General Terms And Conditions | Clipping Path CA

1. Preamble

These General Terms and Conditions (“Terms”) regulate your use of the services provided by Clipping Path CA (“Company,” “we,” or “us”). By accessing or using our website, platform, or services, you (“Client” or “you”) agree to be bound by these Terms.

Clipping Path CA (the “Operator”, “We”, or “Us”) operates the following brands, services, and websites:

Clipping Path CA (clippingpathca.com), a web-based platform providing professional image editing services;
Background Removal Service, a web-based application for precise background removal.
Photo Retouching Service, a web-based application for professional photo enhancement

(each, a “Service”, or together, the “Services”). The Operator develops, delivers, and manages the image editing solutions available through each Service.

2. General Provisions

2.1 Customers, Authorized Users, and Customer Content

The term “Customer” or “you” refers to the individual or organization that enters into this agreement with Clipping Path CA (“Company,” “we,” or “us”). If you sign up on behalf of a business or other organization, you represent and warrant that you have the authority to bind to these Terms.

Authorized individuals (“Authorized Users”) may access and use the Services on behalf of the Customer. Authorized Users may submit content or information. It may include Personal Data and other materials (“Customer Content”). The Services are not intended for use by individuals under the age of 13, and Customers must ensure that all Authorized Users are over 13 years old.

Customers must:

Inform Authorized Users of all relevant policies and procedures;
Obtain any necessary rights, consents, or permissions to submit Customer Content and allow its lawful use in connection with the Services.

2.2 Service Orders

Access to the Services is provided on a per-image or per-project basis. It is done as indicated in the Services interface or any executed Order Form (“Order Form”). Each Order is considered complete once the agreed-upon images or projects are delivered.

Access rights are limited to the scope of the Order and the number of Authorized Users permitted to use the Services for that Order. Pricing may vary based on the number of images, complexity of the requested services, and any applicable discounts for bulk orders.

2.3 Beta Products

From time to time, the Company may offer beta or pre-release features (“Beta Products”) for testing purposes. Beta Products are provided “as is” and “as available,” without warranties or guarantees that apply to other Services. Participation in Beta Products is voluntary and may be discontinued at the discretion of the company.

2.4 Feedback and Ideas

Customers and Authorized Users may submit suggestions, feedback, or ideas (“Ideas”) regarding the Services. By submitting Ideas, Customers grant the Company an unrestricted, royalty-free, worldwide license to use, modify, or disclose such Ideas for any purpose. Submission of Ideas does not create any obligation for the Company to compensate or credit the submitter.

2.5 Privacy and Personal Data

By using the Services, you acknowledge that personal information may be collected, processed, and used by our Privacy Policy. While we implement strong security measures, we cannot guarantee that unauthorized third parties will never access your personal information. Submission of personal information is at your own risk.

3. Services Usage and Restrictions

3.1 Our License to Customer

3.1.1 Ownership of Services and Company Data

Clipping Path CA (“Company,” “we,” or “Us”) retains sole ownership of all Services, software, documentation, and related intellectual property rights (“Services and Documentation”).

We may collect data regarding your and your Authorized Users’ interactions with the Services. It may include analytics and anonymized information derived from Customer Content (“Company Data”).

All Company Data is owned exclusively by the Company and may be used by us for any lawful purpose.

3.1.2 License to Use Services and Documentation

For each Order you place, we grant a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Documentation solely for your internal business or personal purposes related to that Order.

Any downloadable software components included in the Services may be used only as necessary to access or process the Services and are subject to the same license terms. All rights not expressly granted are reserved by Clipping Path CA.

3.2 Customer’s License to Us

3.2.1 Ownership of Customer Content

You retain full ownership of all Customer Content. It includes Personal Data and User Content submitted through the Services. We claim no ownership of Customer Content.

3.2.2 License to Personal Data

By using the Services, you grant Clipping Path CA a limited, worldwide, non-exclusive license to access, process, copy, and use Personal Data.

It is to provide, maintain, and improve the Services, comply with legal obligations, or as otherwise permitted by you. You represent that you have obtained all necessary rights and consents to grant this license.

3.2.3 License to User Content

By submitting User Content (e.g., images, text, or videos), you grant Clipping Path CA a royalty-free, sublicensable, worldwide license to use, reproduce, modify, display, and create derivative works solely in connection with providing and improving the Services.

You acknowledge that we may use User Content to enhance our Services and AI tools, subject to your opt-out preferences, without affecting our ability to provide Services.

3.3 Customer Responsibilities

You are responsible for:

Ensuring all Customer Content complies with applicable laws and does not violate third-party rights;
Obtaining all necessary consents from Authorized Users and third parties;
Preventing submission of sensitive personal information unless permitted by law;
Ensuring Authorized Users are over 13 years old.

3.4 Acceptable Use

You and Authorized Users must not:

Access the Services unlawfully, bypass restrictions, or compromise security;
Use the Services for spamming, scraping, automated data collection, or AI/ML training without permission;
Submit content that is illegal, offensive, abusive, infringing, or violates privacy rights;
Impersonate others or interfere with the Services’ operation.

Clipping Path CA may monitor usage for compliance and may suspend or remove content violating these rules.

3.5 Data Storage and Free Services

Clipping Path CA provides storage and handling of your content only as needed to complete your Order.

Availability and backups are not guaranteed, and you assume all risk of data loss. All services are provided on a per-order basis and delivered “as is” without warranties, unless otherwise specified.

4. Payment Obligations

4.1 Payment Terms

Customers engaging with Clipping Path CA agree to pay the fees specified in the Services interface or Order Form. All payment obligations are non-cancelable, and fees are non-refundable unless stated otherwise.

If invoiced, full payment must be received within thirty (30) days of the invoice date. All fees are exclusive of taxes and duties. These are the responsibility of the Customer, except taxes based on the net income of Clipping Path CA.

4.2 Billing Policies

Customers must provide a valid and accepted payment method. Such as credit card, PayPal, or bank transfer to pay for Services. All payments must be completed before delivery of the ordered Services.

Clipping Path CA may update fees or introduce new services at any time. Any changes will apply to future orders only and will not affect confirmed or in-progress orders. All fees are considered fully earned upon receipt. Failure to provide payment may delay or prevent the delivery of Services.

4.3 Payment Processors

All payments for Services are processed securely through PayPal, Mastercard, or Bank Transfer. Clipping Path CA does not store full credit or debit card details.

Customers are responsible for providing and maintaining accurate account and payment information. You are liable for all charges associated with your orders, including applicable taxes and fees.

Any unauthorized use of a payment method must be reported to Clipping Path CA immediately. Clipping Path CA is not responsible for losses resulting from incorrect or misleading payment information provided by the Customer.

4.4 Customer Representations

By submitting payment information, you represent and warrant that:

All account and payment information is accurate and complete.
You are authorized to use the payment method.
Charges incurred will be honored by your payment provider.
You will not share or transfer your payment or login credentials.

4.5 Cancellation and Refunds

All orders for services from Clipping Path CA can be canceled before the work begins by notifying us in writing. Once work has started, cancellations are not accepted.

Payments made for completed services are non-refundable unless otherwise agreed. Customer data and files submitted for processing will be handled by our Privacy Policy.

5. Intellectual Property and Copyright

5.1 Ownership of Services and Documentation

Clipping Path CA and its licensors retain all right, title, and interest in and to the Services. It includes all software, algorithms, tools, designs, graphics, documentation, and any related intellectual property rights. No rights are granted to you except for the limited licenses expressly provided under these Terms.

5.2 Customer Content Ownership

You retain all rights and interest in the content you submit, upload, or otherwise provide through the Services (“Customer Content”).

Clipping Path CA does not claim ownership of your Customer Content. You represent and warrant that you have all necessary rights and permissions to submit Customer Content and grant the licenses described below.

5.3 License to Clipping Path CA

By submitting Customer Content, you grant Clipping Path CA a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, reproduce, modify, publish, display, distribute, and create derivative works of your Customer Content solely to provide, improve, and promote the Services. You acknowledge that we may use anonymized or aggregated data derived from Customer Content for analytics and product development.

5.4 Restrictions

You may not:

Copy, modify, distribute, or create derivative works of the Services except as expressly authorized;
Remove, alter, or obscure any proprietary notices in the Services or Documentation; or
Use the Services to violate any third-party intellectual property rights.

5.5 Reporting Infringement

If you believe that any content in the Services violates your intellectual property rights, please contact us immediately with sufficient detail to allow us to investigate and take appropriate action.

5.6 Survival

Provisions regarding ownership, licenses, restrictions, and reporting violations survive termination or expiration of these Terms.

6. Representations; Disclaimer of Warranties

You represent and warrant that you have validly entered into this Agreement and have the legal authority to do so. You also represent and warrant that you are responsible for the actions of your Authorized Users and their compliance with this Agreement.

The Services and all related components and information are provided on an “as is” and “as available” basis without warranties of any kind. Except as expressly stated in this Agreement.

We do not provide any warranties, including implied warranties of quality, ownership, suitability for a particular purpose, or protection against violation of rights. You acknowledge that we do not warrant that the Services will be uninterrupted, timely, secure, or error-free.

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

This Agreement grants you specific legal rights, and you may also have other rights that vary by jurisdiction. These disclaimers will not apply to the extent prohibited by applicable law.

7. Confidentiality and Data Protection

Clipping Path CA may provide you with confidential information in connection with this Agreement.

“Confidential Information” means any non-public business, project, product, or service-related details that a reasonable person would recognize as confidential, including order forms, design instructions, and client data.

You agree to:

Take reasonable steps to safeguard all Confidential Information and prevent unauthorized disclosure.
Share such information only with employees, affiliates, or contractors who need access to perform work under this Agreement.
Not use or disclose Confidential Information for any purpose beyond this Agreement unless required by law or with our prior written consent.

Clipping Path CA also follows strict data protection practices. Any personal data you provide will be handled by our Privacy Policy.

We ensure secure storage, responsible use, and compliance with applicable privacy laws.

8. Term and Termination

8.1 Agreement Term

This Agreement remains in effect from the date you place an order with Clipping Path CA until the completion of the requested services or termination by either party.

Termination of this Agreement does not affect your obligation to pay for services already completed.

Any provisions that by their nature should survive termination shall remain in effect. It includes Intellectual Property, Confidentiality, Limitation of Liability, and Indemnification.

8.4 Termination for Cause

Either party can end the Agreement if the other party seriously breaks it and does not fix the problem within 24 hours after getting written notice

Customer is responsible for all actions of its Authorized Users. Clipping Path CA may also terminate immediately if we reasonably believe the Services are being used in violation of applicable law or for prohibited purposes.

8.5 Termination Without Cause

I) Customer-Initiated Termination: Customers may cancel an order or service request at any time before work starts. It is provided that they notify Clipping Path CA in writing. Once work has begun, cancellations are not accepted.

II) Clipping Path CA-Initiated Termination: Clipping Path CA reserves the right to terminate any order or service request without cause. The Company will provide the Customer with at least twenty-four (24) hours’ written notice before doing so.

8.6 Effect of Termination

I) Customer Cancellation Before Service: If a Customer cancels an order before work has begun, any prepaid fees will be refunded in full.

II) Customer Cancellation After Service Begins: Once work has started, fees already paid are non-refundable.

III) Clipping Path CA Termination: Clipping Path CA may cancel a service request for any reason. In such cases, any prepaid fees for work not yet started will be refunded.

IV) Data Retention: Customer data related to completed orders may be retained by our Privacy Policy for legal or business purposes.

V) License Termination: Any limited licenses granted to access the Services or files cease immediately upon termination or completion of the service.

8.7 Additional Considerations

Suspension: We may temporarily suspend access to the Services for investigation of breaches, security issues, or suspected misuse without terminating the Agreement.

Unexpected Events: Termination or suspension will not constitute a breach if due to events beyond either party’s reasonable control. For instance, technical failures or legal restrictions.

Data Retrieval: Customers are responsible for exporting or retrieving their content before termination; Clipping Path CA is not obligated to retain data beyond retention requirements specified in the Privacy Policy.

9. Limitation of Liability

In no event will Clipping Path CA’s total liability arising out of or relating to any single order exceed the amount paid by the Customer for that order. This limitation does not reduce or limit the Customer’s payment obligations under the Payment Terms.

Clipping Path CA will not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, lost data, or loss of business opportunities, arising out of or relating to the Services provided for any order, even if we have been advised of the possibility of such damages.

Customers are responsible for maintaining the security and confidentiality of any account credentials and submitted content. Clipping Path CA is not liable for losses resulting from unauthorized access due to compromised credentials.

10. Indemnification

You agree to defend, indemnify, and hold harmless Clipping Path CA, its affiliates, licensors, officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to:

I) Your submission of Customer Content for any order;

II) Any breach of these Terms by you or your Authorized Users;

III) Any infringement of third-party rights, including intellectual property, privacy, or publicity rights, caused by your content or instructions;

IV) Your violation of any applicable laws while using the Services;

IV) Your gross negligence, fraud, or willful misconduct.

Clipping Path CA will notify you of any claims and allow you to participate in their defense, provided such involvement does not compromise our ability to protect the Services.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be regulated by and construed following the laws of the USA, without regard to conflicts of law principles.

12. Amendments

We reserve the right to modify, update, or amend these Terms at any time. Any changes will be effective immediately upon posting on our website or platform, unless otherwise stated.

Your continued use of the services after any modifications constitutes your acceptance of the revised terms. It is your responsibility to review the terms periodically to stay informed of any changes.

13. Warranty and Disclaimer

We are committed to providing high-quality clipping path services, but the services are provided “as is” and “as available.” You use our services at your own risk. Clipping Path CA does not guarantee that results will be perfect or error-free.

We are not responsible for any third-party tools or content used in the services. Some jurisdictions may limit the effect of this disclaimer.

14. Third-Party Rights

You acknowledge that certain content owners or distributors may be intended beneficiaries of this Agreement and can enforce its terms directly against you.

This Agreement does not grant any rights to third parties except as stated here. Any rights to modify, terminate, waive, or settle this Agreement are solely ours and are not subject to approval by any other party.

15. Entire Agreement

This Agreement represents the full understanding between you and Clipping Path CA regarding the Services. It replaces any earlier agreements, whether written or spoken, on the same subject.

16. Severability and Waiver

If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force. Failure by Clipping Path CA to enforce any provision does not waive our rights to enforce it in the future.

17. Assignment

Clipping Path CA may assign this Agreement or delegate any of its obligations at any time. You may not transfer or assign your rights or obligations under this Agreement to any third party without our prior written consent.

18. Applicable Law

This Agreement is governed by the laws of the State of Michigan, United States. You agree to submit to the exclusive jurisdiction of the courts located in Michigan for any disputes arising under this Agreement.

Clipping Path CA uses cookies to improve your experience on our website. Cookies are small files stored on your device to help us analyze traffic, remember your preferences, and tailor the site to your needs.

We use cookies to:

Track which pages are visited to improve website performance.
Remember your preferences and settings.
Provide personalized content and services.

You can manage or delete cookies through your browser settings. Please note that disabling cookies may affect the usability and functionality of our website.

19. Privacy

Your privacy is important to us. Clipping Path CA collects and uses personal information by our Privacy Policy, available on our website. By using our services, you agree to the terms of the Privacy Policy.

We may collect information such as your name, email, payment details, and usage data to provide and improve our services. We do not sell your data to third parties.

Please review our Privacy Policy carefully to understand how we collect, use, and protect your information.

20. Contact Information

If you have any questions, concerns, or need support regarding our services or these Terms, you can contact us at:

Clipping Path CA

Head Office (U.S.A): 3180 Braeburn Circle, Ann Arbor, MI – 48108, United States.
Mobile: +1 (917) 936-4784
Mail: admin@clippingpathca.com