AI Photo Editing

Terms of Service

Last updated: October 2nd, 2026

These Terms of Service (“Terms”) govern your access to and use of:

(a) the AI Photo Editing app, and

(b) any related online services provided by AI Editor LLC

(collectively referred to as our “Services”).

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. Please read them carefully, including Sections 11 and 12, which contain important warranty disclaimers and limitations of liability that affect your rights.

Agreement to Arbitration and Class Action Waiver

By agreeing to these Terms, you understand that except for:

(i) certain disputes described in Section 13,

(ii) cases where you exercise your right to opt out of arbitration as described in Section 13, or

(iii) where prohibited by law

any disputes between you and AI Editor LLC will be resolved through individual arbitration only.

This means:

Updates to These Terms

We may revise these Terms from time to time. The “Last Updated” date at the top of this page indicates when the Terms were most recently changed. If updates are made, we may notify you by:

Unless otherwise stated, all changes take effect immediately when posted. Your continued use of the Services after updates are made constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using our Services immediately.

1. Eligibility and Use Restrictions

Users who are under 18 years of age (or under the age of legal majority in their jurisdiction of residence) may access and use the Services only under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms on the user’s behalf. The parent or legal guardian of any such user is fully responsible for that user’s actions, omissions, and compliance with these Terms in connection with the Services. By accessing or using the Services, you represent and warrant that you meet all eligibility requirements to use the Services and have the legal authority to enter into and be bound by these Terms. If you are using the Services on behalf of another person or entity, you further represent and warrant that you have the authority to bind that person or entity to these Terms, and that all references to “you” in these Terms shall include such person or entity, which agrees to be responsible to us for your use of the Services.

2. Accounts

To create an account, you sign in using Sign in with Apple. Your account is provided and managed by AI Editor LLC and identified by the anonymous identifier Apple supplies; there is no separate username or password. You are responsible for maintaining the security of the Apple ID you use to sign in and for all activity that occurs under your account, and you must promptly notify us if you suspect any unauthorized access to or use of your account. AI Editor LLC reserves the right, at its sole discretion, to refuse, suspend, or terminate accounts in accordance with these Terms.

3. Your Information

In connection with your use of the Services, you may submit certain information (such as photos and prompts) that is transmitted to our AI provider (fal.ai) to process your edit, or is otherwise made available to us. Additionally, we may collect certain information about you and your use of the Services as described in our Privacy Policy (https://ai-editor.app/privacy-policy), which is incorporated herein by reference. The Privacy Policy provides detailed information regarding our practices for collecting, using, disclosing, and otherwise processing personal information.

By accessing or using the Services, you consent to receive all communications, agreements, disclosures, and notices that we provide in connection with the Services electronically. Such communications may be delivered through the App, by posting on our Website, or by email to an address you have given us (for example, when you contact us). We do not collect an email address or telephone number for App accounts. You acknowledge and agree that all electronic communications satisfy any legal requirement that such communications be in writing.

4. User Content and Prohibited Use

You may provide data, prompts, materials, or other content to the Services (“Input”), and you may receive results or materials generated by the Services based on such Input (“Output”). Collectively, the Input and Output are referred to as “User Content.”

You represent and warrant that you possess all necessary rights, licenses, consents, and permissions to submit the Input to the Services and to permit our use of the Input and Output as contemplated by these Terms. You further agree that all Input will comply with all applicable laws, regulations, and these Terms of Service.

Subject to these Terms, you retain all right, title, and interest in and to your User Content.

You acknowledge and agree that artificial intelligence technologies are evolving and may produce inaccurate, incomplete, or unreliable Output. We do not adopt, endorse, or make any representations or warranties regarding any Output, including any third-party references, facts, or data generated by the Services. You are solely responsible for evaluating and verifying the accuracy, completeness, and reliability of any Output, and you should not rely on the Output without independent verification.

We may use User Content as necessary to provide, operate, maintain, develop, and improve our Services; to comply with applicable laws and regulations; to enforce our Terms and policies; and to protect the integrity and security of our Services.

Review

We are not obligated to monitor, review, or moderate any User Content, and we expressly disclaim any duty to do so. However, we reserve the right, at our sole discretion, to take action when necessary, including the following:

For information about tools and services that can help parents limit minors’ access to certain online content, please visit https://www.fbi.gov/resources/parents.

5. Prohibited Use and Conduct

You may not access or use the Services if you do not meet the eligibility requirements set forth in these Terms. You agree to use the Services solely for their intended purpose and in accordance with all provisions of these Terms.

Without limiting the foregoing, you must at all times act respectfully and responsibly toward other users while accessing or using the Services, and refrain from any conduct that could interfere with their use or enjoyment of the Services.

You may not create, upload, share, or display any User Content (including, without limitation, digital replicas and other AI-generated content) unless you possess all necessary rights, licenses, consents, and permissions to do so.

You represent and warrant that your User Content, and our use of such User Content as authorized under these Terms, will not:

(a) infringe or violate the rights of any individual or entity (including intellectual property, privacy, or publicity rights);

(b) cause harm or injury to any person or entity; or

(c) violate any applicable law, regulation, or rule.

When using our Services, you agree not to:

In addition, you may not create, upload, generate, share, or display any User Content (including digital replicas or other AI-generated materials) that:

Enforcement

Enforcement of this Section 5 shall be carried out at the sole discretion of AI Editor LLC. Any decision by AI Editor LLC not to enforce, or to delay enforcement of, any provision of this Section in a particular instance shall not be construed as a waiver of its right to enforce such provision or any other provision of these Terms in the future.

Nothing in this Section shall be interpreted as creating any private right of action or enforceable right or expectation on the part of any third party. You acknowledge and agree that AI Editor LLC does not guarantee that the Services will be free of content that may violate these Terms or that any prohibited, objectionable, or unlawful material will be identified or removed in a timely manner.

6. Ownership; Limited License

AI Editor LLC and its licensors retain all rights, title, and interest in and to the Services, including all related intellectual property rights. This includes all text, graphics, images, videos, illustrations, and other materials made available through the Services. Except as expressly stated in these Terms, all rights not granted to you are reserved by AI Editor LLC and its licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use our Services solely for your personal or internal business purposes. Any use of the Services beyond what is explicitly permitted in these Terms—without our prior written consent—is strictly prohibited, will result in termination of this license, and may constitute a violation of our intellectual property rights.

As defined above, User Content includes the inputs you provide and the outputs generated through your use of the Services. You retain full ownership of your User Content, including all rights, title, and interest therein. This means you may use, reproduce, or commercialize your generated content, so long as such use complies with these Terms.

7. Trademarks

The name “AI Photo Editing” along with our logos, product and service names, slogans, and the overall design or “look and feel” of our Services, are trademarks of AI Editor LLC. These marks may not be used, copied, or imitated, in whole or in part, without our prior written consent.

All other trademarks, registered trademarks, product names, and company names or logos appearing within or in connection with our Services are the property of their respective owners. Any reference to such third-party products, services, processes, or information by name, trademark, manufacturer, or supplier does not imply any endorsement, sponsorship, or recommendation by AI Editor LLC.

8. Copyright Complaints and Infringement

Our Policy.

In accordance to the Digital Millennium Copyright Act (DMCA) and other applicable laws, we maintain a policy to terminate, when appropriate, the accounts of users who repeatedly infringe upon the intellectual property rights of others.

Reporting Claims of Copyright Infringement.

If you believe that any content on our Services infringes any copyright that you own or control, you may notify AI Editor’s designated agent (your notification, a “DMCA Notice”) as follows:

Contact Name:

Ian Norris

Email Address:

ian.norris@ai-editor.app

Please refer to Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA) for the specific requirements of a valid infringement notice. Failure to meet all of these requirements may render your notice ineffective.

If you knowingly and materially misrepresent that any content or activity on our Services infringes upon your rights, you may be held liable to AI Editor LLC for any resulting costs or damages.

Our Response to DMCA Notices.

Upon receipt of a DMCA Notice meeting the requirements of Section 512(c)(3) of the DMCA, AI Editor LLC may (i) remove or disable access to the allegedly infringing content (the “Allegedly Infringing Content”), (ii) take reasonable steps to notify the user who provided the Allegedly Infringing Content (the “Allegedly Infringing User”) that access to the Allegedly Infringing Content has been disabled or the Allegedly Infringing Content has been removed, (iii) notify the party who provided the DMCA Notice with respect to the Allegedly Infringing Content (the “Original Complaining User”) of any counter notifications that we receive from the Allegedly Infringing User under “Counter Notices” below, and (iv) replace or restore the Allegedly Infringing Content as described under “Our Response to DMCA Counter Notices” below. In accordance with our DMCA Policy, if we determine that the Allegedly Infringing User has provided Allegedly Infringing Content numerous times on or through our Services, we may also terminate the account of such user or terminate the ability of such user to add content to our Services.

