Terms and Conditions

Effective Date: July 27, 2026

Welcome to AI Image Generator ("App"), developed and operated by SmartUp ("SmartUp", "we", "our", or "us").

These Terms and Conditions ("Terms") govern your access to and use of AI Image Generator, including all features, services, content, software, and updates provided through the App.

By downloading, installing, accessing, or using the App, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must not use the App.

1. Eligibility

You must be at least 13 years old, or the minimum legal age required in your jurisdiction, to use the App.

If you are under the age of majority, you may only use the App with the consent and supervision of a parent or legal guardian.

By using the App, you represent and warrant that you satisfy these eligibility requirements.

2. Description of the Service

AI Image Generator is an artificial intelligence-powered application that enables users to create digital images from text prompts.

The App currently provides features including:

AI-powered image generation
AI prompt-based creativity tools
Image downloading and sharing
Sample image galleries
Demonstration videos and prompts
AI inspiration content

Future versions of the App may include additional features such as:

AI video generation
Image editing
Cloud storage
User accounts
Premium subscriptions
Virtual coins
Additional AI models
Other creative AI tools

SmartUp reserves the right to add, modify, suspend, or remove features at any time without prior notice.

3. Artificial Intelligence Services

The App uses third-party artificial intelligence technologies, including Replicate, to generate images based on user-provided prompts.

By using AI generation features, you acknowledge that:

Your prompts are transmitted to a third-party AI service for processing.
AI-generated content is created automatically by machine learning models.
Generated results may differ from your expectations.
Similar prompts submitted by different users may produce similar or identical outputs.
AI-generated content may contain inaccuracies, unexpected elements, or unintended similarities.

SmartUp does not manually review every generated image or prompt and cannot guarantee the accuracy, originality, uniqueness, legality, or suitability of AI-generated content.

4. No User Accounts

The current version of the App does not require users to register or create an account.

Future versions of the App may introduce optional user accounts, cloud synchronization, or premium memberships. If these features become available, additional terms may apply.

5. User Responsibilities

By using the App, you agree to use it responsibly and in accordance with all applicable laws and regulations.

You are solely responsible for:

Every prompt you submit.
Every image you generate.
Every image you download.
Every image you share or publish.
Any commercial or personal use of generated content.

You agree not to rely solely on AI-generated content for legal, medical, financial, or professional advice.

6. Acceptable Use

You agree to use AI Image Generator only for lawful purposes.

You may use the App to create creative, educational, artistic, entertainment, personal, or business-related content, provided such use complies with these Terms and applicable laws.

7. Prohibited Uses

You agree not to use the App to generate, request, upload, distribute, or promote content that:

Violates any applicable law.
Infringes copyrights, trademarks, patents, trade secrets, or other intellectual property rights.
Violates another person's privacy or publicity rights.
Contains child sexual abuse material or exploits minors.
Promotes terrorism, violent extremism, or criminal activity.
Encourages self-harm or suicide.
Contains unlawful explicit sexual content.
Promotes hate speech or discrimination.
Harasses, bullies, threatens, or defames another person.
Impersonates another individual without authorization.
Facilitates fraud, scams, phishing, identity theft, or deception.
Contains malware, viruses, or malicious code.
Attempts to interfere with the operation or security of the App.
Violates export control laws or sanctions.

SmartUp reserves the right to restrict or terminate access to the App if prohibited use is detected.

8. AI-Generated Content

Images generated by the App are produced automatically through artificial intelligence.

You acknowledge that:

AI-generated content may not be original.
Similar outputs may be generated for other users.
AI-generated images may unintentionally resemble existing artwork, trademarks, products, brands, or individuals.
AI systems can make mistakes and generate inaccurate or unintended content.

You are solely responsible for reviewing generated images before using, publishing, distributing, printing, selling, or sharing them.

SmartUp does not guarantee that generated images are free from third-party intellectual property claims or suitable for commercial purposes.

9. AI Limitations

Artificial intelligence is an evolving technology and may occasionally produce results that are:

Inaccurate
Incomplete
Misleading
Offensive
Unexpected
Low quality
Inconsistent with your prompt

SmartUp does not warrant or guarantee the quality, legality, safety, or suitability of AI-generated content.

Users should exercise their own judgment before relying on any generated image.

10. Sample Gallery and Demonstration Content

The App may include sample images, prompts, and demonstration videos to showcase the capabilities of AI Image Generator and provide creative inspiration.

These samples may include or resemble:

Fictional characters
Public figures
Artistic styles
Company names
Products
Brands
Logos
Trademarks
Recognizable objects
Other creative concepts

These examples are provided solely for educational, informational, and demonstration purposes.

