Terms of Service

Last updated: September 29, 2025

1. Introduction

Welcome to AIFoto (“AIFoto,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of AIFoto’s websites, apps, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Description of the Service

AIFoto provides AI-powered creative tools, including but not limited to image generation, video generation, text generation, prompt tooling, and other content creation or enhancement features that we may add in the future. Some features may be available without registration; others may require an account and/or payment.

3. Eligibility

The Service is intended for users aged 16 and older. If you are under 16, you may only use the Service with the involvement of a parent or legal guardian. You represent that you have the capacity to enter into a binding agreement in your jurisdiction.

4. Accounts and Registration

• Anonymous use: Certain features may be accessed without creating an account.
• Accounts: To access premium features or manage subscriptions, you must create an account and provide accurate, complete information. You are responsible for preserving the confidentiality of your login credentials and for all activity under your account.
• Security: Notify us immediately of any unauthorized use or suspected breach. We may require additional verification steps for security or legal compliance.

5. Free and Paid Features

• Free access: We may offer limited features without login and/or grant free credits after sign‑in. The availability, amount, and validity period of any free credits or trials are determined by us and may change at any time.
• Usage limits: We may impose usage caps (e.g., rate limits, generation limits) to maintain Service quality and prevent abuse.

6. Payments, Subscriptions, and Refunds

• Payment processing: Payments are processed securely by our payment provider (Stripe). We do not collect or store your full payment card details.
• Subscriptions: Subscriptions renew automatically on a monthly or yearly basis until canceled. You can cancel at any time in your account settings, effective at the end of the current billing period. Access continues until the end of the period; partial periods are not prorated.
• Pricing and taxes: Prices are shown at checkout and may change from time to time. Applicable taxes may be added as required by law.
• Refunds: Refunds are provided in accordance with our Refund Policy. Unless required by law or specified in our Refund Policy, all fees are non‑refundable and non‑transferable once charged.
• EU withdrawal right: If you are an EU consumer, you may have a 14‑day statutory right of withdrawal for certain purchases. By starting to access or download digital content or by using the Service during the withdrawal period, you expressly request immediate performance and acknowledge that you lose the right of withdrawal for that period.

7. Acceptable Use Policy

You agree not to misuse the Service. Without limitation, you will not:

• Violate any law or regulation;
• Upload, generate, or share content that is illegal, harmful, defamatory, hateful, sexually exploitative (including any content involving minors), or otherwise objectionable;
• Infringe or misappropriate third‑party rights, including copyrights, trademarks, trade secrets, privacy, and publicity rights;
• Attempt to bypass or disable safety systems, rate limits, or content filters;
• Interfere with or disrupt the Service (e.g., DDoS, scraping without permission, introducing malware);
• Reverse engineer, decompile, or otherwise attempt to extract source code, models, or datasets except as permitted by law;
• Use automated means to access the Service in a manner that exceeds reasonable rate limits or violates API/documentation guidelines;
• Misrepresent the origin of content or impersonate others.

We reserve the right to review, disable, or remove content and to suspend or terminate access for violations of these Terms.

8. Content Ownership and Licenses

8.1 Your Uploads

You retain ownership of content you upload (“User Content”). You grant AIFoto a non‑exclusive, worldwide, royalty‑free, sublicensable license to host, store, process, transmit, and display your User Content solely to operate, maintain, and improve the Service, including to provide requested generations and to comply with law. This license ends when your User Content is deleted from our systems, subject to reasonable backup/archival practices and legal requirements.

8.2 Generated Outputs

Subject to these Terms and applicable law, you own the rights (if any) in the AI‑generated outputs created using your prompts. AIFoto does not claim ownership of outputs you generate. However, you are solely responsible for ensuring that your prompts and outputs do not violate third‑party rights or applicable laws. Outputs may be similar to those generated by others due to the probabilistic nature of AI systems.

8.3 No Training Use

We do not use your uploads or outputs to train our or third‑party machine learning models beyond what is necessary to provide the Service, as further described in our Privacy Policy.

9. Content Safety and Responsibility

We use third‑party AI service providers that implement automated safety checks designed to filter harmful or illegal content. While these systems help reduce risk, no system is perfect. You are solely responsible for the legality of your prompts, uploads, and outputs, including avoiding infringement, defamation, and other violations.

10. Service Availability; Changes

The Service is provided “as is” and “as available.” We may modify, suspend, or discontinue all or part of the Service at any time without liability. We do not guarantee uninterrupted or error‑free operation and do not provide service‑level agreements (SLAs) unless expressly agreed in writing.

11. Termination

You may stop using the Service at any time and may delete your account through the dashboard. We may suspend or terminate your access (with or without notice) if you violate these Terms, pose security or legal risk, fail to pay fees, or engage in abuse. Upon termination, provisions that by their nature should survive (e.g., ownership, disclaimers, limitations of liability) will remain in effect.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND NON‑INTERFERENCE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIFoto OR ITS AFFILIATES, LICENSORS, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO AIFOTO FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations; in such cases, the foregoing limitations apply to the fullest extent permitted by law and do not affect your statutory consumer rights.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Poland, excluding its conflict‑of‑laws rules. You and AIFoto agree to the exclusive jurisdiction and venue of the courts located in Warsaw, Poland to resolve any dispute arising from or relating to these Terms or the Service.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date. Your continued use of the Service after changes become effective constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.

16. Contact

AIFoto

• Email: support@aifoto.app
• Legal Jurisdiction: Warsaw, Poland