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NEWMU LIMITED

Last updated: 3 July 2025

These Terms and Conditions of Service (“Terms“) govern your access to and use of the photo-mind.com website, its sub-domains, mobile versions, APIs and any related services (collectively, the “Platform“) operated by NEWMU LIMITED, a company incorporated in England & Wales under number 14895264 with its registered office at 5 Topham St, London EC1R 5HH, United Kingdom (“NEWMU“, “we“, “us“, “our“).

By creating an account, purchasing credits, generating or downloading any AI-generated image (“Output“) or otherwise using the Platform, you confirm that you have read, understood and agree to be bound by these Terms and the documents referenced herein. If you do not agree, you must not use the Platform.

1. DEFINITIONS

Account – the user profile created on the Platform.
AUP – the Acceptable Use & Prompt Policy set out in Annex A.
Business Day – any day other than a Saturday, Sunday or public holiday in England.
Credit – a virtual token that can be redeemed to generate an Output.
Digital Content – digital content as defined in the UK Consumer Rights Act 2015 and EU Directive 2019/770.
Output Licence – the End-User Licence Agreement in Annex B.

2. ELIGIBILITY & ACCOUNT REGISTRATION

2.1 You must be at least 18 years old and have full legal capacity to enter into a contract.
2.2 You agree to provide accurate, current and complete information during registration and keep it updated.
2.3 You are responsible for safeguarding your login credentials. All activities under your Account are deemed authorised by you.

3. SERVICES OVERVIEW

3.1 AI Image Generator

A text-to-image module where 1 Credit = 1 generation. Average generation latency target ≤ 10 s (p95).

3.2 Marketplace Images

Curated Outputs offered as finished JPG/PNG downloads priced €9.00 – €16.80 depending on resolution/licence tier.

3.3 Enterprise & API Solutions

Custom-quoted solutions (e.g., white-label generator, bulk licensing). Separate Service Level Agreement (“SLA“) and Data-Processing Addendum (“DPA“) apply (see Annex E).

We reserve the right to modify or discontinue Services with 30 days’ prior notice where feasible.

4. PRICING, CREDITS & PAYMENT

4.1 Prices are displayed in EUR, USD and GBP and are inclusive of VAT where applicable (OSS rules).
4.2 Accepted payment methods include major credit/debit cards and alternative payment methods processed via Stripe or Adyen.
4.3 Credits:

  • Non-transferable and have no monetary value.
  • Do not expire while your Account is active.
  • Bundles: 15 Credits €6.75; 50 Credits €20.50; 75 Credits €29.25; 100 Credits €37.00; 150 Credits €52.50; 200 Credits €66.00.

5. LICENCE TO OUTPUTS

Outputs are licensed, not sold, to you under the Output Licence in Annex B. You receive a non-exclusive, worldwide licence subject to the restrictions stated therein.

6. USER CONTENT & ACCEPTABLE USE

You must comply with the AUP (Annex A). Prompts or uploads that breach the AUP or applicable law may be blocked or removed without refund.

7. REFUNDS & CANCELLATIONS

A summary is provided below; the full policy is in Annex D.

  • Digital Downloads – No statutory right of withdrawal once download starts (UK CRA 2015, EU Directive 2019/770).
  • Failed Generations – Credits automatically refunded.

8. INTELLECTUAL PROPERTY

8.1 We and our licensors retain all rights in the Platform and underlying models.
8.2 You retain rights in any lawful original prompt text you submit.
8.3 Outputs may contain third-party IP; you are responsible for conducting necessary clearance.

9. DISCLAIMERS

  • Outputs are probabilistic and may contain artefacts or unintended content.
  • Except as expressly stated, the Platform is provided “as is” without warranty.
  • We do not warrant uninterrupted availability; target uptime 99 %.
  • Nothing in these Terms limits statutory rights that cannot legally be excluded.

10. LIABILITY

10.1 We are not liable for (a) indirect or consequential loss; (b) loss of profit, revenue, data or goodwill; (c) Output content resulting from prompts you provided.
10.2 Our aggregate liability is limited to the greater of (i) €100, or (ii) the total fees you paid to us in the 12 months preceding the claim, except for death, personal injury, or fraud where liability is unlimited.

11. INDEMNITY

You will indemnify us against third-party claims arising from your breach of the Terms, the AUP or any applicable law.

12. TERMINATION

We may suspend or terminate your Account with immediate effect if you (a) materially breach these Terms or the AUP; (b) fail to pay; (c) engage in fraudulent or illegal activity. On termination all licences end and unused Credits are forfeited.

13. PRIVACY & COOKIES

Processing of personal data is governed by our Privacy Policy and Cookie Policy (both available in the footer). By using the Platform you consent to such processing.

14. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of England & Wales. The courts of London have exclusive jurisdiction, except that consumers may bring proceedings in their local EU member-state court. Online consumers may also use the EU ODR platform.

15. CHANGES TO THESE TERMS

We may update these Terms from time to time. Material changes will be notified at least 14 days in advance by email or in-App banner. Continued use after the effective date constitutes acceptance.

16. CONTACT

Registered Address: 5 Topham St, London EC1R 5HH, UK
Trading Name: photo-mind.com
Email: info@photo-mind.com
Company No.: 14895264
VAT No.: (to be inserted when allocated)

ANNEX A – ACCEPTABLE USE & PROMPT POLICY (“AUP”)

  1. Illegal Content. You must not submit prompts or uploads that are unlawful (e.g., child sexual abuse material, terrorist content, copyright-infringing works not owned by you).
  2. Personal Data. Do not upload images of identifiable individuals without their explicit consent.
  3. Hate & Harassment. No content that targets protected classes with violence or slurs.
  4. Sexually Explicit. No pornographic or fetish content. Artistic nudity permitted if non-sexual.
  5. Violence & Gore. Extreme gore is prohibited. Contextual or stylised depictions allowed.
  6. Disallowed Behaviours. No attempts to reverse-engineer models, spam generation, or distribute malware via Outputs.
  7. Moderation. We use automated and human review. Breaches may result in warning, suspension or termination.

ANNEX B – END-USER LICENCE AGREEMENT (“Output Licence”)

Grant. Upon full payment, we grant you a non-exclusive, worldwide, perpetual licence to use, reproduce and display the Output for personal and commercial purposes, subject to the restrictions below.

Restrictions. You may not:

  • Resell Outputs as stock images, NFTs or part of a competing AI service.
  • Claim trademark or design right over Outputs.
  • Use Outputs in a manner that infringes third-party rights or violates Annex A.

Attribution. Where feasible online, credit “Image generated via photo-mind.com”.

Revocation. We may revoke the licence if obtained fraudulently or in breach of Annex A.

ANNEX C – CREDIT TERMS

  1. Billing. All purchases are one-time payments. No recurring charges apply.
  2. Price Changes. We will provide 30 days’ notice before any price change.
  3. Cancellation. You can stop using the service at any time; no ongoing charges apply.
  4. Unused Credits. Purchased credits remain valid for 12 months from the date of purchase.

ANNEX D – REFUND & CANCELLATION

  1. Digital Content Exception. By clicking “Generate” or “Download”, you expressly consent to immediate supply of Digital Content and acknowledge you lose the 14-day withdrawal right.
  2. Failed Generation. If an Output fails to render or is materially corrupted, the Credit will be re-issued automatically.
  3. Non-Delivery. For prepaid Marketplace items not received within 24 h, contact support within 14 days for a full refund.
  4. Chargebacks. Unwarranted chargebacks may result in Account suspension.

ANNEX E – ENTERPRISE SLA & DATA-PROCESSING ADDENDUM (SUMMARY)

  1. Uptime Commitment. 99.5 % monthly uptime; service credits of 5 % monthly fee per 1 % downtime below target.
  2. Support. Priority email support within 4 working hours.
  3. Security. ISO 27001-aligned controls; encrypted storage; annual penetration testing.
  4. Data Processing. We act as Processor; customer is Controller. Standard Contractual Clauses govern transfers to subprocessors outside the UK/EU. Full DPA available on request.

© 2025 NEWMU LIMITED. All rights reserved.

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