Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Aestic website, mobile applications and related services (collectively, the "Services").

The Services are operated by Lumonova, Amsterdam, The Netherlands ("Aestic", "Lumonova", "we", "our" or "us").

By tapping "Sign Up", "Continue", "I Agree", or otherwise creating an account or accessing Aestic, you confirm that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, Acceptable Use and AI Safety Policy, Copyright and Commercial Licence, and Cookie Policy, each of which forms part of your agreement with Aestic.

If you do not agree, you must not use the Services.

1. Eligibility

To use Aestic you must be at least 16 years old and have the legal capacity to enter into a binding agreement.

The Aestic App Store listing may carry a content rating of 4+ as determined by Apple. This rating relates to content suitability only and does not change the legal age requirements for creating an account.

If you are under the legal age required in your jurisdiction, you may only use Aestic with the permission of a parent or legal guardian where permitted by law.

2. Your Account

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• provide accurate and complete information
• keep your information up to date
• maintain the security of your account
• notify us immediately if you believe your account has been compromised

You remain responsible for all activity occurring under your account.

3. The Services

Aestic provides artificial intelligence tools that enable users to:

• generate images from text prompts or style selections
• edit existing images
• replace backgrounds
• enhance photographs
• swap faces, accessories, or products in images
• transform styles
• perform AI-powered creative image editing

The Services may change from time to time as we improve the platform. We reserve the right to modify, replace or discontinue features where reasonably necessary.

4. Credits

Aestic operates using a prepaid credit system. Credits purchased through Aestic:

• never expire
• remain available until used
• are non-transferable
• have no cash value
• cannot be exchanged for money

Credits are deducted only when an image generation or editing request is successfully submitted for processing.

5 credits are included with every new account. No credit card is required to receive these credits.

5. Failed Generations

If a technical error occurs and a credit is deducted without successfully generating your requested result, Aestic will restore the deducted credit or provide an equivalent replacement.

We may investigate repeated failed requests to identify technical issues or misuse. Refunds for failed generations are limited to genuine technical failures and do not apply where the generated output simply does not match your creative expectations.

6. Purchases

Credits may be purchased through:

• Apple App Store
• Google Play

Payments are processed by the relevant platform together with our subscription and entitlement management provider where applicable. Aestic does not receive or store your complete payment card details. Prices may change from time to time. Price changes do not affect credits already purchased.

6A. In-App Purchases and No Auto-Renewal

Aestic credits are one-time consumable purchases. They are not subscriptions and do not auto-renew.

• Each credit pack purchase is a single one-off transaction
• There is no recurring billing and no automatic charges
• Your payment method will not be charged again unless you actively purchase additional credits
• Credits never expire and remain in your account until used

Managing purchases:

• On iOS: manage your purchases through your Apple ID account settings
• On Android: manage your purchases through your Google Play account
• For App Store refund requests, contact Apple directly through support.apple.com
• For Google Play refund requests, contact Google directly through play.google.com/store/account
• For all other questions, contact us at support@aesticstudio.com

7. Refund Policy

Except where required by applicable law, purchases of digital credits are non-refundable. Refunds may be granted where:

• payment has been duplicated
• technical errors prevent delivery of purchased credits
• applicable consumer protection laws require a refund

Requests for refunds relating to App Store or Google Play purchases may also be subject to Apple's or Google's own refund procedures.

8. Commercial Use

Unless otherwise stated, Aestic grants users the right to use AI-generated images created through their account for both personal and commercial purposes. This includes for example advertising, websites, social media, print, packaging, presentations, client work, and marketing campaigns.

Users remain responsible for ensuring that their use of generated images does not infringe the rights of third parties or violate applicable law.

9. Ownership

You retain ownership of all images that you upload to Aestic. Subject to applicable law, you also own the AI-generated images created through your account. Aestic claims no ownership rights in your uploaded content or generated images.

However, by uploading content to Aestic, you grant us a limited, non-exclusive licence solely to process, store and transmit that content as necessary to provide the Services. This licence ends when your content is deleted, except where retention is required by law.

10. No Public Gallery

Aestic is a private creative platform. Images generated through Aestic are not automatically published, displayed or shared with other users. Aestic does not operate a public gallery or community feed. Your generated content remains private unless you choose to share it outside the platform yourself.

11. Acceptable Use

You agree to use Aestic only for lawful purposes and in accordance with these Terms. You must not use Aestic in any way that could damage, disable, overburden or interfere with the Services or the experience of other users. You are solely responsible for all prompts, uploaded images and generated content created through your account.

12. Prohibited Content

You may not upload, request, generate or distribute content that includes or promotes:

• child sexual abuse material or exploitation
• nudity or sexually explicit content
• pornography
• non-consensual intimate imagery
• sexual deepfakes
• human trafficking
• terrorism or terrorist propaganda
• violent extremism
• graphic violence intended to shock or glorify harm
• self-harm or suicide promotion
• illegal drugs or criminal activity
• hate speech
• discrimination or harassment based on protected characteristics
• malware, phishing or fraud
• deceptive political misinformation intended to cause harm

We reserve the right to determine whether content violates these Terms.

13. Copyright and Intellectual Property

You may only upload content that you own, have permission to use, or is otherwise lawful to process. You must not upload copyrighted photographs, artwork, logos, trademarks or other protected material unless you have the legal right to do so. Aestic is not responsible for verifying ownership of uploaded content.

14. Images of Other People

If you upload photographs containing identifiable individuals, you confirm that you have the necessary legal rights and permissions to do so. You are responsible for complying with all applicable privacy, publicity and personality rights. Aestic may remove content that appears to violate the rights of others.

15. AI Editing and Face Replacement

Certain features allow users to edit existing photographs, including replacing backgrounds, enhancing portraits or replacing faces, bags, or accessories. These tools must not be used to:

• impersonate another person
• create fraudulent identification documents
• deceive others regarding a person's identity
• produce non-consensual deepfakes
• facilitate scams or fraud
• create misleading evidence
• generate content that could be mistaken for authentic evidence in legal, journalistic, or scientific contexts

Users remain fully responsible for the images they generate.

Before using any face feature for the first time, users will be asked to confirm their consent to our face data processing policy as described in our Privacy Policy.

16. EU AI Act Compliance

Aestic operates in accordance with Regulation (EU) 2024/1689 on Artificial Intelligence. When publishing AI-generated content that depicts real individuals or could be mistaken for authentic photography, you are responsible for clearly disclosing that the content is AI-generated, in accordance with Article 50 of the EU AI Act.

You may not use Aestic to generate content intended to deceive others without appropriate disclosure, or to produce material that could be mistaken for authentic evidence in legal, journalistic, or scientific contexts.

17. Artificial Intelligence Disclaimer

Artificial intelligence is inherently probabilistic. As a result:

• identical prompts may generate different results
• outputs may contain inaccuracies
• outputs may resemble publicly available works
• generated content may require manual review before commercial use

Aestic does not guarantee originality, uniqueness, legal suitability, factual accuracy, or commercial fitness of generated content. Users should independently review all generated content before publication or commercial distribution.

18. Service Availability

We aim to provide reliable access to the Services. However, we do not guarantee uninterrupted availability. The Services may occasionally be unavailable due to scheduled maintenance, software updates, hardware failures, internet disruptions, security incidents, third-party outages, or force majeure events. We are not liable for temporary interruptions beyond our reasonable control.

19. Suspension and Termination

We may suspend, restrict or permanently terminate your account immediately and without prior notice if we reasonably believe that you:

• violate these Terms
• upload prohibited content
• misuse AI functionality
• attempt to interfere with the Services
• engage in fraudulent activity
• violate applicable laws
• threaten the security or stability of Aestic

During suspension or investigation we may temporarily restrict access to your account while reviewing the matter.

19A. Effect of Termination

If your account is terminated:

• access to the Services may immediately end
• unused credits may be forfeited where termination results from a serious violation of these Terms
• subscriptions must be managed through the relevant app store
• certain records may be retained where required by law

If you request account deletion yourself, your account will enter a 30-day recovery window during which you may restore it by logging back in. After 30 days, all personal data including generated images will be permanently deleted from our active systems, except where retention is required by applicable law.

Termination does not affect any rights or obligations that arose before termination.

20. Intellectual Property of Aestic

All rights, title and interest in Aestic, including software, interface design, branding, logos, trademarks, documentation, source code, graphics, workflows, style library, prompts library, and proprietary technology remain the exclusive property of Lumonova or its licensors.

Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, reverse engineer, decompile, scrape, or create derivative works from Aestic.

21. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. Aestic makes no representations or warranties, express, implied or statutory, regarding the operation, availability or performance of the Services.

