PhotoCake Terms of Use

1. Introduction and Definitions

Welcome to PhotoCake, an AI-powered image generation application operated by Luke2Launch (Luke Ellison). These Terms of Use ("Terms") govern your access to and use of the PhotoCake mobile application and related services (collectively, the "Service").

Key Definitions:

• "PhotoCake," "we," "us," or "our" refers to Luke Ellison, the developer and operator of PhotoCake, trading as Luke2Launch
• "User," "you," or "your" refers to any individual who accesses or uses our Service
• "Input Content" means photos, images, and other content you upload to the Service
• "Generated Content" means AI-generated images created by the Service using your Input Content
• "LoRA Model" means the personalized AI model adapter trained specifically on your Input Content
• "Photo Pack" means the purchasable packages of image generation credits offered through the Service

By clicking "Generate," making a purchase, or otherwise using PhotoCake, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. User Eligibility and Account Responsibility

Age Requirements

• You must be at least 18 years old to use PhotoCake
• You must comply with your local app store's age rating requirements for PhotoCake

Account Responsibility

• You must provide accurate information during registration
• You are responsible for all activities under your account
• You must maintain the security of your login credentials
• You must notify us immediately of any unauthorized use of your account

3. License to Use PhotoCake

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use PhotoCake in accordance with these Terms. This license is for personal use only and does not grant you ownership of the PhotoCake application, its underlying technology, or our proprietary AI models.

4. Photo Packs and Payment Terms

Pricing and Packages

PhotoCake offers the following Photo Packs:

• Vanilla Pack: Approximately £3 (local currency equivalent) for 30 generated images
• Red Velvet Pack: Approximately £4.50 (local currency equivalent) for 100 generated images

Prices may vary by country and are subject to local taxes and app store fees.

Payment and Billing

• All Photo Packs are one-time purchases with no recurring billing
• Payment is processed through your device's app store payment system
• All sales are final except as outlined in our Refund Policy below

Refund Policy

Refunds for issues not covered by your statutory rights (as outlined in Section 10) are granted at our discretion. Typically granted for:

• Technical issues preventing image generation
• Poor quality results due to Service malfunction
• Other circumstances we deem appropriate

Refunds are not automatic and must be requested by contacting hello@photo-cake.com. We aim to respond to refund requests within 7 business days.

5. AI Model Training and Data Processing

LoRA Model Training

IMPORTANT: PhotoCake's core functionality requires training a personalized LoRA (Low-Rank Adaptation) model using your uploaded photos. By using PhotoCake, you explicitly consent to:

• Processing of your Input Content to create your personalized LoRA model
• Storage of your LoRA model for image generation purposes
• Use of facial and physiological characteristics from your photos for model training
• Retention of your Input Content and LoRA model until you request deletion

Data Usage Limitations

• Your Input Content and LoRA model are used ONLY for your personal image generation
• We do NOT use your content to improve our base AI models or train other users' models
• We do NOT share your Input Content or LoRA model with third parties
• Each user's LoRA model remains completely separate and private

Opt-Out

If you do not consent to LoRA model training, you cannot use PhotoCake as this processing is essential for the Service to function.

6. Content Ownership and Usage Rights

Your Input Content

• You retain ownership of all photos and content you upload to PhotoCake
• You warrant that you own or have legal rights to all Input Content
• You grant us a limited license to process your Input Content solely for providing the Service

Generated Content Ownership

• You own all Generated Content created through PhotoCake subject to applicable intellectual property laws regarding AI-generated works.
• You may use Generated Content for personal or commercial purposes
• You may not resell, redistribute, or create derivative applications using PhotoCake's technology

Our Intellectual Property

PhotoCake's software, design, branding, base AI models, and proprietary technology remain our exclusive property and are protected by intellectual property laws.

7. Acceptable Use Policy

Permitted Uses

PhotoCake is intended for generating images of yourself or individuals for whom you have explicit consent and legal authority.

Prohibited Content and Conduct

You may NOT use PhotoCake to create, upload, or generate:

Illegal or Harmful Content:

• Content that violates any applicable laws or regulations
• Sexually explicit, obscene, or pornographic material
• Content depicting minors in inappropriate contexts
• Violence, harassment, or threats against individuals
• Content promoting illegal activities or self-harm

Non-Consensual Content:

• Images of other people without their explicit consent
• Deepfakes or manipulated content intended to deceive
• Non-consensual intimate imagery
• Content impersonating others for fraudulent purposes

Intellectual Property Violations:

• Content infringing copyrights, trademarks, or other IP rights
• Unauthorized use of celebrities, public figures, or fictional characters
• Content copying distinctive artistic styles without permission

Misuse of Service:

• Attempting to reverse-engineer or replicate PhotoCake's technology
• Using Generated Content to build competing applications
• Sharing account credentials or circumventing usage limitations
• Creating content intended to mislead, defraud, or scam others

Consent for Others' Images

If you upload images containing other individuals:

• You must have explicit written consent from all depicted persons
• You warrant that you have legal authority to process their likeness
• You assume full responsibility for any claims arising from such use

We recommend only using images of yourself to avoid consent issues.

8. Content Moderation and Reporting

User Responsibility

You are solely responsible for ensuring your use of PhotoCake complies with these Terms. We rely primarily on user reporting and periodic manual reviews for content moderation.

Reporting Violations

To report content that violates these Terms or applicable laws, contact:

• Content Reports: report@photo-cake.com
• Legal Notices: report@photo-cake.com

Include detailed information about the violation and any supporting evidence.

Enforcement Actions

We reserve the right to:

• Remove violating content immediately
• Suspend or terminate accounts for Terms violations
• Report illegal activities to appropriate authorities
• Take legal action to protect our rights and those of others

9. Data Privacy and Retention

Privacy Policy

Our collection, use, and protection of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Retention

• We retain your Input Content and LoRA model until you request deletion
• You may request complete account and data deletion at: https://photo-cake.com/request-account-deletion
• Upon deletion request, we will remove all your data within 30 days

International Data Transfers

As we operate internationally, your data may be transferred to and processed in countries other than your own, subject to appropriate safeguards.

10. Disclaimers and Limitation of Liability

Service "As-Is"

PhotoCake is provided "as is" and "as available" without warranties of any kind, express or implied, including:

• Warranties of merchantability or fitness for a particular purpose
• Guarantees of uninterrupted or error-free service
• Accuracy or reliability of Generated Content
• Compatibility with all devices or operating systems

AI-Generated Content Disclaimers

• Generated Content may not always be accurate, complete, or reliable
• Similar or identical outputs may be generated for different users due to AI limitations
• Generated Content should not be relied upon as factual or for professional advice
• We do not guarantee the quality or suitability of Generated Content for any purpose
• The AI may occasionally generate inaccurate, offensive, or otherwise unintended content, even from appropriate inputs or style selections.

Limitation of Liability

To the maximum extent permitted by law, Luke2Launch (Luke Ellison) shall not be liable for:

• Any direct, indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages arising from your use or inability to use PhotoCake
• Claims by third parties related to your Generated Content
• Technical issues, service interruptions, or data loss
• Any offense, distress, or damages caused by unintended Generated Content listed in the AI-Generated Content Disclaimers above or otherwise

Our total liability for any claims shall not exceed the amount you paid for Photo Packs in the 12 months preceding the claim.

Mandatory Consumer Rights (UK)

Nothing in these Terms excludes or limits your statutory rights under the Consumer Rights Act 2015, including:

• Right to digital content of satisfactory quality, fit for purpose, and as described
• Right to repair, replacement, refund, or price reduction for faulty digital content
• Right to compensation for damage caused by faulty digital content
• 30-day right to reject faulty digital content for full refund

11. Indemnification

You agree to indemnify, defend, and hold harmless Luke2Launch (Luke Ellison) from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your use of PhotoCake or violation of these Terms
• Your Input Content or Generated Content
• Infringement of third-party rights through your use of the Service
• Your failure to obtain necessary consents for others' images
• Any fraudulent, illegal, or unauthorized use of your account

12. Termination

Termination by You

You may stop using PhotoCake at any time. Termination does not entitle you to refunds for unused Photo Pack credits unless required by applicable consumer protection laws.

Termination by Us

We may suspend or terminate your access to PhotoCake immediately without notice for:

• Violation of these Terms or applicable laws
• Fraudulent or illegal activities
• Creating prohibited content despite warnings
• Other conduct that harms PhotoCake or its users

Effects of Termination

Upon termination:

• Your license to use PhotoCake ends immediately
• You may lose access to Generated Content stored in the app
• We may delete your Input Content and LoRA model
• Provisions regarding liability, indemnification, and dispute resolution survive termination

13. Modifications to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated through:

• Email notification to your registered address
• In-app notifications
• Updates posted at https://photo-cake.com/terms-of-use/updates

Your continued use of PhotoCake after changes constitutes acceptance of the updated Terms. If you disagree with changes, you must stop using the Service.

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. However, your local mandatory consumer protection laws remain applicable where you reside.

Dispute Resolution

• Informal Resolution: Before initiating formal proceedings, we encourage you to contact us at hello@photo-cake.com to resolve disputes informally.
• Formal Disputes: Any disputes arising from these Terms or your use of PhotoCake shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where your local laws provide you with the right to bring proceedings in your home jurisdiction.
• Consumer Rights: Nothing in this section limits your rights under applicable consumer protection laws, including rights to use local consumer dispute resolution services.

15. Miscellaneous

Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

Entire Agreement

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

Force Majeure

We are not liable for delays or failures in performance due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

16. Contact Information

For questions, concerns, or notices regarding these Terms of Use:

• General Support: hello@photo-cake.com
• Content Reports & Legal Notices: report@photo-cake.com
• Data Deletion Requests: https://photo-cake.com/request-account-deletion

Postal Address: