Terms & Conditions

3.1 Account Types

We offer different account levels based on usage volume and client type:

4.1 Image Ownership & Rights

You must own or have valid legal rights (including but not limited to copyright, trademark rights, and model release rights) to all images you submit for editing. By submitting images, you represent and warrant that:

• You are the sole owner of the images, or you have obtained all necessary permissions, licenses, and releases from the rightful owner(s).
• All persons depicted in the images have provided valid model releases where required by applicable law.
• No third-party intellectual property rights are infringed by the submission or editing of the images.
• You have the right to commission editing work on the images.

4.2 Image Quality & Format

For the best editing results, we recommend:

• Images should be at least 1000 pixels on their longest side.
• Accepted formats: JPG, JPEG, PNG, WebP, TIFF, PSD, RAW, BMP, and GIF.
• Well-lit, in-focus original images yield the highest quality edits.
• Include any specific instructions, reference images, or style guides with your submission.

While we can work with lower-quality images, the final result is inherently limited by the quality of the source file. We are not responsible for quality limitations caused by low-resolution, blurry, or poorly lit source images.

4.3 Submission Methods

Images may be submitted through the following channels:

• Our web-based upload portal
• Email attachment (for small orders)
• FTP / SFTP access (for enterprise clients)
• Cloud storage links (Google Drive, Dropbox, WeTransfer, etc.)
• API integration (for enterprise clients with established workflows)

5.1 Pricing Structure

Our pricing is based on several factors:

• Service type — Different services have different base rates (e.g., background removal starts at $0.39/image, photo retouching starts at $0.99/image).
• Image complexity — Simple, medium, complex, and very complex images are priced differently. Complexity is assessed based on the number of edges, transparency, detail level, and required techniques.
• Order volume — Bulk discounts are automatically applied based on quantity tiers.
• Turnaround time — Rush and priority services carry additional surcharges.
• Service combinations — Bundled services (e.g., background removal + shadow + color correction) receive combined pricing, typically 20-30% less than individual service pricing.

5.2 Volume Discount Tiers

5.3 Quotations & Invoices

All pricing quoted is valid for 7 business days from the date of quotation unless otherwise stated. Quotations are based on the images and specifications provided at the time of request. Changes to specifications, image count, or complexity after quotation may result in revised pricing.

Invoices are generated upon order confirmation and are sent to the email address associated with your account. Payment is due as per the terms specified on the invoice.

5.4 Payment Methods

We accept the following payment methods:

• Credit/Debit Cards (Visa, Mastercard, American Express, Discover)
• PayPal
• Bank Transfer / Wire Transfer (for enterprise clients)
• Wise (TransferWise) for international payments

5.5 Payment Terms

• Standard clients: Full prepayment is required before work begins.
• Enterprise clients: Net 15 or Net 30 payment terms may be available upon credit approval. Late payments are subject to a 1.5% monthly interest charge.
• All prices are quoted in USD (United States Dollars). Payments in other currencies are converted at the applicable exchange rate at the time of transaction.
• You are responsible for any bank fees, currency conversion charges, or transaction fees imposed by your payment provider.

6.1 Standard Turnaround Times

Turnaround times are calculated from the time of payment confirmation and image receipt, not from the time of initial inquiry or quotation request. Times are measured in business hours (Monday through Saturday, 8:00 AM – 10:00 PM EST).

6.2 Delivery Method

Completed images are delivered via:

• Email (for small orders)
• Download link from our portal
• Cloud storage (Google Drive, Dropbox — for large orders)
• FTP / SFTP (for enterprise clients)
• API delivery (for integrated workflows)

6.3 Delivery Delays

While we make every effort to meet stated turnaround times, delays may occur due to:

• Incomplete, unclear, or ambiguous editing instructions
• Image quality issues that require additional processing time
• Unexpected technical complications
• Force majeure events (natural disasters, pandemics, government actions, etc.)
• Holidays, weekends, or non-business hours

In the event of a delay, we will notify you as soon as reasonably possible and provide an updated estimated delivery time. Delivery delays do not automatically entitle you to a refund but will be evaluated on a case-by-case basis.

7.1 Revision Process

• Revision requests must be submitted within 7 calendar days of delivery.
• Please provide clear, specific feedback with annotated screenshots, reference images, or detailed written instructions explaining what needs to be changed.
• Revisions must be within the original scope of work. Requests that fundamentally change the service type or significantly expand the scope may be quoted separately.
• Revision turnaround is typically 6–12 hours depending on the volume and complexity of changes requested.

7.2 Quality Control

Every image undergoes a multi-level quality control process before delivery:

• Level 1: Editor self-check against your specifications
• Level 2: Senior editor review for technical accuracy
• Level 3: QC team final review for consistency across the order batch

Our quality target is 99.8% accuracy. In the rare event that an image does not meet quality standards, we will re-process it at no charge.

