Terms of Service

Effective date: September 1, 2026
Version: 2.0
Applies to: the Muza mobile application, the website appmuza.com and all related services

Company details. In this document, "Company", "we", "us" and "our" refer to:

Legal name: ONCREATE LTD, a limited liability company organized under the laws of Ukraine
Registered address: 31V Serhiia Podolynskoho Street, Dnipro, 49069, Ukraine
Product: Muza (App Store ID 6467420403), https://appmuza.com 
Support: [email protected] 
Privacy requests: [email protected] 
Legal notices and copyright complaints: [email protected] 

Key points (summary)

This summary is provided for convenience only. It is not a substitute for the full Terms below, which are the binding agreement.

1. About these Terms

1.1 Agreement. These Terms of Service ("Terms") are a legally binding agreement between you and the Company. They govern your access to and use of the Muza mobile application (the "App"), the website located at appmuza.com and its subdomains (the "Website"), any web or desktop versions of Muza that we may release, and all related features, content, tools and services we provide (collectively, the "Service" or "Muza").

1.2 Acceptance. By creating an account, tapping "Continue", "I agree" or a similar button, installing, accessing or using the Service, or making a purchase, you confirm that you have read, understood and agree to be bound by these Terms and the documents incorporated into them. If you do not agree, you must not use the Service.

1.3 Documents that form part of these Terms. The following documents are incorporated into these Terms by reference (together with these Terms, the "Legal Documents"):

Our Privacy Notice (appmuza.com/info/privacy) and Cookie Policy (appmuza.com/info/cookies) describe how we handle personal data. They are notices, not contractual terms, but you should read them.

1.4 Order of precedence. If there is a conflict between these Terms and a document incorporated into them, the incorporated document prevails with respect to its specific subject matter, unless it expressly states otherwise. Additional Terms for a specific feature prevail over these Terms for that feature.

1.5 Business users. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" includes both you and that entity. Consumer protections described in these Terms apply only to natural persons acting for purposes outside their trade, business, craft or profession.

1.6 Language. These Terms are drafted in English. Translations may be provided for convenience. In case of any discrepancy, the English version prevails to the extent permitted by applicable law.

1.7 Changes to these Terms. We may update these Terms for the following reasons: (a) to reflect changes in the Service, including new, changed or discontinued features, models, providers, plans or platforms; (b) to comply with changes in law, regulation, court decisions or the requirements of App Store Providers, Payment Processors or other Third-Party Services; (c) to address security, fraud, abuse or technical issues; (d) to correct errors or improve clarity; or (e) to reflect changes in our business, such as a change of the operating company. If a change is material, we will give you reasonable advance notice (normally at least 30 days) by posting the updated Terms in the App or on the Website, by sending a notice in the App, or by email, and we will ask you to accept the updated Terms in the App. The updated Terms take effect on the effective date stated in them. If you do not agree, you must stop using the Service and may delete your account; where you are a consumer and a change materially and adversely affects the Service you have paid for, you may terminate your Subscription and receive a pro rata refund for the unused period in accordance with the Subscriptions, Credits & Refund Policy. If you are a consumer in the EU, EEA or UK, material changes that are not required by law or by an App Store Provider do not bind you unless you have actively accepted them. Changes to Section 16.2 (Arbitration Agreement) are governed by the rules in that Section.

2. Eligibility and accounts

2.1 Minimum age. You must be at least 18 years old, or the age of majority in your country or state of residence if that is higher, to use the Service. The Service is not directed to children, and we do not knowingly allow persons under 18 to use it. We may use reasonable measures to verify your age and may suspend or terminate accounts we reasonably believe belong to persons under 18.

2.2 Other eligibility conditions. You may use the Service only if you (a) are not barred from using it under the laws of any applicable jurisdiction, (b) have not previously been suspended or removed from the Service for violating these Terms, and (c) comply with Section 19 (Export Controls and Sanctions).

2.3 Creating an account. Many features can be used without an account, but some features (for example cloud sync, AI Characters, Social Growth Features and purchases restored across devices) require you to create an account. You may sign in with Sign in with Apple, Google Sign-In or an email address and password. You agree to provide accurate and current information and to keep it updated. If you use the Service without an account, your projects are stored only on your device and may be lost if the App is deleted or the device is changed; data needed for cloud features (such as onboarding answers and files uploaded for AI processing) is linked to an identifier of your installation and is deleted as described in the Privacy Notice. Purchases made without an account are linked to your App Store account and to your installation, and Credits may be lost if you delete the App before creating an account.

2.4 Account security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access. We are not liable for loss arising from unauthorized use of your account that results from your failure to protect your credentials.

2.5 One person, one account. You may not create more than one personal account, share your account with others, or transfer your account to anyone else, unless we expressly permit it. Purchases and Subscriptions are linked to the account through which they were made (and, for App Store purchases, to your Apple Account), and cannot be moved between accounts except where we or the App Store Provider expressly allow it.

2.6 Verification. We may require you to re-authenticate, verify your email address or otherwise confirm your identity before performing sensitive actions such as changing account details, deleting your account, or accessing certain features.

3. The Service

3.1 What Muza offers. Muza currently includes, depending on your plan, region, device and App version:

(a) Editing tools: photo and video editing, retouching, filters, color correction, background removal and replacement, object removal, collages, video montage, subtitles, voice-over, and similar tools. Some tools run entirely on your device; others process your content on our servers and through AI Providers (as defined in Section 6.2).

(b) AI Features: cloud-based generation and transformation of images, video, music, speech and text; image upscaling and restoration; AI presets and templates; face-related features such as AI headshots, hairstyle changes, face swap and lip sync; AI Characters, which let you create a reusable digital character (including a voice) from photos of yourself or, with their consent, another person; and AI Video Studio, a step-by-step generator for short videos.

(c) Social Growth Features: analysis of your public social media profile and of public profiles you select for comparison, AI-generated strategy, content plans, ideas, captions, visuals and videos, and related insights (see Section 7).

(d) AI Assistant and SMM Team: a conversational AI assistant that can operate the editor and Social Growth Features on your instructions, and a set of AI personas (the "SMM Team") that present analysis, plans and reminders in the form of messages. These are automated AI systems, not human beings (see Section 6.5).

(e) Brand Kit and Knowledge Base: tools to store your logos, brand images, brand voice, documents and notes so that AI Features can personalize their results.

(f) Sync: cloud backup and synchronization of your projects and Knowledge Base across your devices (available with certain plans).

(g) Content Libraries: templates, presets, filters, fonts, stickers, sounds, music, poses, ideas, articles and similar materials provided by us ("Muza Content"), and stock photos, videos and GIFs provided through third-party services such as Unsplash, Pexels and GIPHY, and system features such as Apple Image Playground ("Third-Party Content").

3.2 Changes to the Service. The Service evolves continuously. We may add, modify, replace, restrict or discontinue any feature, model, tool, library item, provider or plan at any time, including for technical, legal, security or commercial reasons. AI models and providers in particular change frequently, and we do not promise that any specific model, style, quality level or result will remain available. Where a change would materially and adversely affect a paid feature you are currently entitled to, we will try to give you reasonable notice and, if required by law, the remedies described in Section 1.7.

3.3 Platforms. Muza is currently available for iOS (and can run on Apple silicon Macs as an iOS app). We may make Muza available for Android (through Google Play or other platforms), for the web or for other platforms at any time. These Terms apply to all versions and platforms unless we publish separate terms for a specific version.

3.4 Beta and experimental features. We may offer features labeled "beta", "preview", "experimental", "early access" or similar. These features are provided for evaluation, may be unstable or incomplete, may be withdrawn at any time, and are provided "as is" without any warranty. Your use of them is at your own risk, and we appreciate feedback about them.

3.5 Usage limits and fair use. We may set and change limits on the Service, including on the number, size, duration, resolution and frequency of uploads and generations, on concurrent processing, on storage, and on the number of social profiles you may analyze. We may throttle, queue or refuse requests that exceed these limits or that appear automated or abusive.

3.6 Free tier limitations and technical protection. Free use of the Service may be limited in features, quality and quantity. Content exported on the free tier may carry a visible Muza watermark. The App may use technical measures, such as preventing screenshots or screen recording of premium content, to protect Muza Content and paid features. You agree not to circumvent, disable or interfere with any such measure.

3.7 Updates and compatibility. We may release updates that you must install to continue using the Service. Older versions of the App may stop working. The Service may not be compatible with all devices or operating system versions.

3.8 Support. We provide support by email at [email protected] and through in-app support tools. We aim to respond within a reasonable time but do not guarantee a specific response time unless stated in your plan.

3.9 No professional advice. The Service, including strategies, plans, insights, captions and other Outputs, provides general information and creative assistance. It does not constitute marketing, legal, financial, medical or other professional advice, and you should not rely on it as such.

4. Plans, Subscriptions, Muza Credits and payment

This Section summarizes how paid features work. Full terms are in the Subscriptions, Credits & Refund Policy, which forms part of these Terms.

4.1 Free tier. You may use certain features of the Service free of charge, subject to the limitations described in the App and in Section 3.6.

4.2 Subscriptions. We offer auto-renewing subscription plans ("Subscriptions") with different billing periods (for example weekly, monthly or annual) and tiers. A Subscription gives you access to the premium features of the App for its term. Certain AI generations and features consume Muza Credits as indicated in the App, and some features may be limited to particular tiers. The plans, prices, billing periods, included Credits, trial terms and features available to you are those shown in the App or on the Website at the time of purchase; they may vary by region and may change for future purchases. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the end of the current period.

4.3 Muza Credits. "Muza Credits" (or "Credits") are the unit used within the Service to access AI generations and other Credit-based features. Credits are a limited, revocable, non-transferable license to access features of the Service. They are not money, currency, property, electronic money or a stored-value product, have no cash value, cannot be redeemed, exchanged, sold or transferred, and cannot be used outside the Service. There are three types of Credits:

(a) Plan Credits: Credits included in a Subscription and allocated in installments during the Subscription term (currently once a month, including on annual plans, as shown in the App; each such period an "Allocation Period"). Unused Plan Credits expire at the end of the Allocation Period in which they were allocated and do not roll over.

(b) Credit Packs: Credits purchased separately as consumable in-app purchases. Credit Packs do not expire for as long as your account exists, and remain available whether or not you have an active Subscription (although some features may require a Subscription).

(c) Bonus Credits: Credits that we grant free of charge, for example on first use, through promotions, vouchers or as goodwill. Bonus Credits may carry an expiry date or other conditions stated when they are granted.

Credits are consumed in the following order: Bonus Credits (earliest expiry first), then Plan Credits, then Credit Packs. The number of Credits required for a generation is shown in the App before you confirm it, and may vary by feature, model, provider, duration, resolution and other parameters. We may change Credit prices for future generations at any time. If a generation fails for technical reasons attributable to us or to an AI Provider, the Credits deducted for it are returned to your balance automatically or on request made within 30 days. Credits are not returned for generations that complete successfully but do not meet your expectations, and we may decline to return Credits for requests rejected by safety filters because they violated these Terms. Credits are forfeited, without refund, if you delete your account or if we terminate your account for a material or repeated violation of these Terms (including any violation of Section 8.2); if we terminate your account for any other reason, we will refund the unused Credit Packs pro rata where required by law or where we consider it fair. We may correct Credit balances that were credited in error or obtained through fraud or abuse.

4.4 Purchases through App Store Providers. When you buy a Subscription or Credit Pack through the Apple App Store, Google Play or another app distribution platform (each an "App Store Provider"), the purchase is processed by the App Store Provider under its own terms, which you also agree to. The App Store Provider collects payment, applies taxes, issues receipts, manages renewals and cancellations, and decides refund requests. We do not receive your full payment card details. We cannot cancel or refund purchases made through an App Store Provider; please use the App Store Provider's tools (for Apple, Settings > your name > Subscriptions, and reportaproblem.apple.com; for Google Play, the Subscriptions section of the Google Play app and Google's refund process).

4.5 Purchases through the Website or other channels. If we offer Subscriptions or Credits for purchase directly through the Website or another channel, payments are processed by third-party payment service providers (for example Stripe, Paddle or a similar provider) ("Payment Processors"). Depending on the provider, the Payment Processor may act as merchant of record for the transaction, in which case its terms also apply. By providing a payment method, you authorize us and our Payment Processor to charge it for the initial purchase and, for Subscriptions, for each renewal until you cancel. You can cancel a Subscription purchased on the Website through your account settings on the Website or by contacting [email protected]; cancellation takes effect at the end of the current billing period. Prices may be shown in your local currency; taxes may be added where required.

4.6 Free trials and promotional pricing. Some plans include a free trial or introductory price. Unless you cancel at least 24 hours before the trial or introductory period ends, your Subscription converts automatically to a paid Subscription at the price shown when you signed up. We may limit trials to one per person, account, device or payment method, and may withdraw trial offers at any time.

4.7 Price changes. We may change prices for Subscriptions and Credits. Price changes for an existing Subscription take effect only from the next billing period after we notify you; where required by the App Store Provider or by law, we will obtain your consent before a price increase applies to you, and if you do not consent your Subscription will end at the end of the current period.

4.8 Refunds. Except as set out in the Subscriptions, Credits & Refund Policy or as required by applicable law, all purchases are final and non-refundable. Nothing in this Section limits the statutory rights of consumers, including the right of withdrawal available to consumers in the EU, EEA and UK for purchases made through the Website (see the Subscriptions, Credits & Refund Policy).

4.9 Vouchers and promotions. Promo codes, vouchers and promotional offers are subject to the conditions stated with them, have no cash value, may not be combined unless stated, and may be withdrawn at any time. We may cancel benefits obtained through misuse of a promotion.

4.10 Chargebacks and fraud. If a payment is reversed or disputed, or we reasonably suspect fraud, abuse or unauthorized use, we may suspend the associated account and features, remove Credits or content obtained through the disputed payment, and take other lawful measures until the matter is resolved.

5. Your Content

5.1 Definitions. "Input" means anything you upload, record, type, link or otherwise provide to the Service, including photos, videos, audio, voice recordings, text prompts, documents, notes, brand assets, social media handles and URLs, chat messages and answers to questions. "Output" means content that the Service generates, modifies or enhances at your request using AI Features or editing tools. "Your Content" means your Inputs, your Outputs and any other materials stored in your account or projects.

5.2 Ownership of Inputs. You retain all ownership rights you have in your Inputs. Nothing in these Terms transfers ownership of your Inputs to us.

5.3 License you grant to us. So that we can operate the Service, you grant the Company a non-exclusive, worldwide, royalty-free, transferable license, with the right to sublicense to our service providers (including hosting providers and AI Providers), to host, store, cache, reproduce, modify, adapt, transmit, display, perform, create derivative works of and otherwise process Your Content solely for the purposes of (a) providing, maintaining, securing and improving the Service for you, including generating Outputs, synchronizing Your Content across your devices, personalizing your experience and creating personalized representations described in Section 5.5; (b) complying with applicable law and legal process; and (c) enforcing these Terms and protecting the rights, property and safety of users, the Company and the public. This license ends when you delete the relevant content or your account, except that (i) copies may persist in backups and logs for a limited period as described in the Privacy Notice, (ii) we may retain content where required by law or to resolve disputes or enforce these Terms, and (iii) the license continues for aggregated or de-identified data that cannot reasonably be linked to you.

5.4 We do not train generative AI on Your Content. We do not use Your Content, including your photos, videos, voice, face data, prompts, documents or Outputs, to train, fine-tune or otherwise improve generative AI models that are used to serve other users. We select AI Providers whose service terms prohibit them from using customer content to train their models, or we disable such use where the provider offers a setting, and we do not knowingly send Your Content to a provider for training purposes. We may use aggregated or de-identified usage information, and explicit feedback you give (such as ratings of Outputs), to improve prompts, quality controls and the Service generally; this does not involve training AI models on your photos, videos, voice or face data. If we ever wish to use Your Content to train AI models, we will ask for your separate, explicit consent first, and you will be free to refuse.

5.5 Personalized representations. Certain features, such as AI Characters, create a personalized model, embedding or representation of a person from the Inputs you provide, solely so that the Service can generate content for your account that resembles that person. Such representations are used only for your account, are not shared with other users, and are deleted when you delete the relevant character or your account, in accordance with the Privacy Notice and the Face & Voice Data (Biometric) Notice.

5.6 Your responsibilities and warranties. You are solely responsible for Your Content and for how you use and publish it. You represent and warrant that:

(a) you own or have obtained all rights, licenses, consents and permissions necessary to provide your Inputs to the Service and to allow the processing described in these Terms;

(b) for every identifiable person who appears in your Inputs (in image, video or voice), you have obtained that person's consent to the use of their likeness or voice in the Service and, for face swap, lip sync, AI Characters, voice generation, AI headshots and other features that reproduce or transform a person's face, body or voice, you are that person or you have that person's explicit, informed consent (in writing where required by applicable law) for the specific use;

(c) your Inputs do not include images, video or voice of persons under 18 for use with face swap, AI Characters, lip sync, voice generation or any other feature that reproduces or transforms a person's likeness or voice;

(d) your Inputs do not include biometric identifiers or templates (such as face geometry files or voiceprints) of other persons, and you will not use the Service to identify, verify or authenticate individuals;

(e) your Inputs do not infringe or misappropriate any intellectual property, privacy, publicity, contractual or other right of any person, and do not violate any law or these Terms;

(f) where your Inputs include personal data of your customers, employees or other third parties (for example in documents you add to the Knowledge Base), you are responsible for that data as its controller and have a lawful basis to use it in the Service, and you will not provide special categories of personal data (such as health, biometric or financial data of others) unless strictly necessary and lawful;

(g) social media accounts you ask us to analyze are your own accounts or public business, creator or brand accounts, and you will not use the Service to monitor, profile or harass private individuals (see Section 7).

5.7 Storage and loss of content. The Service is not a general-purpose storage or backup service. You are responsible for keeping your own copies of Your Content. Unless Sync is active for your account, projects are stored only on your device. We may delete uploads, temporary files, unfinished generation runs and cached data after the periods described in the Privacy Notice, and we may delete Your Content when your account is deleted or terminated. Except where caused by our breach of these Terms or by our gross negligence or willful misconduct, we are not liable for loss, corruption or unavailability of Your Content.

5.8 Monitoring and removal. We are not obliged to monitor Your Content, but we may do so using automated tools (such as safety classifiers applied to requests and results) and, where necessary, human review, to detect violations of these Terms, protect users and comply with law. We may remove, refuse to process, block or restrict access to any content that we reasonably believe violates these Terms, infringes third-party rights or exposes us to liability, without notice and without liability to you. Where required by law, we will provide a statement of reasons. You may contest a moderation decision by emailing [email protected] within six months; we will review it, with human involvement, and reply within a reasonable time.

5.9 Feedback. If you send us ideas, suggestions or other feedback about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify and commercialize the Feedback without any obligation to you. Feedback is not confidential.

6. AI Features and Outputs

6.1 Nature of AI results. AI Features rely on machine learning models that generate results probabilistically. Outputs may be inaccurate, incomplete, out of date, biased, offensive, low quality, off-brand or unsuitable for your purpose; may contain fabricated facts, names, statistics or claims; may unintentionally resemble existing works, brands, trademarks or real persons; and may differ each time you run the same request. Outputs are not verified by us. You must review every Output before relying on it or publishing it, and you are solely responsible for any use you make of Outputs, including for compliance with advertising, consumer protection, endorsement and disclosure laws and with the rules of the platforms where you publish.

6.2 Third-party AI Providers. AI Features are delivered using third-party AI infrastructure, model-hosting platforms, aggregators and model developers (collectively, "AI Providers"). To generate an Output, the relevant Inputs (for example your photo, video, audio, prompt, brand voice or Knowledge Base excerpt) are transmitted through our servers to one or more AI Providers, which process them on our behalf and return the result. AI Providers do not receive your account credentials or payment details, and we send them only the data needed for the request; they may, however, see names and other details contained in the Inputs themselves (for example in your public profile, documents or messages). The AI Providers we use, the models they host and the routing between them may change at any time without notice; the current list of key providers is available at appmuza.com/info/third-party-services. AI Providers apply their own content policies and safety filters and may reject or alter requests. To the maximum extent permitted by applicable law, we are not responsible for the availability, latency, errors, model behavior, content filtering, deprecations or acts and omissions of AI Providers or of the developers of the models we do not develop ourselves; this does not limit our own obligations under applicable data protection law or our liability where it cannot be excluded.

6.3 Ownership of Outputs. Subject to your compliance with these Terms and to any applicable payment obligations, and to the extent permitted by applicable law, we assign to you all of our right, title and interest, if any, in and to the Outputs you generate, at the moment they are generated. You may use Outputs for personal and commercial purposes, including on your social media, in your marketing and in your business, subject to the following:

(a) Muza Content and Third-Party Content. Outputs may incorporate Muza Content (such as templates, presets, fonts, stickers, sounds or music) or Third-Party Content (such as stock photos, videos or GIFs). We grant you a non-exclusive, worldwide license to use such Muza Content as part of your Outputs; you may not extract it and use or distribute it separately, and you may not resell or redistribute it as a stand-alone asset. Third-Party Content remains subject to the terms of its provider (for example the Unsplash License, the Pexels License or the GIPHY terms), which may require attribution or restrict certain uses.

(b) Non-uniqueness. Because of the nature of AI, Outputs may not be unique. Other users may generate identical or similar Outputs, and we do not warrant that any Output is original, unique or free of similarity to existing works. You waive any claim against the Company or other users based on similarity between Outputs.

(c) No guarantee of protection. We do not represent or warrant that Outputs are protectable by copyright, trademark or any other intellectual property right in any jurisdiction, or that your use of Outputs will not infringe the rights of third parties.

(d) Watermarks. Outputs generated or exported on the free tier may carry a visible Muza watermark. You may not remove, obscure or alter it.

(e) Model-specific restrictions. Certain models or features may carry additional restrictions on use of their Outputs (for example a restriction to non-commercial use). Where this applies, we will indicate it in the App, and you agree to comply.

(f) Survival. Your rights in Outputs you have already generated and exported survive the end of your Subscription or account, subject to these Terms.

6.4 Provenance signals and disclosure obligations. We may embed machine-readable provenance information (such as content credentials, metadata or imperceptible watermarks) into Outputs to indicate that they were generated or modified by AI, and we may allow third parties to detect such signals. You agree not to remove, alter or obscure provenance information embedded in Outputs. You are responsible for complying with all laws and platform rules that require the disclosure of AI-generated or manipulated content, including, where applicable, Article 50 of the EU Artificial Intelligence Act, US state laws on synthetic media and advertising, and the policies of social media platforms. In particular, where an Output depicts a real person, place, event or product in a way that could reasonably be taken as authentic, you must clearly disclose that it was generated or manipulated by AI, and you may not present an Output as an authentic recording or as human-created where doing so would be misleading.

6.5 AI Assistant and SMM Team are AI. The AI Assistant and the members of the SMM Team are automated AI systems. Although the SMM Team personas have names, faces, roles and personalities and communicate with you through messages and notifications, they are not human beings, and their messages are generated automatically. Nothing communicated by the AI Assistant or the SMM Team constitutes a statement, promise, commitment or professional advice by the Company.

6.6 Safety filters and moderation. The Service is not designed for, and must not be used for, creating pornographic, sexually explicit or other adult content, or any other content prohibited by Section 8. We and our AI Providers use automated safety filters and may refuse, block or modify requests or Outputs that appear to violate these Terms or a provider's policies. Filters are imperfect: they may block legitimate requests, and prohibited content may occasionally pass through them. You remain responsible for the requests you make and for any content you create, and you agree not to attempt to circumvent filters and to report any prohibited content you encounter to [email protected]. To the maximum extent permitted by law, we are not liable for content that a user creates in violation of these Terms despite our filters. We may report content and users to law enforcement or other authorities where required or appropriate, including any content that sexually exploits minors.

6.7 No guaranteed results. We do not guarantee that the use of the Service, including Social Growth Features, will result in followers, reach, engagement, sales, revenue, rankings or any other outcome.

7. Social Growth Features

7.1 How they work. Social Growth Features allow you to provide your own social media handle(s), your website address and, depending on your plan, the handles of a limited number of other public accounts you wish to compare yourself with ("Reference Accounts"). The Service collects publicly available information about those accounts (such as public profile details, public posts and their public engagement metrics) through third-party data providers or platform APIs ("Data Providers"), analyzes it with AI, and generates strategies, plans, ideas and draft content for you.

7.2 Public data only; no credentials; no posting. We collect only information that is publicly accessible. We do not ask for, and you must not provide, passwords or login credentials for any third-party platform. Unless we expressly introduce a publishing feature under Additional Terms, the Service does not post, comment, message, follow or otherwise act on any platform on your behalf; you publish content yourself.

7.3 Availability and accuracy. Data Providers and platforms may change, restrict or block access to public data at any time. We do not guarantee that Social Growth Features will be available for any platform or account, or that the data, metrics, benchmarks, trends, scores, predictions or recommendations are complete, current or accurate. Analysis is automated and may be wrong.

7.4 Your obligations. You agree that (a) you will analyze only accounts that are your own or that are public business, creator, brand or public-figure accounts; (b) you will not use the Service to monitor, track, profile, stalk or harass any individual, or to collect data about private persons or minors; (c) you are responsible for complying with the terms and policies of the platforms you use, and you accept that a platform may restrict or suspend your accounts for reasons outside our control; (d) you will not use Reference Account data to copy, plagiarize or misappropriate another creator's content or identity; and (e) you will not attempt to use the Service to circumvent any platform's technical or contractual restrictions.

7.5 No affiliation. Muza is an independent product. It is not affiliated with, endorsed by, sponsored by or otherwise connected to Meta Platforms, Instagram, Threads, TikTok, X, YouTube, LinkedIn, Pinterest or any other platform. Their names and logos are trademarks of their respective owners and are used only to identify the platforms.

7.6 Data of other people. Public information about Reference Accounts and other third parties is processed as described in the Privacy Notice, is cached for a limited period and is used only to provide the analysis you requested. If you are a person whose public profile information has been processed by the Service and you have questions or objections, contact [email protected]. 

8. Acceptable use and AI content rules

8.1 General rules. You may use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service, or allow anyone else to use it, to:

(a) violate any applicable law, regulation or court order, or the rights of any person;

(b) upload, generate, store or distribute content that infringes or misappropriates any copyright, trademark, patent, trade secret, right of publicity, privacy right or other right of any person;

(c) upload, generate or distribute content that is defamatory, obscene, hateful, discriminatory, harassing, threatening, violent, or that promotes terrorism, extremism, self-harm, eating disorders, illegal drugs or weapons;

(d) engage in, promote or facilitate fraud, scams, phishing, spam, pyramid schemes, or deceptive commercial practices;

(e) interfere with the operation or security of the Service, introduce malware, probe or test vulnerabilities without authorization, or access data or accounts that do not belong to you;

(f) reverse engineer, decompile, disassemble or attempt to derive the source code, models, prompts, weights or algorithms of the Service or of any component of it, except to the extent that applicable law expressly permits this despite this restriction;

(g) use bots, scripts, scrapers or other automated means to access the Service, extract data or Content Libraries, or create Outputs in bulk, except through interfaces we expressly provide for that purpose;

(h) resell, sublicense, rent, lease, time-share or otherwise commercially exploit access to the Service, Credits or Muza Content, or use the Service to build or train a competing product, model or dataset;

(i) circumvent or attempt to circumvent Credit accounting, usage limits, free-tier restrictions, watermarks, screenshot protection, safety filters, geographic restrictions or other technical or contractual limits, including by creating multiple accounts;

(j) collect, harvest or process personal data of other people without a lawful basis, or use the Service to make decisions that produce legal or similarly significant effects on individuals.

8.2 AI-specific rules. In addition, you must not use the AI Features to create, request or distribute:

(a) any sexual, sexualized, nude or suggestive content depicting a person under 18, whether real, fictional, generated or "aged" in appearance, or any other content that sexualizes minors or facilitates child abuse or exploitation; we treat this as an absolute prohibition, terminate accounts immediately and report to authorities;

(b) pornographic, sexually explicit or other adult content of any kind, whether depicting real, fictional or generated persons, including intimate content depicting any real, identifiable person without that person's explicit consent (so-called "non-consensual intimate imagery" or sexual deepfakes);

(c) content that depicts a real, identifiable person (by face, body, voice or other likeness) without that person's consent, other than yourself, including through face swap, AI Characters, lip sync, voice generation or "placing" people in scenes, events or locations, or content that depicts public figures or celebrities in a way that is deceptive, defamatory, sexual, harmful, or that implies endorsement;

(d) content that impersonates any person, organization, brand or official body, or that falsely claims to be an authentic recording, photograph, document, news report or communication;

(e) content that is intended to deceive people about matters of public interest, including elections, public health, emergencies, crimes or historical events, or that constitutes a political advertisement without the disclosures required by law;

(f) content that removes, obscures or alters watermarks, signatures, copyright notices, provenance information or other rights-management information from works that do not belong to you (including through the object removal, text removal, eraser or inpainting tools), or that reproduces the distinctive style, name or likeness of an artist or brand in a way that infringes their rights or misleads the public;

(g) voice clones or synthetic voices of any real person (other than yourself) without their explicit consent, or any use of a synthetic voice to deceive, defraud or harass;

(h) content that promotes or provides instructions for violence, weapons, dangerous substances, self-harm, or criminal activity;

(i) content that violates the acceptable-use or content policies published by the AI Providers whose models are used for the relevant feature (the providers are identified on the Third-Party Services page).

8.3 Publishing obligations. When you publish Outputs, you are responsible for complying with all applicable laws and platform rules on advertising, endorsements and testimonials, influencer disclosures, product claims, comparative advertising, unfair competition, and disclosure of AI-generated content.

8.4 Enforcement. We may investigate suspected violations and take any action we consider appropriate, including issuing warnings, removing or blocking content, restricting features, suspending or terminating accounts, forfeiting Credits, refusing future service, preserving evidence, and reporting to law enforcement, platforms or rights holders. We may act on reports from users, rights holders or third parties. To report a violation, contact [email protected]. If you are a person depicted in intimate content that was created or stored using the Service without your consent, email [email protected] with the subject "Intimate image removal"; we will remove such content stored in the Service within 48 hours of a valid request and take reasonable steps to prevent its re-upload.

9. Intellectual property

9.1 Our rights. The Service, including the App, the Website, their software, code, models, prompts, workflows, algorithms, user interfaces, designs, text, graphics, audio, video, Muza Content, the SMM Team personas and characters, the names "Muza" and "ONCREATE", logos, and all other materials provided by us, together with all intellectual property rights in them, are owned by the Company or its licensors and are protected by copyright, trademark and other laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.

9.2 License to you. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, and to access and use the Service, for your personal use or your own internal business use.

9.3 Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, publicly display or perform, create derivative works of, or otherwise exploit any part of the Service or Muza Content except as expressly permitted in these Terms, and you may not remove or alter any proprietary notices.

9.4 Muza Content. You may use Muza Content only within the Service and as part of Your Content and Outputs created with the Service. You may not extract, download, copy or redistribute Muza Content as stand-alone files, use it to create templates, packs or libraries for other products, or claim it as your own. Some Muza Content is created by us, some is generated with AI tools, and some is licensed from third parties; the rights and provenance of Muza Content are described in the Copyright, Content & DMCA Notice.

9.5 Third-party software, models and fonts. The App includes software components, machine learning models, fonts, SDKs and other materials provided by third parties under their own licenses, including open-source licenses (such as the MIT, Apache 2.0 and BSD licenses). Those components are licensed to you by their respective owners under their own terms, not by us, and nothing in these Terms limits any rights you have under an applicable open-source license. Applicable notices and license texts are available in the App (Settings > Legal > Open Source Licenses) or on request at [email protected]. Our own software, our combinations and configurations of components, and our models, prompts and workflows remain proprietary.

9.6 Trademarks. "Muza", the Muza logo and "ONCREATE" are trademarks or trade names of the Company. You may not use them without our prior written permission, except to describe the Service accurately. All other trademarks are the property of their respective owners.

9.7 Copyright and likeness complaints. If you believe that content available in the Service infringes your copyright, or that your likeness has been used in Muza Content without permission, please follow the procedure in the Copyright, Content & DMCA Notice.

