Terms of Use

Effective Date: March 31, 2025

Greetings and welcome to PhotoDreams ("Company", "we", "us" or "our"), a mobile technology company focused on developing products related to deep learning.

These Terms of Use (these "Terms") apply to all Users and others ("you", "User", as applicable) who access or use ("Use", "Using") our web or mobile application PhotoDreams ("PhotoDreams" or "application"), and website.

Using PhotoDreams implies your acceptance of these Terms. If you do not agree to these Terms, which include the mandatory arbitration provision and class action waiver stated in Section 15 (Dispute Resolution; Binding Arbitration), refrain from using PhotoDreams. Your ongoing use of PhotoDreams serves as confirmation of your acceptance of these Terms.

These Terms represent a binding agreement between you and us. By using PhotoDreams, you accept and agree to these Terms either on your behalf or on behalf of the entity you represent. If you use PhotoDreams for someone else or an organization, you acknowledge that you have the necessary authorization to accept these Terms on their behalf.

BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS AND CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or PhotoDreams, please contact us via email at arne.strickmann@googlemail.com.

NOTE: PhotoDreams provides users with the ability to generate personalized avatar images ("Avatars") using its Neural Network Model Stable Diffusion. To ensure that users understand how the technology works, we refer to their API description that provides detailed explanations.

Here is a comprehensive summary of how it works:

  • To create personalized avatars, users upload between 10 to 20 photos and select their gender. A copy of the Stable Diffusion model is then retrained using the uploaded data. This enables the model to generate unique avatars that reflect the individual characteristics of the user.
  • Once the avatars have been generated, the uploaded photos are permanently deleted from our servers. However, we retain the fine-tuned model to support future features and functionalities for users.
  • To ensure that the avatars are used appropriately, we have implemented restrictions on their use in certain cases, such as the use of nude photos or photos of other individuals without their consent.

1. Description of Service

PhotoDreams is an AI-based software application that allows users to edit and transform their photos. Using the application, users can upload their photos, and generate personalized images. It is important to note that any processing of the photos submitted through PhotoDreams is subject to our Privacy Policy.

2. Eligibility

To utilize the service of PhotoDreams (generate Avatars and any other feature and functionality we might or might not add in future), you must have attained the age of majority as required by applicable laws. In the event that you become aware of anyone below the age of majority using the feature, kindly notify us immediately by contacting us at arne.strickmann@googlemail.com.

3. User Accounts and Account Security

In order to access certain features or functionalities of PhotoDreams, it may be necessary to create an account with us ("Account"), which is subject to the terms and conditions of this agreement. By creating an Account, you agree to provide accurate, current, and complete information, and to maintain and promptly update such information as necessary.

4. Privacy

Kindly refer to our Privacy Policy for comprehensive details on how we gather, handle, and transmit your personal information when you utilize PhotoDreams. The transfer and storage of your data during your use of PhotoDreams is subject to the guidelines outlined in our Privacy Policy.

5. User Content

TL;DR:

PhotoDreams allows you to upload your personal photos and create unique Avatars. It is important to note that both the original content and AI-generated content that you have purchased (only the purchased ones) are owned by you, and we do not claim any ownership over your content.

6. Prohibited Conduct and Content

PhotoDreams gives you the ability to use AI as a tool to create Avatars, the same way as you would use any other image creation tools or applications. We hold all of the rights to the Avatars you generate through our AI. By buying them, you purchase the right of ownership.

7. Limited License; Copyright and Trademark

PhotoDreams, inclusive of its text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, tools, and other content, excluding your User Content, are either owned or licensed by us and are protected under both European and foreign laws.

8. In-App Purchase and Subscriptions

Some functionalities and features of the application are free of charge if you refer a friend. We also offer one-time payments and subscription plans that provide access to enhanced services and additional features for a fee ("Purchased Content").

9. Feedback

We appreciate and encourage any Feedback that you may have regarding PhotoDreams. You may submit Feedback by contacting us directly at arne.strickmann@googlemail.com, or via reviews in Apple App Store or Google Play.

10. Indemnification

To the maximum extent permissible under applicable law, you agree to indemnify, defend and hold harmless us, and each of our officers, directors, agents, partners, and employees from and against any losses, liabilities, claims, demands, damages, expenses, or costs.

11. Disclaimers

TL;DR:

We acknowledge that unexpected outcomes may arise despite our best efforts, and we make no claims or guarantees as to the flawless performance of PhotoDreams. While we endeavor to ensure the safety of our AI, the generation of Avatars remains a highly unpredictable process.

12. Limitation of Liability

The Company and other Company Parties shall not be held liable to you under any theory of liability for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits.

13. Changes to These Terms

The Company reserves the right to modify these Terms at any time. We will post any changes to these Terms and update the "Effective date" above.

14. Electronic Communications

By using PhotoDreams, you agree to receive electronic communications from us, which may include emails, push notifications, and posted notices on PhotoDreams.

15. Termination

In our sole discretion, we reserve the right to terminate your right to use PhotoDreams without notice. We shall not be held liable for any losses or harm suffered as a result of your inability to use PhotoDreams.

16. How to Contact Us

If you have any questions, complaints or claims with respect to these Terms or PhotoDreams, please contact us via email at arne.strickmann@googlemail.com

17. Miscellaneous

These Terms constitute the entire agreement between you and us regarding the use of PhotoDreams, and they replace any prior oral or written agreements between you and the Company on the same subject.

Last updated: March 31, 2025

© 2024 PhotoDreams. All rights reserved.