Terms and Conditions

1. Interpretation and Definitions

1.1 Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

1.2 Definitions

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• AI Generation means the optional feature by which Your Content is transmitted to the Company and to a Third-party Service in order to produce a new or modified image, as described in the Privacy Policy.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to NEXALIFY LIMITED, Rm D07, 8/F, Kai Tak Fty Bldg, No. 99 King Fuk St, San Po Kong, Hong Kong. PhotoToSpec is a trading name of the Company.
• Country refers to: Hong Kong SAR China.
• Device means any device that can access the Service, such as a computer, a mobile phone or a digital tablet.
• Requirement means a photograph specification published on or generated by the Service, whether compiled by Us from a published source or entered by You.
• Service refers to the Website, including all pages, features, tools, Requirements and application programming interfaces made available through it.
• Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Service means any third-party service or content, including hosting, artificial-intelligence image providers, analytics and font delivery, that is incorporated into, displayed on, or otherwise made available through the Service.
• Website refers to PhotoToSpec, accessible from https://phototospec.com.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Your Content means any photograph, image, file, text or other material You submit to, upload to, transmit through, or process by means of the Service, including any Requirement wording You send Us.

2. Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By selecting a photograph to check, capturing a photograph using the camera feature of the Service, requesting or permitting AI Generation, or submitting a Requirement to Us, You accept these Terms and Conditions. The Service does not provide user accounts, and there is accordingly no registration step at which acceptance is recorded. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Eligibility

You represent and warrant that You are over the age of 18. The Company does not permit those under 18 to use the Service.

You further represent and warrant that You have the legal capacity to enter into these Terms and Conditions, and that where You access or use the Service on behalf of a company or other legal entity, You have the authority to bind that entity to these Terms.

The Service is not directed at children. The Company does not verify age, and the representation in this section is Yours. Nothing in this section prevents an adult from using the Service to prepare a photograph of a child of whom that adult is the parent or legal guardian; in that case the adult is the user of the Service and is responsible under these Terms for that photograph.

4. Licence to Use the Service

Subject to Your compliance with these Terms and Conditions, the Company grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for Your own personal or internal business purposes. All rights not expressly granted to You are reserved by the Company.

The Service is provided free of charge at the date of these Terms. The Company reserves the right to introduce, vary or withdraw charges for the Service or for any part of it at any time, and to modify, suspend or discontinue the Service or any feature of it, in whole or in part, at its sole discretion and without liability to You.

5. Your Content and the Licence You Grant Us

You retain all ownership rights in Your Content. The Company claims no ownership of Your Content.

You represent and warrant that: (a) You own Your Content or otherwise hold all rights, licences, consents and permissions necessary to submit it and to grant the licence in this section; (b) Your Content is a photograph of Yourself, of a child of whom You are the parent or legal guardian, or of a person who has asked You to prepare theirs, and is not a photograph of any other person; (c) Your Content does not infringe or misappropriate the rights of any third party, including rights of privacy, publicity, copyright or trade mark; and (d) Your submission and Our processing of Your Content will not breach any applicable law.

You grant the Company a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, modify, adapt, crop, resize, re-encode, transmit and create derivative works of Your Content, and to sublicense those rights to Third-party Services, in each case solely to the extent necessary to operate the Service, to provide the features You have invoked, and to comply with law. This licence is limited in duration to the retention periods stated in the Privacy Policy, and it does not permit the Company to use Your Content to train artificial-intelligence models or to publish, sell or otherwise disclose it except as that Policy describes.

You are solely responsible for Your Content. The Company does not pre-screen Your Content and is under no obligation to do so, but reserves the right, without any obligation, to refuse, remove, restrict or decline to process any of Your Content at its sole discretion and without notice.

Where the features of the Service that transmit Your Content beyond Your Device are not used, Your Content is processed locally within Your browser. The Company makes no warranty as to the security of Your own Device, network or browser, and the responsibility for those rests with You.

6. Prohibited Uses

You agree not to, and not to permit or assist any third party to:

• use the Service to produce, obtain or submit a photograph that misrepresents the identity or appearance of any person, or to support any application, declaration or submission that You know or ought reasonably to know to be false, misleading or fraudulent;
• submit any photograph of a person other than as permitted by §5;
• use the Service for any unlawful purpose, or in breach of any applicable law, regulation or the requirements of any governmental or issuing authority;
• access, interfere with, damage, disrupt, probe, scan or test the vulnerability of the Service or any network, server or system connected to it, or attempt to defeat any security or authentication measure;
• circumvent, disable or otherwise interfere with any rate limit, usage quota, access control or other restriction applied by the Service, including by use of multiple addresses, identifiers or automated means;
• use any robot, spider, scraper, crawler or other automated means to access, copy, index or extract the Service or any part of it, or to harvest, reproduce, republish, redistribute or create a database from the Requirements or any other content of the Service;
• resell, sublicense, rent, lease, or otherwise commercially exploit access to the Service, or make the Service available to any third party as a service of Your own;
• reverse engineer, decompile or disassemble any part of the Service, except to the extent such restriction is prohibited by applicable law;
• remove, obscure or alter any proprietary notice, watermark, provenance indication or metadata applied by the Service, or misrepresent the origin of any file produced by the Service; or
• transmit any virus, malware or other harmful code, or impose an unreasonable or disproportionately large load on the Service or its infrastructure.

