Terms of Service
COMPANY: photobook.ai Pte. Ltd.
ADDRESS: 60 Paya Lebar Road, Paya Lebar Square, 7F-54, Singapore 409051
Last updated: February 2, 2024
Thank you for visiting the photobook.ai website, using the Albumstory demo photobook making webapp or using our demo mobile apps. Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between photobook.ai and you, the User (as defined below), for the use of the web applications, mobile apps, dashboards, software, services and products provided by photobook.ai (collectively, the “Service”).
A: DEFINITIONS
Where present, the following terms shall have the definitions below:
“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including our Privacy Policy.
“Content” refers to content featured or displayed through the Website, including text, data, articles, images, photographs, graphics, software, applications, designs, templates, features, and other materials available on the Website or otherwise available through our various Services and app platforms.
“Customers” refers to individuals or entities that purchase Products through a Sales Channel.
“Orders” refer to Your Products once they have been purchased by You or Your customers.
“Completed Orders” refer to Orders that have been completed and shipped.
“Products,” refers to all products offered by different PSPs on our Website including, but not limited to photobooks, garments, accessories, home decor and other gifts.
“PSPs,” refers to the organizations and companies, including its third-party contract manufacturers, that Albumstory partners within the scope of its Service to offer Products to You.
“Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
“Us” and/or “We” and/or “Albumstory” refers to photobook.ai, as well as our directors, contractors, licensors, officers, agents, and employees. photobook.ai reserves the right to and may provide Services to you through various legal entities depending on multiple factors, such as, but not limited to PSP’s location, your location, region in which the transaction takes place and others.
“User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
“User Products” refers to Products created by Users adding Content using the Service.
“User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
“Website” refers to photobook.ai’s website located at photobook.ai, and all content, services and products provided by photobook.ai through the Website. It also includes photobook.ai-owned subdomains such as https://pwa.photobook.ai and https://app.photobook.ai and https://www.smartprint.ai and the use of future and current Albumstory plugins, such as those available in the various ecommerce platforms and stores which we may support from time to time.
“Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.
B: GENERAL
When You use Our Webapp, Website or mobile apps, You are agreeing to:
This Terms of Service
Our Privacy Policy
Any other terms or policies we reference below.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between photobook.ai and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between photobook.ai and You with regards to the access to and use of the Service.
If any of these clauses and provisions are ruled invalid or unenforceable, such provision(s) shall be severable and will not affect the validity and enforceability of the remaining provisions.
You can always contact us here: hello@photobook.ai
You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account and request for it to be Deleted.
We reserve the right to revise the Terms of Service occasionally and the most current version will always be posted here (https://www.photobook.ai/tos). In our sole discretion, if there is a material change, we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
When You use Our Webapp, Website or mobile apps, You are agreeing to:
This Terms of Service
Our Privacy Policy
Any other terms or policies we reference below.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between photobook.ai and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between photobook.ai and You with regards to the access to and use of the Service.
If any of these clauses and provisions are ruled invalid or unenforceable, such provision(s) shall be severable and will not affect the validity and enforceability of the remaining provisions.
You can always contact us here: hello@photobook.ai
You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account and request for it to be Deleted.
We reserve the right to revise the Terms of Service occasionally and the most current version will always be posted here (https://www.photobook.ai/tos). In our sole discretion, if there is a material change, we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
C. SCOPE OF SERVICES
Albumstory is an online photobook creation and printing service. We partner with various PSPs to offer Products that You can customize with Your Content and sell to your users. We also maintain and integrate with different Sales Channels so that Your Products can be easily published to your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and We start working with PSPs who will print and deliver Your Products to the Customers.
As the provider of the Service, photobook.ai does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products or do any printing. PSPs alone are responsible for their Products, the quality of the print and delivery of Your Product. If you have an issue with the Product, please see Section J below.
If You choose to use the Service to sell Your Products, Your relationship to photobook.ai is limited to being that of a client and not an employee, agent, joint venturer, or partner of photobook.ai for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of photobook.ai .