10. Third-party services

10.1 Categories. The Service relies on, integrates with or links to services provided by third parties, including AI Providers; Data Providers; cloud hosting, storage, database, content delivery, security and authentication providers; analytics, attribution, advertising measurement, subscription management, crash-reporting, communication and notification providers; App Store Providers and Payment Processors; identity providers (such as Sign in with Apple and Google Sign-In); software libraries and SDKs; and providers of Third-Party Content (such as Unsplash, Pexels and GIPHY) (collectively, "Third-Party Services"). A list of the categories and principal providers of Third-Party Services is available at appmuza.com/info/third-party-services. Providers within each category may be added, replaced or removed at any time, and the App shows, where required, the categories of providers involved in a feature at the time you enable it.

10.2 Their terms. Your use of a Third-Party Service may be subject to that provider's own terms and privacy policies, which we encourage you to read. Where a Third-Party Service requires you to accept its terms (for example when you use stock content or sign in with a third-party identity provider), you agree to comply with them.

10.3 Responsibility. We do not control Third-Party Services and, to the maximum extent permitted by law, are not responsible for their availability, accuracy, security, content, practices, or for any loss caused by them, except where we are liable for our own processors under applicable data protection law or where liability cannot be excluded. Third-Party Services may be changed, replaced or discontinued by us or by their providers at any time.

10.4 Links. The Service may contain links to third-party websites or resources. We provide them for convenience only and do not endorse or take responsibility for them.

11. Privacy and data

11.1 Privacy Notice. Our Privacy Notice explains what personal data we collect, how we use and share it (including with AI Providers and Data Providers), how long we keep it, how it is transferred internationally and what rights you have. Please read it.

11.2 Consent to AI processing. Where required by applicable law or by an App Store Provider, we will ask for your explicit permission in the App before your personal data (such as photos, voice recordings or profile information) is shared with third-party AI Providers. You can withdraw that permission in the App (Settings > Personal Data), in which case the relevant features will stop working.

11.3 Face and voice data. Features that analyze or transform faces or voices are subject to the Face & Voice Data (Biometric) Notice. Where required by law, we will ask for your separate written (electronic) consent before such processing.

11.4 Data processing terms for business users. If you use the Service for your business and your Inputs include personal data of your customers, employees, contractors or other third parties for which you are the controller (for example documents in your Knowledge Base or images of your team), this Section applies to that data ("Customer Personal Data"). (a) We process Customer Personal Data as your processor, only to provide the Service to you in accordance with these Terms and your instructions given through the Service, for the duration of your use of the Service. (b) We ensure that persons authorized to process Customer Personal Data are bound by confidentiality. (c) We implement the technical and organizational security measures described in the Privacy Notice. (d) You authorize us to engage the sub-processors listed on the Third-Party Services page; we will update that page before adding a new category of sub-processor, and you may object on reasonable data protection grounds by terminating the affected feature. (e) Taking into account the nature of the processing, we will assist you, through the tools available in the Service and on reasonable request, in responding to data subject requests and in meeting your obligations regarding security, breach notification and data protection impact assessments. (f) We will delete Customer Personal Data when you delete it or your account, subject to the retention described in the Privacy Notice. (g) We will make available the information reasonably necessary to demonstrate compliance with this Section, and will notify you if we consider that an instruction infringes applicable data protection law. (h) Transfers of Customer Personal Data outside the EEA, the UK or Switzerland are covered by the safeguards described in Section 9 of the Privacy Notice, and the Standard Contractual Clauses (controller-to-processor module) are incorporated by reference where required. (i) You warrant that you have a lawful basis to provide Customer Personal Data to us and that you will not provide special categories of data unless strictly necessary and lawful. A separate data processing agreement is available on request at [email protected] for business users who require one.

12. Term, suspension and termination

12.1 Term. These Terms apply from the moment you first use the Service until they are terminated by you or by us.

12.2 Termination by you. You may stop using the Service at any time and may delete your account in the App (Settings > Personal Data > Delete account) or as described in the Account Deletion Policy. Deleting your account does not automatically cancel a Subscription purchased through an App Store Provider; you must cancel it separately with that provider, or it will continue to renew.

12.3 Suspension and termination by us. We may suspend or restrict your access to the Service, or terminate your account and these Terms, with or without notice, if (a) you breach these Terms or any Additional Terms; (b) we are required to do so by law, a court or an authority; (c) your use creates a legal, security or reputational risk for us, other users or third parties; (d) a payment is reversed, disputed or fraudulent; (e) your account has been inactive for a period specified in the Privacy Notice; or (f) we discontinue the Service or a substantial part of it. Where reasonably possible and permitted by law, we will notify you and give you an opportunity to address the issue before terminating, and where you are a consumer we will not terminate for convenience without reasonable notice.

12.4 Effect of termination. On termination, your right to use the Service ends, and we may delete Your Content and your account data in accordance with the Privacy Notice. If you delete your account, or if we terminate it for a material or repeated violation of these Terms, unused Credits are forfeited and no refund is due, except as provided in the Subscriptions, Credits & Refund Policy or required by law. If we terminate for convenience, for inactivity or because we discontinue the Service and you have an active paid Subscription or unused Credit Packs, we will refund the pro rata unused portion where required by law or where we consider it fair. Sections that by their nature should survive termination (including Sections 5.3(iii), 5.9, 6.3, 9, 13, 14, 15, 16, 17 and 20) survive.

13. Disclaimers

13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, MUZA CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

13.2 WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) ANY OUTPUT WILL BE ACCURATE, RELIABLE, COMPLETE, LAWFUL, ORIGINAL, NON-INFRINGING OR SUITABLE FOR ANY PURPOSE; (C) ANY PARTICULAR FEATURE, MODEL, PROVIDER OR PLATFORM INTEGRATION WILL REMAIN AVAILABLE; (D) YOUR CONTENT WILL NOT BE LOST OR CORRUPTED; OR (E) THE USE OF THE SERVICE WILL ACHIEVE ANY GROWTH, ENGAGEMENT, COMMERCIAL OR OTHER RESULT.

13.3 YOU ACKNOWLEDGE THAT AI TECHNOLOGY IS EVOLVING, THAT OUTPUTS ARE GENERATED AUTOMATICALLY WITHOUT HUMAN REVIEW, AND THAT YOU USE OUTPUTS AT YOUR OWN RISK.

13.4 Consumer rights. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights. If you are a consumer, nothing in these Terms excludes or limits rights that cannot be excluded or limited under the law of your country of residence, including, for consumers in the EU and EEA, the statutory guarantee of conformity of digital content and digital services, and, for consumers in the UK, your rights under the Consumer Rights Act 2015. Sections 13.1 to 13.3 apply to you only to the extent permitted by that law.

14. Limitation of liability

14.1 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SUPPLIERS (INCLUDING AI PROVIDERS AND DATA PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, FOLLOWERS, REACH, DATA OR CONTENT, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR ANY OUTPUT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND THE PERSONS LISTED IN SECTION 14.1 FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED US DOLLARS (USD 100).

14.3 What is not limited. Nothing in these Terms excludes or limits liability (a) for death or personal injury caused by negligence; (b) for fraud or fraudulent misrepresentation; (c) for willful misconduct or gross negligence, where such liability cannot be limited under applicable law; (d) under mandatory consumer protection or product liability law; or (e) for any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the EU, EEA or UK, we are liable for foreseeable loss and damage caused by our breach of these Terms or by our failure to use reasonable care and skill, and the limitations in this Section apply only to the extent permitted by the mandatory law of your country of residence.

14.4 Basis of the bargain. You acknowledge that the disclaimers and limitations in Sections 13 and 14 reflect a reasonable allocation of risk and form an essential basis of the bargain between you and the Company, and that the Service would not be provided on the same terms without them.

14.5 Time limit for claims. To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose; otherwise it is permanently barred. This does not apply to consumers where the law of their country of residence provides a longer mandatory period.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates and their officers, directors, employees, contractors and agents from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) brought by a third party and arising out of or relating to (a) Your Content, including any claim that it infringes or misappropriates a third party's rights or violates a person's privacy, publicity or consent rights; (b) your use of Outputs; (c) your breach of these Terms, including the acceptable use rules and the warranties in Section 5.6; (d) your violation of any law or of the terms or policies of any platform, AI Provider or other third party; or (e) any dispute between you and a third party. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with us. If you are a consumer, this Section applies only to the extent that the claim results from your breach of these Terms or your wrongful conduct.

16. Dispute resolution and governing law

16.1 Informal resolution first. Most concerns can be resolved quickly by contacting us at [email protected] (or [email protected] for service questions). Before starting any formal proceeding (other than an application for urgent injunctive relief), you agree to send us a written notice describing the dispute, the relief you seek and your account details, and to try in good faith to resolve the dispute with us for at least sixty (60) days after we receive the notice. We will do the same before starting a proceeding against you. Any limitation period is suspended during this period. If you are a consumer in the EU, EEA, UK or Ukraine, this Section is a recommendation intended to save you time and cost; it does not restrict your right to bring a claim before the competent courts at any time.

16.2 Arbitration Agreement (users in the United States).

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. YOU MAY OPT OUT AS DESCRIBED IN SECTION 16.2(i).

(a) Scope. This Section 16.2 applies if you reside in, or access the Service from, the United States. You and the Company agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, Your Content, Outputs, any purchase, or the relationship between you and the Company, including disputes about the validity, scope or enforceability of this Section (with the exceptions in Section 16.2(h)), whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after the effective date of these Terms (each a "Dispute"), will be resolved exclusively by binding individual arbitration, except as provided in Section 16.2(c).

(b) Federal Arbitration Act. This Section is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), which will apply notwithstanding any state law to the contrary.

(c) Exceptions. Either party may (i) bring an individual claim in small claims court in your county of residence if the claim qualifies and remains in that court on an individual basis; (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights or the unauthorized access to or use of the Service; and (iii) bring complaints before federal, state or local agencies, which may seek relief against the Company on your behalf where the law allows.

(d) Pre-arbitration notice. Before initiating arbitration, the party asserting the Dispute must complete the informal resolution process in Section 16.1. The notice must be individualized (it may not be a form notice covering multiple users), must be signed personally by the party asserting the Dispute, and must include the party's name, address, email associated with the account, a description of the Dispute and the specific relief sought. If the Dispute is not resolved within 60 days after receipt of the notice, either party may commence arbitration.

(e) Arbitration procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as in effect when the arbitration is commenced (the "AAA Rules"), except as modified by this Section. The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistently with this Section, the parties will agree on an alternative administrator or, failing agreement, a court of competent jurisdiction will appoint one. The arbitration will be conducted by a single neutral arbitrator. Any in-person hearing will take place in the county where you reside, unless the parties agree otherwise; the arbitrator may hold hearings by telephone or video conference, and claims under USD 25,000 will be decided on written submissions unless either party requests a hearing in accordance with the AAA Rules or the arbitrator determines that a hearing is necessary. The arbitrator may award the same individual relief that a court could award, must follow applicable law and the terms of these Terms, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.

(f) Fees. Payment of filing, administrative and arbitrator fees will be governed by the AAA Rules. If your claim is for USD 10,000 or less, we will pay all AAA filing, administrative and arbitrator fees, or reimburse your filing fee, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless the arbitrator awards fees under applicable law.

(g) Class action and jury waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT AS PROVIDED IN SECTION 16.2(j)) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY ALSO WAIVE ANY RIGHT TO A JURY TRIAL. If a court decides that applicable law precludes enforcement of this waiver for a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request, and only that claim or request, must be brought in court and will be stayed pending the outcome of arbitration of all other claims.

(h) Who decides what. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of this Section, except that a court of competent jurisdiction, and not the arbitrator, will decide any dispute about the validity or enforceability of the class action waiver in Section 16.2(g) and of the batching procedures in Section 16.2(j).

(i) 30-day right to opt out. You may opt out of this Arbitration Agreement by sending an email to [email protected] with the subject line "Arbitration Opt-Out" within thirty (30) days after you first accept these Terms (or, if you accepted an earlier version that did not contain this Section, within 30 days after the effective date of this version). Your email must include your full name, the email address associated with your account and a clear statement that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms, and a valid opt-out applies to all versions of this Arbitration Agreement.

(j) Batching of similar claims. If twenty-five (25) or more arbitration demands are filed against the Company within any rolling 90-day period that raise similar claims and are brought by or with the assistance of the same or coordinated counsel, then: (i) the demands will be administered in batches of up to fifty (50) demands each, selected by the AAA in consultation with counsel and the parties, with a single arbitrator appointed for each batch in accordance with the AAA Rules and with the participation of the claimants in that batch; (ii) filing and administrative fees for batched demands will be determined by the AAA under its Mass Arbitration Supplementary Rules; (iii) the parties will work in good faith with the AAA to resolve the batches efficiently, including through mediation of representative claims after the first batch is decided, on a voluntary basis; (iv) no award will be binding on claimants in other batches, and nothing in this paragraph authorizes class or representative arbitration; (v) all applicable limitation periods are tolled from the filing of the first demand until each claimant's demand is resolved; and (vi) if the AAA is unable to administer the demands in accordance with this paragraph, either party may ask a court of competent jurisdiction to determine the appropriate procedure. This paragraph is intended to make the resolution of similar claims fair and efficient and does not prevent any claimant from obtaining individual relief.

(k) Confidentiality. Unless otherwise required by law, the arbitration proceedings, submissions and award will be kept confidential, except that either party may disclose them to its legal and financial advisers, family members, insurers, auditors, regulators and courts, as needed to enforce or challenge the award, or as required by law.

(l) Changes to this Section. If we change this Section 16.2 after you accepted these Terms, you may reject the change by emailing [email protected] within 30 days after the change takes effect, in which case the version of this Section that you last accepted will continue to apply. Changes do not apply to Disputes for which a notice under Section 16.2(d) was already delivered.

(m) Severability and survival. If any part of this Section 16.2 (other than the class action waiver, which is addressed in Section 16.2(g)) is found unenforceable, the remaining parts remain in effect. This Section survives the termination of these Terms and of your account.

16.3 Consumers in the EU, EEA and UK. If you are a consumer habitually resident in a Member State of the European Union, the European Economic Area or the United Kingdom, then (a) Section 16.2 does not apply to you; (b) you benefit from the mandatory provisions of the consumer protection law of the country in which you reside, and nothing in these Terms deprives you of that protection; (c) you may bring proceedings against us either in the courts of Ukraine or in the courts of the country in which you reside, and we may bring proceedings against you only in the courts of the country in which you reside; (d) we are not obliged and do not commit to participate in alternative dispute resolution proceedings before a consumer arbitration board, but you may contact us at [email protected] and we will try to resolve any complaint amicably, and you may use any alternative dispute resolution body available in your country where its rules permit.

16.4 Users in Ukraine. If you reside in Ukraine, disputes that are not resolved informally will be resolved by the competent courts of Ukraine in accordance with Ukrainian procedural law. If you are a consumer, you retain the rights granted by the Law of Ukraine "On Protection of Consumer Rights" and other mandatory law, including the right to bring a claim at your place of residence.

16.5 All other users. If neither Section 16.2, 16.3 nor 16.4 applies to you, any dispute that is not resolved informally will be subject to the exclusive jurisdiction of the competent courts of the city of Dnipro, Ukraine, subject to any mandatory consumer protection provisions of the law of your country of residence that grant you the right to sue in your local courts.

16.6 Governing law. These Terms and any Dispute are governed by the laws of Ukraine, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods, except that (a) if you reside in the United States, these Terms and any Dispute are governed by the Federal Arbitration Act and the laws of the State of New York, without regard to its conflict-of-law rules, and by the mandatory consumer protection laws of the state in which you reside; and (b) if you are a consumer in the EU, EEA or UK, you also benefit from the mandatory provisions of the law of your country of residence as described in Section 16.3.

16.7 Injunctive relief. Nothing in this Section prevents either party from seeking interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information, or to prevent unauthorized access to or misuse of the Service.

17. Additional terms for the Apple App Store

If you obtained the App from the Apple App Store, the following terms apply in addition to the rest of these Terms. "Apple" means Apple Inc. and its subsidiaries.

(a) Acknowledgement. These Terms are concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the App and its content. To the extent these Terms provide for usage rules that are less restrictive than or otherwise conflict with the Usage Rules set out in Apple's Media Services Terms and Conditions, the more restrictive or conflicting Apple term applies.

(b) Scope of license. The license granted to you in Section 9.2 is limited to a non-transferable license to use the App on Apple-branded products that you own or control, and as permitted by the Usage Rules set out in Apple's Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where such features are offered.

(c) Maintenance and support. The Company is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

(d) Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the Company's sole responsibility.

(e) Product claims. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of HealthKit or HomeKit frameworks, if any.

(f) Intellectual property claims. 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, the Company, not Apple, is solely responsible for the investigation, defense, settlement and discharge of any such claim.

(g) Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties.

(h) Developer name and address. Questions, complaints or claims with respect to the App should be directed to the Company at the contact details in the Company details block at the top of these Terms.

(i) Third-party terms. You must comply with applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).

(j) Third-party beneficiary. 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 as a third-party beneficiary.

18. Additional terms for Google Play

If we make the App available through Google Play and you obtain it there, then in addition to these Terms: (a) you acknowledge that Google is not a party to these Terms and has no obligation to provide maintenance or support for the App; (b) the software downloaded from Google Play is subject to the Google Play Terms of Service; (c) Google is a third-party beneficiary of these Terms with respect to the App as distributed through Google Play; and (d) purchases made through Google Play are governed by Google's payment and refund terms.

19. Export controls and sanctions

You may not use or export the App or any Output in violation of applicable export control, sanctions or anti-terrorism laws, including those of Ukraine, the European Union, the United Kingdom and the United States. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and that you are not a person designated on any applicable sanctions list. We may restrict the Service in certain countries or territories, including the Russian Federation, the Republic of Belarus and the temporarily occupied territories of Ukraine, at any time.

20. General provisions

20.1 Entire agreement. These Terms, together with the documents incorporated into them, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings on that subject.

20.2 Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or to a successor in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law, and will notify you of any such assignment that affects your rights.

20.3 Force majeure. We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, war, armed conflict, hostilities, terrorism, civil unrest, martial law, government action, epidemics, power or internet failures, failures of App Store Providers, AI Providers, Data Providers or other Third-Party Services, or cyber attacks. Because the Company is located in Ukraine, you acknowledge that the ongoing armed aggression against Ukraine may affect our operations, and we will use reasonable efforts to maintain continuity of the Service.

20.4 Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force, subject to Section 16.2(m).

20.5 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

20.6 Notices. We may give you notices by posting them in the App or on the Website, by push notification, or by email to the address associated with your account. You may give us notice by email to [email protected] or by post to the address in the Company details block. Notices sent by email are deemed received on the next business day after sending.

20.7 Electronic communications. You agree that we may communicate with you electronically and that electronic communications, agreements, notices and records satisfy any legal requirement that they be in writing.

20.8 No third-party beneficiaries. Except as expressly provided in Sections 17 and 18, and except that the persons listed in Section 14.1 may rely on Sections 13, 14 and 15, these Terms do not create rights for any third party.

20.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation". References to laws include their amendments and successors.

20.10 Relationship. You and the Company are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship.

21. Contact

For questions about these Terms or the Service, contact us at [email protected]. For legal notices, copyright complaints, content moderation complaints, notices from authorities (including under the EU Digital Services Act) and arbitration opt-outs, contact [email protected]. For privacy requests, contact [email protected]. Postal correspondence may be sent to the address in the Company details block at the top of these Terms.

Notice to California residents. Under California Civil Code § 1789.3, California users are entitled to the following notice: the Service is provided by the Company at the address in the Company details block. Complaints regarding the Service or requests for further information may be sent to [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.