Terms of Service

1. Acceptance of Terms

By accessing or using PhotoRaters ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the App.

2. Eligibility

To use PhotoRaters, you must:

• • Be at least 18 years of age
• • Have the legal capacity to enter into binding contracts
• • Not be prohibited from using the service under applicable laws
• • Provide accurate and truthful information during registration

3. Account Registration and Security

3.1 Account Creation

You must create an account to use PhotoRaters. You agree to provide accurate, current, and complete information and to update your information to keep it accurate and current.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. Notify us immediately of any unauthorized use.

3.3 One Account Per Person

Each user may maintain only one account. Creating multiple accounts may result in suspension or termination of all accounts.

4. User Conduct and Prohibited Activities

You agree NOT to:

• • Upload photos containing nudity, violence, hate speech, or illegal content
• • Upload photos of individuals without their consent
• • Provide fake, dishonest, or manipulated ratings
• • Attempt to game or manipulate the tier system
• • Harass, abuse, or harm other users
• • Use bots, scripts, or automated tools
• • Reverse engineer or attempt to access the App's source code
• • Violate any applicable laws or regulations
• • Upload copyrighted material without permission
• • Impersonate another person or entity

5. Content and Intellectual Property

5.1 Your Content

You retain ownership of photos you upload. By uploading content, you grant PhotoRaters a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, and distribute your content solely for providing the service, including displaying photos to other users for rating purposes, AI moderation analysis, cloud storage, and necessary third-party service providers.

5.2 Content Removal

You may delete your photos at any time through the App. We reserve the right to remove content that violates these Terms or our Content Moderation guidelines.

5.3 Our Intellectual Property

PhotoRaters, its logo, design, and all related content are owned by us or our licensors. You may not use our intellectual property without prior written permission.

5.4 Biometric Information

Photos may contain biometric identifiers such as facial geometry. We do not perform facial recognition or extract biometric templates, but photos you upload are processed by AI moderation systems and stored as part of the service. By uploading photos, you acknowledge that such photos may contain biometric data and consent to their storage and processing solely for photo rating and moderation purposes. Photos are retained until you delete them or close your account, after which they are permanently deleted within 30 days. Users in jurisdictions with specific biometric laws (Illinois, California, Texas, Washington, EU) have additional rights detailed in our Privacy Policy.

6. Rating System and Tiers

6.1 How Ratings Work

Users rate photos on a 1-10 scale. Final ratings are calculated using a weighted average based on rater tiers and fraud detection algorithms.

6.2 Tier System

Users earn score by rating photos and advance through tiers (Newcomer, Active, Trusted, Expert). Higher tiers provide benefits including faster ratings and increased vote weight.

6.3 Fraud Detection

We employ automated systems to detect suspicious rating patterns. Users found to be gaming the system may have their score reduced or accounts suspended.

7. AI Content Moderation

All uploaded photos are automatically screened by AI moderation systems before being shown to users. Photos flagged as inappropriate are rejected. This is not perfect - users can also report content. See our Content Moderation Policy for details.

8. Privacy

Your use of PhotoRaters is also governed by our Privacy Policy. Please review it to understand how we collect, use, and protect your information.

9. Disclaimers and Limitation of Liability

9.1 "As Is" Service

PhotoRaters is provided "as is" without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure service.

9.2 Limitation of Liability

To the maximum extent permitted by law, PhotoRaters and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the App.

9.3 Rating Accuracy

We do not guarantee the accuracy, reliability, or appropriateness of ratings. Ratings are subjective opinions and should not be considered professional advice.

10. Termination

10.1 By You

You may terminate your account at any time by deleting it through the App settings.

10.2 By Us

We reserve the right to suspend or terminate your account at any time for violations of these Terms, suspicious activity, or for any other reason at our sole discretion.

11. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or in-app notification. Continued use after changes constitutes acceptance of the new Terms.

12. Indemnification

You agree to indemnify, defend, and hold harmless PhotoRaters, its owner (Clément Baumann), officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney's fees) arising from: (a) your use of the service; (b) photos you upload; (c) violation of these Terms; (d) violation of any third-party rights, including copyright, privacy, or publicity rights; (e) uploading photos without required consents; or (f) any claim that your content caused damage to a third party.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by French law. For users in the European Union, you also benefit from any mandatory provisions of consumer protection law in your country of residence.

13.2 Dispute Resolution

For EU Users: Any disputes shall be resolved in the courts of your country of residence (as required by EU consumer protection law) or in France. EU users may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

For Non-EU Users: You agree to resolve disputes through good faith negotiations. If negotiations fail, disputes shall be resolved in the competent courts of Créteil, France.

Class Action Waiver: TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. This waiver does not apply where prohibited by law, including for EU consumers.

14. Miscellaneous

14.1 Entire Agreement

These Terms, along with our Privacy Policy and Content Moderation Policy, constitute the entire agreement between you and PhotoRaters.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

14.3 No Waiver

Our failure to enforce any right or provision in these Terms shall not constitute a waiver of that right or provision.

14.4 Force Majeure

We shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, internet service interruptions, government actions, or pandemics.

15. Contact Information

For questions about these Terms, please contact us: