Please read the following terms of service before submitting your order to removebackground.com ("RB").
These terms of service along with all rules and policies relating to RB's services as stated on RB's website, including RB's privacy policy, (collectively, the "agreement") will provide you with information about what you can expect from RB's services and forms a legal agreement between us. Your use of RB's services constitutes your acceptance of this agreement.
Description of Services
Online image processing - background removal for images.
Company Description
Remove background is an online background removal platform, that allows you to send any image and within 24 hours have back the finished image without it's background or as directed at only 99c per image. Our country of domicile is Australia.
Images
For best results, please submit images that meet RB's guidelines for resolution and file format. RB works hard to make sure the edited images it returns to you are the quality our customers have come to expect from RB. The returned image will be deemed accepted by you upon receipt, unless within seven (7) days you contact RB though your account page on RB's website and detail an error by RB with respect to the image. RB is committed to customer satisfaction and will work with you to correct any RB error as determined in RB's sole discretion, including but not limited to re-performing its services to correct such an error. You will review any corrected image and accept or reject the same in accordance with this section 1 ("images"). This process shall repeat itself until the returned image is deemed accepted. RB deletes from its system all images approximately thirty (30) days after their respective acceptance. RB is not responsible for the quality of returned images if the image you originally submitted does not meet RB's then-current guidelines.
Registration
Regular account: the customer is required to create an account, and provide his name, profession (choose option), email id.
Corporate account: the customer is required to create an account, and provide his name, organization name, profession, email id and company address.
Delivery
RB returns the images to you via a public web address (e.g., url). Although RB utilizes means to make your edited image available only to you, there are inherent security limitations in a public web address which RB cannot and will not rectify and for which RB will not be liable. You are able to retrieve your edited images by downloading them from RB's website, and in addition RB may permit retrieval through an ftp server, api or other mechanism. RB offers different service pricing based on different requested delivery dates. RB prioritizes its orders based on requested delivery dates and recognizes that RB will have satisfied and returning customers if it meets the requested delivery dates. RB will use commercially reasonable efforts to deliver your image within the time frame requested, but RB does not guarantee that an order will meet its requested delivery date. If the actual date RB returns your edited image is in a different delivery tier from the price you paid (e.g., you paid for 24 hour service but RB returned the image within 72 hours), you may contact RB through your account page, detail the date ordered, the requested delivery date and the date actually delivered, and RB will refund any difference as if you had requested the delivery date in which RB actually delivered the edited image. In rare instances, particularly large orders may surpass RB's processing capacity for a requested delivery date, in which case RB will contact you to determine how best to restructure your order.
Payment
The price of the service ordered shall be set forth in RB's price list then in effect when RB accepts your order. RB reserves the right to change its price list without prior notice. All payments shall be made in the Australian dollar. RB will process your payment upon submission of your order and will accept your order upon verified payment. RB may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance RB will invoice such customers on a monthly basis. You are responsible for paying any applicable taxes, duties or tariffs relating to your order, except taxes on RB's income. Notwithstanding the payment terms, all other terms of this agreement apply to any free trial. Free trials are limited to product images only (e.g., no pet, person, logo or landscape images) and machine-like or automated submissions (e.g., multiple free trial requests from the same ip address) will not be accepted.
Refund Policy
All refunds are credited back to the original credit card. If we don't return your images in the time you had requested, we will offer to do your job at a discounted rate or in some cases absolutely free of charge. Furthermore, If you feel we have not met your expectations after this process, please let our customer support team know to arrange for a complete refund. Your refund will be processed within 24hrs.
Rights to Use Image
You are solely responsible for the images you submit. RB reviews submissions for inappropriate material and reserves the right in its sole discretion to reject any image for any reason or no reason; however, RB's acceptance of an image for processing should not be construed as a determination of your rights to use the image. By submitting an image to RB, you represent and warrant that you have the legal authority to enter into this agreement, that you have the right to use any credit card(s) or other payment means used to initiate any transaction, that any images you submit to RB do not contain any materials (such as malicious software code or viruses) that may harm RB's or its subcontractors' property, and you hereby grant RB a non-exclusive, worldwide, transferable, royalty-free, sub licensable (through multiple tiers of sublicenses including but not limited to RB's subcontractors) perpetual, irrevocable license under all intellectual property rights throughout the world (including but not limited to copyrights, trademarks, trade secret, moral, publicity and privacy rights) to reproduce, modify, edit, make derivate works from, distribute (through multiple tiers), publicly perform and display and otherwise use the image as reasonably necessary for RB and its subcontractors to perform the services you requested hereunder. You agree to indemnify and hold harmless RB, its subcontractors, licensors and affiliates and their directors, officers, shareholders, employees and agents from any and all claims, liabilities or expenses (including without limitation attorneys' fees) that arise directly or indirectly from your breach of this agreement.
Safety Policy
It is our policy to (a) prevent user access over our computer network to, or transmission of, inappropriate material via Internet, electronic mail, or other forms of direct electronic communications; (b) prevent unauthorized access and other unlawful online activity; (c) prevent unauthorized online disclosure, use, or dissemination of personal identification information of minors; and (d) comply with the Children's Internet Protection Act.
Security
Our infrastructure was designed from the ground up to be highly secure. Your files are stored on state-of-the-art servers with SSL encryption protected by advanced firewalls and housed in our own certified data center.
No, we only keep your images on file for a period of 14 days after the completion of your job after which they get auto deleted.
We do not use or transfer any images provided to us. We simply edit your images and return the same to you.
Disclaimer of Warranties
Except for the procedure set forth in section 1 ("images"), the services are provided "as is". Neither RB nor its licensors or subcontractors makes any warranties, express, implied or statutory, regarding the services provided hereunder. All implied warranties as to satisfactory quality, performance, merchantability, fitness for particular purpose or no infringement are expressly disclaimed. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so such limitations or exclusions may not apply to you.
Limitation of Liability
In no event will RB, its licensors or subcontractors be liable to you for any special, incidental, consequential, indirect, punitive or exemplary damages of any kind, including but not limited to any lost profits, revenue, savings, business, data or goodwill, however used, whether for breach or repudiation of contract, tort, breach of warranty, negligence, or otherwise on any theory of liability, whether or not RB or a licensor or subcontractor of RB was advised of the possibility of such loss or damages. Notwithstanding any other provisions of this agreement, RB and its licensors and subcontractors' total liability to you arising from or in relation to this agreement or RB or its subcontractors' performance of the services shall be limited to the total payments to RB for the services performed on the relevant image. In no event will RB or its licensors or subcontractors be liable for the cost of procurement of substitute goods or services. The foregoing limitations shall not apply to damages arising from death or personal injury to persons or tangible property in any jurisdiction where such limitation is prohibited by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so such exclusions may not apply to you.
Basis of Bargain
The parties acknowledge that RB has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this agreement will survive and apply even if found to have failed of their essential purpose.
Basis of Bargain
This agreement shall be effective from the date you submit an image to RB until the date the returned image is deemed accepted, provided that RB may terminate this agreement at any time and will return the fees paid by you for any image that RB has not edited and RB may or may not in RB's sole discretion return fees paid for edited images not yet deemed accepted.
General Provisions
This agreement applies only to you and may not be assigned or transferred by you. This agreement shall be binding upon, and inure to the benefit of, the successors and assigns of RB. This agreement will be governed by and construed according to the laws of Australia. This agreement is written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. The headings used in this agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this agreement. RB shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of god, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of RB's production for reasons beyond RB's reasonable control. RB may amend this agreement at any time, and the terms that will govern RB's service of a particular image are those in effect on the date you submit the image. No waiver will be implied from conduct or failure to enforce rights. If any part of this agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this agreement will remain in full force. In case of conflict between these terms of service and any other statement on RB's website, these terms of service shall control. This agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.