Privacy Policy

1. Introduction

Welcome to AI Photo and Video Generator (“we,” “our,” “us,” or “the Company”), operated by AI Photo and Video Generator LLC. We are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our AI photo and video generation iOS application, our website at createphotosai.com, and any related services (collectively, the “Service”).

Our Service is designed for users aged 13 and older. We do not permit or produce explicit, NSFW, or adult content of any kind. Any content that violates our content policies is subject to our Terms of Service.

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not access or use the Service. We encourage you to review this policy periodically to stay informed about how we are protecting your information.

2. Information We Collect

We collect several types of information to provide, maintain, and improve our Service. The information we collect depends on how you interact with us.

2.1 Personal Information

We may collect personal information that you voluntarily provide when you create an account, make a purchase, or interact with our Service, including but not limited to:

• Name and contact information (such as your email address)
• Account credentials (username, password, or authentication tokens)
• Profile information (such as a display name or avatar)
• Payment and billing information (processed securely through third-party payment processors such as Apple In-App Purchase; we do not store your full credit card number)
• Communications you send to us, including support requests, feedback, and survey responses
• Photos or images you upload for AI processing

2.2 Usage Data

We automatically collect certain usage information when you access or use our Service:

• Features used, actions taken, and frequency of use within the app
• Prompts and text inputs submitted for AI generation (to process your request and improve the Service)
• Generation parameters and settings you select
• Log data, including access times, pages or screens viewed, and referring URLs
• Interaction data such as taps, scrolls, and navigation paths
• Error logs and crash reports

2.3 Device Information

When you use our Service, we may collect information about the device you are using, including:

• Device type, model, and manufacturer
• Operating system and version
• Unique device identifiers (such as IDFA or IDFV)
• IP address and approximate geographic location derived from IP
• Browser type and version (for web access)
• Screen resolution and display settings
• Language and timezone settings
• Network information (Wi-Fi or cellular connection type)

2.4 AI-Generated Content Metadata

When you generate photos or videos using our AI features, we may collect and store metadata associated with the generated content, including:

• The text prompts and parameters used to generate content
• Timestamps of when content was generated
• The AI model version used for generation
• Generation settings such as style, resolution, and aspect ratio
• Content moderation flags and safety classification results
• Unique identifiers assigned to generated content for tracking and support purposes

2.5 Face Data and Biometric Information

Our app may process photos that contain faces as part of AI photo generation, enhancement, and style transfer features. This section explains how we handle face data:

• What face data is collected: When you upload a photo containing a face, the image (including any facial features depicted) is transmitted to our third-party AI API provider solely for the purpose of processing your generation or enhancement request. We do not extract, collect, or store facial geometry, faceprints, facial recognition templates, or any biometric identifiers.
• How face data is used: Face data contained in uploaded photos is used exclusively to fulfill your specific AI generation or enhancement request (e.g., style transfer, photo enhancement, AI image generation). The uploaded image data is sent to our AI API provider for processing and is not used for facial recognition, identification, or any purpose other than completing your requested generation.
• Third-party sharing: Face data is transmitted to our third-party AI API provider solely for the purpose of processing your request. We do not sell, share, license, or otherwise disclose face data to any other third parties. Our AI API provider processes the data under contractual obligations and does not retain it beyond the processing session.
• Storage and retention: We do not store face data on our servers. Photos containing faces are transmitted directly to our AI API provider for real-time processing. Once the AI generation or enhancement is complete and the result is delivered to your device, the uploaded photo data (including any face data) is not retained by us. Our AI API provider does not retain uploaded images after processing is complete.
• No biometric data collection: We do not collect, use, or store biometric identifiers or biometric information as defined by applicable biometric privacy laws (including the Illinois Biometric Information Privacy Act, Texas Business and Commerce Code Chapter 503, Washington Revised Code 19.375, and similar laws). No facial geometry scans, faceprints, or biometric templates are created, stored, or used by our Service.

2.6 Information from Third Parties

We may receive information about you from third-party sources, including:

• Authentication and single sign-on services (such as Sign in with Apple, Google, or Facebook) when you choose to link your account
• Analytics providers that help us understand app usage patterns
• Advertising and attribution partners that help us measure the effectiveness of our marketing campaigns
• Apple App Store data related to your subscription and purchase history with our app
• Public databases or data brokers for fraud prevention and identity verification purposes

3. How We Use Your Information

We use the information we collect for the following purposes:

3.1 Service Delivery

• To provide, operate, and maintain our AI photo and video generation features
• To process your generation requests and deliver AI-generated content
• To create and manage your user account
• To process transactions and manage subscriptions
• To provide customer support and respond to your inquiries
• To send service-related communications, including technical notices, updates, and security alerts

3.2 AI Model Improvement

• To train, improve, and refine our AI models for higher-quality photo and video generation
• To analyze generation patterns and optimize processing efficiency
• To develop new features, tools, and creative capabilities
• To improve content safety and moderation systems

3.3 Personalization

• To customize and personalize your experience within the Service
• To recommend features, templates, or styles based on your usage history
• To remember your preferences and generation settings

3.4 Security and Safety

• To detect, prevent, and address fraud, abuse, security incidents, and technical issues
• To enforce our Terms of Service and content policies, including the prohibition of explicit and NSFW content
• To monitor for and prevent unauthorized access to accounts and systems
• To verify user identity where necessary

3.5 Legal Compliance

• To comply with applicable laws, regulations, legal processes, and governmental requests
• To establish, exercise, or defend legal claims
• To protect the rights, property, and safety of our Company, our users, and the public

3.6 Marketing (With Consent)

• To send promotional emails, push notifications, or in-app messages about new features, offers, or updates (only with your prior consent)
• To measure the effectiveness of our marketing campaigns
• You may opt out of marketing communications at any time by following the unsubscribe instructions in any promotional message or by contacting us directly

4. How We Share Your Information

We do not sell your personal information. We may share your information only in the following circumstances:

4.1 Service Providers

We share information with trusted third-party service providers who perform services on our behalf, subject to contractual obligations to protect your data. These include:

• Cloud hosting and infrastructure providers (for data storage and processing)
• AI and machine learning service providers (for content generation processing)
• Payment processors (for subscription and transaction processing)
• Analytics services (for understanding usage and improving the Service)
• Customer support platforms (for managing support requests)
• Email and notification delivery services
• Content moderation and safety tools

4.2 Legal Requirements

We may disclose your information if required to do so by law, or in the good-faith belief that such action is necessary to: (a) comply with a legal obligation, court order, subpoena, or governmental request; (b) protect and defend the rights or property of AI Photo and Video Generator LLC; (c) prevent or investigate possible wrongdoing in connection with the Service; (d) protect the personal safety of users of the Service or the public; or (e) protect against legal liability.

4.3 Business Transfers

In the event of a merger, acquisition, reorganization, bankruptcy, dissolution, sale of all or a portion of our assets, or similar transaction, your personal information may be transferred to the acquiring entity or successor. We will provide notice before your personal information becomes subject to a different privacy policy.

4.4 With Your Consent

We may share your information with third parties when you have given us your explicit consent to do so, or at your direction. For example, if you choose to share your generated content through integrated sharing features.

4.5 Aggregated or De-Identified Data

We may share aggregated or de-identified information that cannot reasonably be used to identify you. For example, we may share statistics about general usage patterns or generation trends with partners or the public.

5. Data Retention

We retain your personal information for as long as is reasonably necessary to fulfill the purposes for which it was collected, as outlined in this Privacy Policy. Specific retention practices include:

• Account information: Retained for as long as your account is active, and for a reasonable period afterward to comply with legal obligations, resolve disputes, and enforce our agreements.
• Generation prompts and metadata: Retained to improve our AI models and for service quality purposes. Prompts may be retained in anonymized or aggregated form even after account deletion.
• AI-generated content: Generated photos and videos are primarily stored on your device. Server-side copies used for processing are deleted after generation is complete, except as needed for content moderation review.
• Usage and log data: Typically retained for up to 24 months, after which it is deleted or anonymized.
• Payment records: Retained as required by applicable tax and financial regulations.
• Content moderation records: Records of content moderation actions, including flagged content, may be retained for safety and compliance purposes.

You may request deletion of your personal data at any time by contacting us at team@createphotosai.com. We will process your request in accordance with applicable law, though certain data may be retained as required by law or for legitimate business purposes.

6. Data Security

We take the security of your personal information seriously and implement appropriate technical, administrative, and physical safeguards to protect it against unauthorized access, alteration, disclosure, or destruction. Our security measures include:

• Encryption: Data is encrypted in transit using TLS/SSL protocols and at rest using industry-standard encryption algorithms.
• Local storage: Generated photos and videos are stored locally on your device whenever possible, minimizing server-side exposure.
• Access controls: Strict role-based access controls and multi-factor authentication for internal systems limit who can access your data.
• Infrastructure security: Our cloud infrastructure is hosted with providers that maintain SOC 2, ISO 27001, and other industry-recognized security certifications.
• Regular audits: We conduct regular security assessments, vulnerability scans, and penetration testing to identify and address potential threats.
• Incident response: We maintain an incident response plan to promptly detect, contain, and remediate security breaches, and to notify affected users and authorities as required by law.
• Employee training: Our team receives regular training on data protection, privacy best practices, and security awareness.
• Secure development: We follow secure coding practices and conduct code reviews to minimize vulnerabilities in our software.

Despite our efforts, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot guarantee its absolute security. If you become aware of any unauthorized access to your account, please contact us immediately.

7. Your Rights and Choices

Depending on your location and applicable law, you may have the following rights regarding your personal information:

• Right of Access: You may request a copy of the personal information we hold about you, including the categories of data collected, the purposes for processing, and the third parties with whom it has been shared.
• Right to Correction: You may request that we correct any inaccurate or incomplete personal information we hold about you.
• Right to Deletion: You may request that we delete your personal information, subject to certain exceptions (such as data we are required to retain by law or for legitimate business purposes).
• Right to Data Portability: You may request a copy of your personal information in a structured, commonly used, and machine-readable format, and have the right to transmit that data to another controller.
• Right to Object: You may object to the processing of your personal information where we rely on legitimate interests as the legal basis, and we will assess whether our interests override your rights.
• Right to Restrict Processing: You may request that we restrict the processing of your personal information under certain circumstances, such as when you contest the accuracy of the data or object to processing.
• Right to Withdraw Consent: Where we rely on your consent to process personal information, you may withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing that occurred before the withdrawal.
• Right to Lodge a Complaint: You have the right to lodge a complaint with a supervisory authority in your jurisdiction if you believe our processing of your personal information violates applicable law.

To exercise any of these rights, please contact us at team@createphotosai.com. We will respond to your request within the timeframes required by applicable law (typically within 30 days). We may need to verify your identity before processing your request. We will not discriminate against you for exercising any of your privacy rights.

8. Cookies and Tracking Technologies

We use cookies and similar tracking technologies to collect and track information about your use of our Service. Cookies are small data files stored on your device that help us improve your experience.

We use the following types of cookies and tracking technologies:

• Strictly necessary cookies: Required for the Service to function properly, including authentication, security, and session management. These cannot be disabled.
• Analytics and performance cookies: Help us understand how visitors interact with our Service, which pages are most popular, and where errors occur. We may use tools such as Google Analytics or similar services.
• Functionality and preference cookies: Remember your preferences, settings, and choices to provide a personalized experience.
• Marketing and advertising cookies: Used to track browsing activity across sites and deliver relevant advertising. These are only used with your consent where required by law.

Managing cookies: You can control and manage cookies through your browser settings. Most browsers allow you to refuse or delete cookies. You may also be able to manage preferences through our cookie consent banner (where applicable). Please note that disabling certain cookies may affect the functionality of the Service.

Do Not Track: Some browsers offer a “Do Not Track” (DNT) signal. There is currently no industry-standard for handling DNT signals. At this time, we do not respond to DNT signals, but we continue to monitor developments in this area.

Mobile tracking: Within our iOS app, we may use Apple’s AppTrackingTransparency framework and will request your permission before tracking your activity across other companies’ apps and websites, in accordance with Apple’s App Store policies.

9. Children’s Privacy

Our Service is rated 13+ and is not directed to children under the age of 13 (or the minimum digital consent age in your jurisdiction, such as 16 in certain EU member states). We do not knowingly collect, solicit, or maintain personal information from children under 13.

If we learn that we have collected personal information from a child under the age of 13 without verification of parental consent, we will take steps to promptly delete that information from our servers. If you are a parent or guardian and believe that your child under 13 has provided us with personal information, please contact us immediately at team@createphotosai.com so that we can take appropriate action.

Users between the ages of 13 and 18 (or the age of majority in their jurisdiction) should review this Privacy Policy with a parent or guardian to ensure they understand it. By using the Service, users aged 13 to 17 represent that they have obtained consent from a parent or guardian.

10. International Data Transfers

AI Photo and Video Generator LLC is based in the United States. Your information may be transferred to, stored, and processed in the United States or other countries where our service providers operate. These countries may have data protection laws that differ from those in your jurisdiction.

If you are located outside the United States (including in the European Economic Area, United Kingdom, or Switzerland), please be aware that the information you provide may be transferred to and processed in the United States. By using the Service, you consent to this transfer.

We take appropriate safeguards to ensure that your personal information remains protected in accordance with this Privacy Policy when transferred internationally. These safeguards may include:

• Standard contractual clauses approved by the European Commission
• Data processing agreements with our service providers that include adequate data protection commitments
• Transfers to countries recognized as providing an adequate level of data protection
• Other legally recognized transfer mechanisms as appropriate

11. Third-Party Links

Our Service may contain links to third-party websites, services, or applications that are not operated or controlled by us. This Privacy Policy does not apply to third-party services. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

We strongly encourage you to review the privacy policy of every third-party site you visit or service you use. Any information you provide to third parties is governed by their respective privacy policies, not ours. We are not responsible for the data collection and use practices of any third party.

12. California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have specific rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA):

• Right to Know: You have the right to request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources from which the information was collected, the business or commercial purpose for collecting or selling the information, and the categories of third parties with whom we share the information.
• Right to Delete: You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions.
• Right to Correct: You have the right to request that we correct any inaccurate personal information we maintain about you.
• Right to Opt-Out of Sale or Sharing: You have the right to opt out of the sale or sharing of your personal information. We do not sell your personal information as defined under the CCPA/CPRA.
• Right to Limit Use of Sensitive Personal Information: You have the right to limit the use and disclosure of sensitive personal information to only what is necessary to provide the Service.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights. We will not deny you goods or services, charge different prices, provide a different quality of service, or suggest that you may receive a different level of service for exercising your rights.

Categories of personal information collected: In the preceding 12 months, we may have collected the following categories of personal information: identifiers (name, email, IP address, device identifiers), commercial information (purchase and subscription history), internet or electronic network activity (usage data, browsing history within the Service), geolocation data (approximate location from IP), audio/visual information (photos uploaded for AI processing), and inferences drawn from the above.

Sale of personal information: We do not sell your personal information to third parties as defined under the CCPA/CPRA, and we have not done so in the preceding 12 months.

To exercise your California privacy rights, please contact us at team@createphotosai.com. We will verify your identity before processing your request and respond within 45 days, as required by law. You may designate an authorized agent to make a request on your behalf.

13. GDPR Compliance

If you are located in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, you have data protection rights under the General Data Protection Regulation (GDPR) and equivalent local legislation. AI Photo and Video Generator LLC acts as the data controller for the personal information we collect through the Service.

13.1 Legal Bases for Processing

We process your personal information only when we have a valid legal basis to do so, including:

• Contract performance: Processing necessary to fulfill our contractual obligations to you, such as providing the Service, processing your generations, and managing your account.
• Legitimate interests: Processing necessary for our legitimate business interests, such as improving the Service, preventing fraud, and ensuring security, provided these interests do not override your fundamental rights and freedoms.
• Legal compliance: Processing necessary to comply with a legal obligation to which we are subject.
• Consent: Where you have given us explicit consent to process your personal information for a specific purpose, such as marketing communications. You may withdraw your consent at any time.

13.2 Your GDPR Rights

Under the GDPR, you have the right to access, rectify, erase, restrict processing, data portability, and object to processing of your personal data. You also have the right to lodge a complaint with your local data protection authority. For a full list of your rights, see Section 7 above.

13.3 Data Protection Officer

If you have questions or concerns about our data protection practices, or if you wish to exercise your GDPR rights, please contact us at team@createphotosai.com. We will respond to your request within 30 days.

14. AI-Generated Content Data

Our Service uses artificial intelligence to generate photos and videos based on your inputs. This section explains how we handle data related to AI-generated content.

14.1 How Generated Content Is Handled

• Generation process: When you submit a prompt or upload a photo for AI processing, your input is transmitted to our servers (or our third-party AI service providers’ servers) where the AI model processes the request and generates the resulting photo or video.
• Server-side processing: During generation, your input data (text prompts, uploaded images, and selected parameters) is processed server-side. This data is used solely to fulfill your generation request and may be temporarily cached to improve performance.
• Local storage: Once generated, photos and videos are delivered to your device and stored locally in your device’s storage or photo library. We encourage you to manage your local content according to your own preferences.
• Server-side retention: Server-side copies of generated content are typically deleted after the content has been successfully delivered to your device. Temporary copies may be retained for a limited period for caching, error recovery, or content moderation purposes.

14.2 What Is Processed Server-Side

• Text prompts and generation parameters are sent to our servers to execute the AI generation request.
• Uploaded photos (for image-to-image generation, face training, or style transfer) are transmitted and processed server-side, then deleted from our active servers after processing is complete.
• Metadata about the generation (timestamp, model used, settings) may be retained for analytics and service improvement.
• Prompts may be used in anonymized or aggregated form to improve the quality and safety of our AI models.

14.3 User-Uploaded Photos for AI Training

If you upload photos to train a personalized AI model (for example, to generate images in your likeness), those photos are processed on our servers for the duration of the training process. After training is complete, uploaded source photos are deleted from active servers within a reasonable timeframe. Trained model data may be retained on our servers for as long as your account is active so that you can continue generating content. You may request deletion of your trained model data at any time by contacting us.

15. Third-Party AI Providers

Yes, our app implements third-party AI to provide AI functionality. We use third-party artificial intelligence API services to power our photo and video generation, enhancement, style transfer, and background removal features.

15.1 How Third-Party AI Is Used

• User inputs (text prompts, uploaded photos, and generation parameters) are transmitted to third-party AI API providers for processing.
• The third-party AI processes the request and returns the generated or enhanced content to our servers, which then delivers it to your device.
• We do not use on-device AI models for core generation features; all AI processing is performed server-side via third-party APIs.

15.2 Data Handling by AI Providers

• Third-party AI providers process user data solely to fulfill generation requests and do not retain uploaded images or inputs beyond the processing session.
• We select AI providers that maintain appropriate data protection and security practices.
• User data sent to AI providers is not used to train their general-purpose AI models without your consent.
• We may change AI providers at any time; such changes do not affect how your personal data is protected under this Privacy Policy.

16. Content Moderation Data

We are committed to maintaining a safe and responsible platform. We employ content moderation systems to enforce our content policies and prevent the generation of prohibited content.

16.1 How Content Moderation Works

• Automated detection: We use automated systems (including AI-based classifiers and keyword filtering) to scan text prompts and generated content for prohibited material, including but not limited to explicit, NSFW, violent, hateful, or otherwise harmful content.
• Pre-generation filtering: Prompts are analyzed before generation begins. Prompts that are flagged as likely to produce prohibited content may be blocked, and the generation request may be declined.
• Post-generation review: Generated content may be scanned after creation to detect prohibited material that was not caught by pre-generation filters. Content that violates our policies may be automatically removed or flagged for manual review.
• Human review: In certain cases, flagged content or prompts may be reviewed by trained human moderators to make final determinations. Human reviewers are bound by strict confidentiality and data handling obligations.

16.2 Prohibited Content and Enforcement

Explicit, NSFW, and adult content is strictly banned on our platform. Any attempt to generate, distribute, or share such content through our Service is a violation of our Terms of Service. Detected violations may result in:

• Immediate removal or blocking of the prohibited content
• Warnings, temporary suspension, or permanent termination of your account
• Reporting to law enforcement where required by law (for example, in cases of child sexual abuse material, or CSAM)
• Retention of moderation records for safety, legal, and compliance purposes

16.3 Content Moderation Data Retention

Records of content moderation actions (such as flagged prompts, moderation decisions, and enforcement actions) may be retained for as long as necessary to ensure platform safety, comply with legal obligations, defend against legal claims, and improve our moderation systems. This data is handled with strict access controls and confidentiality measures.

17. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will:

• Post the updated Privacy Policy on this page with a revised “Last Updated” date
• Notify you by email or through an in-app notification if the changes are significant
• Where required by law, obtain your consent to the updated terms before they take effect

We encourage you to review this Privacy Policy periodically to stay informed about how we protect your information. Your continued use of the Service after any changes to this Privacy Policy constitutes your acceptance of the updated terms.

18. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us:

We aim to respond to all privacy-related inquiries within 30 days. If you are not satisfied with our response, you may have the right to lodge a complaint with your local data protection authority.