Terms & Conditions

Welcome to StudioShot, a mobile and web-based AI photography service. These terms of service are entered into by and between You and Nodogoro LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service" or "TOS"), govern your access to and use of www.studioshot.ai including any content, functionality, and services offered on or through www.studioshot.ai (the "Website"), and the StudioShot iOS and Android mobile application (the "App") whether as a guest or a registered user.


Please read the Terms of Service carefully before you start to use the Website and the App. By accessing, downloading and using the Website and/or the App, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at www.studioshot.ai/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access, download or use the Website and the App.



Description of our Services.

StudioShot is a mobile and web-based AI photography service, which allows users to upload selfies of themselves and their friends to generate personal headshots, corporate team photos, group photos of them & their friends/family, and more.


Please note that StudioShot uses Generative AI, created by a set of AI algorithms built around generating content and Astria AI for part of the AI training. We set certain restrictions on the use the AI in restricted cases (e.g., such as using nude photos, using photos of other people without their consent etc.) and we do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. In that case you can contact us and report such content following the procedures set out in these Terms of Service.


StudioShot does not use your personal information to generally train and/or create separate artificial intelligence/products.



Minimum age requirement

Our Services are not intended for individuals who are under 18 years old. If you are under 18, you shall not use the Website and the App and we will not be responsible for your use of the App and the Website. Further, any party allowing any person who is under the age of 18 to utilize the Website and the App shall be in material breach of these ToS and may have any permission, subscription or other license which they hold or enjoy for accessing and using our App and the Website, immediately revoked.



User Accounts

To access the Website and the App or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and the App that all the information you provide on the Website and the App is correct, current, and complete. You agree that all information you provide to register with this Website and the App or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.


We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.



Right to Amend

We reserve the right to amend the App and the Website, and any feature, functionality or material that we provide through the App and the Website at our sole discretion. We will not be liable if for any reason our App and the Website are unavailable in whole or in part at any time or for any period. From time to time, we may restrict access to some parts of the App and/or the Website.


You are responsible for: (i) Making all arrangements necessary for you to have access to the Website, and (ii) Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.


We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.



Intellectual Property Rights

The Website, the App and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website and the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website and App, except as follows:

You must not:


If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and the App in breach of the Terms of Service, your right to use the Website and the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website and the App or any content on the Website and the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.



Trademarks

The Company name, the terms and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.



Prohibited Uses.

You may use our App and Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use any of them:


  1. in any way that violates any applicable federal, state, local or international law or regulation.
  2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way.
  3. to stalk, abuse, use profanity, send sexually explicit communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, or otherwise harass any user or other individual.
  4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content standards set out in these Terms of Service.
  5. to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  6. to impersonate or attempt to impersonate the Company, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  7. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our App or Website or which may harm the Company or our users or expose them to liability.
  8. to solicit other users into engaging into an illegal and unlawful activities and not to conspire with other users into soliciting or committing such activities.
  9. in any manner that could disable, overburden, damage, or impair the Website or the App or interfere with any other party’s use of the Website or the App.
  10. by use of any robot, spider or other automatic device, process or means granting access to the App or the Website.
  11. by use any manual process to monitor or copy any of the material on the Website or the App or for any other unauthorized purpose without our prior written consent.
  12. by way of any device, software or routine that interferes with the proper working of the App and the Website.
  13. to introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful.
  14. to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the Website or any server, computer or database connected to the Website and the App.
  15. to attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website and the App.
  16. to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the App, the Website and other proprietary information provided along with the same, or cause others to do so.


Additionally, you agree not to use the Website and the App:

  1. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation.
  2. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics.
  3. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical, or mental characteristics, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm.
  4. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories.
  5. To provide medical advice and medical results interpretation.
  6. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily targeted use),
  7. To use and upload photos of third parties to the Website and the App and to generate AI images of those parties without their explicit consent.



We reserve the right to, in our discretion and at any time, suspend or discontinue our services, introduce new features, or impose limitations on certain features, or restrict access to the Website and the App.



User Contributions.

The Website may contain, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display or transmit to other users or to us content or materials (collectively, " User Contributions “) on or through the App or the Website. User Contributions shall also include such Content as is generated by Users in the course of utilizing the Services (e. g. User-created Content). All User Contributions must comply with the Content Standards and not be violative of any Prohibited Uses as set out in these Terms of Service.


Any User Contribution you post to the App or the Website or which you generate or post to or through the App or the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the App and the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, unlimited, transferable, sub-licensable worldwide right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or otherwise according to your account settings if and as applicable. 


You represent and warrant that:



You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and any user-created content which you create, and you, not the Company have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.


We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or the App.



Monitoring and Enforcement; Termination.

We have the right to:

- remove any User Contributions for any reason in our sole discretion.

