Terms of Use

These Terms of Use are between you and Liquid Photos only, and not with Apple Canada Inc. (“Apple”) or any other third party. Liquid Photos, not Apple, is solely responsible for the App and its Contents. These Terms of Use do not provide for usage rules for the App that are in conflict with the Apple Media Services Terms and Conditions as of the date you accept these Terms of Use, which you acknowledge you have had the opportunity to review. Notwithstanding the foregoing, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

You acknowledge that the form and nature of the App may change from time to time without prior notice to you.

You acknowledge that Liquid Photos may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally, at Liquid Photos’ sole discretion, without prior notice to you. You may stop using the App at any time. You do not need to inform Liquid Photos when you stop using the App or any of its features.

The license granted to you for the App under these Terms of Use is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Your use of the App is subject to all applicable local, provincial, and federal laws and regulations. You may not use, allow, or enable others to use the App, or knowingly condone use of the App by others, in any manner that is, attempts to, or is likely to:

• •affect us adversely or reflect negatively on us, the App, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else;
• •send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• •transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, worms or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
• •copy, modify, disrupt, impair, alter, circumvent or attempt to circumvent, or interfere with the use, features, functions, operation, or maintenance of the App or the rights or use and enjoyment of the App by any other user;
• •advocate or encourage any illegal activity;
• •decompile, reverse engineer or disassemble the App, or any part of it;
• •share through any network, transfer, transmit, rent or sell the App or any part of it to any other person;
• •infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Liquid Photos or any third party;
• •violate the privacy of any individual, including other users of the App; or
• •violate any applicable local, provincial, or national laws or regulations (anywhere in the world).

You may not use the App’s photo editing or generative AI features to create, edit, or share content that:

• •depicts illegal acts or promotes illegal activity;
• •depicts sexually explicit material, child exploitation, or child sexual abuse material;
• •depicts or promotes violence, self-harm, or hatred against individuals or groups;
• •is defamatory, harassing, threatening, or invasive of another’s privacy;
• •infringes the intellectual property rights, privacy rights, or publicity rights of any third party;
• •is designed to deceive, defraud, or mislead others, including deepfakes or manipulated media intended to misrepresent reality; or
• •otherwise violates any applicable laws or regulations.

By using the App, you acknowledge and agree that the App is a place for creating community and belonging, not for attacking marginalized or vulnerable groups of people. Everyone has a right to use the App free of harassment, bullying, and threats of violence. Anyone that incites violence or promotes hate based on identity or vulnerability will be banned from using the App.

You also acknowledge that you are solely responsible for (and that Liquid Photos has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Liquid Photos may suffer) of any such breach.

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.

You acknowledge that the use of the App requires a cellular telecommunication service. You are responsible for any applicable data charges, data plan fees or other subscription charges or fees of any kind whatsoever that your telecommunications services provider may charge you to access the App, including fees for network access and roaming.

When using the App, you must comply with applicable third party terms of agreement. For example, you must comply with your wireless data service agreement when using the App over a cellular network.

Liquid Photos is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms of Use or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Liquid Photos provides minimal troubleshooting support for the App on a commercially reasonable efforts basis only.

Use of certain links on the App may direct you away from the App to third party websites. Such third party websites are not under the control of Liquid Photos, and Liquid Photos is not responsible for the contents of any such websites or any link contained in such websites. The third party links included on the App are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by Liquid Photos of any such websites or the products or services offered therein.

Any third-party content, data or publications made available through the App are furnished by Liquid Photos on an as-is basis for your convenience and information. Any opinions, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the App, are those of the respective author(s) or publisher(s) and not of Liquid Photos. LIQUID PHOTOS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

The App requires access to your device’s photo library to allow you to select photos for editing. The App will request your permission before accessing your photo library. You may manage these permissions at any time through your device settings.

Liquid Photos may use cookies, Google Analytics, and similar technologies to collect information about you and your use of the App, including your interactions with the App’s features, the buttons you press, session duration, and other usage patterns. You can read more about these practices in our Privacy Policy.

Your personal information will be handled in accordance with our Privacy Policy and will not be released to any third party except as described therein.

The App together with all other Liquid Photos intellectual property displayed, distributed, or otherwise made available via the App, is the exclusive property of Liquid Photos and its successors, assigns, licensors, and/or suppliers.

Nothing contained in this Agreement is to be construed as granting, by implication or otherwise, any license or right to use any trademarks appearing in the App, except with the express written approval of Liquid Photos or such other party that may own the applicable trade-mark.

You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Contents on the App without the express prior written consent of Liquid Photos or its owner if Liquid Photos is not the owner.

You retain ownership of the photos you select from your device’s photo library and upload to the App (“Your Content”). By using the App, you grant Liquid Photos a non-exclusive, worldwide, royalty-free license to use, process, and display Your Content solely for the purpose of providing you with the App’s photo editing and generative AI services. This license terminates when you delete Your Content from the App.

In addition to the license granted above, you grant Liquid Photos a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, and create derivative works from: (i) Your Content, (ii) any Generated Content created using the App, and (iii) your usage data, interactions, inputs, prompts, and other log details associated with your use of the App (collectively, “Training Data”), for the purpose of developing, improving, and training Liquid Photos’ AI models, machine learning algorithms, and related technologies. This license shall survive termination of these Terms of Use and the deletion of Your Content from the App.

You represent and warrant that: (i) you own or have all necessary rights, licenses, and permissions to use, upload, and share Your Content; (ii) Your Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights; and (iii) you have obtained all necessary consents from any individuals depicted in Your Content. You are solely responsible for any content you upload, edit, or share using the App.

Any content generated or modified using the App’s generative AI features (“Generated Content”) may not be unique, and similar or identical content may be generated for other users. Liquid Photos makes no representations or warranties regarding the uniqueness, originality, or non-infringement of any Generated Content.

You acknowledge and understand that the App’s generative AI features use machine learning technology that may produce unexpected, inaccurate, or inappropriate results. AI-generated outputs are created algorithmically and may contain errors, distortions, artifacts, or other imperfections. You are solely responsible for reviewing and verifying any Generated Content before using, sharing, or publishing it.

The generative AI features are provided for creative and entertainment purposes only. Generated Content should not be relied upon for any professional, legal, medical, financial, or other consequential purposes. You should not assume that Generated Content is factually accurate, legally compliant, or suitable for any particular purpose.

Liquid Photos does not guarantee that the generative AI features will be available at all times, will function without interruption, or will produce results that meet your expectations. The AI models underlying these features may be updated, modified, or discontinued at any time without notice.

You acknowledge that you are solely responsible for your use of Generated Content and any consequences arising therefrom. Liquid Photos shall not be liable for any claims, damages, or losses arising from your use, publication, or distribution of any Generated Content, including but not limited to claims of defamation, invasion of privacy, infringement of intellectual property rights, or violation of any applicable laws or regulations.

Any feedback, suggestions, ideas, comments, or other information you provide to Liquid Photos regarding the App or its features (“Feedback”) shall be the sole and exclusive property of Liquid Photos. You hereby assign to Liquid Photos all right, title, and interest in and to any Feedback, including all intellectual property rights therein. Liquid Photos shall be free to use, reproduce, modify, distribute, and otherwise exploit any Feedback for any purpose without restriction, attribution, or compensation to you.

You acknowledge that, 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, Liquid Photos, not Apple, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent set out in these Terms of Use.

We take intellectual property rights, both our own and others, very seriously.

If you are an owner of intellectual property (or the owner's authorized agent) and believe that any content on the App infringes your intellectual property, please notify us using the following procedure:

Please send a written notice of intellectual property infringement to sasha@axl.vc.

In your written notice, please provide the following information:

• •identification of the intellectual property claimed to have been infringed;
• •identification of the content(s) that you claim are infringing your intellectual property;
• •information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• •a statement that you believe that use of the content in the manner complained of is not authorized by the owner, its agent, or the law; and
• •a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The App is free to download and includes a free version with limited features and functionality (“Free Version”). Images edited or created using the Free Version may include a watermark or other branding applied by Liquid Photos. Additional features, functionality, and content are available through a paid subscription or one-time in-app purchases (“Premium Features”), including but not limited to the removal of watermarks. If you choose to purchase Premium Features, payments will be processed through Apple’s payment processing services in accordance with Apple’s terms and conditions.

Subscriptions will automatically renew unless cancelled at least 24 hours before the end of the current subscription period. You can manage and cancel your subscriptions through your Apple ID account settings. Subscription fees are charged at the beginning of each subscription period.

Refunds for in-app purchases and subscriptions are subject to Apple’s refund policies. You are responsible for paying all taxes associated with your purchases. Liquid Photos reserves the right to change the pricing for Premium Features at any time. Any price changes will take effect at the start of your next subscription period following notice of the change.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE APP AND THE CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

IN PARTICULAR, LIQUID INTERACTIVE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

• •10.1 YOUR USE OF THE APP WILL MEET YOUR REQUIREMENTS;
• •10.2 YOUR USE OF THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• •10.3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE APP WILL BE ACCURATE OR RELIABLE; AND
• •10.4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE APP WILL BE CORRECTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIQUID PHOTOS MAKES NO WARRANTY THAT THE GENERATIVE AI FEATURES WILL PRODUCE ACCURATE, RELIABLE, COMPLETE, OR ERROR-FREE RESULTS, OR THAT ANY GENERATED CONTENT WILL BE FREE FROM DEFECTS, INACCURACIES, BIASES, OR OFFENSIVE MATERIAL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIQUID PHOTOS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE APP, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Liquid Photos is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms of Use. In the event of any failure of the App to conform to any applicable warranty set out herein, you may notify Apple, and Apple will refund the purchase price (if any) for the App 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 will be Liquid Photos’ sole responsibility.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT LIQUID PHOTOS SHALL NOT BE LIABLE TO YOU FOR:

• •11.1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; AND
• •11.2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
• •(a) THE QUALITY, ACCURACY, OR SUITABILITY OF ANY PHOTO EDITS, GENERATIVE AI OUTPUTS, OR OTHER CONTENT CREATED USING THE APP;
• •(b) ANY CHANGES WHICH LIQUID PHOTOS MAY MAKE TO THE APP, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APP (OR ANY FEATURES WITHIN THE APP);
• •(c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APP;
• •(d) YOUR FAILURE TO PROVIDE LIQUID PHOTOS WITH ACCURATE ACCOUNT INFORMATION;
• •(e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; OR
• •(f) ANY FAILURE OF APPLE OR OTHER THIRD PARTY PAYMENT PROCESSORS TO PROCESS PAYMENTS.

THE LIMITATIONS ON LIQUID PHOTOS’ LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT LIQUID PHOTOS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. Without limiting the generality of the above, in no event shall Liquid Photos’ total aggregate liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of two hundred and fifty dollars ($250.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

You acknowledge that Liquid Photos, 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, but not limited to: (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. Nothing in these Terms of Use limits Liquid Photos’ liability to you beyond what is permitted by applicable law.

We may terminate your use of the App and/or access to the features, functionality, and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

To terminate your account with Liquid Photos, please contact us using the details provided below. Upon receipt of your request, your account will be deleted.

Liquid Photos may at any time, terminate your use of the App if:

• •12.1 you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms of Use);
• •12.2 Liquid Photos is required to do so by law (for example, where the provision of the App to you is, or becomes, unlawful);
• •12.3 Liquid Photos is transitioning to no longer providing the App to users in the country in which you are resident or from which you use the App; or
• •12.4 the provision of the App to you by Liquid Photos is, in Liquid Photos’ opinion, no longer commercially viable.

When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and Liquid Photos have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.

You shall indemnify, defend, and hold harmless Liquid Photos and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, (b) any content you create, edit, or share using the App, (c) any alleged or actual violation of applicable laws (including but not limited to intellectual property, privacy, or consumer protection laws), (d) your breach of any representation or warranty in these Terms of Use, and (e) your general use of the App.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you shall fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.

The Agreement constitute the entire agreement between you and Liquid Photos relating to your use and our provision of the App.

You agree that if Liquid Photos does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Liquid Photos has the benefit of under any applicable law), this will not be taken to be a formal waiver of Liquid Photos’ rights and that those rights or remedies will still be available to Liquid Photos.

If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use, and these Terms of Use between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, LIQUID PHOTOS MAY UNILATERALLY AMEND THESE TERMS OF USE, IN WHOLE OR IN PART (EACH, AN “AMENDMENT”), BY POSTING NOTICE OF SUCH AMENDMENT ON THE APP OR LIQUID PHOTOS WEBSITE. UNLESS OTHERWISE INDICATED BY LIQUID PHOTOS ANY SUCH AMENDMENT WILL BECOME EFFECTIVE AS OF THE DATE THE NOTICE OF SUCH AMENDMENT IS POSTED ON THE LIQUID PHOTOS APP OR WEBSITE (WHICHEVER IS THE EARLIER). YOUR CONTINUED USE OF THE APP WILL BE DEEMED ACCEPTANCE THEREOF.

The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.

If you have questions, complaints, or claims with respect to these Terms of Use, the App, or your personal information, please contact Liquid Photos at:

1001496356 Ontario Inc.

Email: sasha@axl.vc