Photo Whisper AI — Terms of Service

Effective date: 01 Jul 2026
Last updated: 01 Jul 2026

These Terms of Service (the "Terms") are a legal agreement between you and EZA Labs SRL, a Romanian company, about your use of the Photo Whisper AI mobile app (the "App"). By downloading, installing, or using the App, you agree to these Terms. If you don't agree, don't use the App.

These Terms work together with our Privacy Policy and our Acceptable Use Policy, both of which are part of your agreement with us.

1. Who we are

These Terms are between you and EZA Labs SRL, a company registered in Romania. We refer to ourselves as "we," "us," or "EZA Labs," and to you as "you" or "your." Our full company and contact details are at the end of these Terms (Section 22).

2. Who can use the App

Photo Whisper AI is rated 13+. You must be at least 13 to use it, and old enough under the law of your country to agree to these Terms. Some features that rely on your consent (such as marketing emails) require you to be at least 16 in much of the European Union, including Romania — if you're younger, a parent or guardian must give that consent, and until then we won't offer you those features. The app store's age rating may also restrict who can download the App. If you are under the age of majority in your country, you confirm that your parent or guardian has reviewed and agreed to these Terms.

If you use the App on behalf of a business, you confirm you have authority to agree to these Terms on that business's behalf.

3. Your account

To use most features of the App, you need an account. You can sign in using Apple, Google, or other methods we offer.

You're responsible for:

  • Keeping your login method secure.
  • Any activity that happens through your account.
  • Making sure the information you give us is accurate.

If someone uses your account without your permission, let us know at support.photowhisperai@ezalabs.io.

We may suspend or close accounts that we believe are being misused, that violate our Acceptable Use Policy, or that we're required to close by law.

4. What Photo Whisper does

The App uses artificial intelligence to edit, transform, and generate images and videos based on your inputs (uploaded images and text prompts). We rely on third-party AI providers to perform the actual generation. How we handle your data is covered in our Privacy Policy.

The App is provided as a service — we can update, change, or remove features at any time. We'll give you reasonable notice of material changes where we can.

5. License to use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal or business purposes, subject to these Terms. This license:

  • Is tied to your account and the devices you sign in on.
  • Doesn't let you copy, resell, sublicense, or redistribute the App itself.
  • Doesn't give you any rights in our brand, logos, or trademarks.
  • Ends automatically if you violate these Terms or our Acceptable Use Policy.

6. Credits and subscriptions

6.1 How it works

The App uses a credit system: each AI generation costs credits. You can get credits two ways:

  • Subscription credits — when you subscribe, you get a credit allowance each billing period (weekly or monthly). These credits refresh at the start of each period. Unused subscription credits don't carry over — any credits you don't use before the next billing period expire.
  • Credit packs (one-time purchases) — available only while you have an active subscription. Credit packs are purchased separately as one-time transactions. Pack credits expire 12 months after the date you buy them. Until they expire, you keep them and can use them even if your subscription ends.

6.2 Purchases are handled by Apple and Google

All payments for subscriptions and credits are processed by Apple (App Store) or Google (Google Play), depending on where you downloaded the App. Your purchase is governed by Apple's or Google's payment terms, which you accepted when you set up your Apple or Google account.

We don't see or handle your payment card, bank details, or any payment credentials.

6.3 Subscription renewal

Subscriptions renew automatically at the end of each billing period (weekly or monthly) and are charged to your Apple or Google account. Renewal continues until you cancel. The exact price and renewal period are shown on the purchase screen before you subscribe.

6.4 How to cancel

You can cancel at any time:

  • iOS: open the Settings app → your Apple ID → Subscriptions → Photo Whisper AI → Cancel.
  • Android: open the Google Play Store → your profile → Payments & subscriptions → Subscriptions → Photo Whisper AI → Cancel.

If you cancel, your subscription stays active until the end of the period you've already paid for. After that, you lose access to subscription-only features and any remaining subscription credits expire. Credit packs you purchased remain usable even without an active subscription — until they expire 12 months after the date of purchase.

One thing to know before you cancel: without an active subscription, your uploaded images, prompts, and creations are kept for only 10 days before being permanently deleted (see our Privacy Policy). Download anything you want to keep.

6.5 Refunds

Refunds for purchases made through Apple or Google are handled by Apple or Google directly under their own refund policies. We don't receive the money and we can't issue refunds ourselves.

  • iOS refunds: https://reportaproblem.apple.com
  • Android refunds: https://play.google.com/store/account

Where mandatory consumer law gives you a right to a refund beyond what Apple or Google offer, that right is not affected by this section.

6.6 Changes to credit costs or pricing

We may change the number of credits required for a specific feature, the price of credits, or the price of subscriptions. The current credit cost of a feature is always shown in the App before you generate, and changes to credit costs apply only to future generations. For subscription price increases, we'll notify you before your next renewal so you can cancel if you don't want to accept the new price.

7. EU consumer right of withdrawal

If you're a consumer in the European Union, EU law normally gives you 14 days to withdraw from a distance contract without giving any reason.

This right does not apply once the service has started being supplied, provided you:

  • gave your express prior consent for the service to begin immediately, and
  • acknowledged that you lose your right of withdrawal once supply begins.

When you purchase a subscription or credits in the App, we ask you to confirm both of these things before the purchase completes. By confirming, you consent to the service beginning immediately and acknowledge you lose the 14-day withdrawal right. This allows you to start using your subscription or credits right away.

If for any reason you exercise a right of withdrawal after service has begun, EU law allows us to charge a proportionate amount for the service already supplied up to the point of withdrawal. Refunds where applicable are processed by Apple or Google per §6.5.

This doesn't affect any other rights you have under mandatory consumer protection law.

8. Your content

8.1 What "your content" means

"Your content" means anything you upload to the App (like photos and reference images) and anything you submit as a prompt.

8.2 You keep ownership of what you upload

You own your content. We don't take ownership of your photos, prompts, or other materials you submit.

8.3 You give us a limited licence to operate the App

To let us actually run the service, you grant us a worldwide, royalty-free, non-exclusive licence — sublicensable to the service providers who process data on our behalf — to host, store, reproduce, modify, create derivative works of, transmit, and display your content, but only to the extent necessary to:

  • Operate and provide the App to you (including by sending your content to our AI providers so they can generate your output).
  • Keep your content available for your access, subject to the retention rules in our Privacy Policy.
  • Carry out the automated content moderation described in our Privacy Policy.
  • Comply with law, respond to legal requests, and enforce our rules.

This licence ends when we delete the content per our retention schedule, except where we must keep it to comply with law.

8.4 You are responsible for your content

You are solely responsible for everything you upload and every prompt you write, and for making sure you are allowed to use it with an AI service. When you submit content, you confirm that:

  • You have the right to upload it and to have it processed by us and our AI providers.
  • It doesn't infringe anyone's copyright, trademark, or other rights.
  • Where it depicts a real person, you are that person or you have their consent — you must not upload images of other people without their permission.
  • It doesn't contain anyone else's personal information that you have no right to share.
  • It doesn't violate our Acceptable Use Policy.

If any of this turns out not to be true and we suffer losses as a result, you're responsible for those losses (see §13 Indemnification). We rely on these confirmations — we don't and can't check the rights behind every upload.

9. AI outputs

9.1 You own your outputs

Subject to you following these Terms, you own the images and videos the App generates from your inputs. You can use your outputs for any lawful purpose, including commercial purposes.

9.2 Outputs aren't guaranteed to be unique or protectable

AI models can produce similar or identical outputs for different users. We don't guarantee that your outputs are unique. We also don't guarantee that AI-generated outputs qualify for copyright protection in your country — in some jurisdictions, purely AI-generated content may not be copyrightable at all.

