Terms and Conditions

Last Updated: November 19, 2024

1. Acceptance of Terms

By downloading, installing, or using the OldPhotos mobile application ("App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User" or "you") and OldPhotos ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the App following any changes indicates your acceptance of the new Terms.

2. Description of Service

OldPhotos is a mobile application that provides AI-powered photo restoration services, including:

  • Colorize: Add color to black and white photographs
  • Enhance: Improve photo quality, remove blur, and add detail
  • Descratch: Remove scratches and repair damage
  • Enlighten: Correct lighting and exposure

All processing is performed on-device using advanced AI technology. The App may offer both free and premium features through in-app purchases or subscriptions.

3. User Accounts and Registration

Some features of the App may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept all responsibility for activities under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.

4. User Responsibilities and Prohibited Uses

4.1 Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the App in any way that violates applicable laws or regulations
  • Upload or process photos that you do not have rights to use
  • Process photos containing illegal, harmful, or offensive content
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Use the App to create content that infringes on others' rights
  • Interfere with or disrupt the App's functionality
  • Use automated systems to access the App
  • Remove or modify any proprietary notices or labels

4.2 Photo Content

You are solely responsible for the photos you process using the App. You represent and warrant that:

  • You own or have the necessary rights to the photos you process
  • Your photos do not infringe on any third-party rights
  • Your photos do not violate any laws or regulations
  • Your photos do not contain illegal or harmful content

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to your original photos and the restored versions. By using the App, you do not grant us any rights to your photos beyond what is necessary to provide the service (on-device processing).

5.2 Our Content

The App, including its design, features, functionality, AI models, and content (excluding your photos), is owned by us and protected by copyright, trademark, and other intellectual property laws. You may not:

  • Copy, modify, or create derivative works of the App
  • Sell, rent, lease, or sublicense the App
  • Extract or attempt to extract the AI models
  • Use our trademarks or branding without permission

6. Subscriptions and Payments

6.1 In-App Purchases

The App may offer in-app purchases and subscriptions for premium features. All purchases are processed through the Apple App Store and are subject to Apple's terms and conditions.

6.2 Subscription Terms

  • Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period
  • Your account will be charged for renewal within 24 hours prior to the end of the current period
  • Subscriptions may be managed and auto-renewal turned off in your Apple ID Account Settings
  • No refunds for the current subscription period upon cancellation

6.3 Free Trial

If we offer a free trial, you may be charged when the trial period ends unless you cancel before the trial period expires. You can cancel anytime through your Apple ID Account Settings.

6.4 Pricing

We reserve the right to modify subscription pricing at any time. Price changes will be notified in advance and will take effect at the start of the next subscription period.

7. Privacy and Data Protection

Your privacy is important to us. All photo processing occurs on-device, and your photos never leave your device for processing purposes. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the App will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or reliability of restoration results
  • Warranties that defects will be corrected

We do not guarantee that the App will meet your requirements or that restoration results will meet your expectations. AI technology may produce varying results, and we make no representations about the quality of restored photos.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OLDPHOTOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from unauthorized access to your account or data
  • Damages resulting from any content obtained through the App
  • Damages from the quality or accuracy of restoration results

Our total liability for all claims arising from the use of the App shall not exceed the amount you paid us in the twelve (12) months prior to the claim, or $100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless OldPhotos and its affiliates from any claims, damages, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your photos or content processed through the App
  • Any illegal or harmful use of the App

11. Termination

We may terminate or suspend your access to the App immediately, without prior notice, for any reason, including:

  • Violation of these Terms
  • Fraudulent, illegal, or harmful activities
  • Extended periods of inactivity
  • Request by law enforcement or government agencies

Upon termination:

  • Your right to use the App will immediately cease
  • You must delete the App from all your devices
  • All provisions that should survive termination shall survive
  • No refunds will be provided for any unused subscription period

12. Third-Party Services

The App may integrate with third-party services such as:

  • Apple App Store and in-app purchase services
  • iCloud for optional cloud storage and sync
  • Firebase for analytics and optional features

Your use of these third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for any third-party services or their content.

13. Modifications to the App

We reserve the right to modify, suspend, or discontinue the App or any features at any time without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to conflict of law provisions.

14.2 Dispute Resolution

Any dispute arising from these Terms or the App shall be resolved through:

  1. Informal Negotiation: Contact us at contact@hassankhan.dev to resolve the dispute informally
  2. Binding Arbitration: If informal negotiation fails, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules

14.3 Class Action Waiver

You agree that any dispute resolution shall be conducted on an individual basis and not as a class, consolidated, or representative action.

15. Miscellaneous

15.1 Entire Agreement

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

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

16. Contact Information

If you have any questions about these Terms, please contact us:

By using OldPhotos, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.