Terms of Service

1. Introduction and Acceptance

Welcome to AI Image Editor: Photo Edit AI ("Service", "Application", "App"). These Terms of Service ("Terms") constitute a legally binding agreement between you and AI Image Editor: Photo Edit AI ("Company", "we", "us", "our") governing your use of our AI-powered image editing and generation services.

By accessing or using our Application, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.

2. Definitions

• "User": Any individual who accesses or uses the Service
• "Content": Any images, text, or other materials uploaded or created through the Service
• "Generated Content": Images, avatars, or enhancements created using our AI technology
• "Subscription": Paid membership plans offering enhanced features and usage limits
• "Credits": Usage units consumed when generating or processing images

3. Account Registration and Security

3.1. Account Creation

• You must provide accurate and complete information during registration
• You must be at least 13 years old (or the minimum age in your jurisdiction)
• One person may maintain only one account
• You are responsible for maintaining account security

3.2. Account Security

• Keep your login credentials confidential
• Notify us immediately of any unauthorized access
• You are responsible for all activities under your account
• We may suspend accounts that violate these Terms

4. Service Description and Features

AI Image Editor: Photo Edit AI provides:

• AI-powered image generation from text prompts
• Image upscaling and enhancement
• Custom AI avatar creation with fine-tuned models
• Image editing and manipulation tools
• Cloud storage for generated content
• Gallery features for organizing and sharing creations

Features may vary based on subscription tier and are subject to change.

5. Subscription and Payment Terms

5.1. Subscription Tiers

• Free Tier: Limited daily generations with basic features
• Premium Tiers: Enhanced limits, priority processing, and advanced features
• Enterprise: Custom solutions for business needs

5.2. Billing and Payments

• Subscriptions are processed through Apple App Store, Google Play Store, or third-party payment processors
• Prices are subject to change with notice
• All payments are non-refundable except as required by law
• Subscriptions auto-renew unless cancelled before the renewal date

5.3. Usage Limits

• Each tier includes specific generation limits
• Unused credits do not roll over to the next billing period
• Exceeding limits may result in service restrictions

6. User Content and Licensing

6.1. Your Content

• You retain ownership of original images you upload
• You grant us a license to process, store, and display your content for service provision
• You are responsible for having rights to upload and modify content
• You must not upload content that infringes on others' rights

6.2. Generated Content

• You own the rights to AI-generated content you create, subject to these Terms
• Generated content may not be unique; others may generate similar content
• We retain rights to use generated content for service improvement (anonymized)
• Commercial use of generated content is permitted for paid subscribers

6.3. Public Gallery

• Content shared to public gallery grants us perpetual license to display
• You may remove your content from public gallery at any time
• We may moderate and remove inappropriate public content

7. Acceptable Use Policy

You agree NOT to use the Service to:

7.1. Prohibited Content

• Create deepfakes or misleading content about real persons
• Generate illegal, harmful, or offensive content
• Produce adult, violent, or disturbing imagery
• Infringe on intellectual property rights
• Create content that violates any laws or regulations

7.2. Prohibited Activities

• Circumvent usage limits or security measures
• Reverse engineer or copy our AI models
• Resell or redistribute the Service without authorization
• Use automated systems to access the Service
• Interfere with or disrupt service operations
• Violate third-party AI model providers' terms

7.3. Enforcement

We reserve the right to:

• Remove violating content without notice
• Suspend or terminate accounts for violations
• Report illegal activities to authorities
• Pursue legal remedies for damages

8. Intellectual Property

8.1. Our Property

• The Service, including AI models, software, and designs, is our property
• Our trademarks and branding may not be used without permission
• Feedback you provide becomes our property without compensation

8.2. Third-Party Rights

• Respect copyrights, trademarks, and other intellectual property
• Do not generate content that infringes on others' rights
• You are liable for any infringement claims arising from your use

9. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to:

• Collection and processing of data as described in the Privacy Policy
• Storage of content on cloud servers
• Analytics and performance monitoring
• Communication about service updates and features

10. Third-Party Services

The Service integrates with third-party providers including:

• Cloud infrastructure and authentication services
• AI model hosting platforms
• Third-party subscription and payment management services
• Various AI model providers

Third-party services are governed by their own terms and we are not responsible for their actions.

11. Disclaimers and Limitations

11.1. Service Availability

• The Service is provided "AS IS" without warranties
• We do not guarantee uninterrupted or error-free operation
• Features may change or be discontinued
• AI results may vary and are not guaranteed

11.2. Content Accuracy

• AI-generated content may contain errors or biases
• We are not responsible for accuracy or appropriateness of generated content
• Users must review and verify generated content before use

11.3. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the past 12 months
• We are not responsible for loss of data or content
• You use the Service at your own risk

12. Indemnification

You agree to indemnify and hold harmless AI Image Editor: Photo Edit AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of any third-party rights
• Content you upload or generate

13. Termination

13.1. By You

• You may terminate your account at any time through account settings
• Termination does not entitle you to refunds
• Your content may be deleted upon termination

13.2. By Us

We may suspend or terminate your account for:

• Violation of these Terms
• Suspicious or fraudulent activity
• Extended period of inactivity
• Legal or regulatory requirements

13.3. Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Licenses to your content terminate (except public gallery)
• You remain liable for obligations incurred before termination

14. Modifications to Terms

We may modify these Terms at any time. We will notify you through:

• In-app notifications
• Email (if provided)
• Prominent notice on our website

Continued use after modifications constitutes acceptance of new Terms.

15. Dispute Resolution

15.1. Informal Resolution

Before formal proceedings, contact us to attempt informal resolution.

15.2. Arbitration

Disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, except where prohibited by law.

15.3. Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.4. Class Action Waiver

You waive any right to bring claims as a plaintiff or class member in any purported class action.

16. General Provisions

16.1. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service.

16.2. Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

16.3. No Waiver

Our failure to enforce any right or provision is not a waiver of that right.

16.4. Assignment

You may not assign these Terms. We may assign our rights to any successor.

16.5. Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control.

17. Specific Platform Terms

17.1. iOS/Apple App Store

• Additional terms from Apple's standard EULA apply
• Apple is not responsible for the Service
• Apple is a third-party beneficiary with rights to enforce these Terms

17.2. Android/Google Play Store

• You comply with Google Play's Developer Program Policies
• Google is not responsible for the Service

18. Export Controls

You agree not to export or re-export the Service in violation of U.S. export laws and regulations.

19. Contact Information

For questions about these Terms:

Email: legal@aiimageeditor.app
Support: Use in-app support feature
Address: [Your Company Address]

20. Acknowledgment

By using AI Image Editor: Photo Edit AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: August 31, 2025
Last Updated: August 31, 2025