Terms of Service

1. Definitions

In these Terms of Service:

  • App: means the Burnt - AI Photo Editor app, including all Services, features, and content provided by it.
  • Improper Purpose: means any illegal, illicit, unauthorized or otherwise prohibited purpose, including but not limited to any improper purpose in the sole discretion of Us.
  • Pro: means the paid subscription tier of the App (both monthly and annual purchases).
  • Privacy Policy: means the privacy policy linked on the profile page of the App.
  • Service/Services: means the App, the Site and any related services, features, and content provided by the App, the Site or its creators.
  • Site: means this Burntelligence website and any related services, features, and content provided by the App or its creators.
  • Terms: means the terms and conditions detailed in these Terms of Service.
  • We/Our/Us: means the App, the Site and the creators and operators of the App and Site.
  • You/Your: means the user of the App and/or the Site.
  • Your Information: means any information collected from You while using the App, including but not limited to Account Information, Personal Information, Journal Entries, and Usage Data.

2. Acceptance of Terms and Privacy Policy

By using the App, You agree to the Terms and Your Information being handled by Us in accordance with the Privacy Policy. If You do not agree to both the Terms and the Privacy Policy, please do not use the App or the Site.

3. Description of Service

The App allows You to edit photos using the power of AI. The App is for entertainment purposes only and not professional advice or professional services of any kind. You are responsible for the content You create using the App. You acknowledge and agree that We cannot guarantee the quality of any photos or other content you may generate using the Services.

4. User Accounts

To use certain features, You must create an account. You are responsible for:

  • Maintaining the confidentiality of Your account credentials (including login details);
  • Providing accurate and complete information; and
  • Not using Your account for any Improper Purpose.

5. Acceptable Use

You agree not to:

  • Use the App for Improper Purpose;
  • Violate any laws or regulations;
  • Infringe on intellectual property rights;
  • Attempt to hack or disrupt the Services; and/or
  • Share content that is harmful, offensive, or inappropriate.

6. Intellectual Property

The App Services, content, including text, graphics, logos, and software, is (unless otherwise stated) owned by Us and protected by copyright and trademark laws. You must not copy, modify, or distribute Our content without Our written permission.

7. User-Generated Content

You retain ownership of any content You create using the App or the Site. By using the App or the Site, You grant Us permission to process this content to provide the Services. We cannot guarantee the quality of any photos or other content you may generate using the Services.

8. Privacy

Your privacy is important to Us. Please review Our Privacy Policy to understand how We collect and use Your Information.

9. Disclaimers

The App is provided "as is" without warranties of any kind. While We strive for accuracy, We do not guarantee that all content or features of the App are error-free. The App is for entertainment purposes only and not professional advice or professional services of any kind.

10. Limitation of Liability

To the maximum extent permitted by law, We shall not be liable for loss or damage of any kind, including but not limited to direct, indirect, incidental, or consequential loss, arising from Your use of the App or the Site. To the extent liability cannot be excluded, Our liability to You is limited to the amount paid by You for the Services or $1 USD, whichever is greater.

11. Indemnification

By using the App, You agree to indemnify Us for any loss or damage We may suffer of any kind as a result of Your use of the App.

12. Pro Subscription

Pro is only available to Android users through the Google Play Store. Pro is not available for iOS users.

By subscribing to Pro, You agree that:

  • These Terms and Our Privacy Policy apply to Your use of Pro;
  • Monthly subscriptions will be charged in advance on a recurring basis, unless cancelled through the Google Play Store before the next billing cycle;
  • All refunds, including whether to provide any refund, are in Our sole discretion;
  • We may suspend or terminate the App and Pro access at any time and for any reason, including but not limited to for violation of these Terms or failure to pay subscription fees; and
  • All relevant third party terms and policies, including those of Google and the Google Play Store, apply unless stated otherwise in these Terms.

We reserve the right to modify or discontinue Pro features at any time.

13. Termination

We may terminate, suspend and/or permanently delete Your account if You violate these Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, invalid, or otherwise void, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between You and Us regarding the use of the App and the Site, and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms, the App or the Site shall first be attempted to be resolved through good faith negotiations. If such negotiations fail, the dispute shall be resolved in New South Wales, Australia, in accordance with the laws of that jurisdiction.

17. Backup and Security

You are responsible for maintaining the security of Your account and any backup of Your data. We recommend that You regularly save the content You generate using the App or the Site and other important data. We are not responsible for any loss of Your data due to Your failure to maintain adequate security measures or backups.

18. Changes to Terms

We may modify these Terms from time to time in Our sole discretion, and will notify You of any changes by posting the updated Terms on this page. Your continued use of the App and/or the Site following posting of the updated Terms constitutes Your acceptance of the updated Terms.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of New South Wales, Australia.

20. Contact Information

For questions about these Terms, contact Us at: burnt.photoapp@gmail.com

Last updated: 14 September 2025