Membership Terms

1.1 "Agreement" means this Membership Terms and Conditions, together with any supplementary terms, policies, or amendments that may be issued from time to time.

1.2 "Member" or "Subscriber" refers to any individual or entity who has purchased a subscription to the Seekee premium services.

1.3 "Services" means the premium features, functionalities, and content made available to Members through the Seekee application.

1.4 "Subscription Period" means the duration for which the Member has paid for access to the Services, whether monthly, quarterly, annually, or otherwise.

1.5 "Platform" refers to the application distribution platforms including but not limited to Apple App Store and Google Play Store.

2.1 Eligibility. To become a Member, you must: (a) be at least 18 years of age or the age of majority in your jurisdiction; (b) have the legal capacity to enter into binding contracts; and (c) not be barred from receiving services under applicable law.

2.2 Subscription Plans. Seekee offers various subscription plans with different features, durations, and pricing. The specific terms, features, and pricing of each plan shall be as displayed at the time of purchase.

2.3 Account Requirement. A valid registered account is required to purchase and maintain a membership subscription. You are solely responsible for maintaining the confidentiality of your account credentials.

2.4 Non-Transferability. Membership subscriptions are personal to the Member and may not be transferred, assigned, sublicensed, or sold to any third party without prior written consent from Seekee.

3.1 Payment Processing. All payments for membership subscriptions are processed through the respective Platform (Apple App Store or Google Play Store). Seekee does not directly collect or store your payment information.

3.2 Pricing. All prices are displayed in the applicable currency and are inclusive or exclusive of taxes as indicated. Prices may vary by region and are subject to change. Any price changes will not affect existing subscriptions until renewal.

3.3 Payment Authorization. By purchasing a subscription, you authorize the Platform to charge the applicable fees to your designated payment method. You represent and warrant that you have the legal right to use any payment method provided.

3.4 Failed Payments. If any payment fails or is declined, Seekee reserves the right to suspend or terminate your access to premium Services until payment is successfully processed.

3.5 Taxes. You are responsible for all applicable taxes, duties, and levies associated with your subscription, except where Seekee is legally required to collect and remit such taxes.

4.1 Auto-Renewal. UNLESS YOU CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE CURRENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AT THE THEN-CURRENT SUBSCRIPTION PRICE.

4.2 Renewal Notification. The Platform may send you a reminder before your subscription renews. However, failure to receive such notification does not relieve you of your payment obligation.

4.3 Cancellation of Auto-Renewal. You may cancel auto-renewal at any time through your Platform account settings. Cancellation must be completed at least 24 hours before the end of the current Subscription Period to avoid being charged for the next period.

4.4 Effect of Cancellation. Upon cancellation, you will retain access to premium Services until the end of your current paid Subscription Period. No partial refunds will be provided for the remaining period.

5.1 General Policy. Due to the digital nature of the Services, all subscription fees are generally non-refundable except as expressly provided herein or as required by applicable law.

5.2 Platform Policies. Refund requests are subject to the refund policies of the respective Platform through which the purchase was made. Seekee does not have direct control over Platform refund decisions.

5.3 Statutory Rights. Nothing in this Agreement shall affect any statutory rights that you may have as a consumer under applicable consumer protection laws, including but not limited to cooling-off periods or rights of withdrawal.

5.4 Exceptional Circumstances. Seekee may, at its sole discretion, consider refund requests in exceptional circumstances such as: (a) documented technical issues preventing access to Services; (b) duplicate charges; or (c) other circumstances deemed appropriate by Seekee.

5.5 Refund Process. Any approved refunds will be processed through the original payment method and may take up to 30 business days to appear in your account, depending on your financial institution.

6.1 Premium Features. Members are entitled to access premium features as specified in their subscription plan, which may include but are not limited to: enhanced AI image generation capabilities, advanced editing tools, priority processing, increased usage limits, and ad-free experience.

6.2 Usage Limits. Certain features may be subject to fair use policies or usage limits as specified in the applicable subscription plan. Seekee reserves the right to implement reasonable usage restrictions to ensure service quality for all Members.

6.3 Modifications to Benefits. Seekee reserves the right to modify, add, or remove features from subscription plans. Material adverse changes to existing plans will be communicated with reasonable advance notice.

6.4 Prohibited Uses. Membership does not entitle you to: (a) use the Services for commercial purposes without express authorization; (b) share account credentials with third parties; (c) circumvent usage limitations through any means; or (d) engage in any conduct that violates the general Terms of Service.

7.1 Service Availability. While Seekee strives to maintain high service availability, we do not guarantee uninterrupted, error-free, or secure access to the Services. Periodic maintenance, updates, or technical issues may temporarily affect service availability.

7.2 No Service Level Agreement. Unless otherwise agreed in writing, membership subscriptions do not include any service level agreements (SLAs) or guaranteed uptime commitments.

7.3 AI-Generated Content. The quality, accuracy, and suitability of AI-generated content may vary. Seekee makes no warranties regarding the fitness of generated content for any particular purpose.

7.4 Third-Party Dependencies. The Services may rely on third-party services, APIs, or infrastructure. Seekee is not liable for any interruptions or degradation caused by third-party service issues.

8.1 Seekee IP. All intellectual property rights in the application, Services, and related materials (excluding User Content) are and shall remain the exclusive property of Seekee and its licensors.

8.2 Limited License. Subject to this Agreement, Seekee grants Members a limited, non-exclusive, non-transferable, revocable license to access and use the premium Services for personal, non-commercial purposes during the Subscription Period.

8.3 User-Generated Content. Members retain ownership of original content they upload to the Services. However, by using the Services, Members grant Seekee a worldwide, royalty-free license to use such content for the purpose of providing and improving the Services.

8.4 AI-Generated Output. The intellectual property status of AI-generated content may be uncertain under applicable law. Members assume full responsibility for their use of AI-generated content and should seek legal advice if uncertain.

9.1 Termination by Member. You may terminate your membership at any time by canceling your subscription through the Platform. Such termination will be effective at the end of the current Subscription Period.

9.2 Termination by Seekee. Seekee may suspend or terminate your membership immediately and without notice if: (a) you breach any provision of this Agreement; (b) you engage in fraudulent or illegal activity; (c) continued provision of Services is prohibited by law; or (d) as otherwise necessary to protect Seekee or other users.

9.3 Effect of Termination. Upon termination: (a) your license to use premium Services immediately terminates; (b) you must cease all use of premium features; (c) Seekee may delete your data in accordance with our Privacy Policy; and (d) any outstanding fees become immediately due.

9.4 Survival. The following sections shall survive termination: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

10.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10.2 SEEKEE DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

10.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEEKEE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

11.2 IN NO EVENT SHALL SEEKEE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO SEEKEE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

11.3 THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF SEEKEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, SEEKEE'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.1 You agree to indemnify, defend, and hold harmless Seekee and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of this Agreement; (c) your violation of any third-party rights; or (d) any content you submit or transmit through the Services.

12.2 Seekee reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Seekee, and you agree to cooperate with our defense of such claims.

13.1 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Seekee and attempt to resolve any dispute informally for at least thirty (30) days.

13.2 Arbitration. If the dispute cannot be resolved informally, you and Seekee agree that any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration, except where prohibited by law.

13.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND SEEKEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

14.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Seekee operates, without regard to its conflict of law provisions.

14.2 Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of competent jurisdiction, and you consent to the personal jurisdiction of such courts.

15.1 Entire Agreement. This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and Seekee regarding membership subscriptions and supersedes all prior agreements and understandings.

15.2 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver. No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment.You may not assign or transfer this Agreement without Seekee's prior written consent. Seekee may assign this Agreement without restriction.

15.5 Amendments. Seekee reserves the right to modify this Agreement at any time. Material changes will be notified through the application or via email. Continued use of premium Services after such modifications constitutes acceptance of the revised terms.

15.6 Force Majeure. Seekee shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.7 Language. This Agreement is drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

For questions, concerns, or disputes regarding this Membership Terms, please contact us at:

• Website: sekphoto.com
• Email: feedback@sekphoto.com

We will endeavor to respond to all inquiries within a reasonable timeframe.