Terms and Conditions

1. Agreement to These Terms

These Terms and Conditions ("Terms") are a binding agreement between you and Frequincy Inc. ("we," "us," "our") governing your use of ThreeD.Photo, available at https://threed.photo, including all features, content, and paid services (together, the "Service").

By accessing or using the Service, creating an account, or making a purchase, you agree to these Terms. If you do not agree, do not use the Service.

When you sign in for the first time we ask you to affirmatively check a box confirming that you have read and agree to these Terms and our Privacy Policy, and you cannot sign in without doing so. We record the date, time, IP address, and the version of each document in effect at the moment you accept, and we retain that record for as long as your account is active and for six years afterward.

PLEASE READ SECTION 15 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, WAIVES YOUR RIGHT TO A JURY TRIAL, AND WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 15.6. IF YOU ARE A CONSUMER IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, SECTION 15.10 EXPLAINS WHICH PARTS DO NOT APPLY TO YOU.

2. Eligibility

You must be at least 18 years old, and old enough to form a binding contract where you live, to use the Service. The Service is not directed to anyone under 18, and we do not knowingly allow anyone under 18 to create an account or make a purchase. If we learn that a user is under 18 we will close the account and delete its data as described in our Privacy Policy.

To make a purchase you must be using a payment method you are authorized to use.

The Service is offered worldwide. You are responsible for making sure that using an online photo tool, and paying for it, is lawful where you are. Section 17 (Export and sanctions compliance) also applies.

3. Description of the Service

ThreeD.Photo is a web-based tool that turns the three or four frames from a 3D film camera (such as a Nimslo or Nishika) into a short looping "wigglegram" video. You upload your frames, choose a focus point and crop, preview the result, and download or share it.

Core features are free. Previews and free exports carry a moving ThreeD.Photo watermark. Removing the watermark is the paid product, sold as either (a) conversion credits, each of which unlocks one photo set for clean export, or (b) ThreeD Unlimited, an annual subscription that allows clean exports of every set while it is active. Exact prices and what each purchase includes are shown at checkout. We may change prices, features, or the structure of paid offerings at any time; changes will not retroactively affect a purchase you have already completed.

We do not guarantee that the Service will be available without interruption, and we may modify, suspend, or discontinue any part of it at any time.

4. Your Account

Accounts use email sign-in: you enter your email address and we send you a one-time code. There is no password. You are responsible for keeping control of your email account and for all activity that occurs under your ThreeD.Photo account. Notify us at hello@threed.photo promptly if you believe your account has been accessed without your permission.

You may also use the Service without signing in. In that case your current project is tied to your browser through a cookie, and only that browser can open, edit, or delete it. Clearing that cookie means we cannot return the project to you.

You may not share, sell, or transfer your account, and you may not create an account on behalf of someone else without their authorization.

We may suspend or terminate your account if you violate these Terms, if we are required to do so by law, or if your use of the Service creates risk or legal exposure for us or other users.

5. Your Images and Your Content

You own your images. We do not.

To make a wigglegram, your frames are uploaded to our servers, processed, and the result is returned to you. Your originals, the settings you choose, and the exports we render for you are kept on our servers as a "project" so that you can come back to it, change the crop or focus, and export again. A project is available only to the account or browser that created it.

How long we keep it. You can delete a project at any time using Delete project; that removes the original frames, the settings, and every export we rendered, immediately. Projects you do not delete are removed automatically 24 hours after upload, whether or not you signed in. Server backups that may contain a project expire within 30 days after that. Our Privacy Policy has the full schedule.

We are not your archive. Keep your own copies of anything you want to keep. Once a project is deleted, by you or by the schedule above, we cannot recover, restore, or re-send it.

You retain all rights, title, and interest in and to your images. Nothing here transfers ownership.

Limited license. Solely so that we can deliver the Service to you, you grant us a limited, non-exclusive, royalty-free, worldwide license to upload, host, store, transmit, process, and modify your images for the sole purpose of making the conversion or edit you requested and returning the result to you. This license lasts only as long as the project exists and terminates automatically when it is deleted. We acquire no other rights.

We never train on your images. We do not use your photos to train, fine-tune, or improve any artificial intelligence or machine learning model. We do not license or sell them, we do not use them for marketing, and we do not look at them except where strictly necessary to investigate a technical fault or a suspected violation of Section 6.

How the conversion works. Our software runs on our own servers. It aligns your frames, estimates depth, and detects where a face is so it can suggest a focus point. Face detection only finds a face’s position; it does not identify anyone, produces no faceprint, and the detection result is not stored. No third party performs the conversion.

Transmission risk. Uploading a file over the internet carries inherent risk. We use encryption in transit, but we cannot guarantee that any upload is completely secure, and you upload at your own risk.

Your representations and warranties. By uploading an image, you represent and warrant that:

• You own the image, or hold all necessary rights, licenses, consents, and permissions to upload it and to have it processed as described here;
• Your use of the image does not and will not infringe or violate any copyright, trademark, trade secret, moral right, right of publicity, right of privacy, or other right of any third party;
• Where the image depicts an identifiable individual, you have obtained that individual’s informed consent (and, where that individual is a minor, the consent of their parent or legal guardian) to the upload and processing of their image as described in these Terms and our Privacy Policy; and
• Your upload complies with all applicable laws, including biometric privacy and data protection laws.

You are solely responsible for any claim arising from an image you upload, and Section 13 (Indemnification) applies to any such claim.

6. Acceptable Use

You agree not to use the Service to:

• Edit, alter, or process any image you do not own or have permission to use.
• Remove, obscure, or alter any watermark, copyright notice, credit line, signature, or attribution belonging to any person or entity other than yourself. The paid clean export is intended solely for removing the ThreeD.Photo watermark from images you own or have the rights to.
• Create, edit, or distribute content that is unlawful, defamatory, harassing, hateful, or that promotes violence or discrimination.
• Create or process sexual content involving minors, or any content that sexually exploits or endangers a child. We report apparent child sexual abuse material to the National Center for Missing & Exploited Children through its CyberTipline as required by 18 U.S.C. § 2258A, preserve the relevant material for the period that statute requires, and terminate the account immediately.
• Create non-consensual intimate imagery, or deceptive depictions of real people intended to defraud, harass, impersonate, or mislead.
• Reverse engineer, decompile, scrape, or attempt to derive the source code of the Service, or circumvent any paywall, license check, rate limit, or security measure.
• Resell, sublicense, or commercially redistribute access to the Service itself.
• Upload an image containing another person’s personal data, biometric identifiers, or likeness without that person’s informed consent, or in violation of any biometric privacy or data protection law.
• Attempt to access, intercept, or interfere with projects belonging to any other user, or to recover any project after it has been deleted.
• Use the Service in any manner that would cause us to violate any law or any obligation owed to a third party.
• Introduce malware, or interfere with or overload our infrastructure or third-party providers.

Violating this section is grounds for immediate termination without refund, and may expose you to civil or criminal liability.

If you are depicted in an image you believe was uploaded without your consent, contact us at hello@threed.photo as soon as possible so that we can act while the project still exists.

7. Payment, Credits, and Subscriptions

Payments are processed by Stripe, Inc. We do not receive or store your full card number, CVC, or bank credentials. Your payment is also subject to Stripe’s own terms and privacy policy.

All prices are listed in U.S. dollars (USD). Applicable sales tax, VAT, GST, or similar amounts may be calculated and collected at checkout and are your responsibility.

You authorize us and Stripe to charge your selected payment method for the amount shown at checkout.

Conversion credits. Credits are added to your account when Stripe confirms payment. Each clean export of a new photo set uses one credit. Credits never expire. Credits are personal to your account and cannot be transferred or redeemed for cash except where the law requires.

ThreeD Unlimited (annual subscription). ThreeD Unlimited is billed at the price shown at checkout ($49.99 per year at the time of writing) and renews automatically every year on the anniversary of your purchase until you cancel. Before you buy, checkout requires you to check a box confirming that you understand the price, that it renews automatically, and how to cancel. Cancel any time through Help & Feedback (which opens the Stripe billing portal) or by emailing us; cancellation stops future charges and takes effect at the end of the current paid year, during which you keep Unlimited access. You may cancel within 24 hours of signing up and receive a full refund; after those first 24 hours, the current year is not refundable. We will email you a receipt for each charge and a reminder before any price change.

If a payment fails, is reversed, or is disputed, we may suspend access to paid features until the balance is resolved.

8. Refunds

Unused credits: refundable. If you have not used any of the credits from a purchase, you may request a full refund of that purchase within 14 days of buying it by emailing hello@threed.photo. Once any credit from a purchase has been used, that purchase is not refundable.

Used credits and completed exports are not refundable, including for change of mind, dissatisfaction with output quality, or failure to use the Service. Clean exports are digital goods delivered immediately and cannot be returned.

ThreeD Unlimited: fully refundable if you cancel within 24 hours of signing up. After those first 24 hours you are committing to the full year, and the current subscription year is not refundable, except as required by law. Cancel before renewal to avoid the next charge.

Consumers in the EU, UK, and other places with a statutory right of withdrawal: you normally have 14 days to withdraw from a purchase of digital content. Because credits and Unlimited access are delivered immediately, checkout asks you to expressly request immediate access and to acknowledge that you lose the right of withdrawal for any credit you use or any export you make. Unused credits remain refundable within 14 days as described above. Nothing in this section limits any right you have that cannot be waived under the mandatory law of your place of residence.

