AvatarForge AI: Terms and Conditions

Last updated: October 6, 2025
Developer: Mitchell Smith
Contact: mitchell525@gmail.com

1. Acceptance of Terms

By downloading, installing, accessing, or using AvatarForge AI ("the App"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, you must not use the App. These terms apply to all users of the App.

2. Age Requirement and Eligibility

You must be 18 years or older to use this App. By using AvatarForge AI, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

The App is intended for use by individuals aged 18 years and older. We do not knowingly collect data from or provide services to anyone under 18.

3. Description of Service

AvatarForge AI is an iOS application that uses artificial intelligence to generate fantasy and RPG character artwork. The App uses Google's Gemini 2.5 Flash Image API (primary) and OpenAI's DALL-E API (fallback) to create AI-generated images based on user prompts.

The App operates on a subscription-based model with a credit system where users receive monthly credits based on their subscription tier. New users also receive free one-time credits at signup to try the App.

4. Account Registration and Security

To use the App, you must create an account using Firebase Authentication, including Sign in with Apple. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

You are responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account.

5. Acceptable Use and Content Guidelines

You agree to use the App responsibly and ethically, and you must NOT create harmful, illegal, or inappropriate content. Specifically, you agree NOT to:

  • Generate, upload, or submit prompts that are illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or pornographic
  • Generate content that violates intellectual property or copyright laws
  • Generate content that promotes violence, hate speech, discrimination, or illegal activities
  • Generate content that impersonates individuals or entities or misrepresents affiliation
  • Use the App to generate content intended to deceive, defraud, or harm others
  • Attempt to circumvent credit limits, subscription restrictions, or technical limitations
  • Reverse engineer, decompile, or attempt to extract the source code of the App
  • Use automated systems, bots, or scripts to interact with the App
  • Attempt to overload or disrupt the App's infrastructure or services

We reserve the right to moderate, reject, or delete any content that violates these guidelines. Violation of these terms may result in immediate termination of your account without refund.

6. AI Content Generation and Disclaimers

Understanding that AI-generated content may be inaccurate or unexpected is critical when using this App. You acknowledge and agree that:

  • You are solely responsible for the prompts and resulting generated content you create using the App
  • AI-generated content is produced by artificial intelligence systems and may contain errors, inaccuracies, or unexpected results
  • Generated content is for entertainment purposes only and should not be used as factual information or professional advice
  • We do not guarantee the accuracy, quality, completeness, or suitability of any AI-generated content
  • AI models may generate content that is biased, offensive, or inappropriate despite safety measures
  • Results may vary between generations even with identical prompts
  • You use all AI-generated content at your own risk

We reserve the right to refuse generation requests, implement content moderation, or modify prompts as necessary to comply with our policies and applicable laws.

7. Third-Party AI Services and Data Processing

Your prompts are processed by third-party AI services, including Google Gemini, OpenAI, or other third-party providers. When you use the App, you acknowledge that:

  • Your prompt text (but not personal identifiers) is sent to Google's Gemini 2.5 Flash API (primary) or OpenAI's DALL-E API (fallback) for processing
  • These third-party services operate under their own terms of service and privacy policies
  • You are subject to the privacy policies of:
  • We do not share your email, user ID, or other personal identifiers with AI providers
  • These services may process data in different countries
  • Your prompts may be temporarily stored and processed by these providers to generate images, consistent with their API terms

Images are generated using artificial intelligence through Google Gemini and OpenAI services. These companies are not affiliated with or responsible for AvatarForge AI or the App's operation.

We are not responsible for the operation, accuracy, or availability of third-party AI services. We do not guarantee continuous availability of any AI service.

For detailed information about how we collect and use your data, please review our Privacy Policy.

8. Data Storage and Privacy

Your generated images are stored in cloud services (Firebase Storage). By using the App, you understand and accept our data usage and privacy practices.

  • Generated images and metadata are stored on Firebase (Google Cloud infrastructure)
  • Data may be stored in regions outside your home country
  • Thumbnails and full-resolution images are maintained in cloud storage
  • Local caching on your device is excluded from iCloud backups
  • You accept the data collection and processing described in our Privacy Policy

We do not guarantee permanent storage of generated images and may delete stored data after account inactivity or for maintenance purposes.

You grant us permission to store, process, and manage your generated content in accordance with our Privacy Policy.

9. Intellectual Property and Generated Content Rights

Generated content rights are described in these Terms and Conditions. With respect to intellectual property:

  • Respect intellectual property and copyright laws. You must not generate content that infringes upon the intellectual property rights of others
  • You represent that you have the right to create, generate, and use any prompts you submit to the App
  • AI-generated images are created using proprietary AI models owned by Google, OpenAI, and other providers
  • While you may have rights to use generated images, the underlying generation technology remains the property of the AI providers
  • You agree not to attempt to reproduce or reverse-engineer the AI models used by the App

Your Rights to Generated Content: You receive a personal, non-exclusive license to use images generated for you by the App. This license allows you to view, download, and use generated images for personal and limited commercial use.

