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TERMS OF SERVICE FOR THE “SELFIESTORYAI” APPLICATION

Effective Date: 11th of Nov 2025

These Terms of Service (“Terms”) govern the use of the “SelfieStoryAI” application (“Application” / “Service”), which enables the processing of photos using artificial intelligence (AI) models.

§1. Definitions and Company Details

  • 1.1. Operator / we / us – The company named Atomic Manufactory Sp. z o.o. with its registered office at Augustyna Szamarzewskiego 21-2, 60-514 Poznań, entered into the Register of Entrepreneurs of the National Court Register under KRS number 0001197011, identified by NIP (Tax ID) 7812096761 and REGON (Business ID) 542837304
  • 1.2. User / You – a natural person with full legal capacity who uses the Application. If the User uses the Service for a purpose not directly related to their business or professional activity, they have the status of a consumer within the meaning of applicable laws.
  • 1.3. Account – the User’s profile created in the Application.
  • 1.4. Inputs – materials uploaded by the User for processing (e.g., photos).
  • 1.5. Outputs – the results of processing by AI.
  • 1.6. Credits – virtual billing units used to run AI functions; they do not constitute legal tender and are not exchangeable for cash.
  • 1.7. AI Providers – third-party entities providing AI model services available through Replicate, Inc. and other partners (details: Appendix A – “Models and Terms”).

§2. Account, Age, and Availability

  • 2.1. Registration requires “Sign in with Apple”. The User is responsible for securing their device and Apple identity.
  • 2.2. The Service is intended exclusively for persons who are 18 years of age or older. By registering, you confirm that you meet this condition. The Operator reserves the right to verify the age of users and suspend accounts suspected of being operated by minors.
  • 2.3. Availability and Security: We strive to ensure continuous operation; technical interruptions or limitations in model performance are possible. We will inform about planned interruptions in advance in the Application; critical incidents – via a status message and/or email (if available).

§3. AI Processing, Markings, and Ownership of Outputs

  • 3.1. The Operator may place discrete markings (badge/text in the corner) and/or metadata in the output files. The User agrees to this and acknowledges that removing the markings may result in account restrictions in accordance with the Terms.
  • 3.2. You grant us a non-exclusive, limited license to:
    • a) Transfer Inputs to Replicate and AI Providers;
    • b) Caching for performance purposes (max 30 days);
    • c) Detecting abuse and content moderation;
    • d) Billing and compliance audits.
  • 3.3. We do not use materials from your account (your Inputs and your Outputs) for marketing purposes without your explicit and voluntary consent.
  • 3.4. The User is responsible for ensuring that the use of Outputs complies with the law and third-party rights; we do not guarantee the uniqueness of Outputs.
  • 3.5. By using the Application, you agree to comply with the rules (licenses and policies) of the AI models used in the Service. The current list of models and links to their rules are in Appendix A.
  • 3.6. The User may process only their own image or the image of a third party for whom they have prior, explicit, and verifiable consent to upload photos and to generate/edit the image by AI; this person must be at least 18 years old. We may request proof of consent upon demand.
    • The User agrees to indemnify and hold the Operator harmless from any liability and to cover all damages, claims, or costs (including reasonable legal fees) arising from the User’s breach of the above statement, particularly regarding the processing of a third party’s image without their valid consent.

§4. Prohibited Content and Reporting Abuse

  • 4.1. Catalog of Prohibited Content (Examples): illegal content; content infringing third-party rights (including copyrights, trademarks, image rights, and personal data); deepfakes without clear labeling or intended to mislead; pornography involving minors or suggesting minority; unlawful nudity; incitement to hatred, violence, terrorism; fraud, phishing, impersonation; criminal instructions; content violating privacy (e.g., doxxing); medical/legal/financial content posing as professional advice; materials whose creation/possession/distribution is locally prohibited.
  • 4.2. Anti-scraping / anti-reverse-engineering / anti-automation. It is prohibited to:
    • (i) crawl, scrape, or harvest data from the Service;
    • (ii) circumvent security measures and limits, including model usage limits;
    • (iii) reverse engineer, decompile, or attempt to reconstruct models/systems (unless strictly permitted by applicable law);
    • (iv) use bots/automation without our prior written consent.
  • 4.3. Content Involving Minors – Mandatory Reporting. In the event of discovering or receiving a credible report of content involving persons under 18 years of age, or suspicion of child exploitation/harm, we will immediately remove the content, block the account, and report it to the appropriate authorities in accordance with applicable law.

§5. Payments, Taxes, and Credits (Apple IAP)

  • 5.1. Payments are processed exclusively through Apple In-App Purchases; Apple is not a party to the agreement nor the provider of the Service. Refunds for IAP are subject to Apple’s policies and local consumer law.
  • 5.2. Starter Credits: granted once upon registration; may have limits and an expiration date.
  • 5.3. Subscriptions and Packs: Credits can be purchased through a monthly subscription or one-time packs.
  • 5.4. Credit Rules:
    • (a) non-rollover subscription (the pool renews monthly, unused credits do not accumulate);
    • (b) consumption order: subscription first, then packs (FIFO);
    • (c) pack validity: 12 months;
    • (d) credit consumption per feature/model visible in the Application;
    • (e) credits have no monetary value.
    Detailed rules regarding the renewal of the Credit pool under a subscription and the expiration date of Credits from one-time packs will be clearly communicated to the User in the Application interface before the purchase is made.
  • 5.5. Automatic Renewals and Cancellation. Subscriptions automatically renew for subsequent periods (monthly). You can cancel at any time in Apple ID Settings → Subscriptions; access to the Service will remain active until the end of the paid period. Cancellation does not entitle you to a refund for the period that has already begun.
  • 5.6. All purchases made through our application are for digital content and are considered final, non-refundable, and non-exchangeable, unless applicable law or the provisions of this policy state otherwise. Upon finalization of the purchase, the digital service is made available immediately, and the User acknowledges that the service is considered fully performed at the moment of delivery.
  • 5.7. If you are a consumer residing in the European Union, you have the right to withdraw from the digital content purchase agreement within fourteen (14) days without giving a reason and without incurring costs. However, this right expires (ceases to apply) when the delivery of digital content has begun with your explicit consent, after you have been informed of the loss of your right to withdraw from the contract and have acknowledged this fact.

    BY FINALIZING THE PURCHASE, THE USER EXPRESSLY CONSENTS TO THE IMMEDIATE COMMENCEMENT OF THE PROVISION OF THE DIGITAL SERVICE AND ACKNOWLEDGES AND CONFIRMS THAT, BY DOING SO, THEY LOSE THEIR RIGHT TO WITHDRAW FROM THE CONTRACT. Therefore, all purchases are considered final and non-refundable, unless the digital content has a permanent technical defect (described below) or mandatory provisions of law require otherwise.

  • 5.8. In the event of persistent technical difficulties attributable solely to our platform and not to user-side factors (such as device compatibility, internet connection issues, or outdated software), the User may be eligible for a refund at our discretion, provided that consumer protection laws require it. In such cases, the User must provide appropriate documentation (e.g., screenshots, error logs) confirming the problem.
  • 5.9. Notwithstanding the above provisions, we may grant refunds at our sole discretion, in limited cases, in accordance with our internal policies, which may be periodically updated and published.
  • 5.10. Price and Offer Changes. We may change prices and elements of the offer (e.g., credit packs, available models). For active subscriptions, new prices apply from the next renewal in accordance with App Store rules.
  • 5.11. Taxes. Prices and billing in the Application are handled by Apple and, as a rule, include applicable taxes according to the App Store rules for your country. We do not issue separate invoices or charge additional taxes outside the App Store.
  • 5.12. Free Credits – Fair Use. It is prohibited to create multiple accounts to exploit the free pool or circumvent limits. In case of abuse, we may restrict or block access to free features and enforce limits.

§6. Data and Privacy; Transfers

  • 6.1. The data controller for personal data is the Operator.
  • 6.2. Detailed information on data processing (scope, purposes, legal bases, recipients, transfers, retention, User rights) can be found in the Privacy Policy, which is an integral part of these Terms.

§7. Intellectual Property, License, and Reporting Violations

  • 7.1. Operator’s Rights. All rights, including intellectual property rights, to the Application, its name, logo, software (including source and object code), databases, design, texts, graphics, compilations, and all other content and materials contained in the Application (“Operator’s Materials”), are the exclusive property of the Operator or its licensors and are protected by applicable law.
  • 7.2. Grant of License. Subject to the User’s compliance with these Terms, the Operator grants the User a limited, non-exclusive, non-transferable, and revocable license (without the right to sublicense) to:
    • a) download, install, and use the Application on a mobile device or computer owned or controlled by the User;
    • b) use the Application in accordance with its intended purpose (processing photos), for both personal and commercial purposes.
  • 7.3. License Restrictions. Except as expressly permitted in these Terms or by mandatory provisions of law, the User is not authorized to:
    • a) copy, modify, adapt, translate, distribute, sell, rent, lease, or create derivative works based on the Application or the Operator’s Materials;
    • b) reverse engineer, decompile, disassemble, or make any attempt to discover the source code of the Application;
    • c) remove or alter any copyright, trademark, or other proprietary notices contained in the Application.
  • 7.4. Reservation of Rights. All rights not expressly granted to the User in these Terms remain reserved by the Operator or its licensors. Use of the Application does not transfer any ownership rights to the Application or the Operator’s Materials to the User.
  • 7.5. User’s Rights to Content. All rights to the materials (in particular photos) uploaded by the User to the Application (“User Content”) and to the materials resulting from their processing by the Application (e.g., edited photos) remain the property of the User. The Operator claims no rights to the User Content or the results of its processing. The User bears full responsibility for having the necessary rights and licenses to use the User Content.
  • 7.6. Reporting Violations. The Operator respects the intellectual property rights of third parties. If a User or a third party believes that any content or materials available in the Application infringe their rights (e.g., copyright, image rights, trademarks), please immediately send a report to the email address: contact@atomicmanufactory.com.