Exceptions. We may, at our sole discretion and without setting a precedent, issue a refund where you were charged more than once for the same purchase, where you were charged as a result of a verified technical error on our side, or where a refund is required by applicable law.

Chargebacks. If you believe a charge is incorrect, contact us at hello@threed.photo first and we will look into it. Initiating a chargeback or payment dispute without contacting us may result in suspension of your account and access to purchased features while the dispute is resolved.

9. Our Intellectual Property

The Service, including its software, code, design, interface, name, logo, and branding, is owned by Frequincy Inc. and protected by intellectual property laws. Subject to these Terms and your payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. All rights not expressly granted are reserved.

The wigglegrams you make are yours (see Section 5). This section covers the tool, not your output. We claim no ownership of and assert no rights in the output. We do not, however, represent that output is protectable by copyright in every jurisdiction, and we make no warranty as to the copyrightability, originality, or uniqueness of any output.

The Service uses open-source software, including OpenCV, FFmpeg, and the MiDaS depth-estimation model. Their notices are listed at https://threed.photo/support and in our Third-Party Notices.

9A. Copyright Complaints and Designated Agent

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA) and will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

To submit a notice, send our designated agent a written communication that includes: a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; identification of the copyrighted work claimed to be infringed; identification of the material claimed to be infringing and information reasonably sufficient to let us locate it (for example, the project link); your contact information; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on the owner’s behalf.

Designated agent: Copyright Agent, Frequincy Inc., 209 E 31st Street, New York, NY 10016, hello@threed.photo.

If you believe material was removed in error, you may submit a counter-notification to the same address containing the elements required by 17 U.S.C. § 512(g)(3). Knowingly materially misrepresenting that material is infringing, or that it was removed by mistake, may make you liable for damages under 17 U.S.C. § 512(f).

Projects are private to the account or browser that created them and are deleted on the schedule in Section 5, so in many cases the material identified in a notice will already have been deleted before the notice reaches us.

10. Third-Party Services

The Service relies on third parties including Stripe (payments), Resend (delivery of sign-in codes and receipts), and DigitalOcean (hosting in the United States). Your use of those services is governed by their own terms and privacy policies. We are not responsible for the acts, omissions, availability, or content of third parties.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, compatible with your device or browser, or that results will meet your expectations. You use the Service at your own risk.

Specifically, and without limiting the foregoing, we do not warrant that any upload will complete successfully, that any conversion will produce a particular result or quality of result, that any image will be free from corruption or alteration in processing, or that transmission over the internet will be secure. We are not a storage, archival, or backup service. You are solely responsible for retaining your own copies of any image you upload or download, and we disclaim all liability for loss of or damage to your images.

The Service uses automated alignment and machine-learning depth estimation. Output may contain artifacts, misalignment, blur, inaccurate depth, or unexpected results, including where the input contains people. We make no warranty that output will be accurate, realistic, suitable for any purpose, or fit for commercial use, and you are responsible for reviewing output before relying on or distributing it.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FREQUINCY INC. AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF, DAMAGE TO, CORRUPTION OF, OR INABILITY TO RECOVER ANY IMAGE, FILE, OR DATA, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing here limits liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, where such limitation is prohibited.

13. Indemnification

You agree to indemnify, defend, and hold harmless Frequincy Inc. and its owners, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your images or content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

14. Termination

You may stop using the Service at any time and may request account deletion through Help & Feedback or by emailing hello@threed.photo.

We may suspend or terminate your access at any time, with or without notice, for violation of these Terms or for any other reason. Upon termination, your license to use the Service ends immediately. Sections 5, 6, 7, 8, 9, 9A, 11, 12, 13, 15, and 17 survive termination.

15. Dispute Resolution, Arbitration, and Class Action Waiver

15.1 Governing law and forum. These Terms are governed by the laws of the State of New York, without regard to its conflict of law rules. The Federal Arbitration Act governs the interpretation and enforcement of this Section 15. For any dispute not subject to arbitration, you and Frequincy Inc. agree to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, and each party waives any objection to that venue.

15.2 Informal resolution first. Before starting an arbitration or filing any claim, you agree to email hello@threed.photo with a written description of the dispute, the relief you seek, and your account email, and to attempt in good faith to resolve it informally for at least thirty (30) days. We agree to do the same before bringing a claim against you. This requirement is a condition precedent to filing, and the limitations period in Section 15.8 is tolled while it runs. Either party may seek to have a court enjoin the filing of an arbitration brought without completing this step.

15.3 Agreement to arbitrate. Except as set out in Section 15.4, any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or our Privacy Policy, including their formation, breach, termination, enforcement, interpretation, or validity, and including claims that arose before you accepted these Terms, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability, or arbitrability of this Section, except that a court has exclusive authority to decide the enforceability of the class action waiver in Section 15.5. Arbitration will be conducted by a single arbitrator. If your claim is for $25,000 or less, it will be resolved on documents alone unless you request a hearing, which may be held by telephone or video. The arbitrator may award the same individual relief a court could, and any award may be entered as a judgment in any court of competent jurisdiction. Arbitration is more informal than a lawsuit, uses limited discovery, and is subject to very limited review.

15.4 Carve-outs. Either party may (a) bring an individual claim in small claims court if it qualifies and remains there, and (b) seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property. Nothing in this Section prevents you from reporting conduct to a government agency or from participating in an agency proceeding.

15.5 Class action and jury trial waiver. YOU AND FREQUINCY INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS EXCEPT AS PROVIDED IN SECTION 15.7, AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND FREQUINCY INC. WAIVE ANY RIGHT TO A TRIAL BY JURY.

If a court decides that this Section 15.5 is unenforceable as to a particular claim or request for relief, then that claim or request will be severed and heard in court, and the remaining claims will proceed in arbitration. If Section 15.5 is found unenforceable as to all claims, then Sections 15.3 and 15.7 do not apply to those claims and they will proceed in the courts identified in Section 15.1.

15.6 Your right to opt out of arbitration. You may reject this arbitration agreement by emailing hello@threed.photo with the subject line "Arbitration Opt-Out," including your name and account email, within thirty (30) days of first accepting these Terms. Opting out affects only Sections 15.3, 15.5, and 15.7; the rest of these Terms continue to apply, and opting out will not affect your access to the Service in any way. If you opt out, disputes proceed in the courts identified in Section 15.1.

15.7 Coordinated filings. If twenty-five (25) or more claimants represented by the same or coordinated counsel file arbitration demands raising substantially similar claims within a ninety (90) day period, the demands will be administered in sequential batches of up to fifty (50). Each batch will be arbitrated individually and to a final award by an arbitrator appointed for that batch, and each claimant retains the right to have their own claim heard and decided on its own merits. No determination in any batch binds, precludes, or resolves the claim of any claimant outside that batch. Any claimant may withdraw from batching at any time and proceed individually, and any claimant whose demand has not been assigned to a batch within one hundred eighty (180) days of filing may elect to proceed individually in arbitration or to bring the claim in the courts identified in Section 15.1. The limitations period in Section 15.8 is tolled for every claimant from the date their demand is filed until their claim is resolved or they withdraw. The parties will cooperate in good faith with the administrator to implement this Section efficiently and to reduce fees for all parties.

15.8 Time limit for claims. To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after it arises, or it is permanently barred. This Section does not apply where the applicable limitations period cannot be shortened by agreement.

15.9 Changes to this Section. If we materially change this Section 15, the change will not apply to any dispute of which we had written notice before the change took effect, and you may reject the change by emailing us within thirty (30) days of notice, in which case the version in effect immediately before the change will govern.

15.10 Consumers in the EEA, UK, and other protected jurisdictions. If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction whose mandatory law does not permit pre-dispute arbitration agreements or class action waivers for consumers, Sections 15.3, 15.5, 15.7, and 15.8 do not apply to you. You keep the protection of the mandatory laws of your country of residence and may bring proceedings in the courts there, and nothing in these Terms deprives you of that right. Section 15.2 (informal resolution) still applies. EU consumers may also use the European Commission’s online dispute resolution platform at https://ec.europa.eu/consumers/odr.

16. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date and version at the top reflect the most recent version. Material changes will be announced on https://threed.photo or by email where we have your address, at least 10 days before they take effect where practicable. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree, stop using the Service.

17. General

Incorporation by reference. Our Privacy Policy, available at https://threed.photo/privacy-policy, is incorporated into and forms part of these Terms. By agreeing to these Terms you also acknowledge the practices described in that Policy, including how long we keep your projects and when they are deleted.

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on the subject.

Severability. If any provision is found unenforceable, the rest remains in full force. Section 15.5 is subject to its own severability rule set out in that Section.

No waiver. Our failure to enforce any provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices and electronic communications. You consent to receive communications from us electronically, including by email to the address on your account and by posting to https://threed.photo, and you agree that electronic communications satisfy any legal requirement that a communication be in writing. Notices to us must be sent to hello@threed.photo and, for legal notices, also to Frequincy Inc., 209 E 31st Street, New York, NY 10016. It is your responsibility to keep your account email current.

Feedback. If you send us suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and exploit it for any purpose without obligation or compensation to you. This applies to feedback only, and never to your images.

Export and sanctions compliance. You represent that you are not located in, and are not a national or resident of, any country subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree not to use the Service in violation of any U.S. export control or sanctions law.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and us.

18. Contact

Frequincy Inc.

209 E 31st Street, New York, NY 10016

hello@threed.photo