Terms of Service

Welcome to Phototy. These Terms of Service ("Terms") govern your use of the Phototy application, website, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. Acceptance of Terms

By creating an account, downloading the application, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website or through the Service. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

3. Account Registration and Security

To use certain features of the Service, you may need to create an account. You are responsible for:

• Providing accurate and complete information when creating your account
• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to disable any account if we believe you have violated these Terms.

4. Subscription and Payments

Phototy offers subscription plans that provide access to premium features. By subscribing to a paid plan:

• You agree to pay all fees associated with your selected subscription plan
• Subscriptions automatically renew unless canceled before the renewal date
• You can cancel your subscription at any time through your account settings or by contacting us
• Refunds are provided in accordance with applicable law and our refund policy

Prices and available subscription plans are subject to change. We will notify you of any price changes before they take effect.

Subscription Details

Phototy currently offers the following subscription options:

• Weekly: A weekly subscription that provides unlimited access to all premium styles and features. This subscription automatically renews every week until canceled.
• Yearly: A yearly subscription that provides unlimited access to all premium styles and features at a discounted rate. This subscription automatically renews every year until canceled.

All subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase.

5. User Content and License

When you upload photos or other content ("User Content") to the Service:

• You retain all ownership rights to your User Content
• You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display your User Content for the purpose of providing and improving the Service
• You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate the rights of any third party

6. AI-Generated Content

Phototy uses artificial intelligence to transform your photos into new images ("AI-Generated Content"). With respect to AI-Generated Content:

• You own the AI-Generated Content created from your uploaded photos
• We retain ownership of our AI technology, models, and algorithms
• You may use the AI-Generated Content for personal and commercial purposes, subject to the restrictions in these Terms
• We may use anonymized data from the generation process to improve our AI models

7. Prohibited Uses

You agree not to use the Service to:

• Upload, generate, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Upload content that infringes upon the rights of others, including intellectual property rights
• Generate deepfakes or other misleading content with the intent to harm, deceive, or manipulate
• Use the Service for any illegal purpose or in violation of any local, state, national, or international law
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service
• Use the Service to generate content that depicts minors in inappropriate contexts
• Collect or store personal data about other users without their consent

8. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by Phototy and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material from our Service without our prior written consent.

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR AVAILABLE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHOTOTY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

12. Indemnification

You agree to defend, indemnify, and hold harmless Phototy and its licensees, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

14. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be resolved through good-faith negotiations. If such negotiations fail, the dispute shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Phototy regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.