End User License Agreement
This End User License Agreement ("Agreement") is a legal agreement between you and PinaKoala LLC ("Licensor", "we", "us", or "our") governing your use of the mobile application PinaKoala (the "App") and related services available through the App Store and our website at pinakoala.ai.
By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.
- Scope of license
- Maintenance and support
- Warranty
- Product claims
- Intellectual property rights
- Legal compliance
- Third-party beneficiary
- Restrictions
- User content and AI output
- Payment and credits
- Refund policy
- Privacy
- Termination
- Disclaimer of warranties
- Limitation of liability
- Changes to this Agreement
- Governing law and disputes
- Contact information
1. Scope of license
The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
2. Maintenance and support
Licensor is solely responsible for providing any maintenance and support services for the App, as specified in this Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. For support, contact us at support@pinakoala.ai or through our support page.
3. Warranty
Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.
4. Product claims
Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. Intellectual property rights
You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
6. Legal compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. Third-party beneficiary
You 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.
8. Restrictions
You may not:
- Copy, modify, or create derivative works of the App.
- Reverse engineer, decompile, or disassemble the App, or attempt to extract the AI prompts, models, or proprietary algorithms behind the Service.
- Remove any proprietary notices or labels.
- Use the App for any illegal purpose.
- Share your account credentials with others.
- Use automated tools (bots, scrapers, scripts) to access the App without our prior written permission.
- Circumvent rate limits, credit deduction, content safety filters, or any other security measure.
- Resell, sublicense, or operate the App as a substantially similar competing service.
- Use the App in any manner that violates the App Store Terms of Service.
9. User content and AI output
Your content
"Your Content" means any photo or other material you upload to or submit through the App. By submitting Your Content, you represent and warrant that:
- You own Your Content or have all necessary rights, licenses, and permissions to upload it and to generate derivative works from it.
- Your Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party.
- Your Content does not contain unlawful, defamatory, obscene, or otherwise prohibited material, including content depicting minors in any sexualized context, content generated to deceive or impersonate real persons, or content otherwise prohibited under Section 8.
License to Licensor
You grant Licensor a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and transmit Your Content solely for the purpose of providing the Service to you. This license ends when you delete Your Content or your account, except that we may retain backup copies for a limited time as described in our Privacy Policy.
AI-generated output
Subject to your compliance with this Agreement and your payment of all applicable credits, Licensor assigns to you all rights it holds in the AI-generated images produced from Your Content ("Output"). You may use the Output for any lawful purpose, including commercial use such as e-commerce listings, advertising, social media, and marketing materials.
You acknowledge that:
- The legal status of AI-generated content varies by jurisdiction. In some countries, AI-generated images may not be eligible for copyright protection. Licensor makes no representation about the copyrightability of any Output.
- The Service uses statistical models. Different users with similar inputs may receive similar Output. We cannot guarantee uniqueness.
- You are responsible for ensuring that your use of the Output complies with applicable law and the policies of any platform on which you publish it.
10. Payment and credits
How credits work
The App operates on a credit system. You purchase consumable credit packages through the Apple App Store. Credits are deducted from your balance when you perform a generation, refresh, transformation, upscale, or other paid action. The number of credits required for each action is shown in the App at the time of purchase confirmation.
Available packages
- Try — entry-level credit pack for testing the App
- Starter — credit pack for active sellers covering a small catalog
- Studio — credit pack for brands with multiple product lines
- Agency — high-volume credit pack for agencies and businesses
Exact prices, credit amounts, and any promotional offers are shown in the App at the time of purchase. Prices are displayed in your local currency.
Payment terms
- All payments are processed through Apple's In-App Purchase system.
- Payment will be charged to your Apple ID account at confirmation of purchase.
- You acknowledge that Apple is not responsible for the App's content or for any claims related to the App.
Credit balance and expiration
Credits do not expire while your account is active. If you delete your account, your remaining credit balance is forfeited and is not refundable.
Pricing changes
We may change the price of credit packages or the credit cost of any action at any time. Price changes apply to future purchases and credit consumption only and do not affect credits already in your balance.
11. Refund policy
If a generation fails due to a technical error on our side and produces no usable output, we will automatically refund the credits used for that generation back to your in-app balance. This automatic credit refund is the sole remedy for failed generations.
12. Privacy
Your use of the App is also governed by our Privacy Policy, available at pinakoala.ai/privacy. By using the App, you consent to the collection and use of your information as described in the Privacy Policy.
13. Termination
This Agreement is effective until terminated. You may terminate this Agreement by deleting the App from your device or deleting your account from within the App settings. Licensor may terminate this Agreement at any time if you breach any term of this Agreement or the App Store Terms of Service. Upon termination, your license to use the App will immediately cease, and you must delete the App from your device. Sections that by their nature should survive termination — including Sections 8, 9, 10, 11, 14, 15, 17, and 18 — will survive.
14. Disclaimer of warranties
15. Limitation of liability
Our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the amount you paid to us in the 12 months preceding the event giving rise to the claim, or (b) USD 50.
16. Changes to this Agreement
Licensor may modify this Agreement at any time. We will notify you of any material changes by posting the new Agreement in the App and on our website, and, where feasible, by sending you an email notification. Continued use of the App after changes take effect constitutes acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using the App and delete it from your device.
17. Governing law and dispute resolution
17.1 Governing law. This Agreement is governed by the laws of the State of Delaware, USA, for users in the United States, and the laws of Ireland for users in the EU, EEA, and UK, without regard to conflict of laws principles.
17.2 Dispute resolution. Any dispute arising from this Agreement shall be resolved through final and binding arbitration, rather than in court. The arbitration will be administered by the American Arbitration Association (AAA) for US users or the London Court of International Arbitration (LCIA) for EU users. Nothing in this section limits any rights you may have under mandatory consumer protection laws of your country of residence.
18. Contact information
For questions about this Agreement, contact us:
PinaKoala LLC
Legal: legal@pinakoala.ai
Support: support@pinakoala.ai
Website: pinakoala.ai
For questions about App Store purchases, contact Apple Support.