- take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of Users of the Website and the App, or the public or could create liability for the Company.

- disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

- take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and the App.

terminate or suspend your access to all or part of the Website, Services and/or App and any associated Subscription for any or no reason, including without limitation, any violation of these Terms of Service.

- without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, Services or App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY /ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY /SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.



Limitation of Liability. We do not undertake to review the material before it is posted on the Website or the App and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.


Furthermore, with respect to any and all claims arising by virtue of our relationship with you, arising out of or in relation to your accessing or use of this Website and the App, our liability, in any and all cases, shall be limited in the aggregate and shall never exceed the total amount of subscription fees paid by you during or for the twelve-month period immediately following (or in the case of an initial subscription—encompassing) the time at which any such claim(s) accrued.



Content Standards.

The Content standards specified herein apply to any and all User Contributions. They must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:


  1. contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable,
  2. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
  3. infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person,
  4. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy,
  5. be likely to deceive any person,
  6. promote any illegal activity, or advocate, promote or assist any unlawful act,
  7. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person,
  8. impersonate any person, or misrepresent your identity or affiliation with any person or organization,
  9. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising,
  10. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.


Any Content not meeting the above standards will be promptly removed.



Linking to the Website and the App.

You may link to our Website, or the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.


You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.


We do not take responsibility and do not endorse any third-party websites, services, and content available on or linked to by the Website and the App.



Fees and Management

Unless otherwise indicated by us in writing at the time of purchase, we will charge a fixed fee for a package of curated images.  You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, the “Payment Method”) at the time of purchase. Currently payment of all fees for services made available on the Website and the App are processed through Stripe according to their posted terms of Service and Privacy Policy. We reserve the right to change the processing method without notice.


We reserve the right to offer different fees and packages for our services, including special promotional fees with differing conditions and limitations. Any materially different terms from those described in these Terms of Service will be disclosed at your sign-up or in other communications made available to you. Company reserves the right to make amendments and adjustments in any fee structure at any time, and from time to time. 


All fees are exclusive of all applicable government, state, provincial, municipal, or other taxes which you agree to pay based on where you are primarily domiciled. In addition to any fees charged by Company, you may still incur charges incidental to using our services, such as charges for Internet access, bank charges, etc.


Unless otherwise explicitly stated herein, all fees for the services purchased through the Website and the App, are non-refundable. WE DO NOT ACCEPT CANCELLATIONS FOR THE SERVICES PURCHASED THROUGH THE WEBSITE AND THE APP AND WE DO NOT PROVIDE REFUNDS. Please do not use the Website and the App at any time if you do not agree with our refund policy. Your use of or access to the Website and the App in any way confirms your acceptance of our refund policy.


You are responsible for paying all taxes associated with the fees for the services purchase through the Website and the App. Any and all payments of the fees payable to us shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, we receive an amount equal to the sum we would have received had no such deduction or withholding been made.



Copyright Infringement.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website, the App or any of the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Website or any party of the App or Services platform controlled by us by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:


  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.


Our designated Copyright Agent to receive such written notifications can be contacted by email via team@studioshot.ai


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES AND THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR THROUGH ANY OF THE SAME, OR ON ANY WEBSITE LINKED TO ANY OF THEM.


YOUR USE OF THE APP, THE WEBSITE, THE CONTENT OF EITHER, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR WEBSITE IS AT YOUR OWN RISK. THE APP, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP AND WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF ANY OF THEM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE APP, THE WEBSITE, THE CONTENT OF EITHER, OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APP OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, APP, OR ITEMS OBTAINED THROUGH THEM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



Additional Limitation of Liability.

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE APP, ANY CONTENT ON OR AVAILABLE THROUGH THEM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SAME, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.


THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



Indemnification

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the App or the Website, including, but not limited to, your User Contributions, any use of the Website’s Content, Content existing as part of or accessible through the App or the Website and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the App or the Website. Every term of these ToS are deemed to be material and you expressly agree that any violation of any provision of this Agreement by or allowed/caused by you, shall constitute a material breach.



Miscellaneous

Governing Law and Jurisdiction. All matters relating to the App and the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).


Any legal suit, action or proceeding arising out of, or related to, these Terms of Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. The forum for resolution of any such dispute shall be the State and Federal Courts of the City and County of San Francisco and/or the Northern District of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including on the basis of inconvenient forum.


Waiver and Severability. No waiver by Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.


If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.


Entire Agreement. The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and the App and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the App.


Amendments. Please note that we reserve the right to revise and update these ToS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and the App. Your continued use of the Website and the App following the posting of revised Terms of Service means that you accept and agree to the changes.


Your Comments and Concerns, Reporting Offensive Content.

This Website and App is operated by Nodogoro LLC

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: team@studioshot.ai.


Last Updated: June 15, 2023