Terms of Service

1. Service Description

EzEnhancer provides AI-powered image processing services, including but not limited to: image enhancement, upscaling, photo restoration, sharpening, and deblurring (each a "Feature"). The specific Features available to you depend on your subscription plan or purchased credits. We reserve the right to modify, add, or remove Features at any time with or without notice, subject to Section 14.

2. Account Registration and Security

2.1 To access certain Features, you must register for an account. You agree to provide accurate, current, and complete information and to keep your account information updated.

2.2 You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorized use of your account.

2.3 You may not share your account with any third party, create multiple accounts to circumvent usage limits, or use another user's account without authorization.

2.4 We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or out of date.

3. User Content and License

3.1 Your Ownership

You retain all intellectual property rights in and to the images and other content you upload to the Service ("User Content"). We do not claim ownership of your User Content.

3.2 License Grant to EzEnhancer

By uploading User Content, you grant EzEnhancer a limited, non-exclusive, royalty-free, worldwide license to access, process, copy, and transmit your User Content solely to the extent necessary to provide the requested AI processing service to you. This license terminates when your User Content is deleted from our systems. We do not use your User Content to train AI or machine-learning models without your explicit, separate consent.

3.3 Your Representations and Warranties Regarding User Content

You represent and warrant that:

• You own, or have obtained all necessary rights, licenses, and permissions to upload and process the User Content through the Service;
• Your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party;
• Your User Content does not violate any applicable law or regulation; and
• You have obtained the informed consent of any identifiable person depicted in your User Content to the extent required by applicable law (including applicable data protection laws governing images of individuals).

3.4 Content Restrictions

You may not upload or process User Content that:

• Is illegal, obscene, defamatory, threatening, infringing, harassing, or otherwise objectionable;
• Constitutes, depicts, promotes, or facilitates child sexual abuse material (CSAM) — such content will be reported to law enforcement;
• Violates the privacy or publicity rights of any third party (e.g., non-consensual intimate imagery);
• Contains malware, viruses, or other harmful code; or
• You do not have the legal right to process.

We reserve the right (but are not obligated) to review, refuse, or remove any User Content that we reasonably believe violates these Terms or applicable law.

3.5 Feedback

If you submit feedback, suggestions, or ideas about the Service ("Feedback"), you grant EzEnhancer a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback for any purpose, without compensation or attribution to you.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation;
• Engage in fraudulent, deceptive, or misleading conduct;
• Infringe the intellectual property or other rights of any third party;
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service;
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service in an unauthorized manner;
• Probe, scan, or test the security or vulnerability of the Service or any related systems;
• Circumvent or attempt to bypass any access controls, rate limits, or usage quotas;
• Resell, sublicense, or redistribute the Service or its outputs without our express written consent; or
• Use the Service to create deepfakes or other synthetic media intended to deceive, defraud, or harm any person.

5. Intellectual Property

5.1 All intellectual property rights in and to the Service, including the website, software, AI models, algorithms, designs, trademarks, and documentation (collectively, "EzEnhancer IP"), are owned by or licensed to EzEnhancer. Nothing in these Terms transfers any EzEnhancer IP to you.

5.2 Subject to full payment of applicable fees and your compliance with these Terms, EzEnhancer grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes.

5.3 AI-Generated Outputs: Output images generated by the Service are derived from your User Content using our AI models. You are granted rights to use such output images for lawful purposes consistent with these Terms. EzEnhancer does not assert ownership of output images that are substantially derived from your original User Content. However, you acknowledge that the AI processing technology, models, and methods used to generate output images remain the proprietary intellectual property of EzEnhancer.

6. Subscription Plans and Credits

6.1 The Service is offered on a subscription basis or via a credit-based system. Details of available plans, pricing, and credit allocations are described on our pricing page.

6.2 Credits are non-transferable, have no monetary value, and cannot be exchanged for cash. Subscription credits expire at the end of each billing period. Purchased (permanent) credits do not expire as long as your account remains active.

6.3 We reserve the right to change plan pricing upon reasonable notice (as described in Section 14). Price changes will not apply to the current paid period of an active subscription.

7. Payment, Billing, and Taxes

7.1 Payment Authorization. By providing payment information and initiating a purchase, you authorize EzEnhancer (and our payment processor) to charge your payment method for all applicable fees. You must provide a valid payment method and keep your billing information current.

7.2 Subscriptions. Subscription fees are billed in advance at the start of each billing cycle (monthly or annual, as selected). Your subscription will automatically renew at the end of each cycle unless you cancel before the renewal date (see Section 8).

7.3 Taxes. Prices displayed on the Service are exclusive of applicable taxes unless otherwise stated. You are responsible for all taxes, duties, levies, or government fees associated with your purchase, except for taxes on our net income.

7.4 Failed Payments. If a payment fails, we may retry the charge and may suspend or downgrade your access to the Service until outstanding fees are paid.

7.5 Price Changes. We will notify you of any price changes at least 30 days in advance (via email or a notice on the Service). Continued use of the Service after the effective date of a price change constitutes your acceptance of the new price.

