Terms & Conditions

Welcome to PhotoNexAi Avatar Editor ("PhotoNexAi," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the PhotoNexAi mobile application and related services. By downloading, accessing, or using PhotoNexAi, you agree to be bound by these Terms. If you do not agree, do not use the application.

You must be at least 13 years old to use this service. If you are under 18, you must have permission from a parent or legal guardian. Users residing in the EEA or UK must be at least 16 years old.

Due to the nature of our generative AI service, we process facial data to create your avatars.
Purpose: We collect and process your uploaded photographs (Input Content) solely to train our artificial intelligence algorithms to generate personalized avatars (Output Content) for you.
Data Retention: Your original uploaded photos are retained on our secure cloud servers only for the duration necessary to generate your avatars, typically not exceeding a few minutes. After this period, the original photos are permanently deleted. The temporary AI model trained on your facial features is also deleted shortly after the generation process is complete.
Third-Party Processing: We utilize secure, industry-standard third-party cloud providers to process this data. Your photos and facial data are never used to train generalized AI models or shared with third parties for marketing purposes.

We distinguish clearly between the photos you upload and the avatars the app generates.
Your Input Content: You retain all ownership rights to the original photos you upload. By uploading them, you grant PhotoNexAi a temporary, non-exclusive, worldwide, royalty-free license to use, store, and process these images strictly for the purpose of operating the service and generating your requested avatars.
Your Output Content: Upon successful generation, you are granted a broad, perpetual, worldwide, non-exclusive license to use, download, share, and commercially exploit the avatars (Output Content) generated for you. PhotoNexAi claims no ownership over your final avatars.
App Ownership: We retain all rights, title, and interest in the PhotoNexAi app, its underlying technology, algorithms, source code, UI/UX designs, and related intellectual property.

You are strictly prohibited from using PhotoNexAi to generate harmful, illegal, or non-consensual content. You agree that you will NOT upload:
Images of any person other than yourself without their explicit, verifiable consent.
Images of minors, unless you are their legal parent or guardian.
Images of celebrities, public figures, or politicians.
Content intended to generate sexually explicit, defamatory, harassing, or violent material.

Violation of these rules will result in immediate account termination. You agree to indemnify and hold PhotoNexAi harmless from any legal claims, damages, or expenses arising from your violation of this Acceptable Use Policy.

PhotoNexAi offers premium features through auto-renewing subscriptions and in-app purchases processed entirely through the Google Play Store.
Billing: All payment details, billing cycles, and transactions are managed by Google Play. We do not process or store your payment information.
Cancellations: To cancel a subscription, you must do so through your Google Play account settings at least 24 hours before the end of the current billing period. Deleting the PhotoNexAi app does not automatically cancel your subscription.
Refunds: Standard refund requests for subscriptions and purchases must be directed to Google Play and are subject to their standard refund policies. However, if you have been charged but did not receive your allocated credits, please refer to our Refund Policy and contact our support team directly for manual allocation or resolution.

PhotoNexAi utilizes experimental generative artificial intelligence technology. The generated avatars are unpredictable and may occasionally produce distorted, inaccurate, or aesthetically unpleasing artifacts (often referred to as "hallucinations"). The service and outputs are provided on an "as is" and "as available" basis. We make no warranties regarding the accuracy, reliability, or specific aesthetic quality of the generated avatars.

To the maximum extent permitted by law, PhotoNexAi and its developers 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 (a) your use or inability to use the app; (b) any conduct or content of any third party on the app; or (c) unauthorized access, use, or alteration of your transmissions or content.

9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Bangladesh, specifically under the jurisdiction of the courts located in Khulna, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved exclusively in the competent courts of Khulna, Bangladesh.

We reserve the right to modify these Terms at any time. We will notify you of any significant changes by posting the new Terms within the application and updating the "Effective Date" at the top of this document. Continued use of the app after any such changes constitutes your acceptance of the new Terms.

If you have any questions about these Terms, please contact our legal and support team at:
contact@photonexai.com