Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and [TO BE COMPLETED: Company legal entity, registered address] ("Getwellin", "we", "us", or "our"), and govern your access to and use of the Getwellin mobile application, the website at getwellin.com, and all related features, content, and services (together, the "Service"). By creating an account, tapping to accept these Terms, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Service.

Please read the sections on biometric and likeness data, AI-generated content, payments and auto-renewing subscriptions, disclaimers, limitation of liability, indemnification, and dispute resolution carefully. They affect your legal rights and, where permitted, may limit our liability and require individual (non-class) resolution of disputes.

1. The Service

Getwellin turns your face into AI-generated portraits placed in scenes and styles you choose. You complete a guided, multi-angle face scan and/or upload photos of yourself; the Service builds a personal model from that input and generates images intended to resemble you. A face similarity "identity gate" scores each result against your capture. The Service also includes a discovery feed where you may choose to make a creation public so that others can view it and "remix" the look onto their own avatar. The core Service runs on our own self-hosted infrastructure, and certain functions rely on the third-party providers listed in the Third-party services section. Features, scenes, wardrobes, pricing, and limits may change, be added, or be removed over time.

2. Eligibility

You must be at least 16 years old (or older if a higher minimum age applies where you live) to use the Service. The Service is rated for users 16 and over and is not directed to children. By using the Service, you represent that you meet the minimum age, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under any applicable law. If we learn that we have collected personal or biometric data from someone under the required age, we will delete it.

3. Your account and security

You can sign in with Sign in with Apple, Google Sign-In, or email. We receive your name and email address to create and secure your account. You are responsible for keeping your account credentials and device secure and for all activity that occurs under your account. Tell us promptly at [email protected]if you suspect unauthorized access. You may not share, sell, or transfer your account, or create an account using another person's identity or credentials.

4. Your content and your likeness

"Your Content" means the face scan data, photos, prompts, selections, generated images, and any posts you submit or create through the Service.

• Only your own face. You may upload, scan, or generate images only of yourself, or of a person for whom you hold the explicit, documented right and consent to do so. You must not upload or process images of any other identifiable person without their permission.
• You keep ownership. As between you and us, you retain all ownership rights you have in Your Content, including the photos you upload and the AI-generated outputs you create, subject to these Terms and the rights of any third party.
• License you grant us. You grant us a limited, non-exclusive, worldwide, royalty-free, sublicensable (to our processors and sub-processors only, and solely as needed to run the Service) license to host, store, reproduce, process, transmit, adapt, and display Your Content for the purpose of operating, securing, providing, and improving the Service, including generating your images, running the identity gate, and, where you choose to make a creation public, displaying it on the discovery feed and enabling remixes by other users. This license ends when you delete the relevant content or close your account, except as described in the Termination section and in our Privacy Policy, and except for content you have made public that others have already saved or remixed.
• Your representations.You represent and warrant that (a) you own or have all rights, licenses, and consents needed to submit Your Content and to grant the license above; (b) every identifiable person depicted in Your Content is you, or has given you their informed consent to be depicted and processed by an AI image service; and (c) Your Content and our permitted use of it do not infringe or violate any third party's intellectual property, privacy, publicity, or other rights, or any law.

5. Biometric and likeness data

The face scan and related facial data are biometric or biometric-style data used to build a model that generates and verifies your likeness. You acknowledge and expressly consent to our collection and processing of this data for the purposes described in these Terms and our Privacy Policy. Where the EU or UK General Data Protection Regulation applies, facial data is a special category of personal data, and our legal basis for processing it is your explicit consent under Article 9(2)(a) GDPR; you may withdraw that consent at any time. This consent is in addition to, and does not replace, the separate, standalone biometric consent you provide in the app before any face capture. We do not sell, lease, trade, or otherwise profit from your biometric identifiers or information; we do not use facial data for advertising or use-based data mining; and we retain and destroy biometric data on the schedule set out in our Privacy Policy (and, for Illinois residents, no later than three years after your last interaction with the Service, where the collection purpose is not satisfied sooner). You may withdraw your consent and delete your facial model at any time as described in our Privacy Policy and in the Termination section.

No deepfake or impersonation misuse.You must not use the Service to create, alter, or distribute synthetic or "deepfake" imagery of any real person other than yourself without their explicit consent, to impersonate anyone, to create misleading depictions of public figures, or to produce non-consensual, sexual, defamatory, fraudulent, or deceptive content. This prohibition applies regardless of whether the result is realistic.

6. AI content transparency and labelling

Images created with the Service are artificially generated. Where required by applicable law (including, for users in the European Union, the EU AI Act transparency obligations applicable from August 2, 2026), AI-generated outputs may be marked or labelled as artificially generated, and content that constitutes a realistic depiction of a real person may carry a human-perceivable disclosure that it is AI-generated. You agree not to remove, obscure, or alter any such label or metadata, and to comply with all transparency and disclosure requirements that apply to your sharing or distribution of AI-generated content.

7. Acceptable use

You agree not to use the Service to create, upload, generate, share, or attempt to do any of the following:

• Depict, scan, or process a real person other than yourself without their explicit consent;
• Impersonate any person or entity, or misrepresent your identity or affiliation;
• Depict a public figure, celebrity, or other identifiable person in a misleading, endorsing, or non-consensual way;
• Create sexual or pornographic content, or any content that sexualizes or depicts a minor in any way (we report child sexual abuse material to the authorities and the relevant hotlines as required by law);
• Harass, threaten, bully, defame, or promote hate, discrimination, violence, self-harm, or terrorism;
• Engage in or facilitate any illegal activity, or violate any applicable law or regulation;
• Infringe or misappropriate any patent, trademark, copyright, trade secret, right of publicity, privacy right, or other right;
• Deceive, defraud, scam, phish, or mislead others, including by creating fake identities or misleading depictions;
• Reverse engineer, scrape, decompile, probe, overload, disrupt, or attempt to gain unauthorized access to the Service, its models, or its infrastructure, or circumvent any safety, rate, moderation, or security control.

8. Community content and moderation

The discovery feed hosts content created and made public by users. We are not the author of user content and do not pre-screen all of it. We use a combination of automated safety systems and human review to detect and remove content that violates these Terms. The Service provides in-app tools to report content, block other users, and request takedowns; we aim to act on valid objectionable-content reports promptly, consistent with applicable platform requirements. We may, at our discretion and without obligation, remove or restrict any content, limit, suspend, or terminate any account (including placing an account in a suspended state), and take any action we consider appropriate to enforce these Terms or to comply with law. We are not liable for user content, and your remedies for objectionable user content are to use the in-app report and block tools and, where applicable, the notice procedures below.

9. Copyright and DMCA notice-and-takedown

We respect intellectual property rights and respond to valid notices under the U.S. Digital Millennium Copyright Act ("DMCA") and equivalent laws. If you believe content on the Service infringes your copyright, send a written notice to our designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf.

Designated Copyright Agent: [TO BE COMPLETED: DMCA agent name, mailing address], email [email protected]. If your content was removed and you believe it was a mistake or misidentification, you may submit a counter-notice with the corresponding statutory information. We maintain and enforce a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.

10. Coins, subscriptions, and payments

Generating images costs coins. You can obtain coins through an auto-renewing subscription (such as Getwellin Plus or Studio) or by purchasing coin packs. All purchases are made through Apple In-App Purchase; subscription and purchase state is managed through RevenueCat, our subscription processor. Apple is the merchant of record. We never see or store your payment-card details; Apple handles billing and refunds.

