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Terms of Use

Effective date: October 1, 2025

1. Introduction

Welcome to Photowhim, a mobile application developed and operated by durianbit ("we," "us," or "our"). Photowhim is an AI-powered image creation and editing tool that allows users to create and edit images using voice commands, text input, or drawing.

These Terms of Use (the "Terms") govern your access to and use of the Photowhim mobile application (the "App"), and all services and products provided through it (collectively, the "Services").

By downloading, installing, accessing, or using Photowhim, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use the App or Services.

2. Eligibility

You must be at least 13 years of age to use Photowhim. If you are under 18 years of age (or the age of majority in your jurisdiction), you may only use the Services with the consent and supervision of your parent or legal guardian.

By using the Services, you represent and warrant that you meet these eligibility requirements.

3. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal device for your personal, non-commercial use.

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Rent, lease, sell, sublicense, or transfer the App to any third party
• Remove or alter any proprietary notices or labels on the App
• Use the App for any illegal or unauthorized purpose

4. User Content and AI-Generated Content

4.1 Your Content

You retain all ownership rights to the images and content you upload to Photowhim ("User Content") and the images you create or edit using our Services ("Generated Content"). We do not claim ownership of your User Content or Generated Content.

4.2 License You Grant to Us

To operate and improve the Services, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Store and process your User Content to provide the Services
• Use AI models to generate or edit images based on your input
• Display your Generated Content within the App

Important: We will NOT use your images to train our AI models unless you explicitly opt in. This license automatically terminates when you delete the content from the App or delete your account.

4.3 Audio Recordings

When you use voice commands, we do not store your audio recordings. Voice input is processed in real-time and converted to text, after which the audio is immediately discarded.

4.4 Data Retention

Your uploaded and generated images are stored on our servers until you delete them or unsubscribe from the Services. After account deletion or unsubscription, all your images will be permanently deleted within 90 days.

4.5 Your Responsibilities

You are solely responsible for your User Content and Generated Content. You represent and warrant that:

• You own or have the necessary rights to all User Content you upload
• Your content does not violate any third-party rights or applicable laws
• Your content does not contain harmful, offensive, or illegal material

5. AI Features and Limitations

Photowhim uses artificial intelligence and machine learning models to generate and edit images. You acknowledge and agree that:

• AI-generated outputs may not always meet your expectations
• Results may contain artifacts, inaccuracies, or unexpected elements
• We do not guarantee the accuracy, quality, or appropriateness of AI-generated content
• You are responsible for reviewing and approving all Generated Content before sharing or using it

6. Prohibited Uses

You agree not to use Photowhim to:

• Create, upload, or generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Generate sexually explicit content, child exploitation material, or pornography
• Create content that infringes on intellectual property rights, privacy rights, or publicity rights of others
• Generate content intended to deceive, defraud, or mislead others
• Create deepfakes or manipulated media without appropriate disclosure
• Generate content that promotes violence, hatred, or discrimination
• Attempt to reverse engineer, hack, or compromise the security of the Services
• Use the Services for any commercial purpose without our prior written consent

7. Fair Use Policy

To ensure quality service for all users and prevent abuse, we implement reasonable usage limits on AI image generation and editing:

• Daily generation limits apply to prevent service degradation
• Weekly usage caps ensure fair resource allocation across all subscribers
• Limits are set at levels that accommodate typical creative use while preventing automated or excessive abuse

We reserve the right to:

• Adjust usage limits as needed to maintain service quality
• Temporarily restrict or suspend accounts that exceed reasonable usage patterns
• Investigate and terminate accounts engaged in abusive behavior, automation, or reselling of services

Subscribers are warned within the App when they are approaching or have reached their usage limits.

8. Subscriptions and Payments

8.1 Subscription Required

Photowhim requires a paid subscription to access the Services. Subscriptions are offered on a weekly or yearly basis.

8.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription fee for each renewal period.

8.3 Cancellation

You may cancel your subscription at any time through your App Store account settings. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.

8.4 Payment Processing

All payments are processed through the Apple App Store or Google Play Store. Please refer to their terms and conditions regarding payments and refunds.

9. Intellectual Property

9.1 Our Property

The App, Services, and all related technology, software, features, and functionality are owned by durianbit and are protected by copyright, trademark, and other intellectual property laws.

9.2 Trademarks

Photowhim, the Photowhim logo, and all related names and logos are trademarks of durianbit. You may not use these marks without our prior written permission.

10. Third-Party Services

The Services may contain links to or integrate with third-party websites, services, or content. We are not responsible for and do not endorse any third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

11. Privacy

Your use of Photowhim is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review our Privacy Policy to understand our practices.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, including if we believe you have violated these Terms. Upon termination:

• Your license to use the App will immediately cease
• You must stop using the Services and delete the App from your devices
• We may delete your account and all associated content

You may terminate these Terms at any time by deleting the App and canceling your subscription.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, error-free, or secure
• Warranties regarding the accuracy, quality, or reliability of AI-generated content

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DURIANBIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

Our total liability for any claims arising from your use of the Services shall not exceed the amount you paid to us in the twelve months preceding the claim, or $100, whichever is greater.

15. Indemnification

You agree to indemnify, defend, and hold harmless durianbit and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your User Content or Generated Content
• Your violation of these Terms
• Your violation of any third-party rights

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App or by email. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

17. Governing Law and Dispute Resolution

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

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration in Singapore, except that you may bring claims in small claims court if they qualify.

18. Contact Information

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

Email: hello@durianbit.com
Developer: durianbit

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and durianbit regarding the Services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.