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By installing or using PhotoMantra App (the “Service”), you agree to these Terms and to my Privacy Policy. If you do not agree, do not use the Service.
1) Acceptance & Compliance (India)
You confirm you have read and accept these Terms and will comply with applicable Indian laws, including the Information Technology Act, 2000, IT (Intermediary Guidelines & Digital Media Ethics Code) Rules, 2021, and the Digital Personal Data Protection Act, 2023 (DPDP Act).
2) What This App Does (Prompts Only; No Image Hosting)
AI Prompt Image provides a curated library of text prompts and guidance for use with external third-party generative AI tools.
I do not directly generate or host images.
Final images are produced by you on external services and remain your responsibility (and/or that of the external provider).
The demo image shows a randomly generated synthetic Indian face created by AI (like Gemini, chatGPT etc.). Any resemblance to a real person is purely coincidental. If you believe any image looks similar to a real person or causes concern, tap Report Image — it will be reviewed and removed if needed.
The app is a facilitator of prompts only; I am not a party to your generation process or downstream uses.
3) Eligibility & Accounts
You must be 13+ to use the Service; some features may require 18+.
4) License to Use the App
I grant you a limited, revocable, non-exclusive, non-transferable license to use the app on devices you own/control for personal, non-commercial use, subject to these Terms and app-store rules.
5) Your Content & Responsibilities
You are solely responsible for (a) how you use prompts and (b) the outputs you generate with external tools, including consent/permissions for any real persons, faces, or protected assets used.
6) User Representations & Warranties
You represent and warrant that: (i) you have full right and authority to use the Service and submit content; (ii) your use complies with all applicable laws and third-party terms; (iii) you will obtain all required consents/permissions (including for any person’s image or personal data appearing in outputs); and (iv) you will not use the Service for any prohibited purpose.
7) Prohibited Use
You must not use the Service to create, facilitate, or distribute content that:
a) Is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libellous, invasive of privacy, hateful, or racially/ethnically objectionable.
b) Is unlawful or encourages unlawful activity (including money laundering or gambling).
c) Infringes IP (copyright, trademark), publicity/personality rights, or other proprietary rights.
d) Creates deepfakes or false/misleading representations of real persons without explicit, informed consent.
e) Impersonates any person or misrepresents affiliation.
f) Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order.
g) Circumvents safety systems/rate limits; reverse-engineers the Service; disseminates malware/scams; or spams/interferes with networks.
No license is given to use prompts in ways that infringe rights or violate law.
8) AI Outputs & Template Materials
Prompts, tips, and any demo materials are synthetic and may be imperfect. Results vary and may contain bias/errors/artifacts.
Subject to law and third-party rights, you may use outputs for your purposes; however, you are solely responsible for legal/IP compliance (e.g., consent for faces, clearance for logos/marks, trade dress).
I do not guarantee exclusivity, novelty, accuracy, or legality of outputs or templates.
If you have any issue regarding any prompts or demo images, you can report for that on the app page. We will take steps whatever it needed.
9) Intellectual Property
The app, UI, text libraries, and branding are owned by me or my licensors and protected by law.
Pre-set prompts are licensed to you on a limited, non-exclusive, non-sublicensable basis for personal, non-commercial use with external AI tools.
You may not copy, modify, distribute, sell, lease, or create derivative works from my app or content except as expressly allowed.
10) Fees, Purchases & Advertising (No Payments)
No fees or in-app purchases: The app does not offer paid purchases or subscriptions. I do not process payments.
Revenue from advertising only: I earn via third-party advertising networks (e.g., AdMob) shown in the app.
Ad content & links: Ads are provided by third parties; I do not control their content, availability, accuracy, or any resulting transactions. Your interactions with advertisers are solely between you and those third parties.
11) Third-Party Services & SDKs (Data Collected by Others)
The Service may include third-party SDKs/services (e.g., AdMob, analytics, crash reporting, storage/CDN).
We do not collect personal data by default (no account signup, no payments/in-app purchases). However, if you voluntarily report a template or send feedback, we may collect limited information such as your name, email address, and issue details solely for handling your report. Third-party providers may collect data under their own terms and privacy policies.
Your use of those services is subject to their terms and policies. See my Privacy Policy for a high-level list of SDKs and links to their policies.
12) Records & Cooperation (IT Rules)
I may retain logs/records reasonably necessary to comply with applicable law and to respond to lawful requests. You agree to cooperate with reasonable verification steps relating to complaints, takedowns, or investigations under the IT Act and IT Rules, 2021.
13) IP/Personality-Rights Takedown & Counter-Notice
If you believe content or an output created using prompts infringes your rights, email photomantraapp@gmail.com with: (a) your contact details; (b) the exact content/location/screenshot; (c) the rights allegedly infringed and basis; (d) supporting documents; (e) a good-faith accuracy statement.
Upon valid notice, I may remove/disable access. If a user believes a removal was mistaken, they may send a counter-notice with details and a good-faith statement. I may restore or keep removed content at my discretion, subject to applicable law and repeat-infringer policies.
14) Service Availability; Suspension, Discontinuation & No Support
I may change, suspend, restrict, or discontinue all or any part of the Service at any time, with or without notice, and without liability to you.
I may throttle features, archive or delete content, limit access to some users/regions/devices, or remove the app from app stores.
I am not obligated to provide support, maintenance, updates, upgrades, backups, or compatibility.
15) Beta / Experimental Features
From time to time, I may offer experimental, preview, or beta features. Such features may be incomplete, change without notice, or be withdrawn. They are provided “as is” and may be subject to additional limits.
16) Disclaimers
THE SERVICE AND PROMPTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I DO NOT WARRANT ACCURACY, SECURITY, OR UNINTERRUPTED OPERATION, OR THAT OUTPUTS WILL MEET YOUR EXPECTATIONS OR BE FREE OF THIRD-PARTY RIGHTS.
17) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR LOSS OF PROFITS/GOODWILL/DATA, ARISING FROM OR RELATED TO: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) CONDUCT OF USERS/THIRD PARTIES; (iii) UNAUTHORIZED USE OF YOUR ACCOUNT/DEVICE; (iv) OUTPUTS GENERATED BY EXTERNAL AI TOOLS, EVEN IF BASED ON MY PROMPTS.
AGGREGATE LIABILITY CAP: IN ALL EVENTS, MY TOTAL LIABILITY TO YOU SHALL NOT EXCEED INR 100 OR THE AMOUNTS YOU PAID ME (IF ANY) IN THE THREE (3) MONTHS PRIOR TO THE EVENT—WHICHEVER IS LOWER.
18) Indemnification
You agree to indemnify and hold harmless me and my agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of: (i) your use of the Service; (ii) your breach of these Terms; or (iii) your violation of law or third-party rights.
19) Content Retention & Deletion
I may, but am not obligated to, retain content or logs for a reasonable period. I may delete or anonymize content or logs at any time, with or without notice, and without liability, except as required by law.
20) Electronic Communications & Notices
You consent to receive communications electronically (in-app messages, notices, emails). Such communications satisfy any legal requirement that communications be in writing.
21) Export Control & Sanctions
You agree not to use, export, or re-export the Service in violation of applicable export control or sanctions laws. You represent you are not located in, under the control of, or a national/resident of any restricted jurisdiction or on any restricted party list.
22) Force Majeure
I will not be liable for any delay or failure to perform due to events beyond my reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet/telecom failures, power outages, or changes in laws/policies of app stores or platform providers.
23) Governing Law & Jurisdiction
These Terms are governed by the laws of India. Courts in Jhargram, West Bengal shall have exclusive jurisdiction, unless otherwise mandated by law. Before filing, you agree to attempt informal resolution by emailing photomantraapp@gmail.com.
24) Limitation Period
Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred, to the fullest extent permitted by law.
25) Changes to Terms
I may modify these Terms. Material changes will be posted in-app or via update notes. Your continued use after the effective date constitutes acceptance.
26) Miscellaneous
Severability: If any provision is invalid, the remainder remains in effect.
No Waiver: Failure to enforce is not a waiver.
Assignment: You may not assign these Terms without consent. I may assign if I later incorporate a company, to an affiliate, or as part of a merger/acquisition/sale of assets.
Entire Agreement: These Terms are the entire agreement regarding the Service.
App-Store Terms: If app-store terms conflict, their mandatory terms apply to the extent required.
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