Terms of Service

1. General information about Captured

Captured is an AI-powered product photography platform provided by HG Commerce AB (we, us or our), a Swedish limited company registered under organisation number 559498-1564 with its registered address at Observatoriegatan 2 a, 113 29 Stockholm, Sweden. These Terms of Service (the Terms) form a binding agreement between you, whether you are a user or a customer (you), and us regarding the use of and access to the services described herein.

By creating an account on our website at captured.art (the "Website") and using the Services (as defined below) you warrant to us that you have read and understood the Terms and agree to be bound by these Terms, our Privacy Policy and our Cookie Policy. You warrant to us that you have the authority and legal capacity to enter into a legally binding agreement with us. If you are acting on behalf of a business, you represent that you are authorised to bind that entity. If you do not agree to these Terms, you must not create an account or use the Services.

If you have any questions, you may contact us at hello@captured.art.

2. What Services are provided by Captured?

The Services

Captured enables e-commerce and direct-to-consumer brands to create photorealistic, brand-consistent product photography using artificial intelligence, without the need for traditional photo shoots (the "Services"). You provide product images to the platform either by pasting a website URL (from which we scrape and store your product images) or by manually uploading product images. Our AI systems process these images to generate new product photography. You may generate as many images as you wish. You pay only for the images you choose to download.

More information about the Services and the different subscription plans we offer can be found at our pricing page.

Subject to your compliance with these Terms, we grant you a non-exclusive, revocable and non-transferable right to access and use the Services solely for your business operations during the term of your subscription, as applicable.

Free trial

We may offer a free trial that provides a limited number of Selects (as defined in Section 6) and access to the full platform features. The free trial has no time limit and does not require a payment method. Top-up Selects are not available during the free trial. When all trial Selects have been used, you must subscribe to a paid plan to continue downloading images. We reserve the right to modify or discontinue the free trial at any time.

Availability of the Services

The Services are provided "as is" and "as available" and we use commercially reasonable efforts to make the Services available 24/7. We do not warrant that the Services will be uninterrupted or error free. We may update, amend and modify the Services, provided that performance or functionality does not decrease in any material way. We may have to suspend the Services in order to deal with technical problems, make changes, or to reflect changes in applicable laws. We will contact you in advance in case we need to suspend the supply of any Services, unless there is an urgent problem.

We host our Services through third-party infrastructure providers and implement reasonable security measures to protect your content. We are not liable for any loss of content and advise you to always keep your own backup. We are not responsible for interruptions, limitations, or malfunctions caused by external systems or integrations that the Services depend on.

If you experience service interruptions or detect a technical error in the Services, you can report the problem by using any of our Contact Information. You must make any complaint within a reasonable time (within two (2) months will always be considered reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the completion of the Services.

3. How to set up an account

In order to use the Services, you must create an account by providing accurate, current and complete information. An account is personal, and you may not transfer or give access to your account to others. The Services are intended for business use by individuals aged 18 or older.

Depending on your subscription plan, you may authorise employees or other persons to use the Services under your account ("Authorised Users"). You shall remain liable for Authorised Users' use of the Services and shall notify us immediately upon learning of any unauthorised use of the Services or any other breach of security.

4. What are your obligations?

Your use of the Services

When you use the Services you must always comply with these Terms and all applicable laws, regulations and public orders. You must maintain the security of your account credentials and promptly report any suspected unauthorised access. You shall not access the Services other than through interfaces provided by us. In addition, you shall not:

• copy, modify, reverse engineer, decompile, create derivative works from, or otherwise attempt to discover any source code, algorithms, or technical information of the Services, except to the extent permitted by mandatory law;
• use the Services to train or improve competing AI models or services;
• access, upload, or transmit any viruses, malicious code, or material intended to damage or interfere with the Services; or
• use automated tools, bots, scrapers, or similar means to extract data from the Services, except as expressly authorised.

Prohibited content

You are strictly prohibited from using the Services to create, upload, store, transmit, share, or distribute any content that is, in our sole discretion, unlawful, harmful, offensive, obscene, hateful, discriminatory, sexually explicit, or otherwise objectionable. This includes, without limitation, content that generates or disseminates false or misleading information, including deepfakes or manipulated imagery intended to mislead consumers about a product's characteristics. You may not upload or process images of identifiable individuals without their consent.

We reserve the right, at any time and without prior notice, to remove or disable access to any content that violates these Terms or mandatory law. We further reserve the right to immediately suspend or terminate any account found to be in violation.

Your provision of content and web scraping authorisation

The Services include functions for uploading, creating, generating, and storing product images and other material (collectively "Content"). You are entirely responsible for all Content in your account.

By uploading Content, you warrant that you are the owner of the uploaded Content or that you are entitled to use the Content in a way that does not violate any applicable legislation or any third party's rights.

When you submit a website URL for product image import, you additionally represent and warrant that: (a) you are the owner of the website or have been expressly authorised by the owner to permit automated retrieval of product images; (b) the images do not infringe on any third-party rights; (c) the website's terms and applicable law do not prohibit the automated retrieval; and (d) any scraped images may be processed by AI systems in accordance with these Terms. We access and retrieve only the product images and associated metadata reasonably necessary to provide the Services. You agree to indemnify us for any claims arising from the URLs you submit or the content retrieved from those URLs.

5. Who owns what?

Our intellectual property rights

We retain ownership of all intellectual property rights related to the Website and the Services, including all improvements to the Services. All materials that we produce, including the Website, design, code, graphics, interfaces, trademarks, and logos shall remain our exclusive property. You may not alter, reproduce, republish, or license any of our proprietary materials unless we expressly give you written permission. All rights not expressly granted are reserved.

Your Content

To the extent permitted by law and subject to the rights granted under these Terms, you retain all rights, titles, and interests in and to the Content you submit, upload, or otherwise make available through the Services. We do not claim ownership of your Content.

Licence for Service operations

In order to provide the Services, you grant us a worldwide, non-exclusive, royalty-free licence to use, process, access, reproduce, modify, copy, and store your Content solely to the extent necessary to provide, maintain, and improve the Services. This licence terminates when you delete your Content or when your account is terminated, except to the extent we are required to retain data by applicable law.

Input and Output

We use artificial intelligence to process your Content, which may include your input to the Services, such as product images, URLs, and other material (Input), and generate and return output based on such Input (Output). As between you and HG Commerce AB, and to the maximum extent permitted by applicable law, you own the Output. To the extent we may hold any rights in such Output, we hereby assign to you all right, title, and interest we may have, subject to your compliance with these Terms.

We do not claim ownership of any of your Input or Output. We do further not make any representation or warranty as to the legality, originality, accuracy, or fitness of any Output. You acknowledge and agree that:

• Output may contain errors, omissions, or material similar to third-party intellectual property;
• your use of any Output is at your own risk and you are solely responsible for your use, distribution, or reliance on Output, including for compliance with applicable laws and third-party rights;
• Output may be identical or substantially similar to Output generated for other users, and such similarity does not grant you any exclusivity or additional rights; and
• we expressly disclaim any and all liability arising from or relating to Output.

Due to the evolving nature of the law around generative AI, we do not guarantee or represent that you will be able to claim copyright ownership of any Output in any jurisdiction, or that any Output will not infringe on third-party intellectual property rights.

AI model training

We do not use your Input or Output to train AI models unless you have given separate, explicit consent. If we offer an opt-in mechanism for model improvement, participation is entirely voluntary and can be withdrawn at any time.

AI-generated content transparency

In compliance with the EU AI Act (Regulation (EU) 2024/1689), Article 50, all AI-generated images produced by the Services are marked in a machine-readable format and are designed to be detectable as artificially generated. This may include C2PA provenance metadata, imperceptible watermarking, or equivalent technical measures.

You must not remove, alter, disable, or circumvent any AI-generation markers, metadata, or provenance information embedded in Output. If you use AI-generated images in your own e-commerce store, marketing materials, or other contexts, you may have independent transparency obligations as a deployer under applicable law and are solely responsible for compliance.

Service data

All aggregated, anonymised, and de-identified data derived from the operation and use of the Services (such as usage metrics and performance data) shall be owned exclusively by us. We may use such data to operate, maintain, develop, and improve the Services, as well as for other lawful purposes. No Content or personal data is disclosed in non-anonymised form to any third party without your consent.

DMCA / Copyright complaints

If you have any claims that content on our Website or within the Services violates or infringes your intellectual property rights, you may send your complaint to hello@captured.art with detailed and accurate information supporting your claim, including a description of the copyrighted work, the allegedly infringing material and its location, your contact details, and a good faith belief statement. We will investigate and take appropriate action, which may include removing the material. We reserve the right to terminate the accounts of repeat infringers. We provide a counter-notification mechanism and human-reviewed appeal process in accordance with applicable law, including the EU Copyright Directive Article 17.

Feedback

By submitting feedback, comments, ideas, or suggestions for improvements to the Services ("Feedback"), you irrevocably assign to us all rights, titles, and interests in such Feedback, including all intellectual property rights. We may use Feedback for any purpose without compensation or attribution to you.

6. What are the payment terms?

Pay-per-Select model

Captured operates on a pay-per-Select model. Image generation is unlimited. You only pay for the images you choose to download, referred to as Selects. One Select equals one downloaded image.

Subscription

The Services are provided through a subscription model with different tiers, each with a defined allocation of Selects per billing period. Payment is made monthly or annually in advance. Applicable prices can be found at our pricing page. The price for the Services will always be presented before you complete your payment. If you reside in the European Union (EU), the European Economic Area (EEA), or the United Kingdom (UK), all prices displayed include applicable value added tax (VAT). For all other jurisdictions, prices are displayed exclusive of taxes, and any applicable sales, use, value added, or other taxes may be added to the displayed fees and charged accordingly.

Once you have completed your payment, we will send an email confirmation of your subscription, at which point a contract will come into existence between you and us.

Select expiration and no rollover

Selects do not roll over. Unused Selects expire at the end of each billing period and are non-refundable, non-transferable, and carry no monetary value outside the Services. Your Select allocation resets at the beginning of each new billing period.

Top-up Selects

Paid subscribers may purchase additional Selects as a one-time top-up at the price displayed at the time of purchase. Top-ups are available to paid subscribers only and are not available to free trial users. Top-up Selects expire at the end of the billing period in which they were purchased.

Generation limits

While image generation is unlimited, we reserve the right to apply fair-use policies and manage generation speeds to ensure service quality and manage infrastructure costs. These measures are applied at our sole discretion and are designed not to interfere with normal use.

Price changes

We have the right to change the prices for the Services. If we change prices, we will notify you at least thirty (30) days in advance. Price changes take effect at the start of the billing period following the notification. You are entitled to cancel your subscription before the new prices take effect.

Refunds

Unless otherwise required by applicable law, we do not provide refunds for subscription fees already paid, unused Selects, credits for partially used billing periods, or credits by reason of dissatisfaction with the Services.

EU consumer right of withdrawal

For consumers in the European Union and the European Economic Area: under the Consumer Rights Directive (2011/83/EU), you have the right to withdraw from a distance contract within fourteen (14) days without giving any reason. However, because the Services constitute digital content accessible immediately upon payment, you expressly consent to the commencement of performance during the withdrawal period and acknowledge that you thereby lose your right of withdrawal once you begin using the Services (i.e., once you begin generating or downloading images). This consent is obtained at the point of purchase through a mandatory confirmation. If you have not used any Selects within the fourteen (14) day period, you may request a full refund by contacting us using our Contact Information.

Payment information

Payments are processed by our third-party payment service provider, Stripe, Inc. ("Stripe"). Stripe's terms and conditions apply for the payment services. We do not have access to or store any payment card information. The Services may be paid for by credit or debit card. You must keep the payment information accurate and updated.

7. How is the agreement terminated?

Term

Your subscription commences upon your first payment for a billing period, which can be one (1) month or one (1) year. At the end of each billing period, your subscription will be automatically renewed for one (1) month or one (1) year (depending on the term of your current billing period) unless terminated by you before the last day of your current billing period.

Our termination rights

We may terminate this agreement with immediate effect by giving written notice if you: (a) commit a material breach that is not remedied within fourteen (14) days of receiving written notice; (b) fail to pay any amounts due within thirty (30) days of the due date; or (c) become insolvent, file for bankruptcy, or undergo similar proceedings.

Termination of subscription

To cancel your subscription, go to the user settings under your account and follow the instructions. Upon cancellation, your right to access the paid Services will be revoked after the last day of your current billing period. We will retain your Content for thirty (30) days following termination, during which you may request a data export. After this period, we will delete your Content, except to the extent required by law (for example, financial records under Swedish bookkeeping law).

If you want to deactivate your account entirely, please contact us using the Contact Information. We will then also delete or anonymise any personal data about you, with the exception of data we are required to keep by law. Please see our Privacy Policy for more information.

Customer's rights pursuant to EU Data Act

This section applies to customers established in the EU/EEA or otherwise subject to the EU Data Act (Regulation (EU) 2023/2854). Notwithstanding what is otherwise stated above, and in accordance with the Data Act, you have the right to request the transfer of your data to another provider or to have your data deleted, at any time, subject to two (2) months' written notice to us. We will provide reasonable assistance and deliver your data in a structured, commonly used, and machine-readable format. We may charge fees only to the extent permitted under the Data Act.

Survival

Any provisions of this agreement that, by their nature, are intended to survive termination, shall do so, including but not limited to those pertaining to intellectual property rights, confidentiality, limitation of liability, and indemnification.

8. What is our warranty and liability?

Limited warranties

Except for any explicit warranties provided herein, we disclaim all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. The Services are provided "as-is" and we do not make any representations or warranties regarding their accuracy, reliability, or completeness. You assume full responsibility for your use of the Services, including any Content, Input, Output and other material therein. Nothing in these Terms excludes or limits warranties that cannot be excluded or limited under applicable mandatory law.

Indemnification

You agree to indemnify, defend, and hold us harmless from any third-party claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms or any applicable laws; (b) your use of the Services, including any Input or Output; (c) any Content, including content scraped from URLs you submitted, that infringes on any third-party rights; or (d) your removal or alteration of AI-generation markers in violation of these Terms. This indemnification shall not apply to claims arising from our negligence, wilful misconduct, breach of these Terms, or defects in the Services attributable to us.

Limitation of liability

Our liability to you will be limited as follows:

• we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
• our total liability to you for all other losses arising under or in connection with any contract between us shall be limited to the total fees paid or payable by you for the Services during the twelve (12) months preceding the date of the claim. If you use the Services free of charge, our total liability shall not exceed fifty euros (€50).

These limitations do not apply to: liability arising from gross negligence or wilful misconduct; liability for fraud; liability for death or personal injury caused by negligence; or any other liability that cannot be excluded under applicable mandatory law, including Swedish consumer protection law.

Any content downloaded from or otherwise accessed through the Services (including any Output) is accessed at your own risk, and you are solely responsible for any damage to your property or any other loss that results from accessing such content.

9. Third-party services

The Services rely on third-party services, including AI model providers for image generation, Stripe for payment processing, and cloud infrastructure providers for hosting. Your use of the Services may be subject to the terms and policies of these third-party providers. We do not control third-party services and are not responsible for their availability, accuracy, or the content they produce. We have entered into data processing agreements with all third-party processors handling personal data on our behalf.

10. Other important things to know

Privacy

To provide the Services we need to process certain personal data. You can read about how we process personal data in our Privacy Policy.

Confidential information

The parties agree to treat all non-public information of the other party as confidential and not to use such confidential information for any purpose other than for the use of the Services. Neither party may disclose confidential information to any third party without the prior consent of the providing party, except as reasonably required to fulfil these Terms (provided such third party is bound by confidentiality obligations). This confidentiality undertaking remains in force for two (2) years after termination, except for trade secrets, which shall be protected without limitation in time.

Force majeure

We are not responsible for any failure, delays or defects in providing the Services if such failure or delay is due to circumstances beyond our reasonable control, including failures or outages of third-party AI model providers, internet or telecommunications failures, natural disasters, pandemics, war, or government actions.

Applicable law and dispute resolution

Swedish law shall apply to these Terms. If you have any complaints, please contact us using our Contact Information. We will always first try to resolve your complaints through discussion.

If we do not come to an understanding, any dispute arising out of or in connection with these Terms shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply, unless the SCC determines that the Arbitration Rules shall apply. The seat of arbitration shall be Stockholm, and the language shall be Swedish or English.

If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of your country of residence and may bring proceedings in your country of residence. You may also refer complaints to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN). Nothing in these Terms affects your statutory consumer rights.

Changes to the Terms

We may modify these Terms at any time by posting an updated version on the Website. In the event of changes that are not minor and may affect you, you will be notified via email at least thirty (30) days before the changes take effect. By continuing to use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Services.

Miscellaneous

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision does not constitute a waiver. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Services.

11. How can you reach out to us?

If you have any questions, you can always contact us using the details below:

Email: hello@captured.art

Company information:
HG Commerce AB, Org. No: 559498-1564
Observatoriegatan 2 a, 113 29 Stockholm, Sweden