Effective Date: Janruary 1st, 2025

Welcome to backgrounderase.net (the “Site”), operated by Prama LLC (“Prama,” “we,” “us,” or “our”). The following terms of service (“Terms”) govern your access and use of our background removal model, Background Erase Network (“BEN”), including any associated web user interface (“Web UI”), application programming interface (“API”), and any related websites, applications, services, or tools (collectively, the “Services”).

By registering an account, subscribing to a plan, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree, you must not use or access our Services.

1. Eligibility and Acceptance of Terms

1. You must be at least 18 years of age (or the age of majority in your jurisdiction) to register for or use our Services.
2. By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to comply with these Terms.
3. If you are using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such a case, “you” and “your” will refer to both you as an individual and the entity you represent.

2. Modifications to These Terms

1. We reserve the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the Site.
2. Your continued use of the Services after such changes are posted constitutes your acceptance of the updated Terms.
3. If you do not agree with the updated Terms, you must discontinue use of the Services.

3. Description of Services

4. Accounts and API Keys

1. Account Creation: You must create an account to access and use certain Services such as api integration (available in business plan subscription) and full resolution downloads (available in starter and business plan subscriptions). You agree to provide accurate and current information and to keep it updated. You are solely responsible for safeguarding your login credentials.
2. API Keys: You may generate up to ten (10) API keys within your account. API keys do not automatically expire; you must delete unused keys if desired. You are responsible for maintaining the confidentiality and security of your API keys. Unauthorized use of your API keys may result in suspension or termination of your account.

5. Subscription, Billing, and Cancellation

1. Subscription Period: Subscriptions automatically renew each month or year (depending on your selected billing cycle) unless canceled.
2. Billing and Fees: You agree to pay the applicable subscription fee and usage fees according to your selected plan. Starter plan is $5/month + $0.04/image; Business plan is $50/month + $0.02/image. Annual subscriptions reduce the subscription fee by 17% but retain the same usage costs. All payments are handled via Stripe.
3. Upgrades/Downgrades: If you choose to upgrade or downgrade your plan mid-cycle, billing adjustments may apply at our discretion.
4. Cancellation:
   • You may cancel your subscription at any time via your account settings.
   • Upon cancellation, you retain access until the end of the current billing cycle.
   • No Refunds: We do not offer refunds for any subscription or usage fees, including partial months or api/web UI usage.

6. Content and Conduct

1. Prohibited Content:
   • No illegal, pornographic, harassing, hateful, or otherwise harmful content.
   • No content that violates or infringes the intellectual property rights of any third party.
   • Violation of these restrictions may result in immediate suspension or termination of your account.
2. Data Collection: By default, you grant us the right to use your uploaded images to train and improve our AI models.
   Opt-Out: You can opt out of data collection in your account settings. Opting out does not affect pricing or service availability but may reduce the model’s performance for your specific use cases.
3. Data Retention: We retain all user data (including images) indefinitely unless you delete your account. If you delete your account, your personal account data is removed, but previously uploaded images remain if they were used for training or otherwise stored.
4. Conduct: You agree not to engage in malicious activities or use the Services in a manner that could harm us or third parties. We reserve the right to terminate or suspend your account for violations or misconduct.

7. Intellectual Property

1. Ownership: All rights, title, and interest in and to the Services (including any improvements, modifications, and enhancements) remain with Prama LLC.
2. User Content: You retain all rights to your uploaded images. You grant us the rights in Section 6.2 to use those images for the purposes described.

8. Disclaimer of Warranties

1. As Is: The Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
2. No Guarantee: We do not guarantee that the Services will be uninterrupted, error-free, or completely secure.
3. No SLA for Non-Enterprise: Service Level Agreements (SLAs) are offered only under a separate agreement for Enterprise subscribers.

9. Limitation of Liability

1. Indirect Damages: To the fullest extent permitted by law, Prama shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data.
2. Maximum Liability: In no event shall our total cumulative liability exceed the amount you paid to us for the Services in the three (3) months preceding the event giving rise to the liability.

10. Indemnification

You agree to defend, indemnify, and hold harmless Prama LLC, its affiliates, officers, directors, employees, and agents from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from:

• Your use of and access to the Services.
• Any alleged infringement by you of any third-party right.
• Any breach of these Terms by you.

11. Mandatory Arbitration and Governing Law

1. Governing Law: These Terms are governed by the laws of the State of Kansas, USA, without regard to conflict of law provisions.
2. Arbitration: Any dispute arising from these Terms shall be settled by binding arbitration in Kansas, under the rules of the American Arbitration Association. Judgment on the award may be entered in any court having jurisdiction.
3. Waiver of Class Actions: Disputes must be resolved on an individual basis. You waive the right to participate in any class actions.

12. Termination

1. Termination by User: You may delete your account at any time. Once deleted, your personal account data is removed, subject to data retention policies in Section 6.3.
2. Termination by Prama: We reserve the right to suspend or terminate your account if we determine you have violated these Terms or engaged in misconduct.
3. Effect of Termination: All rights granted to you under these Terms cease immediately. You remain responsible for any fees accrued prior to termination.

13. Additional Terms

1. Privacy Policy: Our Privacy Policy (to be developed) will detail how we handle your personal information.
2. Support: We aim to respond to support requests within 24 hours, although response times may vary.
3. Notices: All legal notices or demands to Prama should be sent to [email protected].
4. Severability: If any provision of these Terms is held invalid, the remaining provisions remain in full force.
5. Assignment: You may not assign your rights or obligations under these Terms without prior written consent from Prama.
6. Entire Agreement: These Terms, along with any referenced policies, constitute the entire agreement between you and Prama regarding the Services.

14. Contact Us

If you have any questions about these Terms, please contact us at:
Email: [email protected]

Prama LLC reserves all rights not expressly granted herein.