Their inclusion does not imply:

Ownership by SmartUp.
Endorsement by any person or organization.
Affiliation with any brand or trademark owner.
Authorization to reproduce or commercially exploit any depicted content.

Users remain solely responsible for ensuring that any generated content complies with applicable intellectual property, trademark, copyright, publicity, and privacy laws.

11. Intellectual Property

All rights, title, and interest in AI Image Generator, including but not limited to its software, source code, user interface, design, graphics, icons, logos, trademarks, branding, text, databases, documentation, and other materials, are owned by SmartUp or its licensors and are protected by applicable copyright, trademark, and intellectual property laws.

Except as expressly permitted by these Terms, you may not:

Copy or reproduce the App.
Modify or create derivative works.
Reverse engineer, decompile, or disassemble the App.
Sell, lease, sublicense, or redistribute the App.
Remove or alter copyright or proprietary notices.

Nothing in these Terms transfers ownership of the App or its intellectual property to you.

12. Ownership of AI-Generated Content

AI-generated images are created automatically based on your prompts using third-party artificial intelligence services.

SmartUp does not claim ownership of the prompts you submit.

However, because AI-generated content is created using machine learning technologies:

Similar outputs may be generated for different users.
Generated images may not be unique.
SmartUp cannot guarantee copyright protection for generated images.
SmartUp cannot guarantee that generated content is free from third-party claims.

You are solely responsible for determining whether generated content can be legally used for your intended purpose.

13. Commercial Use

AI-generated images may not always be suitable for commercial use.

Before using generated content for:

Advertising
Marketing
Branding
Product packaging
Merchandise
Resale
Commercial publishing
Business purposes

you are responsible for ensuring that such use complies with all applicable laws, intellectual property rights, and any applicable licensing terms of third-party AI providers.

SmartUp does not provide legal advice regarding ownership or commercial rights of AI-generated content.

14. Copyright and Trademark Compliance

You agree not to use AI Image Generator to intentionally create content that infringes or misappropriates another person's intellectual property rights.

This includes content involving:

Copyrighted artwork
Protected photographs
Trademarks
Logos
Brand identities
Product packaging
Trade dress
Patents
Proprietary designs

If you choose to generate similar content, you do so entirely at your own risk.

15. Public Figures and Celebrity Content

Users are responsible for complying with applicable laws when generating images depicting or resembling:

Celebrities
Public figures
Politicians
Athletes
Actors
Musicians
Influencers
Private individuals

SmartUp does not verify whether generated images infringe publicity, personality, image, or privacy rights.

You are solely responsible for ensuring that your use of such content complies with applicable laws.

16. Brands, Logos, and Sample Gallery

The App may display sample prompts, sample images, or demonstration videos that include or resemble:

Company names
Products
Brands
Logos
Trademarks
Artistic styles
Recognizable designs

These materials are provided solely for educational, informational, and demonstration purposes.

Their inclusion does not imply:

Sponsorship
Endorsement
Partnership
Authorization
Ownership by SmartUp

All trademarks, logos, and brand names remain the property of their respective owners.

Nothing within the App grants users permission to reproduce, distribute, or commercially exploit protected intellectual property.

17. User Content

You retain responsibility for the prompts you submit.

By using the App, you represent and warrant that your prompts:

Do not violate applicable laws.
Do not infringe intellectual property rights.
Do not invade another person's privacy.
Do not contain unlawful material.

You agree that SmartUp is not responsible for user-submitted prompts or AI-generated outputs.

18. Downloads and Sharing

The App allows users to download and share generated images.

Once content is downloaded or shared:

SmartUp has no control over how it is used.
SmartUp does not monitor third-party distribution.
SmartUp is not responsible for unauthorized copying, redistribution, modification, or misuse of downloaded content.

Users remain solely responsible for all images they publish or distribute.

19. Future Premium Features

The current version of AI Image Generator is available free of charge.

Future releases may introduce:

Premium subscriptions
Virtual coins
Additional AI models
Advanced generation features
Cloud storage
Exclusive content
Image editing tools
Video generation features

Additional terms may apply to those services.

20. Payments and Refunds

If paid features become available in future versions of the App:

Purchases will be processed through Google Play or another authorized payment provider.
Prices may change at any time where permitted by applicable law.
Refund requests will be governed by the policies of the applicable payment platform unless otherwise stated.

SmartUp does not store payment card information.

21. Availability of Service

While we strive to provide uninterrupted service, SmartUp does not guarantee that the App will always be available.

The App may become unavailable due to:

Scheduled maintenance
Technical issues
Third-party service interruptions
Internet connectivity problems
Force majeure events
Security incidents

We reserve the right to modify, suspend, or discontinue any feature of the App without prior notice.

