PLEASE READ CAREFULLY. SECTION 12 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. UNLESS YOU OPT OUT WITHIN 30 DAYS, YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY THROUGH ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL.
These Terms and Conditions (the "Terms") govern your access to and use of the mobile applications (the "APPS") owned by Cloud Studios Teknoloji Yatirim Anonim Sirketi ("Cloud Studios", "we", "us", or "our"). The APPS are available on the Apple App Store and use of the APPS is also subject to Apple's Licensed Application End User License Agreement (EULA).
By downloading or using the APPS, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the APPS.
1. ELIGIBILITY
You must be at least 13 years of age to use the APPS. If you are between 13 and 17 (or the age of legal majority where you live), you may only use the APPS under the supervision of a parent or legal guardian who agrees to these Terms. You must be at least 18 years old to use features that generate photorealistic likenesses of individuals.
2. THE APPS
The APPS provide users with access through their mobile devices to utility content (such as quotes, verses, affirmations, and reminders) and artificial intelligence-powered features that generate videos and images from photos or videos you provide ("AI Content").
3. USER ACCOUNTS
Certain features may require you to sign in using Sign in with Apple. You are responsible for maintaining the security of your account credentials and for all activities under your account. Notify us promptly if you suspect unauthorized access.
4. USER CONTENT
You retain ownership of the photos, videos, text, and other content you upload or generate through the APPS ("User Content"). You grant Cloud Studios a non-exclusive, royalty-free, worldwide license to use, store, reproduce, and modify your User Content solely to operate and provide the APPS to you.
You represent that you own or have the necessary rights to your User Content and that it does not violate any law or third-party right. You may not upload images or videos of another person without their consent. We may remove User Content at any time and for any reason.
We do not use your User Content to train our own AI models.
5. AI-GENERATED CONTENT
Subject to your compliance with these Terms, you own the AI-generated output you create through the APPS while you have an active paid subscription. This assignment is effective at the time of generation and survives the end of your subscription for outputs generated while it was active. Outputs generated on a free plan are licensed to you for personal, non-commercial use only.
AI output is an artistic rendering only. It may be inaccurate, incomplete, or non-unique, and should not be used for identity verification, medical, legal, or other consequential purposes. Certain AI templates featuring adult figures are designed exclusively for use with source images of adults. You agree not to upload images of minors to generate content using templates that depict adult proportions or movements.
6. COMMERCIAL USE
Paid subscribers may use AI output generated during an active subscription for commercial purposes, subject to these Terms. Free users may not use the APPS or AI output for commercial purposes. You may not resell or sublicense access to the APPS without our written consent.
7. PROHIBITED CONDUCT
You agree not to:
- Violate any applicable law or third-party right;
- Upload content that is unlawful, defamatory, obscene, harassing, infringing, or that depicts a real person without consent or a minor inappropriately;
- Reverse engineer, scrape, or attempt to access non-public areas of the APPS;
- Use the APPS or AI output to train competing AI models;
- Interfere with the operation of the APPS or use them for fraud or abuse.
8. INTELLECTUAL PROPERTY
The APPS and all content therein (excluding User Content) are owned by Cloud Studios or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the APPS for personal use only.
9. SUBSCRIPTIONS, CREDITS, AND IN-APP PURCHASES
Purchases and subscriptions are processed exclusively through the Apple App Store under Apple's terms. Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends. You can manage and cancel subscriptions through your Apple ID settings. We do not collect or store your payment information.
You may receive or purchase credits or similar virtual units ("Credits") to access certain features. Credits have no cash value, are non-transferable, and are non-refundable except as required by law. We may change Credit terms at any time, and the value of services obtainable with Credits is subject to change at our sole discretion. Credits granted as part of a recurring subscription are valid for the corresponding billing period only and do not roll over.
If we receive a refund request for an in-app purchase, we may provide Apple with information about your in-app purchase activity. This could include details such as time since app installation, total app usage time, an anonymous account identifier, whether the in-app purchase was fully consumed, whether it included a trial period, the total amount spent, and the total amount refunded. If you wish to opt out of this data sharing, please contact us at support@cloudgamestudios.com.
10. DISCLAIMERS
THE APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the APPS will be uninterrupted, error-free, or accurate. The APPS do not provide professional, medical, legal, or financial advice.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD STUDIOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOST PROFITS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APPS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS (USD $100).
12. ARBITRATION AND CLASS ACTION WAIVER
Except for small claims and intellectual property disputes, you and Cloud Studios agree to resolve any dispute arising out of or relating to these Terms or the APPS through binding individual arbitration administered by JAMS under its applicable rules. The Federal Arbitration Act governs this section.
Class action waiver. Disputes must be brought on an individual basis only. You waive your right to participate in a class, collective, or representative action.
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to support@cloudgamestudios.com within 30 days of first becoming subject to it.
13. GOVERNING LAW
These Terms are governed by the laws of the State of California, consistent with the Federal Arbitration Act, without regard to conflict of law principles. Any dispute not subject to arbitration will be resolved in the state or federal courts located in Santa Clara County, California.
14. APPLE-SPECIFIC TERMS
This Agreement is between you and Cloud Studios, not Apple. Cloud Studios, not Apple, is solely responsible for the APPS. Apple has no obligation to provide maintenance or support. In the event of any failure of the APPS to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.
15. TERMINATION
We may suspend or terminate your access to the APPS at any time, with or without notice, for any reason. You may stop using the APPS at any time by deleting them from your device. Provisions that by their nature should survive termination will survive.
16. CHANGES TO THESE TERMS
We may update these Terms from time to time. Material changes will be communicated through the APPS or by updating the "Last Updated" date above. Your continued use of the APPS after changes take effect constitutes acceptance of the updated Terms.
17. CONTACT
Cloud Studios Teknoloji Yatirim Anonim Sirketi
Email: support@cloudgamestudios.com
Address: TASPINAR MAH. 2857 SK. NO: 4 GOLBASI/ ANKARA / TURKIYE