Last Updated: May 30, 2025
Welcome to PhotoFuture! These Terms of Service ("Terms") govern your access to and use of the PhotoFuture website and services (collectively, the "Service"), operated by PhotoFuture by Mr. Phuripat ("we," "us," or "our"). Please read these Terms carefully before using our Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service (via Google SSO) and for any activities or actions under your account. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
PhotoFuture allows users to upload a face photograph, submit a descriptive prompt, and receive a customized avatar image generated by an AI model (Replicate API). Users can also purchase credits to generate avatars.
The Service operates on a credit-based system. You need credits to generate avatars. The number of credits required per generation is specified on the Service (e.g., 1 credit per avatar).
You can purchase credits through the Service. All payments are processed via Stripe, a third-party payment processor. By providing payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to payment information. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
Credit purchases are generally non-refundable except as required by law or at our sole discretion. Credits do not expire but have no monetary value outside of the Service and cannot be exchanged for cash.
You retain ownership of the face photographs you upload ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promoting and redistributing part or all of the Service.
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.
The AI-generated avatars ("Generated Content") are created based on your User Content and prompts. Subject to your compliance with these Terms and payment of any applicable fees (credits), we grant you a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the Generated Content for your personal or commercial purposes, as defined by the credit tier purchased.
You acknowledge that AI-generated content can sometimes be unexpected or imperfect. We make no warranties regarding the accuracy, quality, or suitability of the Generated Content for any particular purpose.
You agree not to use the Service to:
We reserve the right to terminate your access for violating any of the prohibited uses.
The Service and its original content (excluding User Content and Generated Content licensed to you), features, and functionality are and will remain the exclusive property of PhotoFuture by Mr. Phuripat and its licensors. The Service is protected by copyright, trademark, and other laws of both the Thailand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Our Service may contain links to third-party web sites or services that are not owned or controlled by us, such as Replicate and Stripe. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service (including Generated Content) will meet your requirements or expectations.
In no event shall PhotoFuture by Mr. Phuripat, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service, including User Content and Generated Content; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
These Terms shall be governed and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us: