Terms of Service and Privacy Policy PHOTOMIZE.AI

Last Updated: 2026-10-02

1. Introduction

Welcome to PHOTOMIZE.AI. This document (hereafter referred to as "Terms") sets forth the terms and conditions for the use of our website, mobile application, and services (collectively referred to as "Services") offered by PHOTOMIZE.AI ("we", "us", "our"). By using our Services, you accept these Terms. If you disagree with them, please refrain from using our Services.

2. Description of Service

PHOTOMIZE.AI is a platform that uses artificial intelligence to generate and edit photos based on materials or text descriptions submitted by users. Our Services include training personalized AI models using photos you upload, and generating new photos using those trained models.

3. User Registration and Account

3.1. To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your password and restricting access to your account.

3.2. You agree to provide true, accurate, and complete information during registration and to update this information as necessary.

3.3. You are responsible for all activities that occur under your account.

4. Intellectual Property Rights

4.1. PHOTOMIZE.AI retains all intellectual property rights to its software, algorithms, and technology used to provide the Services.

4.2. Users retain rights to the materials they submit to our Services.

4.3. Users grant PHOTOMIZE.AI a non-exclusive, worldwide, royalty-free license to use, modify, and process submitted materials for the purpose of providing the Services.

4.4. Photos generated by our platform may be used by the user in accordance with their chosen subscription plan. Detailed license terms are specified in the description of each plan.

5. Restrictions on Use of Service

You agree not to:

5.1. Use the Services to create, upload, or share illegal, harmful, offensive, or unethical content.

5.2. Attempt to gain unauthorized access to our systems or disrupt the operation of our Services.

5.3. Use the Services to infringe upon the intellectual property rights of third parties.

5.4. Use the Services to create pornographic, violent, or discriminatory content.

5.5. Sell, sublicense, or otherwise commercialize generated photos without the appropriate license.

6. Privacy and Data Protection

6.1. Our Privacy Policy, available at https://photomize.ai/terms/en.html, describes how we collect, use, and protect users' personal data.

6.2. By using our Services, you consent to the processing of your data in accordance with our Privacy Policy, including:

• The use of your photos and face data to train AI models (see Section 6a below)
• The collection and use of your data for advertising and marketing purposes as described in this policy
• The sharing of your data with advertising platforms (Facebook, Google, etc.) for ad targeting and measurement
• Cross-app and cross-site tracking when you grant permission via device settings

You can withdraw consent at any time by:

• Deleting your account (removes all data within 30 days)
• Disabling tracking in your device settings (iOS: Settings > Privacy & Security > Tracking, Android: Settings > Google > Ads)
• Contacting us at support@photomize.ai for specific data processing objections

6.3. Special provisions regarding face data and biometric information are detailed in Section 6a below. Special provisions regarding voice data and voice cloning are detailed in Section 6b below.

6a. Face Data and Biometric Information

What We Collect

Face data includes information about faces in photos you upload, including the location and shape of facial features. Depending on applicable law in your jurisdiction, this may be considered biometric data or special category personal data.

How We Use It

We use your face data for the following purposes:

• Train your personalized AI model using the Replicate AI service with LoRA (Low-Rank Adaptation) training techniques
• Generate new photos using your trained model when you select different photo session types
• Display a model preview photo in the app to help you identify and select your AI models
• Create a photo session from your uploaded selfies without training a model: the selfies and a face crop prepared from them are sent as reference images to the image-generation model (Google "Nano Banana", provided through Replicate and, if Replicate is unavailable, through fal.ai)
• Automatic quality control using Amazon Rekognition: detecting the face in your selfie (position, tilt, sharpness, approximate age), preparing an upright face crop, and comparing the face in each generated photo with your selfie so that photos in which the person does not look like you are automatically generated again

We do NOT use your face data to identify or authenticate you, nor do we sell, lease, or trade your face data to third parties. Your face data is used exclusively for creating your personalized AI model, generating photos for you and checking their quality. The face comparison only measures how similar a generated photo is to the selfie you uploaded — it is never used to find out who you are.

Data Retention

• Training photos: Automatically deleted after 1 hour by Replicate's systems. These photos are processed temporarily during model training and are not stored long-term by PHOTOMIZE or Replicate.
• AI model: Stored as mathematical model weights (not actual photos) on Replicate's infrastructure until you delete your model or account. The model weights are numerical parameters that allow AI to generate your likeness, but do not contain your original photos.
• Generated photos: Stored in Firebase Storage (Google Cloud Platform) with encryption until you manually delete them or delete your account.
• Selfies for sessions without training and the face crop: Stored in Firebase Storage (Google Cloud Platform) with encryption until you delete the model or your account.
• Quality-control results: We store only a numeric similarity score (0–100) and basic parameters of the detected face (approximate age, position and angle). We do not create or store biometric templates (such as face vectors).

Third-Party Processing

• Replicate (replicate.com): Processes your training photos to create AI model weights and generates new photos when you make requests. Training photos are automatically deleted after 1 hour. Replicate is bound by a Data Processing Agreement ensuring compliance with privacy laws including GDPR.
• Firebase Storage (Google Cloud Platform): Stores your generated photos with AES-256 encryption. Google Cloud is bound by a Data Processing Agreement ensuring enterprise-level security and privacy compliance.
• Amazon Web Services – Amazon Rekognition (aws.amazon.com): On our behalf, detects the face in your selfie and compares it with the face in generated photos (the quality control described above). Processing takes place in the EU region (Frankfurt, Germany). AWS is bound by a Data Processing Agreement (AWS GDPR Data Processing Addendum).
• fal.ai (fal.ai): Backup provider of the image-generation model, used when Replicate is unavailable. It receives the same reference images and instructions as Replicate.

Your Rights

You can delete your AI model, individual generated photos, or your entire account at any time through the app settings. Upon deletion request, all associated data is permanently removed from our systems and third-party service providers within 30 days. Once deleted, data cannot be recovered.

For assistance with data deletion or privacy inquiries, contact us at: support@photomize.ai

6b. Voice Data and Voice Cloning

What We Collect

When you use the Voice Creator feature, we collect audio recordings you provide through your device's microphone or by uploading audio files. These recordings are used to create a personalized voice clone model. Depending on applicable law in your jurisdiction, voice recordings used to derive a voiceprint may be considered biometric data or special category personal data.

How We Use It

We use your voice recordings for the following purposes:

• Create a personalized AI voice clone model using the Minimax speech model via the Replicate AI service
• Generate new audio content using your cloned voice model when you submit text through the Voice Creator feature
• Display your saved cloned voice profiles within the app so you can select and manage them

We do NOT use your voice recordings to identify or authenticate you, nor do we sell, lease, or trade your voice data to third parties. Your voice recordings are used exclusively for creating your personalized voice clone model and generating audio for you.

Microphone Access

The Voice Creator feature requests access to your device's microphone to record audio for voice cloning. You can deny or revoke microphone permission at any time in your device settings. Without microphone access, you can still upload pre-recorded audio files for voice cloning.

Data Retention

• Voice recording samples: Processed temporarily by Replicate during voice model creation and not retained long-term by PHOTOMIZE or Replicate after processing is complete.
• Cloned voice model: Stored on Replicate's infrastructure as mathematical model parameters (not the original audio recordings) until you delete the voice clone or your account.
• Generated audio: Stored locally on your device only. PHOTOMIZE does not retain generated audio files on its servers.

Third-Party Processing

• Replicate (replicate.com): Processes your voice recordings to create a voice clone model and generates new audio when you submit text. Voice recordings are processed temporarily and not retained after model creation. Replicate is bound by a Data Processing Agreement ensuring compliance with privacy laws including GDPR.

Your Rights

You can delete individual cloned voice models or your entire account at any time through the app settings. Upon deletion, all associated voice data and model parameters are permanently removed from our systems and third-party service providers within 30 days. Once deleted, data cannot be recovered.

For assistance with voice data deletion or privacy inquiries, contact us at: support@photomize.ai

6c. Advertising and Tracking

How We Use Your Data for Advertising

We use your personal data to show you relevant advertisements and measure their effectiveness. This includes:

Data Collection

• When you use our app, we collect information about your behavior (features used, time spent, purchases made)
• We collect your advertising identifier (IDFA on iOS, GAID on Android) when you grant permission via App Tracking Transparency prompt
• We use cookies and similar technologies on our website (Facebook Pixel) to track your activity

Ad Platforms We Use

• Facebook/Meta: We send your hashed contact information (email, phone), purchase events, and behavior to Facebook's Conversions API and Pixel to:
  • Measure which Facebook/Instagram ads lead to app installs or purchases
  • Show you ads for our services on Facebook/Instagram
  • Create "lookalike audiences" to find similar potential customers
  • Retarget you with ads if you abandon a purchase
• Google: We use Firebase Analytics to measure app usage and ad campaign performance
• SKAdNetwork: We participate in Apple's privacy-preserving ad attribution framework to measure iOS ad effectiveness without sharing personal identifiers

Cross-App and Cross-Site Tracking

We link data collected in our app with data from advertising platforms (Facebook, Google, TikTok, etc.) to:

• Understand which ads you saw before installing our app
• Measure return on advertising spend
• Show you relevant ads on other apps and websites

Your Choices

• iOS: You can disable cross-app tracking by selecting "Ask App Not to Track" when prompted, or by going to Settings > Privacy & Security > Tracking
• Android: You can reset or opt out of your advertising ID in Settings > Google > Ads
• Web: You can disable cookies in your browser settings or use browser extensions to block tracking pixels

Even if you opt out of tracking, we may still show you ads, but they will be less relevant to your interests.

7. Payments and Refunds

7.1. Some of our Services may require payment. Prices and payment terms are specified on our website.

7.2. Payments are processed by secure payment service providers.

7.3. As a general rule, we do not offer refunds for purchased services. However, in case of errors in service provision or non-performance of the service due to our fault, we may consider a refund or offer compensation in another form. Each case will be considered individually.

7.4. To report a problem with the service and discuss the possibility of a refund, please contact us at: support@photomize.ai.

8. Changes to Services and Terms

8.1. We reserve the right to modify or discontinue our Services at any time, with or without notice.

8.2. We may update these Terms from time to time. Continued use of the Services after changes are made constitutes acceptance of the new Terms.

9. Limitation of Liability

9.1. PHOTOMIZE.AI is not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use our Services.

9.2. Our total liability to you for any claims related to the Services is limited to the amount paid by you for the use of the Services in the past 12 months.

10. Dispute Resolution and Governing Law

10.1. These Terms shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.

10.2. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Poland.

10.3. For users outside of Poland: By using our Services, you agree that any disputes will be governed by Polish law and subject to the jurisdiction of Polish courts. However, this does not affect your statutory rights as a consumer in your country of residence.

10.4. In the event of a dispute, the parties agree to first attempt to resolve it in good faith through direct negotiations before resorting to formal legal proceedings.

10.5. Nothing in these Terms affects your statutory rights as a consumer under the applicable laws of your country of residence.

11. International Use

11.1. PHOTOMIZE.AI is based in Poland, but our Services are available to users worldwide. We make no representations that our Services are appropriate or available for use in locations outside Poland.

11.2. If you access or use our Services from locations outside Poland, you do so at your own risk and are responsible for compliance with local laws.

12. Contact

If you have any questions regarding these Terms, please contact us at: support@photomize.ai.

Privacy Policy

1. Information We Collect

We collect the following types of information:

• Information provided by the user (e.g., email address, name, phone number)
• Device information and how you use our Services
• Photos and descriptions submitted by the user
• Face data from uploaded photos (including facial features and geometry for AI model training) - see Section 6a above for detailed information
• Voice recordings and audio files submitted for voice cloning, and the derived voice model parameters - see Section 6b above for detailed information

Tracking and Advertising Data:

• Advertising identifiers (IDFA/GAID when permitted by device settings)
• Device identifiers and characteristics (model, OS, manufacturer)
• IP address and approximate location (city, state, country)
• Online activity and behavior (pages viewed, buttons clicked, features used, time spent)
• Purchase history and transaction details
• Marketing and advertising interaction data (ad clicks, conversions, campaign attribution)
• Cookies and similar tracking technologies (Facebook Pixel IDs, click IDs, browser IDs)

2. Use of Information

We use the collected information to:

• Provide and improve our Services
• Communicate with the user
• Personalize user experiences
• Process payments and manage subscriptions

Advertising and Marketing:

• Measure advertising campaign effectiveness and ROI
• Deliver targeted advertising based on your interests and behavior
• Create custom audiences for advertising on Facebook, Google, and other platforms
• Conduct advertising attribution to understand which ads lead to app installs and purchases
• Retarget users who have previously interacted with our services
• Build lookalike audiences to find new potential customers
• Optimize ad spending and campaign performance

Analytics and Product Improvement:

