Terms of Use
These terms govern your use of the Artyx mobile application and related services. Please read them carefully before using our app.
Last updated: December 2024
1. Acceptance of Terms
By downloading, installing, or using the Artyx mobile application ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Artyx ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the App constitutes acceptance of any modifications.
2. Description of Service
Artyx is a mobile application that provides AI-powered background replacement services for images. Our service uses advanced machine learning technology, including FLUX.1 Kontext Pro, to:
- Replace backgrounds in user-provided images while preserving identity and facial features
- Offer multiple quality tiers for different processing needs
- Provide image editing tools including crop, resize, rotate, and flip functionality
- Generate enhanced images with professional-quality results
3. User Accounts and Subscriptions
3.1 Account Creation
While basic features may be available without registration, certain premium features require an account. You are responsible for:
- Providing accurate and current information
- Maintaining the security of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
3.2 Subscription Plans
Artyx offers multiple subscription tiers:
- Free Tier: Limited daily credits with ad-supported experience
- Pro Tier: Monthly subscription with increased limits and premium features
- Enterprise Tier: Advanced features for professional and team use
3.3 Billing and Payments
- Subscriptions are billed through your Apple App Store account
- Subscriptions automatically renew unless cancelled
- Prices are subject to change with 30 days notice
- Refunds are handled according to Apple's App Store policies
4. Acceptable Use Policy
4.1 Permitted Uses
You may use Artyx for legitimate personal, creative, and commercial purposes, including:
- Personal photo enhancement and social media content
- Professional photography and marketing materials
- Educational and creative projects
- Commercial use in accordance with applicable laws
4.2 Prohibited Uses
You agree not to use Artyx for:
- Creating misleading, deceptive, or fraudulent content
- Generating content that violates others' privacy or rights
- Creating deepfakes or non-consensual synthetic media
- Uploading illegal, harmful, or offensive content
- Reverse engineering or attempting to extract our AI models
- Automated or bulk processing without authorization
- Any activity that violates applicable laws or regulations
⚠️ Content Responsibility
You are solely responsible for the content you upload and generate using Artyx. We reserve the right to refuse service or remove content that violates these terms.
5. Intellectual Property Rights
5.1 Your Content
- You retain ownership of original images you upload
- You grant us temporary license to process your images for service delivery
- You own the AI-generated results created from your images
- You represent that you have rights to all uploaded content
5.2 Our Technology
- Artyx and its technology remain our exclusive property
- AI models, algorithms, and software are protected by intellectual property laws
- You may not copy, modify, or distribute our proprietary technology
- Background templates and presets are licensed for use within the app
5.3 Third-Party Rights
Some background templates may be subject to third-party licensing terms. By using such content, you agree to comply with applicable license restrictions.
6. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
6.1 Image Processing
- Images are processed temporarily and deleted after generation
- On-device processing option available for enhanced privacy
- We do not use your images to train our AI models without consent
- Generated images are not stored permanently on our servers
7. Service Availability and Performance
7.1 Service Levels
We strive to provide reliable service but cannot guarantee:
- Uninterrupted availability or access to the App
- Error-free operation or perfect AI generation results
- Specific processing times or performance metrics
- Compatibility with all devices or operating systems
7.2 Maintenance and Updates
- We may perform scheduled maintenance with advance notice
- App updates may be required for continued service access
- Features may be added, modified, or discontinued
- Emergency maintenance may occur without notice
8. Disclaimers and Limitations
8.1 Service Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- The App is provided "AS IS" without warranties of any kind
- We disclaim all implied warranties including merchantability and fitness
- We do not warrant that the service will meet your specific requirements
- AI-generated results may vary and are not guaranteed to meet expectations
8.2 Limitation of Liability
IN NO EVENT SHALL ARTYX BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, data, or business opportunities
- Damages exceeding the amount paid for the service in the past 12 months
- Any damages related to third-party content or services
🛡️ Legal Protection
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability is limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Artyx, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses arising from:
- Your use of the App in violation of these Terms
- Your uploaded content or generated images
- Infringement of third-party intellectual property rights
- Violation of applicable laws or regulations
- Any misuse of our service or technology
10. Termination
10.1 Termination by You
- You may stop using the App at any time
- Delete your account through the App settings
- Cancel subscriptions through your App Store account
- Request data deletion per our Privacy Policy
10.2 Termination by Us
We may terminate or suspend your access immediately if you:
- Violate these Terms or our Acceptable Use Policy
- Engage in fraudulent or illegal activity
- Repeatedly violate our content policies
- Cause technical or security issues
10.3 Effect of Termination
- Your right to use the App immediately ceases
- We may delete your account and associated data
- Survival clauses remain in effect (indemnification, liability limitations)
- No refunds for remaining subscription periods unless required by law
11. Governing Law and Disputes
11.1 Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
11.2 Dispute Resolution
For any disputes arising under these Terms:
- First, contact us directly to attempt resolution
- If unresolved, disputes will be subject to binding arbitration
- Arbitration will be conducted under American Arbitration Association rules
- You waive the right to participate in class action lawsuits
11.3 Exceptions
The following may be resolved in court:
- Intellectual property disputes
- Small claims court matters within jurisdictional limits
- Injunctive relief for Terms violations
12. General Provisions
12.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Artyx regarding the App.
12.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.3 Assignment
You may not assign your rights under these Terms. We may assign our rights and obligations to any third party without restriction.
12.4 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
12.5 Updates to Terms
We may update these Terms from time to time. Material changes will be communicated through the App or by email. Continued use constitutes acceptance of updated Terms.
13. Contact Information
If you have questions about these Terms of Use, please contact us: