Terms of Use

1 About Photine

Photine is an iPhone app: shoot or import a photo, choose a style, and in seconds you have a finished artwork (an "artwork"). The current styles are crafted by AI.

The operator is Jiang Zhongqing ("we", "us" or "our"), reachable at support@photine.app.

By using the app you agree to these terms and to the Privacy Policy. These terms supplement Apple's Licensed Application End User License Agreement (the Standard EULA); where the two conflict, whichever gives you more protection applies.

2 Eligibility

You must be at least 16 years old and have a working Apple Account and an iPhone. Users under 18 must first get a parent's or guardian's consent.

3 Your photos and artworks

• Your photos: you warrant that you hold the necessary rights to the photos you submit, including rights in other people's works that appear in them and the likeness rights of the people photographed. If other people appear in a photo, you warrant that you have their necessary consent. You may not upload photos that infringe third parties' rights.
• Your artworks: we claim no rights in the artworks you craft. You may use them freely, including for commercial purposes, to the extent the law and third parties' rights allow. Please understand that:
  • artworks made by AI may not be protected by copyright;
  • different users may obtain similar results;
  • we do not guarantee that an artwork does not infringe third parties' rights; you should judge for yourself whether a use is appropriate.
• We do not keep your artworks for any other purpose (see the Privacy Policy).

4 What you may not do

You may not use the app to:

• craft or distribute content that is illegal, infringing, hateful, pornographic, violent or deceptive;
• upload private photos of other people taken without their consent;
• upload photos containing sensitive personal information, such as medical records, medical certificates or identity documents;
• identify who a person in a photo is, or imitate someone's appearance without their consent;
• attempt to reverse-engineer or circumvent the app's security or counting mechanisms;
• call it in bulk by automated means.

We have zero tolerance for the content and conduct above; if you breach this section, we may stop providing the service to you under section 9.

The AI model provider may refuse certain photos under its safety policies; if a photo is refused, it does not count.

5 Artwork counts

5.1 What artwork counts are. An "artwork count" is a right to use the service to craft artworks; each finished artwork uses 1. Artwork counts are not money, electronic money or securities. There are three kinds:

• (a) Monthly artworks: while you subscribe to Artisan, they are granted at the start of each monthly period and expire at the end of that period; they do not roll over. Yearly plans are also granted them monthly.
• (b) Pack artworks: bought in an Artwork Pack, which you can buy without subscribing to Artisan. Pack artworks never expire and remain usable after Artisan ends; artworks crafted with them carry no watermark either.
• (c) Free artworks: new users can craft a number of artworks for free (granted only once per person and per device). When saved or shared, artworks crafted with them get a watermark beneath them: a strip bearing the Photine name and a QR code.

The number of each kind (how many are granted each month, how many an Artwork Pack contains and how many are free) and the conditions for buying Artwork Packs are as shown in the app when you buy or use them. We may change these numbers and conditions. Artworks already granted to you are not affected, and for existing subscribers a change to monthly artworks takes effect from the next renewal period and is announced in the app or on photine.app beforehand.

5.2 Artisan artworks. Artworks crafted during Artisan carry no watermark. When the subscription activates, the free artworks already on this device are also unlocked for watermark-free export; this unlock is permanent and is not withdrawn when Artisan ends.

5.3 Order of use. If you hold more than one kind, they are used in this order: this month's artworks, then pack artworks, then free artworks.

5.4 Counting rule. An artwork counts as 1 when it is finished and viewable; nothing is counted if crafting fails, the connection drops or a safety policy refuses it. "One more" crafts a new artwork and also counts as 1.

5.5 Transfers and refunds.

• Artwork counts may not be transferred, sold, lent or exchanged for cash, and may not be moved between customer identifiers, except as described in 5.6.
• Purchases are handled by Apple. To request a refund, apply to Apple under Apple's rules; Apple decides whether to grant it, and we do not issue refunds directly. This does not apply where we could not provide the service for reasons attributable to us, or where the law requires a refund.
• If Apple grants a refund, the corresponding unused artworks are revoked.

