Terms & Conditions • Photo Protein

These Terms & Conditions (the “Terms”) govern your access to and use of the Photo Protein website, application(s), and related services (collectively, the “Service”) operated by AI DESIGN EXPERTS LLC (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1) Key Definitions

Site: photoprotein.com and any subdomains or related pages.
User Content: photos, images, text, data, or other content you upload or submit.
De-identified Data: data or content that cannot reasonably be linked to an identified or identifiable person, including removal of EXIF and reasonable efforts to avoid faces/unique identifiers.

2) Eligibility & Accounts

You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service.
You may be required to sign in using third-party authentication (e.g., Google). You authorize us to receive account information as described in our Privacy Policy.
You are responsible for the security of your account and all activity that occurs under it.

3) Privacy

Our Privacy Policy explains how we collect, use, and safeguard information. By using the Service, you consent to our data practices as described there. For clarity, as stated in the Privacy Policy, we currently do not “sell” or “share” personal information as defined by certain privacy laws. We may use and publicly display de-identified images and aggregated nutrition data to operate, improve, and showcase the Service.

4) User Content & License Grant

You retain ownership of your User Content. You grant the Company a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to host, store, process, modify, reproduce, create derivative works from, translate, analyze (including via AI/ML models), and display your User Content as reasonably necessary to provide and improve the Service (e.g., processing images to estimate nutrition).

In addition, you grant the Company a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable license to use, reproduce, modify, analyze, create derivative works from, publish, and display de-identified versions of your User Content and derived data (e.g., anonymized food photos and aggregated nutrition statistics) for any lawful purpose, including operating, improving, and publicly showcasing the Service. We will not attempt to re-identify de-identified content.

You represent and warrant that you have all rights necessary to grant these licenses and that your User Content (and our use thereof as permitted by these Terms) will not violate any law or third-party rights.

Deletion. You may delete items you uploaded; deletion will remove them from public display and routine production use going forward. Reasonable residual copies may persist in backups or logs for a limited time.

5) Acceptable Use & Content Standards

Upload only lawful content that you have the right to share. Do not upload content that is illegal, harmful, harassing, defamatory, obscene, or that depicts nudity/sexual content, minors, graphic violence, weapons, or hate symbols.
Do not upload images containing faces or other identifying details of people without their permission.
Do not attempt to reverse engineer, interfere with, or abuse rate limits, security, or storage endpoints; do not scrape, spider, or crawl the Service without written consent.
Do not introduce malware, attempt unauthorized access, or use the Service to train, fine-tune, or benchmark competing models except as expressly permitted.

6) AI/ML Output; No Medical or Nutritional Advice; Accuracy Limitations

The Service provides AI-generated estimates (e.g., protein, fat, carbs, calories) based on your photo(s). These outputs are experimental, automated in part, and may be inaccurate, incomplete, or misleading. We do not guarantee any level of accuracy, precision, completeness, or fitness for a particular purpose.

Informational Only. The Service is provided for general informational purposes and does not constitute medical or nutritional advice, diagnosis, or treatment recommendations, and does not create a dietitian–client, nutritionist–client, or physician–patient relationship. Always consult a qualified professional—such as a registered dietitian, nutritionist, or doctor—for advice about diet, allergies, medical conditions, or weight management. If you have a medical emergency, call your local emergency number immediately.

Intrinsic limitations you should assume:

Photos may not capture true portion size, density, or ingredients (e.g., oils, dressings, sauces, marinades).
Preparation methods (frying, grilling, boiling), recipes, brands, and regional variations materially change nutrition values.
The system may misidentify foods or fail to recognize mixed dishes, multi-item plates, or packaged items.
Allergens are not detected. Do not rely on the Service for allergen avoidance (e.g., peanuts, tree nuts, gluten, shellfish, dairy, soy, eggs).
Outputs may involve rounding, database gaps, or model errors and should be treated as rough estimates only.
The Service is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease.

Your Reliance Is At Your Own Risk. You are solely responsible for how you interpret and use the outputs. Do not adjust medications, therapeutic diets, or clinical care based on the Service. If you are pregnant or breastfeeding, managing a medical condition (e.g., diabetes, kidney disease, eating disorder), or on a physician-directed diet, consult your clinician before using or relying on the Service.

7) Third-Party Services

The Service may integrate third-party platforms (e.g., Supabase for authentication, Wasabi S3-compatible storage, and AI model providers). Your use of those services may be subject to their terms and policies. We are not responsible for third-party services, sites, or content.

8) Changes, Availability & Beta Features

We may modify or discontinue the Service (in whole or part) at any time with or without notice. New features may be released as beta or preview and may not be reliable or available in all locations or languages. We are not liable for any change, suspension, or discontinuation.

9) Intellectual Property

We and our licensors own all rights, title, and interest in and to the Service, including software, designs, text, graphics, and trademarks. Except for rights expressly granted in these Terms, no license or right is granted to you by implication or otherwise.

10) Feedback

If you provide feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

11) DMCA / Copyright

If you believe content on the Service infringes your copyright, please send a notice to contact@photoprotein.com with: (a) your contact info; (b) identification of the copyrighted work; (c) the URL or location of the allegedly infringing material; (d) a statement of good-faith belief; (e) your statement, under penalty of perjury, that the information is accurate and you are authorized; and (f) your physical or electronic signature.

12) Termination

We may suspend or terminate your access to the Service at any time, including for violation of these Terms or to protect the Service or other users. You may stop using the Service at any time. Sections that by their nature should survive (e.g., licenses to de-identified data, disclaimers, limitations of liability, indemnities, dispute resolution) will survive termination.

13) Disclaimers

THE SERVICE (INCLUDING ALL AI-GENERATED ESTIMATES, SCORES, AND ANY NUTRITIONAL VALUES) IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO ACCURACY, COMPLETENESS, OR RELIABILITY OF OUTPUTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR ACCURATE. THE SERVICE IS NOT A MEDICAL DEVICE AND HAS NOT BEEN EVALUATED BY THE FDA.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR RELIANCE ON) THE SERVICE OR ITS OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages; the above may not apply to you to that extent.

15) Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service; (b) your User Content; (c) your reliance on or interpretation of the Service’s outputs; or (d) your violation of these Terms or applicable law.

16) Dispute Resolution; Arbitration; Class Action Waiver

Governing Law & Venue. These Terms are governed by the laws of the State of New York, without regard to conflict of law rules. Except as provided below, the exclusive venue for disputes will be state or federal courts located in New York County, New York, and you consent to personal jurisdiction there.

Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted in New York County, New York, by a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Class Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Opt-Out. You may opt out of arbitration by sending a written notice to contact@photoprotein.com within 30 days of first accepting these Terms. If you opt out, the exclusive venue remains New York County, New York. This Section does not apply to claims that cannot be arbitrated as a matter of law or to small claims actions.

17) Export & Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to U.S. embargoes or sanctions, and you will not use the Service in violation of U.S. export, re-export, or sanctions laws administered by the U.S. government.

18) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice (e.g., by updating the “Last updated” date, posting a notice on the Site, or sending an email). Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them.

19) Miscellaneous

Severability. If any provision is held invalid, the remaining provisions will remain in full force and effect.
No Waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service.

20) Contact

For questions about these Terms, contact us at contact@photoprotein.com
Legal entity: AI DESIGN EXPERTS LLC (New York)