Terms of Service

These Terms of Service form an agreement between you and Smart Media Internet Marketing Ltd. (“Smart Media,” “we,” “us,” or “our”) for PhotoBoost’s websites, web editor, desktop applications, mobile applications and related services (the “Service”). By accessing or using the Service, you agree to these Terms and our Privacy & Cookie Policy.

You must be at least 13 years old and legally able to enter this agreement. If you use PhotoBoost for an organization, you confirm that you have authority to bind it.

Some features require a Google-authenticated account. You are responsible for activity under your account, for keeping your devices and authentication methods secure, and for giving accurate account and payment information.

Tell us promptly at [email protected] if you believe your account has been compromised.

PhotoBoost uses automated and AI-based processing to enhance, restore, upscale, colorize, relight or otherwise edit images. Results are predictions and may be inaccurate, artificial, inconsistent, or unsuitable for your intended use. Always compare important details with the original.

You must not treat generated or enhanced output as evidence of identity, authenticity, historical fact, medical condition, legal fact, or any other high-stakes conclusion. Keep an independent copy of every original file.

You retain your rights in images and other content you submit and in the output, to the extent permitted by law. You confirm that you own the content or have all permissions needed to upload and process it, including consent from people shown where required.

You grant us and our service providers a limited, non-exclusive license to host, transmit, reproduce and process your content only as needed to operate, secure, support and improve the Service and to create the output you request. We do not use your uploaded images to train AI models unless we separately ask for and receive your explicit consent.

You may not use the Service to:

• violate law, privacy, publicity, copyright or other rights;
• process content involving child sexual abuse, non-consensual intimate imagery, exploitation, harassment or credible harm;
• impersonate others, create deceptive identity material, or misrepresent AI output as authentic evidence;
• probe, bypass or disrupt security, limits, payments or access controls;
• reverse engineer the Service except where applicable law expressly permits it; or
• use automated access that burdens the Service or resell access without our written permission.

We may block content, restrict access, preserve evidence or report activity when reasonably necessary for safety, security or legal compliance.

Paid features may be sold as credits or automatically renewing subscriptions. Prices, billing periods, included usage and renewal terms are shown at checkout. Taxes may apply. Credits have no cash value, are non-transferable, and may be subject to reasonable expiration or account rules disclosed when purchased.

Payments may be processed by Paddle, Zotlo, Apple, Google or another identified provider. Cancel recurring billing through the account or platform used to subscribe before the next renewal. Refunds are governed by the checkout provider’s terms and applicable law. Cancellation normally stops future renewal and does not retroactively reverse completed charges.

The Service, software, models, interface, branding, documentation and related materials are owned by us or our licensors and protected by intellectual-property laws. These Terms give you a limited, revocable, non-transferable right to use the Service for its intended purpose; they do not transfer ownership of PhotoBoost technology.

Feedback you voluntarily provide may be used without restriction or payment, but we will not identify you publicly without permission.

PhotoBoost depends on third-party authentication, hosting, analytics, AI infrastructure, app stores and payment services. Their own terms and privacy notices may apply. We are not responsible for third-party services outside our control, and their availability can affect PhotoBoost.

We may modify, limit, suspend or discontinue features, and we do not guarantee uninterrupted or error-free operation. We may suspend or terminate access for material breach, fraud, abuse, risk to users or infrastructure, non-payment, or legal requirements.

You may stop using PhotoBoost at any time. Provisions that by their nature should survive—including payment obligations, ownership, disclaimers, liability limits and dispute terms—continue after termination.

To the fullest extent permitted by law, the Service is provided “as is” and “as available,” without warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation or specific results.

To the fullest extent permitted by law, Smart Media and its affiliates will not be liable for indirect, incidental, special, consequential or punitive damages, lost profits, lost data, lost goodwill or business interruption. Our total liability relating to the Service will not exceed the greater of US$100 or the amount you paid for the Service during the 12 months before the event giving rise to the claim. These limits do not apply where applicable law prohibits them.

To the extent permitted by law, you will defend and indemnify Smart Media and its affiliates from third-party claims arising from your content, unlawful use, violation of another person’s rights, or material breach of these Terms. This does not require you to indemnify us for our own unlawful conduct.

These Terms are governed by the laws of Israel, without regard to conflict-of-laws rules, and disputes will be handled by courts of competent jurisdiction in Israel, except where mandatory consumer law gives you the right to use another forum or law.

We may update these Terms as the Service or law changes. We will post the updated version and revise the date above; material changes may receive additional notice. Continued use after the effective date means you accept the revised Terms.

Contact Smart Media Internet Marketing Ltd., Sderot Hayahsut 11, Beer Sheva, Israel, or [email protected].