Terms of Service

Last updated: 3 July 2026

Draft. These terms are a working draft provided during a private testing phase and are not yet final legal advice. They will be reviewed before PhotoSpeak accepts real payments or opens to the public.

These Terms of Service ("Terms") govern your use of PhotoSpeak (the "Service"), operated by XYZ TechLabs ("we", "us", "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

PhotoSpeak is a photo-storytelling application. It runs primarily on your own device, where you can describe your photos and have an assistant help record names, places, dates and descriptions that are saved into your image files. Optional cloud features - backing up and syncing your library across devices, and running AI processing in the cloud - are provided for a fee (see Pricing). Local use of the apps is free.

2. Accounts

Some features require an account. You are responsible for keeping your login secure and for activity under your account. You must provide accurate information and be old enough to form a binding contract in your jurisdiction. You may close your account at any time.

3. Your content and data

You own your content. Your photos, voice notes, and the descriptive data embedded in them remain yours. We claim no ownership of them.
Licence to operate the Service. You grant us the limited permission needed to store, process, transmit and sync your content solely to provide the features you use (for example, backing up a file, syncing it to your other devices, or running a cloud processing job you request).
Portability. Your data is written into your own files. You can export or remove it, and closing a cloud plan does not lock up data you can still access locally.
Deletion. When you delete content or close your account, we delete the associated cloud copies within a reasonable period, subject to routine backups and any legal retention obligations.

4. Acceptable use

You agree not to use the Service to store or process unlawful content, to infringe others' rights, to attempt to breach security or access other users' data, or to overload or abuse the infrastructure. We may suspend accounts that do so.

5. Paid plans, credits and billing

Subscriptions. Cloud storage and cloud-processing allowances are sold as recurring monthly subscriptions. They renew automatically until cancelled.
Credits. Cloud processing is measured in credits (roughly one credit per photo processed). Your plan includes a monthly credit allowance; unused allowance does not roll over unless we say otherwise. Credit packs, if offered, are one-time purchases.
Payments. Payments are handled by our payment processor, Stripe. We do not store your full card details. Prices are in Australian dollars and include GST where applicable.
Cancellation. You can cancel anytime via the customer portal; your plan remains active until the end of the current paid period.
Refunds. Except where required by law (including the Australian Consumer Law), fees are generally non-refundable. Nothing in these Terms limits rights you have under the Australian Consumer Law.
Price changes. We may change prices or plan contents; we will give reasonable notice of changes that affect an active subscription, and changes take effect at your next renewal.

6. Cloud storage and fair use

Storage plans include a set amount of full-resolution backup. If you exceed your quota we may warn you and, beyond a grace margin, decline further full-resolution backups until you upgrade or free up space; lightweight sync of notes and metadata continues. We may set reasonable technical limits to protect the Service.

7. Third-party services

The Service relies on third parties including Stripe (payments), cloud hosting and storage providers, and AI model providers used to fulfil processing you request. Your use of those features is also subject to those providers' terms.

8. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

9. Disclaimers

The Service is provided "as is" and "as available". While we work hard to keep your data safe, no online service is perfect; you should keep your own copies of anything important. To the extent permitted by law, we disclaim implied warranties. This does not exclude guarantees that cannot lawfully be excluded, including under the Australian Consumer Law.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, and our total liability for any claim is limited to the fees you paid us for the Service in the three months before the claim. Nothing in these Terms limits liability that cannot lawfully be limited.

11. Suspension and termination

We may suspend or terminate access for breach of these Terms or to protect the Service or other users. You may stop using the Service at any time.

12. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you. Continued use after changes take effect means you accept the updated Terms.

13. Governing law

These Terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of its courts.

14. Contact

Questions about these Terms: support@photospeak.app.