Photomax - Reimagine photography through the lens of AI.

Terms of service

Last updated and effective date: May 8, 2025

Please read these terms of service carefully before using photomax.app. By using our website or related services, you agree to these terms.

The "Site" or "Website" or "Service" or "Photomax" or "Photomax App" or "Photomax.app" or "Platform" refers to photomax-operated websites and services, including photomax.app, and all related apps, services, features, content, and functions

Acceptance of Terms of Service

Your use of the Service is subject to your acceptance, without changes, of these Terms of Service and any related rules, policies, or procedures that Photomax may publish from time to time in connection with the Service. Additionally, certain features or services may have their own specific terms and conditions set by Photomax. By using those features, you agree to those additional terms, which are considered part of these Terms of Service. Photomax reserves the right, at its sole discretion, to refuse the Service to any individual or organization and to change the eligibility criteria at any time.

Rules and Conduct

By using Photomax, you agree that the Service is intended solely for creating AI models of yourself or of individuals from whom you have obtained explicit written consent. You acknowledge that if you use the Service to create AI models of others, you must have their clear written permission to use their photos and to create, train, and generate AI-generated images of them.

By using Photomax to create an AI model, you confirm that either:
(A) you are creating a model of yourself, you are at least 18 years old (or the legal age of majority in your country, if higher), and you are not a politically exposed person;
or
(B) you have obtained explicit written consent from the individual whose image and identity you are using, and you confirm that they are at least 18 years old (or the legal age in their country, if higher), and they are not a politically exposed person.

By using Photomax, you agree not to do any of the following, either directly or indirectly:

•Take actions that place an unreasonable or excessive load on Photomax systems or those of its third-party providers.

•Interfere with, or try to disrupt, the proper functioning of the Service or any activities happening on it.

•Attempt to bypass or get around any security measures we’ve put in place to control access to the Service or its features.

•Use tools like web scraping, data harvesting, or similar methods to collect data from the Service—unless allowed through an official Photomax API.

•Try to figure out or access the Service’s underlying source code, models, algorithms, or systems through reverse engineering or similar techniques (unless legally permitted).

•Copy, sell, or otherwise use any part of the Site or its content for commercial purposes without our written permission.

By using Photomax, you confirm that you are at least 18 years old or have reached the legal age of majority in your country of residence. If you are under 18, or under the legal age in your country (whichever is higher), you are not permitted to use this app. It is your responsibility to ensure that you comply with any local laws or regulations regarding age restrictions for digital services.

As a condition of using the Service, you agree not to use it for any purpose that is prohibited by these Terms of Service. This includes, but is not limited to, the following actions (whether directly or through a third party), including use of the site, the service, any assets, our models, or derivatives of our models:

•Generating, pornography, nudes or any other type of NSFW content.

•Violating any applicable law, rule, or regulation.

•Infringing on the intellectual property or other rights of any person or entity.

•Engaging in conduct that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, promotes or encourages self-harm, or is profane.

•Generating or spreading false information with the intent to cause harm.

•Impersonating others or attempting to mislead others about your identity.

•Creating or distributing content that includes personally identifying or sensitive personal information.

•Creating Assets that imply or promote support for terrorist organizations.

•Creating Assets that promote or justify violence or discrimination against individuals based on legally protected characteristics (such as race, gender, religion, sexual orientation, etc.).

•Creating Assets that exploit, harm, or abuse children in any way.

By using the Service and uploading any content, you expressly acknowledge and agree that you will not upload, post, generate, or share any photographs or content that depicts minors (individuals under the age of 18). In accordance with applicable laws and regulations, we reserve the right to monitor and review all uploaded or generated content. If any content involving minors is identified, we will promptly remove it and report any suspected instances of child exploitation, endangerment, or abuse to the appropriate law enforcement authorities in your jurisdiction. By using our service, you consent to this monitoring, review, and reporting process, and you understand that violating these terms may result in legal consequences.

DMCA and Takedowns

Photomax uses artificial intelligence systems to generate visual and other digital assets (“Assets”). While we take care to avoid misuse, some Assets may unintentionally resemble copyrighted works or trademarks owned by others. We respect the rights of creators and trademark holders around the world and expect our users to do the same. If you believe that your copyright or trademark is being infringed through the use of our Service, please contact us at [email protected]. We will review your complaint and take appropriate action in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.

Modification of Terms and Service Availability

Photomax may, at its sole discretion, update or replace these Terms of Service at any time. We may also modify, suspend, or discontinue any part of the Service—including features, content, or access to certain databases—without prior notice. Changes may be announced by posting a notice on the Photomax website or within the Service, or by sending you an email. We may also limit access to certain features or parts of the Service, or restrict your access entirely, without notice or liability. It is your responsibility to review the Terms of Service regularly. By continuing to use the Service after any changes are posted, you agree to be bound by the updated Terms.

Licensing Terms

Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to Photomax or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, Photomax reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may result in an immediate termination of your right to use our Service.

By using the Services, you grant to Photomax, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes Photomax to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by Photomax for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to Photomax survives termination of this Agreement by any party, for any reason.

Fees and Payments

You agree that Photomax provide you immediate access to digital content and begins service consumption immediately upon purchase, without the standard 14-day withdrawal period. Therefore, you expressly waive your right to withdraw from this purchase. Due to the high costs of GPU processing, we're not able to offer refunds because we reserve servers and incur high costs for your usage immediately. The subscription will be automatically renewed for the same period of time after the agreed term. If you do not wish to renew your subscription in the end of the term, you should cancel prior to the renewal date of your subscription.

Photomax offers a paid Service. You can sign up for a monthly or yearly subscription, that will automatically renew on a monthly or yearly basis. You can stop using the Service and cancel your subscription at any time through the website (click Billing). If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed or paid. Photomax reserve the right to change its prices and offering (like credits or models) at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal.

Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase and we may invoice you for such Taxes. You agree to timely pay such Taxes and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.

Termination

Photomax may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You shall defend, indemnify, and hold harmless Photomax, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Photomax reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Photomax in connection therewith.

Limitation of Liability

IN NO EVENT SHALL Photomax OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL Photomax OR LDITSOLUTIONS OR ITS OWNERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH USE OF THIS APPLICATION.

Disclaimer

ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE Photomax WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Age Requirements

By accessing the Services, you confirm that you’re at least 18 years old and meet the minimum age of digital consent in your country. If you are not old enough to consent to our Terms of Service in your country, your parent or guardian must agree to this Agreement on your behalf.

Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services. No assurances are made as to the suitability of the Assets for you.

Miscellaneous

The Terms of Service are the entire agreement between you and Photomax with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Photomax with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Photomax shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Photomax’s reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with Photomax’s prior written consent. Photomax may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

For questions regarding the Service, you can get in touch by emailing us at [email protected].

Your Rights to Use the Site; Our Content and Intellectual Property Rights

Subject to these Terms, Photomax grants you a limited, non-exclusive, revocable, and personal license to access and use the Site solely for noncommercial and informational purposes.

Unless otherwise expressly indicated by Photomax, all content displayed or made available on the Site, including without limitation, text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation and arrangement of any of the foregoing is owned by Photomax, its affiliates, licensors and/or other third parties (“Site Content”). The Site and all Site Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, the United Kingdom, and other international jurisdictions. All such rights are reserved.

All registered and unregistered trademarks, logos, and service marks are the property of Photomax and/or their respective owners. Nothing displayed or accessed in connection with the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Site without the owner’s prior written permission, except as otherwise described herein.

Prohibited Uses

You are fully responsible for your activities while using the Site, including any content, information or other materials you post or upload to the Site, and you bear all risks associated with the use of the Site. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. You also agree not to use the Site to engage in any prohibited conduct or to assist any other person or entity in engaging in any prohibited conduct.

We reserve the right (but not the obligation) in our sole discretion to (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who uses or accesses the Site in a manner that we believe violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) deny access to the Site or any features of the Site to anyone who violates these Terms or who we believe interferes with the ability of others to enjoy our Site or infringes the rights of others; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

You are prohibited from using the Site for the commission of harmful or illegal activities. Accordingly, you may not, or assist any other person to:

Violate these Terms or other policies and terms posted on, or otherwise applicable to, the Site;

Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person in any webform on the Site;

Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Site, launch a denial of service attack, or in any other way attempt to interfere with the functioning and availability of the Site;

Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, offline reader, or any data mining or similar data gathering extraction tools to access the Site, or use or launch any unauthorised script or other software;

Interfere with, disable, vandalise or disrupt the Site or servers or networks connected to the Site;

Hack into, penetrate, disable, or otherwise circumvent the security measures of the Site or servers or networks connected to the Site;

Impersonate another person or falsely represent an affiliation with any organisation or institution;

Send email to the addresses linked or made available on the Site (including in these Terms) to harass, annoy, intimidate, or threaten any of our employees or agents;

Use the Site in any way that violates any applicable national, federal, state, local or international law or regulation; or

Attempt to do any of the above.

DMCA Copyright Infringement Notice

We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to the infringing material. If you have a good faith belief that copyrighted material on the Site is being used in a way that infringes the copyright over which you are authorised to act, you may make a Notice of Infringing Material.

Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

Termination of Repeat Infringers

We will terminate or disable your use of the Site in appropriate circumstances if you are deemed by us to be a repeat copyright infringer.

Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO THE SITE OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Photomax AI MAKE NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO AND USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

Photomax reserve the right in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Photomax will not be liable to you or to any third party for any modification or discontinuance of the Site, except as set forth in the “Limitation of Liability” section below.

You understand that we are not responsible for any activities or legal consequences of your use of the Site. Users are responsible for using the Site in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as these Terms. Any violation of these Terms may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Site.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER Photomax NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Photomax HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING

FROM: (A) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (B) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SITE; OR (C) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL Photomax'S'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100). IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THESE TERMS MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Links to and From Other Websites

You may gain access to other websites via links on the Site. These Terms apply to the Site only and do not apply to other parties’ websites. Similarly, you may have come to the Site via a link from another website. The terms of service of other websites do not apply to the Site. Photomax assumes no responsibility for any terms of service or material outside of the Site accessed via any link. You are free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website or service by Photomax or the Site. Unless expressly agreed to by us in writing, reference to any of our products, services, processes or other information by trade name, trademark, logo, or otherwise by you or any third party does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You may not, without our prior written permission, frame or inline link any of the content of the Site, scrape the Site or incorporate into another website or other service any of our material, content or intellectual property unless you are otherwise permitted by us to do so in accordance with a license or subject to separate terms.

Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate.

This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You and Photomax agree that any and all disputes, claims, demands, or causes of action (“Claims”) that have arisen or may arise between you and us, whether arising out of or relating to these Terms, the Site, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration before a neutral arbitrator, rather than in a court by a judge or jury, in accordance with the terms of this Arbitration Agreement, except that you or we may (but are not required to) assert individual Claims in small claims court if such Claims are within the scope of such court’s jurisdiction. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury or to participate in a class action and that our respective rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

You agree that any claim or cause of action arising out of or related to these Terms, the Site, or any services provided must be filed within one (1) year after the event or facts giving rise to the claim or cause of action occurred. To the extent permitted by applicable law, any claims or causes of action not filed within this period are permanently barred.

Prohibition of Class and Representative Actions and Non-Individualised Relief.

YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

Pre-Arbitration Dispute Resolution.

