Terms of Service

AGREEMENT TO OUR LEGAL TERMS

We are AppSurge commv (APPSURGE) ("Company," "we," "us," "our"), developer of AIPGEN and AIVGEN.

We operate the mobile applications AIPGEN (AI Picture Generator) and AIVGEN (AI Video Generator) (the "Apps"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

AIPGEN is your professional AI-powered photo editor featuring object removal, photo restoration, group photo creation, and artistic transformations. AIVGEN is our AI video generator that transforms images into stunning videos using advanced AI models.

You can contact us by email at info@aipgen.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and AppSurge commv (APPSURGE), concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

TABLE OF CONTENTS

1. OUR SERVICES

The Services provide AI-powered photo editing and video generation capabilities through mobile applications. AIPGEN offers professional photo editing features including object removal, photo restoration, group photo creation, and artistic transformations through third-party AI services (including Replicate and other AI model providers). AIVGEN provides AI video generation from images using the models available in the installed app.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. PURCHASES AND PAYMENT

AIPGEN offers in-app purchases. Prices, billing periods, included access and any trial are shown in the purchase screen for your platform and country. AIVGEN uses a separate credit-based offer. Apple or Google processes purchases made through its store; check the applicable store terms before confirming a purchase.

5. SUBSCRIPTIONS

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.

Cancellation

For an Apple subscription, use the steps below. For an Android subscription, use Google Play’s subscription controls. Cancellation and refunds are different processes; your applicable store terms and mandatory consumer rights still apply. See Apple’s current cancellation instructions.

1. Open Settings on your device
2. Tap on your Apple ID at the top of the screen
3. Select Subscriptions
4. Find the subscription you want to cancel and tap on it
5. Tap Cancel Subscription and follow the on-screen instructions

6. SOFTWARE

We may include software for use in connection with our Services. We grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Circumvent, disable, or otherwise interfere with security-related features of the Services
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services
• Engage in any automated use of the system, such as using scripts or bots
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Use the Services for any revenue-generating endeavor or commercial enterprise
• Upload or process content that violates third-party AI service provider terms or policies
• Attempt to reverse engineer or access third-party AI processing systems

8. THIRD-PARTY AI SERVICES

AIPGEN utilizes third-party AI services (including Replicate and other AI model providers) to process your images and prompts. By using our Services, you acknowledge and agree that:

• Your content will be transmitted to and processed by these third-party services
• These services have their own terms of service and privacy policies
• The current privacy policy describes the relevant providers and safeguards; no service can guarantee absolute security
• Data processing and retention are described in the current app privacy policy; immediate deletion by every provider is not guaranteed
• You are responsible for ensuring your content complies with third-party service terms

9. MOBILE APPLICATION LICENSE

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

Apple and iOS Devices

The following terms apply when you use the App obtained from the Apple App Store: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating system; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license; (3) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

10. PRIVACY POLICY

We care about data privacy and security. The privacy policy explains our handling of personal information. Using the Services does not by itself provide consent for processing that legally requires separate consent. AIPGEN uses third-party AI services for content generation. Read the current app privacy policy for the data handled by each app, retention, deletion controls and your rights.

11. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. We may restrict access where necessary to address a material breach of these terms, fraud, security threats or legal requirements. Any restriction remains subject to applicable notice requirements and mandatory consumer rights, including any right to a remedy or refund.

12. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. AI outputs can contain errors and require review. This description does not remove statutory guarantees, digital-content conformity rights or other rights that applicable law does not allow us to exclude.

13. LIMITATIONS OF LIABILITY

Any exclusion or limitation of liability applies only to the extent permitted by applicable law. Nothing in these terms excludes liability that cannot lawfully be excluded or limits mandatory consumer rights and remedies.

14. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of Belgium, without regard to its conflict of law provisions. If you are a consumer located in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident.

15. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: