Terms of Use

Welcome to Wave AI Studio ("App"). These Terms of Use ("Terms") govern your access to and use of our mobile application. By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using the App, you confirm that:

• You are at least 13 years of age
• You have the legal capacity to enter into these Terms
• You agree to comply with all applicable laws and regulations
• You accept and will abide by these Terms

If you do not agree to these Terms, you must not use the App.

2. Description of Service

Wave AI Studio is an AI-powered photo editing application that allows users to:

• Upload facial photographs
• Apply AI face swap effects using various templates
• Save and manage generated images
• Save favorite face images for quick reuse

3. Account Registration

3.1 Account Creation

To use certain features of the App, you may need to create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Abuse our services

4. User Content and Face Data

4.1 Your Content

You retain ownership of all content you upload to the App, including:

• Facial photographs
• Generated images
• Saved face profiles

4.2 License Grant

By uploading content, you grant us a limited, non-exclusive license to:

• Process your images through our AI services
• Store your content on our servers
• Display your generated results to you

This license is solely for the purpose of providing our services to you.

4.3 Face Data Consent

By uploading facial photographs, you:

• Consent to the processing of your facial images through AI algorithms
• Consent to the transmission of your images to our AI processing partners (Replicate, Fal.ai)
• Understand that processed images are used solely for generating face swap results
• Acknowledge that you have read our Privacy Policy regarding face data

4.4 Content Restrictions

You agree NOT to upload content that:

• Contains images of minors without parental consent
• Depicts or promotes illegal activities
• Contains nudity, sexually explicit, or obscene material
• Infringes on third-party intellectual property rights
• Contains images of individuals without their consent
• Is defamatory, harassing, or threatening
• Promotes violence, hatred, or discrimination
• Violates any applicable laws or regulations

5. Prohibited Uses

You agree NOT to use the App to:

• Create deepfakes or misleading content intended to deceive
• Impersonate other individuals without their consent
• Create content for fraudulent purposes
• Harass, abuse, or harm other individuals
• Violate the privacy rights of others
• Circumvent security measures
• Attempt to access other users' accounts or data
• Use automated systems to access the App
• Redistribute or resell our services
• Violate any applicable laws or regulations

6. Intellectual Property

6.1 Our Property

The App, including its design, features, content, and technology, is owned by us and protected by intellectual property laws. You may not:

• Copy, modify, or distribute our App
• Reverse engineer or decompile the App
• Remove any proprietary notices
• Use our trademarks without permission

6.2 Template Images

Template images provided in the App are licensed for use within the App only. You may not:

• Use template images outside the App
• Claim ownership of template images
• Redistribute template images

6.3 Generated Content

You own the generated face swap images you create, subject to:

• Compliance with these Terms
• Third-party intellectual property rights
• Applicable laws regarding likeness and publicity rights

7. In-App Purchases and Subscriptions

7.1 Purchases

The App may offer in-app purchases including:

• Credit packs for face swap generations
• Premium subscriptions
• Additional features

7.2 Payment

All payments are processed through Apple's App Store. By making a purchase, you agree to:

• Apple's payment terms and conditions
• Pay all applicable fees and taxes

7.3 Refunds

Refund requests are handled according to Apple's App Store policies. We do not directly process refunds.

7.4 Subscription Terms

If you purchase a subscription:

• Subscriptions automatically renew unless cancelled
• You can manage subscriptions through your Apple ID settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods

8. Disclaimers

8.1 Service Availability

The App is provided "as is" and "as available" without warranties of any kind. We do not guarantee:

• Uninterrupted or error-free service
• Specific results from AI processing
• Availability of all features at all times

8.2 AI Processing

AI-generated results may vary in quality and accuracy. We are not responsible for:

• Imperfect face swap results
• Processing delays or failures
• AI model limitations

8.3 Third-Party Services

We rely on third-party services for AI processing and cloud storage. We are not responsible for their:

• Service interruptions
• Changes in policies
• Technical failures

9. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability shall not exceed the amount you paid for the App in the past 12 months
• We are not liable for any loss or damage resulting from:
  • Your use or inability to use the App
  • Unauthorized access to your data
  • Third-party conduct or content
  • Loss of data or content

10. Indemnification

You agree to indemnify and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Your uploaded content

11. Modifications to Terms

We may modify these Terms at any time. Changes will be effective when posted in the App. Your continued use of the App after changes constitutes acceptance of the modified Terms.

We will notify you of significant changes through:

• In-app notifications
• Email (if provided)
• Update notices in the App Store

12. Termination

12.1 By You

You may terminate your use of the App at any time by:

• Deleting the App from your device
• Requesting account deletion

12.2 By Us

We may terminate or suspend your access immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Upon our sole discretion for any reason

12.3 Effects of Termination

Upon termination:

• Your license to use the App ends
• We may delete your account and data
• Provisions that should survive termination will remain in effect

13. Governing Law and Disputes

13.1 Governing Law

These Terms are governed by the laws of Turkey, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of the App shall be resolved through:

1. Good faith negotiation
2. Mediation (if negotiation fails)
3. Binding arbitration or court proceedings in Turkey

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

14.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms. We may assign our rights without restriction.

14.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15. Contact Information

For questions about these Terms of Use, please contact us:

Email: info@tomx.co

16. Apple-Specific Terms

As required by Apple, you acknowledge and agree that:

1. These Terms are between you and Mustafa Onuş, not Apple
2. Apple is not responsible for the App or its content
3. Apple has no obligation to provide maintenance or support
4. In the event of any failure to conform to any applicable warranty, you may notify Apple for a refund (if applicable). Apple has no other warranty obligation whatsoever
5. Apple is not responsible for addressing any claims relating to the App
6. In the event of any third-party claim that the App infringes intellectual property rights, we (not Apple) are solely responsible for the investigation, defense, and resolution
7. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you