Disclaimer and User Agreement

Last Updated: May 24, 2026

Applicable Jurisdictions: This agreement applies to users worldwide, including but not limited to users in North America (United States, Canada, Mexico), Central America, South America, Europe (including the European Union and European Economic Area), United Kingdom, Australia, and New Zealand.

1. Acceptance of Terms

By accessing, downloading, installing, or using this image cleanup application ("Application"), you acknowledge that you have read, understood, and agree to be bound by this Disclaimer and User Agreement. If you do not agree to these terms, you must immediately cease using the Application.

2. Intellectual Property Rights & Image Ownership

By using this Application to clean up, enhance, modify, or otherwise process images, you represent, warrant, and covenant that:

2.1 Rights to Uploaded Content

You possess all necessary rights, licenses, consents, and permissions to upload, process, and use all images submitted to this Application, including but not limited to:

• Images created by you as original works of authorship
• Images licensed to you under valid commercial, editorial, or personal use licenses (including stock photography licenses)
• Images in the public domain or under Creative Commons or similar open licenses that permit your intended use
• Images for which you have obtained explicit written permission from all copyright holders, trademark owners, and rights holders

2.2 Copyright and Trademark Compliance

You assume full and exclusive responsibility for ensuring that your upload, processing, and use of images and the resulting processed output complies with all applicable:

• Copyright laws (including but not limited to the Berne Convention, WIPO Copyright Treaty, U.S. Copyright Act, UK Copyright, Designs and Patents Act 1988, EU Copyright Directive, Australian Copyright Act 1968, New Zealand Copyright Act 1994)
• Trademark and trade dress laws
• Intellectual property laws in your jurisdiction and any jurisdiction where you intend to use the processed images
• Licensing terms and restrictions of any third-party content

2.3 Privacy and Personality Rights

You warrant that all uploaded images:

• Do not infringe upon the privacy rights, publicity rights, image rights, or personality rights of any individual
• Comply with all applicable data protection and privacy laws including GDPR (EU), UK GDPR, CCPA/CPRA (California), PIPEDA (Canada), Privacy Act 1988 (Australia), Privacy Act 2020 (New Zealand), and equivalent laws in Latin American jurisdictions (LGPD in Brazil, etc.)
• Include all necessary consents from identifiable individuals whose likeness, image, voice, or personal information appears in the images
• Do not contain images of minors without appropriate parental or guardian consent where required by law

2.4 Third-Party Rights

You confirm that uploaded images do not infringe, misappropriate, or violate any intellectual property rights, proprietary rights, privacy rights, moral rights, or other legal rights of any third party.

3. Indemnification

You hereby agree to indemnify, defend, and hold harmless the Application developer, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, service providers, contractors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, actions, proceedings, demands, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and litigation costs) arising from or related to:

• Your violation of this Agreement or any applicable local, national, or international laws or regulations
• Your infringement, misappropriation, or violation of any intellectual property rights, privacy rights, data protection laws, personality rights, publicity rights, or other legal rights of third parties
• Your upload, processing, or use of images to which you do not have sufficient rights, licenses, or permissions
• Any claims, complaints, investigations, or legal actions by third parties regarding the ownership, licensing, authorization, or use of images you have uploaded or processed
• Your distribution, publication, sale, or other use of processed images
• Any content you create, generate, or distribute using the Application
• Your breach of any representations or warranties made in this Agreement
• Any negligent or willful misconduct in your use of the Application

This indemnification obligation shall survive the termination of your use of the Application and shall apply regardless of the legal theory under which liability is asserted (contract, tort, strict liability, negligence, or otherwise).

4. Limitation of Liability and Disclaimers

4.1 No Verification or Monitoring

The developer expressly disclaims any responsibility or obligation to:

• Verify your ownership of or rights to any uploaded images
• Monitor, police, review, or screen user content for copyright infringement, privacy violations, or legal compliance
• Investigate claims of infringement or illegality
• Mediate disputes between users and third parties

4.2 "As-Is" Service

THE APPLICATION IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
• Warranties regarding accuracy, reliability, security, or quality of the Application or processed images
• Warranties that the Application will be uninterrupted, error-free, or free from viruses or harmful components

4.3 Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR:

• Claims of copyright infringement, trademark infringement, privacy violations, or other intellectual property or legal issues arising from your image uploads or use
• Any direct, indirect, incidental, special, consequential, exemplary, or punitive damages
• Lost profits, lost revenue, lost data, loss of goodwill, or business interruption
• Data loss, corruption, unauthorized access, security breaches, or disclosure of uploaded files
• Third-party claims or legal proceedings arising from your use of the Application
• The accuracy, quality, legality, safety, or appropriateness of processed images or user content
• Any actions or decisions you make based on processed images

4.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, the developer's liability shall be limited to the maximum extent permitted by law. Where liability cannot be excluded, it shall be limited to the amount paid by you (if any) for use of the Application in the twelve (12) months preceding the claim, or USD $100, whichever is less.

5. Use Restrictions and Prohibited Activities

You expressly agree not to use this Application to:

• Upload, process, or distribute images without proper legal rights, licenses, or permissions
• Infringe or violate any person's copyright, trademark, patent, trade secret, moral rights, privacy rights, publicity rights, or other intellectual property or proprietary rights
• Create, process, store, or distribute non-consensual intimate imagery, deepfakes, or manipulated images intended to deceive, defame, or harm others
• Process images depicting child sexual abuse material (CSAM) or child exploitation
• Violate any applicable local, state, provincial, national, or international law, statute, ordinance, regulation, or treaty (including without limitation data protection and privacy laws, export control laws, and sanctions regulations)
• Engage in any unlawful, fraudulent, deceptive, misleading, or unethical activities
• Process images containing hate speech, extremist content, or imagery that promotes violence or discrimination
• Circumvent, disable, or interfere with security features or restrictions of the Application
• Upload malicious code, viruses, malware, or any harmful or destructive content
• Use automated means (bots, scrapers, scripts) to access the Application in violation of these terms
• Reverse engineer, decompile, or attempt to extract the source code of the Application (except where prohibited by law)

6. Data Protection and Privacy

6.1 User Responsibility

You are solely responsible for ensuring your use of the Application complies with all applicable data protection laws in your jurisdiction, including but not limited to GDPR (Europe), UK GDPR, CCPA/CPRA (California), PIPEDA (Canada), LGPD (Brazil), Privacy Act 1988 (Australia), and Privacy Act 2020 (New Zealand).

6.2 Processing of Personal Data

If your uploaded images contain personal data or personally identifiable information, you warrant that you have a lawful basis for processing such data and that you have obtained all necessary consents, provided all required notices, and fulfilled all obligations under applicable data protection laws.

6.3 Cross-Border Data Transfers

You acknowledge that data may be processed and stored in various jurisdictions and consent to any such cross-border data transfers necessary for the operation of the Application, in accordance with applicable data protection laws.

7. Assumption of Risk

You expressly acknowledge and agree that:

• You use this Application entirely at your own risk and discretion
• You are solely responsible for all legal, financial, reputational, and other consequences of your image uploads and use of processed materials
• You bear all risks associated with the accuracy, legality, quality, and appropriateness of uploaded and processed images
• The developer makes no representations regarding the legal status or compliance of any processed images
• You should seek independent legal advice if you are uncertain about your rights to use any images

8. Governing Law and Dispute Resolution

8.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [YOUR JURISDICTION], without regard to its conflict of law provisions.

8.2 Jurisdiction and Venue

Subject to Section 8.3 below, you agree to submit to the personal and exclusive jurisdiction of the courts located in [YOUR JURISDICTION] for the resolution of any disputes arising from or relating to this Agreement or your use of the Application.

8.3 Mandatory Arbitration (Where Applicable)

To the extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of [ARBITRATION BODY] rather than in court, except that you may assert claims in small claims court if your claims qualify.

8.4 No Class Actions

To the maximum extent permitted by applicable law, you agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class action, consolidated action, or representative action.

8.5 Consumer Protection Rights

Nothing in this Agreement shall limit any mandatory consumer protection rights or statutory rights you may have under the laws of your jurisdiction, including but not limited to rights under EU consumer protection law, UK Consumer Rights Act 2015, Australian Consumer Law, or New Zealand Consumer Guarantees Act 1993.

9. Severability and Interpretation

If any provision of this Agreement is found to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect. The invalidity of a provision in one jurisdiction shall not affect its validity in other jurisdictions.

10. Entire Agreement and Modifications

This Agreement constitutes the entire agreement between you and the developer regarding your use of the Application and supersedes all prior or contemporaneous understandings and agreements. The developer reserves the right to modify this Agreement at any time. Your continued use of the Application after modifications constitutes acceptance of the updated terms.

11. Survival

The provisions of Sections 2 (Intellectual Property Rights), 3 (Indemnification), 4 (Limitation of Liability), 7 (Assumption of Risk), and 8 (Governing Law) shall survive any termination or expiration of this Agreement.

12. No Waiver

The failure of the developer to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the developer.

13. Contact and Legal Notices

For legal notices, copyright complaints (DMCA or equivalent), or questions regarding this Agreement, please contact: [YOUR CONTACT INFORMATION]