Terms of Service

1. Agreement to Terms

These Terms of Service (Terms) form a legally binding agreement between you and ProductBooth.AI Pty Ltd (we, us, or our) (ABN: as registered and available on request) regarding your use of the website at https://productbooth.ai and related products and services (Services).

By accessing or using the Services, creating an account, or clicking to accept these Terms, you agree to be bound by these Terms, our Privacy Policy, and any additional terms presented for specific features.

If you use the Services on behalf of a business or other entity, you represent that you have authority to bind that entity and references to you include that entity.

2. Definitions

• Account means a registered user account used to access the Services.
• Content means text, data, images, files, prompts, instructions, and other materials submitted, uploaded, generated, or otherwise made available through the Services.
• User Content means Content you submit, upload, input, or instruct us to process, including source product photos and prompts.
• Generated Output means images or other outputs produced by the Services in response to your User Content.
• Fees means all charges for subscriptions, top-ups, and other paid features.
• Australian Consumer Law or ACL means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

3. Account Registration & Responsibilities

You must create an Account to use core features. You must provide accurate information, keep your login credentials secure, and promptly update Account details.

You are responsible for all activity under your Account, including actions by authorised users in your organisation. You must immediately notify us at support@productbooth.ai if you suspect unauthorised access.

You must be at least 18 years old, or have legal capacity and all required consents, to accept these Terms.

4. Services Description

ProductBooth.AI provides software-as-a-service tools that help users create AI-generated product marketing images from uploaded product photos and prompts. Features may include image generation, campaign workflows, style presets, galleries, and account management tools.

We may add, remove, or change features at any time. To the maximum extent permitted by law, the Services are provided on an as is and as available basis and we do not guarantee uninterrupted availability, uptime, error-free operation, or compatibility with your systems.

Third-party links or integrations may be provided for convenience only. We are not responsible for third-party websites, services, terms, privacy practices, or content.

5. Fees & Payment

Paid use of the Services is offered through recurring subscriptions and one-time top-up purchases. Payments are processed by third-party payment providers, including Stripe.

You authorise us and our payment processors to charge applicable Fees, taxes, and charges to your chosen payment method. Unless stated otherwise, Fees are in Australian dollars and are non-refundable except as required by law.

Subscription renewals occur automatically unless cancelled before the renewal date. You are responsible for keeping payment information current. We may suspend paid features for failed or overdue payments.

You are responsible for all applicable taxes, duties, and government charges (other than taxes on our net income).

6. Intellectual Property

We and our licensors own all right, title, and interest in and to the Services, including software, designs, models, user interfaces, logos, documentation, and underlying intellectual property rights.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services for your internal business or personal use.

Except as expressly permitted, you must not copy, modify, distribute, sell, lease, reverse engineer, decompile, create derivative works from, or otherwise exploit the Services.

7. User Content & Conduct

You retain ownership of your User Content. You grant us and our subprocessors a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, transmit, and process your User Content solely as necessary to provide, secure, maintain, and improve the Services, comply with law, and enforce these Terms.

You are solely responsible for your User Content and for ensuring you have all rights, consents, and legal bases to submit and process it. You must not submit content that infringes rights, is unlawful, deceptive, defamatory, abusive, or otherwise prohibited.

We may review, remove, block, or disable access to User Content where reasonably necessary for legal, security, operational, or policy reasons.

8. Acceptable Use Policy

You must not, and must not permit others to:

• use the Services for illegal, fraudulent, or misleading conduct;
• infringe intellectual property, privacy, publicity, or other rights;
• upload malware, harmful code, or content intended to disrupt, damage, or gain unauthorised access;
• bypass, disable, or interfere with security controls, rate limits, access restrictions, or technical measures;
• scrape, crawl, mine, or extract data from the Services without our written consent;
• use the Services to train, fine-tune, benchmark, or build competing products or services without our written consent;
• resell, lease, sublicense, or commercially exploit the Services except where we expressly allow it;
• misrepresent identity, affiliation, or authority.

9. Privacy

We handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth), and applicable privacy laws. You agree that we may collect, use, and disclose personal information as described in that policy.

If you provide personal information about another person, you must have authority to do so and to permit us to process that information under these Terms.

10. Disclaimers & Limitation of Liability

To the maximum extent permitted by law, the Services are provided without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL, any applicable state or territory fair trading legislation, or any other law that cannot lawfully be excluded.

Where a statutory guarantee applies and liability can be limited, our liability is limited (at our option) to: (a) the re-supply of the Services; or (b) payment of the cost of having the Services re-supplied, as permitted by section 64A of the ACL.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, punitive, or exemplary loss, or for loss of profits, revenue, goodwill, data, business, or opportunities.

To the maximum extent permitted by law, our aggregate liability arising out of or in connection with these Terms or the Services is limited to the greater of: (a) AUD $100; and (b) the total Fees you paid to us for the Services in the 12 months immediately before the event giving rise to liability.

11. Indemnification

To the maximum extent permitted by law, you indemnify and hold harmless us, our related bodies corporate, directors, officers, employees, contractors, and agents from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your User Content; (b) your use of the Services; (c) your breach of these Terms; or (d) your violation of law or third-party rights.

12. Termination

You may stop using the Services at any time. We may suspend or terminate your access, in whole or in part, immediately or on notice, where reasonably necessary to protect the Services, comply with law, prevent harm, address non-payment, or enforce these Terms.

On termination, your right to use the Services ceases immediately. Clauses that by nature should survive termination (including payment obligations, IP, disclaimers, liability limits, indemnities, and dispute terms) survive.

13. Dispute Resolution

Before filing formal proceedings, each party agrees to try to resolve disputes in good faith by contacting the other party and allowing at least 30 days for informal resolution.

If unresolved, either party may refer the dispute to mediation administered in South Australia by an agreed mediator or, failing agreement, a mediator appointed by the Resolution Institute (or successor body). Each party bears its own costs and shares mediator costs equally unless agreed otherwise.

Subject to applicable law, disputes must be brought on an individual basis. To the extent permitted by law, you waive any right to participate in class, representative, or collective proceedings.

Nothing in this section prevents either party from seeking urgent interlocutory or equitable relief.

14. Changes to Terms

We may update these Terms from time to time. For material changes, we will provide reasonable notice, typically at least 30 days, by posting updated Terms on our website, by in-product notice, email, or a combination of these methods.

Changes become effective on the stated effective date. Your continued use of the Services after that date constitutes acceptance of the updated Terms.

15. General Provisions

• Entire Agreement: These Terms and incorporated policies form the entire agreement between you and us regarding the Services.
• Severability: If any provision is held invalid or unenforceable, the remainder continues in full force.
• No Waiver: Failure to enforce any right is not a waiver of that right.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.
• Force Majeure: We are not liable for delay or failure caused by events beyond our reasonable control, including natural disasters, telecommunications failures, cyberattacks, labour disputes, acts of government, or failures of third-party infrastructure.
• Electronic Communications: You consent to receiving notices and communications electronically. Electronic acceptance and records satisfy legal writing and signature requirements under the Electronic Transactions Act 1999 (Cth).
• Spam Compliance: We will send commercial electronic messages in accordance with the Spam Act 2003 (Cth), including unsubscribe functionality where required.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. Subject to the dispute resolution section above, the courts of South Australia and courts that may hear appeals from those courts have exclusive jurisdiction.

If you access the Services from outside Australia (including the EU or UK), you acknowledge that personal information may be processed in Australia and other countries where our service providers operate, subject to safeguards described in our Privacy Policy. Where required, you consent to those cross-border transfers.

17. Contact Information

ProductBooth.AI Pty Ltd

Registered address: 20 Goyder St Erindale

Email: support@productbooth.ai

Website: https://productbooth.ai