Privacy Policy

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GlowUp AI

GlowUp AI

This privacy policy applies specifically to the GlowUp AI application.

# GlowUpAI Privacy Policy & Terms of Use

**Last Updated:** November 08, 2025

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# PRIVACY POLICY

## 1. Data Controller

**Legal Entity:** Evanor LLP
**Registration Number:** LL0002659
**Location:** Vancouver, V5P 3V6, British Columbia, Canada
**Contact Email:** evanor@evanorstudio.com
**Website:** evanorstudio.com

Evanor LLP ("we," "us," or "our") is the data controller responsible for your personal information collected through the GlowUpAI mobile application ("App").

---

## 2. Information We Collect

### 2.1 Account Information
When you create an account, we collect:
- **Email address** (for account identification and communication)
- **Display name** (chosen by you during registration)
- **Password** (encrypted and securely stored via Firebase Authentication)
- **Google account information** (if you sign in with Google: email, profile name, profile picture)
- **Referral code** (optional, if provided during registration)

### 2.2 Device Information
To prevent fraud and abuse, we collect:
- **Device ID** (Android device identifier)
- **Device model and operating system version**
- **App version**

**Note:** Device ID collection is used solely for fraud prevention (e.g., preventing multiple accounts from the same device to exploit free token rewards). This data is retained even after account deletion to prevent re-registration abuse.

### 2.3 Usage Data
We automatically collect:
- **Token balance and transaction history** (earned, purchased, spent tokens)
- **AI image generation history** (prompts you entered, generation timestamps)
- **Ad viewing data** (number of ads watched, timestamps)
- **Referral activity** (referral codes used, successful referrals)
- **App usage statistics** (features used, session duration)
- **Error logs and crash reports**

### 2.4 User-Generated Content
- **AI-generated images** (stored locally on your device)
- **Image prompts** (text descriptions you provide for AI generation)
- **Uploaded photos** (processed locally and sent to our servers only during AI generation)

### 2.5 Purchase Information
When you purchase tokens via Google Play In-App Purchases:
- **Transaction ID** (Google Play purchase receipt)
- **Product ID** (which token package was purchased)
- **Purchase timestamp**
- **Purchase amount** (from Google Play)

**Note:** Payment information (credit card details) is handled entirely by Google Play. We never receive or store your payment credentials.

---

## 3. Third-Party Services & Data Sharing

We use the following third-party services that may collect and process your data:

### 3.1 Firebase (Google LLC)
**Services used:**
- **Firebase Authentication:** Account creation, login, password management
- **Cloud Firestore:** Storage of user profiles, token balances, statistics, referral data
- **Cloud Functions:** Server-side logic for token transactions, AI generation, purchase validation
- **Firebase Analytics:** App usage analytics, event tracking

**Data shared:** Email, device ID, usage statistics, token transactions
**Privacy Policy:** https://firebase.google.com/support/privacy
**Location:** Data stored in United States (Google Cloud us-central1 region)

### 3.2 Google Sign-In (Google LLC)
**Purpose:** Optional authentication method
**Data shared:** Google account email, profile name, profile picture
**Privacy Policy:** https://policies.google.com/privacy

### 3.3 Google AdMob (Google LLC)
**Purpose:** Rewarded video advertisements (watch ads to earn tokens)
**Data collected by AdMob:**
- Device advertising ID (for personalized ads)
- IP address
- Device type and OS
- Ad interaction data

**Privacy Policy:** https://support.google.com/admob/answer/6128543
**Ad Personalization:** You can opt out of personalized ads in your device settings (Settings > Google > Ads > Opt out of Ads Personalization)

### 3.4 OpenRouter AI (OpenRouter API)
**Purpose:** AI image generation (processes your uploaded photos and prompts)
**Data shared:**
- Uploaded images (temporarily, during generation only)
- Text prompts
- Generation parameters

**Data retention:** OpenRouter processes images in real-time and does not permanently store your uploaded photos. Generated images are returned to you and stored only on your device.
**Privacy Policy:** https://openrouter.ai/privacy
**Model used:** Google Gemini 2.5 Flash Image model

### 3.5 Google Play Billing (Google LLC)
**Purpose:** In-app purchase processing
**Data shared:** Transaction receipts (validated server-side to prevent fraud)
**Privacy Policy:** https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice

---

## 4. How We Use Your Data

We use your information for the following purposes:

### 4.1 Account Management
- Create and maintain your account
- Authenticate your identity
- Provide password reset functionality
- Manage your profile settings

### 4.2 Token Economy
- Track your token balance (free and purchased tokens)
- Process token earnings (ads, referrals, app ratings)
- Deduct tokens for AI image generation
- Validate and process in-app purchases
- Enforce daily limits (to prevent abuse)

### 4.3 AI Image Generation
- Process your uploaded photos
- Generate AI-enhanced images based on your prompts
- Store generation history (for your gallery)

### 4.4 Fraud Prevention
- Prevent multiple account creation from the same device
- Detect and block referral abuse
- Validate purchase receipts
- Enforce rate limits on AI generation

### 4.5 Advertising
- Display rewarded video ads
- Verify ad completion before granting tokens
- Frequency capping (prevent excessive ad requests)

### 4.6 Referral System
- Track referral codes and successful referrals
- Award tokens to both referrer and referred users
- Prevent self-referrals and referral fraud

### 4.7 App Improvement
- Analyze app usage patterns
- Identify and fix bugs
- Improve user experience
- Develop new features

### 4.8 Legal Compliance
- Comply with legal obligations
- Enforce our Terms of Use
- Respond to legal requests (e.g., court orders)

---

## 5. Data Retention

### 5.1 Active Accounts
We retain your data for as long as your account is active.

### 5.2 Account Deletion
You can delete your account at any time via Settings > Delete Account.

**Upon account deletion:**
-**Deleted:** Email, display name, profile data, token balance, purchase history, referral data, generation history
- ⚠️ **Retained:** Device ID and email address (stored in a separate "used identities" database)

**Why we retain Device ID and Email:**
To prevent abuse, we must prevent users from deleting their account and immediately creating a new one to exploit new user rewards (e.g., free locked tokens, referral bonuses). This is a common fraud prevention practice.

This retained data contains:
- Hashed email address
- Device ID
- Registration timestamp

**Retention period:** Indefinitely (for fraud prevention purposes)

**Note:** This retained data is NOT linked to your account and cannot be used to identify you or your activity after deletion.

### 5.3 Inactive Accounts
If you do not log in for **2 years**, we may delete your account and associated data (except fraud prevention data as described above).

### 5.4 Generated Images
AI-generated images are stored **locally on your device** only. We do not store your generated images on our servers. If you delete the app or clear app data, these images will be permanently lost.

---

## 6. Data Security

We implement industry-standard security measures to protect your data:

### 6.1 Encryption
- **In transit:** All data transmitted between the app and our servers is encrypted using HTTPS/TLS
- **At rest:** Passwords are hashed using Firebase Authentication's secure algorithms
- **Database:** Cloud Firestore security rules restrict data access to authenticated users only

### 6.2 Access Control
- Server-side validation for all token transactions (prevents client-side manipulation)
- Role-based access (users can only access their own data)
- Admin access is restricted and logged

### 6.3 Third-Party Security
All third-party services (Firebase, AdMob, OpenRouter) are SOC 2 Type II certified and comply with industry security standards.

### 6.4 Limitations
**Important:** While we implement strong security measures, no system is 100% secure. You are responsible for:
- Keeping your password confidential
- Logging out on shared devices
- Reporting any suspected unauthorized access to evanor@evanorstudio.com ### 6.5 Prohibited Uses In cases of fraud, abuse, or violations of these Terms, we reserve the right to immediately suspend or terminate your account without prior notice. We may also pursue appropriate legal action and cooperate with law enforcement authorities.

---

## 7. Your Rights (GDPR & CCPA)

If you are located in the European Union (GDPR) or California (CCPA), you have the following rights:

### 7.1 Right to Access
Request a copy of all personal data we hold about you.

### 7.2 Right to Rectification
Request correction of inaccurate or incomplete data.

### 7.3 Right to Deletion ("Right to be Forgotten")
Request deletion of your account and associated data (subject to fraud prevention exceptions as described in Section 5.2).

### 7.4 Right to Data Portability
Request your data in a structured, machine-readable format (JSON export).

### 7.5 Right to Restrict Processing
Request limitation of how we process your data.

### 7.6 Right to Object
Object to processing of your data for specific purposes (e.g., analytics).

### 7.7 Right to Withdraw Consent
Withdraw consent for data processing at any time (e.g., opt out of personalized ads).

### 7.8 How to Exercise Your Rights
Email us at: **evanor@evanorstudio.com** with subject line "GlowUpAI - Data Rights Request"

We will respond as required by applicable law.

---

## 8. International Data Transfers

**Data Location:** Your data is stored on Google Cloud Platform servers located in the **United States (us-central1 region)**.

If you are located outside the United States (e.g., EU, Canada, Asia), your data will be transferred to and processed in the United States.

**Legal Basis for Transfer:**
- **EU users:** We rely on Google's EU-US Data Privacy Framework certification and Standard Contractual Clauses (SCCs)
- **Other regions:** You consent to this transfer by using the App

Google Cloud is certified under:
- EU-US Data Privacy Framework
- ISO 27001, ISO 27017, ISO 27018
- SOC 2 Type II

More info: https://cloud.google.com/security/compliance

---

## 9. Children's Privacy

**Age Restriction:** GlowUpAI is **NOT intended for children under 13 years of age**.

We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us at evanor@evanorstudio.com, and we will delete the account immediately.

**Note for parents:** The app contains:
- In-app purchases (token packages)
- Advertisements (video ads)
- AI-generated content (which may produce unpredictable results)

We recommend parental supervision if used by teenagers (13-17 years old).

---

## 10. Cookies & Tracking Technologies

### 10.1 Cookies
The app does not use traditional browser cookies. However, we use:
- **Local Storage:** To cache your token balance and app settings (stored on your device only)
- **Firebase Analytics:** Uses device identifiers for analytics tracking

### 10.2 Advertising ID
AdMob uses your **Google Advertising ID** (Android) to serve personalized ads.

**Opt-out:**
- Android: Settings > Google > Ads > Opt out of Ads Personalization
- You will still see ads, but they will be non-personalized

### 10.3 Do Not Track
The app does not respond to "Do Not Track" signals, as this is a mobile app (not a website). However, you can opt out of analytics via device settings.

---

## 11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Changes will be effective immediately upon posting the updated policy in the app.

**Notification:**
- **Minor changes:** Updated "Last Updated" date at the top of this document
- **Material changes:** In-app notification on next app launch

**Your continued use of the app after changes constitutes acceptance of the updated policy.**

We encourage you to review this policy periodically.

---

## 12. Google Play Data Safety Disclosure

The following table summarizes data collection for Google Play Store's Data Safety section:

| Data Type | Collected? | Purpose | Shared with Third Parties? |
|-----------|------------|---------|----------------------------|
| Email address | ✅ Yes | Account management | ✅ Firebase (Google) |
| Name (Display Name) | ✅ Yes | Profile display | ✅ Firebase (Google) |
| User ID | ✅ Yes | Account identification | ✅ Firebase (Google) |
| Device ID | ✅ Yes | Fraud prevention | ✅ Firebase (Google) |
| Purchase history | ✅ Yes | Token purchases | ✅ Google Play Billing |
| Photos | ✅ Yes | AI image generation | ✅ OpenRouter AI (temporary) |
| App activity | ✅ Yes | Analytics | ✅ Firebase Analytics |
| Advertising ID | ✅ Yes | Ad serving | ✅ Google AdMob |
| Crash logs | ✅ Yes | App stability | ✅ Firebase Crashlytics |
| Device info | ✅ Yes | Compatibility | ✅ Firebase Analytics |

**Data Security:**
- ✅ Data is encrypted in transit (HTTPS)
- ✅ You can request data deletion
- ❌ Data is NOT encrypted at rest (standard Firestore storage)

---

## 13. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or your personal data:

**Email:** evanor@evanorstudio.com
**Subject Line:** GlowUpAI - Privacy Inquiry

**Mailing Address:**
Evanor LLP
Vancouver, V5P 3V6
British Columbia, Canada

---

---

# TERMS OF USE

## 1. Acceptance of Terms

By downloading, installing, or using the GlowUpAI mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the App.

**Legal Agreement:** These Terms constitute a legally binding agreement between you and Evanor LLP.

**Important Information:**
- This App uses experimental AI technology provided by third parties, which may produce unpredictable results
- Tokens are consumed when you initiate image generation, regardless of the outcome
- All purchases are final and non-refundable
- Our liability is limited as described in Section 9
- You are responsible for how you use AI-generated content

By continuing to use the App, you accept these terms in their entirety.

---

## 2. Service Description

GlowUpAI is an AI-powered image enhancement mobile application that allows users to:
- Upload photos and generate AI-enhanced versions using third-party AI models (OpenRouter/Gemini)
- Earn tokens by watching rewarded video ads, rating the app, or referring friends
- Purchase token packages via Google Play In-App Purchases
- Use tokens to generate AI-enhanced images (1 token per generation)

**Please Note:**
- **Experimental Technology:** AI image generation is experimental and may produce unpredictable, distorted, low-quality, or unusable results
- **Third-Party Service:** We use OpenRouter's Gemini AI model, which is beyond our control. We are not responsible for AI failures, errors, or inappropriate outputs
- **Non-Refundable:** Tokens are consumed immediately when you initiate generation, regardless of the outcome (see Section 4.2 for details)
- **User Responsibility:** By using this service, you accept full responsibility for the results

---

## 3. Eligibility

### 3.1 Age Requirement
You must be **at least 13 years old** to use GlowUpAI.

By creating an account, you represent and warrant that you meet this age requirement.

### 3.2 Parental Consent
If you are between 13 and 17 years old, you must have permission from a parent or legal guardian to use the App.

### 3.3 Account Accuracy
You must provide accurate and complete information during registration. Providing false information may result in account termination.

---

## 4. Token System

### 4.1 Token Types
- **Purchased Tokens:** Tokens acquired via in-app purchases (paid)
- **Earned Tokens:** Tokens earned through ads, referrals, app ratings (free)
- **Locked Tokens:** 3 free tokens provided to new users, unlocked by watching 9 video ads (3 ads unlock 1 token)

### 4.2 Token Usage & Deduction Policy

**Important: Please read carefully before generating images**

Each AI image generation consumes **1 token**. Tokens are deducted immediately when you tap "Generate", before any processing begins.

**Tokens are non-refundable and non-reversible in all cases, including:**
- AI model fails to generate an image
- Server error or timeout occurs
- Internet connection is lost during generation
- Image quality is poor or unusable
- AI produces inappropriate, distorted, or unexpected results
- You are not satisfied with the output
- Content safety filter blocks your request
- Third-party AI service (OpenRouter) is unavailable
- Any other technical failure

**Why tokens are non-refundable:**
When you initiate generation, we immediately incur costs (API calls to OpenRouter, server processing, bandwidth). Even if generation fails, these costs are already charged to us by third-party providers. Therefore, we cannot refund tokens under any circumstances.

**Your Responsibility:**
- Ensure stable internet connection before generating
- Verify you have tokens before tapping "Generate"
- Accept that results are unpredictable and may fail
- Understand that tokens have no cash value and are non-refundable

By using the App, you acknowledge and accept this policy.

### 4.3 Token Expiration
- Tokens do **not expire** as long as your account remains active
- If you delete your account, all tokens are forfeited (no refunds)

### 4.4 Daily Limits
To prevent abuse, the following daily limits apply:
- **Free tokens from ads:** Maximum 3 tokens per day (9 video ads)
- **Referral token rewards:** Maximum 1 token per day
- **Referral sharing:** Maximum 3 referral shares per day

Daily limits reset at **00:00 UTC**.

### 4.5 Referral System
- New users receive a unique referral code upon registration
- Share your referral code with friends; when they register and complete setup, both you and your friend receive **1 token**
- Self-referrals, fake referrals, or automated referral abuse will result in account termination
- Users who have previously registered and deleted their account are **not eligible** for referral rewards

---

## 5. In-App Purchases

### 5.1 Available Packages
Token packages are available for purchase via Google Play:
- **25 Tokens** (pricing set by Google Play, varies by region)
- **75 Tokens** (pricing set by Google Play, varies by region)
- **180 Tokens** (pricing set by Google Play, varies by region)

### 5.2 Payment Processing
- All purchases are processed by **Google Play Billing**
- Payment methods, billing, and receipts are managed by Google Play
- Prices may vary by region and currency

### 5.3 Purchase Confirmation
Purchased tokens are credited to your account immediately after successful payment verification.

**If tokens do not appear:**
- First, check your internet connection and restart the app
- If still missing after 10 minutes, contact **Google Play Support first** - they handle all purchase-related issues
- If Google Play confirms the purchase was successful but tokens were not delivered, contact us at evanor@evanorstudio.com
- Please include your Google Play order number and registered email address
- Following this process ensures timely resolution of your issue

### 5.4 Refund Policy

**All token purchases are final and non-refundable.**

We do not offer refunds under any circumstances, including but not limited to:
- Duplicate charges (contact Google Play directly for payment disputes)
- Change of mind or buyer's remorse
- Dissatisfaction with AI generation quality
- AI generation failures or errors
- Poor internet connection causing generation to fail
- Tokens consumed but image not generated
- Inappropriate AI outputs or content filter blocks
- Account termination
- App discontinuation or service shutdown
- Third-party service failures (OpenRouter, Firebase, etc.)
- Any technical issues

**Reason for this policy:**
Tokens are digital consumables with immediate third-party costs. Once purchased, tokens are added to your account and can be used instantly. We incur costs from third-party providers (OpenRouter AI) whether or not your generation succeeds.

**Payment Disputes:**
- For payment issues (e.g., unauthorized charges, billing errors), contact **Google Play Support** directly - they handle all payment disputes
- We do not process refunds directly, as Google Play manages the payment relationship
- If you dispute a charge with Google Play and receive a refund, your account will be permanently suspended

**Legal Notice:**
By purchasing tokens, you waive any right to refunds under consumer protection laws to the maximum extent permitted in your jurisdiction. If your local laws require refunds in certain circumstances, our liability is limited to the minimum required by law.

---

## 6. Prohibited Uses

You agree **NOT** to:

### 6.1 Account Abuse
- Create multiple accounts to exploit free token rewards
- Share accounts with others
- Sell, transfer, or trade your account
- Use automated tools (bots, scripts) to interact with the App

### 6.2 Fraud & Manipulation
- Manipulate or attempt to bypass token deduction
- Submit fake purchase receipts
- Abuse the referral system (self-referrals, fake referrals, referral loops)
- Exploit bugs or glitches for unfair advantage (must report bugs to evanor@evanorstudio.com)

### 6.3 Inappropriate Content
- Upload illegal, obscene, pornographic, or violent images
- Generate images that violate third-party intellectual property rights
- Use the App to create deepfakes, non-consensual intimate images, or misleading content
- Upload images of minors (under 18 years old) for AI generation

**Note:** AI safety filters are enabled to block inappropriate content. Repeated attempts to bypass these filters will result in account termination.

### 6.4 Reverse Engineering
- Decompile, reverse engineer, or disassemble the App
- Extract or copy the AI models or proprietary algorithms
- Attempt to access server-side code or databases

### 6.5 Interference
- Overload or attack our servers (DDoS, spam)
- Introduce viruses, malware, or harmful code
- Interfere with other users' use of the App

**Violation Consequences:**
- ⚠️ First offense: Warning
- ⚠️⚠️ Second offense: Temporary suspension (7-30 days)
- 🚫 Third offense: Permanent account termination (no refunds)

We reserve the right to terminate accounts immediately for severe violations (e.g., illegal content, security attacks).

---

## 7. Intellectual Property

### 7.1 App Ownership
GlowUpAI, including all code, design, UI, branding, and proprietary algorithms, is owned by **Evanor LLP**.

You are granted a **limited, non-exclusive, non-transferable, revocable license** to use the App for personal, non-commercial purposes.

### 7.2 User-Generated Content (Your Photos)
You retain **full ownership** of photos you upload to GlowUpAI.

By uploading photos, you grant us a **temporary, non-exclusive license** to:
- Process your photos through our AI models
- Generate enhanced versions of your photos
- Transmit your photos to OpenRouter AI for processing

**We do NOT:**
- Store your original uploaded photos on our servers (processed in real-time only)
- Use your photos for marketing, training AI models, or any other purpose
- Share your photos with third parties (except OpenRouter AI for processing)

### 7.3 Generated Images Ownership
**You own the AI-generated images** created from your photos.

However:
- ✅ You may use generated images for personal purposes
- ✅ You may share generated images on social media (with credit appreciated but not required)
- ❌ You may NOT sell generated images as NFTs or commercial products without ensuring you have full rights to the original uploaded photo
- ❌ You may NOT claim that generated images were created without AI assistance (if required by law or platform policies to disclose AI use)

**Disclaimer:** AI-generated images may unintentionally resemble copyrighted works or real persons. We are not responsible for any copyright or publicity rights claims arising from your use of generated images.

### 7.4 Feedback & Suggestions
If you provide feedback, feature requests, or suggestions, you grant us a **perpetual, royalty-free, worldwide license** to use, implement, and commercialize your ideas without compensation.

---

## 8. Disclaimer of Warranties

The App and all services are provided "as is" and "as available" without any warranties, express or implied.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

### 8.1 Availability and Functionality
- We do not guarantee uninterrupted availability or uptime
- We may suspend, discontinue, or modify the App at any time without notice
- We do not guarantee that all features will work as described
- Updates may affect existing functionality

### 8.2 AI Quality and Results
- **AI-generated images are experimental and unpredictable**
- **We make no guarantees about AI output quality, accuracy, or usability**
- AI may produce distorted images, inappropriate content, or may fail entirely
- AI models are operated by third parties (OpenRouter/Google) and are beyond our control
- If the AI model changes, degrades, or shuts down, we are not responsible
- **Generated images may raise legal issues (copyright, publicity rights, etc.). You are solely responsible for how you use them**

### 8.3 Data Security and Privacy
- While we implement security measures, we cannot guarantee absolute data security
- Data breaches, hacks, or leaks may occur despite our best efforts
- Third-party services (Firebase, OpenRouter) may be compromised
- You use the App at your own risk

### 8.4 Third-Party Services
- We are not responsible for failures caused by Firebase, AdMob, OpenRouter, Google Play, or any other third-party service
- If OpenRouter's AI service fails, degrades, or increases pricing (which may affect service quality), we are not liable
- If Google Play removes the App or AdMob stops serving ads, we are not liable

### 8.5 Token Functionality
- Purchased or earned tokens may become worthless if we discontinue the service
- We may change token pricing, earning rates, or daily limits at any time without notice
- Tokens have no cash value and cannot be exchanged for money

### 8.6 Merchantability and Fitness
- We do not warrant that the App is suitable for any particular purpose
- We do not warrant that the App is of merchantable quality
- If your jurisdiction does not allow disclaimer of implied warranties, such warranties are limited to the minimum duration required by law

By using this App, you acknowledge that it may fail at any time and you accept all associated risks.

---

## 9. Limitation of Liability

To the maximum extent permitted by law, Evanor LLP, its officers, employees, contractors, and affiliates shall not be liable for any damages arising from your use of the App.

### 9.1 Excluded Damages
We shall not be liable for:
- **Direct damages** (loss of money, tokens, purchases)
- **Indirect damages** (loss of profits, revenue, business opportunities)
- **Consequential damages** (inability to use the app, wasted time)
- **Incidental damages** (costs of substitute services)
- **Special damages** (any unique losses specific to you)
- **Punitive damages** (penalties or fines)
- **Loss of data or content** (deleted creations, lost images)
- **Emotional distress or psychological harm**
- **Reputational harm** (caused by AI-generated content)
- **Legal liability** (lawsuits arising from your use of AI-generated images)

### 9.2 AI-Generated Content Responsibility
You are solely responsible for AI-generated content. We shall not be liable for:
- Offensive, inappropriate, or illegal AI-generated images
- Copyright infringement claims arising from AI-generated content
- Deepfakes or non-consensual intimate images (even if unintentionally created by AI)
- Misuse of AI-generated images by you or third parties
- Reliance on AI-generated content for any purpose (medical, legal, financial, etc.)
- Distribution of AI-generated images

**Legal Notice:** If you face legal claims (copyright infringement, defamation, privacy violations, etc.) related to AI-generated images, you bear full legal responsibility. We provide the tool; you are responsible for its lawful use.

### 9.3 Third-Party Service Failures
We shall not be liable for:
- OpenRouter AI service failures, errors, or shutdowns
- Firebase service outages or data loss
- Google Play billing errors or payment disputes
- AdMob ad delivery failures
- Internet service provider outages
- Device malfunctions or OS incompatibility

### 9.4 Total Liability Cap

Our total liability to you for any and all claims shall not exceed the lesser of:
1. The total amount you personally paid us for token purchases in the past 12 months, OR
2. $10 USD (ten US dollars)

Example: If you purchased $50 worth of tokens in the past year, our maximum liability is $50. If you only used free tokens, our maximum liability is $10 USD.

### 9.5 Time Limit for Claims
You must bring any legal claims against us within 6 months of the incident. After 6 months, all claims are permanently barred.

### 9.6 Mandatory Legal Exceptions
Some jurisdictions (e.g., EU, California) do not allow complete limitation of liability for:
- Personal injury caused by negligence
- Fraudulent misrepresentation
- Death or bodily harm

In such jurisdictions, our liability for these specific harms is limited to the minimum extent required by law. For all other damages, the above limitations apply in full.

---

## 10. Indemnification

You agree to **indemnify, defend, and hold harmless** Evanor LLP, its officers, employees, and partners from any claims, damages, losses, or expenses (including legal fees) arising from:

- Your violation of these Terms
- Your violation of any third-party rights (e.g., copyright, privacy)
- Your use or misuse of AI-generated images
- Your uploaded content (if illegal or infringing)

**Example:** If you upload a copyrighted photo without permission and generate an AI image that violates copyright, you are responsible for any resulting legal claims.

---

## 11. Account Termination

### 11.1 Termination by You
You may delete your account at any time via **Settings > Delete Account**.

**Consequences:**
- All tokens (purchased and earned) are forfeited immediately (no refunds)
- All data is deleted (except fraud prevention data as described in Privacy Policy Section 5.2)
- Deletion is irreversible (you cannot recover your account)

### 11.2 Termination by Us
We may suspend or terminate your account immediately if:
- You violate these Terms
- You engage in fraudulent activity
- You abuse the referral or token system
- You upload illegal or harmful content
- Your account is inactive for more than 2 years
- We cease operations or discontinue the App

**No Refunds:** If we terminate your account for violations, you forfeit all purchased tokens without refund.

### 11.3 Effect of Termination
Upon termination:
- Your license to use the App is revoked
- You must immediately stop using the App and delete it from your device
- Sections 7 (Intellectual Property), 8 (Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Governing Law) survive termination

---

## 12. Governing Law & Dispute Resolution

### 12.1 Governing Law
These Terms are governed by the laws of **British Columbia, Canada**, without regard to conflict of law principles.

### 12.2 Jurisdiction
Any disputes arising from these Terms or your use of the App shall be resolved in the courts of **British Columbia, Canada**.

By using the App, you consent to the exclusive jurisdiction of these courts.

### 12.3 Arbitration (Optional)
Before filing a lawsuit, you agree to attempt to resolve disputes informally by contacting us at evanor@evanorstudio.com.

If informal resolution fails, either party may initiate binding arbitration in British Columbia, Canada, under the British Columbia Arbitration Act.

### 12.4 Class Action Waiver
**You agree to resolve disputes on an individual basis only.** You waive any right to participate in class action lawsuits or class-wide arbitration against Evanor LLP.

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## 13. Changes to Terms

We may modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms in the App.

**Notification:**
- **Minor changes:** Updated "Last Updated" date
- **Material changes:** In-app notification on next app launch

**Your continued use of the App after changes constitutes acceptance of the updated Terms.**

If you do not agree to the updated Terms, you must stop using the App and delete your account.

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## 14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.

The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

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## 15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the **entire agreement** between you and Evanor LLP regarding your use of GlowUpAI.

These Terms supersede any prior agreements, communications, or understandings (written or oral).

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## 16. Contact Information

For questions, support, or legal inquiries:

**Email:** evanor@evanorstudio.com
**Subject Line:** GlowUpAI - Terms of Use Inquiry

**Mailing Address:**
Evanor LLP
Vancouver, V5P 3V6
British Columbia, Canada

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**END OF TERMS OF USE**

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**By clicking "I Agree" during account registration, you acknowledge that you have:**
1. Read this entire Privacy Policy and Terms of Use
2. Understood that tokens are non-refundable under any circumstances
3. Understood that AI generation may fail and tokens are still consumed
4. Accepted all risks associated with using experimental AI technology
5. Agreed to our maximum liability cap of $10 USD
6. Waived your right to class action lawsuits (arbitration only)
7. Accepted that you are solely responsible for how you use AI-generated images

If you do not agree to these terms, please do not create an account or use the App.

By creating an account, you legally agree to all terms outlined in this document.

Last Updated: November 14, 2025