Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Murat Çimen, sole proprietor based in Türkiye, operating ProPicture App ("ProPicture", "we", "us"). They govern your use of our website, web application, and related services (the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a binding contract under the law of your country. The Service is not intended for minors. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" includes that organisation.

You can sign in with email and password or with Google. You are responsible for keeping your credentials confidential and for all activity under your account. Tell us immediately at [email protected] if you suspect unauthorised access.

You must provide accurate information and keep it up to date. We may suspend or close accounts that breach these Terms, are inactive for an extended period, or appear to be fraudulent.

ProPicture lets you upload photos and run AI-powered edits and generations (headshot, retouch, scene, hair, ID photo, and other tools). Outputs are computed by third-party AI models we integrate with, including Google Gemini and fal.ai. We may add, change, or remove features at any time.

"Your Content" means the photos and prompts you upload and the images we generate at your request.

• Ownership. You keep all rights you have in your uploaded photos. As between you and us, you own the AI-generated outputs we deliver to you, subject to the rights of the underlying AI providers and applicable law (note that, in many jurisdictions, purely AI-generated images may not be eligible for copyright protection).
• Commercial use. You may use the generated images for personal and commercial purposes on any plan, including LinkedIn, business cards, advertising, and resale of services that incorporate the images. You bear responsibility for that use.
• Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, process, and display Your Content solely to operate, secure, and improve the Service for you. We do not use Your Content for advertising, and we do not use it to train AI models. If we ever want to feature your work as a public example, we will ask for your specific consent first.
• Your representations. You represent and warrant that you have all rights, licences, and consents necessary to upload Your Content and to have it processed by the Service, including any rights in the people depicted, in any logos or trademarks, and in any third-party material visible in your photos.

You agree not to use the Service to create, upload, or distribute:

• Sexual content involving minors, or any content that sexualises or endangers minors. This is a zero-tolerance rule and we will report violations to the relevant authorities.
• Non-consensual intimate imagery, including "deepfake" or face-swap nudity of any real person.
• Content created to defraud, defame, harass, threaten, or impersonate a real person without their permission, including public figures.
• Content that incites violence, hatred, or discrimination against people based on protected characteristics.
• Content that infringes anyone's intellectual property, privacy, publicity, or other rights.
• Content that is unlawful in your jurisdiction or in Türkiye.
• Malware, phishing assets, or content designed to deceive users into harm.

You also agree not to:

• Reverse-engineer, scrape, or attempt to extract the underlying models or system prompts.
• Probe, attack, or interfere with the Service, our infrastructure, or other users.
• Resell or relabel the Service as your own without our written permission.
• Circumvent rate limits, credit limits, or paywalls.

We may remove content, suspend access, refund or cancel transactions, and report illegal activity, at our discretion, to enforce these rules.

AI generation is probabilistic. Outputs may contain artefacts, inaccuracies, or unexpected elements, and the same input can produce different results each time. You are responsible for reviewing each output before using it. We do not guarantee that outputs are unique, original, free from third-party rights, or fit for any particular purpose.

• Merchant of Record. All purchases are processed by Polar.sh, which acts as our Merchant of Record. Polar handles payment, invoicing, and applicable taxes (including VAT and sales tax) and issues your receipt.
• Subscriptions. Subscription plans renew automatically at the price and interval shown at checkout, until cancelled. You can cancel at any time from your billing portal; cancellation takes effect at the end of the current period.
• Credits. Some features consume credits. Credits expire at the end of the period in which they are issued unless the plan terms say otherwise. Credits have no cash value, are not transferable, and cannot be redeemed for cash.
• Refunds. Because the Service delivers digital outputs immediately, fees and credits are non-refundable once any credit has been used in the relevant billing period. If you have not used any credits and request a refund within 14 days of purchase, contact us and we will review in good faith.
• Price changes. We may change plan prices. We will give at least 30 days' notice before changes affect your renewals.
• Failed payments. If a charge fails, we may retry, downgrade, or suspend access until payment is resolved.

The Service, including the website, web application, brand, interface, code, and documentation, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding.

The Service depends on third-party providers including Google (Gemini API, OAuth, Analytics), fal.ai, Polar.sh, and Cloudflare. Their services are governed by their own terms and privacy policies. We are not responsible for outages, data handling, or decisions made by those providers, but we will use reasonable efforts to choose providers that meet good privacy and security standards.

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uninterrupted operation, or error-free results. Some jurisdictions do not allow the exclusion of certain warranties, so some of these may not apply to you.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, even if we have been advised of the possibility. Our total liability for any claim relating to the Service is capped at the greater of (a) the amounts you paid us in the 12 months before the event giving rise to the claim or (b) 50 US dollars.

Nothing in these Terms limits liability that cannot be limited by law (for example, for fraud, gross negligence, or wilful misconduct).

You agree to defend, indemnify, and hold harmless ProPicture and Murat Çimen from any claim, demand, loss, or expense (including reasonable legal fees) arising out of or related to (a) Your Content, (b) your use of the Service, or (c) your breach of these Terms or violation of any law or third-party right.

You can stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if your account creates legal risk for us, or if we discontinue the Service. On termination, your right to use the Service ends immediately and we may delete Your Content after a reasonable grace period. Sections that by their nature should survive (ownership, indemnity, disclaimers, liability limits, governing law, dispute resolution) will survive termination.

We may update these Terms from time to time. If changes are material, we will notify you by email or through an in-app notice. Continued use of the Service after the new Terms take effect means you accept them. If you do not accept, you must stop using the Service.

These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict-of-laws rules. The courts and execution offices of Istanbul (Çağlayan) shall have exclusive jurisdiction over any dispute arising out of or related to these Terms or the Service, except where mandatory consumer protection laws of your country of residence give you additional rights.

If you are a consumer based in the EU, UK, or another jurisdiction with mandatory consumer protections, those rights are not affected by this clause.

• Severability. If any clause is found unenforceable, the rest remain in effect.
• No waiver. A delay or failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a business transfer.
• Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service.

Questions about these Terms? Email [email protected].