Welcome to ProShot, a professional photo generation application owned and operated by Spearmint LLC ("we," "our," or "us"). By accessing or using ProShot ("the Application") via ProShot.app ("Website") or any associated services, you agree to comply with these Terms and Conditions ("Terms"). If you do not agree, please do not use our Application or Website.
1. Acceptance of Terms
a. Legal Age Requirement
You may only use ProShot if you are of legal age to form a binding contract in your jurisdiction. By accessing or using the Application, you represent that you meet this requirement.
b. Use on Behalf of an Entity
If you are using ProShot on behalf of an entity, you warrant that you have the authority to bind that entity to these Terms, and references to "you" include the entity.
c. Updates to Terms
We reserve the right to update these Terms from time to time. Changes will not apply retroactively and will become effective no sooner than 30 days after being posted on the Website, except for changes made for legal reasons, which will be effective immediately.
2. Account and Registration
a. Account Requirements
To access certain features of ProShot, you may need to create an account and provide accurate, up-to-date information. You are responsible for safeguarding your account credentials and for all activities occurring under your account.
b. Termination
We may suspend or terminate your account at our discretion, including for violation of these Terms, misuse of the Application, or at your request.
3. Use of ProShot
a. Permitted Use
You may use ProShot for lawful purposes only. You agree not to use the Application to:
- Generate, share, or distribute illegal, offensive, or harmful content.
- Infringe on intellectual property rights, privacy rights, or other rights of any third party.
- Circumvent any restrictions or limitations set by us.
b. User Content
You retain ownership of any content you upload to ProShot ("User Content"). By uploading User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, display, and process your content as necessary to operate the Application.
c. Prohibited Content
You may not upload or generate content that:
- Violates laws or regulations.
- Contains harmful or malicious software.
- Defames, harasses, or abuses others.
4. Intellectual Property
a. Ownership
ProShot and its content, including software, algorithms, and designs, are the intellectual property of Spearmint LLC. You may not copy, modify, distribute, or reverse-engineer any part of the Application without express permission.
b. Feedback
By providing feedback or suggestions about ProShot, you grant us the right to use, modify, and incorporate it into our services without obligation to you.
5. Privacy
a. Data Collection
We collect and process data in accordance with our Privacy Policy, available on the Website. By using ProShot, you consent to such collection and processing.
b. User Data Protection
We employ commercially reasonable measures to safeguard your data. However, no system is completely secure, and you acknowledge that your use of ProShot is at your own risk.
6. Payments and Subscriptions
a. Fees
Some features of ProShot require payment. By subscribing or making a purchase, you agree to pay the listed fees. All payments are non-refundable unless otherwise specified.
b. Changes to Fees
We reserve the right to change pricing or subscription plans at any time, with at least 30 days' notice for existing subscribers.
7. Limitation of Liability
a. Disclaimer of Warranties
ProShot is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Damages
Spearmint LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data or profits, arising from your use of ProShot.
c. Total Liability
Our total liability for any claim arising out of or relating to these Terms or your use of ProShot will not exceed the amount you paid us in the 12 months preceding the claim.
8. Termination
a. By You
You may stop using ProShot at any time. If you wish to terminate your account, you may do so through the account settings or by contacting us.
b. By Us
We may suspend or terminate your access to ProShot without notice if we determine that you have violated these Terms or for any other reason at our discretion.
c. Post-Termination Obligations
Upon termination, your right to access ProShot ceases immediately. Sections related to intellectual property, limitation of liability, and indemnification will survive termination.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. Any disputes will be resolved exclusively in the state or federal courts located in Delaware.
10. Contact Information
If you have any questions about these Terms, please contact us at:
By using ProShot, you agree to these Terms and any updates posted on our Website.