Terms of Use for PhotoFex AI
These Terms of Use regulate your access to and use of our Apps and Websites and the services provided through the Apps and constitute your legal agreement with us.
Please read these Terms carefully before using the Apps and Websites.
BY CLICKING "I AGREE" OR BY USING OUR APP OR WEBSITE, YOU AGREE TO THESE TERMS OF USE.
You must be at least 13 years old to use our Apps and Websites. If you are under 18 years of age (or the age of legal majority where you live), you may only use the Apps and Websites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are the parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to the Apps and Websites. If you are using the Apps and Websites on behalf of another person or entity, you represent that you are authorized to accept these Terms on behalf of that person or entity, and that person or entity agrees to be responsible to us if you or that person or entity violates these Terms.
1. License to Use Our App
Ownership. We or our licensors own all rights, titles, and interests, including all worldwide intellectual property rights in the Apps and Websites, the specified features, content and settings, and the trademarks, service marks, and logos contained within the Apps and Websites, unless specified otherwise.
License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense,
to install and run a copy of the App on your device;
to access and use the App's features for your personal use; and
to access and use the Websites.
The copies of the Apps are licensed, not sold, to you.
You will comply with any technical restrictions in the Apps that allow you to use the Apps only in certain ways.
Permitted Use. Subject to your compliance with these Terms, you may access and use the Apps and Websites for your personal non-commercial use. Any commercial use of the Apps and Websites requires our prior written consent.
You are responsible for all activity that occurs via the instance of the App installed on your device. Sample Files: We may provide you with sample files, such as content images, clip art, or stock images, for use as a settings vehicle, in demonstrations, or for other trial or auxiliary purposes. Such files cannot be used for any purpose other than for which they were provided. You cannot distribute sample files or its derivatives, and you cannot claim any rights in such files.
Custom Settings: We may provide you with custom settings (e.g., a .dng file) to be used with Your Content. Subject to your compliance with these Terms and any applicable law, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to use custom settings with Your Content. You acknowledge and agree that no refunds will be issued and no support will be provided regarding custom settings. You will be solely responsible for downloading and saving the custom setting to your devices. You acknowledge and agree that we will not be responsible for storing and safekeeping custom settings once they become available for download.
Third-Party Marks: If any third-party trademarks are used in connection with the Apps or Websites, their use serves only to describe and/or refer to the particular application, product, company, or service identified by the trademark. We, the Apps, and Websites are not sponsored, endorsed, or affiliated with any of the trademark owners.
Updates and Upgrades: We are not obligated to maintain or support the Apps and Websites, or to provide you with updates, upgrades, or services related thereto. You acknowledge that we may from time to time at our sole discretion issue updates or upgrades to the Apps and Websites and may automatically update or upgrade the version of the Apps that you are using on your device. You consent to such automatic updating or upgrading on your device, and agree that the Terms will apply to all such updates or upgrades.
Supported Devices: You agree that we have no obligation to support any particular make or model of handset, cell phone, smartphone, tablet, or any other device, whether or not such make or model is currently or was previously supported by us.
Network Fees: To use the Apps and Websites, you will require Internet connectivity. We shall not have any responsibility or liability for any Internet, phone, mobile service, or other costs you may incur in this regard.
2. Your Obligations; Restrictions
You agree not to do any of the following while using or accessing the Apps or Websites:
Copy, reproduce, modify, adapt, prepare derivative works based on the Apps or Websites, including but not limited to adding new features or otherwise making adaptations that alter the functioning of an App.
Perform, display, publish, distribute, transmit, broadcast, or otherwise exploit the Apps or Websites.
Transfer, sell, rent, lease, distribute, sublicense, or otherwise assign any rights to, or any portion of, the Apps or Websites to any third party.
Make the functionality of an App available to multiple users through any means, including but not limited to by distributing the App or by uploading the App to a network or file-sharing service or through any hosting, application service provider, or any other type of service.
Allow or enable others to use the App using your instance of the App.
Disassemble, decompile, reverse engineer the Apps or Websites, in whole or in part, or permit or authorize a third party to do so.
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Apps or Websites, except to the extent that such activities are expressly permitted by law notwithstanding this prohibition.
Access or attempt to access the Apps or Websites by any means other than the interface we provide or authorize.
Delete or in any manner alter copyright, trademark, and other proprietary rights notices or markings appearing on the Apps or Websites as delivered to you.
Circumvent, disable, or otherwise interfere with security-related features of the Apps or Websites, or features that prevent or restrict use or copying of any content.
Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach or impair or circumvent any security or authentication measures protecting the Apps or Websites.
Collect or store any personal data that may be obtained through the Apps or Websites without the express permission of the data subjects or in compliance with applicable data protection laws.
Use the Apps or Websites for any commercial purposes without our prior written consent.
Use the Apps or Websites in any manner not permitted by these Terms.
Upload or use any content, including Your Content, in connection with the Apps that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including, but not limited to, any pornography, child pornography, or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar, violent, or constitutes hate speech, or is otherwise objectionable.
Use false identities or impersonate any other person.
Upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", or any other form of solicitation.
Encourage or instruct any other individual or entity to do any of the foregoing or to violate any of these Terms.
3. Your Content
You submit prompts to ChatGPT via the App ("User Content"). By submitting User Content, you grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the App and the Company's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents, and releases that are necessary to grant us the rights in such User Content, as contemplated under these terms; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not own Your Content that you use or provide in connection with our Apps. We have no ability to control Your Content that is used or provided in connection with the Apps, and do not have any obligation to monitor such content for any purpose. We merely perform technical functions necessary to offer the Apps and their services, including, if an App offers such a service, reformatting Your Content.
You may use the Apps, and Your Content in relation to the Apps, for lawful purposes only.
You are solely responsible for controlling, maintaining, and protecting all Your Content that you access, store, or make available, or that is otherwise processed, through the Apps.
We reserve the right to restrict the use of any content in connection with the Apps without notice.
You acknowledge and agree that we may, at our option, establish usage limits in relation to Your Content.
Content Removal: We can remove any of Your Content you share with us through the Apps if we believe that it violates these Terms, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the App to you, or disable your access to the App or its certain features if you violate these Terms and/or create risk or legal exposure for us.
License Grant: By using specific features of an applicable App, including by uploading Your Content, you hereby grant us a non-exclusive, worldwide, fully paid, royalty-free, sublicensable, and transferable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, and otherwise exploit Your Content.
Your Representations: By using Your Content in connection with the Apps, you agree that you have all necessary licenses and permissions to use Your Content; and the rights necessary to grant the licenses in these Terms. You further represent and warrant that neither Your Content nor our providing the Apps and any services included therein for your use in connection with Your Content will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4. Disclaimer of Warranties
Your use of the Apps and Websites, and any services, content, and information made available through the Apps or Websites is at your sole risk and discretion, and we hereby disclaim all liability to you or any third party relating thereto.
The Apps and Websites, and all materials, information, content, and services included therein or made available through them, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. We expressly disclaim all warranties of any kind, whether express, implied, or statutory, relating to the Apps and Websites, including without limitation the warranties of title, merchantability, fitness for a particular purpose, non-infringement of proprietary rights, course of dealing, or course of performance.
We do not warrant that:
The Apps and Websites will be secure, reliable, timely, or error-free.
The results that may be obtained from the use of the Apps and Websites will be accurate or reliable.
Any errors in the Apps and Websites will be corrected.
Third-Party Services: We are not responsible for third-party apps or content used in connection with the Apps and Websites.
5. Limitation of Liability
In no event will we, our officers, directors, employees, affiliates, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages of any kind, arising out of or in connection with your use of the Apps or Websites, or any other content or services accessed through the Apps or Websites, whether based on warranty, contract, tort (including negligence), or any other legal theory.
6. Changes
We reserve the right, at our sole discretion, to modify or revise these Terms at any time. Any changes to these Terms will be effective immediately upon posting on our App or Website. Your continued use of the Apps and Websites following the posting of any changes to these Terms constitutes acceptance of those changes.
7. Termination
By You: You may terminate these Terms at any time by ceasing all use of the Apps and Websites.
By Us: Without limiting other remedies, we may immediately terminate or suspend your access to the Apps and Websites, and remove any of Your Content, if we believe you have violated these Terms, engaged in illegal activities, or otherwise created risk or legal exposure for us, or if required to do so by law.
Effect of Termination: Upon termination, your right to use the Apps and Websites immediately ceases, and you must immediately stop using the Apps and Websites and delete all copies.
8. General
Privacy Policy: Please refer to our Privacy Policy, which is incorporated into these Terms by reference and explains how we collect, use, and disclose information that pertains to your privacy. By accessing or using the Apps or Websites, you signify your agreement to the Privacy Policy.
Questions: If you have any questions or concerns about the Apps, please do not hesitate to contact us at ekinciflashex@gmail.com
Our customer service team will be pleased to assist you with any inquiries or issues related to your use of the Apps.
By choosing our "PhotoFex AI" application, you're stepping into a more efficient and enjoyable experience. We thank you for your choice and wish you a productive and pleasant journey with "PhotoFex AI".