You can see our previous Terms of Service here
Effective date: February 16, 2021
Welcome to Prisma Labs, Inc. (“Company”, “we”, “us” or “our”), a mobile technology company specializing in deep learning-related products. Our goal is to move forward mobile photography creation to the next level using neural networks, deep learning and computer vision technics. We aim to create new ways for people to express their emotions through the camera.
These Terms of Service (these “Terms”) apply to all users and others who register with, access or use (“Use” and “Users”, “you”, as applicable) our web application Prisma Web (“Prisma Web” or “web application”), including any updates of Prisma Web, that we make available through our website https://app.prisma-ai.com (“Site”), and our services (including but not limited to Subscriptions, as defined below) accessible on or through our Site and/or Prisma Web (“Services”). To make these Terms easier to read, Prisma Web, Site and Services are collectively called “Prisma Web Services”.
These Terms are a binding contract between you and us. By accepting these Terms through Using Prisma Web Services, you are accepting and agreeing to these Terms on behalf of yourself or the entity that you represent in connection with the Use of Prisma Web Services. If you are Using Prisma Web Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’ or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
By Using Prisma Web Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 18 (Dispute Resolution; Binding Arbitration), do not Use Prisma Web Services. Your continued Use of Prisma Web Services will confirm your acceptance of these Terms.
If you have any questions about these Terms or Prisma Web Services, please contact us (for contact information, please, see How to Contact Us Section).
Prisma Web is a web application based software that uses artificial intelligence algorithms to transform your photos into works of art or change the background or foreground, overlay objects with different objects and clone/copy the style or effects from other image. The artificial intelligence algorithms use styles inspired by various famous artists. Prisma Web allows you to upload preexisting photos onto the application. You can then apply different stylized filters or effects to the photos. Once you choose a filter or effect, Prisma Web’s algorithm runs transforming the photo. You can then share the photos through social media sites or store them for personal use.
General age limitation. You must be at least 13 years of age to Use Prisma Web Services. If you are under 18 years of age (or the age of legal majority where you live), you may only Use Prisma Web Services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such User in connection with Prisma Web Services.
Age limitation for the European Economic Area (“EEA”) residents. Due to requirements of the General Data Protection Regulation (“GDPR”) you shall be at least 16 years old in order to Use Prisma Web Services. To the extent prohibited by applicable law, we do not allow Use of Prisma Web Services by the EEA residents younger than 16 years old. If you are aware of anyone younger than 16 Using Prisma Web Services, please contact us at [email protected] and we will take reasonable steps to preclude such person from Using Prisma Web Services.
You represent and warrant that you have the full power and authority to enter into this agreement and that in doing so you will not violate any other agreement to which you are a party and that you have not been previously suspended or removed from Using Prisma Web Services. You further agree to Use Prisma Web Services in compliance with all applicable laws. Prisma Web Services are not available to any Users previously prohibited from Using it.
Please refer to our Privacy Policy for information about how we collect, use and disclose information about you when you Use Prisma Web Services. Transfer and storage of information about you, whilst you Use Prisma Web Services, is also governed by our Privacy Policy. You acknowledge and agree that your Use of Prisma Web Services is subject to our Privacy Policy.
You are required to register an account with us (“Account”) in order to Use Prisma Web Services. By creating an Account, you agree to: (i) provide accurate, current, and complete information for your Account, (ii) maintain and promptly update, as necessary, your Account information, (iii) maintain the security of your Account login information, (iv) be responsible for the acts or omissions of any third party who has authority to Use Prisma Web Services on your behalf, and (v) immediately notify us if you discover or otherwise suspect any security breaches related to your Account. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
We may offer certain enhanced features of Prisma Web Services which you can purchase as a monthly or yearly subscription (collectively, “Subscription”). For description of features, available via Subscriptions, please refer to our Site, Prisma Web and your Account.
When you purchase a Subscription (“Transaction”), we process your payment through a third-party payment processor Stripe (“Stripe”), using Stripe Checkout service. Stripe may collect certain financial information from you to process a payment on our behalf in relation to your Transaction, such as your name, payment amount, credit card number, expiration date of your credit card, CVC code, email address and postal address for billing and some other payment information (“Payment Information”). When you provide Payment Information to Stripe, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify Stripe of changes to your Payment Information. The amounts due from and payable by you for the Transaction will be presented to you before you place your order.
If you choose to initiate the Transaction, you expressly: (i) acknowledge and agree that all payments and monetary transactions are handled by Stripe, and (ii) agree: (a) to be bound by the Stripe’s Terms of Service on behalf of yourself or the entity that you represent, (b) to pay the applicable fees and taxes, and (c) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive an automatic email receipt from Stripe on a successful payment.
You expressly understand and agree that we shall not be liable for any payments, financial and monetary transactions between you and Stripe and you are responsible for all Transactions processed through Stripe. We are not liable for loss or damage from errant or invalid Transactions processed by Stripe. This includes Transactions that were not processed due to a network communication error or any other reason. If you process a Transaction, it is your responsibility to verify that the Transaction was successfully processed. Your order is not binding on us until accepted and confirmed by us. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
You understand that the Stripe services are subject to change at any time and such changes may adversely affect your ability to initiate a Transaction. You hereby understand and agree not to hold us liable for any adverse affects that actions (whether intentional or unintentional) on the part of Stripe may cause to your Transactions, your Account with us and your Stripe account (if applicable).
If you have any concerns or objections regarding your Transaction or Subscription, you agree to raise them with us first.
Each of the available Subscriptions will require you to pay a fee, the amount of which will be set out on the Site, Prisma Web or your Account. Your Subscription will automatically renew for an additional period equal in length to the expiring term at then-current fee unless you cancel your Subscription before such extension through the cancellation functionality provided in your Account or by contacting us via email at [email protected]. As all amounts are payable and charged at the beginning of a monthly or yearly Subscription period, you must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT IN CASE OF A SUBSCRIPTION CANCELLATION: (A) WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE FEES YOU ALREADY PAID FOR YOUR CURRENT SUBSCRIPTION PERIOD, (B) YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED SUBSCRIPTION PERIOD, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLTARY, AND (C) YOU WILL CONTINUE TO RECEIVE SERVICES ORDERED UNTIL THE END OF YOUR CURRENT SUBSCRIPTION PERIOD.
We reserve the right to change our pricing terms for Subscriptions at any time and we will notify you in advance (e.g., via email, by posting notices on Prisma Web, the Site or in your Account) of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply to Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to our pricing terms then you may choose not to renew and to cancel your Subscription in accordance with Section 6.
You agree that all Transactions, you make with us, are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features of Prisma Web Services.
Prisma Web Services may allow you to upload, create, download and share photos (collectively, “User Content”). Except for the Company License you grant us below, you retain all rights in and to your User Content, as between you and us.
You grant us a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works from and transfer your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy (the “Company License”).
You grant us consent to use the User Content, regardless of whether it includes an individual’s name, likeness or persona, sufficient to indicate the individual’s identity. You further acknowledge and agree that our use of your User Content will not result in any injury to you or to any person you authorized to act on your behalf.
You represent and warrant that: (i) you own the User Content stylized by you on or through Prisma Web Services or otherwise have the right to grant the rights and licenses set forth in these Terms, (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of the User Content you stylize on or through Prisma Web Services, and (iii) you have the legal right and capacity to enter into these Terms in your jurisdiction.
You may not create, post, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. We will not be liable to you for any modification, suspension or discontinuation of Prisma Web Services, or the loss of any User Content.
You will not violate any applicable contract, intellectual property law, any other applicable law or third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using Prisma Web Services. You represent, warrant and agree that you will not Use Prisma Web Services by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, create or share any User Content that:
We have the right to monitor your Use of Prisma Web Services to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects Prisma Web Services. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.
We reserve the right, in our sole discretion and at any time, to suspend or discontinue Prisma Web Services, introduce new features or impose limitations on certain features, or restrict access to Prisma Web Services.
Prisma Web Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters and other content contained therein (collectively, “Prisma Content”) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors reserve all rights in and to Prisma Content. You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to Use Prisma Content for your own personal use (“User License”); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use Prisma Content, (ii) copy, reproduce, distribute, publicly perform or publicly display the Prisma Content, except as expressly permitted by us or our licensors, (iii) modify the Prisma Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Prisma Content, except as expressly set forth in these Terms, (iv) use any data mining, robots or similar data gathering or extraction methods in relation to Prisma Content, or (v) use Prisma Content other than as expressly provided in these Terms. Any Use of Prisma Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Prisma Content.
Certain items of a third-party code may be included in Prisma Web Services that are subject to the GNU General Public License (“GPL”) or other open-source licenses (“Open-Source Software”). The Open-Source Software is licensed under the terms of the license that accompanies such Open-Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede the terms and conditions of any applicable end-user license for such Open-Source Software. In particular, nothing in these Terms restricts your right to copy, modify and distribute such Open-Source Software that is subject to the terms of the GPL.
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Prisma Web Services (collectively, “Feedback”). You can submit Feedback by contacting us (please, see How to Contact us Section). Your Feedback is non-confidential and will become our sole property. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to: (i) your Use of Prisma Web Services, (ii) your User Content or Feedback, (iii) your violation of these Terms, (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), and (v) your conduct in connection with Prisma Web Services. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content available on or linked to Prisma Web Services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of Prisma Web Services is at your sole risk. Prisma Web Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Prisma Web Services are accurate, complete, reliable, current or error-free. We cannot and do not guarantee the continuous, uninterrupted or error-free operability of Prisma Web Services and that Prisma Web Services will respond at a certain speed. While we attempt to make your access to and use of Prisma Web Services safe, we cannot and do not represent or warrant that Prisma Web Services or servers, on which Prisma Web Services are stored, and any server, computer or database connected to Prisma Web Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Prisma Web Services.
The Company and the other Company Parties will not be liable to you under any theory of liability — whether based in contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or Prisma Web Services, regardless of the form of the action, is limited to the amount paid, if any, by you to Use Prisma Web Services. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use Prisma Web Services exceed the amounts you have paid to the Company for Use of Prisma Web Services or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
18. DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Prisma Web Services resolved in court. Instead, all disputes arising out of or relating to these Terms or Prisma Web Services will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and the Company agree that any dispute arising out of or related to these Terms or Prisma Web Services is personal to you and the Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR PRISMA WEB SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by notifying the Company in writing. The notification must be sent to:
Prisma Labs, Inc.
Re: Arbitration Opt-out
Suite D2028
440 N Wolfe Rd
Sunnyvale, CA 94085
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
These Terms and your Use of Prisma Web Services will be governed by, construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms on Prisma Web Services and update the “Effective date” above. You are expected to check our terms regularly so you are aware of any changes, as they are binding on you. We may also attempt to notify you of such changes by sending an email notification to the address associated with your Account, or providing notice on Prisma Web, the Site or in your Account. Unless we say otherwise in our notice, the amended terms will be effective immediately and your continued Use of Prisma Web Services after we provide notice will confirm your acceptance of those changes. If you do not agree to the amended terms, you must stop Using Prisma Web Services.
By Using Prisma Web Services, you also consent to receive electronic communications from us (e.g., via email, by posting notices on Prisma Web, the Site and in your Account). These communications may include notices about Prisma Web Services, Subscriptions and your Account (e.g., Account verification, changes/updates to features of Prisma Web Services and their scope, prices of Subscriptions, technical and security notices) and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
We reserve the right, without notice and in our sole discretion, to terminate your right to Use Prisma Web Services. We are not responsible for any loss or harm related to your inability to Use Prisma Web Services. You may delete your Account at any time by using the functionality provided in your Account on Prisma Web Services or by contacting us via email at [email protected]. Upon any termination, discontinuation or cancellation of Prisma Web Services or your Account, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
If you have any questions, complaints or claims with respect to these Terms or Prisma Web Services, please contact us via email at [email protected] or our mailing address:
Prisma Labs, Inc.
Suite D2028
440 N Wolfe Rd
Sunnyvale, CA 94085
These Terms constitute the entire agreement between you and us relating to Prisma Web Services and your Use of them, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Prisma Web Services and your Use of them. The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity. You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.