Terms of Service

Effective Date: September 18, 2025

1. Acceptance of Terms

By downloading, installing, accessing, or using any of our AI image editing services, including the mobile application ("Mobile App"), web application at createprofilepic.com ("Web App"), or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services.

2. Description of Service

Our AI-powered image editing platform allows users to:

• Upload and edit images using artificial intelligence powered by Google Gemini
• Apply various modifications and enhancements to photos through text commands
• Mix and combine multiple images together
• Generate professional profile pictures for social media and business use
• Create LinkedIn headshots, Instagram photos, and other social media content
• Save, download, and share edited images
• Purchase tokens for AI image processing features
• Access services through both mobile and web applications

3. User Accounts

3.1 Account Creation

• You must create an account using Google Sign-In to access the Services
• You must provide accurate and complete information
• You are responsible for maintaining the security of your account
• You must be at least 13 years old to use the Services
• One account per person; multiple accounts are prohibited

3.2 Account Responsibilities

• You are responsible for all activities under your account
• You must notify us immediately of any unauthorized use
• We reserve the right to suspend or terminate accounts that violate these Terms
• You must not share your account credentials with others
• You must keep your contact information current and accurate

4. Acceptable Use

4.1 Permitted Uses

You may use the Services for lawful purposes only, including:

• Personal image editing and enhancement
• Creating content for social media profiles (Instagram, TikTok, LinkedIn, etc.)
• Professional headshot creation for business use
• Educational or artistic projects
• Creating profile pictures for dating apps and social platforms
• Commercial use of your own generated content

4.2 Prohibited Uses

You may NOT use the Services to:

• Upload, edit, or create illegal, harmful, or offensive content
• Violate any intellectual property rights
• Create deepfakes or misleading content without proper disclosure
• Upload images containing nudity, violence, or inappropriate content
• Harass, threaten, or harm others
• Attempt to reverse engineer, hack, or circumvent our security measures
• Upload copyrighted material without proper authorization
• Create content that violates platform policies of social media sites
• Generate content for spam, fraud, or deceptive purposes
• Use automated tools or bots to access the Services
• Resell or redistribute our AI processing capabilities

5. Content and Intellectual Property

5.1 Your Content

• You retain ownership of images you upload
• You grant us a limited license to process your images for the purpose of providing our services
• You represent that you have the right to upload and edit all content you submit
• You are responsible for ensuring your content doesn't violate third-party rights

5.2 Our Content

• The App, including its design, features, and AI models, is our intellectual property
• You may not copy, modify, or distribute our proprietary technology
• Generated images become your property, but we retain rights to our underlying technology

5.3 AI-Generated Content

• AI-generated modifications are created using our proprietary algorithms
• While you own the final edited images, we are not responsible for any copyright issues that may arise
• You should verify that AI-generated content complies with applicable laws and regulations

6. Token System and Payments

6.1 Token Purchase

• AI image processing features require tokens, which can be purchased through in-app purchases
• Current pricing: 7 tokens for $1 USD (subject to change with notice)
• Token purchases are final and non-refundable except as required by law
• Tokens do not expire but may become invalid if your account is terminated
• New users receive 4 free tokens to start
• Prices and token allocations are subject to change with 30 days notice

6.2 Payment Processing

• Payments are processed securely through your device's app store
• You agree to provide accurate payment information
• You authorize us to charge your payment method for token purchases
• We are not responsible for payment processing errors by third parties
• All transactions are in USD unless otherwise specified
• You are responsible for any applicable taxes or fees

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy. Key points include:

• We use Google Sign-In for authentication
• Images are stored securely in Firebase Cloud Storage
• We use Google Gemini AI for image processing
• Payment data is handled by your app store (Apple App Store or Google Play Store)
• We comply with GDPR, CCPA, and other applicable privacy laws

8. Service Availability

8.1 Availability

• We strive to maintain high service availability but cannot guarantee 100% uptime
• The service may be temporarily unavailable for maintenance or updates
• We reserve the right to modify or discontinue features with notice

8.2 Third-Party Services

• The Services rely on third-party services including Firebase, Google Cloud, Google Gemini AI, and your device's app store
• We are not responsible for third-party service interruptions or changes
• Changes to third-party services may affect Service functionality
• We may update or change third-party integrations with notice when possible

9. Disclaimers and Limitations

9.1 Service Disclaimer

9.2 Limitation of Liability

9.3 AI Technology Limitations

• AI-generated content may not always meet your expectations or requirements
• We do not guarantee the accuracy, quality, or suitability of AI modifications
• Results may vary significantly based on input images, prompts, and AI model performance
• AI technology is evolving and may produce unexpected or unintended results
• Generated content should be reviewed before use in professional or commercial contexts

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of third-party rights
• Content you upload or create using the Services
• Your commercial use of generated content
• Any misrepresentation of AI-generated content as non-AI created

11. Termination

11.1 Termination by You

You may delete your account at any time by contacting us or using in-app options.

11.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent activity
• Abuse the service or other users
• Fail to pay for services

11.3 Effect of Termination

Upon termination:

• Your access to the App will cease
• Your data may be deleted after a reasonable period
• Unused tokens will be forfeited
• These Terms will survive termination where applicable

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes through the Services, by email, or through other reasonable means. Continued use of the Services after changes constitutes acceptance of the new Terms. We will provide at least 30 days notice for material changes.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, or in the state or federal courts located in Delaware.

14. Contact Information

If you have questions about these Terms, please contact us at:

• Email: exonary.build@gmail.com
• Website: https://createprofilepic.com
• Business Address: Available upon request for legal purposes

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services.

17. Additional Provisions

17.1 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

17.2 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

17.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.