Genius: AI Chat & Photo Editor - Terms of Service

Welcome to Genius: AI Chat & Photo Editor, an innovative all-in-one AI mobile application developed and operated by Sway Apps LLC, a company based in the United States ("Company", "we", "us", or "our"). By using our app ("Service"), you agree to be bound by the following terms and conditions ("Terms of Service"). Please read them carefully.

1. Acceptance of Terms

By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our Service.

2. Use of Service

Our Service allows you to engage with AI for chatting and editing photos. You agree to use our Service only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service.

3. Privacy and Data Collection

We do not require account creation for the use of our Service. Instead, we collect device IDs to personalize your experience and improve our Service. Your device ID is collected automatically when you use our Service. For more information about how we handle your data, please visit our Privacy Policy at https://swayapps.co/geniusai/privacy-policy.

4. Content Ownership and License

a. User-Generated Content: You retain all rights to any text, images, or other content that you create while using the Service. However, by creating content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, distribute, publish, and process the content you provide through our Service, without any further consent, notice, and/or compensation to you or others.

b. Service Content: Except for User-Generated Content, all content provided on the Service is owned by us or our licensors and is protected by copyright and other intellectual property laws.

5. Prohibited Conduct

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service; (iii) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.

7. Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

8. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service.

10. Governing Law

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

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

12. Contact Us

If you have any questions about these Terms of Service, please contact us at support@swayapps.co.

By using Genius: AI Chat & Photo Editor, you acknowledge that you have read these terms and agree to be bound by them.