Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using the EMAAi mobile application ("App," "Service," or "EMAAi"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Karsten Hoekstra ("we," "us," or "our").

2. Description of Service

EMAAi is an AI-powered image generation mobile application that allows users to create images from text prompts using artificial intelligence technology. The Service includes:

• AI Image Generation: Convert text descriptions into visual images using advanced AI technology (OpenAI GPT-IMAGE-1)
• Real-time Generation: Streaming image generation with partial preview updates
• Gallery Management: Store and organize your generated images (Creator and Pro tiers only)
• Style Customization: Apply various artistic styles and effects through style presets
• Prompt Refinement: AI-assisted improvement of text prompts
• Data Export: Complete data export functionality for user account information and generated content
• Subscription Tiers: Multiple service levels with different features and limitations

3. Subscription Plans and Pricing

3.1 Available Plans

3.2 Points System

• Monthly Allowance: Each subscription tier includes a monthly points allowance that resets on your billing date
• Additional Points: Purchase point packages for extra generation capacity
• Point Consumption: Each image generation consumes points based on quality, size, and number of images
• Unused Points: Monthly allowance points do not roll over; purchased points remain until used

3.3 Billing and Auto-Renewal

• Billing Cycle: Subscriptions are billed monthly through the Apple App Store
• Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the current period ends
• Price Changes: We may change subscription prices with 30 days' notice
• Refunds: Refunds are processed according to Apple's App Store refund policy
• Free Trials: If offered, will automatically convert to paid subscription unless cancelled

3.4 Point Package Purchases

Available point packages:

• 50 Point Pack: Additional points for continued usage
• 250 Point Pack: Medium point bundle for regular users
• 1000 Point Pack: Large point bundle for heavy users

• Non-Refundable: Point package purchases are final and non-refundable
• No Expiration: Purchased points do not expire
• Account Binding: Points are tied to your account and cannot be transferred

4. User Accounts and Registration

4.1 Account Creation

• You may create an account using email/password or Google Sign-In
• You must provide accurate and complete information
• You are responsible for maintaining account security
• You must be at least 13 years old to use the Service

4.2 Account Security

• Keep your login credentials confidential
• Notify us immediately of any unauthorized use
• You are responsible for all activities under your account
• We may suspend or terminate accounts for security reasons

5. Acceptable Use Policy

5.1 Permitted Uses

You may use EMAAi to:

• Generate images for personal, educational, or commercial use
• Create artistic and creative content
• Experiment with AI-generated imagery
• Share generated content (subject to content guidelines)

5.2 Prohibited Uses

You may NOT use EMAAi to:

• Generate harmful, illegal, or inappropriate content
• Create content that infringes on others' intellectual property rights
• Generate images of real people without consent
• Create content for harassment, discrimination, or hate speech
• Violate any applicable laws or regulations
• Attempt to reverse engineer or compromise the Service
• Use automated tools to access the Service excessively
• Generate content that violates OpenAI's usage policies
• Use the Service to generate content involving real persons without consent
• Create misleading, deceptive, or fraudulent content

5.3 Content Guidelines

Generated content must not include:

• Graphic violence or gore
• Adult or sexually explicit material
• Harmful stereotypes or discriminatory content
• Copyrighted characters or trademarked materials
• Misinformation or deceptive content
• Content that violates platform policies

6. Intellectual Property Rights

6.1 Your Content Rights

• Text Prompts: You retain ownership of text prompts you create
• Generated Images: You have rights to use images generated through the Service for personal and commercial purposes
• Usage Rights: Subject to these Terms and applicable laws

6.2 Platform Rights

• Technology: We own all rights to the EMAAi platform, technology, and software
• Improvements: We retain rights to improvements and enhancements made to the Service
• Data: We may use aggregated, anonymized usage data to improve the Service

6.3 Third-Party Rights

• AI Technology: Generated content is created using third-party AI services (OpenAI GPT-IMAGE-1)
• Style Elements: Some styles may incorporate elements subject to third-party rights
• Compliance: You are responsible for ensuring your use complies with all applicable rights
• OpenAI Terms: Your use must comply with OpenAI's Terms of Service and Usage Policies

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

8. Advertising and Third-Party Content

8.1 Advertising for Free Tier Users

• Free tier users will see advertisements including interstitial ads, banner ads, and native ad content
• Advertisements are provided by Google AdMob and other third-party advertising partners
• We do not control the content of third-party advertisements
• Paid subscribers (Creator and Pro tiers) receive an ad-free experience

8.2 Third-Party Advertising Partners

• Google AdMob: Provides mobile advertising services
• Advertisement content and targeting are governed by our advertising partners' policies
• You may see personalized advertisements based on your device and usage patterns
• You can opt out of personalized advertising through your device settings

9. Service Availability and Modifications

9.1 Service Availability

• We strive to provide reliable service but cannot guarantee 100% uptime
• Maintenance and updates may temporarily affect service availability
• We are not liable for service interruptions beyond our reasonable control

9.2 Service Modifications

• We may modify, update, or discontinue features at any time
• We will provide reasonable notice for material changes
• Continued use after changes constitutes acceptance of modifications

10. Payment Terms

10.1 App Store Billing

• All purchases are processed through the Apple App Store
• Billing is governed by Apple's App Store Terms and Conditions
• We do not store or process payment information directly
• RevenueCat service is used for subscription management and analytics

10.2 Subscription Management

• Manage subscriptions through your Apple ID account settings
• Cancellation must be done through Apple App Store settings
• Downgrading takes effect at the next billing cycle

10.3 Taxes

You are responsible for any applicable taxes, duties, or fees related to your use of the Service.

11. Limitation of Liability

11.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, OR USE
• INTERRUPTION OF BUSINESS
• DAMAGES EXCEEDING THE AMOUNT PAID FOR THE SERVICE IN THE PRECEDING 12 MONTHS

11.3 AI-Generated Content

• We do not guarantee the accuracy, quality, or appropriateness of AI-generated content
• Generated images may contain unintended elements or inaccuracies
• You use generated content at your own risk and responsibility

12. Indemnification

You agree to indemnify, defend, and hold harmless EMAAi and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you generate or share through the Service

13. Termination

13.1 Termination by You

• You may stop using the Service at any time
• Cancel subscriptions through Apple App Store settings
• Account data may be retained according to our Privacy Policy

13.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For suspected fraudulent activity
• For extended periods of inactivity
• If required by law or regulation
• At our sole discretion with or without notice

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• Subscription benefits end (subject to App Store policies)
• We may delete your account and data (including generated images and history)
• Data deletion includes removal from Firebase Authentication, Firestore, and Firebase Storage
• Purchased points may be forfeited
• You may request data export before account deletion
• These Terms remain in effect for matters occurring before termination

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Netherlands, without regard to conflict of law principles.

14.2 Dispute Resolution Process

Before filing any legal action, you agree to:

1. Contact us at support@emaai.app to attempt resolution
2. Provide a detailed description of the dispute
3. Allow 30 days for us to respond and attempt to resolve the issue

14.3 Arbitration Agreement

Any disputes that cannot be resolved through our dispute resolution process shall be settled through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI). The arbitration shall take place in Amsterdam, Netherlands.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EMAAi regarding the Service.

15.2 Severability

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

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights and obligations to any party at any time.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15.6 Updates to Terms

We may update these Terms from time to time. We will notify you of material changes through:

• In-app notifications
• Email (if provided)
• Posting updated Terms with a new effective date

Continued use after changes constitutes acceptance of the updated Terms.

15.7 Apple App Store Additional Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• These Terms are between you and EMAAi, not Apple
• Apple is not responsible for the App or its content
• Apple has no obligation to provide support for the App
• Claims related to the App should be directed to EMAAi
• Apple is a third-party beneficiary of these Terms

16. Contact Information

If you have questions about these Terms of Service, please contact us:

For legal inquiries specifically, you may contact us at support@emaai.app.

Last Updated: July 22, 2025
Version: 1.0

By using EMAAi, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.