Terms of Service

1. Acceptance of Terms

By downloading, installing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the App on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Eligibility

You must be at least 13 years old (or the minimum digital consent age in your jurisdiction, which may be 14 or 16 in some EU member states) to use the App. By using the App, you represent that you meet this age requirement.

If you are a minor, you may use the App only with the involvement and consent of a parent or legal guardian.

3. Your Account

The App uses anonymous accounts. You do not need to provide any personal information to use the App. Your installation is identified by a randomly generated identifier stored on our backend. You are responsible for any activity that occurs on your installation.

Because accounts are anonymous, we cannot recover credits or subscription history if you uninstall the App or switch devices, except via Apple's "Restore Purchases" mechanism for active subscriptions.

4. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on iOS devices that you own or control, for your personal, non-commercial use.

You may not:

• Copy, modify, adapt, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any proprietary notices
• Use the App for any commercial purpose without our prior written consent
• Use bots, scrapers, or other automated systems to access the App
• Resell, redistribute, or sublicense the App or any output from it
• Bypass any rate limits, paywalls, or anti-abuse measures

5. User Content

When you create a lofi dusk photo, you upload a single photo from your device ("User Content"). You retain all rights to your User Content.

By uploading User Content, you grant us a limited, worldwide, royalty-free license to:

• Transmit your User Content to our AI provider (fal.ai) for the sole purpose of generating the lofi dusk image you requested
• Cache your User Content temporarily to complete the generation request

We do not store your User Content on our own servers beyond the time necessary to complete your request, and we never use your User Content to train AI models.

You represent and warrant that:

• You own the User Content or have all necessary rights to upload it
• The User Content does not infringe any third-party rights
• If another person appears in the photo, you have obtained their consent
• The photo does not depict minors in any sexualized context and does not contain illegal content

6. Generated Content & Intellectual Property

The images generated by the App ("Generated Content") are created by AI based on your photo. Subject to your compliance with these Terms, you own the Generated Content and may use it for personal, non-commercial purposes.

You agree that, when using Generated Content:

• You will not use it to defame, harass, or impersonate any person
• You will not use it for illegal purposes
• You will not use Generated Content in violation of the EU AI Act, deepfake laws, right of publicity laws, or any other applicable law
• You will preserve any AI provenance markers we or our AI provider embed in the output

The AI models, App design, source code, trademarks, and all other intellectual property associated with the App remain our exclusive property or that of our licensors.

7. Acceptable Use

You agree not to use the App to:

• Upload images of any person without their explicit consent
• Upload images of minors under 13 (other than yourself if you are a minor with parental consent)
• Generate sexual, sexually suggestive, violent, hateful, harassing, defamatory, or otherwise harmful content
• Generate content that impersonates real public figures or private individuals for the purpose of deception
• Create manipulated imagery intended to mislead others or cause harm
• Create non-consensual intimate imagery
• Violate any law or regulation
• Violate the intellectual property or privacy rights of any person
• Interfere with or disrupt the App, our servers, or other users
• Attempt to gain unauthorized access to our systems
• Use the App to commit fraud, harassment, or other unlawful conduct

8. Subscriptions, Credits, and Payments

The App offers two payment models, both administered by Apple through the App Store:

Credit Packs (Consumable)

Consumable one-time purchases. Each creation consumes 1 credit. Credits are non-transferable and do not expire unless required by law. If a creation fails due to a technical issue on our side, the credit is preserved so you can try again at no additional cost. We offer the following packs:

• 10lofi — 10 creations
• 50lofi — 50 creations

Premium Subscriptions (Auto-Renewing)

The App offers two auto-renewing subscription plans. Each plan grants a regular credit allowance that is automatically added to your balance on a recurring schedule while the subscription is active:

• weeklylofi — Weekly plan. Grants 7 creation credits every 7 days while active. Auto-renews weekly until cancelled.
• yearlylofi — Yearly plan. Grants 30 creation credits every 30 days while active. Auto-renews yearly. Best long-term value.

The current price of each plan is displayed in the App at the time of purchase and reflects your local App Store pricing.

Apple-Mandated Subscription Terms

Pricing

Apple displays the price in your local currency at the time of purchase based on Apple's price tier conversion. We may change prices from time to time, but changes will not affect any subscription or credit pack you have already purchased.

No Free Credits

The App does not provide any free, trial, or promotional credits to new users. All creations require credits purchased through Apple, or an active Premium subscription.

9. Refunds

All purchases are processed by Apple. Refund requests must be submitted directly to Apple via reportaproblem.apple.com. We do not have the ability to issue refunds directly through the App Store.

If a creation fails due to a technical issue on our side, we will not deduct the credit, so you can try again at no additional cost.

10. Disclaimers

THE APP AND ALL CONTENT GENERATED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• THE GENERATED CONTENT WILL MEET YOUR EXPECTATIONS OR BE OF ANY SPECIFIC QUALITY
• DEFECTS WILL BE CORRECTED
• THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

AI-GENERATED CONTENT MAY BE INACCURATE, IMPERFECT, OR UNEXPECTED. WE DO NOT GUARANTEE ANY SPECIFIC RESULT OR LEVEL OF QUALITY. GENERATED IMAGES ARE SYNTHETIC RENDERINGS PRODUCED BY A MACHINE-LEARNING MODEL.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE APP
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT
• ANY CONTENT GENERATED BY THE APP
• ANY OTHER MATTER RELATING TO THE APP

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR USD $50, WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

12. Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your User Content
• Your use of Generated Content
• Your violation of these Terms
• Your violation of any rights of another person

13. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive — including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

You may stop using the App at any time by uninstalling it.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the jurisdiction in which TRY2APP LTD is incorporated, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the competent courts of that jurisdiction, except where prohibited by mandatory consumer protection laws of your jurisdiction.

If you reside in the European Union or United Kingdom, you may also bring claims in the courts of your country of residence, and you retain the protections of mandatory local consumer law.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you via in-app message or update the "Effective date" at the top of these Terms. Continued use of the App after changes are posted constitutes acceptance.

16. Severability and Entire Agreement

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

17. Contact

If you have questions about these Terms, contact us at:

Email: [email protected]
Subject: Lofi Dusk Filter — Terms Inquiry
Publisher: TRY2APP LTD