Terms of Service

01 These terms

These terms are between you and ProMyPhoto (ABN 81 362 647 373), a business operating in Australia (“ProMyPhoto”, “we”, “us”). You can reach us at hello@promyphoto.app. By joining early access or using the app, you agree to them. If you do not agree, do not use ProMyPhoto. We may update these terms as the product grows, and will change the date at the top when we do.

02 A product that keeps changing

ProMyPhoto is a live product that is still developing quickly. That means:

• Features change, and new ones arrive often.
• We may change, pause or remove features. Where a change materially reduces what you have paid for, we will tell you first.

We will give reasonable notice before any change that materially affects paid credits you already hold.

03 Your account

You are responsible for your account and for keeping your sign in secure. Use ProMyPhoto only for property and listing photography you are allowed to shoot. You must have the right to photograph and share the properties you capture.

04 Credits and how they work

ProMyPhoto runs on credits.

• One credit equals one finished photo. A credit is spent when you finish a photo. Capturing, storing and redownloading photos costs nothing.
• Your monthly credits. Every paid plan adds an allowance of credits every month. On a monthly plan that is the day it renews; on a yearly plan it is the same date each month as the day you bought it, for the twelve months you paid for. On a personal plan, credits you do not use roll over and never expire, and you keep them if you cancel. See section 05.
• Credits you buy outright. Credit packs, the free credits you earn on completing the first run walkthrough, promotional credits and credits we grant you through support are yours to keep and never expire while your account is open. The free credits are earned rather than given: they land once you finish the app’s short walkthrough, so an account that signs up and never gets that far never receives them.
• Top ups. You can buy additional credits at any time, on any plan. Top up credits are bought outright, so they roll over.
• Credits have no cash value. They are not transferable between accounts, cannot be sold, and are not redeemable for money.

05 Your credits roll over: please read

This section applies to personal plans (Starter, Plus and Pro, monthly or yearly, bought on our website or in the app).

• Unused plan credits roll over, with no limit. On the day your plan renews (or, on a yearly plan, on the same date each month), the credits for the new month are added to whatever you have left. Nothing is reset and nothing is taken away.
• You keep them if you cancel. When a cancelled plan reaches the end of the period you have paid for, it stops adding new credits, and every credit you have not used stays in your account until you spend it or close your account.
• Credits you bought outright never expire either. Packs, your free starting credits, promotional credits and support grants sit alongside your plan credits and stay there until you spend them or close your account.
• Upgrading adds the difference. If you move up a plan (Starter to Plus, Plus to Pro, or Starter to Pro) partway through a month, we add the difference between the two plans’ monthly credits for the month you are in, straight away. For example, Starter to Pro on the website is 114 credits (132 less 18). From then on, each month adds the amount for your new plan.

An example. A plan that includes 120 credits a month, on which you finish 105 photos, carries the other 15 into the next month, which then starts on 135.

Nothing in this section limits rights you have under the Australian Consumer Law that cannot be excluded.

06 Payments and refunds

• Prices are in US dollars.
• Paid plans bill in advance for the billing period you choose.
• Plans renew automatically. A monthly plan renews every month, and we charge the payment method you gave us on the renewal date, at the price shown when you subscribed, until you cancel. We will email you before any price change and you can cancel first.
• Yearly plans. A yearly plan is paid once a year, in advance, and renews every year on the anniversary of your purchase until you cancel. Its credits still arrive every month, as set out in section 04. No first month discount or promotion code applies to a yearly plan.
• Cancelling is immediate and self serve. Cancel any time from your account, or from your Apple subscription settings if you subscribed on iPhone. Cancelling stops the next charge; your plan keeps working until the end of the period you have already paid for.
• Spent credits are not refundable. Once a credit has finished a photo, the work is done and the credit is used.
• You can cancel a plan to stop future billing. Cancelling on its own does not refund the current period or credits already spent. A yearly plan bought on our website can also be refunded, as set out below.
• Nothing here limits rights you have under the Australian Consumer Law that cannot be excluded.

Where a refund is handled, and by whom

If you bought on iPhone, Apple handles the refund. Purchases made inside the app are sold by Apple, so Apple takes the payment and Apple decides refunds. We cannot issue one for you. Ask Apple at reportaproblem.apple.com, or through Report a Problem in your Apple account.

If you bought on our website, we handle it. Web purchases are sold by us, so a refund request comes to us at hello@promyphoto.app and we answer it ourselves.

A yearly plan bought on our website. If you ask us to cancel it with a refund, we end it and refund the months that have not started yet, in proportion to what you paid for the year. The month you are in is not refunded, even if you have not used its credits, because its allowance has already arrived. If you delete your account while on a yearly plan bought on our website, we cancel it and refund the months that have not started in the same way, so you never lose months you have paid for and cannot use. A yearly plan bought on iPhone is refunded by Apple, as above.

Either way, come to us first if something is wrong with the work. If a photo did not finish, came back broken, or is not what we said it would be, tell us. We would rather rerender it or return the credit than have you fight a refund through a storefront. That is usually faster, and it is separate from your rights below.

What we tell Apple when you ask them for a refund. When you ask Apple to refund an in app purchase, Apple may ask us what happened with it. If it does, we tell Apple how much of what you bought you had already used, whether the work was delivered and working, how long you have had an account, and whether purchases have been refunded to you before. We send that so Apple is deciding on the facts rather than guessing, and we send nothing about the content of your photographs. By buying credits in the app you agree to us sharing that information with Apple for that purpose. If you would rather we did not, email us before you ask Apple and we will not answer the request.

Nothing in these paragraphs limits rights you have under the Australian Consumer Law that cannot be excluded. If a problem with our service is a major failure, you are entitled to a remedy regardless of where you bought.

07 Acceptable use

Do not use ProMyPhoto to:

• Photograph property you have no right to photograph or publish.
• Create misleading imagery that misrepresents a property in a listing.
• Break the law, infringe someone's rights, or breach a listing platform's rules.
• Attack, overload, reverse engineer, or resell the service.

We may suspend accounts that break these rules.

08 Your content

Your photos are yours. You keep ownership of the property images you capture and the finished photos we return. You grant us the limited permission needed to process, store, and deliver them back to you, and to use them to improve ProMyPhoto and train our own image models as our Privacy Policy describes. We never sell your photos, never give them to anyone else to train their models, and never publish them. See our Privacy Policy for detail.

09 Service availability

Capture works on your phone offline. Finishing photos needs connectivity and our cloud pipeline, which depends on our own image model and the hosting it runs on. We aim for high availability but do not promise the service will be uninterrupted or error free, especially during early access. If a finish fails, we will surface the error and, where a credit was charged for work that did not complete, credit it back.

10 Liability

ProMyPhoto is provided "as is" during early access. To the extent the law allows, we are not liable for indirect or consequential loss (such as lost sales or lost listings). Where liability cannot be excluded, our total liability to you is limited to the amount you paid ProMyPhoto in the three months before the claim. This does not limit rights under the Australian Consumer Law that cannot be excluded.

11 Governing law and contact

These terms are governed by the laws of Victoria, Australia. For anything about these terms, contact hello@promyphoto.app.