    The report should contain information allowing identification of the alleged violation and the contact details of the reporting person. The Operator reserves the right to respond to the report and take appropriate steps in justified cases.

§8. Liability and Warranties

  • 8.1. The Service is provided “as is”. We do not guarantee uninterrupted operation or the suitability of Outputs for your purpose. The Operator does not guarantee that Outputs will be accurate, free from errors, artifacts, or hallucinations, or that they will be suitable for any specific purpose intended by the User. The User bears sole responsibility for verifying and using the generated content.
  • 8.2. We are not responsible for content provided by Users or for decisions made based on Outputs.
  • 8.3. To the extent permitted by law, the Operator’s total liability is limited to the amount paid by the User in the 12 months preceding the event. This limitation does not apply to liability that cannot be legally excluded/limited (especially towards consumers).
  • 8.4. The Operator informs, and the User acknowledges, that the availability, quality, and operation of individual AI features depend on services provided by external AI Providers. The Operator is not liable for interruptions in operation or changes in functionality resulting from the actions or omissions of these entities. The list of available models may change.

§9. Changes to the Terms

  • 9.1. We may update the Terms. We will inform you of significant changes at least 14 days in advance in the Application (and also by email, if you provided one). The notification will indicate the effective date of the changes.
  • 9.2. If you do not accept the changes, you may terminate the Service (close your account/cancel your subscription) before their effective date. Until then, the previous version remains in effect.
  • 9.3. Minor updates (editorial, clarifying, or not worsening your rights) may take effect immediately.
  • 9.4. Continued use after the effective date of the changes constitutes acceptance of the new version of the Terms.

§10. Suspension/Termination and Appeals

  • 10.1. When we can act. We may limit features, temporarily suspend, or terminate access to the Service if:
    • (a) you violate the Terms or the law;
    • (b) we detect abuse or a security risk;
    • (c) laws or a binding order from an authority require it.
  • 10.2. Proportionality. We select measures appropriate to the situation. Whenever possible, we first send a warning and give time to remedy the violation.
  • 10.3. Information. We will inform you of the decision and its grounds (unless prohibited by law).
  • 10.4. Appeal. You have 14 days to appeal (in the Application or by email). We will respond within a reasonable time. If the appeal is justified, we will restore access.
  • 10.5. Flagrant or repeated violations. In cases of serious or repeated violations, we may terminate access with immediate effect.

§11. Governing Law and Disputes

  • 11.1. These Terms do not limit the protection granted to you by the mandatory laws of your country of habitual residence.
  • 11.2. PL/EU. Polish law applies; disputes shall be settled by courts competent for the consumer’s place of residence. ODR: https://consumer-redress.ec.europa.eu/
  • 11.3. USA (for US users only):
    • Disputes resolved by arbitration AAA/JAMS (according to their rules).
    • You retain the right to small claims court.
    • 30-day opt-out from acceptance (email: contact@atomicmanufactory.com, subject: “Opt-out from arbitration”).
    • To the extent permitted by law: jury trial waiver and class action waiver.
  • 11.4. Before arbitration, the parties commit to a 30-day attempt to resolve the dispute:
    • a) Written notification by email;
    • b) Meeting/discussion in good faith;
    • c) only after exhausting negotiations - arbitration.

§12. Final Provisions

  • 12.1. We may assign this agreement (in whole or in part) to a legal successor or affiliated entity in connection with a reorganization, merger, or sale of the business. We will inform users of this. The User may not assign rights or obligations without our prior consent, unless mandatory law provides otherwise.
  • 12.2. We are not liable for failure to perform obligations caused by:
    • a) Force majeure (natural disasters, war, pandemic);
    • b) Unavailability of Replicate/AI Provider services beyond our control;
    • c) Internet infrastructure failures;
    • d) Actions of government authorities.
  • 12.3. Provisions that by their nature should survive the termination or expiration of this agreement shall remain in effect. This applies in particular to provisions concerning intellectual property, User liability, disclaimers and limitations of Operator’s liability, payment rules, and governing law and dispute resolution.
  • 12.4. The headings of the individual paragraphs of the Terms are for convenience only and do not affect the legal interpretation of its provisions.

APPENDICES

Appendix A – Models and Terms (“flow-down”)

Below we indicate the specific models available in the Application via the Replicate API, along with links to the model terms/licenses and Replicate’s terms. Before the first use of a model, we present a summary of its limitations and require acceptance.

  1. FLUX.1 (Kontext / Dev / Pro) – Black Forest Labs
  2. Gemini 2.5 Flash Image (“Nano Banana”) – Google
  3. Replicate – Terms of Service