Photo Foundry AI Terms of Service

Supplemental End-User Terms

Effective date: July 8, 2026 | Company: Myworkingmemory LLC, a Tennessee limited liability company

1. Acceptance

These Terms of Service and Supplemental End-User Terms ("Terms") are a legal agreement between you and Myworkingmemory LLC ("Company," "we," "us," or "our") for the Photo Foundry AI mobile application, website, gateway, generated-image services, support materials, and related services (collectively, the "Services").

By downloading, purchasing, subscribing, opening, accessing, redeeming credits, generating an image, saving an output, or using the Services, you agree to these Terms and the Photo Foundry AI Privacy Policy. If you do not agree, do not use the Services.

You consent to transact electronically. Your download, purchase, subscription, tap, click, installation, opening of the App, credit redemption, generation request, or continued use after notice may constitute electronic assent under the federal E-SIGN Act and applicable state electronic-signature laws.

2. Definitions

"Company Parties" means Myworkingmemory LLC and its members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates.

"User Content" means prompts, negative prompts, style selections, quality selections, saved outputs, generated images, revised prompts, support messages, feedback, reports, or other material you create, submit, request, store, save, send, share, or otherwise use through the Services.

"Output" means an image, revised prompt, metadata, or other result generated, returned, displayed, saved, or made available through the Services.

"Credits" means digital-use units that may be used to request image generation through the Services.

"You" means the person who downloads, purchases, subscribes, accesses, redeems, generates, saves, or uses the Services.

3. Product Description

Photo Foundry AI is a text-to-image app for people who want to type an image idea, choose a style, and request a generated image. The App is distributed through the Apple App Store for iPhone and iPad in the United States.

The Services are designed as follows:

Company may update, modify, suspend, or discontinue the Services or any feature as described below.

4. Apple App Store and License Terms

The App is licensed, not sold. If you download the App through the Apple App Store and Company has not separately selected a custom license agreement for the App in App Store Connect, Apple's standard licensed-application end-user license agreement applies to the App license.

These Terms supplement the Apple license terms and govern your relationship with Company for App use, credits, subscriptions, support, acceptable use, User Content, dispute resolution, privacy-related disclosures, and Company protection. If these Terms conflict with a non-waivable Apple rule applicable to the App Store transaction, Apple's rule controls for that transaction.

These Terms are between you and Company only, not Apple. Company, not Apple, is responsible for the App and its content, except as stated in Apple's rules and these Terms. Apple has no obligation to furnish maintenance or support for the App.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price if required by Apple's policies. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Company, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, legal-compliance claims, consumer-protection claims, intellectual-property claims, and claims that the App fails to conform to applicable law.

You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government restricted-party list. Apple and Apple's subsidiaries are third-party beneficiaries of this section and may enforce it against you.

5. License Grant

Subject to these Terms, Apple's applicable rules, and your compliance with payment and credit terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for lawful personal or internal business purposes on Apple-branded devices that you own or control.

You do not acquire ownership of the App, source code, gateway, model routing, interface, design, trade dress, screenshots, icon, documentation, workflows, product name, trademarks, pricing structure, credit system, prompt templates, or other Company intellectual property.

Company may revoke this license if you breach these Terms, misuse credits or outputs, create legal or operational risk, or if Company discontinues the Services.

6. Payment, Subscriptions, Credits, Refunds, and Taxes

Photo Foundry AI uses Apple In-App Purchase for iOS subscriptions and credit refills. Apple processes payment and may control billing, taxes, family sharing, refunds, reversals, chargebacks, subscription management, and purchase records under Apple's rules. Company does not receive your full payment-card number from Apple.

Current iOS products are:

Subscriptions renew automatically until cancelled through Apple. You must manage cancellation through Apple subscription settings. Deleting the App does not necessarily cancel a subscription.

Credits are digital-use units for the Services. One standard image uses one image credit unless the App says otherwise. Credits have no cash value, are not legal tender, are not stored-value funds, are not transferable, are not redeemable for cash, and may not be resold, bartered, transferred, pooled, scraped, automated, or used outside the Services.

Credits are fulfilled only after Apple verification and server redemption. Company may refuse, revoke, expire, reduce, suspend, or adjust credits for fraud, abuse, refund, reversal, chargeback, duplicate redemption, testing, technical error, platform requirement, provider rejection, security issue, legal compliance, or breach of these Terms.

Except where required by law or Apple's policies, purchases are final and non-refundable. Apple controls App Store refund procedures, and any Apple refund, reversal, billing decision, or subscription status may affect credit access. You are responsible for taxes, device costs, data costs, carrier costs, and other third-party costs related to your use of the Services.

7. No Company Account; Device, Token, and Backup Responsibility

The current iOS app does not require a Company account. The App may create or use a device-held app account token and server access token to request trial credits, check balances, generate images, and redeem Apple purchases.

You are responsible for:

Company Parties do not guarantee that prompts, outputs, credits, access tokens, saved images, or generated images will be recoverable, backed up, restorable, available, or retained.

8. User Content, Prompts, and Outputs

As between you and Company, you retain whatever rights you lawfully hold in your User Content, subject to these Terms, third-party provider terms, platform rules, and applicable law.

You are responsible for your prompts, negative prompts, requested styles, generated outputs, saved images, shared images, and any use, publication, sale, reliance, or distribution of outputs. You represent and warrant that you have all rights, permissions, consents, and authority needed for the prompts and uses you submit, request, save, share, or publish.

You grant Company and Company Parties a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, transmit, display, adapt, and use User Content and Outputs only as reasonably necessary to operate, support, secure, improve, enforce, document, test, defend, or provide the Services; respond to your support requests; comply with law; or process actions you initiate.

To the extent Company has rights in an Output generated for you, Company assigns or licenses those rights to you for your lawful use, subject to these Terms, third-party provider rules, and applicable law. Company does not guarantee that any Output is original, copyrightable, non-infringing, commercially usable, private, accurate, exclusive, or suitable for your intended purpose.

If you submit ideas, suggestions, requests, comments, reviews, bug reports, marketing ideas, product concepts, or other feedback, you assign to Company all rights in that feedback to the fullest extent permitted by law. Company may use feedback without restriction, attribution, or compensation. If assignment is not permitted, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use the feedback for any purpose.

9. AI Features, Provider Rules, and Output Risk

The Services use automated image-generation systems and third-party AI providers. Outputs may be inaccurate, unexpected, offensive, biased, low-quality, similar to other content, unusable, unavailable, delayed, rejected, or unsuitable for your intended use.

Safety systems, prompt filters, rate limits, provider moderation, and credit checks may block, refuse, alter, delay, or fail to generate prompts or outputs. No safety system is perfect.

You must not use the Services or Outputs as evidence, identity verification, professional advice, legal proof, factual proof, biometric identification, safety-critical information, medical or mental-health information, financial guidance, or any rights-affecting decision tool.

Your use of AI features and Outputs may also be subject to third-party provider terms, usage policies, platform rules, intellectual-property rules, publicity rights, privacy rights, and applicable law.

10. Company Intellectual Property

Company and its licensors retain all rights, title, and interest in the Services and all Company intellectual property. No rights are granted except the limited license expressly stated in these Terms.

You may not:

11. Acceptable Use

You may not use the Services to:

Violation of this section is a material breach. Company may preserve evidence, restrict support, suspend access, revoke credits, deny generation, notify affected parties or authorities where appropriate, and seek injunctive relief.

12. No Professional Advice

The Services are image-generation and creative productivity tools. They are not a lawyer, doctor, therapist, qualified mental health professional, accountant, tax advisor, financial advisor, safety system, medical device, emergency service, identity-verification service, or other licensed professional.

The Services do not provide professional advice, do not create a professional relationship, and must not be used as a substitute for professional judgment.

