Terms of Service

Last updated on 02 December, 2025

1. Acceptance of Terms

1.1. Welcome to PhotoLotus, operated by Anagrammatic Software. By accessing or using our application and services (collectively, the 'Services'), you agree to be bound by these Terms of Service ('Terms'). If you do not agree to these Terms, you may not access or use the Services.

1.2. You must be at least 18 years of age to use the Services. By accessing or using the Services, you represent and warrant that you are at least 18 years old.

1.3. We do not knowingly offer access to individuals under the age of 18. If we become aware that someone under 18 is using the Services, we may suspend or terminate their access.

1.4. Apple Relationship Acknowledgement

You acknowledge that these Terms are concluded between you and Anagrammatic Software only, and not with Apple. Anagrammatic Software, not Apple, is solely responsible for the PhotoLotus application (“Licensed Application”) and the content thereof. Your use of the Licensed Application must comply with the Apple Media Services Terms and Conditions, and nothing in these Terms may conflict with those usage rules.

2. Definitions

  • 'We,' 'our,' 'us': PhotoLotus and Anagrammatic Software
  • 'You,' 'your': The user of the Services
  • 'Services, ' 'Licensed Application': The PhotoLotus application and all related features, functionality, and services
  • 'Input': Content or materials you provide to the Services, including images, text prompts, and other data
  • 'Output': Content or materials generated by the Services based on your Input
  • 'Content': Collectively, Inputs, Outputs, and any other content, data, or materials posted, stored, or provided through the Services

3. Service Description

3.1 Overview

PhotoLotus is a service that enables users to upload photos of products they sell and generate content using artificial intelligence. The Services generate images, videos, or text intended to be used for promoting the said product.

When you use the Services, your images and data will be uploaded to our servers and shared with our third-party service providers (OpenAI and Google) for the purpose of processing and generating content. Your use of the Services constitutes your consent to this data processing as described in our Privacy Policy.

3.2 Digital Watermarking

The generated content may contain a digital watermark inserted by our service providers (OpenAI and Google). This watermark is generally not visible to the human eye, may survive cropping, resizing, or other processing, and may be identifiable by automated systems. Its purpose is to enable classification of images as AI-generated when assessed by third-party platforms or detection systems.

3.3 Third-Party Platform Behavior

You acknowledge that platforms where you publish or upload generated content may detect, label, suppress, amplify or classify such content based on watermark presence. We do not track how watermarks are interpreted by third-party systems, nor are we responsible for behavior, visibility, reach, moderation decisions, or classification outcomes of third-party systems.

3.4 Disclosure Requirements

You are responsible for all required disclosures where AI-generated content must be declared, labeled, or identified under law or third-party policies.

3.5 Subscription Requirement

The Services require an active in-app paid subscription to create new assets. While the Services are provided by us, all payments are processed through the Apple App Store.

3.6 License Grant

You are granted a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and only as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may also be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.

3.7 Maintenance and Support

You acknowledge that Anagrammatic Software is solely responsible for providing any maintenance and support services for the Licensed Application as required under these Terms or under applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

4. Accounts and Access

4.1 Account Creation

You are required to create an account to use some or all of the Services. You agree to:

  • Provide accurate account information and promptly update this information if it changes
  • If a password is required, use a strong password that is unique to our Services and not used on any other website or online service
  • Not share or permit others to use your account credentials
  • Maintain the security of your account and promptly notify us if you discover or suspect unauthorized access

4.2 Subscription Requirement

You are required to purchase and maintain an active subscription through the Apple App Store to use the Services. Without an active subscription, you will not be able to generate new content.

4.3 Authorized Users

We may enable you to designate authorized individuals ('Authorized Users') to use our Services. Only Authorized Users may use the Services. You are solely responsible for your Authorized Users and their activity in connection with the Services.

4.4 Account Security

You are responsible for:

  • Securing any accounts required to access the Services through the Apple App Store
  • Obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services
  • Maintaining the security of your accounts, passwords, and equipment
  • Providing prompt notice to us if you believe that an unauthorized third party has gained access to the Services

4.5 Account Termination

We reserve the right to decline access to the Services if we believe you are in violation of these Terms.

5. Content and Intellectual Property

5.1 Your Content Ownership and Rights

You represent and warrant that you own all required rights to the content you provide as Input. By using the Services, you grant us the rights to manipulate your Input and generate the requested Output.

You give us the rights to display, perform, or otherwise use your generated Content in the app. When you upload content, you give us the rights to analyze it, share it with our service providers for analysis, and generation of content, and store it on our servers for providing the service. Your content may be stored on the servers of our service providers for a limited amount of time. Our service providers are listed in our Privacy Policy under the 'Third-Party Service Providers' section.

5.2 Use of Outputs

You may use the Outputs generated by the Services for your own commercial purposes (for example, by using the Outputs to promote your own products or services), but you may not:

  • Resell or otherwise share the Services or access to the Services (including API keys) with any third parties without our express written permission
  • Permit any third party to access or use the Services except as expressly permitted by these Terms
  • Decompile, disassemble, or otherwise reverse engineer any aspect of the Services or attempt to discover or reveal source code or model weights, or bypass or circumvent measures employed to prevent or limit access to or use of any part of the Services

You are responsible and liable for all access to and use of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by these Terms.

5.3 Content Posting and Sharing

If our Services enable you to post or otherwise share Content on or through the Services, you understand that such Content and any associated information (such as your username or profile photo) may be visible to others. You may use the Services to create Outputs that are shareable outside of the Services, subject in all cases to these Terms. If you choose to make any of your information publicly available through the Services or otherwise, you do so at your own risk.

5.4 Non-Uniqueness of Outputs

You acknowledge that Outputs may not be unique and other users may receive similar Outputs from the Services. For example, if you use Inputs that are similar to Inputs used by another user, the Services may produce similar Outputs. Additionally, you acknowledge that Outputs may incidentally resemble third-party content regardless of whether the content itself was in the training materials for the Services.

5.5 Your Responsibilities Regarding Outputs

You agree that:

  • We do not represent or warrant that Outputs will be free from all elements that may resemble third-party content
  • You are solely responsible for your creation and use of all Outputs, including determining whether you have the necessary rights, licenses, and authorizations to use Outputs for your purposes
  • Before you use any Outputs, you will evaluate the Outputs to determine whether you have the necessary rights, licenses, and authorizations for that use and you will not make any misrepresentations about whether you have such rights, licenses, and authorizations
  • You will not intentionally use the Services to generate content that would infringe, violate, or misappropriate the rights of a third party
  • You will not misrepresent that AI-generated Output constitutes events, scenarios, or depictions contained therein have occurred in reality.
  • You will comply with any third-party platform requirements that apply to the marking or labeling of AI-generated content when using the Output on those platforms.

You are responsible for all the content you create, generate or cause to be generated, save, publish, edit, distribute or otherwise use in any way.

6. Prohibited Uses

6.1 General Prohibitions

You shall not use the Services to generate assets that promote or facilitate:

  • Physical harm: Content that could lead to violence, injury, endangerment, or unsafe behaviors (e.g., instructions for dangerous activities, incitement to violence, promotion of self-harm)
  • Psychological harm: Content designed to harass, intimidate, cause emotional distress, or exploit vulnerabilities
  • Social harm: Content that undermines democratic processes, spreads dangerous misinformation, incites discrimination, or damages community trust (e.g., election disinformation, conspiracy theories, coordinated harassment campaigns)
  • Legal harm: Uses that violate laws, infringe on others' rights, or create legal liability

6.2 Prohibited High-Risk Uses

You may not use the Services for:

  • Medical diagnosis, treatment decisions, or health assessments
  • Legal proceedings, law enforcement, or judicial decisions
  • Financial decisions with significant personal or institutional impact
  • Critical infrastructure, safety systems, or emergency response
  • Automated decision-making that affects individual rights, benefits, or opportunities

6.3 Illegal or Rights-Violating Content

You may not use the Services to input, post, store, generate, or share any Content that:

  • Is illegal or violates, infringes, or misappropriates third-party rights, including:
  • Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent
  • Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability, or violate any local, state, national, or international law or regulation
  • Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party for any property that you do not own or have the rights to
  • Content that contains any private or personal information of a third party without such third party's consent
  • Content that promotes, encourages, or facilitates illegal products (including illegal drugs, weapons, or other dangerous materials) or illegal services (including human trafficking, sexual services, and gambling) or that advertises regulated products or services (including medical devices, pharmaceutical products, tobacco, and alcohol)
  • Content that solicits money, cryptocurrencies, non-fungible tokens, or other assets from other users
  • Content that contains any unsolicited promotions, political campaigning, advertising, or solicitations or otherwise promotes or facilitates the distribution of spam

6.4 Abusive or Harmful Content

You may not use the Services to create Content that:

  • Is violent, hateful, defaming, disparaging, or harassing, including Content that constitutes, depicts, threatens, incites, facilitates, celebrates, or promotes: (1) violence, hate, harassment, intimidation, terrorism, discrimination, or threatening or stalking conduct of or against an individual or group; (2) sexual conduct, violence, or exploitation, including sexually explicit Content involving minors or that promotes or threatens the sexualization or grooming of children; (3) self-harm, including eating disorders and suicidal behaviors; (4) bullying, shaming, defamation, disparagement or humiliation; or (5) interference with democratic processes
  • Is gory, explicit, or otherwise disturbing (including detached human or animal body parts, cannibalism, shootings, bombings, and infectious diseases)
  • Targets or exploits the vulnerabilities of a specific group based on age, social, physical, or mental characteristics in a manner likely to cause physical or psychological harm
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content
  • Disrupts the platform experience for other users or creates legal or safety risks for PhotoLotus or its users and service providers

6.5 Fraudulent or Misleading Content

You may not use the Services to create Content that:

  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences or that manipulates, defrauds, or deceives others
  • Impersonates, or misrepresents your affiliation with, any person or entity (including political candidates, elected government officials, and celebrities)
  • Purports to provide personalized medical, financial, legal, or other professional advice as a substitute for consulting qualified professionals (general educational information is permitted with appropriate disclaimers)
  • Is designed to be used for the administration of justice, law enforcement, immigration or asylum processes, or to predict an individual's propensity to commit an act
  • Is designed to compromise security or gain unauthorized access to computer systems or networks, including spoofing or social engineering

6.6 Service Discretion

You agree and acknowledge that the app may refuse to generate assets for certain product categories at our sole discretion.

7. Content Moderation

7.1 General Moderation Rights

We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. We have no obligation to monitor Content posted by users or to actively seek facts or circumstances indicating infringing activity. However, although we have no obligation to screen, edit, or monitor Content, we reserve the right to investigate and take appropriate action in our sole discretion, and we may:

  • Delete or remove Content or refuse to make available any Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms
  • Terminate or suspend your access to all or part of the Services, temporarily or permanently, if your Content is reasonably likely, in our sole determination, to violate applicable law or these Terms
  • Take any action with respect to your Content that is necessary or appropriate, in our sole discretion, to ensure compliance with applicable law and these Terms, or to protect our rights, or to protect any third-party rights, including third-party intellectual property and privacy rights
  • As permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Services

7.2 DMCA Copyright Policy

PhotoLotus respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), we will respond expeditiously to claims of copyright infringement on the Services if submitted to us as described below.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, you may notify us as set forth in Section 7.3 below.

7.3 DMCA Takedown Notice

To submit a valid DMCA takedown notice, you must provide a written communication (by email or physical mail) that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as a URL or description of where the content appears within the Services)
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

DMCA Notice Contact Information:

Email: support@photolotus.com

Physical Address: Anagrammatic Software LLP, HD327, Floor 19, C-001/A2, Sector 16B, Noida, Uttar Pradesh 201301, India

7.4 Counter-Notification

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the material, you may send a counter-notification containing the following information to us:

  • Your physical or electronic signature
  • Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled
  • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification
  • Your name, address, telephone number, and email address
  • A statement that you consent to the jurisdiction of the courts in Uttar Pradesh, India, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person

If we receive a counter-notification from you, we may send a copy of the counter-notification to the original complaining party informing that person that we may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notification, at our sole discretion.

7.5 Repeat Infringer Policy

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

7.6 DMCA Misrepresentations

Please be aware that under Section 512(f) of the DMCA, you may be liable for any damages, including costs and attorneys' fees, if you knowingly materially misrepresent that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification. If you are unsure whether content infringes your copyright, you should contact an attorney before filing a DMCA notice.

8. Payment and Credits

8.1 In-App Purchases

The Services require an active in-app purchase or subscription to create new assets. All purchases, renewals, and billing matters are handled exclusively through the Apple App Store, and by completing a purchase you also agree to Apple's own terms and policies.

8.2 Credits

Credits represent the unit of usage for generating Output. One (1) credit equals one (1) image generation request.

Credits do not roll over to subsequent billing periods and expire at the end of each cycle, regardless of whether they have been used.

Credits have no cash value and are non-refundable.

Credits are consumed regardless of the perceived quality, relevance, or usability of the Output generated. Output may vary and may not meet your expectations, as described in Section 10.

While we make reasonable efforts to deliver generated assets and attempt to recover from failed downloads, credits are deducted when a generation request is successfully processed by our servers, regardless of whether the generated assets are successfully delivered to your device. We are not responsible for delivery failures caused by network connectivity issues, internet service interruptions, device storage limitations, application crashes, device malfunctions, or other technical issues beyond our control. You are responsible for maintaining adequate network connectivity and device functionality to receive generated content.

Deleting generated assets from your device or account does not refund the credits used to create them. Credits are consumed at the time of generation and cannot be recovered regardless of subsequent actions taken with the generated content.

8.3 Refunds and Usage Data

If you request a refund through Apple, and if Apple requests your usage data pursuant to Apple's Consumption API, we may provide such information to Apple to assist in refund evaluation.

If you successfully receive a refund for your subscription, you may lose any remaining balance of credits associated with that subscription period.

9. Service Modifications and Fees

We reserve the right to:

  • Modify our Services or to suspend or terminate providing all or part of our Services at any time
  • Charge, modify, or waive any fees required to use the Services
  • Offer opportunities to some or all end users of the Services

We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by providing a notice through our Services. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services.

If we discontinue providing all or any portion of the Services, we will give you advance notice and a chance to access and download your content and data. We are not responsible for any loss or harm related to your inability to access or use our Services.

10. Disclaimers

10.1 Service Provided 'As-Is'

THE SERVICES ARE PROVIDED 'AS-IS' WITH NO GUARANTEES OF ACCURACY. YOU ACCEPT THAT THE OUTPUT MAY NOT MATCH YOUR EXPECTATIONS, AND MAY PRODUCE INACCURATE REPRESENTATIONS OF YOUR INPUTS.

10.2 Generation Variability

You acknowledge that the content produced by the Services is AI-generated content, and is probabilistic by nature, and that its quality may vary between generations, including scenarios when the exact same inputs are provided.

10.3 No Financial Guarantees

We do not make or endorse any claim that you will make money in any form from using the app or the content it produces.

10.4 Refunds and Warranty

In the event that the Licensed Application fails to conform to any applicable warranty that has not been effectively disclaimed, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty will be the sole responsibility of Anagrammatic Software.

11. Limitation of Liability

IN NO EVENT SHALL ANAGRAMMATIC SOFTWARE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LOSS OF OPPORTUNITY) ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You acknowledge that Anagrammatic Software, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or to your possession and/or use of the Licensed Application, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

12. Indemnification

You agree to indemnify, defend, and hold harmless PhotoLotus, Anagrammatic Software, and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party, including any intellectual property rights
  • Any Content you submit, post, or transmit through the Services

12.1 Indemnification Review and Appeal

If we invoke our indemnification rights under this Section, we will, where reasonably possible, provide you with notice describing the basis for the claim. You may contact us at support@photolotus.com to request clarification or to provide information disputing the basis of indemnification.

Upon receiving such communication, we will conduct a good-faith review of the materials you submit. This review does not suspend, waive, or limit our rights under this Section unless expressly confirmed in writing by us. Following our review, we may, at our discretion, modify, limit, or withdraw an indemnification demand.

12.2 You acknowledge that, in the event any third party claims that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, Anagrammatic Software, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

13. Export Controls and Legal Compliance

You are responsible for complying with all applicable export control laws, including United States export controls, and for any violation thereof. You represent and warrant that you are not:

  • Located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country
  • Listed on any U.S. Government list of prohibited or restricted parties

These representations apply both to your use of the Services and your use of the Licensed Application distributed through Apple's App Store.

14. Governing Law and Dispute Resolution

These Terms shall be governed by, interpreted, and enforced in accordance with the laws of India. The exclusive place of jurisdiction for any dispute shall be the courts located in Uttar Pradesh, India.

If a dispute arises between you and us, you agree to first attempt to resolve it informally by contacting us using the information provided in Section 17. If the dispute cannot be resolved within thirty (30) days, the parties agree to enter into good-faith mediation in Uttar Pradesh, India before pursuing litigation or other remedies.

Nothing in this section shall prevent either party from seeking injunctive or equitable relief to prevent ongoing or future harm.

15. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you through the Services. Your continued use of the Services after such notification constitutes acceptance of the updated Terms.

16. Miscellaneous

16.1 Entire Agreement

These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

16.2 Severability

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

16.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

16.4 Interpretation

The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word 'including' will be interpreted to mean 'including without limitation.'

16.5 Third-Party Beneficiaries

These Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

16.6 Electronic Communications

Communications and transactions between us may be conducted electronically.

16.7 Third-Party Terms of Agreement

You must comply with all applicable third-party terms of agreement when using the Licensed Application, including but not limited to any wireless data service agreements, content agreements and rights, platform terms, or service-specific rules that apply to features of the Licensed Application.

16.8 Apple as Third-Party Beneficiary

You and Anagrammatic Software acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@photolotus.com

Service Provider: Anagrammatic Software LLP

Address: HD327, Floor 19, C-001/A2, Sector 16B, Noida, Uttar Pradesh, India 201301

Third-party brand names mentioned in this document may be copyrights or trademarks of their respective owners. PhotoLotus (the App or our Services) is not endorsed by or affiliated to them.

By using PhotoLotus, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to it in full, please cancel your plan if you have bought one, delete your account if you have created one, and uninstall the app from your devices.