Terms of Service

Last updated: January 1, 2025

1. Agreement to Terms

By accessing or using Niotex Studio's services, website, or API (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.

2. Description of Service

Niotex Studio provides an AI-powered product photography platform that offers:

  • Automated background removal from product images
  • AI-generated studio lighting effects
  • Image enhancement and optimization
  • API access for integration into third-party applications
  • Dashboard for managing API keys and viewing processed images

3. Account Registration and Security

To access certain features of the Service, you must register for an account. When you register, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and API keys
  • Accept responsibility for all activities under your account
  • Immediately notify us of any unauthorized use of your account

You are responsible for safeguarding your password and API keys. You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. Subscription and Payment Terms

4.1 Free Trial

We offer a 7-day free trial for new users. During the trial period, you will have access to the features included in your selected plan. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial ends.

4.2 Billing

Subscription fees are billed in advance on a monthly or annual basis, depending on the billing cycle you select. You authorize us to charge your payment method for the subscription fees plus any applicable taxes.

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. You may cancel your subscription at any time through your account settings.

4.4 Refunds

We offer a 30-day money-back guarantee for first-time subscribers. If you are not satisfied with the Service, you may request a full refund within 30 days of your initial purchase. After 30 days, subscription fees are non-refundable.

5. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable laws or regulations
  • Infringe on the intellectual property rights of others
  • Upload, process, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for competitive analysis or to build a competing product
  • Resell or redistribute the Service without our express permission
  • Circumvent any usage limits or access controls

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, and functionality, is owned by Niotex Studio and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Your Content

You retain all rights to the images you upload to the Service. By uploading content, you grant us a limited, non-exclusive license to process and store the images as necessary to provide the Service. We do not claim ownership of your images.

6.3 Processed Images

You own all rights to the processed images created using the Service, subject to your compliance with these Terms. You may use the processed images for any lawful commercial or personal purpose.

7. API Terms

If you access the Service through our API, the following additional terms apply:

  • You must use API keys to authenticate your requests
  • You may not share your API keys with third parties
  • You are responsible for maintaining the security of your API keys
  • You agree to comply with any rate limits applicable to your subscription plan
  • You must not attempt to circumvent or exceed usage limits
  • We reserve the right to revoke API access for violations of these Terms

8. Service Availability and Modifications

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service at any time
  • Perform scheduled maintenance with reasonable notice
  • Update pricing, features, or subscription plans
  • Change API specifications with reasonable notice to developers

9. Disclaimer of Warranties

THE SERVICE IS 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, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NIOTEX STUDIO, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE PAST TWELVE MONTHS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Niotex Studio and its licensees, licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your content caused damage to a third party.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us or through your account settings. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware, and the arbitrator's decision shall be final and binding.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any material changes taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Us

If you have any questions about these Terms, please contact us: