Terms of Use

Last Updated: January 13, 2025

Welcome to SceneBooth AI. These Terms of Use ("Terms") govern your access to and use of the SceneBooth AI mobile application (the "App") provided by Okan Demirkaya ("we," "us," or "our"). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App.

1. Acceptance of Terms

By creating an account or using SceneBooth AI, you confirm that you:

• Are at least 13 years of age (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into these Terms
• Will comply with all applicable laws and regulations
• Agree to our Privacy Policy at https://okandemirkaya.com/scenebooth/privacy.html
• Understand and consent to the collection and processing of face data as described in our Privacy Policy (when you upload photos containing faces)

2. Description of Service

SceneBooth AI is an AI-powered image generation service that allows users to:

• Upload reference images from your device (including photos that may contain faces)
• Generate AI-created images using various templates and styles powered by third-party AI services (OpenAI DALL-E, Google AI, Replicate)
• Save generated images to your device
• Share generated images
• Access premium features through subscription plans

3. Subscription Plans and Pricing

3.1 Subscription Features

All subscription tiers include:

• Access to 100+ templates and 50+ AI image generation models
• High-resolution image generation
• No watermarks on generated images
• Commercial use rights for generated images (subject to Section 5.1)
• Early access to new templates
• Ability to request custom templates

3.2 Credit System

The App operates on a credit-based system where each image generation consumes a certain number of credits. Credit costs vary by template complexity and AI model used. Credits are allocated at the start of each billing period based on your subscription plan. Unused credits do not roll over to the next billing period.

3.3 Payment and Billing

• Payment Method: All purchases are processed through Apple App Store in-app purchase system
• Charge Timing: Payment will be charged to your Apple ID account at confirmation of purchase
• Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Renewal Charge: Your account will be charged for renewal within 24 hours prior to the end of the current period at the same price
• Manage Subscription: You can manage your subscription and turn off auto-renewal by going to your Account Settings in the App Store after purchase
• Cancellation: You may cancel your subscription at any time, but cancellation will take effect at the end of the current billing period. No refunds will be provided for partial periods
• Refunds: Refund requests are subject to Apple's refund policies. Contact Apple Support for refund inquiries
• Price Changes: We reserve the right to change subscription prices with 30 days' notice. Price changes will apply to subsequent billing periods
• Free Trials: If offered, any unused portion of a free trial period will be forfeited when you purchase a subscription

3.4 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy at https://okandemirkaya.com/scenebooth/privacy.html to understand how we collect, use, and protect your personal information, including face data processing practices.

4. User Content and Conduct

4.1 Your Uploads

You are solely responsible for any images you upload to the App, including images containing faces. You represent and warrant that:

• You own or have the necessary rights to upload and use the images
• Your uploads do not infringe on any third-party intellectual property rights
• Your uploads do not contain illegal, harmful, or offensive content
• You have obtained necessary consents from any recognizable persons in your uploads, including explicit consent to process their face data for AI image generation purposes
• If uploading images of minors, you are the parent or legal guardian and consent to the processing
• You understand that uploaded images (including face data) will be temporarily sent to third-party AI services (OpenAI, Google AI, Replicate) for processing as described in our Privacy Policy

4.2 Prohibited Uses

You agree NOT to use the App to:

• Generate images that are illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Create deepfakes or misleading content intended to deceive or manipulate
• Generate images of minors in inappropriate contexts
• Create non-consensual intimate imagery or any image using another person's face without their explicit consent
• Use face data for biometric identification, authentication, surveillance, or tracking purposes
• Upload images of persons without their knowledge and consent
• Violate any person's privacy, publicity, or intellectual property rights
• Generate content that promotes violence, hatred, discrimination, or illegal activities
• Impersonate any person or entity without authorization
• Attempt to reverse engineer, decompile, or extract the App's AI models or algorithms
• Use the App for any automated or bulk processing without our written permission
• Resell, redistribute, or sublicense App features, credits, or generated content
• Bypass, disable, or interfere with security features of the App
• Scrape, harvest, or collect face data or images from the App for any database or collection

5. Intellectual Property Rights

5.1 Generated Images

For images you generate using SceneBooth AI:

• Free Users: You receive a non-exclusive, personal, non-commercial license to use generated images for personal purposes only
• Pro Subscribers: You receive a non-exclusive, worldwide, royalty-free license to use generated images for both personal and commercial purposes, subject to these Terms and applicable laws
• We retain no ownership rights in your generated images
• You acknowledge that AI-generated images may have limited copyright protection in some jurisdictions
• You acknowledge that similar or identical images may be generated for other users using similar inputs
• Important: If generated images contain recognizable likenesses of real persons, you are responsible for obtaining necessary publicity rights, model releases, or other consents for commercial use. The license granted here does not include rights to any person's likeness, identity, or publicity rights.

5.2 App Content and Intellectual Property

The App itself, including but not limited to:

• Software, code, and technical infrastructure
• User interface design and user experience elements
• Templates, prompts, and creative assets
• AI models, algorithms, and underlying technology
• Trademarks, logos, and branding
• Documentation and marketing materials

are owned by us or our licensors and protected by intellectual property laws including copyright, trademark, patent, and trade secret laws. You may not copy, modify, distribute, sell, or create derivative works based on the App or its components without our express written permission.

6. Privacy and Data

Your privacy is critically important to us. Our collection, use, and protection of your personal information (including face data) is governed by our Privacy Policy at https://okandemirkaya.com/scenebooth/privacy.html, which is incorporated into these Terms by reference. By using the App, you consent to our data practices as described in the Privacy Policy.

Key Privacy Points:

• We do NOT permanently store your uploaded images (including face data) on our servers
• We do NOT permanently store your generated images on our servers (they are saved only on your device)
• Images are processed temporarily in server memory (10-60 seconds) for generation purposes only, then immediately deleted
• Uploaded images (including face data) are temporarily sent to third-party AI services (OpenAI DALL-E, Google AI, Replicate) for AI generation processing
• We do NOT use your images or face data to train AI models
• We do NOT sell or share your images or face data with third parties for marketing purposes
• We do NOT use face data for biometric identification, authentication, surveillance, or tracking
• You can delete generated images from your device at any time

Third-Party AI Services: By using the App, you acknowledge and consent that your uploaded images (including face data) will be temporarily transmitted to and processed by third-party AI service providers (OpenAI, Google AI, Replicate) solely for the purpose of generating your requested images. These providers have their own privacy policies and data retention practices as detailed in our Privacy Policy Section 4.3.

7. Termination

We reserve the right to suspend or terminate your access to the App at any time, without notice, for:

• Violation of these Terms or our Privacy Policy
• Fraudulent or illegal activity
• Creating multiple accounts to abuse free credits or trials
• Generating prohibited content as described in Section 4.2
• Uploading images of persons without their consent or creating non-consensual content
• Creating deepfakes, misleading content, or abusing face data processing features
• Attempting to hack, exploit, or damage the App or its infrastructure
• Any conduct we determine, in our sole discretion, to be harmful to the App, other users, or third parties

Upon termination, your right to use the App will immediately cease, and any unused credits will be forfeited without refund. Active subscriptions may be subject to Apple's refund policies. Generated images stored on your device will remain accessible to you.

8. Disclaimers and Limitations of Liability

8.1 No Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• The App will be uninterrupted, secure, or error-free
• Generated images will meet your specific requirements, expectations, or quality standards
• AI-generated content will be accurate, appropriate, or free from defects
• Any defects or errors will be corrected
• The App or its servers are free from viruses or harmful components
• The App will be available at all times or any particular time
• Third-party AI services (OpenAI, Google AI, Replicate) will be continuously available or error-free

8.2 AI-Generated Content Disclaimer

AI-generated images are created by artificial intelligence and may:

• Contain errors, artifacts, distortions, or unexpected elements
• Not accurately represent reality or the intended subject
• Vary in quality based on input images and prompts
• Require multiple attempts to achieve desired results
• Include unintended facial features or characteristics when processing face data
• Produce results that differ from user expectations

We are not responsible for the quality, accuracy, appropriateness, or legality of AI-generated images. You are solely responsible for how you use generated images, especially those containing recognizable likenesses of real persons.

8.3 Third-Party Services Disclaimer

The App relies on third-party AI services (OpenAI DALL-E, Google AI, Replicate) for image generation. We do not control these services and are not responsible for:

• Availability, performance, or reliability of third-party AI services
• Quality or accuracy of images generated by third-party AI models
• Third-party data processing practices (see their respective privacy policies)
• Changes, interruptions, or discontinuation of third-party services
• Any content generated by third-party AI models

8.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OKAN DEMIRKAYA, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of use, goodwill, or reputation
• Cost of procurement of substitute services
• Personal injury or property damage
• Any damages arising from your use or inability to use the App
• Any unauthorized access to or use of your content or face data
• Any conduct or content of third parties, including third-party AI services
• Any content obtained from the App or generated by the App
• Any claims arising from your violation of third-party rights (including privacy, publicity, or intellectual property rights)
• Any claims related to the use, misuse, or distribution of AI-generated images

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Okan Demirkaya and our affiliates, directors, officers, employees, agents, contractors, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising from:

• Your use or misuse of the App
• Your violation of these Terms or applicable laws
• Your violation of any third-party rights, including intellectual property, privacy, publicity, or other personal rights
• Any content you upload to the App, including images containing faces
• Any images you generate using the App and how you use, distribute, or display them
• Any claims arising from your failure to obtain necessary consents from persons whose faces appear in uploaded images
• Any claims arising from non-consensual use of face data or creation of deepfakes, misleading content, or other prohibited content
• Any dispute between you and another user
• Your violation of any person's privacy, publicity, or biometric privacy rights

10. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through:

• An in-app notification
• Email notification (if you have provided an email address)
• Updating the "Last Updated" date at the top of these Terms
• Posting updated Terms at https://okandemirkaya.com/scenebooth/terms.html

Your continued use of the App after such changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the App and may cancel your subscription.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of law provisions.

Any disputes, claims, or controversies arising from or relating to these Terms or your use of the App shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with Turkish law, except where prohibited by applicable law.

You and we agree to waive any right to a jury trial. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or privacy rights.

12. Apple App Store

If you access the App via the Apple App Store, you acknowledge and agree to the following additional terms:

• These Terms are between you and Okan Demirkaya only, not with Apple Inc.
• Apple has no obligation to provide any maintenance or support services for the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any), and to the maximum extent permitted by law, Apple will have no other warranty obligation
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to applicable legal or regulatory requirements; and (c) claims arising under consumer protection, privacy, or similar legislation
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, or discharge of such claim
• You must comply with all applicable third-party terms when using the App (e.g., wireless data service agreement)
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you
• You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties

13. Export Compliance

You may not use, export, re-export, import, or transfer the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

14. Biometric Privacy and Compliance

Certain jurisdictions have specific laws regarding the collection and processing of biometric information, including face data (e.g., Illinois Biometric Information Privacy Act, Texas Capture or Use of Biometric Identifier Act, California Consumer Privacy Act). By using the App, you acknowledge and agree that:

• Face data from uploaded photos is collected and processed for the sole purpose of AI image generation
• Face data is temporarily sent to third-party AI service providers (OpenAI, Google AI, Replicate) for processing
• Face data is retained only temporarily (10-60 seconds) during processing, then permanently deleted
• We do not use face data for biometric identification, authentication, or to uniquely identify individuals
• You have the right to refuse to provide face data by not uploading photos containing faces
• You can request deletion of your account data at any time (note: uploaded face data is already automatically deleted after processing)
• We will not sell, lease, trade, or otherwise profit from your face data

For complete information about how we collect, use, store, and share face data, please review our Privacy Policy Section 4: https://okandemirkaya.com/scenebooth/privacy.html

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

15.4 Assignment

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

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, fuel crises, or interruptions in third-party AI services.

15.6 Language

These Terms are provided in English. Any translations are provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

15.7 Contact for Legal Notices

All legal notices to us must be sent to: support@okandemirkaya.com