• Track user behavior and engagement with Firebase Analytics
• Monitor app performance and identify bugs or issues
• Conduct A/B testing to improve features
• Generate aggregated insights about user demographics and preferences

3. Sharing of Information

We do not sell users' personal data. We share your personal data with the following categories of third parties:

AI and Photo/Voice Processing:

• Replicate (replicate.com) - For AI model training, photo generation (see Section 6a), and voice clone model creation (see Section 6b)
• Firebase Storage (Google Cloud Platform) - For secure data storage with encryption
• Amazon Web Services (Amazon Rekognition) - For automatic photo quality control: detecting the face in your selfie and comparing it with generated photos (see Section 6a)
• fal.ai - Backup image-generation provider (see Section 6a)

Analytics and Advertising:

• Facebook/Meta - We share hashed email addresses, phone numbers, user behavior, purchase events, and device identifiers with Facebook for:
  • Advertising attribution and measurement
  • Creating custom audiences for targeted ads
  • Ad campaign optimization
  • Via Facebook Pixel (web) and Conversions API (server-side)
• Google (Firebase Analytics) - We share user behavior, device information, and app usage data for analytics and advertising measurement
• Apple SKAdNetwork - Attribution data for measuring iOS ad campaign performance
• Ad Network Partners - Limited attribution data shared with approved advertising networks including: Google Ads, TikTok, Snap, Unity Ads, AppLovin, IronSource, Vungle, Chartboost, InMobi, and Twitter (via SKAdNetwork framework)

Payment Processing:

• Stripe - Payment processing for web subscriptions
• RevenueCat - Subscription management and analytics for mobile apps
• Apple App Store / Google Play Store - In-app purchase processing

Legal and Business:

• When required by law or legal process
• To protect our rights, safety, or property
• In connection with a merger, acquisition, or sale of assets

All third-party service providers are bound by strict data processing agreements and are prohibited from using your data for their own purposes beyond providing services to us. See Section 6a for detailed information about face data processing.

4. Data Security

We implement appropriate security measures to protect user data against unauthorized access, loss, or destruction, including:

• AES-256 encryption for stored files
• HTTPS encryption for data in transit
• Regular security audits and monitoring
• Access controls and authentication requirements

5. User Rights

Users have the right to:

• Access their personal data
• Correct their personal data
• Delete their personal data
• Restrict the processing of their personal data
• Data portability
• Object to data processing

6. Your Privacy Rights by Region

European Economic Area (GDPR):

• Right to access, correct, or delete your personal data
• Right to restrict or object to processing
• Right to data portability
• Right to withdraw consent at any time
• Right to lodge a complaint with your local data protection authority

California (CCPA/CPRA):

• Right to know what personal information we collect, use, and share
• Right to delete personal information
• Right to opt-out of sale/sharing of personal information for targeted advertising
• Right to limit use of sensitive personal information
• Right to non-discrimination for exercising your rights

Illinois Biometric Information Privacy Act (BIPA):

If you are an Illinois resident, we collect and use biometric identifiers (face geometry from photos and voiceprints derived from voice recordings) with your informed written consent. You can revoke consent and request deletion at any time by contacting support@photomize.ai.

To exercise any of these rights, contact: support@photomize.ai

7. Changes to Privacy Policy

We may update our Privacy Policy. We will inform users about significant changes.

8. Privacy Contact

If you have any questions about our Privacy Policy, please contact us at: support@photomize.ai.

9. International Data Transfers

As we operate globally, personal data we collect may be transferred to, stored, and processed in countries other than the country in which it was collected. When we transfer personal data internationally, we take steps to ensure that the transfer complies with applicable data protection laws and that your personal data remains protected to the standards described in this Privacy Policy.

Your personal data may be transferred to and processed by our service providers located in:

• United States: Replicate (AI processing), fal.ai (backup AI processing), Firebase/Google Cloud (storage and analytics), Facebook/Meta (advertising), RevenueCat (payments)
• European Economic Area: Firebase/Google Cloud storage regions (when applicable), Amazon Web Services – Amazon Rekognition (Frankfurt region, Germany)

When we transfer data to countries without adequate privacy protections, we use Standard Contractual Clauses approved by the European Commission or rely on other lawful transfer mechanisms.

For advertising data specifically, we transfer hashed and pseudonymized data to Facebook and Google in the United States. These companies participate in privacy frameworks and have implemented appropriate safeguards.