Without limitation, Aestic expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, uninterrupted availability, compatibility, non-infringement, accuracy, reliability, and security.

Artificial Intelligence is an evolving technology and outputs may differ between identical requests. Your use of the Services is entirely at your own risk.

22. Limitation of Liability

To the maximum extent permitted by applicable Dutch and EU law, Lumonova, Aestic, its directors, employees, contractors, affiliates, licensors and partners shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of the Services.

Our total cumulative liability for any claim arising from or relating to the Services shall never exceed the greater of:

• the total amount paid by you to Aestic during the twelve months immediately preceding the event giving rise to the claim, or
• one hundred euros (€100)

Nothing in these Terms excludes liability that cannot legally be excluded under applicable Dutch or EU law, including liability for death or personal injury caused by negligence. Your statutory consumer rights are not affected.

23. User Responsibility and Indemnification

You are solely responsible for your uploaded content, your prompts, your generated images, your commercial use of generated content, and ensuring that your use of the Services complies with all applicable laws.

To the extent permitted by applicable EU and Dutch law, you agree to defend, indemnify and hold harmless Lumonova, Aestic and its employees, officers, contractors, licensors and affiliates from any claims, liabilities, damages, judgments, losses, legal fees and expenses arising from your breach of these Terms, your misuse of the Services, infringement of intellectual property rights, violation of privacy rights, unlawful content, or illegal use of AI-generated material.

This obligation survives termination of your account.

24. Third-Party Services

Aestic integrates with trusted third-party providers to operate the Services. These providers may include:

• Apple App Store
• Google Play
• RevenueCat
• Clerk
• Cloudflare
• Railway
• Google Cloud
• Higgsfield (AI image processing)

These providers operate independently under their own terms and privacy policies. Aestic is not responsible for the availability, security or performance of third-party services. Should one of these providers become unavailable, Aestic reserves the right to replace that provider with an equivalent service without prior notice.

25. Force Majeure

Aestic shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including natural disasters, pandemics, acts of government, changes in legislation, internet outages, cyberattacks, telecommunications failures, labour disputes, war, civil unrest, or terrorism. Our obligations shall be suspended for the duration of such events. Where a force majeure event continues for more than 60 consecutive days, either party may terminate these Terms upon written notice.

26. Consumer Rights

Nothing contained within these Terms limits any mandatory consumer rights provided under applicable Dutch or EU law. Where local legislation grants users additional protections, those rights remain unaffected.

EU consumers have the right to use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr.

27. Digital Services Act

Aestic operates in accordance with Regulation (EU) 2022/2065 (the Digital Services Act). Our single point of contact for EU authorities is legal@aesticstudio.com. Users may report illegal content at report@aesticstudio.com.

28. Governing Law

These Terms shall be governed exclusively by the laws of the Netherlands. Any dispute arising from or relating to these Terms or the Services shall be interpreted in accordance with Dutch law.

If you are a consumer located in the European Union, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence.

29. Dispute Resolution

If you have a complaint, we encourage you to contact us first at support@aesticstudio.com. We will make reasonable efforts to resolve disputes promptly and amicably within 30 days.

If no resolution can be reached, any dispute shall be submitted to the competent courts located in Amsterdam, The Netherlands, unless mandatory consumer protection laws require otherwise.

30. Changes to These Terms

We reserve the right to modify these Terms at any time. Where changes are material, we will give you at least 30 days' advance notice by email and in-app notification. Continued use of the Services after revised Terms become effective constitutes acceptance of the updated Terms.

31. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable. Any invalid provision shall be interpreted to reflect its original intention as closely as possible while remaining legally enforceable.

32. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use and AI Safety Policy, Copyright and Commercial Licence, Cookie Policy, and any other policies expressly incorporated by reference, constitute the complete agreement between you and Lumonova regarding your use of Aestic. They supersede all previous agreements, communications and understandings relating to the Services.

33. No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver shall only be effective if expressly made in writing by Lumonova.

34. Assignment

Aestic may assign, transfer or subcontract its rights and obligations under these Terms without your prior consent, including in connection with a merger, acquisition, or sale of assets. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

35. Contact

For questions regarding these Terms, your account or the Services:

• Email: support@aesticstudio.com
• Legal / DSA authorities: legal@aesticstudio.com

36. Effective Date

These Terms become effective immediately when you create an account or first use the Services. By accessing or using Aestic, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions.