Terms of Use

Effective Date: July 30, 2026

These Terms of Use (“Terms”) govern your access to and use of the Photo AI mobile application (the “App”), operated by Roman Derenko (“we,” “us,” or “our”).

By downloading, accessing, or using the App, you agree to these Terms. If you do not agree to these Terms, do not use the App.

1. The Service

The App allows users to upload photos, provide prompts or instructions, and generate images using artificial intelligence technology supplied partly by third-party service providers.

The App’s features, generation methods, availability, limits, and supported formats may change over time.

We may modify, suspend, restrict, or discontinue any part of the App where reasonably necessary, including for maintenance, security, legal compliance, technical limitations, or changes to third-party services.

2. Eligibility

You must be at least 13 years old to use the App.

If the law where you live requires a higher minimum age, you must meet that age requirement.

If you are under the legal age of majority in your jurisdiction, you may use the App only with the permission and supervision of a parent or legal guardian.

By using the App, you represent that you meet these requirements.

3. User Content

“User Content” includes photos, images, prompts, text, instructions, and other materials you upload or submit through the App.

You retain any ownership rights you have in your User Content.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, reproduce, transmit, modify, and process your User Content solely as reasonably necessary to:

• Operate the App;
• Send your request to third-party AI providers;
• Generate and deliver requested images;
• Maintain security and prevent abuse;
• Comply with legal obligations;
• Enforce these Terms.

This license ends when the relevant content is deleted from our systems, except where continued retention is required by law, necessary for security or dispute resolution, or maintained temporarily in backups.

4. Your Responsibilities

You represent and warrant that:

• You own your User Content or have all permissions necessary to use it;
• Your User Content and use of the App do not violate another person’s rights;
• You have permission to upload identifiable images of other people where required;
• Your use of generated content will comply with applicable laws;
• You will not represent AI-generated images as authentic where doing so would be deceptive, harmful, or unlawful.

You are responsible for reviewing generated images before publishing, distributing, or relying on them.

5. Prohibited Uses

You may not use the App to create, upload, request, distribute, or promote content that:

• Is illegal, fraudulent, deceptive, or defamatory;
• Violates copyright, trademark, privacy, publicity, contractual, or other rights;
• Exploits, sexualizes, or endangers children;
• Contains non-consensual intimate imagery;
• Creates sexually explicit or exploitative content involving a real person without that person’s clear consent;
• Harasses, threatens, intimidates, or targets another person;
• Impersonates another person for fraud, manipulation, or deception;
• Falsely represents a generated image as authentic evidence of an event;
• Promotes terrorism, violent extremism, or serious criminal activity;
• Contains malicious code or attempts to interfere with the App;
• Attempts to bypass safety systems, generation limits, or access controls;
• Uses automated systems to overload, scrape, reverse engineer, or disrupt the App;
• Violates applicable sanctions, export controls, or other laws.

We may block requests, remove content, restrict access, or cooperate with lawful authorities where we reasonably believe these Terms have been violated.

6. Images of Real People

You may not use the App to create deceptive, abusive, exploitative, defamatory, or non-consensual content depicting a real person.

You must obtain any consent required to upload, modify, publish, or commercially use another person’s image, face, likeness, or identity.

Extra care should be taken with images involving children, private individuals, public figures, medical situations, intimate contexts, political communications, and alleged criminal conduct.

7. AI-Generated Results

The App uses probabilistic artificial intelligence systems. Generated images may:

• Be inaccurate or unexpected;
• Contain visual defects or inappropriate elements;
• Reflect biases or limitations in AI systems;
• Resemble existing people, styles, characters, trademarks, or copyrighted works;
• Fail to follow your instructions;
• Produce different results from identical prompts.

We do not guarantee that generated content will be unique, accurate, lawful for every intended use, commercially usable, or free from third-party claims.

You are responsible for reviewing whether your intended use of generated content is lawful and appropriate.

8. Ownership of Generated Content

As between you and us, and to the extent permitted by applicable law, we do not claim ownership of the AI-generated images created for you through the App.

However:

• Copyright or other intellectual property protection for AI-generated content may be limited or unavailable in some jurisdictions;
• Similar or identical outputs may be generated for other users;
• Your rights may be affected by the rights of third parties;
• Third-party AI providers may impose additional terms relating to generated content;
• We do not guarantee exclusive ownership or enforceability of any rights in generated images.

You are responsible for determining whether you have the rights necessary for any commercial, promotional, or public use.

9. Intellectual Property

The App, including its software, interface, graphics, branding, design, documentation, and other materials, is owned by us or our licensors and is protected by applicable intellectual property laws.

These Terms give you a limited, revocable, non-exclusive, non-transferable license to use the App for personal or otherwise lawful purposes in accordance with these Terms.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works from the App except where applicable law expressly permits such activity.

10. Third-Party Services

The App relies on third-party services, including an external AI API.

Your requests and uploaded content may be transmitted to and processed by these providers. Their systems may be temporarily unavailable, modified, restricted, or discontinued.

We are not responsible for outages, errors, content, security incidents, or actions caused solely by third-party services that are outside our reasonable control.

Your use of third-party services may also be subject to their applicable terms and policies.

11. Privacy

Our collection and use of personal information are described in our Privacy Policy.

By using the App, you acknowledge that photos and prompts you submit must be transmitted to third-party AI infrastructure to provide the requested generation functionality.

12. App Store Terms

If you download the App through the Apple App Store, you acknowledge that:

• These Terms are between you and us, not Apple;
• Apple is not responsible for operating or supporting the App;
• Apple has no obligation to provide maintenance or support services for the App;
• Apple is not responsible for claims relating to the App, except where required by applicable law;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the App Store-related provisions against you.

Your use of the App must also comply with applicable App Store rules and usage terms.

13. Suspension and Termination

We may suspend or terminate your access to the App if we reasonably believe that:

• You have violated these Terms;
• Your activity creates a security, legal, or reputational risk;
• Your use could harm another person;
• We are required to do so by law or by a service provider;
• Continued access is no longer technically or commercially practical.

You may stop using the App at any time by deleting it from your device.

Sections that by their nature should survive termination will remain effective, including provisions concerning intellectual property, responsibility for content, disclaimers, limitations of liability, and dispute resolution.

14. Disclaimer of Warranties

To the maximum extent permitted by law, the App is provided on an “as is” and “as available” basis.

We do not guarantee that:

• The App will always be available, secure, or error-free;
• Generated images will meet your expectations;
• Generated images will be accurate, unique, or suitable for a particular purpose;
• All prompts will be accepted or completed;
• Generated content will not resemble existing content;
• Generated content will be legally suitable for commercial use;
• Defects or errors will always be corrected.

Nothing in these Terms excludes any warranty or consumer right that cannot legally be excluded.

15. Limitation of Liability

To the maximum extent permitted by applicable law, Roman Derenko and the App’s service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, data, business opportunities, reputation, or expected savings arising from:

• Your use or inability to use the App;
• User Content or generated images;
• Reliance on AI-generated content;
• Unauthorized access to information;
• Third-party services;
• Suspension, modification, or discontinuation of the App.

Where liability cannot be fully excluded, our liability will be limited to the minimum amount permitted by applicable law.

These limitations do not apply where liability cannot legally be limited, including certain cases involving fraud, intentional misconduct, gross negligence, death, personal injury, or mandatory consumer rights.

16. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Roman Derenko from claims, damages, losses, liabilities, and reasonable legal expenses arising from:

• Your User Content;
• Your use of generated images;
• Your violation of these Terms;
• Your infringement of another person’s rights;
• Your unlawful or deceptive use of the App.

This section does not apply to the extent prohibited by mandatory consumer law.

17. Changes to the App or Terms

We may update the App and these Terms from time to time to reflect:

• New or modified features;
• Changes to third-party services;
• Security requirements;
• Legal or regulatory requirements;
• Changes to our business practices.

When we update these Terms, we will revise the effective date.

Where required by law, we will provide additional notice before material changes take effect. Your continued use of the App after updated Terms become effective constitutes acceptance of the updated Terms, to the extent permitted by law.

18. Governing Rules and Disputes

These Terms are governed by the laws applicable to the operator of the App, without overriding any mandatory consumer protections that apply in your country of residence.

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally.

Nothing in these Terms prevents you from exercising rights or bringing claims before courts or consumer authorities where applicable law gives you that right.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

20. Entire Agreement

These Terms and the Privacy Policy constitute the agreement between you and us concerning your use of the App, except where additional terms are expressly presented for a specific feature or third-party service.

21. Contact Us

For questions about these Terms, contact:

Roman Derenko

Email: rderenko80@gmail.com