👶 Newborn AI

Terms of Service

Effective Date: December 16, 2024

1. Acceptance of These Terms

By downloading, installing, or using the Newborn AI mobile application ("Newborn AI," "we," "our," or "us"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use Newborn AI.

2. Eligibility

You must be at least 4 years old (or the minimum age of digital consent in your jurisdiction) and legally capable of forming a binding contract to use Newborn AI. If you are under 18, you represent that you have obtained parental/guardian consent.

3. License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use Newborn AI solely for personal, non-commercial purposes in accordance with these Terms. All rights not expressly granted are reserved by Newborn AI and its licensors.

4. Your Content

Ownership

You retain all rights to photographs and other content ("User Content") you upload.

Processing License

You grant Newborn AI a worldwide, royalty-free license to store, process, and transmit User Content solely to provide the app's photo editing and enhancement features. This license terminates once processing is complete and files are deleted (see Privacy Policy).

Responsibility

You are solely responsible for User Content and warrant that you have all necessary rights to upload it and that it does not infringe any third-party rights or violate any law.

5. Usage & Rate Limits

Unlimited Usage

Newborn AI offers unlimited photo enhancements with no credit system. You can use all features without purchasing credits.

Fair Use Rate Limits

To ensure fair access and maintain service quality for all users, the following rate limits apply:

These limits reset automatically at the end of each period. If you reach a limit, you will need to wait until the next period to continue using the service.

In-App Purchases

Premium features or subscriptions may be offered through Apple's in-app purchase system. Prices, taxes, and payment methods are set by Apple and local regulations.

Refunds

All purchases are final. Any refund requests must be made through Apple in accordance with App Store policies. We cannot issue refunds directly.

6. Prohibited Conduct

You agree not to:

7. Intellectual Property

Newborn AI Materials

The app, logos, trademarks, text, graphics, algorithms, and software are the exclusive property of Newborn AI or its licensors and are protected by copyright and other laws.

Feedback

Any suggestions or feedback you provide may be used by us without obligation to you.

8. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your data and forms part of these Terms.

9. Disclaimers

"AS IS"

Newborn AI is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and accuracy.

No Guarantee of Results

Image-processing outcomes can vary depending on photo quality and other factors. We do not guarantee specific results.

Photos & Data Loss

We are not liable for any loss or corruption of User Content.

10. Limitation of Liability

To the fullest extent permitted by law, Newborn AI, its affiliates, and licensors shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or in connection with your use of Newborn AI, even if we have been advised of the possibility of such damages. Our total liability under these Terms shall not exceed fifty (50) euros.

11. Indemnification

You agree to indemnify and hold harmless Newborn AI, its directors, employees, and partners from and against any claims, damages, liabilities, and expenses arising out of (a) your breach of these Terms, (b) your misuse of Newborn AI, or (c) your violation of any law or third-party right.

12. Termination

By You

You may stop using Newborn AI at any time.

By Us

We may suspend or terminate your access if you violate these Terms, create legal exposure for us, or if we discontinue the service.

Effect of Termination

Clauses that by their nature should survive (e.g., Intellectual Property, Disclaimers, Limitation of Liability) will remain in effect.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of Turkey without regard to conflict-of-laws principles. You and Newborn AI agree to submit to the exclusive jurisdiction of the courts of Turkey for any dispute arising under or in connection with these Terms, unless mandatory consumer laws grant you additional rights in your country of residence.

14. Changes to the Terms

We may update these Terms from time to time. Continuing to use Newborn AI after the effective date constitutes acceptance of the revised Terms.

15. Miscellaneous

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Newborn AI regarding the app.

Severability

If any provision is held invalid, the remaining provisions will remain in full force and effect.

No Waiver

Failure to enforce any right or provision is not a waiver of such right or provision.

Assignment

You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

16. Contact

For questions about these Terms of Service, please contact:

Thank you for choosing Newborn AI to capture your precious memories.

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