Terms of Use for Foto: AI Photo & Art Generator
These Terms of Use and End-User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Leadimize (“we,” “us” or “our”), concerning your access to and use of the Foto: AI Photo & Art Generator app (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice.
Please read this Agreement carefully before you download, install, or start using the App.
By downloading, installing, or using the App, you indicate that you have read, understood, agreed, and accepted the terms of this Agreement, which takes effect on the date on which you download, install, or start using the App. If you do not accept this Agreement, or do not agree with at least one of its provisions, you may not access, download, install, or start using the App. If you have already done so, you must delete the App from any mobile device in your possession or under your control.
I. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. By continuing to use the App after the revised Agreement is posted, you will be deemed to have accepted the changes.
II. RESTRICTIONS ON WHO CAN USE THE APP
To download, install, access, or use the App, you must reach the age of majority or legal age in your jurisdiction (typically at least 18 years old). Minors between the ages of 13 and 17 must have permission and be directly supervised by their parent or guardian. If you are under 13 years old, you are not permitted to use the App.
III. GENERAL TERMS
Foto: AI Photo & Art Generator is developed for entertainment purposes. The App offers image and photo generation tools based on Artificial Intelligence models that allow you to convert text, photo, and video prompts into images or videos.
IV. PRIVACY POLICY
Your privacy is very important to us. We process, use, and store personal data according to our Privacy Policy. By using the App, you agree to the terms of the Privacy Policy. Please read it carefully.
V. END USER LICENSE AGREEMENT. RULES AND REGULATIONS APPLICABLE TO USER CONTENT
By using Foto, you are granted a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You are required to respect our intellectual property rights and those of any third parties.
User Content:
You retain full ownership of any content you upload or generate through the App, and you are free to use it commercially. However, you grant us a temporary, non-exclusive, royalty-free license to use the content as necessary to generate images and improve our services.
We do not claim any ownership over your User Content, and it will not be shared without your consent unless required by law.
VI. PROHIBITED BEHAVIOR
You agree not to use the App for any unlawful, defamatory, or offensive activities. You will not use the App to infringe on intellectual property rights, harm others, or engage in any illegal activities.
We also restrict the use of the avatar feature and other parts of the App by minors, and will take action if such violations are detected.
VII. THIRD PARTIES' MATERIALS AND TECHNOLOGIES INTEGRATED INTO THE APP
Foto uses third-party technologies and services (e.g., AI models for image generation). These third-party technologies are used in accordance with their respective licenses. For example, some AI models may be licensed under CreativeML Open RAIL-M.
VIII. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
Foto requires a compatible device and an internet connection. We do not guarantee uninterrupted or error-free access to the App. You are responsible for maintaining your device and internet connection.
IX. CHARGES
Foto is provided for free, but certain premium features or content (e.g., additional art generation tools, exclusive image styles, etc.) are available through in-app purchases or subscriptions. Access to these premium options requires a paid subscription or one-time purchases.
In-App Purchases and Subscriptions:
Foto offers in-app purchases and subscription options. You may choose from various subscription plans, which grant you access to premium features for a set period. Specific pricing and subscription durations are listed within the App.
Free Trial and Subscription Renewal:
You may have the opportunity to try premium features during a free trial period, which will automatically renew into a paid subscription unless canceled at least 24 hours before the end of the trial period. You will be notified of the charges before the trial ends.
Subscription Management:
You can manage your subscription through your Apple ID Account Settings. Subscriptions will renew automatically unless canceled at least 24 hours before the end of the current period. Cancelling your subscription will stop future charges, but you will continue to have access to the premium features until the end of the current billing cycle.
One-Time Purchases:
In addition to subscriptions, Foto may offer one-time purchases for premium content, such as exclusive art styles, avatar packs, or additional features. These purchases are non-renewable, and you will receive access to specific content or features for a one-time fee.
Charges and Billing:
Payment will be charged to your Apple ID account upon confirmation of purchase. Prices are listed in USD and may vary depending on your region. You are responsible for any charges incurred related to your mobile carrier or internet service provider, including data usage and roaming charges.
X. THIRD PARTY WEBSITES AND RESOURCES
The App may contain links to third-party websites or services. We are not responsible for the content or services of these third parties. You are solely responsible for complying with their terms and conditions.
XI. DISCLAIMER OF WARRANTIES
Your use of the App is at your own risk. The App is provided “as is” without any warranties. We do not guarantee that the App will meet your expectations or be free of errors.
XII. LIMITATION OF LIABILITY. INDEMNIFICATION
We are not liable for damages arising from your use of the App, including any legal issues related to user-generated content. You agree to indemnify us for any claims or damages resulting from your use of the App.
XIII. LEGAL COMPLIANCE
You represent that you are not located in a country subject to a U.S. Government embargo or restricted by the U.S. Government, and that you comply with all applicable laws when using the App.
XIV. GOVERNING LAW AND CLAIMS
This Agreement is governed by the laws of the state of Florida, USA. Any disputes will be exclusively decided by the courts of Florida.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time for any reason. Upon termination, you must cease all use of the App.
XVI. SEVERABILITY
If any part of this Agreement is found to be invalid, the remainder will remain in effect.
XVII. CONTACT INFORMATION
If you have any questions or concerns, please contact us at leadimizemedia@gmail.com.