OUTFT AI Terms of Service

Last Updated: November 5, 2025

Effective Date: November 5, 2025

These Terms of Service ("Terms," "Agreement," or "ToS") constitute a legally binding agreement between you ("you," "your," or "User") and OUTFT AI ("we," "us," "our," or the "App"), governing your access to and use of the OUTFT AI mobile application and all related services (collectively, the "Services").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING OUTFT AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP, CANCEL ANY SUBSCRIPTION, AND IMMEDIATELY DELETE THE APP FROM YOUR DEVICE.

CRITICAL LEGAL NOTICES

PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING:

1. MANDATORY ARBITRATION: If you are located in the United States, Section 15 requires you to arbitrate disputes with us on an individual basis, not as part of any class or representative action.
2. CLASS ACTION WAIVER: You waive your right to participate in class action lawsuits against us.
3. LIMITATION OF LIABILITY: Sections 12 and 13 significantly limit our liability to you.
4. NO WARRANTIES: Section 11 disclaims all warranties regarding the Services.
5. USER RESPONSIBILITIES: You are solely responsible for your use of the App and all content you generate.
6. SUBSCRIPTION CHARGES: You will be charged $2.99 per week for premium features until you cancel.

These Terms may change at any time. Continued use of the Services after changes constitutes acceptance. Check this Agreement regularly for updates.

1. ACCEPTANCE OF TERMS

1.1 Binding Agreement

By creating an account, downloading, installing, accessing, or using OUTFT AI, you enter into a legally binding contract with us and agree to comply with these Terms, our Privacy Policy (available at [link to privacy policy]), and all applicable laws and regulations.

1.2 Privacy Policy Integration

Our Privacy Policy is incorporated into these Terms by reference. By accepting these Terms, you also accept our Privacy Policy and consent to our collection, use, and disclosure of your information as described therein.

1.3 Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Changes will be effective:

• Immediately for new users upon first use of the Services
• For existing users, 14 days after posting the updated Terms in the App or sending push notification

Material changes will be communicated through:

• In-app notification or pop-up
• Push notification to your device
• Email (if you have provided one)
• Updated "Last Updated" date at the top of this document

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services and delete the App immediately.

1.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OUTFT AI regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.

2. DESCRIPTION OF SERVICES

2.1 What OUTFT AI Does

OUTFT AI is an AI-powered clothing try-on application that allows users to:

• Upload reference images of clothing items from any source
• Upload personal photos of themselves
• Generate AI-created images showing the user wearing the reference clothing
• Save and organize generated try-on images locally on their device

2.2 How OUTFT AI Works

The technical process involves:

Step 1: Clothing Analysis

• User uploads a reference image of clothing
• Image is sent to Google's Gemini API
• Gemini extracts structured data (JSON) describing clothing attributes
• Original reference image is not retained after processing

Step 2: Try-On Generation

• User uploads a personal photo
• Personal photo and extracted clothing data are sent to Gemini API with processing instructions
• Gemini generates a new image showing the user wearing the clothing
• Generated image is returned directly to the user's device

Step 3: Local Storage

• Generated images are stored exclusively on the user's device
• No images are stored on our servers or cloud storage
• Deletion of the app permanently deletes all stored images

2.3 Services We Provide

• AI-powered clothing try-on generation
• Local storage and organization of generated images
• Weekly subscription access ($2.99/week)
• Basic app functionality and features
• Customer support via email

2.4 Services We Do NOT Provide

• Cloud storage or backup of your images
• Image recovery if you delete the app or your data
• Guarantee of perfect or accurate AI generation results
• Professional fashion advice or recommendations
• Integration with e-commerce platforms or retailers
• Sharing features to social media (you must manually save and share)

3. ELIGIBILITY AND ACCOUNT REQUIREMENTS

3.1 Age Requirements

You must meet the following age requirements to use OUTFT AI:

Minimum Ages by Jurisdiction:

• United States: 18 years old
• European Union/EEA: 18 years old (or 16 with parental consent where permitted)
• United Kingdom: 18 years old
• California: 18 years old
• All other jurisdictions: 18 years old or the age of majority in your jurisdiction, whichever is higher

Parental Consent:

If you are between 13-17 years old (where legally permitted):

• You may only use OUTFT AI with explicit consent and supervision of a parent or legal guardian
• Your parent or guardian must agree to these Terms on your behalf
• Your parent or guardian is fully responsible for all your activities and any consequences arising from your use of the Services

We strictly prohibit use by anyone under 13 years old.