The Company may, at its sole discretion and without notice or liability, rate-limit, block, suspend or refuse service to any user, address, network or request that it considers to be in breach of this section or otherwise abusive. Because the Service has no user accounts, such measures are necessarily applied to network addresses and may affect other users sharing the same address.

7. Requirements; No Approval, Endorsement or Guarantee of Acceptance

The Requirements published on the Service are the Company's own compilation and interpretation of specifications published by, or attributed to, issuing authorities and other third parties. Each published Requirement cites the source from which it was compiled and the date on which it was last reviewed. The Company is not affiliated with, endorsed by, authorised by or acting on behalf of any government, embassy, consulate, issuing authority, examination body or other organisation named anywhere on the Service.

The Service measures a photograph against a Requirement. It does not approve a photograph, and it cannot determine whether any authority will accept it. That decision belongs to the authority to which You apply, and the Company has no part in it.

You acknowledge and agree that:

• Requirements are changed by the authorities that issue them, sometimes without notice or publication; a Requirement on the Service may be out of date, incomplete or incorrect at the time You rely on it;
• the measurable characteristics of a photograph are not the whole of any authority's test, and a photograph may be rejected for expression, shadow, hair position, resemblance, or any other reason no automated check can settle;
• a result indicating that a photograph meets a Requirement is a measurement only. It is not an approval, not a warranty of acceptance, and not a representation that the photograph complies with any law or official rule; and
• a rejection by any authority is not of itself evidence of any defect in the Service or in any file it produced.

Where You enter a Requirement Yourself, You are the source of it. The Company checks the values You have entered and does not verify them against any authority or any published specification, and has no means of doing so. A result produced against a Requirement You entered reflects Your input and nothing more.

You are solely responsible for satisfying Yourself, before relying on any output of the Service, that it meets the actual current requirements of the authority to which You apply, and for allowing sufficient time and opportunity to obtain a replacement photograph. You should not book an irreversible appointment, pay a non-refundable fee, or allow a deadline to expire in reliance on any output of the Service.

8. AI Generation

AI Generation is an optional feature. Where it operates, Your Content is transmitted to the Company and to a Third-party Service and is retained for the period stated in the Privacy Policy. The circumstances in which it operates, including those in which it operates automatically following an upload by You, are described in §2.2 of the Privacy Policy. By uploading a photograph on a Requirement for which the feature is available, You consent to those circumstances.

An image produced by AI Generation is generated by a machine-learning model. It may differ from Your Content in ways that are not apparent on inspection, may contain features that were not present in the original photograph, and may fail to meet the Requirement it was generated against. The Company gives no warranty as to the accuracy, likeness, fidelity, quality or suitability of any generated image, and gives no warranty that any generated image is free of artefacts, invented detail or error.

Many issuing authorities prohibit the submission of a digitally altered photograph. Where the Company is aware that a Requirement states such a prohibition, it displays that fact alongside the generation control before You use it. Whether to use AI Generation, and whether to submit a generated image to any authority, is Your decision alone, and all consequences of that decision — including rejection, forfeited fees, delay, investigation or any allegation as to the provenance of the image — are Yours. The Company does not represent that a generated image satisfies any Requirement that prohibits a digitally altered photograph.

AI Generation is subject to usage quotas and to the availability of the Third-party Service. The Company does not warrant that AI Generation will be available at any given time, for any given Requirement, or for any given photograph.

9. Requirements You Submit to Us

Where You submit Requirement wording to the Company through the custom Requirement feature, You grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully sublicensable and transferable licence to use, reproduce, adapt, modify, publish, distribute and display that wording and any Requirement derived from it, for any purpose connected with the Service, including publishing it as a Requirement available to all users, and retaining it as the record of that Requirement's provenance.

You represent and warrant that You are entitled to submit that wording and to grant that licence, that it contains no confidential information and no personal data of any person, and that its publication will not infringe the rights of any third party. You are asked not to include personal data in any submission; the Company is under no obligation to identify or remove personal data that You nonetheless include.

The Company is under no obligation to review, publish, retain or act on any submission, and may edit, decline or delete any submission at its sole discretion. Once a Requirement derived from Your submission has been published, the Company is under no obligation to withdraw it on request, because other users may rely on it. You are not entitled to any attribution, payment or other consideration in respect of any submission.

10. Intellectual Property

The Service and its original content (excluding Your Content), features and functionality are and will remain the exclusive property of the Company and its licensors. This includes the software, source code, page layouts, text, graphics, logos and icons of the Service, and the selection, arrangement, compilation, verification and expression of the Requirements, which together constitute a protected compilation whether or not any individual specification within it originates with the Company.

The Service is protected by copyright, trade mark and other laws of both the Country and foreign countries. Our trade marks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Nothing in these Terms transfers to You any right, title or interest in the Service or in any intellectual property of the Company. Files produced by the Service from Your Content are Yours to use for any lawful purpose, subject to §6; that permission does not extend to the Requirements themselves, to any data set derived from them, or to any other part of the Service.

If You believe that any content on the Service infringes Your intellectual property rights, contact Us at support@phototospec.com with sufficient detail to identify the content and the right asserted.

11. Links to Other Websites and Third-party Services

Our Service contains links to third-party websites or services that are not owned or controlled by the Company, including the sources cited for each Requirement. Those citations are provided so that You may verify Our reading of a Requirement against its source; they are not an endorsement, and the presence of a link does not imply any relationship with, or approval by, the operator of the linked site.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

The Service depends on Third-party Services for hosting, AI image generation, analytics and font delivery. The Company does not control those services. Any interruption, degradation, error, change of terms, or cessation of any Third-party Service may affect the Service, and the Company has no liability to You in respect of it.

12. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. Termination does not affect any right or liability that has already accrued, and the provisions of these Terms that by their nature should survive termination — including §5, §9, §10, §13, §14, §15 and §16 — shall survive it.

13. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 50 USD if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers, Affiliates, officers, employees or agents be liable for any special, incidental, indirect or consequential damages whatsoever, including but not limited to damages for loss of profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy, for a rejected or delayed application, for any fee, deposit, appointment or travel arrangement forfeited, rebooked or repeated, for any missed deadline, or for any other pecuniary or non-pecuniary loss whatsoever arising out of or in any way related to the use of or inability to use the Service, third-party software or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

14. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, Devices or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, currency or completeness of any information or content provided through the Service, including any Requirement; (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components; (v) that any measurement, check, correction, image or file produced by the Service is accurate, complete, or fit for any purpose, including submission to any authority; or (vi) that any photograph will be accepted by any authority.

A substantial part of the Service executes within Your browser on Your own Device. The Company does not warrant that it will function on any particular browser, Device, operating system or configuration, and gives no warranty in respect of the performance, integrity or security of Your Device.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

15. Indemnification

You agree to defend, indemnify and hold harmless the Company and its Affiliates, and their respective officers, directors, employees, agents, licensors and suppliers, from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the Service;
• Your Content, including any claim that Your Content infringes or misappropriates the rights of any third party, or that You were not entitled to submit it;
• any Requirement wording You submit to Us, and its publication by Us;
• Your breach of these Terms and Conditions or of any representation or warranty in them;
• Your submission of any photograph or file produced by the Service to any authority, and any consequence of that submission; or
• Your violation of any applicable law or of the rights of any third party.

The Company reserves the right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify it, and You agree to cooperate with that defence. You shall not settle any such matter without the prior written consent of the Company.

16. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.

Subject to §18, You and the Company agree that the courts of Hong Kong SAR China shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or formation.

17. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at support@phototospec.com. You agree not to commence any proceedings until 30 days after first raising the matter with Us in writing, save where interim or injunctive relief is required.

Any claim arising out of or relating to the Service or these Terms must be brought within one year after the claim arose, except where a longer period is required by applicable law, failing which the claim is permanently barred.

18. For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these Terms and Conditions affects Your rights as a consumer to rely on such mandatory provisions of local law, including Your right to bring proceedings in the courts of Your place of residence where the applicable law confers that right.

The same applies to consumers resident in the United Kingdom and in any other jurisdiction whose law confers non-excludable consumer protections.

19. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

You further represent and warrant that You will not use the Service in breach of any applicable export control or sanctions law of the Country, the United States, the European Union or the United Kingdom.

20. Severability and Waiver

20.1 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

20.2 Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

20.3 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and the Company regarding the Service and supersede all prior understandings and representations in respect of it. The Company may assign or transfer these Terms, in whole or in part, without restriction; You may not.

21. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

As at the date of these Terms, they are published in the English language only. Other pages of the Service are available in several languages, and no translation of any such page forms part of these Terms or of any Requirement for the purposes of interpreting them.

22. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, by posting a notice on the Service. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. The Service has no user accounts, and continued use is accordingly the only mechanism by which acceptance can be given or withheld. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

These Terms were first published on August 11, 2026, on which date they replaced the terms previously set out as sections 12 to 15 of the Privacy Policy.

23. Contact Us

If You have any questions about these Terms and Conditions, You can contact Us by email: support@phototospec.com.

NEXALIFY LIMITED
Rm D07, 8/F, Kai Tak Fty Bldg, No. 99 King Fuk St, San Po Kong, Hong Kong