Terms of Service

1. Eligibility

You must be at least 13 years of age to use the App. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf. By using the App, you represent and warrant that you meet these eligibility requirements.

2. Account Registration

You must create an account to use Instagen. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that contain inaccurate information or that violate these Terms.

3. Description of the Service

Instagen is an AI-powered photo and video editing application. The App allows users to upload or capture photos and videos, which are transmitted to our cloud servers for processing using artificial intelligence technologies, including third-party AI services. Processed content is returned to the user within the App. The specific features, tools, and capabilities of the App may change over time at our sole discretion.

4. User Content and License Grant

4.1 Your Content

"User Content" means any photos, videos, images, text, or other materials that you upload, submit, create, or otherwise make available through the App, including any AI-generated or AI-modified outputs derived from your original content.

4.2 License You Grant to Us

By uploading or submitting User Content to the App, you grant Visionairy LLC a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content, in whole or in part, in any media or format now known or later developed, for any purpose, including but not limited to:

• Operating, improving, and promoting the App and our services;
• Marketing, advertising, and promotional materials across all channels (including social media, websites, print, digital advertising, trade shows, and press);
• Training, developing, and improving our AI models and algorithms;
• Creating compilations, showcases, or portfolios featuring User Content;
• Sublicensing to third-party partners, service providers, and affiliates.

This license survives termination of your account or these Terms. You waive any right to inspect or approve any use of your User Content under this license, and you waive any claims for compensation related to such use.

4.3 Your Representations

You represent and warrant that: (a) you own or have obtained all necessary rights, licenses, and permissions to submit your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party; and (c) you have obtained all required consents from any identifiable individuals appearing in your User Content.

4.4 No Obligation

We are under no obligation to use, display, or retain any User Content. We may remove any User Content at any time, for any reason, without notice.

5. Prohibited Content and Conduct

You agree not to use the App to create, upload, process, generate, store, or distribute any content that falls within the categories below. Violations may result in immediate account suspension or termination, content removal, and referral to law enforcement where applicable.

5.1 Prohibited Content Categories

You may not use the App to generate, edit, or produce content that:

• Sexually Explicit or Pornographic Material. Depicts or is intended to depict nudity, sexual acts, sexual arousal, or pornography, including AI-generated or AI-modified sexual content involving real or fictional persons.
• Child Sexual Abuse Material (CSAM). Depicts, suggests, or is intended to sexualize minors in any way. We maintain zero tolerance for CSAM and will report any such content to the National Center for Missing & Exploited Children (NCMEC) and appropriate law enforcement.
• Weapons and Violence. Depicts, promotes, or glorifies weapons (including firearms, explosives, and other armaments), graphic violence, gore, or the infliction of physical harm.
• Terrorism and Extremism. Promotes, supports, or glorifies terrorist organizations, extremist ideologies, or violent acts.
• Harassment and Abuse. Targets, threatens, harasses, bullies, intimidates, or demeans any individual or group.
• Hate Speech. Promotes hatred, discrimination, or violence based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or other protected characteristics.
• Non-Consensual Imagery. Creates or distributes deepfakes, manipulated images, or AI-generated content depicting real individuals without their explicit consent, particularly content that is sexual, defamatory, or intended to deceive.
• Fraud and Deception. Is intended to deceive, defraud, or mislead others, including the creation of fake identities, forged documents, disinformation, or deceptive media intended to manipulate public opinion.
• Illegal Activity. Depicts, promotes, or facilitates any activity that is illegal under applicable law, including drug use, trafficking, or other criminal conduct.
• Intellectual Property Infringement. Infringes the copyrights, trademarks, or other intellectual property rights of any third party.

5.2 Third-Party AI Service Compliance

The App uses third-party AI services (including services provided by Google and OpenAI) to process content. You acknowledge and agree that your use of the App is also subject to the acceptable use policies and terms of service of these providers. Content that violates the usage policies of our underlying AI service providers is strictly prohibited, even if not explicitly listed above. We reserve the right to update the prohibited content categories in this section as our AI service providers update their own policies.

5.3 Prohibited Conduct

In addition to the content restrictions above, you agree not to:

• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the App or its AI models;
• Use automated scripts, bots, or other tools to access the App or its services;
• Circumvent, disable, or interfere with any security, access control, or content moderation features of the App;
• Use the App in any manner that could damage, disable, overburden, or impair our servers or networks;
• Sell, resell, license, or commercially exploit access to the App without our prior written consent;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the App to send unsolicited communications, spam, or advertisements;
• Attempt to bypass content filters or safety systems to generate prohibited content.

6. Content Moderation and Enforcement

We reserve the right, but are not obligated, to review, monitor, and moderate User Content and use of the App. We may, in our sole discretion:

• Remove or refuse to process any content that we believe violates these Terms;
• Suspend or terminate your account without prior notice for violations of these Terms;
• Report illegal content or activity to law enforcement authorities;
• Cooperate with law enforcement investigations as required by law;
• Implement automated content detection and filtering systems.

You acknowledge that AI content moderation systems may occasionally flag or restrict content in error. If you believe your content was incorrectly removed or your account was wrongfully suspended, you may contact us to request a review.

7. Intellectual Property

7.1 Our Intellectual Property

The App, including its design, features, functionality, code, AI models, algorithms, graphics, logos, trademarks, and all other elements, is the exclusive property of Visionairy LLC and is protected by intellectual property laws. These Terms do not grant you any ownership interest in the App. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.

7.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the App, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use and incorporate such feedback in any manner without obligation to you.

8. Fees and Payments

Certain features of the App may require a paid subscription or in-app purchase. All fees are processed through the Apple App Store and are subject to Apple's terms and conditions. All payments are non-refundable except as required by applicable law or Apple's refund policies. We reserve the right to change our pricing at any time with reasonable notice.

9. Disclaimers

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

We do not warrant that: (a) the App will be uninterrupted, error-free, or secure; (b) AI-generated outputs will be accurate, complete, or suitable for any particular purpose; (c) any defects will be corrected; or (d) the App will meet your expectations.

AI-generated content may produce unexpected, inaccurate, or undesirable results. You acknowledge that you are solely responsible for reviewing and evaluating all AI-generated outputs before use.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISIONAIRY LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

11. Indemnification

You agree to indemnify, defend, and hold harmless Visionairy LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

If we cannot resolve a dispute informally, you and Visionairy LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in [INSERT STATE/COUNTY], or remotely, at your election.

12.3 Class Action Waiver

YOU AND VISIONAIRY LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

12.4 Exceptions

Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

13. Termination

We may suspend or terminate your account and access to the App at any time, with or without cause, and with or without notice. You may terminate your account at any time by deleting your account through the App settings or by contacting us. Upon termination, your right to use the App ceases immediately. Sections 4.2 (License Grant), 5 (Prohibited Content), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 14 (Governing Law) shall survive termination.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT STATE], without regard to its conflict of law principles.

15. Modifications to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms within the App and updating the "Last Updated" date. For significant changes, we may also provide notice via email or in-app notification. Your continued use of the App after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the App.

16. General Provisions

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Visionairy LLC regarding the App.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Notices. We may provide notices to you through the App, via email to the address associated with your account, or by other reasonable means.

17. Contact Us

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