Terms of Service

Last Updated: December 18, 2025

1. Acceptance of Terms

By accessing or using www.wherewasthisphoto.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and the operator of WhereWasThisPhoto.com ("we," "us," or "our"). We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service after any modifications indicates your acceptance of the updated Terms.

2. Description of Service

WhereWasThisPhoto.com is an AI-powered service that analyzes photographs to predict where they were taken. The Service extracts metadata from uploaded photos (including GPS coordinates, camera information, and timestamps) and uses artificial intelligence to provide location estimates.

The Service operates on a freemium model with limited free usage and paid options for additional analyses.

3. Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are 18 years of age or older. We do not knowingly collect information from or provide services to anyone under 18. If we discover that a user is under 18, we will immediately terminate their access and delete any associated data.

4. Account Registration and Pro Features

4.1 Free Tier

The Service offers limited free usage. Usage limits may change at any time without notice. We reserve the right to modify, reduce, or eliminate free tier access at our sole discretion.

4.2 Pro Features

Paid features require account registration and payment. By creating an account, you agree to:

  • Provide accurate and current information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of unauthorized access

Account features and payment systems are provided through third-party services (Supabase, Stripe) and are subject to their respective terms of service.

5. Photo Uploads and Content Restrictions

5.1 Ownership and Rights

By uploading a photo to the Service, you represent and warrant that:

  • You own the photo or have full legal rights to upload and analyze it
  • The photo does not infringe on any third party's intellectual property, privacy, or other rights
  • You have obtained all necessary permissions, consents, and releases for any identifiable persons or private property in the photo
  • The photo does not contain illegal, harmful, or prohibited content

5.2 Prohibited Content

You agree NOT to upload photos containing:

  • Child sexual abuse material (CSAM) or exploitation of minors in any form
  • Illegal, fraudulent, or criminal content
  • Content that violates any applicable law or regulation
  • Malicious code, viruses, or harmful software
  • Content intended for stalking, harassment, or invasion of privacy
  • Copyrighted material without authorization
  • Private, confidential, or sensitive information without consent
  • Nudity, pornography, or sexually explicit material
  • Violent, graphic, or disturbing content
  • Content promoting hate speech, discrimination, or violence

5.3 Content Monitoring and Removal

While we do not actively monitor all uploaded content, we reserve the right to:

  • Remove any content that violates these Terms
  • Suspend or terminate accounts that violate these Terms
  • Report illegal content to appropriate authorities
  • Cooperate fully with law enforcement investigations
  • Use automated systems to detect prohibited content

You acknowledge that our team may view uploaded photos during analytics analysis or content review processes.

5.4 Your Retained Rights and License

You retain all rights and ownership of the photos you upload. We do not claim ownership of your content.

By uploading a photo, you grant us a temporary, worldwide, royalty-free license to process, analyze, and transmit the content to our third-party AI providers solely for the purpose of providing the Service.

6. Third-Party Processing and Data Handling

6.1 AI Processing

Your uploaded photos are processed by third-party AI services, including OpenAI's API. These services may retain your photos for up to 30 days for abuse monitoring and service improvement purposes before automatic deletion. We do not control third-party retention policies.

6.2 Photo Storage

Photos are generally not permanently stored on our servers. They are processed for analysis and then discarded. However:

  • Photos may be temporarily cached during processing
  • Third-party AI providers (OpenAI) retain photos for up to 30 days
  • Photos may be viewed by our team during analytics or abuse monitoring
  • We cannot guarantee immediate deletion from all systems

6.3 Metadata Extraction

The Service automatically extracts all available metadata from uploaded photos, including but not limited to:

  • GPS coordinates and location data
  • Camera make, model, and settings
  • Date, time, and timezone information
  • File properties and technical specifications

This metadata is used to provide location analysis but is not permanently stored by us.