• Auto-renewal. Subscriptions renew automatically for the same period at the then-current price unless you cancel at least 24 hours before the end of the current period. The recurring nature, price, billing frequency, and renewal length are disclosed clearly at the point of purchase before you confirm, and your purchase is your express affirmative consent to those auto-renewal terms.
• Managing and cancelling.You can view, manage, or cancel a subscription at any time in your device Settings under your Apple ID Subscriptions, or via the in-app Settings. Cancelling is as easy as subscribing, consistent with the U.S. FTC "click-to-cancel" / negative-option principles and California's Automatic Renewal Law. Cancellation takes effect at the end of the current paid period.
• Free trials and reminders. Where a free trial or introductory offer is provided, the price, conversion date, and how to cancel are disclosed beforehand, and renewal or conversion reminders are sent where required by applicable law.
• Coins.Coins are a limited, revocable license to access features of the Service. They have no cash value, are not your property, are not transferable, cannot be exchanged for money, and (except where required by law) are non-refundable. Coins purchased in packs do not expire; coins granted with a subscription follow the plan's terms. We may adjust coin costs and pack contents prospectively.
• Refunds.Because Apple processes all transactions, refunds are requested from and granted by Apple under Apple's policies. We do not control Apple's billing or refund decisions. Where a non-waivable consumer-protection law (such as the EU or UK right of withdrawal or California's Automatic Renewal Law) gives you a refund or cancellation right, that law controls. For digital content and coins delivered immediately, you acknowledge that, where permitted, performance begins on purchase and any statutory withdrawal right may no longer apply once delivery has started with your consent.
• No bait-and-switch. We do not use misleading pricing. Coin packs and subscription terms are presented separately and clearly.

11. AI-generated content disclaimer

AI generation is probabilistic. Outputs are produced by statistical models and may vary in quality, accuracy, and likeness, may contain artifacts or unexpected elements, and may not match your expectations or depict you accurately. We do not warrant that any output will be accurate, fit for a particular purpose, unique, or free of resemblance to other people or works. You are solely responsible for how you use, publish, or distribute the images you create, and for ensuring that use complies with these Terms and applicable law.

12. Third-party services

The core Service runs on our own self-hosted infrastructure (including PostgreSQL, Redis, MinIO S3-compatible object storage for your frames, generations, and avatar, and a face-scoring service). In addition, the Service relies on third parties that process limited data to make it work: Apple (authentication and In-App Purchase), Google (Sign-In and, through the Google Gemini API, AI image generation), and RevenueCat (subscription management); transactional email is sent through Resend when enabled. To generate your images, reference imagery derived from your input is sent to Google's Gemini image-generation API, a third-party AI processor, as described in our Privacy Policy. Your use of these third-party services is also governed by their respective terms and privacy policies, and we are not responsible for them. The Service is not sponsored, endorsed, or administered by Apple or Google.

13. Your data rights

Depending on where you live, you have rights over your personal and biometric data. If the EU or UK GDPR applies, these include the rights to access, rectify, erase, restrict, and port your data, to object to certain processing, and to withdraw consent at any time (including your explicit consent to biometric processing). If you are a California resident, the CCPA/CPRA gives you the rights to know, access, delete, and correct your personal information, to opt out of any sale or sharing (note that we do not sell or share your personal information as those terms are defined), to limit the use of sensitive personal information, and not to be discriminated against for exercising your rights. You can exercise these rights, and find full details on how we handle requests and any verification we require, in our Privacy Policy or by emailing [email protected].

14. International data transfers

We operate from, and our self-hosted infrastructure and certain sub-processors (including Google's Gemini API) may be located in, jurisdictions different from yours, including the United States. When you use the Service, your data, including facial data processed to generate your images, may be transferred to and processed in those jurisdictions. Where we transfer personal data out of the European Economic Area, the United Kingdom, or Switzerland, we rely on a lawful transfer mechanism, such as the European Commission's Standard Contractual Clauses (and the UK International Data Transfer Addendum where applicable) or an adequacy decision, and we apply appropriate safeguards as described in our Privacy Policy.

15. Our intellectual property

The Service, including the Getwellin app, website, brand, names, logos, software, models, designs, and all related intellectual property, is owned by us or our licensors and is protected by law. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your own non-commercial use as permitted by these Terms. These Terms do not grant you any right to our trademarks, software, or other intellectual property beyond that license. All rights not expressly granted are reserved.

16. Feedback

If you send us ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use and incorporate that feedback for any purpose without any obligation or compensation to you.

17. Apple App Store and required terms

The following terms apply because you obtained the app through the Apple App Store. They are required by Apple and apply only to your use of the iOS app:

• These Terms are concluded between you and [TO BE COMPLETED: Company legal entity, registered address] only, and not with Apple. Apple is not a party to these Terms and is not responsible for the app or its content.
• Apple has no obligation to furnish any maintenance or support services for the app. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the app, and any claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the app or your use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer-protection, privacy, or similar legislation.
• In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Termination

You may stop using the Service and delete your account at any time from within the app. Account deletion removes your facial model and personal data; you can also delete individual creations. As described in our Privacy Policy, a small, non-identifying preview blob may persist for technical reasons consistent with the app's delete mechanics, and content you previously made public that others have saved or remixed may remain. For Sign in with Apple, deletion also revokes the associated Apple token.

We may suspend or terminate your access, with or without notice, if you violate these Terms, if we are required to by law, or if your use could harm other users, third parties, or us. On termination, the licenses you granted us for content you have deleted end (subject to the exceptions above), and the sections of these Terms that by their nature should survive (including content licenses for remaining public content, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

19. Disclaimers

To the maximum extent permitted by law, the Service and all content and outputs are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, error-free, or that outputs will be accurate or meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

20. Limitation of liability

To the maximum extent permitted by law, in no event will Getwellin or its officers, employees, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the Service, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars (US$50). Some jurisdictions do not allow certain limitations, so some of these limitations may not apply to you, and nothing in these Terms limits liability that cannot be limited by law.

21. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Getwellin and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to (a) Your Content, including any face or likeness of a third party you submitted; (b) your use or misuse of the Service; (c) your violation of these Terms or applicable law; or (d) your violation of any right of a third party, including intellectual property, privacy, publicity, or biometric-privacy rights.

22. Governing law and dispute resolution

These Terms are governed by [TO BE COMPLETED: Governing law / jurisdiction], without regard to its conflict-of-laws rules. Except where prohibited by applicable law, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration administered by [TO BE COMPLETED: arbitration body / rules], seated in [TO BE COMPLETED: venue / seat], rather than in court, and you and we waive any right to participate in a class, collective, or representative action to the extent permitted by law. Where binding arbitration or a class-action waiver is not enforceable as to you, the exclusive venue for such disputes will be the courts located in [TO BE COMPLETED: venue / seat], and you and we submit to their jurisdiction. Nothing in this section prevents either party from seeking injunctive relief for intellectual-property or unauthorized-access claims, and nothing waives any non-waivable right you have under the mandatory consumer-protection law of your country or state of residence.

23. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, network or power failures, third-party service or infrastructure outages, or failures of providers such as Apple, Google, or RevenueCat.

24. Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. These Terms bind and benefit the parties and their permitted successors and assigns.

25. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

26. Entire agreement and waiver

These Terms, together with our Privacy Policy and any terms presented at the point of purchase, are the entire agreement between you and us regarding the Service and supersede any prior agreements on that subject. Our failure to enforce any provision is not a waiver of it.

27. Changes to these Terms

We may update these Terms as the Service evolves or as the law requires. We will post the updated Terms here with a new "last updated" date and, for material changes, provide additional notice where appropriate. Your continued use of the Service after an update means you accept the updated Terms.

28. Contact

Questions about these Terms? Email [email protected]. For privacy, biometric-data, and data-rights requests, contact [email protected] and see our Privacy Policy. Legal and intellectual-property notices may be sent to [TO BE COMPLETED: Company legal entity, registered address].