AImagen - Terms of Use

AImagen - Terms of Use

Last Updated: November 29, 2025

IMPORTANT NOTICE: AI GENERATION DISCLAIMER THIS SERVICE UTILIZES ARTIFICIAL INTELLIGENCE. OUTPUTS ARE GENERATED AUTOMATICALLY AND MAY BE INACCURATE, MISLEADING, OFFENSIVE, OR BIASED. THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE GENERATED CONTENT.

Welcome to AImagen, a mobile application ("Service" or "App") developed and operated by Irem Zeyrek ("we", "us", or "our").

By tapping "Continue" on our welcome screen, accessing the App, or purchasing a subscription, you agree to be bound by these Terms of Use ("Terms"). You acknowledge that you have read and understood our Privacy Policy. If you do not agree to these Terms, you may not access or use the App.

1. Acknowledgement & App Store Terms

These Terms are concluded between you and Irem Zeyrek only, and not with the storefront provider (e.g., Apple Inc., Google LLC).

  • For iOS Users: You and we acknowledge that Apple Inc. ("Apple") is not a party to these Terms. We, not Apple, are solely responsible for the Licensed Application and the content thereof.
  • For Android Users: You agree to comply with the Google Play Terms of Service.

2. Scope of License and Description of Services

The App allows users to generate AI-powered images ("Generated Content") using text prompts and/or by uploading existing photographs ("User-Uploaded Content") for artistic transformation. The Service operates via a cloud backend that connects users to third-party AI providers.

3. Token System, Payments, and Subscriptions

  • Transactions: Tokens are in-app credits used for generating images. All transactions are processed through the respective App Store payment system.
  • Nature of Purchase (Compute Power): By purchasing tokens or subscriptions, you acknowledge that you are paying for the computational power (GPU usage) and technical resources required to process your request, not for a specific artistic outcome.
  • No Free Trial & Immediate Payment: We do not offer a free trial. You acknowledge that this is a paid service and you will be charged the full amount immediately upon confirming your purchase or subscription.
  • Price Disclosure: Subscription and token pricing varies by region and will be clearly displayed inside the App before you confirm your purchase.
  • No Refunds for Subjective Quality: Due to the probabilistic nature of AI, we do not guarantee that the Generated Content will meet your specific artistic taste or expectations. Dissatisfaction with the aesthetic quality, style, artifacts (e.g., distortions), or content of the generated image is NOT a valid reason for a refund.
  • Subscription Token Reset (Use-it-or-Lose-it): If you subscribe to a plan that provides credits on a periodic basis, unused credits do not roll over. Credits reset at the beginning of each billing cycle.
  • Subscriptions & Auto-Renewal (Apple Mandatory Notice):
    • Payment: Charged to iTunes/App Store Account at confirmation of purchase.
    • Renewal: Automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
    • Billing: Account charged for renewal within 24-hours prior to the end of the current period.
    • Management: Manage subscriptions and turn off auto-renewal in Account Settings after purchase.
    • Cancellation: Deleting the App does NOT cancel your subscription.

EU/UK/TR Right of Withdrawal Waiver & Immediate Performance: If you are a consumer located in the European Union, United Kingdom, or Turkey: By clicking "Subscribe", "Buy", or "Purchase", you expressly consent to the immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the download or supply of the digital content (tokens/subscription) has begun. You explicitly waive your 14-day right of withdrawal under local consumer laws (e.g., Turkish Law on Consumer Protection).

4. Eligibility & Age Verification

You must be at least 18 years old to use the App.

  • Verification Right: We reserve the right to request proof of age. If we suspect you are under 18, we will terminate access immediately.
  • Children's Privacy: We do not knowingly collect personal information from children under the age of 13.

5. User Responsibilities and Prohibited Conduct

You are solely responsible for any prompts you submit, any User-Uploaded Content you provide, and the Generated Content you create. You agree NOT to use the App to:

  • a) Prohibited Content (Zero Tolerance): Generate, share, or upload content that is illegal, harmful, hateful, defamatory, obscene, pornographic, violent, or infringing on third-party rights. Strictly Prohibited: You are strictly prohibited from generating or uploading content that depicts:
    • (i) Child Sexual Abuse Material (CSAM);
    • (ii) Non-consensual sexual content (including "deepfakes" or nude depictions of real people without their explicit consent);
    • (iii) Promotion of self-harm, suicide, or eating disorders;
    • (iv) Realistic depictions of public figures in compromising situations.
    • We strictly enforce a Zero Tolerance Policy. Violators will be permanently banned.
  • b) Technical Restrictions: Reverse-engineer, decompile, or use bots/scrapers to access the Service.

6. Content Moderation & User Generated Content (UGC)

To comply with Apple App Store Review Guidelines and ensure a safe environment:

  • Filtering: We employ advanced AI-based content filtering systems designed to block the generation of harmful, illegal, or sexually explicit content before it is displayed to the user.
  • Reporting Mechanism: Users can flag objectionable content or abusive users directly within the App via the "Report" feature.
  • Action Timeframe: We guarantee to review all reported content and take appropriate action (including removing content and banning users) within 24 hours.
  • Blocking: You have the ability to block abusive users instantly within the interface.

7. Intellectual Property and Content Ownership

  • a) Your Content: You retain ownership of your original prompts and User-Uploaded Content.
  • b) Rights to Generated Content (Personal Use Only): Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Generated Content solely for your personal, non-commercial purposes (e.g., sharing on personal social media, saving to device, printing for home use). Strictly Prohibited (No Commercial Use): You may NOT use the Generated Content for any commercial purpose, including but not limited to: selling the images, licensing them, using them in advertising/marketing materials, minting them as NFTs, or incorporating them into products for sale.
  • c) License to Us: You grant us a worldwide, royalty-free license to use your User-Uploaded Content and Generated Content solely for the purposes of operating the Service and improving our AI models/features.
  • d) IP Infringement: You are solely responsible for ensuring your content does not infringe third-party IP rights. We, not the App Store Provider, are responsible for addressing IP claims.
  • e) AI Training Data Disclaimer: We (Irem Zeyrek) DO NOT use your User-Uploaded Content to train our own artificial intelligence models. However, you acknowledge that your content is processed by third-party AI providers (e.g., OpenAI, Replicate) to fulfill your request.

8. User Feedback

Any feedback you provide may be used by us without restriction or compensation.

9. Copyright Complaint Policy (DMCA)

If you believe content on the Service infringes your copyright, please send a notice to irem.zeyrek@icloud.com containing standard DMCA elements (signature, identification of work, contact info, statement of good faith). We adhere to the DMCA notice and takedown procedures.

10. No Endorsement

Generated Content does not reflect our views. We do not endorse any content created by users.

11. Data Storage and Loss

The Service is not a backup service. We do not guarantee the retention of your data. Deleting the App may result in the permanent deletion of your Generated Content gallery.

12. Termination

We may suspend or terminate your access at any time for any breach of these Terms. No refunds will be issued upon termination for breach of Terms.

13. Service Availability

We reserve the right to modify or discontinue the Service at any time. We do not guarantee the uptime or accuracy of third-party AI models.

14. WARRANTY DISCLAIMERS & LIMITATION OF LIABILITY

  • a) WARRANTY DISCLAIMER (AI SHIELD): THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.
  • b) AI Limitations & Hallucinations: You acknowledge that AI systems are probabilistic.
    • (i) Hallucinations: Content may be inaccurate or fabricated.
    • (ii) Safety Warning: You acknowledge that the Service may generate content that you may find offensive.
    • (iii) Unintended Likeness: AI outputs may unintentionally resemble real individuals. Any such resemblance is purely coincidental.
    • (iv) Artistic Purpose Only (No Medical Use): The Service is an AI-powered image editor designed solely for artistic and entertainment purposes. It does NOT provide medical analysis or diagnostic results. Processing a photo of a physical condition (e.g., skin rash) through the App creates a synthetic artistic alteration and does not reflect reality or medical improvement. Do not rely on visual outputs for health decisions.
  • c) NO FACE RECOGNITION (Biometric Disclaimer): The App does not collect, store, share, or create "biometric identifiers" (such as faceprints) as defined under the Illinois BIPA or similar laws. Photos are processed transiently solely for the purpose of artistic rendering.
  • d) LIMITATION OF LIABILITY: IN NO EVENT SHALL IREM ZEYREK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless Irem Zeyrek from any claims, damages, or expenses (including legal fees) arising from your use of the Service or violation of these Terms.

16. Legal, Export, and Sanctions Compliance

You represent that you are not located in a U.S-embargoed country or on any U.S. Government list of prohibited parties.

17. Third-Party Terms Compliance

By using the App, you agree to be bound by the applicable terms of our third-party providers.

18. Privacy Policy

Your use of the App is governed by our Privacy Policy. You must read and agree to the Privacy Policy before using the service.

19. GOVERNING LAW AND DISPUTE RESOLUTION

  • 19.1. For Users Outside the US: Governed by the laws of the Republic of Turkey. Exclusive jurisdiction: Courts of Izmir, Turkey.
  • 19.2. For Users in the US (MANDATORY ARBITRATION & CLASS ACTION WAIVER):
    • Arbitration: Any dispute shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA). You waive your right to a jury trial.
    • Class Action Waiver: YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.
    • Opt-Out: You may opt-out by sending a written notice to irem.zeyrek@icloud.com within 30 days of first accepting these Terms.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via the App.

28. Contact Us & Data Controller

For any questions, complaints, or claims with respect to the Licensed Application, please contact:

Irem Zeyrek
Izmir, Turkey
Email: irem.zeyrek@icloud.com

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