Terms of Use

1. Eligibility

You must be at least 18 years of age to use the Service. You are responsible for all activity that occurs under your account.

2. Subscriptions

• Subscriptions are billed through your Apple Account at the price displayed prior to purchase.
• Subscriptions renew automatically for the same period unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within the 24 hours preceding the end of the current period.
• You may manage or cancel a subscription in your Apple Account settings. Deleting the App does not cancel a subscription.
• Introductory offers are available only to eligible customers. Upon expiry of an introductory offer, the subscription renews at the regular price displayed at the time of purchase.

3. Credits

• Each generation consumes credits. The cost of a generation is displayed before you submit it.
• Subscription credits are granted for each billing period and reset upon renewal. Unused subscription credits do not carry over to subsequent periods and expire when your subscription ends.
• Credit packs are one-time purchases, do not require a subscription and do not expire.
• Credits have no cash value, are non-transferable and may not be exchanged for money.
• Credits consumed by a generation that fails are returned to your balance automatically. Credits consumed by a generation that completes successfully are not returned, including where the resulting image is later deleted in accordance with Section 6.

4. Refunds

Refunds for App Store purchases are handled by Apple and may be requested through Apple. Where a purchase is refunded, we will remove the credits granted by that purchase. This may result in a negative credit balance, in which case you will be unable to request generations until your balance is sufficient to cover their cost.

5. Your Content

You retain all rights in the photographs and text that you submit to the Service. You grant us a limited, non-exclusive license to store, process and transmit such content to our service providers solely as necessary to provide the Service to you. You are solely responsible for your use of the images that you create.

You represent and warrant that you hold all rights and permissions necessary for the content that you upload, including the consent of every individual depicted in a photograph.

6. Storage of Creations

The Service is designed to store your creations on your device. Our servers hold your content only temporarily, as described in our Privacy Policy. In particular, and without limitation:

• Uploaded photographs are deleted from our servers within approximately 48 hours of their upload or last use, and generated images within approximately 7 days of their creation or last use.
• A generated image is delivered to your device when you open the App, when a notification is received while the App is open, or when you view the image. If a generated image has not been delivered to your device before it is deleted from our servers, it will no longer be available.
• Once content has been deleted from our servers, we are unable to restore it. Copies held on your device may be lost if you delete the App, reset or lose your device, or do not maintain a backup.
• The Service is not a backup or archival service. You are solely responsible for saving any images that you wish to keep, for example by saving them to your photo library or by maintaining a backup of your device.

To the fullest extent permitted by law, we shall not be liable for any loss of, or inability to access, content that has been deleted from our servers in accordance with these Terms, or that is held only on your device.

7. Prohibited Conduct

You agree that you will not:

• Upload photographs of any person without that person’s consent, or photographs of minors unless you are their parent or legal guardian.
• Create sexual content involving minors, or sexual or intimate imagery of any real person without that person’s consent.
• Create content that harasses, threatens, defames, deceives or impersonates any other person.
• Create any content that is unlawful or that infringes the rights of any third party.
• Circumvent usage limits or safety measures, misuse the Service, or attempt to access the data of other users.

We may refuse any request, remove any content, or suspend or terminate any account that violates these Terms.

8. AI-Generated Results

Results are generated by artificial intelligence and may be inaccurate, unexpected or similar to results generated for other users. Results may not precisely resemble the individuals depicted in your photographs, and we make no representation or guarantee as to any particular result.

9. The Service

The Service, including its templates, design and software, is owned by us or our licensors. We may modify, suspend or discontinue any feature of the Service at any time, and templates and prices are subject to change. You may stop using the Service at any time.

10. Disclaimers and Limitation of Liability

The Service is provided on an “as is” and “as available” basis, without warranties of any kind, to the fullest extent permitted by law. To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special or consequential losses, and our aggregate liability shall not exceed the amount you paid to us in the twelve (12) months preceding the claim. Nothing in these Terms excludes or limits any right or liability that cannot be excluded or limited under applicable law.

11. Apple

These Terms are concluded between you and us, and not with Apple. Apple is not responsible for the App or its content and has no obligation to provide maintenance or support services for the App. In the event that the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App where applicable. Apple is not responsible for addressing any product claims or intellectual property claims relating to the App. You must comply with the applicable App Store terms of service and represent that you are not prohibited from using the App under applicable law. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

12. Changes to These Terms

We may amend these Terms from time to time. When we do, we will revise the “Last updated” date above. Your continued use of the Service after an amendment takes effect constitutes your acceptance of the amended Terms.

13. Contact

Questions regarding these Terms may be directed to team@curtesi.com.