Terms of Use — Photo AI Generator
Effective date: July 16, 2026
Company: MobileXApps MB
Address: Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania
Contact: expertaichat@gmail.com
Website: https://mobilexapps.com/sway-ai-terms
Introduction
These Terms of Use ("Terms") govern your use of the Photo AI Generator mobile application ("App") operated by MobileXApps MB, a private limited liability company (Mažoji bendrija) registered in the Republic of Lithuania (registration number: [REG NUMBER]), with its registered address at Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania ("we", "us", "our").
By downloading or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
These Terms are governed by the laws of the Republic of Lithuania and, where applicable, the laws of the European Union. For users in the United States and other jurisdictions, mandatory local consumer protection laws apply in addition to these Terms.
1. Eligibility
You must be at least 13 years old to use the App. If you are a resident of the European Economic Area, you must be at least 16 years old, in accordance with GDPR Article 8.
By using the App, you represent that you meet the applicable age requirement. Upon first launch, you will be asked to confirm your date of birth. If you indicate you are below the minimum age, access to the App will be blocked.
2. License to Use the App
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.
You may not:
- Copy, modify, distribute, or create derivative works of the App.
- Reverse engineer or attempt to extract the source code of the App.
- Use the App to build a competing product or service.
- Use automated tools (bots, scripts, APIs) to access the App or generate content at scale.
- Resell or sublicense access to the App or its outputs to third parties.
3. User Content and License
TL;DR: Your photos are yours. You give us a temporary permission to process them, including any Face Data. That permission ends when your photo and Face Data are deleted from our servers immediately after processing.
You retain all ownership rights to the photos you upload ("User Content"). By uploading a photo, you grant us a limited, non-exclusive, royalty-free, worldwide license to process that photo, including any Face Data extracted from it, solely for the purpose of providing the AI generation service to you ("Company License"). This license is automatically and irrevocably revoked when your photo and associated Face Data are deleted from our servers immediately after the AI generation is completed, as detailed in our Privacy Policy.
You represent and warrant that:
- You own or have the necessary rights and permissions to upload the photos.
- Your photos do not infringe the intellectual property, privacy, or publicity rights of any third party.
- If your photo depicts another person, you have obtained their explicit consent to upload and process that photo using AI, including the processing of any Face Data.
- Your photos do not depict any person under the age of 18.
Before each AI generation, you will be required to confirm: "I confirm that I have the rights to this photo and, where applicable, the explicit consent of any person depicted in it for the processing of their Face Data for AI generation purposes." This confirmation is logged and constitutes your legally binding representation.
Ownership of generated content. The AI-generated images produced from your photos belong to you, subject to any applicable third-party AI model licenses. We do not claim ownership of generated images.
4. Prohibited Uses
You agree not to use the App to:
- Create deepfakes or synthetic media depicting real people without their explicit, documented consent.
- Generate content that is defamatory, harassing, hateful, violent, or otherwise harmful.
- Generate sexually explicit (NSFW) content.
- Upload or process photos of individuals under the age of 18.
- Violate any applicable law or regulation in your jurisdiction.
- Use the App as a commercial AI generation service for third parties.
- Circumvent generation limits through automated means, multiple accounts, or device manipulation.
Violation of these rules may result in immediate and permanent termination of your access to the App without refund.
5. Subscriptions, Tokens, and Payments
TL;DR: Payments go through Apple. Tokens don't expire. Subscriptions auto-renew. We cannot issue refunds directly — contact Apple.
5.1 Free Tier
The App provides 3 free AI generations, permanently tied to your device (Device ID). No payment is required. The free tier is available once per device and cannot be reset by reinstalling the App.
5.2 Subscriptions
Plan Price (USD) Generations Billing
Weekly $4.99 30 per week Auto-renews weekly
Monthly $9.99 60 per month Auto-renews monthly
Yearly — Unlimited Personal Use $79.99 Unlimited (see Section 6) Auto-renews annually
Subscriptions automatically renew at the end of each period unless cancelled at least 24 hours before the renewal date through your Apple ID account settings (Settings → [Your Name] → Subscriptions). Uninstalling the App does not cancel your subscription.
Generation limits for Weekly and Monthly plans reset at the start of each new billing period. Unused generations do not carry over.
5.3 Token Packs (One-Time Purchases)
Pack Price (USD) Tokens
Micro Pack $1.99 10 generations
Pro Pack $17.99 120 generations
Token packs are consumable in-app purchases. Tokens do not expire. When you have both an active subscription and token packs, subscription generations are used first; token pack generations are used only after the subscription limit is reached.
All token pack purchases are final and non-refundable once consumed.
5.4 Payments and Refunds
All payments are processed by Apple Inc. through the App Store. We do not have access to your payment card details. Refunds, if applicable, are governed exclusively by Apple's refund policy . We cannot issue refunds directly. To request a refund, visit reportaproblem.apple.com .
5.5 Price Changes
We may change subscription prices at any time. Price changes will not affect your current subscription period. You will be notified of price changes before your next renewal date.
6. Unlimited Personal Use — Fair Use Policy
TL;DR: "Unlimited Personal Use" means unlimited for normal personal use. It does not cover automated, bulk, or commercial use.
The Yearly plan is named "Unlimited Personal Use" and provides unlimited AI generations for personal, non-commercial purposes. This plan does not permit:
- Automated or scripted generation requests.
- Use of generated content for commercial resale or as part of a third-party service.
- Account sharing between multiple users.
We reserve the right to investigate accounts exhibiting usage patterns consistent with the above prohibited uses. We will notify the account holder before taking any restrictive action and provide an opportunity to respond. We do not apply speed throttling or degraded quality as a means of enforcing this policy — enforcement is limited to account review and, where necessary, suspension.
7. Intellectual Property
The App, its design, code, and all content created by us are the intellectual property of MobileXApps MB and are protected by applicable copyright, trademark, and other laws of the Republic of Lithuania and international treaties. You may not use our trademarks, logos, or brand elements without our prior written consent.
8. Disclaimers
The App is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the App will be uninterrupted, error-free, or that AI-generated results will meet your expectations. AI generation is inherently unpredictable; results may vary. We are not responsible for any AI-generated content that you find objectionable or inaccurate.
9. Limitation of Liability
To the fullest extent permitted by applicable law, MobileXApps MB shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.
Our total liability to you for any claim arising from these Terms shall not exceed the total amount you paid to us in the 12 months preceding the claim.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable EU consumer protection law.
10. Termination
We may suspend or terminate your access to the App at any time if you violate these Terms. Upon termination, your license to use the App ceases immediately. Paid subscription periods already purchased will not be refunded upon termination for cause. Provisions of these Terms that by their nature should survive termination will survive.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Lithuania and, where applicable, the laws of the European Union.
For users in the European Union: Any disputes arising from these Terms shall be resolved in the courts of the Republic of Lithuania. EU consumers retain the right to bring proceedings in the courts of their country of habitual residence. You may also use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr .
For users outside the European Union: Disputes shall be resolved in the courts of the Republic of Lithuania, unless mandatory local law provides otherwise.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes via an in-app notification at least 7 days before the changes take effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms.
13. Contact
MobileXApps MB
Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania
Email: expertaichat@gmail.com
Website: https://mobilexapps.com/sway-ai-terms
For legal inquiries: expertaichat@gmail.com
Company: MobileXApps MB
Address: Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania
Contact: expertaichat@gmail.com
Website: https://mobilexapps.com/sway-ai-terms
Introduction
These Terms of Use ("Terms") govern your use of the Photo AI Generator mobile application ("App") operated by MobileXApps MB, a private limited liability company (Mažoji bendrija) registered in the Republic of Lithuania (registration number: [REG NUMBER]), with its registered address at Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania ("we", "us", "our").
By downloading or using the App, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the App.
These Terms are governed by the laws of the Republic of Lithuania and, where applicable, the laws of the European Union. For users in the United States and other jurisdictions, mandatory local consumer protection laws apply in addition to these Terms.
1. Eligibility
You must be at least 13 years old to use the App. If you are a resident of the European Economic Area, you must be at least 16 years old, in accordance with GDPR Article 8.
By using the App, you represent that you meet the applicable age requirement. Upon first launch, you will be asked to confirm your date of birth. If you indicate you are below the minimum age, access to the App will be blocked.
2. License to Use the App
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes, subject to these Terms.
You may not:
- Copy, modify, distribute, or create derivative works of the App.
- Reverse engineer or attempt to extract the source code of the App.
- Use the App to build a competing product or service.
- Use automated tools (bots, scripts, APIs) to access the App or generate content at scale.
- Resell or sublicense access to the App or its outputs to third parties.
3. User Content and License
TL;DR: Your photos are yours. You give us a temporary permission to process them, including any Face Data. That permission ends when your photo and Face Data are deleted from our servers immediately after processing.
You retain all ownership rights to the photos you upload ("User Content"). By uploading a photo, you grant us a limited, non-exclusive, royalty-free, worldwide license to process that photo, including any Face Data extracted from it, solely for the purpose of providing the AI generation service to you ("Company License"). This license is automatically and irrevocably revoked when your photo and associated Face Data are deleted from our servers immediately after the AI generation is completed, as detailed in our Privacy Policy.
You represent and warrant that:
- You own or have the necessary rights and permissions to upload the photos.
- Your photos do not infringe the intellectual property, privacy, or publicity rights of any third party.
- If your photo depicts another person, you have obtained their explicit consent to upload and process that photo using AI, including the processing of any Face Data.
- Your photos do not depict any person under the age of 18.
Before each AI generation, you will be required to confirm: "I confirm that I have the rights to this photo and, where applicable, the explicit consent of any person depicted in it for the processing of their Face Data for AI generation purposes." This confirmation is logged and constitutes your legally binding representation.
Ownership of generated content. The AI-generated images produced from your photos belong to you, subject to any applicable third-party AI model licenses. We do not claim ownership of generated images.
4. Prohibited Uses
You agree not to use the App to:
- Create deepfakes or synthetic media depicting real people without their explicit, documented consent.
- Generate content that is defamatory, harassing, hateful, violent, or otherwise harmful.
- Generate sexually explicit (NSFW) content.
- Upload or process photos of individuals under the age of 18.
- Violate any applicable law or regulation in your jurisdiction.
- Use the App as a commercial AI generation service for third parties.
- Circumvent generation limits through automated means, multiple accounts, or device manipulation.
Violation of these rules may result in immediate and permanent termination of your access to the App without refund.
5. Subscriptions, Tokens, and Payments
TL;DR: Payments go through Apple. Tokens don't expire. Subscriptions auto-renew. We cannot issue refunds directly — contact Apple.
5.1 Free Tier
The App provides 3 free AI generations, permanently tied to your device (Device ID). No payment is required. The free tier is available once per device and cannot be reset by reinstalling the App.
5.2 Subscriptions
Plan Price (USD) Generations Billing
Weekly $4.99 30 per week Auto-renews weekly
Monthly $9.99 60 per month Auto-renews monthly
Yearly — Unlimited Personal Use $79.99 Unlimited (see Section 6) Auto-renews annually
Subscriptions automatically renew at the end of each period unless cancelled at least 24 hours before the renewal date through your Apple ID account settings (Settings → [Your Name] → Subscriptions). Uninstalling the App does not cancel your subscription.
Generation limits for Weekly and Monthly plans reset at the start of each new billing period. Unused generations do not carry over.
5.3 Token Packs (One-Time Purchases)
Pack Price (USD) Tokens
Micro Pack $1.99 10 generations
Pro Pack $17.99 120 generations
Token packs are consumable in-app purchases. Tokens do not expire. When you have both an active subscription and token packs, subscription generations are used first; token pack generations are used only after the subscription limit is reached.
All token pack purchases are final and non-refundable once consumed.
5.4 Payments and Refunds
All payments are processed by Apple Inc. through the App Store. We do not have access to your payment card details. Refunds, if applicable, are governed exclusively by Apple's refund policy . We cannot issue refunds directly. To request a refund, visit reportaproblem.apple.com .
5.5 Price Changes
We may change subscription prices at any time. Price changes will not affect your current subscription period. You will be notified of price changes before your next renewal date.
6. Unlimited Personal Use — Fair Use Policy
TL;DR: "Unlimited Personal Use" means unlimited for normal personal use. It does not cover automated, bulk, or commercial use.
The Yearly plan is named "Unlimited Personal Use" and provides unlimited AI generations for personal, non-commercial purposes. This plan does not permit:
- Automated or scripted generation requests.
- Use of generated content for commercial resale or as part of a third-party service.
- Account sharing between multiple users.
We reserve the right to investigate accounts exhibiting usage patterns consistent with the above prohibited uses. We will notify the account holder before taking any restrictive action and provide an opportunity to respond. We do not apply speed throttling or degraded quality as a means of enforcing this policy — enforcement is limited to account review and, where necessary, suspension.
7. Intellectual Property
The App, its design, code, and all content created by us are the intellectual property of MobileXApps MB and are protected by applicable copyright, trademark, and other laws of the Republic of Lithuania and international treaties. You may not use our trademarks, logos, or brand elements without our prior written consent.
8. Disclaimers
The App is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the App will be uninterrupted, error-free, or that AI-generated results will meet your expectations. AI generation is inherently unpredictable; results may vary. We are not responsible for any AI-generated content that you find objectionable or inaccurate.
9. Limitation of Liability
To the fullest extent permitted by applicable law, MobileXApps MB shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.
Our total liability to you for any claim arising from these Terms shall not exceed the total amount you paid to us in the 12 months preceding the claim.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable EU consumer protection law.
10. Termination
We may suspend or terminate your access to the App at any time if you violate these Terms. Upon termination, your license to use the App ceases immediately. Paid subscription periods already purchased will not be refunded upon termination for cause. Provisions of these Terms that by their nature should survive termination will survive.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Lithuania and, where applicable, the laws of the European Union.
For users in the European Union: Any disputes arising from these Terms shall be resolved in the courts of the Republic of Lithuania. EU consumers retain the right to bring proceedings in the courts of their country of habitual residence. You may also use the EU Online Dispute Resolution platform: ec.europa.eu/consumers/odr .
For users outside the European Union: Disputes shall be resolved in the courts of the Republic of Lithuania, unless mandatory local law provides otherwise.
12. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes via an in-app notification at least 7 days before the changes take effect. Your continued use of the App after the effective date constitutes acceptance of the updated Terms.
13. Contact
MobileXApps MB
Eduardo Andre g. 14-5, 02231 Vilnius, Lithuania
Email: expertaichat@gmail.com
Website: https://mobilexapps.com/sway-ai-terms
For legal inquiries: expertaichat@gmail.com