Terms of Use

I. Introduction

These Terms of Use and End User License Agreement (the “Agreement”) govern your access to the PhotoVinci iOS application and the PhotoVinci website (together, the “Service”). This Agreement is between you and CALORIE COUNTER APP LIMITED (“we”, “us”, or “our”).

“Content” means photos, profile information and other information you provide. “Results” means the images and other output generated or displayed by the Service. “Paid Features” means features accessed through a subscription or an in-app purchase. The specific offer presented before purchase determines the price, billing period and included access.

By using the Service, you agree to this Agreement. If you do not agree, stop using the Service. Our Privacy Policy explains how we handle information associated with the Service.

II. Changes to This Agreement

We may update these terms as the Service develops or to reflect changes in applicable requirements. We will post the updated terms here and revise the date above. Material changes will be communicated where required, with any notice period or opportunity to cancel required by law. Changes apply from their stated effective date and do not remove rights that have already arisen. Continued use after that date is subject to the updated terms, subject to any separate acceptance required by law.

If you disagree with a future change, you may stop using the Service and cancel renewal through Apple. This does not affect any remedy or right to end a paid arrangement that applicable law gives you.

III. Who Can Use the Service

You must be at least 13 years old, or the minimum age required in your country, to use the Service. If you are not legally able to enter into this Agreement yourself, you must have a parent’s or guardian’s permission and supervision. You must provide accurate information when creating an account and keep your sign-in credentials secure. Contact us if you believe your account has been accessed without authorization. Guest content belongs to the guest account; signing out or losing access to it can affect your ability to recover saved content.

You may use the Service only if doing so is lawful where you are located and you are not prohibited from receiving it. A device or Apple Account purchase approval does not remove these eligibility requirements.

IV. General Terms

PhotoVinci creates AI-generated portraits and images from photos you provide, using templates and scenes, and lets you keep photos in AI profiles and your creations in one place. Available features may depend on your app version, subscription, credit balance, device permissions and connection.

The Service is intended for personal use. You may not resell access to it or use our infrastructure to provide a competing hosted service. Access to a feature does not give you permission to redistribute the software.

4.1 Your photos and the people in them

You may upload photos only of yourself, or of another adult who has given you permission to use their photos with PhotoVinci. Do not upload photos of children. You are responsible for the Content you submit and for having the rights and permissions needed to use it.

You retain ownership of your Content. You give us a limited permission to host, copy, transmit and process it — including through the AI and other service providers described in our Privacy Policy — only as necessary to deliver, maintain and secure the features you request. This permission does not transfer ownership of your Content to us and lasts only while needed for those purposes or applicable retention obligations.

4.2 Your results

Subject to this Agreement and the rights of others, you may use, save and share the Results created for you for your personal purposes. Because Results are generated by AI, similar output may be produced for other users, and we do not promise that a Result is unique or protected by intellectual-property rights. You are responsible for how you use and share Results.

Keep a separate copy of Content and Results that are important to you. Stored history helps you use PhotoVinci but is not a substitute for a personal archive. We do not promise that deleted Content can be recovered. This does not excuse a failure by us to meet legal obligations concerning digital content, security or reasonable care.

V. Privacy

Your use of the Service involves processing information as described in our Privacy Policy. Photos you submit are processed through cloud services and sent to our AI provider to create the Results you request; your profiles and creations are stored on our servers to provide the requested features. Accepting these terms does not by itself give permission for AI photo processing: the app asks for that separately, and you can withdraw it in PhotoVinci Settings → AI Photo Processing.

VI. End User License Agreement

6.1 Scope of the license

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license, revocable in accordance with Section XV, to use PhotoVinci for your personal, non-commercial purposes on an Apple device you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including access by other accounts through Family Sharing or volume purchasing where those rules allow it. This license does not promise that every subscription or consumable purchase is eligible for sharing.

6.2 Intellectual property

The Service, its software, branding, templates, scenes and original materials remain the property of their respective owners. Rights in your Content and Results are described in Section IV. Third-party and open-source materials remain subject to their applicable licenses.

Except for your Content and rights expressly granted here, we and our licensors reserve our rights in the app’s code, interface, layout, illustrations, written materials, templates, logos and trademarks. You may not reproduce, distribute, adapt, license or commercially exploit those materials without authorization, unless applicable law or the relevant license permits it. Do not remove ownership notices or present yourself as endorsed by PhotoVinci.

6.3 Apple platform responsibilities

This Agreement is between you and us, not Apple. We are responsible for the app, its content, maintenance, support and applicable warranties. Apple has no maintenance or support duty for PhotoVinci. If the app fails to meet an applicable warranty, notify Apple for a refund of the app’s purchase price. To the extent the law allows, any remaining warranty-related responsibility rests with us. Apple and its subsidiaries are third-party beneficiaries and may enforce this Agreement after you accept it.

We, rather than Apple, handle claims relating to PhotoVinci, including product liability, regulatory compliance, privacy and consumer protection. We are also responsible for addressing third-party claims that PhotoVinci infringes intellectual property rights, including their investigation, defense, settlement and resolution. Your statutory rights remain unaffected.

VII. Prohibited Behaviour

You must not use the Service to harm others, infringe rights, evade payment or compromise our systems. In particular, you must not:

• Upload photos of another person without their permission, upload photos of children, or use the Service to impersonate anyone.
• Create or attempt to create sexual, nude or sexually suggestive images, or images that are violent, hateful, harassing, defamatory or otherwise unlawful.
• Use Results to deceive — for example, presenting them as genuine photographs of real events, using them in identity documents or identity verification, or using them to mislead, defraud or harass others.
• Submit Content that infringes someone else’s intellectual property, privacy or publicity rights.
• Introduce malware, disrupt service availability, overload infrastructure, or attempt to access another user’s account, Content or credentials.
• Bypass authentication, purchase validation, credit accounting, rate limits, account restrictions or other access controls.
• Use bots, scraping, repeated artificial requests or unauthorized interfaces to extract our templates or exploit the Service.
• Manipulate purchases, free-photo eligibility, promotional offers or account identities to obtain access or credits you are not entitled to.
• Rent, sublicense, resell or distribute the app or access to it without permission.
• Alter the software, derive its source code or defeat its technical protections, except where applicable law or an open-source license permits it.

Content you submit is also subject to the usage policies of our AI provider, and requests that break them may be refused. We may investigate suspected misuse and restrict the affected activity under Section XV. Where legally required or reasonably necessary to protect people, accounts or systems, we may preserve relevant records or report unlawful conduct to the appropriate authority, in accordance with our Privacy Policy and applicable law.

VIII. Availability, Security, and Accuracy

8.1 AI-generated images

Results are created by AI and can be inaccurate or unexpected. They may not look exactly like you, may change details such as your features, body, clothing or surroundings, and may contain visual errors. A Result is an AI creation, not a photograph of a real event, and should not be relied on as an accurate depiction of any person or place.

Image quality, lighting, framing and the photos you choose all affect Results. You decide whether a Result is suitable to keep or share. Where the law or a platform you share on requires AI-generated images to be labelled, you are responsible for doing so.

8.2 Notifications and compatibility

Creation times vary, and notifications may be delayed, incomplete or unavailable. Network access, system settings, Focus modes and notification permissions can affect delivery.

We aim to maintain the Service but do not guarantee uninterrupted availability. Features, templates and scenes may be changed or removed for maintenance, security, technical or legal reasons. Where a material change affects paid access, any required notice, cancellation option, refund or other statutory remedy remains available. You are responsible for your internet connection and any charges from your network provider. Keep your device and app reasonably up to date to receive compatible features and security improvements.

We do not promise compatibility with every device, operating-system version, network or third-party service. A disruption outside our reasonable control may affect delivery, but we remain responsible for the obligations and remedies that applicable law requires of us.

IX. Subscriptions and Charges

9.1 Offers and payment

PhotoVinci may offer a free photo for new accounts, auto-renewing subscriptions that include credits, free trials, and consumable credit packs. The purchase screen shows the price, billing period, included credits and any trial terms before you confirm a purchase. Prices may vary by region.

By confirming a purchase through Apple, you authorize the charge shown in that purchase flow. Check the currency, billing interval, trial eligibility and renewal price before confirming. Access is limited to the plan and credits purchased; a subscription does not include unlimited creations unless the offer expressly says so.

9.2 Renewal, cancellation, and restoration

• Payments are charged to your Apple Account after you confirm a purchase.
• Subscriptions renew automatically unless cancelled before the renewal deadline displayed by Apple. If offered, a trial converts to paid access under the terms shown before purchase unless cancelled in time. Apple advises cancelling a trial at least 24 hours before it ends; check the exact dates and renewal price in your Apple subscription settings.
• Manage or cancel subscriptions in iPhone Settings → your name → Subscriptions → PhotoVinci, or open Apple’s subscription settings. Cancellation stops future renewal; Apple displays the remaining access period or expiration date.
• Deleting the app or deleting your PhotoVinci account does not cancel an Apple subscription. Cancelling a subscription does not automatically refund an earlier charge.
• Restore eligible purchases with Restore Purchase in PhotoVinci Settings, using the same Apple Account. Consumable purchases may not be restorable through Apple’s restore process.
• Creating images uses credits. Credit packs are separate purchases and do not by themselves create a subscription. The app displays the credit cost and purchase terms.
• Apple manages payment processing and refund requests. Submit requests at reportaproblem.apple.com, subject to Apple’s policies and your statutory rights.

9.3 Credits, offer changes, and refunds

Credits represent access to eligible in-app processing; they are not money, a bank balance or a transferable financial asset. Credits are spent per generated image, and credits for images that fail to generate are returned. Credits included in a subscription reset at the start of each billing period and do not carry over; credits bought in packs do not expire. Credits cannot be transferred between accounts unless that option is expressly offered. These terms do not introduce an undisclosed expiration date or remove any entitlement you purchased.

Subscription prices and plans may change. Any price change for an existing subscription is subject to Apple’s notification and consent processes and applicable law. A free trial, the free photo or a promotional offer is available only when offered to you and subject to the eligibility and terms shown. See Support for cancellation, restoration and refund instructions.

X. Third-Party Services and Resources

The Service uses or links to services provided by Apple, Google, OpenAI and other third parties. You must comply with relevant third-party terms when using the Service, including Apple’s purchase and usage rules and your network provider’s terms. Their terms and privacy practices apply to their own services. We are not responsible for the content or availability of external websites.

A link to an external resource does not mean we endorse it or warrant its content. Our use of a provider to deliver PhotoVinci does not remove our own responsibilities to you.

XI. Disclaimer of Warranties

The Service is supplied on an “as available” basis with the limitations described in Section VIII. We do not promise flawless AI output, continuous access, a particular result, or suitability for a purpose beyond the description of the features you purchase.

Any exclusion of an implied warranty applies only where that warranty may lawfully be excluded. In particular, these terms do not remove a consumer’s rights to digital content that matches its description and meets applicable quality requirements, or to services performed with reasonable care and skill. If the Service fails to meet an applicable contractual or legal standard, contact us; available remedies are determined by the circumstances and applicable law.

XII. Limitation of Liability

Our responsibility for loss is assessed under applicable law. If our breach of this Agreement or failure to exercise reasonable care causes a loss that was reasonably foreseeable, these terms do not exclude a consumer’s right to a remedy. A loss is foreseeable where it is an obvious consequence of the breach or was within the reasonable contemplation of both parties when the agreement was made.

We do not accept responsibility for losses that are not reasonably foreseeable, or for losses caused solely by unauthorized use, unlawful Content, your use or sharing of Results, or deliberate circumvention of safeguards, where those losses are not attributable to our breach or negligence. Because PhotoVinci is provided for personal use, to the extent permitted by applicable law we do not accept liability for business-related lost profit, lost business, business interruption or lost commercial opportunities.

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited. Nor does it remove mandatory consumer remedies, including remedies for defective digital content or damage to devices or other digital content where the law makes us responsible.

XIII. Legal Compliance

You must comply with applicable laws and relevant Apple terms when using the Service, including applicable export-control and sanctions restrictions. You confirm that you are not in a territory subject to a United States government embargo or designated by that government as supporting terrorism, and that you are not included on a United States government list of prohibited or restricted parties.

XIV. Governing Law and Claims

This Agreement is governed by the laws of England and Wales, subject to any mandatory protections that apply in your place of residence. Courts of England and Wales have jurisdiction, without limiting any right you have as a consumer to bring a claim in the courts of your country of residence.

If a dispute arises, email us with the relevant account or purchase information, a description of the problem, and the resolution you are seeking. Do not include passwords or full payment details. We will review the issue and seek a practical resolution. You may also write to the company address below. Contacting support is not a mandatory arbitration process and does not prevent you from seeking urgent relief, approaching a regulator or exercising statutory rights.

XV. Termination

You may stop using the Service at any time and delete your account in PhotoVinci Settings. We may restrict or terminate access if you materially breach this Agreement, misuse the Service, or if required for security or legal reasons. Where reasonably practicable and permitted, we will explain a restriction and give you an opportunity to address the issue; urgent action may be needed for security, unlawful use or legal obligations. Contact support if you believe a restriction is mistaken. Any legally required remedies for paid access remain available. Termination does not automatically cancel an Apple subscription; manage it through Apple. Account deletion and retention are described in our Privacy Policy.

Once a license is terminated, you must stop using the access covered by that license. Clauses concerning ownership, outstanding payment obligations, liability, disputes, and any obligations that by their nature continue after termination remain effective.

XVI. Severability

Failure to enforce a provision does not waive the right to enforce it later. You may not transfer your rights or obligations under this Agreement without our consent, except where applicable law allows. We may transfer the Agreement as part of a lawful business reorganization or transfer, provided that your contractual and statutory protections are preserved and any required notice is given.

These terms and the offer accepted at purchase describe the agreement for the Service; the Privacy Policy explains associated data processing. If a provision is invalid, it should be limited to the extent necessary or removed without invalidating the rest. Mandatory law and applicable Apple Usage Rules take priority over an inconsistent provision.

XVII. Contact Information

For questions about these terms or the Service, contact our team and mention PhotoVinci in your message: