By accessing or using the Fauxy – AI Photo Generator application, you agree to be bound by these Terms of Use and our Privacy Policy. The App is provided and operated by Kutup Dijital Hizmetler Limited Şirketi ("Kutup," "we," "us," or "our").
By using the Fauxy – AI Photo Generator mobile application (the "App"), you agree to be bound by these Terms of Use (the "Terms"). Please read these Terms carefully before using the App. If you do not agree to these Terms, please do not use the App.
1. Acceptance of Terms
2. Service Description
Fauxy is an artificial intelligence-powered photo generation and editing application. The App uses advanced AI technology to help users create, edit, and enhance images using various AI models and tools.
The App is available on iOS platforms. We reserve the right to modify, suspend, or discontinue the Service at any time without prior notice.
3. Third-Party Services
Our App integrates with and utilizes various third-party services and APIs to provide its functionality. These services include, but are not limited to:
- Fal AI: AI image generation and processing
- OpenAI: Advanced AI models and capabilities
- Replicate AI: AI model hosting and execution
- Firebase: Backend services and analytics
- OneSignal: Push notification services
- RevenueCat: Subscription and in-app purchase management
By using our App, you acknowledge that your data may be processed by these third-party services in accordance with their respective privacy policies and terms of service. We are not responsible for the content, privacy policies, or practices of these third-party services.
4. User Accounts
To access certain features of the App, you may be required to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
5. AI-Generated Content
The App uses artificial intelligence to generate and modify images. You acknowledge and agree that:
- AI-generated content may not always be accurate, appropriate, or as expected
- Generated images are created based on your inputs and AI algorithms
- You are responsible for reviewing and approving all AI-generated content before use
- We do not guarantee the quality, accuracy, or suitability of AI-generated content
- You must not use the App to generate illegal, harmful, or inappropriate content
6. User Content and Conduct
When using the App, you agree not to:
- Upload, generate, or share illegal, harmful, threatening, abusive, or offensive content
- Infringe upon the intellectual property rights of others
- Upload content containing viruses, malware, or harmful code
- Attempt to bypass or manipulate the App's security features
- Use the App to impersonate others or misrepresent your identity
- Generate images of real people without their consent
- Create deepfakes or misleading content intended to deceive
- Use the App for any commercial purposes without authorization
- Abuse or overload the App's infrastructure
7. Intellectual Property Rights
Our Content: The App and its content (including but not limited to text, graphics, logos, icons, images, software, and user interface) are owned by Kutup Dijital Hizmetler Limited Şirketi or our content providers and are protected by international copyright laws.
Your Content: You retain ownership of the images and content you upload to the App. By uploading content, you grant us a limited license to process, store, and use your content solely for the purpose of providing the Service.
Generated Content: AI-generated images created using the App are subject to the terms and conditions of the underlying AI service providers. You are granted a license to use the generated content in accordance with our subscription terms and the limitations set by the AI service providers.
8. Subscriptions and Payments
The App offers subscription-based services and in-app purchases managed through RevenueCat and the Apple App Store. By subscribing, you agree to:
- Pay all applicable fees associated with your subscription
- Automatic renewal of your subscription unless cancelled
- The terms and conditions of the Apple App Store
- Our refund policy as outlined in the App Store's refund policy
Subscription fees are non-refundable except as required by law or as specified in the App Store's refund policy.
9. Privacy and Data Protection
Your use of the App is subject to our Privacy Policy. We collect, process, and store your personal information in accordance with applicable data protection laws.
By using the App, you consent to the processing of your data as described in our Privacy Policy, including the sharing of data with our third-party service providers (Fal AI, OpenAI, Replicate AI, Firebase, OneSignal, and RevenueCat) as necessary to provide the Service.
10. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- The Service will be uninterrupted, secure, or error-free
- The results obtained from the use of the Service will be accurate or reliable
- AI-generated content will meet your expectations or requirements
- Any errors in the App will be corrected
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KUTUP DIJITAL HIZMETLER LIMITED ŞIRKETI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:
- Your use or inability to use the App
- Any unauthorized access to or use of our servers and/or any personal information stored therein
- Any interruption or cessation of transmission to or from the App
- Any bugs, viruses, or other harmful code transmitted to or through the App
- Any errors or omissions in any content or AI-generated material
- Any loss or damage resulting from the use of AI-generated content
12. Indemnification
You agree to indemnify, defend, and hold harmless Kutup Dijital Hizmetler Limited Şirketi, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
- Your access to or use of the App
- Your violation of these Terms
- Your violation of any third-party rights
- Your use of AI-generated content
13. Account Termination
We reserve the right to suspend or terminate your account immediately, without prior notice, if you violate these Terms or engage in conduct that we deem inappropriate or harmful to the App or other users.
You may terminate your account at any time by contacting us. Upon termination, your right to use the App will immediately cease.
14. Changes to Terms
We reserve the right to update or modify these Terms of Use at any time. We will notify you of any significant changes through the App or via email.
Your continued use of the App after any such changes constitutes your acceptance of the new Terms.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions.
Any disputes arising from these Terms or your use of the App shall be subject to the exclusive jurisdiction of the courts of Turkey.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
17. Contact Information
If you have any questions about these Terms of Use, please contact us:
Company: Kutup Dijital Hizmetler Limited Şirketi
Email: support@kutup.io