Definition of Limited Commercial Use: "Limited commercial use" means use in non-mass-market contexts such as personal websites, independent creative projects, game avatars, or digital art displays. It does NOT include:

  • Resale or sublicensing of generated images
  • Use in merchandise or mass-market products
  • Advertising campaigns or large-scale commercial promotion
  • Any use that would compete with or harm our business

All use must comply with these Terms and applicable intellectual property laws. You may use generated images in projects, presentations, or other creative works as long as such use falls within the scope of "limited commercial use" as defined above.

App Intellectual Property: The App itself, including all software, design, trademarks, trade names, logos, and content (excluding your generated images), remains the property of Mitchell Smith and is protected by copyright, trademark, and other intellectual property laws.

10. Subscriptions, Credits, and Billing

Free Credits: New users receive free credits to try the App. These one-time credits are granted at account creation and never expire. Free credits cannot be converted to subscription credits.

Subscription Plans: The App offers monthly subscription tiers with different credit allocations. Subscriptions automatically renew and charge monthly unless cancelled 24 hours before renewal. You can manage subscriptions through your Apple App Store account settings.

Credit System: The App uses a two-tier credit system:

  • Subscription Credits: Monthly quota that resets based on your subscription tier
  • One-Time Credits: Credits granted at signup or through purchases that never expire

Billing and Payments:

  • Subscription payments are processed through Apple's App Store
  • All charges are managed by Apple in accordance with Apple's payment terms
  • Subscription prices and features may change with 30 days' notice
  • You are responsible for all charges incurred under your account
  • Credits are non-refundable and non-transferable
  • We reserve the right to modify pricing, credit allocations, or subscription terms

Cancellation: You may cancel your subscription at any time through Apple App Store settings. Cancellation takes effect at the end of your current billing period.

Refunds: Refunds for subscriptions are subject to Apple's App Store policies. You may contact Apple Support to request a refund. If image generation fails due to technical errors on our part, credits are automatically refunded to your account. No refunds are provided for partial billing periods unless required by law.

11. Network and Device Requirements

The App requires an active internet connection and a compatible iOS device. You acknowledge that:

  • The App requires internet connectivity for account authentication, image generation, and data syncing
  • Data usage charges may apply depending on your mobile network plan
  • Image generation consumes cellular data and may incur charges from your carrier
  • Some features may not be available without network connectivity
  • We are not responsible for data charges or network availability

You are responsible for ensuring your device meets minimum requirements and for any data or carrier charges incurred while using the App.

12. Service Availability and Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any part of the App at any time
  • Update the App with new features or changes
  • Implement usage limits, rate limiting, or access restrictions
  • Modify pricing, subscription tiers, or credit allocations
  • Discontinue the App entirely with 30 days' notice

We do not guarantee uninterrupted or error-free service. The App is provided "as-is" without warranties of any kind.

13. Disclaimers and Limitations of Liability

DISCLAIMER OF WARRANTIES: TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE APP.

WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY:

  • AI-generated content that is inaccurate, offensive, or inappropriate
  • Service interruptions, outages, or technical failures
  • Third-party AI service failures or unavailability
  • Loss of data, images, or account information
  • Unauthorized access to your account or data
  • Your reliance on AI-generated content for any purpose

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS PRECEDING THE CLAIM.

14. Indemnification

You agree to indemnify, defend, and hold harmless Mitchell Smith from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including attorney's fees) arising out of or relating to:

  • Your use of the App or violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations
  • Any content you generate, upload, or share through the App
  • Your infringement of intellectual property rights

15. Termination

Termination by You: You may stop using the App and cancel your subscription at any time through Apple App Store settings.

Termination by Us: We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms and Conditions
  • You engage in fraudulent or illegal activity
  • Your account is inactive for more than 12 months
  • We are required to do so by law
  • You fail to pay required subscription fees

Effect of Termination: Upon termination:

  • Your right to use the App ceases immediately
  • We may delete your account and associated data
  • Generated images may be removed from cloud storage
  • Local cached data may remain on your device
  • Unused credits are forfeited

Sections that should survive termination (including intellectual property, disclaimers, indemnification, and limitations of liability) will continue to apply.

16. Changes to Terms

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

  • In-app notifications
  • Email to your registered address
  • Updates to this Terms and Conditions page

Continued use of the App after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the App and cancel your subscription.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the App shall be resolved to the extent permitted by law through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by local consumer protection laws.

TO THE EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION.

If you are a consumer residing in a jurisdiction that provides additional consumer protection rights that cannot be waived by agreement, such rights remain available to you. Your local laws may grant you additional rights that these Terms cannot change.

Nothing in this section limits your right to bring an issue to the attention of applicable consumer protection authorities or to seek remedies available under applicable local consumer protection laws.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

19. Contact Information

If you have questions about these Terms and Conditions, please contact:

Mitchell Smith
Email: mitchell525@gmail.com

For privacy-related questions, please see our Privacy Policy.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Mitchell Smith regarding the use of AvatarForge AI and supersede all prior agreements and understandings.

By using AvatarForge AI, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.