1. Introduction and Acceptance of Terms

1.1 Agreement

These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and CS Totaal ("PhotoRevive," "Company," "we," "us," or "our") governing your access to and use of the PhotoRevive Studio service, including our websites at photorevive.studio and app.photorevive.studio, mobile applications, and all related services (collectively, the "Service").

1.2 Acceptance

By creating an account, uploading content, purchasing tokens, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy (incorporated herein by reference), and any additional terms and policies referenced herein or presented to you during your use of the Service.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date and, where appropriate, by email notification. Your continued use of the Service following the posting of modified Terms constitutes your acceptance of such modifications. If you do not agree to the modified Terms, you must discontinue using the Service.

2. Service Description

2.1 PhotoRevive Studio Service

PhotoRevive Studio is an AI-powered photo colorization service that allows users to transform black-and-white or faded photographs into colorized images. Our Service includes:

• Photo Upload: Upload black-and-white or monochrome photographs for processing
• AI Colorization: Automated colorization using artificial intelligence technology
• Preview Generation: Watermarked preview images to review before purchase
• Refinement: Ability to provide feedback and receive revised colorizations
• HD Download: High-definition, watermark-free downloads upon token redemption
• Print Products: Optional physical prints, canvases, and framed products

2.2 AI Technology

Our Service utilizes artificial intelligence technology to analyze and colorize photographs. You acknowledge and understand that:

• AI-generated colorizations are interpretive and may not reflect historically accurate colors
• Results may vary depending on image quality, content, and other factors
• The AI makes its best estimation of appropriate colors based on image context
• We do not guarantee specific outcomes or that results will meet your expectations

2.3 Service Availability

We strive to maintain Service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

3. Eligibility and Account Registration

3.1 Eligibility Requirements

To use the Service, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

3.2 Account Creation

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

3.3 Account Security

You are solely responsible for maintaining the security of your account credentials. We will not be liable for any loss or damage arising from your failure to protect your account information. You must not share your account with others or allow others to access your account.

4. Token System and Pricing

4.1 Token-Based Model

PhotoRevive operates on a token-based system. Tokens are required to unlock high-definition, watermark-free versions of colorized images. The token system works as follows:

• Free Preview: You may upload photos and receive watermarked preview colorizations at no cost
• Token Redemption: One (1) token is required to unlock the HD, watermark-free version of each colorized image
• Token Packs: Tokens are purchased in packs at prices displayed on the Service

4.2 Token Packs and Pricing

Current token pack offerings (prices subject to change):

We reserve the right to modify pricing, create promotional offers, or introduce new token packages at any time. Price changes will not affect tokens already purchased.

4.3 Token Characteristics

Tokens have the following characteristics:

• Non-Transferable: Tokens cannot be transferred between accounts or to third parties
• No Cash Value: Tokens have no monetary value and cannot be redeemed for cash
• No Expiration: Purchased tokens do not expire while your account remains active and in good standing
• Account-Bound: Tokens are tied to your account and will be forfeited upon account termination

4.4 Free Previews and Refinements

We provide free watermarked previews to allow you to evaluate the colorization before committing tokens. You may request a limited number of refinements to adjust the colorization. We reserve the right to limit the number of free previews or refinements per user or per image to prevent abuse.

5. Payment Terms

5.1 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. By making a purchase, you agree to Stripe's Terms of Service. We do not store your complete credit card information on our servers.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as displayed during checkout. You represent and warrant that you are authorized to use the payment method you provide and that all payment information is accurate and complete.

5.3 Taxes

Displayed prices may not include applicable taxes. You are responsible for paying all applicable federal, state, local, and international taxes, duties, or levies associated with your purchases. Where required by law, we will collect and remit applicable taxes.

5.4 Refund Policy

Token Purchases: Because tokens can be used immediately upon purchase and digital goods are delivered instantly, token purchases are generally non-refundable. However, we may consider refund requests on a case-by-case basis in the following circumstances:

• Technical errors resulting in duplicate charges
• Tokens were not credited to your account due to a system error
• Unauthorized transactions (subject to investigation)

Print Products: Physical print orders are handled by our fulfillment partner Printful. Refunds or replacements for print products are subject to Printful's policies and may be available for damaged, defective, or incorrectly fulfilled orders. Contact us at support@photorevive.studio to initiate a claim.

EU Consumers: If you are a consumer in the European Union, you have the right to withdraw from a contract within 14 days without giving any reason. However, you expressly acknowledge and agree that by requesting immediate performance of digital content services (colorization), you lose your right of withdrawal once the service has been fully performed (i.e., once you unlock an HD image).

5.5 Chargebacks

We are committed to helping you get the most out of the Service. Please let us help you first. Please contact us if you have any questions regarding billing. If you dispute a charge with your payment provider instead of contacting us first, we reserve the right to suspend or terminate your account and forfeit any remaining tokens. We encourage you to contact us at support@photorevive.studio to resolve any billing issues before initiating a chargeback.

6. User Content

6.1 Your Content

"User Content" means any photographs, images, feedback, comments, or other materials you upload, submit, or transmit through the Service. You retain all ownership rights in your User Content.

6.2 License Grant to PhotoRevive

By uploading User Content, you grant PhotoRevive a limited, non-exclusive, royalty-free, worldwide license to:

• Store, process, and display your images for the purpose of providing the Service
• Create derivative works (colorized versions) of your images
• Transmit your images to our service providers (AI processing, image hosting, print fulfillment) as necessary to deliver the Service

This license is limited to operating and improving the Service and terminates when you delete your content or account, except as may be required for backup, archival, or legal purposes.

6.3 No AI Training

We do not use your images to train AI models. Your photographs are processed solely for the purpose of delivering the colorization service you requested. We use Google Gemini's paid API service, which does not use customer data for model training purposes.

6.4 Your Representations and Warranties

By uploading User Content, you represent and warrant that:

• You own the content or have all necessary rights, licenses, and permissions to upload and use it
• The content does not infringe any third party's intellectual property, privacy, publicity, or other rights
• You have obtained any necessary consents from individuals depicted in the photographs
• The content complies with all applicable laws and these Terms

6.5 Ownership of Colorized Images

Upon purchasing (unlocking) a colorized image, you receive a license to use, download, print, and share the colorized version of your original photograph for personal, non-commercial purposes. For commercial use rights, please contact us at licensing@photorevive.studio.

7. Acceptable Use Policy

7.1 Prohibited Content

You agree not to upload, submit, or transmit any content that:

• Is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Contains sexually explicit material, pornography, or child sexual abuse material (CSAM)
• Depicts or promotes violence, terrorism, or hate speech
• Infringes any patent, trademark, copyright, trade secret, or other intellectual property rights
• Violates any person's privacy or publicity rights
• Contains malware, viruses, or other harmful code
• Impersonates any person or entity or misrepresents your affiliation

7.2 Prohibited Activities

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service, accounts, or systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated scripts, bots, or scrapers to access the Service
• Circumvent, disable, or interfere with security features of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or commercially exploit the Service without authorization
• Abuse the free preview system by excessive uploads without intent to purchase
• Create multiple accounts to circumvent limits or restrictions

7.3 Enforcement

We reserve the right, but are not obligated, to monitor User Content and activity. We may, in our sole discretion, remove content, suspend or terminate accounts, and take other appropriate action against users who violate this Acceptable Use Policy.

8. Intellectual Property Rights

8.1 PhotoRevive's Intellectual Property

The Service, including its original content, features, functionality, software, design, text, graphics, logos, and trademarks (excluding User Content), is owned by PhotoRevive and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license to use the Service as described herein.

8.2 Trademarks

"PhotoRevive," "PhotoRevive Studio," and associated logos are trademarks of CS Totaal. You may not use these trademarks without our prior written consent.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to you.

8.4 Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our designated copyright agent with a written notification containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on the Service
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act

DMCA Agent: Casper Stienstra, dcma@photorevive.studio

9. Print Products and Fulfillment

9.1 Print Services

We offer optional physical print products through our fulfillment partner, Printful. Available products may include prints, canvases, framed prints, and other merchandise featuring your colorized images.

9.2 Pricing and Shipping

Print product prices are displayed at the time of order and include product cost plus applicable shipping. Shipping times and costs vary by destination and shipping method selected. Estimated delivery times are not guaranteed.

