Terms of Use – AI Image Generation Feature

Last Updated: December 15, 2025

1. Acceptance of Terms

By accessing or using the AI Image Generation feature ("Feature") within Pex ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not use the Feature.

These Terms apply specifically to your use of the AI Image Generation Feature and are supplementary to the general Terms of Service of the App.

2. Service Description

The Feature allows you to upload images and generate AI-modified or AI-created images based on your inputs. This Feature is powered by third-party artificial intelligence services, including OpenAI's API.

3. User Responsibilities and Content Guidelines

3.1 Ownership and Rights

You represent and warrant that:

• You own all rights to the images you upload, or you have obtained all necessary permissions, licenses, and consents from the rightful owner(s) to upload and process such images.

• Your use of the Feature does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.

3.2 Prohibited Content

You agree NOT to upload, submit, or generate images that:

• Contain or depict illegal content of any kind

• Depict, promote, or facilitate child sexual abuse material (CSAM) or the exploitation of minors in any form

• Contain non-consensual intimate imagery or "deepfakes" of real individuals

• Promote violence, terrorism, or physical harm against any individual or group

• Contain hate speech or content that discriminates against individuals based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin

• Infringe upon copyrights, trademarks, or other intellectual property rights

• Contain defamatory, obscene, or otherwise objectionable material

• Impersonate any person or entity or falsely represent your affiliation with any person or entity

• Violate any applicable local, national, or international law or regulation

• Violate OpenAI's Usage Policies (available at https://openai.com/policies/usage-policies)

3.3 Sole Responsibility

You acknowledge and agree that you are solely responsible for all content you upload and all outputs generated through your use of the Feature. The Developer does not pre-screen content and is not liable for any content you submit or generate.

4. Third-Party Service Compliance

4.1 OpenAI API

The Feature utilizes OpenAI's API to process and generate images. By using this Feature, you agree to comply with OpenAI's Terms of Use and Usage Policies.

You acknowledge that:

• OpenAI may reject, filter, or modify content that violates their policies

• Violations of OpenAI's policies may result in suspension or termination of service

• The Developer has no control over OpenAI's content moderation decisions

4.2 Consequences of Violation

If you violate OpenAI's policies or these Terms:

• Your access to the Feature may be immediately suspended or terminated without refund

• You may be held liable for any damages, fines, or penalties arising from your violation

• The Developer reserves the right to report illegal activity to appropriate authorities

5. Data Handling and Privacy

5.1 Image Upload and Processing

When you upload an image:

• Your image is transmitted to OpenAI's servers for AI processing

• A backup copy may be stored on Apple's iCloud service

• The original and generated images are stored locally on your device

5.2 Data Retention

• Images transmitted to OpenAI are subject to OpenAI's data retention policies (see https://openai.com/policies/privacy-policy)

• Backup copies stored on iCloud are subject to Apple's iCloud Terms and Conditions and Privacy Policy

• Images stored locally on your device remain under your control and responsibility

• The Developer does not maintain independent servers for image storage — data is processed through the third-party services mentioned above

5.3 Third-Party Data Sharing

By using this Feature, you acknowledge that your images will be processed by:

• OpenAI — governed by their Privacy Policy (https://openai.com/policies/privacy-policy)

• Apple iCloud — governed by Apple's Privacy Policy (https://www.apple.com/legal/privacy/)

5.4 Data Protection Rights

Depending on your jurisdiction, you may have rights regarding your personal data, including the right to access, correct, delete, or port your data. To exercise these rights, contact the Developer at the email provided in Section 14.

5.5 No Guarantee of Confidentiality

While reasonable security measures are implemented, absolute security or confidentiality of images cannot be guaranteed. Do not upload images containing sensitive personal information, trade secrets, or confidential data.

6. Intellectual Property

6.1 Your Content

You retain ownership of the original images you upload. By uploading content, you grant the Developer a limited, non-exclusive license to process and transmit your images solely for the purpose of providing the Feature.

6.2 Generated Content

Ownership and usage rights for AI-generated images are subject to:

• These Terms

• OpenAI's Terms of Use regarding generated content

• Applicable intellectual property laws in your jurisdiction

You are responsible for ensuring your use of generated images complies with all applicable laws and third-party rights.

7. Disclaimers

7.1 "As Is" Service

THE FEATURE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 No Guarantee of Results

The Developer does not guarantee:

• The accuracy, quality, or suitability of generated images

• Uninterrupted or error-free operation of the Feature

• That the Feature will meet your specific requirements

• That generated content will be free from defects or biases

7.3 AI Limitations

You acknowledge that AI-generated content may contain errors, inaccuracies, biases, or unexpected results. You are responsible for reviewing and verifying all generated content before use.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• THE DEVELOPER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE FEATURE

• THE DEVELOPER'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE FEATURE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM

• THE DEVELOPER IS NOT LIABLE FOR ANY DAMAGES ARISING FROM YOUR VIOLATION OF THESE TERMS, OPENAI'S POLICIES, OR APPLICABLE LAW

• THE DEVELOPER IS NOT LIABLE FOR ACTIONS, OMISSIONS, OR POLICIES OF THIRD-PARTY SERVICES (OPENAI, APPLE) USED IN PROVIDING THE FEATURE

9. Indemnification

You agree to indemnify, defend, and hold harmless Gabriel Silva Targon ("Developer"), from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of the Feature

• Content you upload or generate

• Your violation of these Terms

• Your violation of any third-party rights

• Your violation of any applicable law or regulation

10. Termination

The Developer reserves the right to suspend or terminate your access to the Feature at any time, with or without notice, for any reason, including but not limited to violation of these Terms.

Upon termination, your right to use the Feature will immediately cease, and any pending or paid services may be forfeited without refund in cases of Terms violation.

11. Modifications to Terms

These Terms may be modified at any time. Changes will be effective upon posting of the revised Terms. Your continued use of the Feature after any changes constitutes acceptance of the new Terms.

You are encouraged to review these Terms periodically for updates.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil.

Any disputes arising from these Terms or your use of the Feature shall be resolved in the courts of the judicial district of São Paulo, SP, Brazil.

For users residing in Brazil, in accordance with the Brazilian Consumer Defense Code, you may opt to bring claims in the courts of your own domicile.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Contact Information

If you have questions about these Terms or the Feature, please contact:

Gabriel Silva Targon (Independent Developer)

Email: pexapplication@gmail.com

Location: São Paulo, SP, Brazil

By using the AI Image Generation Feature, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.