Before commencing any arbitration (or suit in small claims court, if available), you agree to provide Photomax with a written notice of Claim, and Photomax agrees to provide you with a written notice of Claim to the extent reasonably possible based on the availability of your contact information to Photomax (“Notice”). The Notice to Photomax shall be sent to [email protected]. Where Photomax has your contact information, Photomax will send its Notice to you using the last email address we have on file for you if you have provided us with an email address (each, a “Notice Address”). The Notice must (i) describe the nature and basis of the Claim in sufficient detail to evaluate the merits of the claiming party’s Claim and (ii) set forth the specific relief sought, including the amount of money (if any) that is demanded and the means by which the demanding party calculated the claimed amount. Both parties agree that they will attempt to resolve a Claim through informal negotiation within sixty (60) calendar days from the date the Notice is received. If the Claim is not resolved within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. Each party agrees that state and federal courts in Singapore, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

Arbitration Procedures.

The Federal Arbitration Act fully applies to the Arbitration Agreement. The arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules in effect at the time that such arbitration is initiated (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. Information about the AAA Rules and fees for consumer disputes can be found on the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control. The arbitrator must also follow the provisions of these Terms as a court would. Except as set forth above, all issues are for the arbitrator to decide, including, but not limited to, threshold issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement and issues relating to (a) whether the terms of these Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and (b) any defence to arbitration, including waiver, delay, laches, or estoppel. During arbitration proceedings, the amount of any settlement offer made by Photomax or you shall not be disclosed to the arbitrator. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. While an arbitrator may award declaratory or injunctive relief, the arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s Claim. The arbitrator’s decision and judgment thereon will not have a precedent or collateral estoppel effect on any other Claim. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any arbitration hearings will take place in Singapore, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Small Claims Court.

Subject to applicable jurisdictional requirements, either party may elect to pursue a Claim in a local small claims court rather than through arbitration so long as the matter remains in a small claims court and proceeds only on an individual basis.

Cost of Arbitration.

Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules unless otherwise provided in this Arbitration Agreement. If you are able to demonstrate to the arbitrator’s satisfaction that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, we will pay your portion of such fees, subject to allocation in the arbitrator’s award. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

Confidentiality.

Each of the parties shall maintain the strictly confidential nature of the arbitration, including all aspects of the arbitration proceeding and any ruling, decision, or award by the arbitrator, and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other results of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by law.

Opt Out.

You may reject this Arbitration Agreement, in which case only a court may be used to resolve any Claim. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you first access the Site. The Opt-Out must be sent to the Photomax Notice Address. The Opt-Out must include your name, phone number and the email address you used to sign up and use the Site. This is the only way of opting out of this Arbitration Agreement. Opting out will not affect any other aspect of these Terms and will have no effect on any other or future agreements you may reach to arbitrate with us.

Severability.

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than Paragraph 2) above titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable, and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Paragraph 2 above, titled “Prohibition of Class and Representative Actions and Non-Individualised Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to Claims for public injunctive relief. The remainder of these Terms will continue to apply.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act and the internal substantive laws of Singapore in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts in Singapore, and you and Photomax each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.

A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

Entire Agreement; Construction

These Terms contain the entire agreement between you and Photomax regarding your use of the Site and supersede any prior or contemporaneous agreements, communications, or understandings between you and Photomax on that subject.

Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void and will automatically terminate your right to use the Site. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets or to any affiliate or as part of a corporate reorganisation.

Notices

All notices to Photomax under these Terms, unless otherwise specified, shall be sent to [email protected]. Service of any notice will be deemed given on the date of receipt delivered by email.

Trademarks

All Photomax logos, trademarks, and branding are the property of Photomax and may be registered trademarks. Any other trademarks mentioned on this website belong to their respective owners. You may not use any trademarks or logos shown on this site without prior written permission from Photomax or the appropriate owner. Additionally, some features or functions of Photomax’s products may be protected by pending or granted patents.

Changes to these Terms

We may update these Terms from time to time by posting a revised version on our website or by notifying you in another way. The top of the updated Terms will show the date of the latest revision. Unless stated otherwise by Photomax, changes will take effect immediately upon posting. By continuing to use the site after any changes are made, you agree to the updated Terms.