9.3 Outputs are provided "as is"

AI generation can produce results that are unexpected, inaccurate, unrealistic, offensive, or that resemble existing works or real people. We don't guarantee:

  • That an output will match your prompt or expectations.
  • That an output won't inadvertently resemble someone else's work, trademark, or likeness.
  • That an output is safe or appropriate for any particular use.

You are responsible for reviewing outputs before using them — especially before publishing, distributing, or using them commercially.

9.4 AI labelling

Where required by law — including under Article 50 of the EU AI Act — we mark outputs as AI-generated. These markings may appear in the App, on the exported file itself, and/or in the file's metadata. You must not remove or obscure them.

9.5 Retention of outputs

Outputs generated by the App are stored on our systems and retained according to the schedule in our Privacy Policy. If you want a permanent copy, download the output and keep it yourself.

9.6 Templates, examples, and previews

Some features use templates or presets, and we may show example results to illustrate what a template can do. These examples are illustrative only. They are typically generated from different inputs and are not a promise of the result you will get. Your actual output depends on the image and prompt you provide and on how the AI model interprets them, and it may differ — sometimes significantly — from any example shown. Please treat examples as inspiration, not a guaranteed outcome.

10. Acceptable use

Your use of the App is governed by our Acceptable Use Policy, which is part of these Terms. In summary: don't use the App to create illegal content, content involving minors, non-consensual imagery of real people, or content that infringes others' rights; don't abuse the service or try to circumvent our safety systems.

Violating the AUP is a material breach of these Terms and can result in immediate suspension or termination of your account.

11. Moderation and removal

We run automated safety checks on every generation request. We may also remove content, suspend features, or terminate accounts if we:

  • Receive a valid report or legal notice that content violates the law or these Terms.
  • Detect misuse of the service.
  • Are required to act by law or a competent authority.

We act on notices of illegal content in accordance with applicable law, including the EU Digital Services Act, through the reporting mechanisms described in our Acceptable Use Policy.

12. Intellectual property in the App

All rights in the App itself — including the software, design, interface, branding, trademarks, and all related materials — belong to EZA Labs or our licensors. Nothing in these Terms transfers those rights to you except the limited licence in §5.

You must not:

  • Copy, modify, reverse engineer, or create derivative works of the App (except where mandatory law allows it).
  • Remove copyright, trademark, or other notices from the App.
  • Use our name, logo, or branding without our written permission.

13. Indemnification

To the extent allowed by law, you agree to defend and indemnify EZA Labs against any third-party claims, damages, losses, liabilities, and reasonable legal costs that arise out of:

  • Your breach of these Terms or our Acceptable Use Policy.
  • Content you upload or outputs you use.
  • Your violation of any law or any third party's rights.

This doesn't apply to claims caused by our gross negligence or wilful misconduct. If you are a consumer, this indemnity applies only to the extent permitted by mandatory consumer-protection law, and nothing in it limits your mandatory rights.

14. Warranty disclaimer

To the maximum extent allowed by law, the App is provided "as is" and "as available". We don't guarantee that the App will be uninterrupted, error-free, secure against every kind of attack, or that specific features or AI providers will always be available.

We don't warrant that the App or its outputs are suitable for any particular purpose. Any warranties you might have under mandatory consumer law are not affected by this section.

15. Limitation of liability

This section does not limit your rights as a consumer under mandatory law. Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence.
  • Fraud or fraudulent misrepresentation.
  • Any other liability that cannot be excluded or limited under applicable law.

Subject to the above, to the maximum extent allowed by law:

  • We are not liable for indirect, incidental, special, consequential, or punitive damages — including lost profits, lost data, lost opportunities, or reputational harm.
  • Our total aggregate liability to you for all claims relating to the App in any 12-month period is limited to the greater of (a) the amounts you paid for the App in those 12 months, or (b) €100.

16. Termination

16.1 By you

You can stop using the App at any time. You can delete your account from the Settings inside the App.

16.2 By us

We can suspend or terminate your account if:

  • You breach these Terms or our Acceptable Use Policy.
  • We're required to by law or a court order.
  • We discontinue the App or a material part of it.

16.3 What happens on termination

When your account ends:

  • Your licence to use the App ends.
  • We delete your data according to the retention schedule in our Privacy Policy.
  • Sections that by their nature should survive termination (such as §8.4 warranties, §13 indemnification, §14 disclaimer, §15 liability, and §20 governing law) continue to apply.

If we terminate your account for a violation of the AUP, you are not entitled to a refund of unused credits or subscription time.

17. Apple-specific terms

These terms apply if you downloaded the App from the Apple App Store:

  • These Terms are between you and EZA Labs, not Apple. Apple is not responsible for the App or its content.
  • Your licence to use the App is limited to devices you own or control, as permitted by the App Store Terms of Service.
  • EZA Labs, not Apple, is responsible for providing any maintenance and support for the App, to the extent we offer any under these Terms. Apple has no obligation to provide maintenance or support.
  • If the App fails to conform to any applicable warranty, you can notify Apple and Apple may refund the purchase price; beyond that, Apple has no warranty obligation.
  • EZA Labs, not Apple, is responsible for addressing any claims relating to the App — including product liability, consumer protection, and any claim that the App doesn't comply with legal or regulatory requirements.
  • EZA Labs, not Apple, is responsible for handling any third-party intellectual property claims relating to the App.
  • You confirm you are not located in a country subject to a US Government embargo or that has been designated by the US Government as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms — and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

18. Google-specific terms

If you downloaded the App from Google Play, these Terms are between you and EZA Labs. Your use of the App is also subject to the Google Play Terms of Service. Refunds for Google Play purchases are handled by Google under Google's refund policies.

19. Changes to these Terms

We may update these Terms. When we make meaningful changes, we'll notify you by email or through an in-app notice before the changes take effect — usually at least 30 days in advance. Continued use of the App after the effective date means you accept the updated Terms. If you don't accept them, stop using the App and delete your account.

For active subscribers, material changes that affect your paid subscription take effect at the start of your next billing period. If you don't accept them, you can cancel before renewal and the current Terms continue to apply until your subscription ends.

The current version is always at https://photowhisper.ai/terms-of-service/.

20. Governing law and disputes

20.1 Governing law

These Terms are governed by Romanian law.

20.2 Where we resolve disputes

If you're a business user, disputes about these Terms will be brought before the competent courts in Bucharest, Romania.

20.3 Consumer rights

If you're a consumer in the EU, mandatory consumer protection law in the country where you live continues to apply — nothing in these Terms overrides it. Under EU law, you can bring a claim against us in the courts of the country where you live, and we may only bring a claim against you in the courts of the country where you live.

20.4 EU online dispute resolution

The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. You can also contact the Romanian National Authority for Consumer Protection (ANPC) at https://anpc.ro.

21. Miscellaneous

  • Entire agreement. These Terms, together with our Privacy Policy and Acceptable Use Policy, are the entire agreement between you and us about the App.
  • Severability. If any part of these Terms is found unenforceable, the rest continues to apply.
  • No waiver. If we don't enforce a right once, that doesn't mean we give up on it.
  • Assignment. You can't transfer your rights under these Terms without our consent. We can transfer ours to a successor business (for example, if we're acquired).
  • Language. The English version of these Terms is the official version. Translations are for convenience only.
  • Force majeure. We're not liable for failures caused by events outside our reasonable control, such as internet outages, infrastructure failures, acts of governments, or natural disasters.

22. Contact

Questions about these Terms:

EZA Labs SRL
Str. Brașov 18, Bl. F1, Sc. 4, Et. P, Ap. 56, 061447 București, Romania
Trade registry: J2021013958409 (EUID: ROONRC.J2021013958409)
Tax code (CUI): 44735438 · VAT: RO44735438
Email: support.photowhisperai@ezalabs.io