When we receive a DMCA notice that meets the requirements of Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA), AI Editor LLC may take the following actions:

1. Remove or disable access to the material identified as allegedly infringing (the “Allegedly Infringing Content”);

2. Notify the user who uploaded or provided the Allegedly Infringing Content (the “Allegedly Infringing User”) that the content has been removed or access has been disabled;

3. Inform the original complainant (the “Original Complaining User”) if we receive a valid counter-notification from the Allegedly Infringing User under “Counter Notices” below; and

4. Restore or reinstate the removed content as described under “Our Response to DMCA Counter Notices” below and as permitted by applicable law.

5. Notify appropriate third-party services of alleged copyright infringement

Consistent with our DMCA Policy, if we determine that a user has repeatedly uploaded or shared infringing material, we may suspend or permanently terminate that user’s account or their ability to post content through our Services.

Counter Notices

If you believe that your content was removed or disabled by mistake or misidentification under this Section 8, you may submit a DMCA Counter Notice to our designated agent (as identified above). Please refer to Section 512(g)(3) of the Digital Millennium Copyright Act (DMCA) for the specific requirements of a valid counter-notification.

If you knowingly and materially misrepresent that content was removed or disabled in error, you may be held liable to AI Editor LLC for any resulting costs or damages.

Our Response to DMCA Counter Notices

When AI Editor LLC receives a valid DMCA Counter Notice under Section 512(g)(3) of the Digital Millennium Copyright Act (DMCA) regarding any allegedly infringing material (the “Allegedly Infringing Content”), we may provide a copy of the Counter Notice to the original complainant (the “Original Complaining User”) and inform them that the content may be restored.

Unless our designated agent receives notice within fourteen (14) business days that the Original Complaining User has filed a legal action seeking a court order to prevent the Allegedly Infringing User from engaging in the infringing activity, we may restore access to or reinstate the removed content.

9. Third Party Materials

Our Services may depend on or interact with third-party products and services, including but not limited to fal.ai (AI processing), Apple (authentication and payments), Cloudflare (hosting and networking), data storage providers, communication technologies, and internet or mobile network operators (collectively, “Third-Party Materials”). These Third-Party Materials are outside our control, and their performance may affect—or be affected by—the functionality and reliability of our Services. You acknowledge that:

(i) the availability and operation of our Services rely on third-party vendors and service providers; and

(ii) such Third-Party Materials may occasionally experience interruptions, delays, or failures that could impact your use of our Services.

Your access to and use of Third-Party Materials may be subject to additional terms, conditions, and policies (including the third party’s own terms of service or privacy policy). You are solely responsible for obtaining and maintaining all necessary hardware, network connections, telecommunications services, and other equipment required to use our Services.

10. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless AI Editor LLC, its subsidiaries, affiliates, and each of their officers, directors, employees, partners, and agents (collectively, the “AI Editor Parties”) from and against any and all claims, losses, liabilities, damages, demands, costs, or expenses (including attorneys’ fees) arising from or related to:

1. Your access to or use of our Services, including any acts or omissions;

2. Your User Content, or any feedback or suggestions you give us about the Services;

3. Your violation of these Terms; or

4. Your violation, misappropriation, or infringement of the rights of any third party, including intellectual property or privacy rights.

You agree to cooperate with the AI Editor Parties in defending any third-party claims and to cover all associated costs and expenses. The AI Editor Parties retain sole discretion and control over the defense and/or settlement of any such claims.

This indemnification is additional to, and does not replace, any other indemnities provided under any written agreement between you and the AI Editor Parties.

11. Release and Disclaimer of Warranties

Release

YOU FULLY AND PERMANENTLY RELEASE, WAIVE, COVENANT NOT TO SUE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS THE AI EDITOR PARTIES FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, DEMANDS, COSTS, AND EXPENSES OF THE KINDS DESCRIBED IN SECTION 10 (“CLAIMS”) ARISING FROM DISPUTES BETWEEN USERS OR FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTIES.