9.3 Order Fulfillment

Print orders are produced and shipped by Printful, a third-party fulfillment provider. By placing a print order, you acknowledge that:

• Printful will receive your shipping information and image for production
• Product quality, production time, and shipping are subject to Printful's processes
• Colors in printed products may vary slightly from digital previews due to printing processes

9.4 Returns and Issues

If you receive a damaged, defective, or incorrect print product, please contact us at support@photorevive.studio within 14 days of delivery with photos of the issue. We will work with Printful to provide a replacement or refund as appropriate. We do not accept returns for print products that were produced correctly but do not meet subjective expectations (e.g., color preferences).

10. Disclaimers

10.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantee of Results

We do not warrant that:

• The Service will meet your specific requirements or expectations
• Colorization results will be accurate, historically correct, or satisfy your aesthetic preferences
• The Service will be uninterrupted, timely, secure, or error-free
• Any errors in the Service will be corrected

10.3 Third-Party Services

We are not responsible for the availability, accuracy, or content of third-party services, websites, or resources that may be linked to or integrated with the Service. Your use of third-party services is at your own risk and subject to their respective terms and policies.

10.4 AI Limitations

You acknowledge that AI technology has inherent limitations. Colorization is an interpretive process, and the AI may produce results that contain inaccuracies, artifacts, or unexpected outputs. We disclaim any responsibility for the accuracy or suitability of AI-generated content.

11. Limitation of Liability

11.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHOTOREVIVE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PHOTOREVIVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LOWER OF: (A) THE AMOUNTS YOU PAID TO PHOTOREVIVE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

11.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

12. Indemnification

You agree to indemnify, defend, and hold harmless PhotoRevive and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or any activity under your account
• Your User Content, including any claims that it infringes third-party rights
• Your violation of these Terms or any applicable law
• Your violation of any third party's rights

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@photorevive.studio or using the account deletion feature in your account settings (if available). Upon termination, your right to use the Service will cease immediately. Any unused tokens will be forfeited, and no refunds will be issued.

13.2 Termination by PhotoRevive

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or our policies
• Conduct that we determine is harmful to other users, the Service, or our business
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation or material modification of the Service
• Unexpected technical or security issues

13.3 Effect of Termination

Upon termination of your account:

• Your license to use the Service terminates immediately
• Any unused tokens in your account will be forfeited and are non-refundable
• We may delete your account data and User Content, subject to our data retention policies
• Sections of these Terms that by their nature should survive will survive termination

13.4 Survival

The following sections shall survive termination: Section 6 (User Content, as to licenses granted), Section 8 (Intellectual Property), Section 10 (Disclaimers), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 14 (Dispute Resolution), and Section 15 (General Provisions).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@photorevive.studio and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved through good-faith communication.

14.2 Binding Arbitration (US Users)

For users in the United States: If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in Delft, The Netherlands, unless you and PhotoRevive agree otherwise. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND PHOTOREVIVE 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.

Unless both you and PhotoRevive agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.5 EU Consumers

For users in the European Union: The arbitration and class action waiver provisions above do not apply to you if prohibited by your local laws. You may bring claims in courts in your country of residence. You may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Country of The Netherlands, without regard to its conflict of law principles. For EU consumers, this choice of law does not deprive you of mandatory consumer protections under the laws of your country of residence.

15.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and PhotoRevive regarding the Service and supersede all prior agreements, understandings, and communications.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of PhotoRevive.

15.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

15.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Notices

We may provide notices to you via email to the address associated with your account, by posting on the Service, or by other reasonable means. You are responsible for keeping your contact information current. Notices to us should be sent to legal@photorevive.studio or to our mailing address.

15.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and PhotoRevive only. No third party shall have any right to enforce any provision of these Terms.

15.9 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

15.10 Language

These Terms are written in English. If translated into another language, the English version shall prevail in case of any discrepancy.

16. Contact Information

If you have any questions about these Terms, please contact us:

• General Support: support@photorevive.studio
• Legal Inquiries: legal@photorevive.studio
• Privacy Concerns: privacy@photorevive.studio
• Mailing Address: Bankastraat 3, 2612AE, Delft, Netherlands

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU ARE USING THE SERVICE ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS.

Related Policies

• Privacy Policy — How we collect, use, and protect your personal data
• Cookie Policy — Details about how we use cookies and tracking technologies
• Refund Policy — Information about refunds and cancellations