5.6 Changing phones.

• Your Artwork Pack balance is associated with an identifier saved in your iCloud Keychain, not with your Apple Account. If iCloud Keychain is off, your balance may not carry over automatically when you change phones or reinstall.
• A subscription can be recovered with "Restore purchases"; Artwork Pack balances are not covered by "Restore purchases".
• If your balance does not carry over, contact support. Once we have confirmed, from Apple's purchase records and other reasonably necessary materials, that you made the purchase and what your balance was before the move, we move the unused Artwork Pack balance to the new identifier and set the old identifier's balance to zero at the same time. If we cannot confirm this, or if we suspect misuse, we may be unable to move it.

5.7 End of service. If we end the service, we will give at least 30 days' notice. Unused pack artworks will, at your request, be refunded at the purchase price, or handled as the law requires.

6 Subscriptions, payment and refunds

• How you subscribe: Artisan is an auto-renewing subscription bought through Apple's App Store, billed monthly or yearly. The price is the local price shown in the App Store before you confirm the purchase.
• Automatic renewal: unless you cancel at least 24 hours before the end of the current period, the subscription renews automatically for the same period at the same price, and Apple charges you.
• Switching between monthly and yearly: you can switch in iPhone Settings › [your name] › Subscriptions, or from Me › Plan › Manage subscription in the app. The switch takes effect when the current period ends; after that, Apple charges you for the new plan's period at its price. You keep the current period until it ends; there are no prorated refunds for part of a period.
• How to cancel: cancel in iPhone Settings › [your name] › Subscriptions, or, while subscribed, go to Me › Plan › Manage subscription in the app to open Apple's subscription management page directly. After cancelling, you keep access until the end of the current period and are not charged again; there are no prorated refunds for part of a period.
• Refunds: payment, invoices and refunds are all handled by Apple under the Apple Media Services Terms and Conditions. If a subscription is refunded or revoked, the artworks remaining for that period are deducted accordingly; artworks already crafted are unaffected.
• Price changes: we may change prices or plans. Before a price change, Apple and we will notify you in advance. Under Apple's rules, some changes require your consent; if you do not consent, the subscription ends when the current period expires.

7 Availability and changes to the service

Crafting depends on the network, our servers and third-party AI models. We do our best to keep the service available, but we do not guarantee that it will be uninterrupted, error-free or available forever. We may update styles, models and features, and we may also discontinue the service. If we discontinue it, section 5.7 applies; the artworks you have saved to your device are unaffected.

8 Warranties and limitation of liability

1. The service uses generative AI, so the content, quality and style of the results may not match your expectations. If crafting fails, it does not count.
2. Artworks are kept on your device; we do not keep long-term copies. Please back them up yourself: we cannot restore artworks lost because a device fails or is lost, the app is deleted, or for similar reasons.
3. We are not liable when the service is interrupted or unavailable for reasons not attributable to us, such as natural disasters, failures of communication lines, or the suspension or failure of third-party services such as those of Apple or AI model providers.
4. If you suffer damage for reasons attributable to us, we are liable to compensate you.
5. In the case described in item 4, except where we act intentionally or with gross negligence, our liability is limited to ordinary, direct damage that has actually occurred, and in total is capped at the higher of:
   • the total amount you paid for the service in the 12 months before the date on which the cause of the damage arose;
   • 10,000 yen.
6. Where we act intentionally or with gross negligence, the limit in item 5 does not apply.
7. This section does not limit any rights you have under Japan's Consumer Contract Act or other mandatory provisions of law.

9 Termination

You may stop using the app and delete it at any time. If you seriously breach these terms, we may stop providing the service to you; what you have already purchased is handled under Apple's rules.

10 Governing law and jurisdiction

1. These terms are governed by the laws of Japan. If you are a consumer whose habitual residence is outside Japan, this does not take away the protection given to you by the mandatory provisions of the law of your habitual residence.
2. For disputes with users domiciled in Japan concerning these terms or the service, the summary court or district court with jurisdiction over the operator's domicile, depending on the amount in dispute, has exclusive agreed jurisdiction as the court of first instance.
3. Item 2 does not apply to consumers domiciled outside Japan; for them, the competent court is determined by the applicable law.

11 Changes and contact

We change these terms only where the change is in your general interest, or is reasonable and consistent with the purpose of these terms. Before a change takes effect, we publish its content and effective date on photine.app and update the effective date and version at the top of this page; material changes are published with reasonable notice before they take effect, and announced in the app where feasible. Contact: support@photine.app.