Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and AI Photo and Video Generator LLC (“Company,” “we,” “us,” or “our”) concerning your access to and use of the AI Photo and Video Generator application and related services (collectively, the “App” or “Service”). AI Photo and Video Generator LLC is a Wyoming limited liability company with its principal place of business at 30 N Gould St, Ste N, Sheridan, WY 82801, and operates the website located at createphotosai.com.

By downloading, installing, accessing, or using AI Photo and Video Generator, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately uninstall the App and discontinue all use of the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, subscribers, and contributors of content. You agree that by using the Service, you are entering into a legally binding contract with us and that these Terms affect your legal rights and obligations.

2. Eligibility

2.1 Age Requirement

You must be at least 13 years of age (or the minimum age required in your jurisdiction, whichever is higher) to download, access, or use AI Photo and Video Generator. The App is rated 13+ and is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that a child under 13 has provided us with personal information, we will take immediate steps to delete such information and terminate any associated account.

2.2 Parental Consent for Minors

If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the express consent and ongoing supervision of a parent or legal guardian. By allowing a minor to use the Service, the parent or legal guardian agrees to these Terms on behalf of the minor and accepts full responsibility for the minor’s use of the Service, including any content generated, financial obligations, and compliance with these Terms.

2.3 Account Responsibility

By using the App, you represent and warrant that:

• You meet the minimum age requirement for your jurisdiction
• If you are a minor, you have obtained verifiable parental or guardian consent
• You have the legal capacity to enter into these Terms
• You will not permit unauthorized individuals to access the App through your device or account
• You will use the Service in compliance with all applicable laws and regulations
• All information you provide to us is truthful, accurate, and complete
• You are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country

2.4 Parental Responsibility

If you are a parent or guardian permitting a minor to use the Service, you are fully responsible for monitoring and supervising your child’s use of the Service, including all content they generate and how they use that content. We recommend using device parental controls and Screen Time restrictions available on iOS devices to manage app usage. You acknowledge that while we implement content safety measures, no automated system is perfect, and parental oversight remains essential.

3. Nature of the Service

3.1 AI-Powered Photo and Video Generation

AI Photo and Video Generator provides AI-powered tools for generating, editing, and enhancing photos and videos. The Service is an iOS application available through the Apple App Store. Features include but are not limited to:

• AI Image Generation: Creating original images from text prompts and other inputs using artificial intelligence
• AI Video Creation: Generating video content using AI-powered tools
• Style Transfer: Applying artistic styles and visual transformations to existing photos and images
• Background Removal: Automatically detecting and removing backgrounds from photos
• Photo Enhancement: Improving image quality, resolution, lighting, and other visual attributes using AI
• Other AI-powered creative tools as may be added from time to time

The Service is intended exclusively for creative and productive use. We reserve the right to add, modify, or discontinue any feature or functionality at any time without prior notice.

3.2 Third-Party AI Providers

Our Service utilizes third-party artificial intelligence API providers and machine learning models to generate images and videos. These providers include various AI model services that may change over time. By using the App, you acknowledge and agree that:

• AI-generated content is produced by third-party API services, not directly by us
• We do not have complete control over AI-generated outputs and cannot guarantee specific results
• AI content quality, style, and availability may vary based on third-party service performance and model updates
• Third-party providers may have their own terms of service, acceptable use policies, and content restrictions that also apply to content generated through our Service
• We may change third-party providers at any time without notice, which may affect the quality, style, or characteristics of generated content
• User prompts and inputs may be transmitted to third-party AI providers for processing

3.3 Generated Content Disclaimer

You acknowledge and agree that:

• All AI-generated images and videos are synthetic and do not constitute real photographs or footage
• Generated content does not depict real events, locations, or individuals unless explicitly created from user-provided reference material
• The AI has no consciousness, feelings, emotions, or genuine awareness
• The Service is for creative and productive purposes only
• AI-generated content may be unpredictable, inconsistent, or occasionally contain visual artifacts, errors, or unintended elements
• Generated images or videos may unintentionally resemble real persons, places, or copyrighted works; such resemblance is coincidental and unintended
• You are solely responsible for reviewing and verifying the appropriateness, accuracy, and legality of generated content before sharing, publishing, or using it for any purpose
• AI-generated content does not represent our views, opinions, endorsements, or recommendations

4. Subscriptions and Payments

4.1 Subscription Plans

AI Photo and Video Generator offers optional subscription plans that provide enhanced features, including access to advanced AI photo and video generation capabilities, higher resolution outputs, additional generation credits, priority processing, and other premium features. All subscriptions are processed exclusively through the Apple App Store and are subject to Apple’s terms and conditions.

4.2 Photo and Video Generation Features

Subscribers may have access to advanced AI-powered photo and video creation features. You acknowledge and agree that:

• Photo and video generation is powered by third-party AI API providers
• Generated images and videos are created by artificial intelligence and may not always match your expectations
• We do not guarantee the quality, style, accuracy, or suitability of generated content
• Generation availability is subject to third-party API availability and may be temporarily interrupted or limited
• You may not use generation features to create prohibited content (see Section 5 and Section 6)
• Generated content may be used for personal and commercial purposes subject to these Terms
• Generation credits or quotas, if applicable, may vary by subscription tier and do not roll over between billing periods unless otherwise stated

4.3 Subscription Terms

If you purchase a subscription:

• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period
• Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan
• You can manage and cancel subscriptions at any time in your Apple App Store account settings under Subscriptions
• Cancellation takes effect at the end of the current billing period; you will retain access to premium features until then
• No refunds are provided for unused portions of subscription periods
• Free trial periods, if offered, automatically convert to paid subscriptions at the end of the trial period unless cancelled at least 24 hours before the trial expires
• Any unused portion of a free trial period will be forfeited when you purchase a subscription

4.4 Price Changes and Refunds

We reserve the right to modify subscription prices at any time. Price changes for existing subscribers will be communicated in advance in accordance with Apple’s policies, typically at least 30 days prior to the change taking effect. You will have the opportunity to cancel before the new pricing applies. Refunds are processed exclusively through Apple. For refund requests, please contact Apple App Store support directly at reportaproblem.apple.com. We do not process refunds directly — all payment processing and refunds are handled by Apple Inc.

5. Prohibition of Explicit, Sexual, and NSFW Content

5.1 Definition of Prohibited Explicit Content

For the purposes of these Terms, “explicit, sexual, pornographic, or NSFW content” includes, but is not limited to:

• Nudity, partial nudity, or sexually suggestive imagery of any kind
• Sexual acts, sexual situations, or sexual content, whether real or simulated
• Pornographic material, erotic content, or sexually explicit material of any nature
• Content depicting or simulating intimate body parts in a sexual context
• Fetish content, sexually provocative poses, or content intended to sexually arouse
• Any content that would be classified as “adult content” or “NSFW” by reasonable community standards
• Prompts, text inputs, or requests designed to circumvent content filters to generate sexual or explicit material
• Any attempt to use style transfer, enhancement, or other features to create or modify images or videos into explicit content

5.2 Enforcement

We employ automated content moderation systems, keyword filtering, prompt analysis, and output review mechanisms to detect and prevent the generation of explicit content. Any user found to be generating, attempting to generate, or distributing explicit, sexual, or NSFW content through the Service will face:

• Immediate and permanent account termination without prior warning
• Forfeiture of any remaining subscription time with no refund
• Permanent ban from all current and future services operated by AI Photo and Video Generator LLC
• Reporting to law enforcement authorities where the content involves minors or constitutes a criminal offense

5.3 No Exceptions

This prohibition applies regardless of artistic intent, claimed artistic merit, cultural context, or any other justification. There are no exceptions to this policy. AI Photo and Video Generator is designed for creative and productive use only, and we are committed to maintaining a safe, family-appropriate platform for all users aged 13 and above.

6. Acceptable Use Policy

6.1 Permitted Uses

You may use AI Photo and Video Generator for the following lawful purposes:

• Personal photo and video creation, editing, and enhancement
• Commercial content creation for businesses, brands, marketing, and advertising
• Social media content generation and visual storytelling
• Creative projects, digital artwork, illustration, and design exploration
• Photo enhancement, background removal, style transfer, and visual effects
• Educational, academic, and research purposes
• Presentations, reports, and professional communications
• Any other lawful, non-prohibited creative or productive purpose

6.2 Strictly Prohibited Content and Conduct

In addition to the explicit content prohibition in Section 5, you agree that you will NOT use the App or its generation features to create, request, store, share, or distribute content involving:

• Child Sexual Abuse Material (CSAM): Any content that depicts, appears to depict, or could be construed as depicting minors (persons under 18) in sexual, suggestive, nude, or exploitative situations. This includes AI-generated, drawn, rendered, or any other form of such imagery, regardless of whether the depicted individual is real or fictional.
• Deepfakes and Deceptive Media: Creating synthetic media intended to mislead others about real events, impersonate real individuals without their express written consent, manipulate public opinion, or create false evidence.
• Non-Consensual Intimate Imagery: Generating intimate, sexual, nude, or degrading imagery of any real individual without their explicit, informed, written consent. This includes “revenge porn” and any imagery intended to humiliate, embarrass, or harm another person.
• Violence and Gore: Content depicting extreme violence, graphic injury, torture, mutilation, or content that glorifies or encourages violence against people or animals.
• Hate Content: Content that promotes hatred, discrimination, hostility, or violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic.
• Harassment and Bullying: Using the App or generated content to harass, threaten, intimidate, stalk, defame, bully, or cause harm to any individual.
• Illegal Activities: Content that promotes, depicts, instructs, or facilitates illegal acts under U.S. federal law, state law, international law, or the laws of your local jurisdiction. This includes content related to illegal drugs, weapons manufacturing, terrorism, or any criminal activity.
• Fraud and Deception: Creating content intended to deceive, defraud, scam, or manipulate others, including fake news, misinformation, disinformation, phishing materials, fraudulent documents, or identity theft materials.
• Trademark and Copyright Infringement: Generating content that infringes upon, misappropriates, or violates the trademarks, copyrights, patents, trade secrets, or other intellectual property rights of third parties. This includes generating content that replicates logos, brand identities, copyrighted characters, or proprietary designs without authorization.
• Impersonation: Creating content that falsely represents or impersonates another individual, entity, organization, or government body.
• Self-Harm and Suicide: Content that promotes, encourages, glorifies, or provides instructions for self-harm or suicide.
• Spam and Manipulation: Using the Service to generate spam, engage in coordinated inauthentic behavior, or manipulate algorithms or platforms.

6.3 Zero Tolerance Policy — CSAM

We maintain an absolute ZERO TOLERANCE POLICY for any content involving, depicting, or suggesting child sexual abuse material (CSAM) in any form. This is non-negotiable and applies without exception. Any detected or suspected violation will result in:

• Immediate and permanent account termination without warning or appeal
• Immediate reporting to the National Center for Missing & Exploited Children (NCMEC) via the CyberTipline
• Reporting to the Federal Bureau of Investigation (FBI) and all appropriate federal, state, and local law enforcement agencies
• Full and complete cooperation with any and all criminal investigations
• Preservation of all relevant user data, logs, content, and metadata for law enforcement
• Forfeiture of all subscription benefits with no refund

We are committed to protecting children and will take every available legal and technical measure to prevent the creation of CSAM through our platform. Users who suspect CSAM or child exploitation are urged to report it immediately to NCMEC at CyberTipline.org and to local law enforcement.

6.4 Zero Tolerance — Deepfakes and Non-Consensual Imagery

We also maintain a zero tolerance policy for the creation of deepfakes of real individuals and non-consensual intimate imagery. Violations will result in immediate account termination and may be reported to law enforcement as applicable.

6.5 Right to Ban

We reserve the right to permanently ban any user who violates our Content Policy, Acceptable Use Policy, or any other provision of these Terms. This includes, but is not limited to, users who attempt to create, request, circumvent content filters to produce, or distribute prohibited content. Bans are at our sole and absolute discretion and are final. Banned users forfeit access to any remaining subscription time and are not entitled to any refund. We may also ban users based on patterns of behavior that suggest an intent to misuse the Service, even if no specific violation has been confirmed.

6.6 Content Monitoring and Moderation

We reserve the right to implement and maintain automated content moderation systems, AI-based detection tools, keyword and prompt filters, output scanning, and manual review processes to detect and prevent the creation of prohibited content. We may monitor, review, flag, and remove content and prompts that violate these Terms. You expressly consent to such monitoring as a condition of using the Service. While we strive to prevent prohibited content, no moderation system is perfect, and we do not guarantee that all violations will be detected or prevented.

7. Legal Compliance

7.1 Lawful Use Only

AI Photo and Video Generator is designed exclusively for lawful creative and productive use. All use of the Service must comply with applicable federal, state, local, and international laws and regulations. We do not condone, facilitate, or permit any illegal activity through the Service.

7.2 Your Legal Responsibility

You are solely responsible for ensuring that your use of AI Photo and Video Generator, including all content you generate, edit, share, publish, or distribute, complies with all applicable local, state, national, and international laws and regulations. It is your responsibility to know and follow the laws in your jurisdiction regarding AI-generated content, synthetic media, data protection, intellectual property, and online conduct.

7.3 Jurisdictional Restrictions

If AI-generated content, synthetic media, or the use of AI generation tools is restricted or prohibited in your jurisdiction, you must not access or use AI Photo and Video Generator in violation of those laws. We are not responsible for violations of local laws by users who access the App from restricted jurisdictions. It is your sole responsibility to determine whether the Service is lawfully available in your location.

7.4 Cooperation with Authorities

We will cooperate fully with law enforcement agencies, regulatory bodies, and government authorities investigating illegal activity conducted through our Service. We will comply with valid legal process, including subpoenas, court orders, search warrants, and lawful data preservation requests. We may proactively disclose user information and content to law enforcement when we have a good faith belief that such disclosure is necessary to prevent imminent harm, protect our rights, protect your safety, or protect the safety of others.

7.5 Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the Department of State.

8. AI-Generated Content Limitations

8.1 No Guarantees

AI Photo and Video Generator uses artificial intelligence and machine learning models from third-party providers. These models are complex, evolving, and inherently imperfect. You acknowledge and agree that:

• AI-generated images and videos may be unpredictable, inconsistent, or contain unexpected elements
• The AI may produce errors, visual artifacts, distortions, or unintended outputs
• We do not guarantee the quality, accuracy, appropriateness, or fitness for purpose of any AI output
• AI-generated content does not represent our views, opinions, or endorsements
• Third-party AI services may experience downtime, service interruptions, model changes, or degraded performance
• Generated content may not always match your expectations, prompts, or requests
• The same prompt may produce different results at different times due to the stochastic nature of AI
• AI models may have biases that are reflected in generated content

8.2 User Responsibility for Generated Content

You are solely responsible for your use of all generated content and any consequences arising from such use, including but not limited to sharing, publishing, distributing, selling, or otherwise making generated content available to others. We are not liable for any decisions, actions, harm, loss, or damage resulting from AI-generated content. You agree to review all generated content before using or sharing it and to ensure it is appropriate, accurate, and lawful for your intended purpose.

8.3 No Reliance

AI-generated content should not be relied upon as factually accurate, medically sound, legally valid, or professionally authoritative. The Service is a creative tool and is not a substitute for professional advice, judgment, or services in any field.

9. Privacy and Data

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using AI Photo and Video Generator, you consent to our data practices as described in the Privacy Policy.

AI Photo and Video Generator collects minimal data about users. We primarily collect anonymized analytics and usage statistics that are used to improve the Service and are not linked to individual users.

Important: We do not permanently store or share your generated content. Your photos and videos are processed for generation purposes only and are not retained on our servers for marketing, sale, training, or sharing with third parties beyond what is necessary to provide the Service. User prompts may be transmitted to third-party AI providers for processing as described in Section 3.2.

Notwithstanding the foregoing, we reserve the right to retain and disclose content and user data as required by law, as necessary to enforce these Terms, or as needed to cooperate with law enforcement investigations into prohibited content as described in Sections 5, 6, and 7.

10. Intellectual Property

10.1 Our Intellectual Property

The App, including all content, features, functionality, software, source code, algorithms, graphics, user interface design, logos, trademarks, service marks, and trade names, is owned by AI Photo and Video Generator LLC and/or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or create derivative works based on any part of the App without our prior written consent.

10.2 Generated Content Rights

Subject to your compliance with these Terms, AI-generated images and videos created through the App may be used by you for personal and commercial purposes. You acknowledge that:

• The legal status of copyright ownership of AI-generated content is evolving and may vary by jurisdiction
• We make no representations or warranties regarding your ability to obtain or enforce copyright protection for AI-generated content
• You may not use generated content in ways that violate the Content Policy or Acceptable Use Policy set forth in these Terms
• We retain all rights in the underlying AI systems, algorithms, processes, and technology that generate content
• You are responsible for ensuring your use of generated content does not infringe third-party rights
• Similar or identical content may be generated for other users given similar prompts

10.3 User-Provided Content

If you upload or provide images, videos, or other content to the App for processing (such as for style transfer, enhancement, or background removal), you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to process such content. You retain ownership of your original content. By uploading content, you grant us a limited, non-exclusive, worldwide, royalty-free license to process your content solely for the purpose of providing the Service to you.