7.3 Scope Limitations

The following are NOT covered under free revisions and may require additional charges:

• Completely new editing requirements not part of the original order
• Requests to change the service type (e.g., switching from background removal to full retouching)
• Re-editing based on source image changes (submitting a different image than originally provided)
• Revision requests received more than 7 days after delivery
• Style guide recalibration after initial approval

8.1 Your Intellectual Property

You retain all original intellectual property rights to the images you submit. Photofixal does not claim any ownership, copyright, or other intellectual property rights over your original images or the edited output.

8.2 Edited Images

Upon full payment, all rights to the edited images are transferred to you. You receive full ownership and unlimited usage rights to the delivered edited images for any purpose, including commercial use, without attribution required.

8.3 Photofixal's Intellectual Property

All content on our website — including but not limited to the website design, logos, text, graphics, icons, software, tools, workflows, style guides, and methodology — is the exclusive intellectual property of Photofixal and is protected by applicable copyright, trademark, and other intellectual property laws.

You may not:

• Copy, reproduce, or distribute any content from our website without prior written permission
• Reverse engineer, decompile, or disassemble any software or tools we provide
• Use our trademarks, service marks, or trade names without authorization
• Create derivative works based on our proprietary content or methodology

8.4 Portfolio Usage

Unless you explicitly request otherwise in writing, Photofixal reserves the right to use edited images (or portions thereof) in our portfolio, marketing materials, case studies, and social media for promotional purposes. We will not sell, license, or distribute your images to third parties. If you wish to opt out of portfolio usage, please notify us in writing at the time of order.

9.1 Confidentiality

We treat all client images and information as confidential. Photofixal will not disclose, share, sell, or distribute your images, client information, order details, or business data to any third party except as required to perform the services or as required by law.

9.2 Data Security Measures

We implement industry-standard security measures to protect your data:

• Encrypted file transfer — All uploads and downloads use SSL/TLS encryption
• Secure storage — Images are stored on encrypted, access-controlled servers
• Access control — Only assigned editors and QC personnel have access to your images
• NDA agreements — All editors sign non-disclosure agreements
• Automated deletion — Source and edited images are automatically deleted from our servers within 30 days of delivery unless you request otherwise

9.3 Non-Disclosure Agreements

For enterprise clients or projects involving sensitive imagery, we can execute a separate Non-Disclosure Agreement (NDA) tailored to your requirements. To request an NDA, please contact us at legal@photofixal.com.

10.1 Eligible for Full Refund

• We are unable to deliver the order due to technical or operational failures on our end
• The delivered work substantially deviates from the agreed specifications and we are unable to correct it through revisions
• You cancel the order before work has commenced
• Duplicate payment was made in error

10.2 Eligible for Partial Refund

• You cancel the order after work has commenced but before delivery — a partial refund covering the uncompleted portion may be issued
• Only a portion of the delivered images meet specifications — refund proportional to the non-compliant images
• Delivery delay exceeds the quoted turnaround by more than 50% — a goodwill discount or partial refund may be offered

10.3 Not Eligible for Refund

• You are dissatisfied but decline to request revisions or provide specific feedback
• The revision period (7 days) has expired without any communication
• The quality issue is caused by the source image quality (low resolution, blur, poor lighting)
• The request falls outside the original scope of work
• You submit different source images than those originally provided for editing
• Force majeure events prevent delivery

10.4 Refund Process

• Refund requests must be submitted within 14 calendar days of delivery
• Requests should be sent to support@photofixal.com with your order number and reason for the request
• Refunds are processed within 5–10 business days to the original payment method
• Refund processing time may vary depending on your bank or payment provider

13.1 Termination by You

You may stop using our services at any time. For orders in progress, our cancellation and refund policies (Section 10) will apply. You may request account closure by contacting us at support@photofixal.com.

13.2 Termination by Photofixal

We may suspend or terminate your access to our services at our sole discretion, with or without notice, in the following circumstances:

• Violation of any provision of these Terms
• Submission of prohibited content (Section 12)
• Fraudulent activity, including chargeback abuse
• Non-payment for delivered services
• Abusive, threatening, or harassing behavior toward our staff
• Creating multiple accounts to abuse free trials or promotions
• Prolonged inactivity (accounts inactive for 24+ months may be deactivated)

13.3 Effect of Termination

Upon termination:

• Your right to access our services ceases immediately
• All outstanding payment obligations remain due and payable
• Sections 8 (Intellectual Property), 9 (Confidentiality), 11 (Limitation of Liability), 12 (Prohibited Content), and 17 (Governing Law) survive termination
• We will delete your images and account data within 30 days per our data retention policy

15.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, you agree to first attempt to resolve the matter informally by contacting us at legal@photofixal.com. We will attempt to resolve the dispute within 30 calendar days of receiving your notice.

15.2 Governing Forum

If informal resolution is unsuccessful, any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts of the State of New York, United States of America, and you consent to the personal jurisdiction of such courts. You waive any objection to the venue of such courts and any claim that such courts are an inconvenient forum.

15.3 Waiver of Jury Trial

To the extent permitted by applicable law, you waive any right to a trial by jury in any legal proceeding arising out of or relating to these Terms or our services.