Terms of Service

Overview

These Terms of Service ("Terms") govern your access to and use of the PoofBG website, API, and related services (collectively, the "Service") operated by PoofBG Inc. ("PoofBG," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

We may provide the Service through our website at poofbg.com, our API at api.poofbg.com, or any other platform or interface we make available. These Terms apply regardless of how you access the Service.

Please also review our Privacy Policy, which describes how we collect, use, and protect your personal information.

Account Terms

To use certain features of the Service, you must create an account. Authentication is handled through our identity provider, WorkOS. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account and use the Service. By creating an account, you represent and warrant that you meet these requirements.

Account Security

You must notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the security of your account.

Account Accuracy

You agree to provide accurate, current, and complete information when creating your account and to update such information as necessary. We reserve the right to suspend or terminate accounts that contain inaccurate or incomplete information.

Payments & Billing

PoofBG offers several plans and payment options for background removal processing. All payments are processed securely through Stripe. By purchasing credits or subscribing to a plan, you agree to the following terms.

Credit System

Each background removal consumes one credit. Credits are non-transferable and are tied to your account. Unused credits do not expire unless your account is terminated.

Plans

We offer the following plan types:

• Lite — A monthly subscription plan with a fixed monthly credit allowance. Credits reset each billing cycle and do not roll over.
• Pro — A monthly subscription plan with a larger monthly credit allowance and additional features. Credits reset each billing cycle and do not roll over.
• Pay-As-You-Go (PAYG) — Purchase credits in bulk without a recurring subscription. Credits remain on your account until used or until account termination.

Subscription Billing

Lite and Pro subscriptions are billed monthly on the anniversary of your subscription start date. You authorize us to charge your payment method on file for each billing cycle until you cancel. You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

Refunds

Refund requests are handled through Stripe. If you believe you are entitled to a refund, please contact us at [email protected] within 30 days of the charge. We evaluate refund requests on a case-by-case basis. We are not obligated to provide refunds for partially used credits or subscription periods.

Price Changes

We reserve the right to change our pricing at any time. For active subscriptions, price changes will take effect at the start of the next billing cycle. We will provide at least 30 days' notice before any price increase takes effect.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not use the Service to:

• Upload, process, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
• Upload content that infringes on the intellectual property rights of any third party.
• Upload content that contains child sexual abuse material (CSAM) or exploitative content involving minors.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems and networks.
• Interfere with or disrupt the Service or servers/networks connected to the Service.
• Use the Service to send spam or unsolicited communications.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use automated tools (bots, scrapers) to access the Service except through our published API.
• Resell, redistribute, or sublicense access to the Service without our written consent.

We reserve the right to suspend or terminate your account and refuse any current or future use of the Service if we determine, in our sole discretion, that you have violated these acceptable use provisions.

Intellectual Property

Your Content

You retain full ownership of all images and content you upload to PoofBG. We do not claim any intellectual property rights over your uploaded content or the processed results. By uploading content, you grant us a limited, non-exclusive license to process your images solely for the purpose of providing the Service.

Our Content

The Service, including its original content (excluding content provided by users), features, and functionality, is and will remain the exclusive property of PoofBG Inc. The Service is protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used without our prior written consent.

Feedback

If you provide us with suggestions, ideas, or feedback regarding the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use such feedback for any purpose without compensation or attribution to you.

API Usage

Access to the PoofBG API is subject to these Terms and any additional terms specified in the API documentation. API keys are confidential and must not be shared publicly or embedded in client-side code.

Rate Limits

API requests are subject to rate limiting. Exceeding the published rate limits may result in temporary throttling or suspension of your API access. Current rate limits are documented in the API documentation.

API Changes

We may modify, deprecate, or discontinue API endpoints at any time. We will make reasonable efforts to provide advance notice of breaking changes, but we are not obligated to maintain backward compatibility indefinitely.

Data Handling

Your use of the Service involves the processing of images and personal data. For detailed information about how we collect, use, store, and protect your data, please refer to our Privacy Policy.

Image Processing

Uploaded images are processed through our AI pipeline and stored temporarily on Cloudflare R2 for the purpose of delivering results. We do not use your uploaded images to train our AI models. Processed images are made available for download and are subject to our data retention policies as described in the Privacy Policy.

Data Security

We implement industry-standard security measures to protect your data. However, no method of electronic transmission or storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POOFBG INC., 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, 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.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100).

Termination

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

You may terminate your account at any time by contacting us at [email protected]. Upon termination, any unused credits on your account will be forfeited and no refund will be provided for unused credits or the remaining portion of any subscription period.

The following sections survive termination: Intellectual Property, Limitation of Liability, Governing Law, and any other provisions that by their nature should survive.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Service.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the competent courts of the Netherlands, and you consent to the jurisdiction of such courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Contact

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

Email: [email protected]

Website: poofbg.com