7. No Warranties or Guarantees

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Accuracy, reliability, or correctness of location predictions or AI analysis
  • Accuracy or completeness of extracted metadata
  • Uninterrupted or error-free operation
  • Security of uploaded photos or data
  • Privacy or confidentiality of photo content
  • Compatibility with all devices or browsers

CRITICAL DISCLAIMER: AI location predictions are estimates only and may be incorrect, incomplete, or misleading. The Service uses Artificial Intelligence to analyze images. AI output is probabilistic and may be inaccurate, incorrect, or misleading. We do not guarantee the accuracy of any location data provided. DO NOT rely on the Service for critical decisions, legal proceedings, safety, navigation, or any purpose where accuracy is essential.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

  • Direct, indirect, incidental, special, consequential, or punitive damages
  • Loss or theft of photos, data, or metadata
  • Unauthorized access to or disclosure of your photos
  • Damages arising from inaccurate location predictions or AI analysis errors
  • Exposure of location data, GPS coordinates, or personal information contained in photos or metadata
  • Damages arising from reliance on Service results
  • Misuse of the Service by you or third parties (including stalking, harassment, or privacy violations)
  • Service interruptions, errors, or data loss
  • Actions or omissions of third-party service providers (OpenAI, Stripe, Supabase, Vercel)
  • Content uploaded by other users
  • Security breaches or technical failures
  • Financial losses or damages from payment processing

YOU ACKNOWLEDGE THAT UPLOADING PHOTOS WITH GPS METADATA MAY REVEAL YOUR LOCATION, HOME ADDRESS, OR OTHER SENSITIVE INFORMATION. WE ARE NOT RESPONSIBLE FOR YOUR DECISION TO UPLOAD SUCH PHOTOS OR FOR ANY CONSEQUENCES OF REVEALED LOCATION DATA.

This limitation applies regardless of the legal theory and even if we have been advised of the possibility of such damages.

9. Privacy and Location Data Warnings

9.1 Metadata Privacy Risks

Photo metadata (especially GPS coordinates) can reveal:

  • Your home address or residence
  • Locations you frequent
  • Workplaces, schools, or sensitive locations
  • Travel patterns and routines
  • Timestamps of when you were at specific locations

WARNING: By uploading photos with location metadata, you may be revealing personal and sensitive information. Remove GPS data from photos before uploading if you wish to keep locations private.

9.2 Results Privacy

Analysis results showing predicted locations are private to you. However, you are solely responsible for:

  • Who you share results with
  • How you use location information
  • Ensuring you don't use the Service to violate others' privacy
  • Complying with all applicable privacy laws

9.3 Not for Surveillance or Stalking

The Service must NOT be used for:

  • Tracking or stalking individuals
  • Surveillance without consent
  • Invading anyone's privacy
  • Determining locations of minors
  • Any illegal or harmful purposes

10. Acceptable Use Policy

You agree NOT to:

  • Upload content that is illegal, explicit, harmful, or violates the rights of others
  • Upload photos you don't own or have rights to analyze
  • Upload photos containing prohibited content (see Section 5.2)
  • Use the Service for illegal purposes or to violate others' rights
  • Attempt to reverse engineer, scrape, or attempt to extract the underlying API or source code
  • Use automated systems (bots, scrapers) to upload photos without permission
  • Circumvent usage limits or payment systems
  • Interfere with or disrupt the Service or servers
  • Impersonate others or provide false information
  • Use the Service to harm, harass, stalk, or invade privacy of others
  • Share or resell access to paid features
  • Violate any applicable laws or regulations

11. Intellectual Property

11.1 Your Content

You retain all rights to photos you upload. We do not claim ownership of your photos.

11.2 Our Service

The Service, including its AI technology, algorithms, design, interface, and features, is owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

11.3 AI-Generated Results

Location predictions and analysis results generated by our AI are provided for your personal use. We claim no ownership of factual information (coordinates, locations) but retain rights to our analytical methods and presentation.

12. Payment Terms

12.1 Pricing

Paid features are offered on a pay-per-use basis or subscription basis. Pricing is subject to change at any time without notice. Current pricing will be displayed before purchase.

12.2 Payment Processing

Payments are processed through Stripe or Apple App Store. You agree to the respective payment processor's terms of service. We do not store your payment information.

12.3 No Refunds

All purchases are final. We do not offer refunds for completed photo analyses, even if results are inaccurate or unsatisfactory. The Service is provided "as is" with no guarantee of results.

12.4 Billing Disputes

For billing inquiries or disputes, contact wherewasthisphoto@outlook.com within 30 days of the charge.

12.5 Apple App Store Subscriptions

If you subscribe via the Apple App Store:

  • Payment will be charged to your Apple ID account at the confirmation of purchase.
  • Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period.
  • Your account will be charged for renewal within 24 hours prior to the end of the current period.
  • You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

13. Indemnification

You agree to indemnify, defend, and hold harmless WhereWasThisPhoto.com, its operator, affiliates, and service providers from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Photos you upload or analyze
  • Your violation of these Terms
  • Your violation of any third-party rights (copyright, privacy, etc.)
  • Misuse of location data or analysis results
  • Any harm caused by your use of revealed location information
  • Prohibited content you upload
  • Your violation of applicable laws

14. DMCA and Copyright Compliance

We respect intellectual property rights. If you believe content on our Service infringes your copyright, contact us at wherewasthisphoto@outlook.com with:

  • Your contact information
  • Description of the copyrighted work
  • Description of the infringing content and its location
  • A statement of good faith belief
  • A statement under penalty of perjury that information is accurate
  • Your physical or electronic signature

We will respond to valid takedown notices in accordance with applicable law.

15. Termination

15.1 By You

You may stop using the Service at any time. For account deletion, contact wherewasthisphoto@outlook.com.

15.2 By Us

We reserve the right to suspend or terminate your access immediately, with or without cause, and with or without notice, for:

  • Violation of these Terms
  • Uploading prohibited content
  • Suspicious or fraudulent activity
  • Non-payment of fees
  • Any reason at our sole discretion

Upon termination, your right to use the Service immediately ceases.

16. Disclaimers and Warnings

16.1 AI Accuracy

AI location predictions are ESTIMATES ONLY. They may be:

  • Completely incorrect
  • Based on insufficient or misleading image features
  • Confused by similar-looking locations worldwide
  • Affected by image quality, editing, or manipulation

The Service uses Artificial Intelligence to analyze images. AI output is probabilistic and may be inaccurate, incorrect, or misleading. We do not guarantee the accuracy of any location data provided.

16.2 Metadata Reliability

Extracted metadata can be:

  • Manipulated or falsified
  • Incorrect due to camera settings
  • Missing or incomplete
  • Misleading if photos were edited or transferred between devices

16.3 No Professional Advice

The Service provides automated analysis only and does not constitute professional advice of any kind (legal, investigative, forensic, or otherwise). This tool is for entertainment and informational purposes only. Do not rely on it for navigation, emergency situations, or forensic investigation.

17. Third-Party Services

The Service relies on third-party providers:

  • OpenAI: AI analysis and image processing
  • Vercel: Hosting and analytics
  • Stripe: Payment processing
  • Supabase: Account management
  • OpenStreetMap/Leaflet: Mapping services

We are not responsible for third-party service interruptions, failures, or changes to their terms. Third-party services have their own privacy policies and terms which you should review.

18. Dispute Resolution and Governing Law

18.1 Governing Law

These Terms are governed by the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of Australian courts.

18.2 Informal Resolution

Before filing any legal action, you agree to attempt to resolve disputes informally by contacting us at wherewasthisphoto@outlook.com.

18.3 Limitation Period

Any claims must be filed within one (1) year of the claim arising, or they are permanently barred.

19. Changes to Service

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without liability, including:

  • Features and functionality
  • Pricing and usage limits
  • Free tier availability
  • AI models or analysis methods
  • Third-party integrations

20. Severability and Entire Agreement

If any provision of these Terms is unenforceable, that provision shall be modified to the minimum extent necessary, and remaining provisions remain in full force.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WhereWasThisPhoto.com.

21. No Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

22. Contact Information

For questions about these Terms, contact us at:

Email: wherewasthisphoto@outlook.com

23. Apple App Store Additional Terms

If you downloaded this App from the Apple App Store, the following terms apply:

23.1 Acknowledgment

This agreement is between you and WhereWasThisPhoto.com only, not Apple. Apple is not responsible for the App or its content.

23.2 Maintenance

Apple has no obligation to furnish any maintenance and support services with respect to the App.

23.3 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance, Apple will have the right to enforce this EULA against you.

BY USING WHEREWASTHISPHOTO.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU UNDERSTAND THAT AI LOCATION PREDICTIONS MAY BE INACCURATE AND THAT UPLOADING PHOTOS WITH GPS METADATA MAY REVEAL YOUR PERSONAL LOCATION INFORMATION.

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