Terms of Use

1. Agreement to these Terms

These Terms of Use (the “Terms”) are a legally binding agreement between you and Aftershoot Inc., a Delaware corporation (“Aftershoot,” “we,” “us,” or “our”), governing your download, installation of, access to, and use of Photon by Aftershoot, including its desktop software, websites, AI Coach, preset marketplace, related content, updates, and support services (collectively, “Photon” or the “Service”). Aftershoot Inc. is a subsidiary of Aftershoot Private Limited. Certain technology and intellectual property used in Photon may be owned by or licensed from Aftershoot Private Limited or other Aftershoot affiliates.

Please read these Terms together with our Privacy Policy at https://getphoton.com/privacy-policy and Cookie Policy at https://getphoton.com/cookie-policy, each of which is incorporated by reference. If a separate end-user licence agreement, marketplace term, beta term, or other supplemental term applies to a feature, that supplemental term also forms part of your agreement with us. If there is a conflict, the supplemental term controls only for the relevant feature.

By downloading, installing, accessing, or using Photon, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not download or use Photon and uninstall it from your devices.

You must be at least 18 years old, or the age of legal majority where you live, to create an account or use Photon. If you use Photon for another person or organisation, you represent that you are authorised to bind them to these Terms.

2. About Photon

Photon is desktop photo-editing software designed primarily for beginners and hobbyists. It may include RAW import and rendering, editing controls, cropping, masks, presets, copy-and-paste tools, culling and ratings, offline functionality, and AI-powered guidance that may analyse a photo and suggest or explain potential edits.

Photon is a distinct product from Aftershoot’s professional products and services (“Aftershoot Core”). Access to Photon does not include Aftershoot Core, and access to Aftershoot Core does not necessarily include Photon. Separate terms may apply to Aftershoot Core.

Photon is a creative tool, not a substitute for your judgment. AI Coach suggestions may be incomplete, inaccurate, unsuitable, or aesthetically different from what you intend. You remain responsible for reviewing and deciding whether to apply, retain, publish, share, or otherwise use any edit or output.

3. Account and device security

You must create an account to use Photon. During registration, we may collect your name, email address, country or region, authentication credentials, and other basic account information described in our Privacy Policy. You must provide accurate information, keep it current, protect your login credentials, and promptly notify us at hello@aftershoot.com if you suspect unauthorised access. You are responsible for activity through your account except to the extent caused by our breach of these Terms or applicable law.

Your licence is personal and non-transferable. We may apply reasonable device, account, security, and anti-abuse limits. You may not share credentials, circumvent device limits, or allow Photon to be used as a service bureau or shared editing platform unless we expressly permit it.

4. Licence to use Photon

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to install and use Photon on supported devices that you own or control for your personal, professional, or other lawful commercial photography purposes.

Photon is licensed, not sold. We and our licensors retain all rights, title, and interest in Photon, including its software, models, interfaces, workflows, content, documentation, trademarks, and updates. No rights are granted except those expressly stated in these Terms.

You may make a reasonable backup copy of the installer where permitted by law, but you may not distribute Photon or make it available for download by others.

5. Free features and future paid features

At launch, Photon’s editing functionality is provided free of charge, with no trial expiry. We may monetise Photon in the future by introducing paid features, services, content, usage limits, subscriptions, one-time purchases, or other commercial offerings, which may include AI Coach capabilities, marketplace presets, cloud services, storage, or enhanced functionality. No feature is guaranteed to remain free indefinitely unless we expressly state otherwise.

We may add, modify, limit, or discontinue features, compatibility, integrations, or availability. Where reasonably practicable, we will provide notice of a material change that significantly reduces a feature you actively use. Nothing in these Terms guarantees that every feature, including any AI or third-party feature, will remain free or available indefinitely.

Before charging you for a new paid feature, we will display the applicable price and material purchase terms and obtain your agreement. We will not automatically convert free use into a paid subscription without your affirmative consent. Any taxes and payment, renewal, cancellation, credit, and refund rules will be disclosed at purchase and will be subject to applicable law.

6. Your photos and other content

6.1 Ownership

As between you and Aftershoot, you retain ownership of the photographs, RAW files, edits, ratings, metadata, preset files, and other content you import, create, or submit through Photon (“User Content”). These Terms do not transfer ownership of your User Content to us.

6.2 Your responsibilities

You represent that you have all rights and permissions needed to use, edit, process, and submit User Content through Photon, including any required privacy, publicity, copyright, or model permissions. You must not use Photon to create, process, or distribute unlawful content or infringe another person’s rights.

6.3 Limited processing permission

You grant us a limited, non-exclusive licence to host, copy, transmit, modify, and process User Content solely as necessary to provide the features you choose to use, maintain security, provide support you request, and comply with applicable law. This licence ends when the relevant purpose ends, subject only to legal obligations described in our Privacy Policy.

Where an editing function runs entirely on your device, the relevant photo may remain on that device. When you use AI Style or AI Coach, the relevant photos are uploaded solely to provide the feature you request. The photos are processed transiently and are not retained or stored after processing is completed. We do not retain associated photo metadata, derived representations, or recoverable copies following processing. Other online features, including account services, support, or diagnostics, may require limited data to be sent to us or our service providers as described in the Privacy Policy.

6.4 AI training and product improvement

We will not use photos uploaded for AI Style or AI Coach to train general-purpose or shared AI models. We will not use your other private User Content for such training unless we clearly disclose that use and obtain any consent required by applicable law. If Photon provides an opt-in or opt-out control for optional improvement or training uses, we will honour the setting associated with your account or device, subject to the Privacy Policy.

6.5 Outputs

As between you and Aftershoot, you retain any rights you may have in the edits and outputs you create using Photon, subject to applicable law, any third-party rights in the underlying material, and any separate licence terms attached to presets, fonts, content, or other third-party assets. Similar or identical suggestions may be generated for other users.

7. Presets, marketplace content, and third-party materials

If and when marketplace functionality becomes available, Photon may allow you to download, purchase, publish, share, or use presets and other content supplied by Aftershoot, creators, or third parties (“Marketplace Content”). Marketplace Content is licensed, not sold, under the terms shown at the time of access. Unless stated otherwise, it is for your personal use within Photon and may not be resold, redistributed, extracted, or made available as a standalone asset.

Creators and third parties are responsible for their Marketplace Content. We may review, refuse, remove, or disable content that violates law, rights, or our policies, but we are not required to monitor all content. Marketplace access, creator participation, purchases, refunds, revenue share, taxes, and licences may be governed by additional terms presented when the relevant functionality becomes available.

Photon may interoperate with third-party software, operating systems, file formats, hardware, websites, or services. We do not control them and cannot guarantee their continued availability, compatibility, performance, or security.

8. Acceptable use

You may use Photon only for lawful purposes and in accordance with these Terms. You must not:

• copy, modify, distribute, sell, lease, sublicense, or create derivative works of Photon except where these Terms or mandatory law expressly allow it;

• reverse engineer, decompile, disassemble, discover source code, extract models or model weights, or attempt to bypass technical protections, except to the limited extent such restriction is prohibited by law;

• use Photon, its outputs, interfaces, or non-public data to build, train, benchmark for publication, or improve a competing model, software, or service without our written permission;

• scrape, probe, disrupt, overload, introduce malware into, or gain unauthorised access to Photon, our systems, another user’s account, or connected services;

• share accounts, defeat licensing or usage controls, remove proprietary notices, or fraudulently obtain free or paid functionality;

• use Photon to exploit or endanger minors; create or distribute unlawful sexual content; facilitate fraud, harassment, violence, discrimination, or illegal activity; or violate privacy, publicity, intellectual-property, or other rights;

• use Photon in a high-risk context where an error could reasonably cause death, personal injury, or serious property or environmental harm; or

• misrepresent AI-generated guidance or Photon outputs in a manner that violates law or deceives others about a material fact.

We may investigate suspected misuse and may restrict or suspend affected features or accounts where reasonably necessary to protect Photon, users, third parties, or legal compliance.

9. Updates, system requirements, and offline use

Photon may download or install updates, patches, or new versions automatically where your device settings permit. Updates may be required for security, compatibility, support, or continued access to online features. You are responsible for maintaining compatible hardware, operating systems, storage, backups, and internet access where a feature requires connectivity.

Offline features may continue to operate without an internet connection, but account verification, updates, AI features, marketplace functions, and other services may periodically require connectivity. We do not guarantee compatibility with unsupported or obsolete devices, operating systems, cameras, codecs, plug-ins, or file formats.

10. Beta and experimental features

We may identify certain features as beta, preview, early access, or experimental. They may be incomplete, inaccurate, unstable, or changed or withdrawn without notice. You use them at your own risk. Unless we expressly agree otherwise, beta features are provided without service levels or commitments and should not be relied on for important or irreplaceable work.

11. Backups and data loss

Photon is not a backup or archival service. You must maintain independent backups of original photos, catalogues, edits, presets, and other important files before importing, editing, migrating, updating, or uninstalling Photon. To the fullest extent permitted by law, we are not responsible for loss or corruption that could have been avoided through reasonable backups, except where caused by our breach of these Terms or applicable law.

12. Intellectual property and feedback

Photon and all related software, designs, text, graphics, documentation, trademarks, and other materials, excluding User Content, are owned by or licensed to Aftershoot and protected by intellectual-property laws. “Aftershoot,” “Photon,” associated logos, and product names are our marks or those of our licensors. You may not use them without prior written permission except for truthful nominative reference.

If you provide ideas, feedback, or suggestions, you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use, modify, commercialise, and otherwise exploit them without restriction or compensation. This does not give us ownership of your User Content.

13. Copyright complaints

If you believe content made available through Photon infringes your copyright, please send a notice to hello@aftershoot.com that includes: identification of the copyrighted work; identification and location of the allegedly infringing material; your name and contact details; a statement that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or law; a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act for the owner; and your physical or electronic signature. We may request further information and may remove or restrict content where appropriate.

14. Privacy

Our Privacy Policy at https://getphoton.com/privacy-policy explains how we collect, use, disclose, retain, and protect personal data in connection with Photon, including account information, device and diagnostic data, online features, and any User Content processed by those features. Please review it before using Photon. Cookie use on our websites is described in our Cookie Policy at https://getphoton.com/cookie-policy.

You are responsible for providing any notices and obtaining any permissions required when your photos contain identifiable people or other personal data.

15. Suspension and termination

You may stop using Photon at any time and may uninstall it. You may request deletion of your account and personal data by emailing hello@aftershoot.com, subject to applicable legal and legitimate retention requirements described in our Privacy Policy.

We may suspend or terminate your access if you materially or repeatedly breach these Terms, create legal or security risk, fail to pay an applicable charge, or if we discontinue Photon. Where reasonable and lawful, we will provide notice and an opportunity to remedy the breach. We may act immediately where necessary to prevent harm, fraud, unauthorised access, or legal exposure.

On termination, your licence ends and you must stop using and delete Photon, except where we expressly allow continued use of a version. Sections that by their nature should survive—including ownership, feedback, disclaimers, liability, indemnity, dispute terms, and miscellaneous provisions—will survive.

16. Modifications and availability

We may modify these Terms from time to time. We will post the revised Terms and update the effective date. If a change materially affects your rights, we will provide reasonable notice through Photon, email, or our website where required. Your continued use after the effective date constitutes acceptance; if you do not agree, you must stop using Photon.

We aim to provide a reliable experience but do not promise uninterrupted, error-free, or permanently available service. Online features may be unavailable due to maintenance, security, third-party failures, legal requirements, or events beyond our reasonable control.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTON IS PROVIDED “AS IS” AND “AS AVAILABLE.” AFTERSHOOT AND ITS LICENSORS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT PHOTON, AI COACH, PRESETS, OR OUTPUTS WILL MEET YOUR REQUIREMENTS; PRODUCE A PARTICULAR CREATIVE RESULT; BE ACCURATE, UNIQUE, SECURE, UNINTERRUPTED, OR ERROR-FREE; OR WORK WITH EVERY DEVICE, CAMERA, FILE, OR THIRD-PARTY PRODUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AFTERSHOOT, ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, PHOTOS, OR USE, ARISING OUT OF OR RELATING TO PHOTON, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO PHOTON OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR PHOTON DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) US$50. THIS LIMIT DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, INCLUDING ANY NON-WAIVABLE CONSUMER RIGHTS.

19. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Aftershoot, its affiliates, and their directors, officers, employees, and agents from third-party claims, damages, losses, liabilities, and reasonable legal costs arising from your unlawful User Content, your material breach of these Terms, or your violation of another person’s rights. This obligation does not apply to the extent a claim results from our own breach, negligence, or wilful misconduct. We may control the defence and settlement of a covered claim, and you will reasonably cooperate.

20. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Subject to any mandatory consumer rights or jurisdiction that applies where you live, the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms or Photon.

Before commencing formal proceedings, you and Aftershoot agree to attempt in good faith to resolve the dispute by written notice and discussion for at least 30 days, unless urgent injunctive relief is reasonably required.

21. Consumer rights

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that cannot lawfully be excluded or limited under applicable consumer law. If the law where you live gives you additional mandatory rights, those rights apply notwithstanding these Terms.

22. Export and sanctions compliance

You may not download, access, export, re-export, or use Photon in violation of applicable export-control, sanctions, or trade laws. You represent that you are not prohibited from receiving Photon under those laws and will not use it for a prohibited end use.

23. Miscellaneous

These Terms and incorporated policies are the entire agreement between you and Aftershoot regarding Photon and replace prior discussions on that subject. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them as part of a merger, reorganisation, sale, or transfer of the relevant business or assets. We are not liable for delay caused by events beyond our reasonable control.

Headings are for convenience only. “Including” means “including without limitation.” Electronic notices and agreements satisfy legal writing requirements to the extent permitted by law.

24. Contact us

Aftershoot Inc.

A Delaware corporation, United States

Privacy and support contact: hello@aftershoot.com
Website: https://getphoton.com/