Terms of Use

Last updated

1. Agreement

By downloading or using My Comic Series ("the App"), you agree to these Terms of Use ("Terms") with Dijital Kafa Bilişim ve Danışmanlık A.Ş. ("we", "us", "our"). If you do not agree, do not use the App.

These Terms apply together with Apple's Licensed Application End User License Agreement ("Apple Standard EULA"). If they conflict on your license to use the App, the Apple Standard EULA applies. Our Privacy Policy explains how we handle information, including what we send to our AI providers.

You must be at least 13 years old, or older if the law of your country requires a higher age to use the App without a parent's consent. If you are under the age of majority where you live, use the App only with the consent of a parent or guardian, who accepts these Terms on your behalf.

In these Terms, Settings followed by a menu name means the Settings tab inside the App.

2. The App

The App lets you create comic characters from photos of you and the people and pets in your life, write a story, and have the App turn it into an illustrated comic in the style and format you choose. You can save, edit the dialogue of, and share the comics you create.

The App uses third-party AI models to draw characters and comics and to plan scenes (currently Google's image model through fal.ai, and Anthropic's Claude). The App needs an internet connection to create content. Creating characters and comics requires your consent to AI processing (Privacy Policy, Section 4) and uses credits (Section 8).

We may add, change or remove features, styles, formats, AI models and other content at any time.

3. AI-generated content

  • Characters and comics are generated automatically by AI. No person reviews them before you receive them.
  • Results can be inaccurate, unexpected or inconsistent. For example, a character may not look exactly like the photos, details may change between panels or comics, and text in images may contain mistakes.
  • Other users may receive similar or identical results.
  • To the extent permitted by law and by our AI providers' terms, we assign to you any rights we have in the comics and characters generated for you. We do not guarantee that generated content is original, does not infringe the rights of others, or is protected by copyright.
  • Generated images may carry invisible markers added by the AI provider to show that they were made with AI (such as Google's SynthID). Comics you share, or save from the share screen, also carry a "Made with My Comic Series" line.
  • Review generated content before you use or share it. You are responsible for how you use it. Commercial use is at your own risk.

4. Your content and the people in your photos

  • You keep the rights to the photos you add, the stories and dialogue you write and the names you give your characters ("Your Content").
  • You give us a worldwide, non-exclusive, royalty-free license to process, reproduce and transmit Your Content, including through our AI providers, only as needed to provide the App's features to you. This license ends when Your Content is no longer processed, except for reports you send us (Privacy Policy, Section 6.6).
  • Only add photos you have the right to use, and only of people who agreed to it. For a child, you must be their parent or legal guardian, or have their parent's or guardian's permission. The App reminds you of this when you add photos, and by adding a photo you confirm it.
  • Do not add photos of public figures or celebrities, or of anyone else, to make them appear to do or say things they did not, or to suggest that they endorse anything.
  • You are responsible for Your Content and confirm that it does not break the law or infringe anyone's rights, including copyright, privacy and publicity rights.

5. Content rules

You agree not to use the App to create, add or share content that:

  • is sexual or nude, or shows anyone partly undressed or in an intimate or sexualized way;
  • sexualizes, endangers or exploits minors in any way;
  • depicts graphic violence or gore, promotes self-harm or suicide, or threatens anyone with weapons;
  • promotes illegal drugs or other illegal activity;
  • is hateful, harassing, bullying or defamatory, or targets a person or group;
  • uses a real person's likeness without their permission, or could mislead others into believing that something depicted really happened or that a real person did or said it;
  • infringes intellectual property, privacy or publicity rights, or is otherwise unlawful.

The rules above also apply to the dialogue you write into a comic.

6. Safety checks, reports and restrictions

  • The App checks each story automatically before drawing it. If a story breaks our content rules, the comic is not created and no credits are used. Our checks are not perfect, and passing them does not mean that content is allowed.
  • You can report a comic or character with Report this comic or Report this character in the App. We review reports and may use them to act on misuse and improve our rules.
  • If you break these Terms, misuse the App or its purchases, or try to avoid a credit balance owed (Section 8.8), we may restrict your account. A restricted account cannot create characters or comics and cannot make new purchases. This also applies to new accounts on a device where a restricted account or an account with an unpaid credit balance was deleted. If you think a restriction is a mistake, contact us (Section 20).

7. Where your comics are kept

  • Your comics, characters and the photos you add are stored on your device, and comics and character portraits are also copied to your own iCloud Drive if it is turned on. We do not keep copies on our servers, and we cannot recover your content if it is lost. To keep a comic safe, save it to your photo library.
  • When a comic or character is ready, the App downloads it from our provider. If the App does not download it within 7 days, for example because you did not open the App, the result may be lost.

8. Credits and purchases

8.1. Credits

  • Creating comics and character portraits uses credits. The number of credits each action uses is shown in the App before you start it; for example, comics with more panels use more credits. Writing a character's description does not use credits.
  • Credits are a limited license to request content in the App. They have no cash value, cannot be exchanged for money, transferred or sold, and can be used only in the App with the account they belong to.
  • Credits do not expire while your account exists. Credits from a subscription carry over from period to period and stay after the subscription ends.
  • If you delete your data, your remaining credits are deleted and cannot be restored (Section 15).
  • Apple sells all purchases, and the available options, their prices and the credits they include are shown in the App before purchase. Prices may vary by country.

8.2. Welcome credits

New accounts may receive free welcome credits and a free first character portrait. Welcome credits are given once per device: deleting your data or reinstalling the App does not give you new ones. We may change or end welcome credits at any time and may limit them to prevent misuse.

8.3. Subscriptions

  • Subscriptions (for example weekly or monthly) add the number of credits shown in the App at the start of each paid period, and remove the watermark (Section 8.5).
  • Payment is charged to your Apple Account when you confirm the purchase.
  • A subscription renews automatically unless you turn off auto-renew at least 24 hours before the end of the current period. Your Apple Account is charged for the renewal within the 24 hours before the current period ends.
  • You can manage or cancel your subscription in iOS Settings > [your name] > Subscriptions on your iPhone, or with Manage Subscription in the App. When you cancel, the subscription stays active until the end of the period you have already paid for.
  • If a free trial is offered, its length is shown before you start it. A free trial does not include credits; credits are added when the first paid period starts. If you do not cancel at least 24 hours before the trial ends, the subscription starts and you are charged.
  • If you change to a different subscription, the new plan's credits are added when the new plan's first paid period starts.
  • If a subscription price changes, Apple informs you in advance and, where required, asks for your consent.

8.4. Credit packs

Credit packs are one-time purchases that add the number of credits shown in the App. They do not renew.

8.5. Watermark

Comics shared or saved from an account without a paid purchase carry a My Comic Series watermark. After your first paid purchase (a subscription payment or a credit pack), the watermark is removed for that account, including after a subscription ends. A free trial does not count as a paid purchase. If that purchase is refunded and you have no other paid purchase, the watermark returns. The "Made with My Comic Series" line (Section 3) stays on comics you share or save from the share screen.

8.6. When a generation fails

  • If a story is blocked by our safety checks, or the App cannot start the generation, no credits are used.
  • If a generation fails after credits were used, including when the AI model refuses to draw it, the App normally returns the credits automatically. If a generation stops without finishing, for example because it took too long, the credits may not be returned automatically.
  • If you paid credits for a comic or portrait that you did not receive and the credits were not returned, contact us (Section 20) within 30 days. We will check and return the credits if the problem was on our side.

8.7. Restoring purchases and changing devices

  • If you reinstall the App on the same device, your account, credits and purchases usually come back on their own (Privacy Policy, Section 3).
  • On another device, tap Restore Purchases on the subscription screen. Your subscription and watermark-free access then move to the account on that device, together with any credit balance owed and any account restriction.
  • Credits do not move with Restore Purchases. They stay with the account they were added to. Because the App has no sign-in, credits on an account that you can no longer open, for example on a device you no longer have, cannot be recovered.

8.8. Refunds

  • Apple sells and processes all purchases. We cannot issue refunds ourselves. To request a refund, go to reportaproblem.apple.com. Apple handles your statutory rights as the seller, including any right of withdrawal under the laws of your country.
  • Refund requests and purchase information. When you ask Apple for a refund of an in-app purchase, Apple may ask us about that purchase. By making a purchase, you agree that we may share with Apple, through our payment provider RevenueCat, whether the purchase was delivered to you, that free content was available to you before you purchased, and our preference regarding the refund. We share this only to respond to your refund request, and the decision remains Apple's. You can withdraw this consent at any time by contacting us (Section 20); we will then not share this information for your future refund requests.
  • Credits from refunded purchases. If Apple refunds a purchase, we remove the credits that came with it. If some of those credits were already used, the used amount is recorded on your account as a credit balance owed. Credits from your later purchases or subscription renewals are applied to this balance first, and only the remainder is added to your available credits. If Apple reverses the refund, we restore the removed credits and cancel the balance owed.

8.9. Changes to credits and prices

We may change prices, the credits included in a purchase and the credits each action uses. Changes apply only from the time they take effect and do not reduce credits you already have.

9. Fair use

To keep the App working for everyone and to control costs, we apply limits, for example how many generations you can run at the same time or within an hour or a day, and how many requests can come from one device or network. Most limits are reset automatically after a short time. We may change these limits.

10. Our rights and your license

  • We grant you a personal, non-exclusive, non-transferable and revocable license to use the App on Apple devices that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions.
  • The App, including its design, art styles, graphics, prompts, brand and code, belongs to us or our licensors and is protected by intellectual property laws. Fonts and open-source components are used under their own licenses.
  • Except as the law allows, you may not copy, modify, distribute, sell, rent, decompile or reverse engineer the App, or create derivative works from it.
  • You may not access our servers or AI generation services other than through the App, send automated or excessive requests, try to get around safety checks, purchase checks or limits, or try to extract the AI models or their instructions.

11. Availability

The App relies on services that we do not control, such as our AI providers, our hosting provider, the App Store and RevenueCat. Features may be unavailable, change or stop working at any time, and AI models may change, which can change how results look. Some features may require you to install an update.

12. Disclaimer

To the extent permitted by law, the App and all content generated with it are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not guarantee that the App will be uninterrupted or error-free, or that generated content will meet your expectations.

13. Limitation of liability

To the extent permitted by law, we are not liable for any indirect, incidental, special or consequential damages, or for any loss of data, comics, profits or goodwill arising from your use of the App. Our total liability for all claims relating to the App is limited to the amount you paid for purchases in the App in the 12 months before the claim.

Nothing in these Terms limits liability for intent or gross negligence, for death or personal injury caused by negligence, or for anything else that cannot be limited under applicable law. Nothing in these Terms affects your mandatory rights as a consumer.

14. Indemnity

To the extent permitted by law, you agree to compensate us for claims, losses and reasonable costs, including reasonable legal fees, that arise because Your Content or content you create or share with the App infringes the rights of others or breaks the law, including claims by people whose photos you added, or because you breach these Terms. This does not apply where the claim is caused by our own fault. If you are a consumer, this section applies only as far as the mandatory laws of your country allow.

15. Termination and deleting your data

  • You can stop using the App at any time. Deleting the App does not delete your account: to delete your account and data, use Settings > Account > Delete my data in the App (Privacy Policy, Section 10). Your remaining credits are then deleted and cannot be restored. Deleting your data does not cancel a subscription; Apple keeps billing you until you cancel it (Section 8.3).
  • If you seriously or repeatedly breach these Terms, we may restrict your account (Section 6) or end your license to use the App.
  • Sections 3, 4, 5, 8.1 (second point), 8.8, 10 (except the license in its first point), 12, 13, 14, 16, 18 and 19 continue to apply after termination.

16. App Store terms

  • These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the App and its content.
  • Apple has no obligation to provide maintenance or support for the App.
  • If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
  • We, not Apple, are responsible for any claims relating to the App, including product liability claims, claims that the App fails to meet a legal or regulatory requirement, consumer protection claims and claims that the App infringes the intellectual property rights of others.
  • You confirm that you are not located in a country that is subject to a U.S. Government embargo or that the U.S. Government has designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
  • When you use the App, you must also comply with the terms of any third party that applies, such as your mobile carrier.
  • Apple and its subsidiaries are third-party beneficiaries of these Terms. When you accept these Terms, Apple has the right to enforce them against you.

17. Changes to these Terms

We may update these Terms. When we do, we change the "Last updated" date above. If we make significant changes, we will also announce them in the App or in the App Store release notes. If you continue to use the App after a change takes effect, you accept the updated Terms. Changes do not apply to purchases made before they take effect.

18. Governing law and disputes

These Terms are governed by the laws of the Republic of Turkey. The courts and enforcement offices of Istanbul have jurisdiction over disputes. For consumers in Turkey, consumer arbitration committees and consumer courts are competent within the limits set by law.

If you are a consumer living outside Turkey, you also keep the protection of the mandatory laws of your country of residence. Where those laws allow it, you can also bring a claim in the courts of your country.

19. General

If any part of these Terms is found invalid or unenforceable, the rest remains in effect. If we do not enforce a right, we do not waive it. You may not transfer your rights under these Terms. We may transfer ours to a successor that continues to offer the App. These Terms, together with the Privacy Policy and the Apple Standard EULA, are the entire agreement between you and us about the App.

20. Contact

Dijital Kafa Bilişim ve Danışmanlık A.Ş.
Email: kafa@dijitalkafa.com
Phone: +90 (216) 504 47 31
Address: Gülnihal Sokak Atatürk Mahallesi No: 1/6, Ataşehir, İstanbul, Turkey
Support: mycomicseries.com/support