1. Acceptance of Terms

By accessing, creating an account, or using DescripShot's photo processing service ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). DescripShot is operated by Electric Chipmunks Ltd ("Company," "we," "us," or "our"). If you do not agree to these Terms, you may not use the Service.

You represent that you have the legal capacity to enter into this agreement. If you are under 18 years of age, you may only use the Service with parental or guardian consent. If you are accessing the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Service Description

DescripShot is an AI-powered photo processing service that analyzes uploaded images to generate metadata including descriptions, titles, tags, and keywords.This is not a social media platform or sharing service– we provide photo processing functionality specifically designed to enhance discoverability and organization of your images for stock photography, portfolio management, and similar professional purposes.

AI-Powered Analysis Disclosure

3. User Content and Intellectual Property Rights

3.1 Your Ownership Rights

3.2 Limited Processing License

By uploading photos to our Service, you grant us a limited, non-exclusive, worldwide license to:

• Store, cache, and backup your photos for service operation and user access
• Process and analyze your photos to generate metadata
• Embed generated metadata into your photo files
• Reproduce and transmit your photos as necessary to provide the Service
• Display your photos back to you with generated metadata
• Store your photos with metadata for later download (subject to your pricing tier)

This license isstrictly limited to providing our photo processing servicesand expires when you delete your content or terminate your account. We will not use your photos for any other commercial purpose, sublicense them to third parties, or use them to train image generation models without your explicit written consent. We may use your photos and associated metadata to improve our metadata generation algorithms and service quality.

3.3 Generated Metadata

The metadata we generate (descriptions, titles, tags, keywords) becomes part of your content package. You own this generated metadata and may use it freely for your purposes.

4. Account Registration and Verification

4.1 Account Requirements

You must create and verify an account to use our Service. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Secure your account credentials and not share them with others
• Notify us immediately of any unauthorized account access

4.2 Account Verification

We require email verification and may request additional verification for account security. Phone number verification may be required for certain features or payment processing.

4.3 Multiple Account Restrictions

5. Credit System and Payment Terms

5.1 Credit-Based Pricing

Our Service operates on a credit-based system where processing photos consumes credits from your account balance. Current credit consumption rates:

• Standard photo processing: 1 credit per image
• Video processing: 3 credits per video file

5.2 Credit Validity and Expiration

5.3 Payment Terms

• All payments are processed in advance
• Prices may change with 30 days advance notice

5.4 Refund Policy

We want you to be completely satisfied with our service. If you're not happy with your purchase of credits, we offer the following policy:

Eligibility for Refunds

• Unused Credits: You may request a refund for any unused credits within 30 days of the original purchase date.
• Used Credits: Once a credit has been used to process an image, it is non-refundable.
• Credit Expiration: Credits must be used within 6 calendar months of purchase. Any unused credits after this period will expire and are not eligible for a refund.
• Promotional Credits: If you received credits through a promotion or referral, you may request a refund only for the amount of money you paid out-of-pocket. The value of any promotional or referral credits will be deducted from the refund amount.

How to Request a Refund

To request a refund, please contact our customer support team via email within 30 days of your purchase. Please provide the following information:

• Your name and email address associated with the purchase
• Order number or transaction ID
• The number of unused credits you are requesting a refund for

Refund Processing

• We will process your refund within 15 business days of receiving your request.
• Refunds will be issued to the original payment method used for the purchase.

Important Notes

• The cost of a single credit is determined at the time of purchase and may vary depending on promotions or pricing changes. Refunds will be issued based on the purchase price of the credits.
• We reserve the right to modify or update this refund policy at any time.

5.5 Free Trial and Promotional Credits

We may offer free trials or promotional credits at our discretion. These offers:

• Are limited to one per person/household
• Cannot be transferred or combined with other offers
• May be modified or discontinued at any time without notice
• Are subject to the same 6-month expiration policy

6. Prohibited Content and Usage

6.1 Content Restrictions

You may not upload photos that contain or depict:

• Illegal activities or content
• Nudity, sexual content, or adult material
• Violence, threats, or harmful content
• Harassment, hate speech, or discriminatory content
• Copyrighted material you do not own or have permission to use
• Personal information of others without consent
• Content that violates third-party intellectual property rights
• Malicious code, viruses, or security threats

6.2 Usage Restrictions

You agree not to:

• Use automated systems to bulk upload or process images beyond reasonable personal use
• Attempt to reverse engineer or extract our AI models
• Interfere with or disrupt the Service's operation
• Violate any applicable laws or regulations
• Create fake accounts or impersonate others

7. Service Level and Limitations

7.1 Service Availability

We strive to maintain 99.5% monthly uptime, excluding scheduled maintenance. Processing times are typically under 10 seconds for standard images under normal system load.

7.2 AI-Generated Content Limitations

8. Data Privacy and Security

8.1 Data Storage and Processing

We store your photos along with generated metadata to enable you to download them later with embedded metadata. Storage duration and download capabilities depend on your pricing tier. We implement industry-standard encryption for data in transit and at rest. You may delete your stored photos at any time through your account settings.

8.2 Privacy Rights

For EU users, processing complies with GDPR including automated decision-making protections. For California residents, processing complies with CCPA/CPRA requirements. You may exercise rights including access, deletion, and restriction of processing by contacting our Data Protection Officer.

8.3 Machine Learning Improvement

9. Service Modifications and Termination

9.1 Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice when practical. Material changes affecting your use will include 30 days advance notice.

9.2 Account Termination

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Fraudulent or abusive behavior
• Multiple account violations
• Legal requirements or court orders
• Extended non-payment

9.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will provide reasonable opportunity to export your generated metadata before permanent account deletion.

10. Limitation of Liability and Warranties

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING THREE MONTHS.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS.

11. Indemnification

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your uploaded content or any third-party claims related thereto
• Your violation of these Terms or applicable laws
• Your failure to obtain necessary rights, releases, or permissions for uploaded content

12. DMCA and Copyright Compliance

12.1 Copyright Policy

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). We will respond to valid takedown notices and maintain a policy of terminating repeat infringers.

12.2 DMCA Agent

Copyright infringement notices should be sent to our DMCA Agent at:

• Email: [email protected]
• Address: F3, 86-90 Paul Street, London, EC2A 4NE, UK

13. General Provisions

13.1 Governing Law

These Terms are governed by English law and subject to the exclusive jurisdiction of English courts.

13.2 Entire Agreement

These Terms constitute the entire agreement between you and Company regarding the Service and supersede all prior agreements.

13.3 Updates to Terms

We may update these Terms from time to time. Material changes will be announced with 30 days notice. Continued use after changes take effect constitutes acceptance of the updated Terms.

13.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

13.5 Contact Information