YOU UNDERSTAND THAT THIS WAIVER MEANS YOU GIVE UP YOUR RIGHT TO BRING ANY CLAIMS, INCLUDING BUT NOT LIMITED TO CLAIMS FOR PHYSICAL OR EMOTIONAL INJURY, DEATH, ILLNESS, PROPERTY DAMAGE, OR ANY OTHER LOSS, WHETHER ARISING FROM NEGLIGENCE OR OTHERWISE, AND WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN.

IF YOU ARE A CALIFORNIA RESIDENT, YOU ALSO WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 1542, WHICH STATES:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Disclaimer of Warranties

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, AI EDITOR LLC, ITS AFFILIATES, AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, ERROR-FREE, OR THAT ANY CONTENT OR DATA WILL BE SECURE, COMPLETE, OR FREE FROM LOSS OR ALTERATION.

BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY OUTPUTS YOU GENERATE ARE USED AT YOUR OWN RISK. YOU SHOULD NOT RELY ON THEM AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, NOR AS A REPLACEMENT FOR PROFESSIONAL ADVICE.

Beneficiaries

ALL DISCLAIMERS AND RELEASES OF ANY KIND (INCLUDING THOSE SET FORTH IN THIS SECTION 11 AND ELSEWHERE IN THESE TERMS) ARE PROVIDED FOR THE BENEFIT OF AI EDITOR LLC, THE OTHER AI EDITOR LLC PARTIES, AND THEIR RESPECTIVE SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AS WELL AS EACH OF THEIR SUCCESSORS AND ASSIGNS.

12. Limitation of Liability

Waiver of Certain Damages

To the maximum extent allowed by applicable law, AI Editor LLC and the other AI Editor parties shall not be liable to you under any legal theory—including contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, exemplary, punitive, or special damages, including lost profits, even if AI Editor LLC or the other AI Editor parties have been advised of the possibility of such damages.

Liability Cap

AI Editor LLC and its affiliates’ total liability to you, whether arising from these Terms or any other cause of action, is hereby limited to the greater of: (a) the amount you paid to use the Services that led to the claim, or (b) $100 USD.

Exclusions

The limitations in Section 12 do not apply to liability arising from gross negligence, fraud, or intentional misconduct by AI Editor or its affiliates, or to any liability that cannot be limited or excluded under applicable law. Additionally, in certain jurisdictions, the exclusion or limitation of incidental or consequential damages is not allowed, so these limitations may not apply to you.

13. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND AI EDITOR LLC TO RESOLVE CERTAIN DISPUTES AND CLAIMS THROUGH ARBITRATION, WHICH MEANS YOU AND AI EDITOR LLC CANNOT SUE IN COURT OR HAVE A JURY TRIAL. ARBITRATION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER REPRESENTATIVE PROCEEDINGS ARE NOT PERMITTED. BY AGREEING TO THIS, BOTH YOU AND AI EDITOR LLC WAIVE THE RIGHT TO A JURY TRIAL.

If you wish to opt out of this individual arbitration requirement, please follow the instructions below. Class or representative actions are not allowed under this arbitration agreement.

Arbitrable Claims

For any dispute or claim between you and AI Editor LLC arising from or relating to these Terms, our Services, or any aspect of your relationship with AI Editor LLC under these Terms—including any privacy or data security claims (collectively, “Arbitrable Claims,” and each an “Arbitrable Claim”)—you and AI Editor LLC agree to first try to resolve the claim informally as follows:

1. If you have an Arbitrable Claim against AI Editor LLC:

You must send a written notice of your claim (“Claimant Notice”) to AI Editor LLC by email to ian.norris@ai-editor.app. The notice must include:

2. If AI Editor LLC has an Arbitrable Claim against you:

AI Editor LLC will send you a written notice of its claim (“AI Editor Notice”) by email to an address you have given us (for example, when you contacted us) or, if we have none, by a notice in the App. The notice will include:

3. Resolution period:

You and AI Editor LLC have 30 days from the date of receiving the Notice to try to resolve the claim informally. If no agreement is reached within 30 days, either party may submit the claim to binding arbitration as described below.

4. Effect on deadlines:

The statute of limitations and any filing deadlines are paused for 30 days from the date the Notice is sent to allow time for this informal dispute-resolution process.

a. Binding Arbitration

Except for (i) individual disputes eligible for small claims court or (ii) disputes solely concerning the intellectual property or intellectual property rights of you or AI Editor LLC including cases where either party seeks injunctive or other equitable relief for alleged infringement or unauthorized use of intellectual property (“IP Claims”) all other Arbitrable Claims, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration by a neutral arbitrator instead of in court before a judge or jury. This includes any non-IP Arbitrable Claims that are filed together with IP Claims and are not resolved under Section 13(a).

