Terms of Use

These Terms of Use (“Terms”) govern your download, access to, and use of the Image Makers application for iPhone and iPad, including its AI models, paid features, content, and related services (collectively, the “App”).

By downloading, accessing, purchasing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

1. About Image Makers

Image Makers enables users to generate and process images locally on supported Apple devices using compatible artificial-intelligence models.

After a model has been downloaded, image generation is generally performed on your device. Prompts, generation settings, imported images, and generated images are handled as described in our Privacy Policy.

Device compatibility, model compatibility, performance, generation speed, output quality, storage requirements, memory use, energy consumption, and feature availability may vary based on your device, operating system, selected model, and App version.

2. Eligibility

You must be at least 13 years old, or the higher minimum age required in your jurisdiction, to use the App independently.

If you are not legally capable of entering into these Terms, you may use the App only with the authorization and supervision of a parent or legal guardian. The parent or guardian is responsible for the minor’s use of the App.

The App is not intended for anyone prohibited from using it under applicable law.

3. License to use the App

Subject to these Terms, the applicable Apple terms, and any applicable model licenses, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the App on Apple-branded devices that you own or control, as permitted by Apple’s usage rules.

You may not:

• copy, distribute, sell, rent, lease, sublicense, or commercially exploit the App itself;
• circumvent subscriptions, purchase validation, usage limits, security controls, or technical restrictions;
• reverse engineer, decompile, disassemble, modify, or attempt to derive the App’s source code except where applicable law expressly permits it;
• interfere with the App, model catalog, model hosts, purchase systems, advertising systems, or related infrastructure;
• introduce malicious code or use the App to compromise a device or service;
• misrepresent your relationship with Image Makers; or
• use Image Makers trademarks, branding, interface, or other proprietary materials without permission.

This license applies only to the App. Separate terms may apply to AI models, open-source software, and third-party materials made available through or with the App.

4. Local processing and device requirements

AI generation is computationally intensive. The App may require significant device storage, memory, processing capacity, battery power, and model-download bandwidth.

You are responsible for:

• confirming that your device is compatible;
• maintaining sufficient free storage and battery power;
• any mobile-data or internet-provider charges;
• managing downloaded models and locally stored content;
• backing up any content you wish to retain; and
• protecting access to your device and exported files.

Closing or uninstalling the App, deleting a model, clearing App data, changing devices, or updating your operating system may result in loss of locally stored information. We are not responsible for locally stored content that is lost, corrupted, overwritten, or deleted.

5. Third-party AI models

Image Makers may allow you to view, download, or use AI models created, trained, fine-tuned, converted, quantized, or distributed by third parties.

Each model may be subject to one or more separate instruments, including:

• software or model licenses;
• OpenRAIL or similar responsible-AI licenses;
• acceptable-use policies;
• attribution or notice requirements;
• non-commercial or field-of-use restrictions;
• terms applicable to a base model, adapter, fine-tune, or dataset; and
• restrictions imposed by a model author, repository, or hosting provider.

Applicable model information and notices may be provided through the App, the model catalog, accompanying files, a model repository, a Model Licenses page, or another referenced location. Those terms are incorporated into these Terms as they relate to the applicable model.

You must review and comply with the terms applicable to each model you download or use. If a model’s terms impose stricter conditions than these Terms, the stricter model-specific conditions control your use of that model.

The presence of a model in Image Makers does not mean that we:

• created or trained the model;
• own or endorse the model;
• endorse its author or hosting provider;
• guarantee the accuracy of its model card, provenance, training-data description, or licensing information;
• guarantee that every element used during training was authorized in every jurisdiction;
• guarantee that the model is suitable for commercial use; or
• grant rights beyond those provided by the applicable rights holders.

You must not use a model commercially unless its applicable terms allow that use.

6. Changes to models and model availability

Models may be added, updated, replaced, restricted, suspended, or removed at any time, including because of:

• licensing changes or uncertainty;
• a request from a rights holder;
• safety or legal concerns;
• technical incompatibility;
• hosting or bandwidth limitations;
• changes made by a model author or host;
• changes to Apple requirements; or
• discontinuation of a repository or model.

We do not guarantee that any particular model will remain available for download or use. Removal of a model does not necessarily remove a previously downloaded copy from your device. Your continued possession or use of such a copy remains subject to its applicable license and the law.

A subscription or purchase does not guarantee permanent availability of every model, provided that any paid offering continues to deliver the functionality or value required by applicable law and Apple’s rules.

7. Your inputs

“Inputs” include prompts, photographs, images, text, settings, references, and other materials that you provide to or process using the App.

As between you and Image Makers, you retain any rights you already hold in your Inputs. We do not obtain ownership of your Inputs merely because they are processed through the App.

You represent and warrant that you have all rights, permissions, and lawful bases necessary to use your Inputs in the manner you select. In particular, you must not use content in a way that violates another person’s copyright, trademark, privacy, publicity, data-protection, contractual, or other rights.

If your Input depicts or identifies another person, you are responsible for obtaining any consent required for your intended processing, publication, advertising, or commercial use.

Because generation is performed locally, you do not grant us a license to process Inputs on our servers unless a separate optional feature clearly requires transmission and provides the applicable terms or notice.

8. Generated outputs

“Outputs” are images or other results produced through the App in response to your Inputs and settings.

To the extent permitted by applicable law and the applicable model terms, Image Makers does not claim ownership of your Outputs.

However:

• copyright or other protection for AI-generated material differs between jurisdictions;
• an Output may not qualify for intellectual-property protection;
• similar or identical Outputs may be generated for other users;
• an Output may resemble existing people, works, brands, characters, objects, or styles;
• possession of an Output does not establish that you own every right necessary to use it;
• model licenses may impose conditions on Outputs or particular uses; and
• we cannot grant rights owned by model authors, artists, photographers, depicted persons, trademark owners, or other third parties.

You are solely responsible for reviewing an Output and determining whether your intended use is lawful and appropriate, particularly before publishing, selling, advertising, licensing, or otherwise using it commercially.

We do not provide copyright clearance, trademark clearance, rights-of-publicity clearance, or legal advice.

9. Prohibited uses

You must not use the App, any model, Input, or Output to:

• violate any applicable law, regulation, court order, or legally binding restriction;
• infringe or misappropriate intellectual-property, privacy, publicity, contractual, confidentiality, or data-protection rights;
• create, possess, solicit, distribute, or facilitate unlawful or exploitative content involving minors;
• sexualize, exploit, threaten, harass, stalk, bully, defame, or unlawfully discriminate against another person;
• create non-consensual intimate or sexually exploitative images;
• impersonate another person or falsely suggest that generated content is authentic in a manner intended to deceive or cause harm;
• create fraudulent identity documents, evidence, records, credentials, or verification materials;
• facilitate fraud, scams, phishing, extortion, malware, unauthorized surveillance, or other unlawful conduct;
• make decisions about another person in employment, housing, credit, insurance, education, healthcare, law enforcement, immigration, or another high-impact area without appropriate lawful authority and safeguards;
• create deceptive political or public-interest content without disclosures required by law;
• bypass safeguards or use a model contrary to its acceptable-use restrictions;
• violate sanctions, export-control laws, or territorial restrictions; or
• encourage or assist another person in doing any of the above.

We may restrict or discontinue access to models or features when reasonably necessary to address legal, licensing, security, or safety concerns.

Because generation generally occurs locally and we do not receive your prompts or Outputs, we may not be able to monitor or prevent every prohibited use. That does not reduce your responsibility to comply with these Terms and applicable law.

10. AI-generated content disclosures

You are responsible for determining whether an Output must be identified, labelled, marked, watermarked, or otherwise disclosed as AI-generated or manipulated content.

Where required by applicable law, platform rules, advertising standards, professional obligations, or the rights of affected persons, you must provide a clear and appropriate disclosure when publishing or distributing an Output.

You must not remove or circumvent legally required provenance information, content credentials, watermarks, safety markings, or machine-readable disclosures.

11. Advertising

The App may be supported in whole or in part by advertising.

Advertisements may be supplied by third parties and may be contextual or personalized where permitted and where any required consent has been obtained. Advertising practices and related data handling are described in the Privacy Policy and any applicable consent notice.

We do not necessarily endorse advertised products, services, or claims. Your interactions or transactions with an advertiser are between you and that advertiser. We are not responsible for third-party products, services, websites, representations, or transactions except where applicable law provides otherwise.

12. Purchases and subscriptions

The App may offer free functionality, advertising-supported functionality, auto-renewable subscriptions, free trials, introductory offers, consumable purchases, non-consumable purchases, or other options permitted by Apple.

The specific features, price, billing period, trial terms, and other material conditions of an offer will be displayed before purchase. Prices may vary by country, currency, tax treatment, offer, and App Store storefront.

Payments are charged through your Apple ID and processed by Apple. We do not receive your complete payment information.

Auto-renewal

Unless cancelled, an auto-renewable subscription renews automatically for the period shown at purchase. Apple may charge your Apple ID within the period disclosed by Apple before the beginning of the next subscription term.

You can manage or cancel a subscription through your Apple ID subscription settings. Deleting the App does not cancel a subscription.

Cancellation ordinarily takes effect at the end of the then-current paid period. Except where required by law or Apple policy, cancelling does not provide a prorated refund for the unused portion of a billing period.

Free trials and introductory offers

If an offer includes a free trial or introductory period, it will convert to the paid subscription shown at purchase unless cancelled before the trial or introductory period ends.

Eligibility for trials and promotional offers is determined by Apple and may be limited to certain users, regions, or prior subscription histories.

Price changes

Subscription prices may change. Apple will provide any notice or consent required by its rules or applicable law. If you do not agree to a price change, you may cancel before the change takes effect.

Restoring purchases

Where applicable, the App may provide a mechanism to restore eligible purchases associated with your Apple ID. Consumable purchases may not be restorable.

Refunds

Purchases and refunds are administered by Apple under Apple’s policies and applicable law. Refund requests should generally be submitted to Apple. Nothing in these Terms limits any mandatory refund or consumer right.

13. Changes to paid functionality

We may improve, modify, replace, or discontinue features, models, usage limits, advertisements, purchase options, or subscription benefits.

We will not intentionally deprive users of paid access in a manner prohibited by applicable law or Apple’s requirements. If a material change affects an active paid offering, any remedy will be provided as required by applicable law and Apple policy.

No purchase transfers ownership of the App, a model, or any underlying intellectual property.

14. Third-party services

The App may interact with Apple, model repositories, model hosts, content-delivery networks, advertisers, analytics providers, support providers, or other third-party services.

Those services may have their own terms and privacy policies. We do not control and are not responsible for third-party content, availability, security, policies, or conduct, except to the extent responsibility cannot lawfully be excluded.

Links or references to third-party services do not necessarily constitute endorsement.

15. Open-source software and notices

The App may contain open-source software and third-party components governed by separate licenses.

Required copyright, attribution, source-code, and license notices may be provided in the App, accompanying files, a notices page, or another location identified by the App.

To the extent an applicable open-source or third-party license expressly conflicts with these Terms, that license controls solely with respect to the relevant component.

16. Feedback

If you voluntarily provide suggestions, ideas, bug reports, or other feedback concerning the App, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, modify, and incorporate that feedback without restriction or compensation.

This provision does not transfer ownership of your locally generated images or private content.

17. Updates and availability

We may release updates, patches, compatibility changes, or new versions. Certain updates may be necessary for continued operation, security, purchase validation, or compatibility.

We do not guarantee that:

• the App or a particular feature will always be available;
• every model will work on every device;
• an older App version will remain supported;
• a model host will continue serving a file;
• generation will complete successfully; or
• the App will be available in every country or App Store storefront.

We may suspend or discontinue all or part of the App where reasonably necessary, subject to applicable consumer law.

18. No professional or high-risk reliance

The App and its Outputs are not intended to provide medical, legal, financial, engineering, emergency, identity-verification, forensic, or other professional advice or authoritative information.

Outputs may be inaccurate, misleading, incomplete, biased, distorted, or unsuitable for their apparent purpose. Do not rely on an Output as evidence of a real person, object, location, document, or event.

You are responsible for obtaining appropriate professional review before using an Output in any consequential or high-risk context.

19. Disclaimer of warranties

To the maximum extent permitted by applicable law, the App, models, downloads, and Outputs are provided “as is” and “as available.”

We disclaim all express, implied, and statutory warranties, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, availability, and compatibility.

We do not warrant that:

• operation will be uninterrupted, secure, or error-free;
• models or files will always remain available;
• defects will be corrected;
• Outputs will be accurate, unique, lawful, or non-infringing;
• Outputs will qualify for copyright protection;
• any model or Output will be suitable for commercial use; or
• the App will meet your particular expectations.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the extent legally permitted.

20. Limitation of liability

To the maximum extent permitted by applicable law, Image Makers and its owner, developer, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for loss of profits, revenue, business, opportunity, goodwill, data, content, or anticipated savings arising out of or relating to:

• the App or your inability to use it;
• generated Outputs or reliance on them;
• lost or corrupted locally stored content;
• model removal, licensing changes, or third-party services;
• unauthorized access to your device or exported content; or
• your publication, sale, distribution, or other use of an Output.

Where liability cannot be excluded, our aggregate liability arising from the App will not exceed the greater of:

• the amount you paid for the App during the twelve months preceding the event giving rise to the claim; or
• US$50 or its equivalent in local currency.

The limitations in this section do not apply to liability that cannot lawfully be limited, including any mandatory consumer rights or liability for fraud, wilful misconduct, or personal injury where exclusion is prohibited.

21. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Image Makers and its owner, developer, affiliates, licensors, and service providers from third-party claims, damages, liabilities, judgments, costs, and reasonable legal fees arising from:

• your unlawful use of the App;
• your Inputs or Outputs;
• your violation of another person’s rights;
• your violation of an applicable model license; or
• your material breach of these Terms.

This section does not require you to indemnify a party for its own unlawful conduct and does not apply where prohibited by consumer law.

22. Suspension and termination

You may stop using the App at any time. Uninstalling the App does not automatically cancel an active subscription.

We may suspend or terminate access to a model, feature, catalog, download service, or the App where reasonably necessary because of a material breach, security risk, legal requirement, rights-holder request, licensing issue, fraud, abuse, or discontinuation.

Upon termination, the license granted to you under these Terms ends. Provisions that by their nature should survive—including provisions concerning ownership, third-party licenses, Outputs, disclaimers, liability, and disputes—will survive.

Termination does not eliminate obligations arising before termination or automatically cancel subscriptions administered by Apple.

23. Apple-specific terms

Your use of the App is also subject to Apple’s applicable App Store terms and Licensed Application End User License Agreement.

You acknowledge that:

• these Terms are between you and the App’s developer, not Apple;
• Apple is not responsible for providing maintenance or support for the App;
• Apple is not responsible for the App, its models, Outputs, or related claims, except as required by applicable law;
• Apple and its subsidiaries are intended third-party beneficiaries of the provisions applicable to your license to use the App and may enforce those provisions; and
• you must comply with applicable third-party terms when using the App.

If these Terms conflict with mandatory Apple terms concerning distribution or licensing through the App Store, the applicable Apple terms control to the extent of that conflict.

Apple’s standard Licensed Application End User License Agreement is available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

24. Export controls and sanctions

You may not use, export, re-export, transfer, or make the App or models available in violation of applicable export-control, sanctions, or trade laws.

You represent that you are not located in a territory or listed as a person to whom access is prohibited under laws applicable to the App’s distribution.

25. Consumer rights

Nothing in these Terms excludes or limits rights that cannot be waived under the law applicable to you.

If you are a consumer in the European Economic Area, United Kingdom, or another jurisdiction with mandatory consumer protections, you retain all statutory remedies and protections applicable to digital content and services.

A failure to enforce a provision does not waive our right to enforce it later.

26. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which the App’s developer is legally established, excluding its conflict-of-laws rules, except where the mandatory law of your place of residence applies.

Any dispute will be submitted to the competent courts of that jurisdiction, except that consumers may bring claims before any courts available to them under mandatory consumer law.

Before filing a claim, you are encouraged to contact us and provide a reasonable opportunity to resolve the matter informally.

27. Changes to these Terms

We may update these Terms to reflect changes to the App, models, purchases, third-party services, legal requirements, or business practices.

The updated Terms will be published with a revised effective date. Where required by law, we will provide additional notice or request acceptance.

Changes do not retroactively reduce mandatory rights or alter completed purchases contrary to applicable law.

28. Severability

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

29. Entire agreement

These Terms, the Privacy Policy, applicable Apple terms, and applicable model or component licenses constitute the agreement governing your use of the App.

Model-specific terms control only with respect to the model to which they apply.

30. Contact

Questions concerning these Terms may be sent to: the04vit@gmail.com