Terms of Use
Effective Date: 03.09.2026
These Terms of Use (“Terms”) govern your access to and use of the AI Photo & Video Editor application (“App”).
By downloading, accessing, purchasing, or using the App, you agree to these Terms. If you do not agree, do not use the App.
1. Company Information
The App is provided by:
SMM Service, s. r. o.
Lužická 1237/29
741 01 Nový Jičín
Czechia
Email: help@team2swift.com
In these Terms, “we,” “us,” and “our” refer to SMM Service, s. r. o.
2. The App
The App provides photo and video editing tools, including traditional editing features and features powered by artificial intelligence.
Available features may include:
- photo and video editing
- filters and visual adjustments
- cropping, resizing, and trimming
- text, stickers, effects, and overlays
- background removal or replacement
- object removal
- generative fill
- image enhancement
- text-to-image generation
- text-to-video generation
- style transfer
- other AI-powered editing and generation tools
Some features may require a paid subscription, a one-time purchase, credits, an internet connection, or access to third-party services.
We may add, modify, limit, replace, or discontinue features where reasonably necessary, including when a third-party provider modifies or discontinues its services.
3. Eligibility
You may use the App only if you have the legal capacity to enter into these Terms.
If you are under the age of legal majority where you live, you may use the App only with permission and supervision from a parent or legal guardian.
Parents and guardians are responsible for supervising a minor’s use of the App, including any content the minor uploads or generates.
4. License to Use the App
Subject to these Terms and applicable App Store rules, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download and use the App on devices that you own or control.
This license is provided solely for personal or internal business use in accordance with these Terms.
The App is licensed, not sold.
You may not:
- copy, sell, rent, lease, sublicense, or redistribute the App
- reverse engineer, decompile, disassemble, or attempt to extract its source code, except where applicable law expressly permits it
- bypass subscriptions, credit systems, access restrictions, or technical protections
- interfere with the App’s security, operation, servers, or connected services
- use automated systems to access the App in an abusive or unauthorized manner
- use the App to develop or operate a competing AI, editing, or generation service
- remove copyright, trademark, or ownership notices
- use the App in violation of applicable law or third-party rights
5. Local Content and Storage
Photos, videos, projects, and generated results are generally stored locally on your device or in a storage service selected by you.
We do not operate our own storage service for your photos, videos, projects, prompts, or generated content and do not normally have direct access to files stored on your device.
You are responsible for:
- saving your projects and exported content
- maintaining backups
- protecting access to your device
- managing available device storage
- ensuring that content has been exported correctly
Deleting the App, deleting a project, changing devices, losing access to a storage account, or experiencing a device failure may result in permanent loss of content.
We are not responsible for lost content where no backup is available, except where such responsibility cannot be excluded under applicable law.
6. Third-Party Editing and AI Technology
The App uses editing and AI technology provided by IMG.LY.
Standard editing operations may be performed locally on your device. AI-powered operations may require your selected content, prompts, and relevant settings to be transmitted to IMG.LY and to AI models, infrastructure providers, or other services integrated by IMG.LY.
When you request an AI operation, processing may include:
- analyzing the content you selected
- transmitting your prompt or instructions
- generating or modifying an image or video
- returning the generated result to the App
- performing security, abuse-prevention, or technical checks
SMM Service does not itself develop or operate the underlying generative AI models.
IMG.LY and its connected AI providers are independent third-party technology providers. Their services may be subject to their own terms, privacy policies, acceptable-use rules, technical limitations, and content restrictions.
By using an AI feature, you authorize the App to transmit the information necessary to complete your request.
You can review IMG.LY’s terms and policies at:
7. Your Content
“User Content” means any photo, video, audio, prompt, instruction, text, project, file, or other material you import, upload, submit, edit, or process through the App.
You retain your ownership rights in your User Content.
We do not claim ownership of your original photos, videos, prompts, or other User Content.
You grant us a limited, non-exclusive, worldwide license to technically process, transmit, format, modify, and display User Content only as necessary to:
- provide a feature requested by you
- transmit content to an applicable third-party processor
- generate or return a requested result
- maintain security and prevent misuse
- comply with applicable law
This license ends when processing is complete, except where temporary retention is technically required by a third-party service or applicable law.
8. Your Rights and Responsibilities
You represent and warrant that:
- you own your User Content or have all permissions required to use it
- you have permission from identifiable individuals appearing in the content where required
- your content and instructions do not violate copyright, trademark, privacy, publicity, contractual, or other rights
- your use of the App complies with applicable laws
- you will not falsely represent AI-generated content as authentic evidence or as an actual event where doing so may mislead or harm others
You are solely responsible for the User Content you submit and for how you use, publish, share, distribute, or commercialize any resulting content.
9. AI-Generated Content
AI-generated or AI-modified results (“Outputs”) are created automatically in response to your content and instructions.
SMM Service does not manually create, review, approve, or endorse Outputs before they are presented to you.
We do not control every result generated by IMG.LY or its connected AI providers.
As between you and SMM Service, and to the extent permitted by applicable law and the terms of applicable AI providers, you may use the Outputs generated for you.
However:
- copyright or exclusive ownership of an AI-generated Output may not exist in every country
- similar or identical Outputs may be generated for other users
- an Output may contain errors, artifacts, inappropriate material, or unexpected results
- an Output may resemble existing people, brands, characters, images, videos, or other protected material
- we do not guarantee that an Output is unique or free from third-party rights
- we do not guarantee that an Output may be registered, protected, or used commercially
- applicable AI providers may impose additional restrictions on particular models or features
You are responsible for reviewing each Output before using, publishing, selling, or distributing it.
The availability of an Output through the App does not mean that we have reviewed it or confirmed that its use is lawful.
10. Prohibited Content and Uses
You must not use the App to create, upload, process, request, publish, or distribute content that:
- is illegal or facilitates illegal activity
- sexually exploits or endangers children
- contains child sexual abuse material or sexualized depictions of minors
- promotes terrorism, violent extremism, or serious criminal activity
- contains credible threats or encourages violence
- promotes suicide, self-harm, or dangerous behavior
- is unlawfully discriminatory, harassing, or hateful
- is defamatory or unlawfully invades another person’s privacy
- infringes copyright, trademark, publicity, privacy, or other rights
- impersonates another person for fraud, deception, harassment, or harm
- creates deceptive intimate or sexual content involving a real person
- creates sexual content without the consent of every identifiable adult involved
- is used for fraud, scams, identity theft, blackmail, or manipulation
- is intended to mislead people in elections, public safety matters, legal proceedings, or financial transactions
- contains malware, harmful code, or instructions intended to compromise systems
- violates the rules of IMG.LY or an applicable AI model provider
- otherwise violates applicable law
You must not attempt to bypass safety filters, content restrictions, rate limits, or other safeguards.
We may restrict or terminate access to AI features or the App if we reasonably believe that these Terms have been violated.
Where required by law, serious violations may be reported to the appropriate authorities.
11. AI Limitations
AI features are experimental and probabilistic. The same instruction may produce different results.
AI Outputs may be inaccurate, incomplete, distorted, offensive, biased, misleading, or unsuitable for your intended purpose.
You must not rely on AI Outputs as professional medical, legal, financial, safety, or other expert advice.
You must independently review Outputs before making decisions or using them for important, commercial, public, or safety-related purposes.
We do not guarantee:
- any specific result
- the accuracy or quality of an Output
- uninterrupted availability of an AI model
- processing or generation speed
- that a prompt will be accepted
- that every generation attempt will succeed
- permanent availability of any model or feature
- that Outputs are legally protectable or commercially usable
12. Content Moderation and Enforcement
IMG.LY, its connected AI providers, or we may use automated systems to detect prohibited requests, abuse, security threats, or violations of applicable rules.
A request may be blocked, restricted, or rejected.
Access may also be limited because of:
- technical requirements
- regional restrictions
- provider policies
- safety systems
- suspected abuse
- applicable sanctions or export controls
- legal requirements
We are not required to provide or restore content that has been blocked or rejected by an AI provider.
13. Credits and AI Usage
Certain AI features may require credits.
Different AI operations may consume different numbers of credits depending on factors such as:
- the selected AI model
- the type of operation
- image or video resolution
- video duration
- processing complexity
- third-party provider costs
The required number of credits will normally be displayed in the App before or when an operation is requested.
Credits:
- are digital usage units and are not currency
- have no cash value
- cannot be transferred between users
- cannot be resold or exchanged for money
- may be limited to the account or platform through which they were purchased
- are consumed when an AI request is successfully submitted or processed, subject to the rules displayed in the App
- may not be refundable once used, except where required by applicable law or platform rules
We may change the credit cost of future AI operations to reflect changes in models, processing costs, functionality, or third-party pricing.
Any changes will apply prospectively and will not reduce the number of unused credits already purchased, except where required for fraud prevention, legal compliance, or correction of an obvious technical error.
We may restore credits when an operation fails because of a verified technical problem. We are not required to restore credits where a request was rejected because it violated these Terms or a provider’s rules.
14. Subscriptions and Purchases
Some features require a paid subscription, one-time purchase, or credit package.
Prices and available products are displayed in the App before purchase.
Payments are processed by the platform through which you obtained the App, such as Apple’s App Store. We do not directly collect or store your complete payment-card details.
Subscriptions may automatically renew unless canceled before the end of the current billing period.
Your platform account may be charged for renewal within the period stated by the applicable platform.
You can manage or cancel a subscription through your App Store account settings. Deleting the App does not automatically cancel a subscription.
If a free trial is offered:
- its duration will be displayed before you subscribe
- it may convert into a paid subscription unless canceled before the trial ends
- eligibility may be limited to new subscribers
- unused trial time may be lost when another subscription is purchased
Any price change will be handled in accordance with applicable platform requirements and law.
15. Refunds
Purchases are processed by the applicable App Store or platform provider.
Refund requests must normally be submitted directly to the platform through which the purchase was made and are governed by that platform’s refund rules.
Nothing in these Terms limits any mandatory refund, withdrawal, cancellation, or consumer rights available under applicable law.
16. Third-Party Services
The App may depend on services provided by IMG.LY, AI model providers, analytics providers, attribution services, cloud platforms, operating-system providers, and App Stores.
We do not control these third-party services.
A third-party service may:
- become temporarily unavailable
- change its functionality
- change its policies or restrictions
- discontinue a model or feature
- reject particular content or prompts
- introduce regional or technical limitations
We are not responsible for the independent acts, content, security practices, or service availability of third-party providers, except to the extent such responsibility cannot be excluded under applicable law.
17. Privacy
Our collection and use of personal data are described in our Privacy Policy.
By using the App, you acknowledge that certain information may be processed as explained in the Privacy Policy, including the transmission of selected content and prompts when you request an AI-powered operation.
The Privacy Policy forms part of these Terms.
18. Intellectual Property
The App, including its software, interface, design, branding, graphics, text, technology, and other materials provided by us, is owned by or licensed to SMM Service and is protected by intellectual property laws.
IMG.LY technology, third-party AI models, fonts, templates, stock assets, music, stickers, and other third-party materials remain the property of their respective owners.
Nothing in these Terms transfers ownership of the App or third-party technology to you.
Certain assets available in the App may be subject to separate license restrictions. You are responsible for reviewing any notices or license conditions associated with those assets.
19. Feedback
If you voluntarily provide suggestions, ideas, or feedback about the App, you grant us permission to use that feedback without restriction or compensation to improve or develop our products and services.
This does not give us ownership of your photos, videos, prompts, projects, or generated content.
20. Availability and Changes
We aim to keep the App available and functional, but we do not guarantee uninterrupted or error-free operation.
The App may be unavailable because of maintenance, updates, device limitations, network problems, App Store requirements, third-party outages, or circumstances outside our reasonable control.
We may update the App or these Terms to reflect:
- new or changed features
- changes to AI providers
- legal or regulatory requirements
- security concerns
- changes to subscriptions or credit systems
- operational or technical requirements
If a material change requires notice or consent under applicable law, we will provide it through the App, the App Store, our website, or another reasonable method.
21. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the App and all AI features and Outputs are provided on an “as is” and “as available” basis.
We do not make warranties that:
- the App will always be available, secure, or error-free
- every editing or AI operation will succeed
- Outputs will be accurate, appropriate, unique, or free of third-party rights
- the App will meet every user’s expectations
- defects or data loss can always be corrected
- a particular AI model or feature will remain available
Nothing in these Terms excludes warranties or consumer protections that cannot legally be excluded.
22. Limitation of Liability
To the maximum extent permitted by applicable law, SMM Service is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, projects, revenue, profits, business opportunities, or reputation arising from the use of or inability to use the App.
We are not responsible for:
- User Content submitted through the App
- AI Outputs generated in response to user instructions
- a user’s publication, distribution, or commercial use of an Output
- infringement or other claims resulting from User Content or an Output
- decisions made in reliance on an AI Output
- content loss where the user did not maintain an appropriate backup
- interruptions or failures caused by IMG.LY or other third-party providers
- unauthorized access resulting from a user’s failure to secure their device or account
Where liability cannot be completely excluded, our total liability relating to the App will be limited to the amount you paid for the App, subscription, or applicable purchase during the 12 months preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot be limited under applicable law, including liability for intentional misconduct, gross negligence, death, personal injury, or mandatory consumer rights where applicable.
23. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold SMM Service harmless from claims, losses, liabilities, and reasonable costs arising from:
- User Content submitted by you
- your use or distribution of an AI Output
- your violation of these Terms
- your violation of applicable law
- your infringement of another person’s intellectual property, privacy, publicity, or other rights
This section does not apply where prohibited by applicable consumer law.
24. Suspension and Termination
You may stop using the App at any time.
We may suspend or terminate your access to some or all features if:
- you materially or repeatedly violate these Terms
- your activity creates a security or legal risk
- you misuse AI features or attempt to bypass safeguards
- continued access is prohibited by law or a third-party provider
- a required third-party service is discontinued
- fraud or unauthorized payment activity is reasonably suspected
Termination does not automatically entitle you to a refund, except where required by applicable law or App Store rules.
Sections concerning intellectual property, User Content, liability, dispute resolution, and other provisions intended by their nature to survive will remain effective after termination.
25. App Store Terms
If you downloaded the App from Apple’s App Store, you acknowledge that:
- these Terms are between you and SMM Service, not Apple
- Apple is not responsible for the App or its content
- Apple has no obligation to provide maintenance or support for the App
- Apple is not responsible for claims relating to the App, except where required by applicable law
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the applicable App Store provisions
- your use of the App must comply with the App Store’s applicable terms and rules
If there is a conflict between these Terms and mandatory App Store rules, the mandatory App Store rules will apply.
26. Consumer Rights
Nothing in these Terms limits or excludes rights that cannot be waived under the laws applicable to you.
If you are a consumer in the European Union, European Economic Area, United Kingdom, or another jurisdiction with mandatory consumer protections, you retain all applicable statutory rights.
Any choice-of-law or dispute provision in these Terms applies only to the extent that it does not deprive you of mandatory protections available in your country of residence.
27. Governing Law and Disputes
These Terms are governed by the laws of the Czech Republic, without regard to conflict-of-law principles.
If you are a consumer, you may also benefit from mandatory protections under the laws of your country of residence and may bring a claim before any court that has jurisdiction under applicable consumer law.
Before beginning formal proceedings, you and SMM Service should attempt to resolve the dispute by contacting:
Nothing in this section prevents either party from seeking urgent legal relief where necessary.
28. Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect.
The invalid provision will be interpreted or replaced as closely as legally possible to reflect its original purpose.
29. No Waiver
If we do not immediately enforce a provision of these Terms, that does not mean we waive our right to enforce it later.
30. Entire Agreement
These Terms, together with the Privacy Policy and any purchase terms displayed in the App, form the agreement between you and SMM Service regarding use of the App.
They replace any previous terms concerning the same subject matter.
31. Contact
If you have questions about these Terms, contact us:
SMM Service, s. r. o.
Lužická 1237/29
741 01 Nový Jičín
Czechia
Email: help@team2swift.com