Terms of Use · DivineME

Welcome to DivineME (the "App" or "Service"), provided by Filipe de Oliveira Silva (the "Company", "we", "us", or "our").

These Terms of Use (the "Terms") form a legally binding agreement between you and the Company and govern your access to and use of the Service. By downloading, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Please also read our Privacy Policy, which explains how we handle your personal data and is incorporated into these Terms by reference.

1. Eligibility

The Service is intended only for individuals who are 16 years of age or older. By using the Service, you represent and warrant that you are at least 16 years old and are fully able and legally competent to agree to these Terms. If you are a minor in your jurisdiction, you must have permission from a parent or legal guardian.

2. The Service

DivineME is an entertainment application that uses artificial intelligence to create faith-inspired photos and videos by applying a face from a photo you select onto pre-designed templates (a "face swap"). Results are generated automatically and are stylized, fictional creations.

Template-based generation only. DivineME does not offer free-text prompts. You cannot type instructions to the AI. Media is generated solely from a fixed library of templates that we design, curate, and pre-approve, each of which contains its own pre-programmed base imagery and generation parameters. You select a template and apply your chosen face to it; you cannot otherwise direct, instruct, or alter the underlying generation.

Not a social network. The App has no public feed, profile, comment, follower, or messaging system, and no mechanism for users to view, receive, or interact with content created by other users. Each user can access only their own generated media within the App. Saving media to your device or sharing it to third-party platforms (such as messaging or social-media apps) is an action you initiate and control outside the App.

You understand and agree that:

Generated content is produced by automated AI systems and may contain inaccuracies, artifacts, or unexpected results. Results may vary and are not photographs of real events.
The Service is provided for personal, lawful, non-commercial entertainment and creative use.
We may add, modify, suspend, or discontinue features of the Service at any time.

3. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on a device you own or control, solely for your personal, non-commercial use.

We reserve all rights not expressly granted to you. You acknowledge that we may terminate this license at any time as set out in these Terms.

4. Your Content and Responsibilities

4.1 The photos you provide

"User Content" means the photos you select and submit to the Service. You retain ownership of your User Content. By submitting User Content, you grant us a limited, worldwide, royalty-free license to host, store, process, and transmit it solely to operate the Service and create your requested result, as described in our Privacy Policy. We do not use your User Content to train AI models.

4.2 Your representations

You represent and warrant that, for every photo you submit:

You are the person shown, or you have obtained the explicit consent of every identifiable person shown; and
You have all rights necessary to submit the photo and to have it processed as described; and
The photo does not infringe any third party's rights (including privacy, publicity, copyright, or other rights).

4.3 Face-swap and synthesized content rules

Because the Service involves editing and synthesizing images of faces, you specifically agree that you will not:

Use another person's face or likeness without that person's explicit consent;
Create content that is illegal, or use synthesized content for any unlawful or infringing purpose;
Present synthesized content as authentic or unaltered where doing so is deceptive or harmful;
Create content that is defamatory, harassing, sexually explicit, or that depicts a real person in a false or damaging light.

You are solely responsible for the photos you submit and the content you create, save, share, or distribute.

5. Acceptable Use

You agree not to:

Use the Service in violation of any applicable law or regulation;
Create, upload, or share content that is unlawful, infringing, defamatory, obscene, pornographic, sexually explicit, hateful, harassing, threatening, or that promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
Create, save, or share content that mocks, demeans, defiles, or is gratuitously offensive toward any religion, religious figure, faith, sacred text, or community of believers, or that uses religious imagery in a sexual, violent, hateful, or otherwise disrespectful manner;
Impersonate any person or misrepresent your affiliation with any person or entity;
Create non-consensual intimate imagery, or deceptive "deepfakes" of real individuals;
Copy, modify, adapt, translate, reverse engineer, decompile, or create derivative works of the Service, or attempt to extract its source code;
Use automated means (bots, scrapers, scripts) to access or interact with the Service;
Interfere with, disrupt, or attempt to bypass any security or access-control measures of the Service;
Resell, sublicense, rent, or commercially exploit the Service or any content generated through it without our written consent.

We reserve the right to refuse, screen, or remove content, and to suspend or terminate access for any user who violates these Terms, without notice.

6. Content Curation, Moderation, and Safety

The App is not a content-sharing platform: it has no public feed and no user-to-user content, and each user can access only their own generated media. Because all generation is based on a closed library of templates that we curate and pre-approve, we maintain content safety as follows:

We design, review, and approve every template before it is made available, applying our own editorial and content standards.
We apply automated content-safety screening to generated media.
We may refuse to generate, remove, or disable access to any content, and suspend or terminate any account, that we believe violates these Terms or applicable law.

Because you control whether, and where, to save, export, or share your generated media, you are solely responsible for ensuring that your use complies with these Terms, with the rules of any third-party platform you share to, and with applicable law. If you believe content created or shared through the Service violates these Terms or your rights, you can contact us using the details in Section 21, and we will review and respond.

DivineME uses a third-party artificial-intelligence provider, fal.ai, to generate your media. Before your photo is processed for the first time, the App presents a consent screen that identifies fal.ai by name and explains that a temporary copy of your selected photo will be sent to fal.ai solely to generate your result.

Generation does not begin unless you give this consent.
If you decline, no media is generated, and the consent screen will appear again on each subsequent attempt until you accept.
The temporary processing copy is automatically deleted when generation completes and, in all cases, within 24 hours, as described in our Privacy Policy.
We do not use your photos or generated media to train AI models.

8. Ownership of Generated Content

Subject to your compliance with these Terms and applicable law, you may use the photos and videos you generate through the Service for your personal, non-commercial purposes. We and our licensors retain all rights in and to the App, the templates, and the underlying technology.

Watermarking. Media generated on a free (non-paid) basis carries a visible "DivineME" watermark. Media generated under a paid plan does not carry this watermark. You agree not to remove, obscure, or alter any watermark applied to your media.

Your transparency responsibilities. You are responsible for disclosing that content is artificially generated or manipulated where required by applicable law (for example, transparency obligations for AI-generated or "deepfake" content, such as those under the EU AI Act), and for not presenting synthesized content as an authentic, unaltered depiction of real events or persons where doing so would be deceptive or harmful.

9. Credits, Subscriptions, and Payments

9.1 Credits

Certain features require credits. Credits may be included with a subscription, purchased as one-time consumable packs, or granted through in-app activities. Credits:

are a limited license to access digital features, not real currency, and have no monetary value;
cannot be exchanged for cash, transferred, gifted, or resold;
are tied to your account.

Credit validity. How long credits remain available depends on how they were obtained:

Subscription credits. Credits granted as part of a subscription are valid for 30 (thirty) days from the date they are added to your account. Subscription credits that remain unused after this 30-day period expire and are removed from your balance.
One-time purchase credits. Credits purchased as consumable credit packs do not expire and remain available in your account.
Reward credits. Credits granted through in-app activities (such as missions and rewards) do not expire and remain available in your account.

Expired credits are not restored, refunded, or converted into any other benefit.

9.2 Subscriptions and free trials

The Service offers auto-renewing subscriptions and one-time purchases. By starting a subscription (including any free trial):

You authorize Apple to charge the applicable price to your Apple Account on a recurring basis until you cancel.
Any free trial automatically converts to a paid subscription at the end of the trial unless you cancel at least 24 hours before the trial ends.
A free trial may be used only once per user, as determined by Apple.
Your subscription automatically renews for the same period unless canceled at least 24 hours before the end of the current period.

9.3 Managing and canceling

You manage and cancel subscriptions through your Apple Account settings, not within the App. Deleting the App does not cancel a subscription.

9.4 Payments and refunds

All purchases are processed by Apple through the App Store. We do not receive or store your payment-card details. All fees are charged in accordance with Apple's terms. Refunds are handled by Apple in accordance with Apple's policies; except where required by law, fees are non-refundable. To request a refund, see: https://support.apple.com/HT204084

10. Intellectual Property

The Service, including all software, templates, designs, text, graphics, and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited license granted in these Terms, you may not reproduce, distribute, modify, or create derivative works from any part of the Service without our prior written consent.

The visual styles offered by the Service are generalized and do not reference any specific third-party works, characters, or trademarks.

11. Copyright, Likeness, and Takedown Requests

If you believe that content available through the Service infringes your intellectual-property rights, uses your image or likeness without consent, or otherwise violates your rights or these Terms, please send a notice to the contact in Section 21 that includes:

(a) a description of the right or rule you believe is infringed;
(b) a description and the location of the content at issue;
(c) your contact information; and
(d) a statement that the information in your notice is accurate.

We will review valid notices and take appropriate action, which may include removing content and, where applicable, disabling the relevant account.

12. Third-Party Services

The Service relies on third-party providers (including those listed in our Privacy Policy, such as our AI provider fal.ai). Your use of certain features may be subject to those providers' terms. We are not responsible for third-party services, and some functions require an active internet connection for which you are responsible (including any carrier data charges).

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT GENERATED RESULTS WILL MEET YOUR EXPECTATIONS. AI-GENERATED CONTENT MAY BE INACCURATE OR UNEXPECTED, AND YOU USE IT AT YOUR OWN DISCRETION AND RISK.

The disclaimers in this Section apply only to the maximum extent permitted by applicable law and are subject to the consumer-rights provision in Section 14.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) USD 50.

Consumer rights preserved. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy you may have under mandatory consumer-protection law that cannot lawfully be excluded or limited — including, where applicable, the Brazilian Consumer Protection Code (Código de Defesa do Consumidor – Lei nº 8.078/1990), the LGPD, and mandatory EU consumer law. Where such law applies, the disclaimers and limitations in these Terms (including in Section 13 and this Section 14) apply only to the maximum extent that law permits, and the statutory rights and legal warranties granted to you prevail over any conflicting provision in these Terms.

15. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your User Content, your use of the Service, or your violation of these Terms or of any third party's rights. This Section does not apply to the extent a loss results from our own breach or fault, or where such indemnification is prohibited by mandatory consumer-protection law applicable to you.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, if you violate these Terms or if we discontinue the Service. Upon termination, your license ends and you must stop using the App. You may stop using the Service at any time and may delete your account from within the App.

17. Apple App Store Terms

These Terms are between you and the Company only, not with Apple. The following applies to your use of the App obtained from the Apple App Store:

Apple has no obligation to provide maintenance or support for the App.
To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App, and any claims relating to the App's failure to conform to any warranty are the Company's responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App, including product-liability, legal/regulatory, or consumer-protection claims.
In the event of any third-party claim that the App infringes intellectual property rights, the Company, not Apple, is responsible for investigation, defense, settlement, and discharge of that claim.
You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist-supporting," and that you are not on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.

18. Changes to These Terms

We may update these Terms from time to time. We will update the "Last Updated" date and, for material changes, provide notice within the App where appropriate. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

19. Governing Law and Disputes

These Terms are governed by the laws of Brazil, without regard to conflict-of-laws principles. The courts located in São Paulo/SP will have exclusive jurisdiction.

Consumers. If you are a consumer, the mandatory provisions of the consumer-protection law of your country of residence continue to apply, you retain the right to bring proceedings in the courts of your place of residence, and we will not require you to submit a dispute to arbitration where such a requirement would be invalid under the consumer-protection law applicable to you.

20. General Provisions

Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
Entire Agreement. These Terms, together with the Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and the Company regarding the Service and supersede any prior agreements on that subject.
No Waiver. Our failure to enforce any right or provision of these Terms will not be a waiver of that or any other right or provision.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets; we will give notice where required by law, and your statutory consumer rights are unaffected.

21. Contact

Questions about these Terms? Contact us:

Filipe de Oliveira Silva
Email: support@divineme.app
Address: Estrada São Francisco, 2008 - Sala 306 ANEXO B-218, Taboão da Serra/SP 06765-904