22. Disclaimer of Warranties

AI Image Generator is provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by law, SmartUp disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy
Reliability
Availability
Security

We do not guarantee that:

The App will always function without interruption.
AI-generated images will meet your expectations.
Generated content will be accurate or lawful.
Generated content will be unique.
The App will always be free from bugs or errors.

23. Limitation of Liability

To the maximum extent permitted by applicable law, SmartUp, its employees, affiliates, licensors, partners, and service providers shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to:

Your use of the App.
AI-generated content.
Loss of profits.
Loss of business opportunities.
Data loss.
Device damage.
Service interruptions.
Third-party claims.
Intellectual property disputes involving generated content.

Your use of AI Image Generator is entirely at your own risk.

24. Indemnification

You agree to indemnify, defend, and hold harmless SmartUp, its directors, employees, affiliates, licensors, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

Your violation of these Terms.
Your misuse of the App.
Your prompts or generated content.
Your infringement of intellectual property rights.
Your violation of applicable laws.
Your use or distribution of AI-generated images.

25. Suspension and Termination

SmartUp reserves the right, at its sole discretion, to suspend, restrict, or terminate your access to AI Image Generator at any time, with or without prior notice, if we reasonably believe that:

You have violated these Terms.
You have used the App for unlawful purposes.
You have attempted to abuse, exploit, or interfere with the App or its services.
Your use of the App poses a security risk to SmartUp, other users, or third-party service providers.
We are required to do so by applicable law or a lawful request from a governmental authority.

Termination or suspension does not limit any other legal rights or remedies available to SmartUp.

26. Third-Party Services

AI Image Generator relies on third-party technologies and services to provide certain functionality.

These services may include, but are not limited to:

Replicate (AI image generation)
Firebase Analytics
Firebase Crashlytics
Firebase Remote Config
Google Play Services
Google Play Billing (if introduced in future releases)
Google AdMob or other advertising partners (where applicable)

Your use of these services may also be subject to their respective terms, privacy policies, and licensing agreements.

SmartUp is not responsible for the availability, security, content, or practices of third-party services.

27. Privacy

Your privacy is important to us.

Our collection, use, and processing of information are governed by our Privacy Policy, which forms an integral part of these Terms.

By using AI Image Generator, you also agree to the practices described in the Privacy Policy.

28. App Updates and Modifications

SmartUp may periodically release updates, bug fixes, security improvements, new features, or performance enhancements.

We may also modify, replace, or discontinue certain features or services without prior notice.

Continued use of the App after an update constitutes acceptance of any changes to the App and, where applicable, these Terms.

29. Beta and Experimental Features

From time to time, SmartUp may introduce experimental or beta features.

These features:

May contain bugs or errors.
May change or be removed without notice.
May not perform as expected.
Are provided solely for testing and evaluation purposes.

SmartUp makes no warranties regarding beta or experimental features.

30. Force Majeure

SmartUp shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to:

Natural disasters
Floods
Fires
Earthquakes
Epidemics or pandemics
War
Terrorist acts
Civil unrest
Government actions
Internet outages
Power failures
Cybersecurity incidents
Third-party service interruptions

31. Governing Law

These Terms and any disputes arising from or relating to AI Image Generator shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where SmartUp operates, without regard to conflict of law principles.

Nothing in these Terms limits any consumer protection rights that cannot be waived under applicable law.

32. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms.

The remaining provisions shall remain in full force and effect.

33. No Waiver

Failure by SmartUp to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights under these Terms.

Any waiver must be made in writing and signed by an authorized representative of SmartUp.

34. Entire Agreement

These Terms, together with our Privacy Policy and any additional policies or notices published within the App, constitute the entire agreement between you and SmartUp regarding your use of AI Image Generator.

They supersede all prior discussions, understandings, communications, or agreements relating to the App.

35. Changes to These Terms

SmartUp reserves the right to modify or update these Terms at any time.

When material changes are made, the updated version will include a revised Effective Date.

Your continued use of the App after updated Terms become effective constitutes your acceptance of the revised Terms.

If you do not agree to the updated Terms, you must discontinue using the App.

36. Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

Company: SmartUp

Application: AI Image Generator

Support Email: smartup566@gmail.com

We will make reasonable efforts to respond to inquiries in a timely manner.

37. Acceptance of Terms

By downloading, installing, accessing, or using AI Image Generator, you acknowledge that:

You have read and understood these Terms and Conditions.
You agree to be legally bound by them.
You agree to comply with all applicable laws while using the App.
You understand the limitations of AI-generated content.
You accept responsibility for your prompts, generated images, downloads, and use of the App.

If you do not agree with these Terms, you must not use AI Image Generator.

Last Updated

July 27, 2026