Welcome to Name That Foto. These Terms of Service ("Terms") govern your use of the website at namethatfoto.com and all related services (the "Service") operated by Name That Foto ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Service Description
Name That Foto is an AI-powered image metadata tool that:
- Analyzes uploaded images using computer vision and AI to generate SEO-friendly filenames, titles, descriptions, and keywords
- Supports bulk image processing with customizable batch settings
- Offers Google Drive integration for direct file analysis and renaming
- Provides downloadable metadata exports in CSV format and renamed images in ZIP archives
2. Account Registration
2.1 Eligibility
You must be at least 16 years old to create an account and use the Service. By registering, you represent that you meet this requirement.
2.2 Account Security
- You are responsible for maintaining the confidentiality of your account credentials
- You agree to notify us immediately of any unauthorized use of your account
- We are not liable for any loss resulting from unauthorized access to your account
- You may sign up using email/password or Google OAuth
2.3 One Account Per Person
Each individual may maintain only one account. Creating multiple accounts to circumvent usage limits or for any other purpose is prohibited.
3. Subscription Plans and Billing
3.1 Plans
The Service offers the following tiers:
| Plan | Monthly Limit | Batch Size | Google Drive |
|---|---|---|---|
| Free | 5 images/day | 5 | No |
| Starter ($9/mo) | 100 images/month | 10 | No |
| Pro ($29/mo) | 500 images/month | 20 | Yes |
| Agency ($99/mo) | 2,000 images/month | 50 | Yes |
Annual plans are available at a 17% discount. Plan limits, pricing, and features are subject to change with reasonable notice.
3.2 Billing
- All payments are processed securely by Stripe
- Subscriptions renew automatically at the end of each billing period
- You can cancel your subscription at any time via the Stripe Customer Portal (accessible from the "Manage" link in the app)
- Upon cancellation, you retain access to paid features until the end of your current billing period, after which your account reverts to the Free plan
3.3 Credit Packs
- Credits are one-time purchases that supplement your monthly plan quota
- Your monthly plan quota is consumed first; credits are used only as overflow when your quota is exhausted
- Credits do not expire and remain in your account until used
- Credits are non-refundable once purchased
3.4 Refunds
Subscription payments may be refunded on a case-by-case basis within 7 days of the charge. Credit pack purchases are non-refundable. To request a refund, contact us at the email listed in Section 14.
4. Acceptable Use
You agree not to:
- Upload images that you do not own or have rights to process
- Use the Service to generate metadata for illegal, harmful, or infringing content
- Attempt to circumvent usage quotas, rate limits, or security measures
- Use automated bots, scrapers, or scripts to access the Service beyond normal API usage
- Interfere with or disrupt the Service or its infrastructure
- Share your account credentials with others or allow multiple users on a single account
- Reverse-engineer, decompile, or attempt to extract the source code of the Service
- Use the Service in any way that violates applicable laws or regulations
5. Image Processing and Content
5.1 Your Images
- You retain full ownership of all images you upload or process through the Service
- We do not claim any intellectual property rights over your images or the metadata we generate for them
- Uploaded images are stored temporarily (up to 1 hour) and are automatically deleted
5.2 AI-Generated Metadata
Important: All filenames, titles, descriptions, and keywords generated by the Service are AI-generated suggestions. We do not guarantee their accuracy, completeness, or suitability for any particular purpose. You are responsible for reviewing and approving all generated metadata before use.
- AI-generated filenames, titles, descriptions, and keywords are provided as suggestions only
- We make no warranty that generated metadata is accurate, complete, or free from errors
- Location detection is based on AI analysis and may not always be correct
- You are solely responsible for verifying metadata before publishing or using it commercially
5.3 NSFW Detection
The Service includes automated safe-search detection that flags potentially adult, violent, or racy content. This feature is for informational labeling only. We do not monitor, moderate, or report your content. The accuracy of NSFW detection is not guaranteed.
5.4 File Size Limits
- Web uploads: Maximum 10 MB per image
- Google Drive: Maximum 20 MB per image (oversized files are automatically skipped)
- Supported formats: JPG, PNG, WebP
6. Google Drive Integration
If you connect your Google Drive (Pro and Agency plans):
- You grant the Service permission to access only the specific folders you select
- The Service may read image files, rename files, and upload CSV metadata files to your selected folder
- You can disconnect your Google Drive at any time, which immediately revokes our access
- We are not responsible for any unintended changes to your Drive files — always verify rename operations before confirming
- Google Drive integration is subject to Google's Terms of Service and API usage policies
7. Rate Limiting
To ensure fair use and service stability, the following rate limits apply:
- Image analysis: 10 requests per minute
- Checkout/payment: 10 requests per minute
- General API: 60 requests per minute
Exceeding these limits will result in temporary request throttling. Persistent abuse may result in account suspension.
8. Affiliate Program
If you participate in our affiliate program:
- You earn a commission (default 20%) on qualifying referred subscriptions
- Referrals must be made through your unique referral link
- Self-referrals and fraudulent referrals are prohibited
- We reserve the right to adjust commission rates, withhold payouts for fraudulent activity, or terminate your affiliate status at any time
- Affiliate earnings are tracked and visible on your affiliate dashboard
9. Intellectual Property
- The Service, including its design, code, branding, and documentation, is the property of Name That Foto and is protected by intellectual property laws
- The Name That Foto name, logo, and related trademarks are our property
- You may not use our branding without prior written permission
- You retain all rights to your images and content — we claim no ownership
10. Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
- We are not responsible for the accuracy of AI-generated metadata, including incorrect location data, inaccurate descriptions, or inappropriate keyword suggestions
- We are not liable for any data loss, including loss of images, metadata, or Drive files
- Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim
11. Service Availability
- We strive to maintain high availability but do not guarantee uninterrupted service
- We may temporarily suspend the Service for maintenance, updates, or security reasons
- Third-party API outages (Google Vision, OpenAI, Stripe) may affect Service functionality
12. Termination
- You may close your account at any time by contacting us
- We may suspend or terminate your account if you violate these Terms
- Upon termination, your data will be deleted in accordance with our Privacy Policy
- Sections regarding limitation of liability, intellectual property, and dispute resolution survive termination
13. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date at the top. Your continued use of the Service after changes are posted constitutes your acceptance of the updated Terms.
14. Contact Us
If you have questions about these Terms, please contact us at:
Email: balidaytrips@gmail.com