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terms of use

Effective June 16, 2026. Last updated October 4, 2026.

These Terms of Use (this “Agreement,” and also the End User License Agreement) are a binding contract between you and Photogenik Inc. (“Photogenik,” “we,” “us,” or “our”) governing your use of the Photogenik mobile application (the “App”). Please read them carefully.

By downloading, installing, or using the App, you agree to this Agreement and to our Privacy Policy. If you do not agree, do not use the App.

1. Acceptance and eligibility

You must be at least 18 years old and legally able to enter this Agreement to use Photogenik, including its cloud features.
By creating an account or using the App, you confirm that you meet these requirements.
The App Store content rating does not change this minimum age, and parental permission does not authorize use by anyone under 18.
If you use the App on behalf of an organization, you represent that you have authority to bind that organization to this Agreement.

2. License to use the App

Subject to your compliance with this Agreement, Photogenik Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on any Apple-branded device that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license is for your personal, non-commercial use unless you have a separate written agreement with us. You receive no ownership rights in the App, only the limited license described here.

3. Your account

To use certain features you must create an account using Sign in with Apple, Google, or an email address and password. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us promptly at hello@photogenik.app if you suspect unauthorized use. You may delete your account at any time from within the App.

4. Subscriptions and billing

Access to the App’s main features requires an active subscription or an eligible trial. Available access can vary by app version and offer. Subscriptions are sold as auto-renewable in-app purchases processed by Apple through your Apple ID.

  • Plans and pricing. Premium may be available as a monthly or annual plan, depending on the offer presented to you. The current price, billing period, and any free trial or introductory offer are displayed in the App at the point of purchase, in your local currency.
  • Payment. For a paid subscription without a trial, payment is charged to your Apple Account when you confirm the purchase. An eligible free trial converts to a paid subscription at the displayed price unless canceled in time.
  • Automatic renewal. Your subscription automatically renews for the same period at the then-current price unless you cancel it at least 24 hours before the end of the current period. Your Apple ID account is charged for renewal within 24 hours prior to the end of the current period.
  • Managing and canceling. You can manage or cancel your subscription, and turn off automatic renewal, in your device’s Settings under your name and then Subscriptions. Access normally continues through the paid period; trial access may end earlier under Apple’s rules. Deleting the App or your Photogenik account does not cancel the subscription.
  • Free trials. Eligible annual offers may include a 3-day or 7-day free trial. Eligibility, duration, and the price charged afterward are shown in the App and Apple’s purchase confirmation; not every user qualifies. Cancel at least 24 hours before the trial ends to avoid a charge. Any unused trial portion may be forfeited when you purchase a subscription, where applicable.
  • Refunds. Purchases are processed by Apple and are subject to Apple’s refund policies. We are generally unable to provide refunds directly; please contact Apple Support for billing and refund requests.

A subscription does not necessarily include unlimited cloud processing. Any applicable feature credits, allowances, or limits are shown in the App. Restore Purchases can recover an eligible subscription associated with your Apple Account; restoring does not create a new trial.

We may change subscription pricing or features on a prospective basis. Where required, we will provide advance notice and an opportunity to cancel before changes take effect.

5. Acceptable use

You agree not to:

  • copy, modify, distribute, sell, or lease any part of the App, or reverse engineer, decompile, or attempt to extract its source code, except to the extent this restriction is prohibited by law;
  • use the App to violate any law or the rights of others, or to capture images of any person without their consent;
  • interfere with, disrupt, or attempt to gain unauthorized access to the App, our servers, or related systems;
  • use automated means to access the App, or remove or obscure any proprietary notices; or
  • use the App in any way that could harm, disable, or impair it, or interfere with another user’s use of it.

6. Your content and feedback

Photos you capture or import remain your property. Local processing and cloud-assisted features are described separately in our Privacy Policy. Cloud coaching sends image frames and session instructions to Google; Best Shots sends selected photo copies for ranking. Use these features only with content you have the right to provide, and avoid sharing sensitive information through screen broadcasts. Provider retention differs by service; we do not promise that every cloud request is immediately deleted.

If you send us feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them to operate and improve the App, without any obligation or compensation to you.

7. Guidance, not professional advice

The App provides automated posing, framing, and photography suggestions for creative and entertainment purposes. These suggestions are generated by software and are provided “as is.” They are not professional photography, styling, medical, or other professional advice, and results will vary. You are solely responsible for the photos you take and how you use them.

8. Intellectual property

The App and all of its contents, including the software, pose library, illustrations, guidance content, text, design, and the “Photogenik” name and logo, are owned by Photogenik Inc. or its licensors and are protected by intellectual property laws. Except for the limited license granted to you, nothing in this Agreement transfers any rights to you.

9. Third-party services

The App relies on Apple for App Store billing, Firebase for account and cloud services, RevenueCat for subscriptions and entitlements, PostHog for product analytics and diagnostics, and AI providers for enabled cloud features. Google cloud AI services are described in our Privacy Policy. Provider availability and service terms can affect these features. Nothing in these Terms limits rights you have under applicable consumer law.

10. Disclaimers and limitation of liability

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOTOGENIK INC. AND ITS OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE APP. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM OR USD $50.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in this Agreement limits liability that cannot be limited by law.

You agree to indemnify and hold Photogenik Inc. harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your misuse of the App or your violation of this Agreement, any law, or the rights of a third party.

11. Apple-specific terms

The following terms apply because you obtained the App through the Apple App Store:

  • This Agreement is between you and Photogenik Inc. only, and not with Apple. Apple is not responsible for the App or its content.
  • Apple has no obligation to furnish any maintenance or support services for the App.
  • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
  • Apple is not responsible for addressing any claims by you or a third party relating to the App, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your use of it infringes that third party’s intellectual property rights, Photogenik Inc., not Apple, is solely responsible for the investigation, defense, settlement, and discharge of such claim.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right to enforce it against you.

12. Termination

This Agreement remains in effect until terminated. We may suspend or terminate your access to the App at any time if you breach this Agreement or to comply with the law. You may stop using the App and delete your account at any time. Upon termination, the license granted to you ends and you must stop using the App. Provisions that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, and general terms, will survive.

13. Governing law and general terms

This Agreement is governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and subject to any mandatory consumer protections of your place of residence. Any dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, unless applicable law provides otherwise.

If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any right is not a waiver of it. This Agreement, together with the Privacy Policy, is the entire agreement between you and us regarding the App. We may update this Agreement from time to time; material changes will be reflected by the “Last updated” date above, and your continued use constitutes acceptance.

14. Contact us

Questions about these Terms? Contact us at:

Photogenik Inc.
hello@photogenik.app