Terms & Conditions
Welcome to Phottam.ai Techology Solutions Pvt Ltd . (“Phottam”, “Company,” “we,” “our,” or “us”). These Terms & Conditions (“Terms”) govern your access to and use of our website, mobile applications, web applications, desktop applications, and any related services (collectively, the “Service”). By creating an account, uploading content, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you should not use our Service.
1. Acceptance of Terms
By accessing or using Phottam, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and capable of entering into a legally binding agreement. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
2. Service Description
Phottam provides:
- A range of services that include automated processing, cloud-based storage, AI based services, tools for collaboration, and digital delivery of content. The company reserves the right to modify, update, or discontinue any part of the service at any time without prior notice or liability.
- We reserve the right to modify, update, or discontinue any part of the Service at any time without notice or liability.
3. Account Registration & Responsibilities
- Account Creation: You must provide accurate and complete information when creating an account.
- Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
- Prohibited Use: You agree not to use the Service for any illegal or unauthorized purposes, and you must comply with all applicable laws and regulations.
4. Payment Terms & Refund Policy
Subscription Fees & Duration: Some features may require payment of subscription or usage fees. All prices are listed in the applicable currency, and payment terms are provided at checkout. Monthly subscription cycle duration will be for 30 days and after that the Next billing cycle starts.
Refund Policy: Refunds will be applicable only within 7 days of the initial purchase, if and only if any technical issue prevents the user from the proper use of Phottam’s services and cannot be resolved by our team within the 7-day window, a refund will be issued for the affected subscription period.
Users must provide detailed information about the issue and cooperate with our support team during the troubleshooting process. Refund decisions will be at the sole discretion of Phottam.
Beyond this 7-day period from the initial purchase, no refunds will be provided under any circumstances. All service payments are final and non-refundable, including subscription fees, add-on services, or any other charges. If you cancel or terminate your account before the end of a billing cycle, you will not receive a refund for any unused portion.
5. Data Storage & Deletion (Temporary Storage Policy)
Subscription terms include:
Storage of Content
When you upload photos or other digital files (“Content”), we store them on secure servers. We do not guarantee indefinite storage, and it is your responsibility to maintain your own backups.
Soft Deletion
If you delete a photo or album, it is moved into a temporary “Memory Box” (temporary storage area) for a grace period of 30-180 days. During this period, user can restore the Content if needed. Grace period duration of the user will be based on the Subscription plan selected by the User.
Media Delete Days Countdown & Permanent Deletion
The permanent media deletion countdown begins once content is placed in the Memory Box, based on the upload date of the photo/media into the Phottam application. Users can permanently delete the media from memorybox from 30 to 180 days (based on the selected subscription plan). There is no permanent media delete option available for basic packages (Snapshot & Focus Plan).
After the above-mentioned grace period, a permanent delete of Media option becomes available. User must confirm this action to initiate the Permanent delete operation.
Once permanently deleted, Content cannot be recovered under any circumstances.
Deletion of Data on Account Deletion
- Monthly / Quarterly / Half-Yearly Subscribers: If a user deletes their account, all associated data and media will be permanently deleted 15 days after the subscription expiry date, unless otherwise required by law. Any live media links (shared galleries, albums, digital invitations, or file delivery links) shared with User’s clients will automatically expire and become inaccessible.
- Yearly Subscribers: If a user deletes their account, all associated data and media will be permanently deleted in 90 days after the subscription expiry date, unless otherwise required by law. Any live media links (shared galleries, albums, digital invitations, or file delivery links) shared with User's clients will automatically expire and become inaccessible.
Subscription Cancellation / Non-Renewal of Plans
Monthly / Quarterly / Half-Yearly Subscriptions: Upon cancellation or non-renewal, the user's data will be retained for 15 days after the subscription expiry date. After this period, all user data will be permanently deleted and live media links will automatically expire.
Yearly Subscriptions: For yearly subscribers, user data will be retained for 90 days post-expiry date. After this period, all user data will be permanently deleted and live media links will automatically expire.
Note: Once the retention period ends, Phottam cannot retrieve or reactivate deleted data or expired links. Users are advised to download all required data and notify their clients before the expiration period.
No Liability for User Actions
We are not liable for any claims arising from accidental or intentional restoration of Content during the grace period window.
You acknowledge that deletion is not immediate, and Content may remain on our servers for up to 30 days.
6. Shipping & Delivery
- Digital-Only Service: Phottam delivers all photos and files digitally. There are no physical goods and therefore no shipping fees.
- Delivery: Photos, albums, or any other Content you share or deliver through our Service are made available via online links, downloads, or in-platform access.
7. Intellectual Property Rights
- User Content: You retain all rights to the Content you upload. By uploading, you grant us a limited, non-exclusive license to store, display, and process your Content solely for the purpose of providing the Service.
- Phottam’s Intellectual Property: All trademarks, logos, and Service-related content are owned by us or licensed to us. You may not reproduce, distribute, or modify any part of our Service without prior written permission.
8. Prohibited Activities
You agree not to:
- Upload or share Content that infringes on third-party rights or is illegal, defamatory, obscene, or otherwise objectionable.
- Use the Service to distribute spam or malware.
- Attempt to hack, disrupt, or otherwise compromise the security or functionality of the Service.
9. Disclaimer of Warranties
Phottam is provided on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that:
- The Service will meet your specific needs.
- The Service will be uninterrupted, timely, secure, or error-free.
- The results obtained from the Service (including AI-driven photo culling) will be accurate or reliable.
10. Limitation of Liability
To the fullest extent permitted by law, Phottam, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill. Our total liability for any claim arising out of or related to these Terms shall not exceed the amount you paid, if any, for accessing the Service in the three (3) months preceding the event giving rise to liability.
11. Indemnification
You agree to defend, indemnify, and hold harmless Phottam and its affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use or misuse of the Service.
- Your violation of any term in these Terms.
- Your violation of any third-party right, including intellectual property or privacy rights.
12. Changes to Terms
We reserve the right to modify or update these Terms at any time. If we make significant changes, we will notify you via email or by posting a prominent notice on our website. Your continued use of the Service after any modifications indicates your acceptance of the new Terms.
13. Governing Law & Dispute Resolution
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in India.
14. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: privacy@phottam.ai
These Terms & Conditions may be updated periodically. Please review them regularly.