8. Cancellation and Refund Policy

8.1 Cancellation

You may cancel your subscription at any time by navigating to Profile → My Plan → Cancel Subscription within your account, or by contacting our support team. Cancellation takes effect at the end of your current paid billing period. You will retain access to the Service until that date and will not be charged for subsequent periods.

8.2 Refund Policy

Because our AI processing services are delivered digitally and immediately upon purchase, all fees are generally non-refundable except in the following circumstances:

• Technical Failure by EzEnhancer: A verified technical error caused solely by our systems that completely and persistently prevents you from using the Service, after reasonable troubleshooting attempts and our failure to resolve the issue within a reasonable time.
• Early Cancellation Window: A refund may be requested within 24 hours of your first-ever purchase on an account, provided that the credits or subscription benefits have not been substantially used. This applies only to initial purchases and does not apply to subscription renewals, plan upgrades, or additional credit purchases.

Refund requests must be submitted to [email protected] with a detailed description of the issue and supporting documentation. All refund determinations are made at our sole discretion and are final. Refunds for eligible requests will typically be processed within 5–10 business days.

We do not provide refunds for: change of mind, failure to use purchased services, dissatisfaction with AI output quality when the Service functions as described, or circumstances outside our reasonable control.

8.3 Chargebacks

If you initiate a chargeback or dispute without first contacting us to resolve the issue, we reserve the right to suspend your account pending resolution and to provide transaction records to the relevant payment processor or card network in response to the dispute.

9. Disclaimers of Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EZENHANCER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED OUTPUTS; AND
• ANY WARRANTY THAT DEFECTS OR ERRORS WILL BE CORRECTED.

AI-generated image outputs may not be perfect and are not guaranteed to meet your specific requirements. You are solely responsible for reviewing and verifying AI outputs before relying on or distributing them.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EZENHANCER, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EZENHANCER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO EZENHANCER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

The limitations above shall apply regardless of the theory of liability (contract, tort, including negligence, strict liability, or otherwise) and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages, so the above limitations may not apply to you in their entirety.

11. Indemnification

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

• Your use of or inability to use the Service;
• Your User Content;
• Your violation of these Terms or of any applicable law or regulation; or
• Your violation of any third-party rights, including intellectual property rights or privacy rights.

12. Account Deletion and Data Erasure

12.1 You may delete your account at any time by contacting us at [email protected]. Account deletion is irreversible. Upon deletion, your access to the Service will be immediately terminated, and any unused credits or subscription benefits will be forfeited without refund.

12.2 Following account deletion, we will delete or anonymize your personal information within 90 days, except as required to be retained by applicable law (e.g., transaction records, which must be retained for legal and tax purposes). Uploaded images are deleted within 24 hours of processing regardless of account status.

13. API Access and Fair Use Policy

If you access the Service through our API, the following additional terms apply:

• Authorized Use: API access is granted solely for integration with your own applications or internal workflows. You may not resell, sublicense, or provide white-label API access to third parties without our written consent.
• Rate Limits: You must adhere to any rate limits, concurrency limits, or quota restrictions communicated to you. Excessive or abusive API usage may result in rate limiting, suspension, or termination of your API access.
• Responsibility: You are responsible for ensuring that all users of your application comply with these Terms and applicable law. You must not enable or facilitate any prohibited use through your integration.
• Availability: We do not guarantee uninterrupted API availability and reserve the right to modify or discontinue the API at any time with reasonable notice where practicable.

14. Modifications to the Service and Terms

14.1 We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time. We will endeavor to provide reasonable advance notice of material changes to the Service.

14.2 We may revise these Terms at any time. When we make material changes, we will update the "Last Updated" date and provide notice via email or a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date of the change.

15. Termination

15.1 Termination by You: You may terminate these Terms at any time by deleting your account and ceasing all use of the Service.

15.2 Termination by EzEnhancer: We may suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including but not limited to your breach of these Terms, fraudulent activity, or non-payment of fees. We will generally endeavor to provide prior notice where feasible, except where immediate termination is necessary to protect EzEnhancer or other users.

15.3 Effect of Termination: Upon termination, all licenses granted to you under these Terms immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 3.5, 5, 9, 10, 11, and 16) will survive.

16. Governing Law and Dispute Resolution

16.1 These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which EzEnhancer is incorporated, without regard to its conflict of law principles.

16.2 Before initiating any formal legal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

16.3 If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with applicable arbitration rules, unless you are entitled to use small claims court under applicable law. You agree to waive any right to a jury trial or to participate in a class action lawsuit.

16.4 Nothing in this Section prevents EzEnhancer from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of our intellectual property rights.

16.5 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and EzEnhancer regarding the Service and supersede all prior agreements.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, cyberattacks, government actions, or infrastructure failures.
• Language: These Terms are provided in English. Translations, if any, are provided for convenience only. In the event of any conflict or inconsistency, the English version shall prevail.

18. Contact Us

For questions about these Terms, please contact us: