Terms of use
Welcome to Photofun.ai, a product of Devesch Desenvolvimento de Software LTDA ("Devesch"). By accessing or using our services, you agree to be bound by these Terms of Use. Please read them carefully before proceeding.
1. Acceptance of Terms
By using Photofun.ai, you agree to these Terms of Use and our Privacy Policy, which complies with the General Data Protection Act. (LGPD).
2. Registration and Access
- Simple registration: To use the free services, you need to provide your name, e-mail address and, optionally, telephone number.
- Complete Registration: In order to make purchases, a full registration form will be required with address details and identification documents.
3. Use of free services
- No guarantee of photo hosting or processing: We do not guarantee the hosting or processing of photos for users in free mode.
- Service limitations: Functionality and features may be limited or changed without prior notice for free users.
4. Photo Processing and Storage
- AI processing: All uploaded photos will be processed by AI if a face is detected in the photo..
- Cloud Storage: The photos will be stored in managed cloud systems such as AWS.
- Data ownership: All data submitted is in the possession of Devesch Desenvolvimento de Software LTDA.
- Processing Time: Photo processing times vary and are not guaranteed, depending on factors such as the number of photos submitted, the complexity of the images, the number of people in the photo, the selected effect, the volume of simultaneous submissions, and the response time of third-party services.
5. User Responsibilities
- Proper Use: You agree not to use the service for illegal or unauthorized purposes.
- Prohibited Content: It is forbidden to send photos that contain illegal or offensive content, or that violate the rights of third parties..
6. Limitations of Liability
- How the service works: Devesch does not guarantee that the services will be available uninterruptedly or error-free.
- Damages and losses: We shall not be liable for any direct or indirect damages arising from the use or inability to use the service.
7. Changes to Terms
We reserve the right to modify these Terms of Use at any time. We will notify you of significant changes via your registered e-mail address or by means of a notice on our website.
8. Intellectual Property
All rights relating to Photofun.ai, including software, trademarks, and content, are the exclusive property of Devesch.
9. Applicable Law and Venue
These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any dispute shall be submitted to the Courts of Porto Alegre, Rio Grande do Sul..
Privacy and Data Protection Policy — PhotoFun
This Policy explains how the Devesch Desenvolvimento de Software LTDA, registered with the CNPJ under No. 40,178,198/0001-12, in charge of the PhotoFun, processes personal data on its website, in its apps, and through its photography and image processing services.
It covers account holders, photo booth operators, event organizers, and participants whose images are used in the service.
Privacy Contact: contato@devesch.com.br.
1. Data Processed
Depending on the features used, PhotoFun handles:
- Registration and enrollment information: name, email address, phone number, CPF or CNPJ, and address, as needed for identification, customer service, and contract execution.
- Event details: Information and settings provided by the organizer to conduct the photo shoots and apply the selected effects.
- Photos and images: photographs taken or uploaded, reference images used in the effects, and results produced by processing.
- Information regarding processing: instructions and settings required to apply the effects and associate the results with the corresponding request.
- Browsing data: information collected through cookies and similar technologies, in accordance with your privacy choices and the Cookie Policy.
Photographs may contain faces and other features that allow people to be identified. When submitting them, you must respect the rights of all individuals depicted.
2. Purposes of the processing
The data is used, as appropriate, to:
- Manage accounts, contracts, and access to services.
- Configure events and execute the requested functions.
- Capture, transmit, and process images, including the application of artificial intelligence effects.
- Make the results available for viewing, downloading, printing, or sharing, depending on the resources used.
- Provide support and send service-related communications.
- Analyze the platform's operations, protect the service, and comply with legal obligations.
Data processing must comply with the legal basis applicable to each purpose, including the performance of a contract, compliance with a legal obligation, and consent, when necessary. The organizer’s contract with PhotoFun does not automatically replace the authorization required to process participants’ images.
3. Camera Access
The app requests access to the camera to take photos of event participants—for example, to create a photo with an effect set by the organizer.
This permission is managed by the operating system and can be changed in the device's settings. Without it, you won't be able to take photos with the camera.
Granting access to the camera does not mean authorizing the transmission of images to external artificial intelligence providers. This sharing serves a specific purpose and must be disclosed and authorized before it takes place.
4. Image Processing Using Artificial Intelligence
Images can be processed using PhotoFun's infrastructure or forwarded to external artificial intelligence services, depending on the effect and integration used.
The third-party providers that may be involved in this processing are:
| Provider | Examples of models or services |
|---|---|
| xAI (x.ai) | Grok and other image models or services provided by xAI |
| Muse and other image models or services provided by Meta | |
| OpenAI | GPT and other models or services for generating, editing, or processing images provided by OpenAI |
| Gemini and other image generation, editing, or processing tools or services provided by Google |
The model names listed above are examples. Their use may include other versions, models, and services. from those same providers, provided they are consistent with the stated purpose and the applicable authorization.
Depending on the operation, processing may involve sending the photograph, reference images, and any instructions or settings needed to generate the result. Data sharing should be limited to the information necessary to perform the function.
The inclusion of a provider on this list does not mean that all photos are sent to that provider or to all four providers at the same time.
The potential inclusion of new third-party providers must be disclosed in this Policy and in the information provided to users, with new authorization obtained when necessary. This clause does not constitute an unrestricted authorization to share information with unidentified third parties.
5. Information and Consent for the Use of AI
Before sharing images with external AI providers, a clear explanation must be provided regarding the data being sent, the purpose, and the providers involved, along with a request for explicit permission.
Simply accessing the website, logging in, generically accepting the terms, or granting camera permission does not constitute such authorization.
When the booth operator or organizer takes photographs of other people, they must ensure that the participants are informed and that the necessary permissions are obtained. The operator’s consent alone does not replace the consent of the person being photographed or their guardian, when required.
A refusal prevents the corresponding sharing and may render the resulting effect unfeasible. Revocation may be requested through the privacy channel, without invalidating any processing carried out lawfully prior to the request.
6. Other shares
In addition to AI providers, PhotoFun uses service providers involved in the platform's operation, including:
- Amazon Web Services — AWS: infrastructure, hosting, and storage.
- Stripe: payment processing.
- Google Analytics: usage statistics, in accordance with the applicable consent.
- Google Tag Manager: Management of measurement and marketing tags, in accordance with the applicable choices.
- Wistia: video hosting and playback.
These services serve different purposes. Their inclusion in this Policy does not mean that all of them receive the photographs used in the effects.
Data may also be shared to comply with legal obligations, respond to valid requests from authorities, or exercise rights.
PhotoFun does not sell personal data.
7. Photos made available and shared
Depending on the event setup and the resources used, the results can be displayed in the app and made available for download, printing, via a link, or through a QR code.
The organizer and the operator should consider who will have access to the photos when setting up delivery. People who receive files, prints, or links may keep copies outside of PhotoFun. Deleting photos from PhotoFun's systems does not automatically delete these copies.
8. Storage, International Transfers, and Security
PhotoFun uses cloud infrastructure. Storage and processing by its providers may take place outside of Brazil.
These operations must comply with the requirements applicable to international data transfers and the safeguards required by law.
Technical and administrative measures are in place to protect data. No system is completely immune to incidents, and the protection of information also depends on the proper use of accounts, devices, and sharing methods.
9. Retention and Deletion
Data is retained in accordance with the purpose of the processing and the needs of providing the service, complying with legal obligations, and exercising rights.
The data subject may request information about the retention of their images and request their deletion through the privacy channel. Any applicable legal impediments or limitations must be disclosed.
Processing by third-party providers may involve data retention in accordance with the terms of the contracted integration. This Policy does not guarantee zero retention or immediate deletion across all systems.
Permission to create an image using AI should not be interpreted as blanket permission to use photographs for model training. Any use for this purpose requires a specific assessment, transparency, and an appropriate legal basis.
10. Children and Adolescents
The processing of images of children and adolescents must respect their best interests and comply with applicable legal requirements.
Organizers and operators must ensure that legal guardians are informed and involved when necessary, including regarding the use of AI and the sharing of photographs. An adult’s consent regarding their own image does not automatically extend to a child’s image.
11. Data Subjects' Rights
Under applicable law, the data subject may request confirmation of and access to the processing of their data, correction of data, information regarding data sharing, data portability where applicable, withdrawal of consent, and anonymization, blocking, or deletion in the cases provided for by law.
Requests should be sent to contato@devesch.com.br. We may request reasonable information to verify your identity and locate the data, thereby preventing its disclosure to unauthorized persons.
When the request involves an event, information such as the event's name and date can help locate the images.
12. Cookies
This website uses cookies that are necessary for its operation and, depending on the visitor's preferences, optional technologies for analytics and marketing.
Preferences can be managed using the tools provided on the website. The Cookie Policy provides additional information.
13. Updates and Contact Information
This Policy may be updated to reflect changes in the service, suppliers, or applicable requirements. Significant changes will be communicated through appropriate channels.
When a change requires new authorization, the publication of the updated Policy will not replace the need to obtain that authorization.
For questions or requests regarding personal information:
Devesch Desenvolvimento de Software LTDA
CNPJ: 40,178,198/0001-12
Email: contato@devesch.com.br
Website: https://photofun.ai