Terms of Use

Last Updated: January 10, 2025

Welcome to Photo Analyzer AI ("App"), operated by Gizmoplay Ltd ("Company," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of the App and any related services (collectively, the "Services"). By downloading, accessing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By using the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms in the App. We will indicate the "Last Updated" date at the top of the Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. Eligibility

You must be at least 13 years old to use the Services. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration

To access certain features of the App, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Keep your account information updated.
• Maintain the confidentiality of your account credentials.
• Immediately notify us of any unauthorized use of your account.

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with these obligations.

5. User Content and Conduct

5.1 User Content

By uploading or submitting any photos or content ("User Content") to the App, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and process your User Content for the purpose of providing the Services.

You represent and warrant that:

• You own or have all necessary rights to the User Content.
• The User Content does not infringe any intellectual property rights, privacy rights, or other legal rights of any third party.
• The User Content complies with these Terms and all applicable laws.

5.2 Prohibited Uses

You agree not to use the Services to:

• Upload or transmit any User Content that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable.
• Engage in any activity that violates any laws, regulations, or contractual agreements.
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
• Interfere with or disrupt the integrity or performance of the Services.

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable at our sole discretion.

6. Intellectual Property Rights

All content, features, and functionality of the App, including but not limited to text, graphics, logos, trademarks, service marks, and software ("Company Content"), are the exclusive property of Gizmoplay Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Content without our prior written consent.

7. Subscription Plans and In-App Purchases

7.1 Free Tier

• Daily Limit: 3 free analyses per day
• Advertisements: Ads will be displayed
• Features: Access to standard analysis types

7.2 Premium Version

• Monthly Subscription: $6.99/month (with 3-day free trial)
• Annual Subscription: $39.99/year (Save 50%! with 7-day free trial)
• Features:
  • Unlimited analyses
  • Advanced AI Analysis
  • Smart Suggestions
  • High-Resolution Image Processing
  • Priority Processing
  • Ad-Free Experience

7.3 Payment and Renewal

Payments will be charged to your Apple ID account upon confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage and cancel your subscriptions by accessing your account settings on the App Store after purchase.

7.4 Refunds

All purchases are final and non-refundable, except as required by law or at our sole discretion.

8. Fair Use Policy

To ensure the best experience for all users, our Premium service operates under a Fair Use Policy with the following usage guidelines:

• Monthly Usage: Generous allocation of 6,000 analyses per calendar month (averaging 200 per day)
• Processing Frequency: Up to 20 analyses per minute for optimal performance
• Queue Management: One analysis processed at a time for highest quality results

These guidelines help us maintain service quality for all users. Any activities outside normal usage patterns, such as automated scraping or sharing accounts, may result in account review and potential service restrictions.

9. Modification and Termination of Services

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

10. Privacy Policy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose your personal information. By using the Services, you consent to the collection and use of your information as outlined in the Privacy Policy.

11. Data Security

We implement reasonable security measures to protect your data. However, we cannot guarantee absolute security, and we are not responsible for unauthorized access to your account or data arising from circumstances beyond our control.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY.

We do not warrant that:

• The Services will meet your requirements or expectations.
• The Services will be uninterrupted, timely, secure, or error-free.
• Any results or content obtained through the Services will be accurate, reliable, or complete.
• Any errors or defects in the Services will be corrected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GIZMOPLAY LTD, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

Our total liability to you for any claims arising from or related to the Services is limited to the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless Gizmoplay Ltd and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services.
• Your violation of these Terms.
• Your infringement of any third-party rights, including intellectual property or privacy rights.
• Any misuse of the Services or User Content.

15. Third-Party Services and Content

The Services may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third-party websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law principles.

16.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through amicable negotiations. If a resolution cannot be reached, the dispute shall be submitted to the exclusive jurisdiction of the courts located in Cyprus.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

18. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Gizmoplay Ltd regarding the use of the Services and supersede any prior agreements between us on the subject matter.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at:

Gizmoplay Ltd
Archiepiskopou Makariou III, 225
ORIANA COURT, Flat/Office 4
3105, Limassol, Cyprus
Email: info@gizmoplayltd.com

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.