While We facilitate the resolution of disputes and provide necessary guidelines for the creation of Your Products, photobook.ai has no control over and does not guarantee the final quality of Your Product. Nor do we make any promises that Your Product will look like what you perceive them to be from our book designer software and previews if any. PSPs differ in their printing technology, product offerings, and operations.
photobook.ai may enable access to various external resources or third-party services (“Third Party Services”). photobook.ai does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Services may be governed by their own terms of service and policies. photobook.ai is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Due to the nature of the Internet, photobook.ai cannot guarantee uninterrupted access and availability of the Albumstory Service. We reserve the right to restrict the availability of our Service or certain features if necessary considering capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Albumstory Service. photobook.ai can improve or modify its Service and may introduce new offerings from time to time.
D: CONDITIONS OF USE
You must be at least 18 years old and able to access and use the Service or to create an Albumstory account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the Albumstory Service, the more specific terms and conditions will apply, unless specified otherwise.
You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.
photobook.ai grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Albumstory Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
You must be at least 18 years old and able to access and use the Service or to create an Albumstory account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the Albumstory Service, the more specific terms and conditions will apply, unless specified otherwise.
You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.
photobook.ai grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Albumstory Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
E: MAINTAINING AN ACCOUNT WITH US
To create an Albumstory Account, You may be required to provide photobook.ai with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with photobook.ai Privacy Policy. You agree that You will supply accurate and complete information to photobook.ai, and that You will update that information promptly when it changes. You further agree that:
You shall not create an account or access the Service if You are under the age of 18;
You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
You shall not have an account or use the Service if You have been previously removed by the Company;
We may reject your registration or cancel an existing registration for any reason at our sole discretion.
We will use the email address you provide as the primary method of communication.
Any harassment or insult towards photobook.ai employees may result in immediate account termination.
You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify photobook.ai if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Albumstory Account. You are solely responsible for any and all activities performed through your Albumstory account. photobook.ai will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify photobook.ai about unauthorized use of your Albumstory account or breach of your account information or password.
photobook.ai expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
You represent and warrant that you shall not conduct any Illicit Activity against photobook.ai or any third party, including when using Albumstory Service or in your sales process to your own customers. photobook.ai is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of photobook.ai Terms. photobook.ai is at all times entitled at its sole discretion to suspend the provision of Albumstory Service entirely or in part, as well as withhold any sums payable by photobook.ai to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the photobook.ai Terms.
To create an Albumstory Account, You may be required to provide photobook.ai with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with photobook.ai Privacy Policy. You agree that You will supply accurate and complete information to photobook.ai, and that You will update that information promptly when it changes. You further agree that:
You shall not create an account or access the Service if You are under the age of 18;
You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
You shall not have an account or use the Service if You have been previously removed by the Company;
We may reject your registration or cancel an existing registration for any reason at our sole discretion.
We will use the email address you provide as the primary method of communication.
Any harassment or insult towards photobook.ai employees may result in immediate account termination.
You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify photobook.ai if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Albumstory Account. You are solely responsible for any and all activities performed through your Albumstory account. photobook.ai will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify photobook.ai about unauthorized use of your Albumstory account or breach of your account information or password.
photobook.ai expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
You represent and warrant that you shall not conduct any Illicit Activity against photobook.ai or any third party, including when using Albumstory Service or in your sales process to your own customers. photobook.ai is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of photobook.ai Terms. photobook.ai is at all times entitled at its sole discretion to suspend the provision of Albumstory Service entirely or in part, as well as withhold any sums payable by photobook.ai to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the photobook.ai Terms.
F. ABOUT TEMPLATE, DESIGNS AND CONTENT
photobook.ai allows You to upload and post Content to our Website. Anything that You request to be printed, embroidered, or otherwise and/or reflected on the Products via the Services remains Your Content. You retain all rights in, other than the rights expressly granted to photobook.ai below and any that you may grant to your Customers, and are solely responsible for Your Content.
You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. You will provide photobook.ai with evidence of Your Intellectual Property Rights shall it be requested by photobook.ai .
By using the Albumstory Service, You grant photobook.ai a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Albumstory Service.
As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that
You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
You shall not modify, reverse engineer, decompile or disassemble the Service
You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of photobook.ai .
You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
You shall not use your Account to engage in any illegal conduct.
You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by us.
Any such forbidden use shall immediately terminate Your license to the Service.
photobook.ai may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. photobook.ai is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
Illegal Content: You may not post or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Self-Harm: You may not post or upload Content that promotes self-harm.
Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
When You use the Service, photobook.ai reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
photobook.ai allows You to upload and post Content to our Website. Anything that You request to be printed, embroidered, or otherwise and/or reflected on the Products via the Services remains Your Content. You retain all rights in, other than the rights expressly granted to photobook.ai below and any that you may grant to your Customers, and are solely responsible for Your Content.
You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. You will provide photobook.ai with evidence of Your Intellectual Property Rights shall it be requested by photobook.ai .
By using the Albumstory Service, You grant photobook.ai a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Albumstory Service.
As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that
You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
You shall not modify, reverse engineer, decompile or disassemble the Service
You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of photobook.ai .
You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
You shall not use your Account to engage in any illegal conduct.
You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by us.
Any such forbidden use shall immediately terminate Your license to the Service.
photobook.ai may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. photobook.ai is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
Illegal Content: You may not post or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Self-Harm: You may not post or upload Content that promotes self-harm.
Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
When You use the Service, photobook.ai reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
G. PAYMENTS
To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order unless you have prior arrangements to be given a voucher for such purposes. The price You pay will be the price of the Product plus shipping and taxes (if applicable). Orders will not be processed until payment has been received by photobook.ai .
Albumstory charges Users when Orders are submitted on our platform.
If you have an issue with your order, contact photobook.ai before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation photobook.ai offers you a refund, this will be provided in the form of an Albumstory voucher.
Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of remote fulfillment and printing, taxes differ depending on who produces or sells the Product, and where it is delivered. photobook.ai recommends that You consult with an outside tax accountant.
European Union (EU) regulations require photobook.ai to collect Value Added Tax (“VAT”) on all orders produced and shipped within the EU. Users with businesses registered with the EU may apply for a VAT Exemption if the Users have a valid VAT number. If you qualify for a VAT exemption, contact Albumstory Merchant Support with your VAT number and business details and we will apply the exemption in our system.
photobook.ai reserves the right to and may process and receive payments from you, as well as issue invoices to you from various photobook.ai legal entities depending on multiple factors.
To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order unless you have prior arrangements to be given a voucher for such purposes. The price You pay will be the price of the Product plus shipping and taxes (if applicable). Orders will not be processed until payment has been received by photobook.ai .
Albumstory charges Users when Orders are submitted on our platform.
If you have an issue with your order, contact photobook.ai before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation photobook.ai offers you a refund, this will be provided in the form of an Albumstory voucher.
Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of remote fulfillment and printing, taxes differ depending on who produces or sells the Product, and where it is delivered. photobook.ai recommends that You consult with an outside tax accountant.
European Union (EU) regulations require photobook.ai to collect Value Added Tax (“VAT”) on all orders produced and shipped within the EU. Users with businesses registered with the EU may apply for a VAT Exemption if the Users have a valid VAT number. If you qualify for a VAT exemption, contact Albumstory Merchant Support with your VAT number and business details and we will apply the exemption in our system.
photobook.ai reserves the right to and may process and receive payments from you, as well as issue invoices to you from various photobook.ai legal entities depending on multiple factors.
H. ORDER RELATED SERVICE LIMITATIONS
photobook.ai does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself. Other than issues caused by a error on our platform or software, we are not responsible for the quality and outcome of Completed Orders. The quality of the production is dependent on the PSP. Each PSP has their own tools and procedures.
Albumstory Merchant Support team handles all conflict resolution on behalf of our PSPs. Users agree to contact Albumstory Merchant Support for all conflict resolution. If the Completed Order does not meet User or Customer expectations, Users must first contact Albumstory Merchant Support within 30 days of product delivery and will not contact the PSPs. In order to best resolve the matter, the User should provide all relevant materials for photobook.ai to investigate the issue, including a description of the Completed Order, the issue, and quantity affected. If a User contacts PSP directly, the User risks account suspension at photobook.ai’s sole discretion
Products are unique and produced upon Ordering, and are hence non-refundable. By submitting an Order to production either manually or via an automatic setting, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified. If the shipment details are incorrect, or if the Customer Ordered the wrong size or color, photobook.ai can not be held responsible. The Merchant is responsible for relaying the correct information from the Merchant’s Customers.
photobook.ai does not provide Refunds for Orders still in transit, unless they are deemed lost at our sole discretion.
The merchant is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Merchant can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Merchant.
If an order has not been delivered in 14 calendar days (for domestic US or regional EU orders) or in 30 calendar days (for international orders), merchants should contact Albumstory Merchant Support within 1 week in order to be eligible for a reprint/refund.
photobook.ai does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself. Other than issues caused by a error on our platform or software, we are not responsible for the quality and outcome of Completed Orders. The quality of the production is dependent on the PSP. Each PSP has their own tools and procedures.
Albumstory Merchant Support team handles all conflict resolution on behalf of our PSPs. Users agree to contact Albumstory Merchant Support for all conflict resolution. If the Completed Order does not meet User or Customer expectations, Users must first contact Albumstory Merchant Support within 30 days of product delivery and will not contact the PSPs. In order to best resolve the matter, the User should provide all relevant materials for photobook.ai to investigate the issue, including a description of the Completed Order, the issue, and quantity affected. If a User contacts PSP directly, the User risks account suspension at photobook.ai’s sole discretion
Products are unique and produced upon Ordering, and are hence non-refundable. By submitting an Order to production either manually or via an automatic setting, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified. If the shipment details are incorrect, or if the Customer Ordered the wrong size or color, photobook.ai can not be held responsible. The Merchant is responsible for relaying the correct information from the Merchant’s Customers.
photobook.ai does not provide Refunds for Orders still in transit, unless they are deemed lost at our sole discretion.
The merchant is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Merchant can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Merchant.
If an order has not been delivered in 14 calendar days (for domestic US or regional EU orders) or in 30 calendar days (for international orders), merchants should contact Albumstory Merchant Support within 1 week in order to be eligible for a reprint/refund.
I. BRAND AND USE
All Users are required to indicate that their photobook creation service is powered by photobook.ai using only images and icons available in our brand kit. photobook.ai reserves the right to request removal of Your use of the images and icons at any time.
J. LIMITATION OF LIABILITIES
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTOBOOK.AI , ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PSPs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PHOTOBOOK.AI OR $50.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PSPs, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold photobook.ai and, its parent, subsidiaries, affiliates, partners, and PSPs, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder; or (c) your violation of any law or the rights of a third party.
Warranty Disclaimers.
photobook.ai controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PHOTOBOOK.AI, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PSPs DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOBOOK.AI OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT PHOTOBOOK.AI IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PHOTOBOOK.AI LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PSPs OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CUSTOMERS. PHOTOBOOK.AI MAKES NO WARRANTY THAT PRODUCTS PROVIDED BY PSPs WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PHOTOBOOK.AI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY A PSP.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTOBOOK.AI , ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PSPs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PHOTOBOOK.AI OR $50.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PSPs, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold photobook.ai and, its parent, subsidiaries, affiliates, partners, and PSPs, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder; or (c) your violation of any law or the rights of a third party.
Warranty Disclaimers.
photobook.ai controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PHOTOBOOK.AI, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PSPs DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHOTOBOOK.AI OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ACKNOWLEDGE AND AGREE THAT PHOTOBOOK.AI IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PHOTOBOOK.AI LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PSPs OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CUSTOMERS. PHOTOBOOK.AI MAKES NO WARRANTY THAT PRODUCTS PROVIDED BY PSPs WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PHOTOBOOK.AI MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY A PSP.
K. RESOLUTION OF DISPUTES
If a dispute arises from or relates to these Terms of Service, You agree to first contact Albumstory Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the Singapore Arbitration Association. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the Singapore Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms of Service shall be governed by the laws of Singapore, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of Singapore, for any actions not subject to Arbitration.
Further, to the fullest extent permitted by law, You and photobook.ai agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.
If a dispute arises from or relates to these Terms of Service, You agree to first contact Albumstory Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the Singapore Arbitration Association. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the Singapore Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
These Terms of Service shall be governed by the laws of Singapore, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of Singapore, for any actions not subject to Arbitration.
Further, to the fullest extent permitted by law, You and photobook.ai agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.
