMEDLEY DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, UNIQUE, LAWFUL FOR YOUR INTENDED USE, FREE OF HARMFUL COMPONENTS, FREE OF THIRD-PARTY RIGHTS, OR SUITABLE FOR COMMERCIAL USE.

No written or oral advice, support, review, moderation decision, product description, sample, preview, or communication from FotoMedley creates any warranty not expressly stated in these Terms.

FotoMedley does not provide legal advice, intellectual-property clearance, copyright review, privacy review, publicity-rights review, or other legal review for User Content, Generated Outputs, orders, publications, commercial uses, or derivative works.

FotoMedley does not indemnify, defend, reimburse, or hold you harmless for any claim, demand, liability, loss, cost, or expense arising from or related to your User Content, prompts, Generated Outputs, projects, orders, commercial use, publication, distribution, sale, derivative works, or other use of the Service.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, FOTOMEDLEY AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES; LOST PROFITS; LOST REVENUE; LOST GOODWILL; LOST DATA; BUSINESS INTERRUPTION; SUBSTITUTE SERVICES; OR CLAIMS ARISING FROM YOUR USER CONTENT, GENERATED OUTPUTS, ORDERS, PUBLICATIONS, COMMERCIAL USES, DERIVATIVE WORKS, OR USE OF THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, FOTOMEDLEY'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO FOTOMEDLEY FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE THREE MONTHS BEFORE THE CLAIM AROSE OR ONE HUNDRED U.S. DOLLARS.

Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, the exclusions and limitations apply to the maximum extent allowed by law.

You agree to defend, indemnify, and hold harmless FotoMedley and its owners, officers, employees, contractors, agents, affiliates, service providers, and licensors from and against any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable attorney fees, arising from or related to:

• Your User Content, prompts, Generated Outputs, projects, orders, publications, commercial uses, derivative works, or other use of the Service.
• Your violation of these Terms or applicable law.
• Your infringement or alleged infringement of intellectual-property, privacy, publicity, contractual, or other rights.
• Your fraud, misconduct, negligence, or misuse of the Service.

You may request account deletion through the account deletion process we provide or by contacting us. Account deletion may remove access to your account, projects, uploads, Generated Outputs, credits, subscriptions, order history, and related services. Certain records may be retained as described in our Privacy Policy and as required or permitted by law.

We may suspend, terminate, delete, or limit your account or access to the Service at any time if we believe you violated these Terms, created risk, failed to pay amounts owed, misused the Service, or engaged in unlawful, fraudulent, abusive, or harmful activity.

Termination does not limit any rights or remedies available to FotoMedley and does not affect provisions that by their nature should survive, including intellectual-property terms, output restrictions, payment obligations, disclaimers, limitations of liability, indemnity, governing law, and dispute provisions.

We may provide notices by email, postings on the Site, account messages, checkout notices, or other reasonable means. You agree that service, account, security, legal, billing, and administrative messages are part of the Service and may not be fully opt-out eligible.

You may contact us at info@fotomedley.com.

FotoMedley respects intellectual-property rights and expects users to do the same. We may disable or terminate accounts of users who violate these Terms or infringe the rights of others.

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual-property rights have otherwise been violated, provide us with:

• Electronic or physical signature of the individual authorized to act on behalf of the copyright or intellectual-property owner.
• Description of the copyrighted work or intellectual property that you believe has been infringed.
• Description of the location on the Site or Service that you allege is infringing.
• Your physical address, telephone number, and email address.
• A statement that the disputed use is not authorized by the owner, agent, or law.
• A statement under penalty of perjury that the notice information is truthful and accurate, and that you are the owner or authorized representative.

The FotoMedley agent for notices can be contacted by telephone at (801) 999-0697 or by email at info@fotomedley.com.

The relationship between you and FotoMedley is governed by the laws of the state of Utah without regard to conflict-of-law provisions. Claims, causes of action, or disputes arising out of or relating to these Terms or your relationship with FotoMedley must be filed in courts having jurisdiction in Utah or the United States District Court located in that state. You and FotoMedley agree to submit to those courts' jurisdiction and waive objections to jurisdiction or venue.

Nothing in these Terms is intended to limit non-waivable rights or remedies you may have under consumer-protection, privacy, or other laws that apply where you live.

These Terms, together with the Privacy Policy and any applicable feature-specific or purchase-specific terms, make up the entire agreement between you and FotoMedley regarding the Service.

If FotoMedley fails to enforce any provision, that failure is not a waiver. If any provision is found invalid or unenforceable, the remaining provisions remain in effect. You may not transfer your account or assign these Terms without our written consent. FotoMedley may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or operation of law.

Any claim or action arising out of or related to the Service or these Terms must be filed within two years after the claim or cause of action arose, unless applicable law requires a longer period.