Arbitrable Claims also cover disputes related to this arbitration provision itself, including questions about its enforceability, revocability, or validity. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in a court of law.

b. Governance

These Terms affect interstate commerce, and the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

c. Submission

All Arbitrable Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the then-current version of the AAA's Consumer Arbitration Rules will apply, which are available on the AAA's website (adr.org), as amended by these Terms as follows:

Individual Arbitration Only:

You and AI Editor LLC agree that all arbitrations under these Terms will be conducted on an individual basis. Class arbitrations, class actions, and other representative proceedings are not allowed. Both you and AI Editor LLC waive the right to participate in a class action. The arbitrator may handle only your individual claim and cannot consolidate multiple individuals’ claims or preside over any class or representative proceeding, except as noted below for certain coordinated claims.

Arbitration Fees:

Arbitration Procedures:

1. Hearings, if any, will generally be conducted via teleconference or videoconference, unless the arbitrator decides an in-person hearing is necessary.

2. In-person hearings will be held at a location reasonably convenient for both parties.

3. If the parties cannot agree on a location, the AAA or arbitrator will decide.

Confidentiality and Discovery:

If the arbitrator orders the exchange of information, both you and AI Editor LLC will cooperate to protect confidential, proprietary, trade secret, or sensitive information before it is exchanged or otherwise becomes part of the arbitration process.

Arbitrator Authority and Finality:

The arbitrator’s decision:

This arbitration agreement does not prevent you from bringing concerns to federal, state, or local agencies, which may seek relief on your behalf if the law allows.

Multiple or Coordinated Claims:

If 25 or more similar claims are filed against AI Editor LLC or you by the same or coordinated counsel:

One Year to Assert Claims

To the extent allowed by law, any Arbitrable Claim by you or AI Editor LLC related to these Terms, our Services, or any part of your relationship with AI Editor LLC under these Terms or Services must be filed within one year of when the claim arises. If it is not filed within that time, the claim is permanently barred, meaning neither you nor AI Editor LLC can bring it.

Opt-Out Right.

You may opt out of binding arbitration within 30 days of first accepting these Terms. To do so, send a notice of your decision by email to ian.norris@ai-editor.app.

To be valid, your opt-out notice must include:

By opting out, you agree that any disputes will be resolved according to Section 14.

Severability

If any part of Section 13 is found to be unenforceable or unlawful for any reason, including being deemed unconscionable:

1. The unenforceable or unlawful provision will be severed from these Terms.

2. Severing that provision will not affect the rest of Section 13 or the parties’ ability to compel arbitration of remaining claims on an individual basis.

3. Any claims that must then proceed as a class, collective, consolidated, or representative action will be resolved in a civil court of competent jurisdiction, not in arbitration. Litigation of such claims will be stayed until any individual arbitration claims are resolved.

Additionally, if any part of Section 13 is found to restrict an individual claim seeking public injunctive relief, that restriction will have no effect to the extent such relief can be sought outside of arbitration, and the rest of Section 13 remains enforceable.

Other Jurisdictions

Regardless of any other provisions in these Terms, if you live outside the United States, you may resolve disputes related to these Terms either by:

1. Following the arbitration process described in Section 13, or

2. If allowed under applicable law, submitting the dispute to an arbitration administrator in your country of residence.

If a dispute cannot be subject to arbitration under applicable law, you may bring the matter in the courts of your country of residence.

14. Governing Law

These Terms, including any claims arising from them (such as Arbitrable Claims), are governed by and interpreted under the laws of the State of Wyoming, except where U.S. federal law takes precedence, without applying any conflict-of-law rules that would refer the matter to the laws of another jurisdiction.

If an Arbitrable Claim is not subject to arbitration under Section 13, the state and federal courts in Wyoming will have exclusive jurisdiction, and you and AI Editor LLC waive any objections to venue in those courts.

If your local law requires that consumer contracts be governed by local law or enforced in local courts, this section will apply only to the extent local law conflicts with it.

15. Modifying and Terminating Our Services

We may, at any time:

1. Modify our Services or suspend or discontinue all or part of them;

2. Charge, change, or waive any fees for using our Services; or

3. Offer special opportunities to some or all users of our Services.

We may provide notice of any suspension or discontinuation, for example through the App or on our Website. Any changes or additions to our Services will be governed by these Terms and by any additional terms we present with them, unless we explicitly state otherwise in writing.

You have the right to stop using our Services at any time, which also terminates these Terms. We are not responsible for any loss or harm resulting from your inability to access or use our Services.

16. Severability

If any part of these Terms, other than Section 13, is found to be unenforceable or unlawful for any reason, including being deemed unconscionable:

1. That unenforceable or unlawful provision will be removed from the Terms.

2. Removing the provision will not affect the rest of the Terms.

3. The provision may be revised as needed to make the Terms enforceable and valid. The rights and responsibilities of the parties will then be interpreted and enforced to preserve the Terms and their original intent as fully as possible.

17. Miscellaneous

AI Editor LLC’s decision not to enforce any right or provision of these Terms does not waive that right or provision. These Terms constitute the complete agreement between the parties regarding their subject matter and replace all prior agreements, statements, representations, or understandings.

Section headings are for convenience only and have no legal effect. The term “including” means “including without limitation.” Unless otherwise stated, and except as expressly provided in Section 22 (Apple App Store — Additional Terms) with respect to Apple, these Terms are intended solely for the benefit of the parties and do not create rights for any third party. Communications and transactions between you and AI Editor LLC may be conducted electronically.

18. Generated Content License

All content generated by AI Editor’s tools and APIs are free of copyright and you may use them for any legal purpose you wish including commercial use with the following exceptions.

You agree not to use any Services of AI Editor LLC, including the AI Photo Editing app, for the following purposes:

19. Cookies

The App does not use cookies. Our Website may use cookies to enable functionality and ease of use.

20. Advertising

The App does not display third-party advertising.

21. Payments and Credits

Certain features of the App use “credits.” Each edit consumes credits based on the mode you choose (for example, a Standard edit costs 1 credit and a Genius edit costs 2 credits); the current cost is shown in the App and may change.

If an edit fails for a technical reason, its credits are returned. If a request or its result is declined under our content rules, its credits are normally returned as well; however, for an account that has never made a purchase, credits are returned only for a limited number of declined edits, after which a declined edit uses its credits. The App tells you when this applies.

Credits are sold as consumable in-app purchases processed by Apple through the App Store, and your purchase is also subject to Apple’s applicable terms. Prices are displayed in the App before purchase and may change from time to time. New accounts may receive a limited number of promotional credits; promotional credits are provided at our discretion, have no cash value, and may be modified or discontinued at any time.

Except where required by law or by Apple’s policies, all purchases are final and credits are non-refundable. Any refunds for in-app purchases are handled by Apple in accordance with its policies. Credits have no cash value, are not transferable, cannot be exchanged for money, and may be used only within the App. Credits do not expire while your account is active, but any unused credits are forfeited when your account is deleted or terminated. We may modify credit pricing and the number of credits required for a given feature on a prospective basis.

22. Apple App Store — Additional Terms

The following additional terms apply to your use of the AI Photo Editing app obtained through the Apple App Store (the “App”). In the event of any conflict between these additional terms and the rest of these Terms, these additional terms control with respect to your use of the App on Apple devices.

a. Acknowledgement. These Terms are concluded between you and AI Editor LLC only, and not with Apple Inc. (“Apple”). AI Editor LLC, not Apple, is solely responsible for the App and its content. These Terms do not provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions.

b. Scope of License. The license granted to you for the App is a limited, non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

c. Maintenance and Support. AI Editor LLC is solely responsible for providing any maintenance and support services with respect to the App, as required by these Terms or applicable law. You and AI Editor LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

d. Warranty. AI Editor LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be AI Editor LLC’s sole responsibility.

e. Product Claims. AI Editor LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. These Terms do not limit AI Editor LLC’s liability to you beyond what is permitted by applicable law.

f. Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, AI Editor LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Developer Contact. Any questions, complaints, or claims with respect to the App should be directed to: AI Editor LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, 941-725-8110, ian.norris@ai-editor.app.

i. Third-Party Terms. You must comply with applicable third-party terms of agreement when using the App.

j. Third-Party Beneficiary. Notwithstanding any other provision of these Terms (including Sections 5 and 17), you and AI Editor LLC acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.