3.2 Parental Responsibility

If you are a parent or legal guardian permitting a minor (13-17 years old) to use OUTFT AI:

• You agree to be bound by these Terms
• You are responsible for monitoring the minor's use of the Services
• You are liable for all activities conducted by the minor
• You assume all risks associated with the minor's use of the App
• You acknowledge that AI-generated content may not always be appropriate

3.3 Account Ownership

• You may create only one account per device
• You are responsible for maintaining the security of your device
• You are responsible for all activities that occur through your account
• You must not share your device with untrusted individuals while logged into OUTFT AI
• You must not allow others to access your account

3.4 Capacity to Contract

By using OUTFT AI, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not prohibited from using the Services under applicable law
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

3.5 Geographic Restrictions

OUTFT AI is available worldwide, subject to:

• Local laws and regulations
• Apple App Store availability in your region
• Economic sanctions and export control restrictions
• Payment processing availability through Apple

We reserve the right to restrict access to the Services in certain jurisdictions.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Subscription Model

OUTFT AI operates on a weekly subscription basis:

• Price: $2.99 USD per week (or equivalent in your local currency)
• Billing Cycle: Weekly, charged every 7 days
• Payment Method: Apple In-App Purchase only
• Auto-Renewal: Subscription automatically renews unless cancelled

4.2 Free Trial (If Applicable)

We may offer free trial periods at our discretion:

• Trial duration and terms will be clearly displayed before signup
• You must provide valid payment information to start a trial
• You will be charged automatically when the trial ends unless you cancel
• Only one free trial per user/device
• We reserve the right to revoke trial access for abuse

4.3 Payment Processing

• All payments are processed through Apple's In-App Purchase system
• We do NOT collect or store your payment information
• Billing is handled entirely by Apple according to their terms
• Prices may vary by region due to currency conversion and local taxes
• All charges are in USD unless otherwise specified

4.4 Subscription Management

How to Cancel:

• Open iPhone Settings
• Tap your name → Subscriptions
• Select OUTFT AI
• Tap "Cancel Subscription"

Cancellation Terms:

• You can cancel anytime before the next billing cycle
• Cancellation takes effect at the end of the current billing period
• You retain access until the end of your paid period
• No partial refunds for unused portions of a subscription period
• Cancelling does NOT delete your account or locally stored images

4.5 Refund Policy

General Refund Terms:

• All subscription fees are non-refundable except as required by law
• Refund requests must be made through Apple, not directly to us
• We do not control Apple's refund decisions
• Dissatisfaction with AI-generated results is not grounds for refund
• Technical issues may warrant refunds at Apple's discretion

How to Request a Refund:

1. Go to reportaproblem.apple.com
2. Sign in with your Apple ID
3. Find your OUTFT AI purchase
4. Select "Report a Problem"
5. Choose your reason and submit

Exceptions:

We may provide refunds in our sole discretion for:

• Service unavailability for extended periods (48+ hours)
• Critical app bugs preventing core functionality
• Unauthorized charges (with proof)

4.6 Price Changes

• We reserve the right to change subscription prices at any time
• Price changes will not affect your current billing cycle
• You will be notified of price changes at least 7 days in advance
• Continued use after price changes constitutes acceptance
• You may cancel if you do not agree to the new pricing

4.7 Taxes

• You are responsible for all applicable taxes
• Prices displayed do not include local sales tax, VAT, or other taxes
• Apple will add applicable taxes at checkout
• Tax amounts vary by jurisdiction

4.8 Payment Failures

If payment fails:

• Apple will attempt to re-charge your payment method
• You may lose access to premium features
• Your account may be suspended or terminated
• You remain responsible for unpaid fees
• We may use collection agencies to recover unpaid amounts

5. USER CONTENT AND INTELLECTUAL PROPERTY

5.1 Your Content

What You Own:

• You retain all ownership rights to images you upload (reference clothing images and personal photos)
• You retain all ownership rights to AI-generated try-on images
• We do not claim any ownership over your input images or generated output images

License You Grant to Us:

By uploading images to OUTFT AI, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Process your images through Gemini API for the sole purpose of generating try-on results
• Temporarily transmit and cache your images during the generation process
• Use anonymized, aggregated data about app usage (not including images) for analytics

What This License Does NOT Include:

• We do NOT use your images for marketing or promotional purposes
• We do NOT share your images with third parties (except Gemini API for processing)
• We do NOT train AI models on your images
• We do NOT create databases of user images
• We do NOT sell or license your images to anyone

License Termination:

• This license terminates when you delete an image from the App
• This license terminates when you delete your account
• This license terminates when you uninstall the App

5.2 Our Intellectual Property

What We Own:

• The OUTFT AI app software, code, and design
• OUTFT AI branding, logos, trademarks, and service marks
• App interface, user experience, and visual design
• Documentation, help content, and promotional materials
• Algorithms and processing methods (excluding Gemini API)

What You Cannot Do:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use our name, logo, or branding without written permission
• Sell, rent, lease, or redistribute the App or Services
• Frame or mirror any part of the Services
• Use automated tools to access the Services

Limited License to You:

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the App on your personal iOS device
• Access and use the Services for your personal, non-commercial use only
• Generate and save images for personal use

This license does not include any right to:

• Use the Services for commercial purposes
• Resell or redistribute generated images commercially (unless you separately obtain rights)
• Create competing services or products

5.3 Commercial Use Prohibition

Strictly Prohibited Commercial Activities:

• Selling or licensing AI-generated try-on images to third parties
• Using OUTFT AI as part of a commercial fashion, retail, or e-commerce service
• Offering virtual try-on services to clients using OUTFT AI
• Generating images for advertising or marketing purposes
• Using OUTFT AI for any business-related activities

Exception:

If you wish to use OUTFT AI for commercial purposes, contact us at itsoutftapp@gmail.com to negotiate a separate commercial license agreement.

5.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about OUTFT AI:

• We may use your feedback without compensation or attribution
• You grant us a perpetual, irrevocable license to implement your suggestions
• You waive any claims to compensation for feedback
• Feedback does not create any confidentiality obligation on our part

6. USER CONDUCT AND PROHIBITED ACTIVITIES

6.1 Acceptable Use

You agree to use OUTFT AI only for lawful, appropriate purposes:

• Personal clothing visualization and styling
• Fashion planning and wardrobe decisions
• Entertainment and creative exploration
• Personal photography projects

6.2 Prohibited Uses

You shall NOT use OUTFT AI to:

Illegal Activities:

• Violate any local, state, national, or international law
• Infringe on intellectual property rights of others
• Engage in fraud, identity theft, or impersonation
• Create content for illegal purposes
• Violate export control or sanctions laws

Harmful Content:

• Create sexually explicit, pornographic, or obscene content
• Generate content depicting minors in inappropriate situations
• Create content that promotes violence, hate, or discrimination
• Generate deepfakes or misleading content intended to deceive
• Create content that harasses, threatens, or bullies others
• Produce content glorifying self-harm or suicide

Abuse and Misuse:

• Upload images of other people without their consent
• Use celebrity or public figure images to create misleading content
• Create fake product endorsements or testimonials
• Generate content that violates someone's privacy or publicity rights
• Use the app to stalk, harass, or threaten anyone

Technical Abuse:

• Attempt to circumvent subscription or payment requirements
• Use automated scripts, bots, or tools to access the Services
• Attempt to reverse engineer or decompile the App
• Probe, scan, or test vulnerabilities in the App or systems
• Interfere with or disrupt the Services or servers
• Introduce viruses, malware, or harmful code
• Attempt to gain unauthorized access to any part of the Services

Commercial Restrictions:

• Use OUTFT AI for any commercial purpose without authorization
• Resell access to the Services
• Offer virtual try-on services to others using OUTFT AI
• Create competing products or services

Intellectual Property Violations:

• Upload copyrighted images without permission
• Generate images that infringe on trademarks or brand rights
• Create content that violates third-party IP rights
• Use brand logos or protected designs without authorization

6.3 Content Moderation

We reserve the right to:

• Monitor user behavior and generated content
• Remove or refuse to process content that violates these Terms
• Suspend or terminate accounts for violations
• Report illegal activity to law enforcement
• Cooperate with legal investigations

However:

• We are not obligated to monitor all user activity
• We do not pre-screen content before generation
• We are not responsible for user-generated content
• Absence of monitoring does not waive our rights

6.4 Consequences of Violations

If you violate these Terms, we may:

• Issue a warning
• Temporarily suspend your account
• Permanently terminate your account
• Refuse future service to you
• Take legal action against you
• Report you to law enforcement
• Seek damages for harm caused

No refunds will be provided for accounts terminated due to violations.

7. AI-GENERATED CONTENT AND DISCLAIMERS

7.1 Nature of AI Technology

OUTFT AI uses Google's Gemini API, which is artificial intelligence technology. You acknowledge and understand that:

AI is Imperfect:

• AI-generated images may not be perfectly accurate or realistic
• Results may vary significantly based on input quality
• Generated clothing may not match the reference image exactly
• Body proportions, lighting, and colors may be inconsistent
• AI may produce unexpected or unusual results

No Guarantees:

• We do not guarantee the quality of any generated image
• We do not guarantee that results will meet your expectations
• We do not guarantee that clothing will look "accurate" or "realistic"
• Generated images are approximations, not precise representations

7.2 Appropriate Content Measures

Our Efforts:

• We implement safety measures in our prompts to Gemini API
• We attempt to filter inappropriate content
• We configure settings to minimize offensive results
• We regularly update safety protocols

Limitations:

• We cannot fully control Gemini API's output
• Inappropriate content may occasionally be generated
• Safety measures are not 100% effective
• AI may produce content you find offensive or unsuitable

Your Responsibility:

• Review all generated content before saving or sharing
• Do not share offensive content with others
• Report inappropriate results to us at itsoutftapp@gmail.com
• Delete content that violates these Terms

7.3 No Endorsement or Representation

Generated images and AI output:

• Do NOT represent our views, opinions, or positions
• Are NOT endorsements of any clothing, brand, or product
• Do NOT reflect our values or policies
• Are solely the result of automated AI processing
• Should NOT be considered professional advice

7.4 Third-Party AI Provider

Google Gemini API:

• We rely on Google's Gemini API for image generation
• We do not control Gemini's AI models or algorithms
• Gemini's processing is subject to Google's terms and policies
• We are not responsible for Gemini API failures or errors
• Gemini may change, update, or discontinue features

Your Acknowledgment:

By using OUTFT AI, you acknowledge that:

• Your images are temporarily processed by Google's Gemini API
• You accept the risks of third-party AI processing
• You have reviewed or will review Google's Privacy Policy
• You understand we cannot control Google's data practices

7.5 No Professional Advice

OUTFT AI and its AI-generated content:

• Are for entertainment and visualization purposes only
• Do NOT constitute professional fashion advice
• Do NOT constitute professional styling services
• Should NOT be relied upon for commercial decisions
• Are NOT suitable for professional or business use

8. THIRD-PARTY SERVICES AND CONTENT

8.1 Apple App Store

OUTFT AI is distributed through the Apple App Store. Your use of OUTFT AI is subject to:

• Apple's App Store Terms of Service
• Apple's In-App Purchase terms
• Apple's Privacy Policy
• Any other Apple policies applicable to iOS apps

Acknowledgments:

• This Agreement is between you and OUTFT AI, not Apple
• Apple is not responsible for the App or its content
• Apple has no obligation to provide support or maintenance
• Apple is not liable for any claims related to the App
• Apple is a third-party beneficiary of this Agreement

8.2 Google Gemini API

OUTFT AI uses Google's Gemini API for image processing:

• Your images are temporarily processed by Google's servers
• Google's Privacy Policy applies to this processing
• We do not control Google's data practices
• Google may have separate terms governing API usage

Disclaimer:

• We are not responsible for Google's actions or omissions
• We are not liable for Gemini API outages or errors
• Changes to Gemini API may affect OUTFT AI's functionality

8.3 External Links

OUTFT AI may contain links to third-party websites or services:

• We do not control third-party content or services
• We are not responsible for third-party practices
• We do not endorse third-party sites
• Third-party sites have their own terms and privacy policies
• You access third-party sites at your own risk

8.4 No Third-Party Endorsements

• We do not endorse any third-party products or services
• Mention of third parties does not constitute endorsement
• We are not affiliated with clothing brands or retailers
• Generated images are not product endorsements

9. DATA AND PRIVACY

9.1 Privacy Policy

Your use of OUTFT AI is governed by our Privacy Policy, available at [link to privacy policy].

Key privacy points:

• Images are stored locally on your device only
• We do NOT store images on our servers or in the cloud
• Images are temporarily processed through Gemini API
• We collect minimal technical and usage data
• We do NOT sell your personal information

9.2 Data Security

Our Security Measures:

• HTTPS encryption for all API communications
• Secure transmission of images to Gemini API
• Local device storage using iOS security standards
• No server-side image storage

Your Responsibility:

• Keep your device secure with a passcode
• Do not share your device with untrusted individuals
• Update iOS regularly for security patches
• Report security issues immediately

No Absolute Security:

• We cannot guarantee 100% security
• No system is completely safe from breaches
• You use the Services at your own risk
• We are not liable for unauthorized access due to factors beyond our control

9.3 Data Retention and Deletion

Local Storage:

• Generated images are stored only on your device
• Images remain until you delete them manually
• Deletion of the app permanently deletes all images

Account Data:

• Subscription data is retained during active subscription
• Technical data is retained for 90 days after account closure
• You can request data deletion at any time

No Recovery:

• We cannot recover deleted images or data
• Deletion is permanent and irreversible
• Back up important images before deleting

10. SERVICE AVAILABILITY AND MODIFICATIONS

10.1 Service Availability

No Uptime Guarantee:

• We strive for reliable service but make no guarantees
• Services may be interrupted or unavailable at times
• We are not liable for service disruptions

Factors Affecting Availability:

• Internet connectivity issues
• Apple App Store outages
• Gemini API limitations or downtime
• Device compatibility issues
• Maintenance and updates

10.2 Maintenance and Updates

We reserve the right to:

• Perform scheduled or emergency maintenance
• Update the App with new features or fixes
• Temporarily suspend Services for repairs
• Require app updates to continue using Services

Notice:

• We will attempt to provide advance notice of planned maintenance
• Emergency maintenance may occur without notice
• Continued service access may require accepting updated Terms

10.3 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any features or Services
• Change subscription pricing or payment models
• Add or remove functionality
• Change AI models or processing methods
• Alter the app's interface or design

No Obligation:

• We are not obligated to maintain any particular feature
• We are not required to support old app versions indefinitely
• Changes may be made with or without notice

10.4 Service Termination

We may terminate the Services entirely:

• At any time, for any reason, with or without notice
• Due to legal, regulatory, or business reasons
• If operating the Services becomes impractical

Upon Termination:

• You will lose access to the App and Services
• Subscription fees will not be refunded (except as required by law)
• Your locally stored images will remain on your device
• These Terms will continue to apply to past use

11. DISCLAIMERS AND WARRANTIES

11.1 "AS IS" and "AS AVAILABLE" Basis

OUTFT AI AND ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Title
• Accuracy or reliability
• Quality or suitability
• Uninterrupted or error-free operation
• Freedom from viruses or harmful components

11.2 No Guarantee of Results

We make no representations or warranties regarding:

• The quality of AI-generated images
• Accuracy of clothing representation
• Realism or appropriateness of results
• Suitability for any particular purpose
• Compatibility with your device
• Availability of features or functionality

11.3 Third-Party Services Disclaimer

We disclaim all warranties regarding:

• Google Gemini API performance or availability
• Apple App Store functionality
• Payment processing accuracy
• Third-party services integrated with OUTFT AI

11.4 Use at Your Own Risk

You expressly acknowledge and agree that:

• Use of OUTFT AI is at your sole risk
• You assume all risks associated with using the Services
• You are solely responsible for any damage to your device
• You are solely responsible for loss of data
• You are solely responsible for costs of service or repair

11.5 No Professional Advice

OUTFT AI does not provide:

• Fashion advice or recommendations
• Professional styling services
• Fitness or body image counseling
• Psychological or mental health services
• Any professional services of any kind

11.6 Geographic Availability

We do not warrant that:

• The Services are available in your location
• All features work in every jurisdiction
• The Services comply with all local laws
• Payment processing is available in your country

11.7 Applicable Law Exceptions

Some jurisdictions do not allow the exclusion of certain warranties. If these laws apply to you, some or all of the above disclaimers may not apply, and you may have additional rights.

12. LIMITATION OF LIABILITY

12.1 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• $50 USD, OR
• The total amount you paid to us for the Services in the 12 months preceding the claim

12.2 Excluded Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss of use or interruption of business
• Cost of substitute services
• Emotional distress or reputational harm
• Personal injury (except as required by law)
• Property damage (except as required by law)

EVEN IF:

• We were advised of the possibility of such damages
• Such damages were foreseeable
• Any remedy fails of its essential purpose

12.3 Specific Limitations

We are not liable for:

AI-Generated Content:

• Quality, accuracy, or appropriateness of generated images
• Offensive, inappropriate, or unexpected AI results
• Failure of AI to produce desired results
• Any consequences of using AI-generated content

Data Loss:

• Loss of images due to app deletion, device failure, or user error
• Inability to recover deleted data
• Data loss due to third-party failures

Third-Party Services:

• Google Gemini API failures, errors, or outages
• Apple App Store or payment processing issues
• Third-party service interruptions or changes

User Conduct:

• Actions taken by other users
• Unauthorized access to your account
• Consequences of sharing your device

Technical Issues:

• Service interruptions or downtime
• Bugs, errors, or defects in the App
• Compatibility issues with your device
• Internet connectivity problems

12.4 Basis of the Bargain

You acknowledge that:

• We have set our prices and entered into this Agreement in reliance on these limitations
• These limitations are fundamental elements of the agreement
• The limitations reflect a fair allocation of risk
• The Services would not be provided on these terms without these limitations

12.5 Applicable Law Exceptions

Some jurisdictions do not allow limitations on liability for incidental, consequential, or certain other types of damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

13. INDEMNIFICATION

13.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless OUTFT AI, its affiliates, officers, directors, employees, agents, and licensors (collectively, "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

Your Use of Services:

• Your access to or use of the App and Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your violation of any third-party rights

Your Content:

• Images you upload to OUTFT AI
• AI-generated content you create
• Your use or sharing of generated content
• Claims that your content infringes third-party rights

Your Conduct:

• Prohibited activities or misuse of the Services
• Fraudulent or illegal activities
• Harassment or harm to other users or third parties
• Unauthorized access or security breaches caused by you

Third-Party Claims:

• Claims by other users affected by your conduct
• Claims by individuals whose images you uploaded without consent
• Claims related to content you generated or shared
• Intellectual property infringement claims

13.2 Indemnification Process

Notice:

• We will notify you promptly of any claim subject to indemnification
• Failure to notify does not relieve you of obligations except to the extent you are prejudiced

Control:

• We reserve the right to assume exclusive defense and control of any matter subject to indemnification
• You will cooperate fully with our defense
• You may not settle any claim without our prior written consent

Costs:

• You will reimburse us for all costs and expenses (including attorneys' fees) incurred in connection with indemnified claims

13.3 Survival

Your indemnification obligations survive:

• Termination of these Terms
• Deletion of your account
• Discontinuation of the Services

14. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

14.1 DMCA Compliance

We respect intellectual property rights. If you believe that content in OUTFT AI infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act ("DMCA").

DMCA Notice Requirements:

Your notice must include:

1. Physical or electronic signature of the copyright owner or authorized representative
2. Identification of the copyrighted work claimed to have been infringed
3. Identification of the infringing material and its location in the Services
4. Your contact information (address, phone, email)
5. A statement that you have a good faith belief that the use is not authorized
6. A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
7. Statement made under penalty of perjury

Send DMCA Notices to:

Email: itsoutftapp@gmail.com

Subject: "DMCA Copyright Infringement Notice"

14.2 Counter-Notice

If you believe content was removed in error, you may submit a counter-notice containing:

1. Your physical or electronic signature
2. Identification of removed material and its prior location
3. Statement under penalty of perjury that removal was a mistake or misidentification
4. Your name, address, phone number, and consent to jurisdiction
5. Statement accepting service of process from the original complaining party

Send Counter-Notices to:

Email: itsoutftapp@gmail.com

Subject: "DMCA Counter-Notice"

14.3 Repeat Infringer Policy

• We will terminate accounts of users who are repeat infringers
• Determination of repeat infringement is at our sole discretion
• We may terminate accounts after a single serious violation

14.4 Other IP Claims

For trademark, patent, or other IP claims not covered by DMCA, contact us at itsoutftapp@gmail.com with detailed information about your claim.

15. DISPUTE RESOLUTION AND ARBITRATION (US USERS)

15.1 Informal Dispute Resolution

Before filing any legal claim, you agree to first contact us at itsoutftapp@gmail.com to attempt to resolve the dispute informally.

You must:

• Describe the dispute in detail
• Provide your contact information
• Explain the relief you seek
• Allow 30 days for us to respond and attempt resolution

15.2 Binding Arbitration (US Users Only)

IF YOU ARE LOCATED IN THE UNITED STATES:

Mandatory Arbitration:

You and OUTFT AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services (collectively, "Disputes") will be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules.

Exceptions to Arbitration:

The following disputes are NOT subject to arbitration:

• Small claims court actions (if they qualify and remain in small claims court)
• Disputes about intellectual property rights
• Disputes seeking injunctive relief for violation of intellectual property
• Actions to compel arbitration or enforce arbitration awards

Arbitration Process:

• Arbitration will be conducted by a single arbitrator
• Arbitration will be held in California (or by phone/video conference if you prefer)
• The arbitrator will apply applicable law and these Terms
• The arbitrator's decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

Costs:

• Each party will bear their own attorneys' fees and costs
• AAA fees will be paid according to AAA rules
• If your claim is for less than $10,000, we will pay all AAA filing fees

No Class Actions:

• Arbitration must be conducted on an individual basis only
• Class arbitration is not permitted
• You waive the right to participate in class actions
• You waive the right to serve as a class representative
• Multiple users' claims cannot be joined or consolidated

15.3 Class Action Waiver

YOU AND OUTFT AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You waive:

• The right to participate in class action lawsuits
• The right to participate in representative actions
• The right to participate in consolidated proceedings
• The right to act as a private attorney general

If this class action waiver is found to be unenforceable, the entire arbitration provision shall be void.

15.4 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND OUTFT AI WAIVE THE RIGHT TO A TRIAL BY JURY.

15.5 Opt-Out Right (30 Days)

You have 30 days from first accepting these Terms to opt out of arbitration:

To opt out:

• Send email to itsoutftapp@gmail.com
• Subject: "Arbitration Opt-Out"
• Include your name and statement that you opt out of arbitration
• Must be sent within 30 days of first accepting these Terms

If you opt out:

• The arbitration provisions do not apply to you
• All other terms remain in effect
• Disputes will be resolved in court as described in Section 16

15.6 Non-US Users

If you are NOT located in the United States, this arbitration provision does NOT apply to you. See Section 16 for governing law and jurisdiction.

16. GOVERNING LAW AND JURISDICTION

16.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Federal Law:

Federal law governs to the extent applicable, including:

• Copyright law (DMCA)
• Export control regulations
• Federal arbitration law (for US users)

16.2 Jurisdiction and Venue (Non-Arbitration Disputes)

For users who opt out of arbitration or are not subject to it:

Exclusive Jurisdiction:

Any legal action or proceeding arising from these Terms or the Services shall be brought exclusively in:

• State courts of California, County of Orange
• Federal courts for the Central District of California

Consent to Jurisdiction:

You irrevocably consent to:

• Personal jurisdiction in these courts
• Venue in Orange County, California
• Service of process by mail or as permitted by law

Waiver of Objections:

You waive any objections to:

• Personal jurisdiction in California courts
• Venue in Orange County
• Inconvenient forum

16.3 International Users

If you use OUTFT AI from outside the United States:

• California law still governs these Terms
• You consent to jurisdiction in California courts
• Your local laws may provide additional rights
• You are responsible for compliance with local laws

16.4 Injunctive Relief

Notwithstanding arbitration provisions, we may seek:

• Injunctive relief in any court of competent jurisdiction
• Emergency relief to prevent irreparable harm
• Orders to enforce intellectual property rights

17. TERMINATION

17.1 Termination by You

You may terminate your use of OUTFT AI at any time by:

• Cancelling your subscription through Apple
• Deleting the App from your device
• Emailing us at itsoutftapp@gmail.com to request account deletion

Effect of Your Termination:

• Access to Services ends immediately or at end of billing period
• Locally stored images remain on your device until you delete them
• No refunds for unused subscription periods (except as required by law)
• These Terms continue to apply to your prior use

17.2 Termination by Us

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

• Violation of these Terms
• Fraudulent or illegal activity
• Abusive or harassing behavior
• Payment failures or chargebacks
• Security threats or risks
• Any reason or no reason, at our sole discretion

Effect of Our Termination:

• Immediate loss of access to Services
• No refund of subscription fees
• Potential legal action for serious violations
• Obligation to cease all use of the App

17.3 Effects of Termination

Upon termination of your account or these Terms:

What Ends:

• Your right to access and use the Services
• Any licenses granted to you under these Terms
• Your subscription and billing (if applicable)

What Continues:

• Your obligations for past use and conduct
• Provisions intended to survive termination (see Section 17.4)
• Our rights to pursue legal claims
• Indemnification obligations

17.4 Survival

The following provisions survive termination:

• Intellectual Property (Section 5)
• User Conduct (Section 6)
• Disclaimers (Section 11)
• Limitation of Liability (Section 12)
• Indemnification (Section 13)
• Dispute Resolution (Section 15)
• Governing Law (Section 16)
• General Provisions (Section 18)

18. GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OUTFT AI regarding the Services and supersede all prior agreements, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable:

• The invalid provision will be modified to the minimum extent necessary to make it valid
• If modification is not possible, the provision will be severed
• All other provisions remain in full force and effect
• The remainder of the Terms continues to bind the parties

Special Severability for Arbitration:

If the class action waiver in Section 15.3 is found unenforceable, the entire arbitration provision (Section 15) shall be void, and disputes will be resolved in court.

18.3 Waiver

Our failure to enforce any right or provision of these Terms:

• Does NOT constitute a waiver of that right or provision
• Does NOT prevent us from enforcing it in the future
• Does NOT waive any other rights or provisions

Any waiver must be in writing and signed by our authorized representative.

18.4 Assignment

You may NOT:

• Assign or transfer these Terms or any rights hereunder
• Delegate any obligations under these Terms
• Transfer your account to another person

We may:

• Assign these Terms to any affiliate or successor
• Transfer these Terms in connection with merger, acquisition, or sale of assets
• Delegate any obligations to third parties

Any attempted assignment by you in violation of this section is void.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except:

• Apple as expressly stated in Section 8.1
• Indemnified parties as stated in Section 13

No other person or entity may enforce these Terms.

18.6 Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including:

• Acts of God, natural disasters
• War, terrorism, civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Third-party service outages (e.g., Gemini API, Apple)
• Labor disputes or strikes
• Pandemics or public health emergencies

18.7 Export Control

You agree to comply with all applicable export control laws, including US export controls. You represent that you:

• Are not located in an embargoed country
• Are not listed on any US government prohibited parties list
• Will not use the Services in violation of export restrictions

18.8 US Government Users

If you are a US government entity, the Services are "commercial items" as defined in FAR 2.101, and use is governed by these Terms.

18.9 Notices

To You:

We may provide notices to you by:

• Push notification through the App
• In-app message or banner
• Email (if you have provided one)
• Posting on our website or in the App

Notices are effective upon sending.

To Us:

Notices to us must be sent to:

• Email: itsoutftapp@gmail.com
• Subject line: "Legal Notice"
• Include your name, account information, and detailed message

Notices are effective when we receive them.

18.10 Language

These Terms are in English. Any translations are provided for convenience only. In case of conflict, the English version prevails.

18.11 No Joint Venture

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and OUTFT AI.

18.12 Headings

Section headings are for convenience only and do not affect interpretation of these Terms.

18.13 Interpretation

In these Terms:

• "Including" means "including but not limited to"
• Singular includes plural and vice versa
• "Or" is not exclusive unless context requires otherwise
• "Will" and "shall" are both mandatory

19. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms or the Services:

Email: itsoutftapp@gmail.com

Mailing Address:

223 Cantor

Irvine, CA 92620

United States

Subject Line Guidance:

• General Questions: "Terms of Service Question"
• Legal Notices: "Legal Notice"
• DMCA Claims: "DMCA Copyright Infringement Notice"
• Account Issues: "Account Support"

Response Time:

We aim to respond to all inquiries within 5 business days.

20. ACKNOWLEDGMENT

BY USING OUTFT AI, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms of Service
2. You agree to be legally bound by these Terms
3. You understand the limitations of liability and warranty disclaimers
4. You understand the arbitration and class action waiver provisions (if applicable)
5. You understand that AI-generated content may be imperfect
6. You understand that images are stored locally only and cannot be recovered if deleted
7. You understand your obligations regarding user conduct
8. You understand the subscription and payment terms
9. You are responsible for your use of the Services and all content you generate
10. You have had an opportunity to ask questions and seek legal advice if desired

If you do not agree to these Terms, do not use OUTFT AI.