Terms of Service
1. Who you are agreeing with
These Terms of Service (“Terms”) form a binding agreement between you (the studio account holder, “you”) and DOTENVTECH SOLUTIONS LLP, a limited liability partnership registered in India (“InstaPhotoAI”, “we”, “us”). They govern your access to and use of the InstaPhotoAI website, the desktop application, and the APIs and hosted services we provide (together, the “Service”).
By creating an account or using the Service you confirm that you have read these Terms and that you accept them. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Your account
You must provide accurate registration information and keep your credentials confidential. You are responsible for everything that happens under your account, including activity by employees, contractors and event guests using your studio link. Notify us at support@instaphoto.ai if you suspect unauthorised access.
One studio = one account. You may not share a single account between unrelated businesses. We may require email verification before activating an account.
3. Acceptable use
You agree not to use the Service to:
- Upload photos you do not have the right to process or distribute.
- Process biometric data of individuals who have not, directly or via the studio, consented to that processing.
- Attempt to reverse-engineer the face-recognition models, scrape embeddings, or circumvent rate limits or storage quotas.
- Upload content that is unlawful, infringes a third party’s rights, or contains malware.
- Resell access to the Service without a written agreement with us.
We may suspend or terminate accounts that we reasonably believe violate this section, with or without notice depending on severity.
4. Content ownership and licence
You retain all ownership rights in the photos and other content you upload (your “Content”). We do not claim ownership over your Content.
To operate the Service for you, you grant InstaPhotoAI a worldwide, non-exclusive, royalty-free licence to host, store, transcode, generate previews of, transmit and display your Content, and to compute and store derived face embeddings from it, solely for the purpose of providing the Service to you and your event guests. This licence ends when the Content is deleted from the Service, except for backups retained for the period described in our Privacy Policy.
You are responsible for obtaining any consents required from photographed individuals for the photographs and the biometric processing they enable.
5. Suspension and termination
You may close your studio account at any time from the account settings or by writing to support@instaphoto.ai. We may suspend or terminate the Service, in whole or in part, if (a) you materially breach these Terms, (b) your account is overdue on payment beyond a reasonable cure period, or (c) we are required to do so by law.
On termination we will keep your event galleries available for 30 days so guests are not cut off mid-album, after which we will delete your Content and face embeddings, subject to backup retention and any legal hold.
6. Payments and refunds
Pricing for the Service is shown on the pricing page and consists of (a) a monthly platform fee and (b) usage charges for image storage, face storage and any other metered features. Subscriptions auto-renew monthly until cancelled. Charges are billed in Indian Rupees (INR) inclusive of applicable taxes unless stated otherwise.
Refund eligibility, timing and process are set out in our Refund Policy, which forms part of these Terms.
We may revise pricing on notice of at least 30 days. Continued use of the Service after the new pricing takes effect constitutes acceptance of the new pricing.
7. Service availability and changes
We work hard to keep the Service available, but we do not guarantee uninterrupted uptime. Planned maintenance, third-party outages (cloud storage, payment processor, DNS), or events outside our reasonable control may cause downtime. We may modify or discontinue features; if a change materially reduces functionality you depend on, we will give reasonable advance notice.
8. Disclaimers
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, InstaPhotoAI disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that face-recognition results will be 100% accurate, that the Service will be error-free, or that all photos will be matched to all guests.
9. Limitation of liability
To the maximum extent permitted by law, InstaPhotoAI’s total aggregate liability arising out of or relating to the Service in any 12-month period is limited to the fees you paid us for the Service in that period. We will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or goodwill, even if advised of the possibility.
Nothing in these Terms excludes liability that cannot be excluded under applicable law (for example, liability for fraud or for death or personal injury caused by negligence).
10. Indemnity
You agree to indemnify and hold harmless InstaPhotoAI and its partners, officers and employees from any claim, loss or expense (including reasonable legal fees) arising out of (a) your Content, (b) your use of the Service in breach of these Terms, or (c) your failure to obtain consents required from photographed individuals.
11. Governing law and disputes
These Terms are governed by the laws of India, without regard to its conflict-of-law principles. The courts located in Bengaluru, Karnataka, India have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to the parties’ right to seek interim relief in any court of competent jurisdiction.
Before filing a claim, the parties agree to attempt in good faith to resolve any dispute by writing to support@instaphoto.ai with a clear description of the issue and the relief sought, and allowing 30 days for resolution.
12. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page and, for material changes, give you reasonable notice (for example, by email or in-app notice). Your continued use of the Service after the change takes effect means you accept the updated Terms.
13. Contact
Questions about these Terms can be sent to support@instaphoto.ai. For postal correspondence, contact DOTENVTECH SOLUTIONS LLP at the address listed on our website footer.