10.4 DMCA and Intellectual Property Complaints

If you believe that content generated through or available on our Service infringes your intellectual property rights, please contact us at team@createphotosai.com with a detailed description of the alleged infringement. We respect the intellectual property rights of others and will respond to valid complaints in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).

11. Disclaimers

THE APP AND SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, ACCURACY, OR SATISFACTORY QUALITY.

Without limiting the foregoing, we do not warrant that:

• The App will meet your specific requirements or expectations
• The App will be uninterrupted, timely, secure, or error-free
• AI-generated images or videos will be accurate, appropriate, satisfying, or suitable for any particular purpose
• Third-party AI services will be continuously available or perform consistently
• Defects, errors, or security vulnerabilities will be corrected
• The App is free of viruses, malware, or other harmful components
• Content moderation systems will detect all prohibited content
• The results obtained from using the Service will be accurate or reliable

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AI PHOTO AND VIDEO GENERATOR LLC, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Unintended, inappropriate, offensive, or harmful AI-generated content
• Third-party AI API service failures, interruptions, or performance degradation
• Unauthorized access to or alteration of your transmissions or data
• Any conduct, content, or actions of any third party on or related to the Service
• Cost of procurement of substitute goods or services
• Any matter beyond our reasonable control

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE APP OR SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless AI Photo and Video Generator LLC, its affiliates, subsidiaries, parent companies, officers, directors, employees, agents, partners, contractors, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees, court costs, and settlement amounts) arising out of or relating to:

• Your access to or use of the App or Service
• Your violation of these Terms or any applicable law or regulation
• Your use, misuse, or distribution of AI-generated content
• Your creation, attempted creation, or distribution of prohibited content, including explicit, sexual, NSFW, CSAM, or any other prohibited content
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any content you upload, submit, or provide to the Service
• Any false, misleading, or inaccurate representations regarding your eligibility or identity
• Any dispute between you and a third party arising from your use of the Service

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. Termination

14.1 Termination by Us

We reserve the right to suspend, restrict, or terminate your access to AI Photo and Video Generator immediately, without prior notice or liability, for any reason whatsoever, including but not limited to violation of these Terms, violation of the Content Policy or Acceptable Use Policy, suspected illegal activity, or conduct that we determine, in our sole discretion, is harmful to other users, us, third parties, or the integrity of the Service. Upon termination, your right to use the App immediately ceases, and no refunds will be provided for any pre-paid subscription fees.

14.2 Termination by You

You may terminate your use of the Service at any time by deleting the App from your device and cancelling any active subscriptions through your Apple App Store account settings. Cancellation of your subscription does not entitle you to a refund for any fees already paid.

14.3 Effect of Termination

Upon termination of your access to the Service, whether by you or by us: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) you must cease all use of the App; (c) you will not be entitled to any refund of subscription fees; and (d) Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14.3, 15, 16, 17, 18, and 19 shall survive termination and continue in full force and effect.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at team@createphotosai.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. During this informal resolution period, you agree to provide a written description of the dispute, including the relevant facts and your proposed resolution.

15.2 Binding Arbitration

If the dispute cannot be resolved informally within thirty (30) days, any controversy, claim, or dispute arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Sheridan, Wyoming, although proceedings may be conducted remotely to the extent permitted by the AAA rules. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.3 Class Action Waiver

YOU AND AI PHOTO AND VIDEO GENERATOR LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

15.4 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND AI PHOTO AND VIDEO GENERATOR LLC EACH WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

15.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Nothing in this section shall prevent us from seeking emergency or temporary relief from a court of competent jurisdiction.

16. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and AI Photo and Video Generator LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware for the purpose of litigating any such dispute.

17. Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of this page and may provide additional notice through the App, via email, or through other means we deem appropriate. Material changes will be communicated at least thirty (30) days in advance of taking effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with any changes, you must discontinue use of the Service and cancel any active subscriptions. We encourage you to review these Terms periodically.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the App, constitute the entire agreement between you and AI Photo and Video Generator LLC concerning the Service, and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us with respect to the Service.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

18.3 Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

18.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, pandemic, war, terrorism, riots, embargoes, acts of governmental authorities, fire, floods, accidents, strikes, shortages of transportation or materials, third-party service outages, or any other event beyond our reasonable control.

18.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein.

18.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

19. Contact Information

For questions about these Terms, concerns about the Service, to report violations of the Acceptable Use Policy or Content Policy, or for any other inquiries, please contact us: