Welcome to Photto: AI Photo Editor! These Terms of Use ("Terms") govern your access to and use of the Photto mobile application and related services (collectively, the "Service"), provided by Elessar Software ("Company", "we", "us" or "our").
By downloading, accessing or using Photto, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.
1. Use of the Service
Photto is an AI-powered creative platform that allows users to generate, edit and export images using filters, styles, backgrounds, lighting and other editing features powered by third-party AI models such as nano-banana provided by FAL.ai.
You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In violation of any applicable laws or regulations;
- To create, upload or share content that is harmful, abusive, harassing, threatening, hateful, discriminatory, defamatory, illegal or sexually explicit;
- To infringe or violate the rights of others, including privacy, publicity, copyright, trademark or other intellectual property rights;
- To impersonate another person or mislead others about your identity;
- To upload viruses, malicious code or otherwise attempt to disrupt, overload or damage the Service or our infrastructure;
- To attempt to reverse-engineer, copy, resell or exploit the Service, including the AI models behind it;
- To use outputs generated by Photto to train, improve or benchmark any other AI or machine learning model or service.
We may, at our sole discretion, suspend or terminate your access to the Service at any time if we believe you have violated these Terms or misused the Service.
2. User Content and Generated Content
2.1 Your Inputs
You may upload or provide content to the Service, including but not limited to:
- Photos from your device gallery;
- Photos taken with your device camera through the app;
- Text prompts, selections and other editing settings.
You retain all rights to the content you submit, provided you have the legal right to upload and use that content.
By submitting content, you grant us a limited, non-exclusive, worldwide and revocable license to process, use and transform your content solely for the purpose of providing the Service and its features to you (e.g., applying edits, generating outputs, troubleshooting issues).
This includes sending your content and prompts to our third-party AI infrastructure providers (such as FAL.ai running the nano-banana generative model) so they can process the images and return edited results on our behalf.
We may store both the original images you upload and the AI-generated results in our secure cloud storage in order to display them in your in-app History. These items remain associated with your device or account until you delete them from History or request deletion.
We do not use your inputs to train our own or third-party models beyond what is necessary to provide the Service.
You are solely responsible for the content you upload and warrant that:
- You own the content or have all necessary rights and permissions to use it;
- Your content does not infringe any third-party rights or applicable laws.
2.2 Generated Outputs
The images created or edited by Photto based on your inputs ("Outputs") are, to the extent permitted by law, your property. You may use the Outputs for personal or commercial purposes, subject to:
- Compliance with applicable laws and regulations;
- Compliance with third-party rights (e.g., you must not use celebrity likenesses, brands, or copyrighted characters in ways that infringe their rights or mislead others);
- Compliance with platform rules (e.g., App Store, social media guidelines).
We do not claim ownership of your Outputs and do not reuse them for our own marketing or training purposes without your explicit consent. You are solely responsible for how you use the Outputs, including any legal or ethical consequences.
3. Facial Data and Biometric Information
Photto does not store, retain or sell separate facial recognition templates or biometric identifiers. However, the photos you upload—and the Outputs generated from them—may contain faces.
If you upload an image containing a face:
- The content is processed only to apply the requested edits (such as hair, makeup, background, lighting, style or couple effects) and to store the original and edited versions in your in-app History.
- Processing may be performed on your device, on our servers or on third-party providers (such as FAL.ai operating the nano-banana model) acting on our behalf.
- We do not extract or store separate biometric templates for facial recognition, and we do not use your images or face data to train other AI models beyond what is necessary to provide the Service.
- You can delete any image stored in your in-app History at any time; when you do, we remove it from our active cloud storage within a reasonable period.
- We do not share facial data with third parties for their own independent use.
For more detail on how your data is handled, please refer to our Privacy Policy.
4. Intellectual Property
All intellectual property rights related to the Service—including but not limited to the app, design, logos, AI models, user interface, text, graphics, software code and databases—are owned by Elessar Software or its licensors and are protected by copyright, trademark and other laws.
Except as expressly allowed in these Terms, you may not:
- Copy, modify, adapt, translate or create derivative works of the Service;
- Reverse-engineer, decompile or attempt to extract the source code of the app or any related technology;
- Remove or alter any copyright, trademark or proprietary notices;
- Use the Photto name, logo or branding without our prior written consent.
Nothing in these Terms transfers any ownership of our intellectual property to you.
5. Subscription and Payment Terms
Photto offers premium access via auto-renewing subscriptions, which may include weekly and yearly plans. For example, a weekly plan may provide 5,000 editing credits per week and a yearly plan may provide 60,000 credits per year, or as otherwise displayed in the App at the time of purchase. The exact pricing, credit amounts and benefits will always be shown inside the App and/or in your App Store purchase confirmation.
- Purchases and billing are managed through your Apple App Store account.
- Unless canceled at least 24 hours before the renewal date (or as required by App Store rules), subscriptions will automatically renew at the then-current price.
- You can manage or cancel your subscription at any time in your Apple ID / App Store account settings.
- Editing credits are a virtual feature tied to your subscription and have no cash value. Unused credits may expire at the end of a period and are not guaranteed to carry over, unless explicitly stated in the App.
- All fees and payments are generally non-refundable, except as required by applicable law or App Store policies.
- We reserve the right to change subscription prices, credit amounts and features, but such changes will not affect a current subscription period that you have already paid for.
6. Limitation of Liability
To the fullest extent permitted by law, Elessar Software and its affiliates, officers, employees and partners shall not be liable for:
- Any indirect, incidental, special, consequential or punitive damages;
- Any loss of profits, revenue, data or goodwill;
- Any damage or loss resulting from your use or inability to use the Service;
- Any content you create, edit, share or rely on using the Service;
- Any unauthorized access to or use of the Service or your device, where we have put in place reasonable security measures.
The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above limitations may not apply to you.
7. Termination
You may stop using Photto at any time by deleting the app from your device and/or canceling your subscription through your App Store account.
We reserve the right, in our sole discretion, to suspend or terminate your access to the Service (in whole or in part) if:
- You violate these Terms or applicable laws;
- You misuse the Service or attempt to interfere with its operation;
- We are required to do so by law or by a court/authority order.
Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination (such as Intellectual Property, Limitation of Liability and Governing Law) will remain in effect.
8. Modifications to the Terms
We may update or modify these Terms from time to time, for example when we add new features, change our business practices or comply with new legal requirements.
When we make changes, we will update the "Last Updated" date at the top of this page. Where required by law, we may also notify you in the App or through other means.
Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the new Terms. If you do not agree to the changes, you should stop using the Service and cancel any active subscriptions.
9. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Türkiye, without regard to its conflict of law principles.
Any disputes arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts located in Denizli, Türkiye.
If you have any questions about these Terms, you can contact us at:
Email: elessarsoftware@gmail.com
Please also review our Privacy Policy for information on how we collect, use and protect your data.