The Services are not intended for use in emergencies or for decisions that may cause death, bodily injury, financial loss, legal loss, discrimination, reputational harm, privacy harm, or deprivation of rights.

13. Third-Party Services and Platforms

The Services may interact with or depend on third-party platforms and systems, including Apple, iOS, App Store services, StoreKit, Photos, OpenAI, Vercel, Stripe as a server-side credit-ledger provider, email providers, network providers, device settings, operating-system features, and cloud or backup systems you choose to use.

Company Parties are not responsible for third-party acts, omissions, outages, rules, refund decisions, privacy practices, provider rejections, model behavior, data practices, price changes, availability, compatibility, policy changes, platform changes, or service discontinuation.

14. Updates, Changes, Suspension, and Discontinuation

Company may update, modify, suspend, discontinue, rate-limit, or terminate the Services or any feature at any time. Updates may add, change, or remove features, prices, products, credit grants, provider integrations, safety systems, model routing, limits, or availability.

Company may update these Terms. Company provides notice as required by applicable law and may provide notice by website posting, app-store release notes, in-app notice, email, or another reasonable method. Non-material updates apply to continued use to the extent permitted by law. Material amendments to dispute-resolution, class-waiver, jury-waiver, liability, privacy, or other rights-affecting terms apply prospectively and may require affirmative assent where required for enforceability.

If you do not agree to updated Terms, stop using the Services.

15. DMCA and Intellectual-Property Notices

The current App does not host a public user gallery. If you believe Company-controlled material infringes your copyright, send a notice to:

Myworkingmemory LLC

Nashville, Tennessee, United States

Email: dean@myworkingmemory.ai

Your notice should include the information required by 17 U.S.C. 512, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate, and your physical or electronic signature.

16. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, COMPATIBILITY, OUTPUT QUALITY, ORIGINALITY, COPYRIGHTABILITY, COMMERCIAL USABILITY, ERROR-FREE OPERATION, AND UNINTERRUPTED SERVICE.

COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, PRESERVE YOUR CONTENT, PRESERVE YOUR CREDITS, WORK ON EVERY DEVICE OR OPERATING SYSTEM, REMAIN AVAILABLE, REMAIN COMPATIBLE WITH APPLE OR THIRD-PARTY SERVICES, PRODUCE ACCEPTABLE OUTPUTS, AVOID PROVIDER REJECTION, OR BE FREE FROM DEFECTS, ERRORS, INTERRUPTIONS, LOSS, CORRUPTION, MODERATION BLOCKS, SECURITY INCIDENTS, OR UNSUITABLE OUTPUTS.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOST CONTENT, LOST CREDITS, BUSINESS INTERRUPTION, DEVICE FAILURE, LOSS OF GOODWILL, COSTS OF SUBSTITUTE GOODS OR SERVICES, PROVIDER REJECTION, UNSUITABLE OUTPUTS, INFRINGING OUTPUTS, PRIVACY HARM FROM YOUR SHARING, OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, OUTPUTS, CREDITS, PURCHASES, THESE TERMS, OR THE PRIVACY POLICY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INTENTIONAL TORTS, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS WAIVES NON-WAIVABLE RIGHTS UNDER THE TENNESSEE CONSUMER PROTECTION ACT OR OTHER APPLICABLE CONSUMER-PROTECTION LAWS.

18. Indemnification

You agree to defend, indemnify, and hold harmless Company Parties from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

Company may control the defense of any matter subject to indemnification, and you agree to cooperate with Company.

19. Contract With the LLC Only; Covenant Not to Sue Members Individually

You acknowledge and agree that your contract is with Myworkingmemory LLC only, not with any individual member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate.

You acknowledge the Tennessee limited-liability-company liability shield reflected in Tenn. Code Ann. Section 48-249-114, including that members and other LLC actors are generally not personally liable for the LLC's debts, liabilities, or obligations solely by reason of that status.

To the fullest extent permitted by law, you covenant not to sue, name, demand recovery from, seek discovery from as a party, or seek personal liability against any member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate of Myworkingmemory LLC for any claim arising from or relating to the Services, Outputs, credits, purchases, these Terms, the Privacy Policy, or your use of the Services, except to the limited extent a non-waivable law permits a direct claim based on that person's own individual conduct.

This section is intended to protect the Company Parties, including the sole member of Myworkingmemory LLC, and survives termination.

20. Dispute Resolution

This section applies to all disputes, claims, actions, demands, controversies, or proceedings arising from or relating to the Services, Outputs, credits, purchases, these Terms, the Privacy Policy, communications, data, User Content, or any relationship between you and Company Parties.

20.1 Informal Resolution Required

Before starting arbitration or any court proceeding, you and Company must first send a written Notice of Dispute and participate in a 60-day informal negotiation period.

Your Notice of Dispute must be sent to dean@myworkingmemory.ai and must include your name, contact information, the App name, purchase platform, a description of the dispute, the relief requested, and enough information for Company to investigate.

Company's Notice of Dispute may be sent to the email address or mailing address associated with your purchase, subscription, support request, or other contact with Company.

No arbitration or lawsuit may be filed until the 60-day period ends, except for the small-claims and injunctive-relief exceptions below.

20.2 Binding Individual Arbitration

Except as expressly provided in this section, disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under the AAA Consumer Arbitration Rules, including the AAA Mass Arbitration Supplementary Rules where applicable.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be seated in Nashville, Davidson County, Tennessee. Where AAA rules permit, hearings may occur by videoconference, telephone, documents-only procedure, or another remote method.

20.3 Delegation

The arbitrator has exclusive authority to resolve threshold and gateway questions, including issues relating to the interpretation, applicability, formation, validity, scope, enforceability, unconscionability, waiver, capacity, authority, agency, minor or guardian assent, or arbitrability of this section and these Terms, except that a court may decide whether the class-action waiver or class/consolidated-arbitration waiver below is enforceable if required by law.

20.4 Class, Representative, Consolidated, Joinder, and Class-Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

THE ARBITRATOR MAY NOT CONDUCT CLASS ARBITRATION, COLLECTIVE ARBITRATION, CONSOLIDATED ARBITRATION, REPRESENTATIVE ARBITRATION, PRIVATE-ATTORNEY-GENERAL ARBITRATION, OR JOINT ARBITRATION, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON, EXCEPT TO THE LIMITED EXTENT THE MASS-ARBITRATION PROTOCOL BELOW EXPRESSLY ALLOWS ADMINISTRATIVE BATCHING WITHOUT CLASS, REPRESENTATIVE, OR CONSOLIDATED MERITS ADJUDICATION.

No arbitration award or decision will have preclusive effect for or against anyone who is not a party to that individual arbitration.

20.5 Mass-Arbitration Protocol

If 25 or more similar arbitration demands are filed against Company Parties by the same or coordinated counsel or entities, the AAA Mass Arbitration Supplementary Rules apply. A process arbitrator will decide administrative and procedural issues, including filing completeness, fee allocation as permitted by AAA rules, batching, sequencing, bellwether procedures, mediation timing, and other process-management issues.

Unless AAA rules require otherwise or the process arbitrator orders otherwise, similar claims may be batched for staged proceedings, bellwether merits determinations, global mediation, and efficient administration. Each claimant's claim remains an individual claim, and no class, consolidated, collective, representative, or joint merits arbitration is permitted.

20.6 Jury Trial Waiver

FOR ANY CLAIM THAT IS NOT ARBITRATED, YOU AND COMPANY PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20.7 Arbitration Opt-Out

You may opt out of this arbitration section by sending an email to dean@myworkingmemory.ai within 30 days after you first accept these Terms. The email must include your name, the App name, purchase platform, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not opt you out of any other part of these Terms, including the class-action waiver and jury-trial waiver to the extent enforceable outside arbitration.

20.8 Small Claims

Either party may bring an individual claim in small-claims court if the claim qualifies and remains in small-claims court. If a small-claims case is removed, appealed, transferred, or otherwise stops qualifying as a small-claims case, either party may require arbitration.

20.9 Company Injunctive and Equitable Relief

Company Parties may seek temporary, preliminary, or permanent injunctive or equitable relief in the state or federal courts located in Davidson County, Tennessee, for claims involving intellectual property, unauthorized access, cybersecurity, scraping, reverse engineering, acceptable-use violations, confidentiality, data misuse, fraud, credit abuse, provider abuse, or threats to App or gateway operations. This exception does not waive arbitration for damages or other claims.

20.10 Company Parties May Invoke and Are Bound

This section may be invoked by and against Company Parties, including members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates. You agree that those persons and entities are intended beneficiaries of this section and may enforce it.

20.11 Fees

For consumer arbitrations, Company will pay arbitration fees above the consumer filing fee to the extent required by the AAA Consumer Arbitration Rules and applicable law. The arbitrator may award fees, costs, and sanctions where authorized by law, AAA rules, or these Terms.

20.12 Confidentiality

The arbitration proceeding, filings, evidence, hearing, settlement communications, and award are confidential to the extent permitted by law, except that a party may disclose them to enforce or challenge an award, comply with law, obtain legal, accounting, or insurance advice, report to regulators where legally protected, or as otherwise required by law.

20.13 Severability and Class-Waiver Blow-Up

If any part of this section other than the class-action waiver or class/consolidated-arbitration waiver is found unenforceable, that part will be severed and the rest of this section will remain in effect.

If the class-action waiver or class/consolidated-arbitration waiver is found unenforceable as to any claim or request for relief, then this entire arbitration section is void as to that claim or request for relief, and that claim or request for relief must proceed individually in court, not in class arbitration.

Under no circumstances may a dispute proceed in class arbitration, representative arbitration, collective arbitration, consolidated arbitration, or private-attorney-general arbitration unless Company gives express written consent after the dispute arises.

21. Governing Law and Forum

Tennessee law governs these Terms and the Services, excluding conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration section.

For claims not subject to arbitration and not brought in small-claims court, the exclusive forum and venue are the state and federal courts located in Davidson County, Tennessee. You and Company Parties consent to personal jurisdiction there.

Nothing in this section waives or limits any non-waivable right under the Tennessee Consumer Protection Act or any other applicable consumer-protection law.

22. One-Year Limitation Period

To the maximum extent permitted by law, any claim arising from or relating to the Services, Outputs, credits, purchases, these Terms, or the Privacy Policy must be filed within one year after the claim arose. Claims filed after that period are permanently barred.

This limitation does not apply where a longer period is non-waivable by law.

23. Export, Sanctions, and Government Users

You must comply with U.S. export-control, sanctions, and denied-party laws. You represent that you are not prohibited from receiving the Services under U.S. law and will not use or export the Services or Outputs in violation of law.

The App is "commercial computer software" and "commercial computer software documentation" under applicable FAR and DFARS provisions. Government users receive only the rights granted to all other users under these Terms.

24. General Terms

These Terms and the Privacy Policy are the entire agreement between you and Company regarding the Services and supersede prior or contemporaneous understandings.

No waiver is effective unless in writing and signed by Company. Failure to enforce a provision is not a waiver.

If any provision is unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect, subject to the class-waiver blow-up clause in the Dispute Resolution section.

Company may assign or transfer these Terms and any rights or obligations to an affiliate, successor, acquirer, purchaser, contractor, service provider, or in connection with a merger, acquisition, restructuring, sale of assets, change of control, or operation of law. You may not assign or transfer these Terms or your App license without Company's written consent.

Headings are for convenience only. The rule that ambiguities are construed against the drafter does not apply. English controls over translations.

Sections that by their nature should survive will survive termination, including intellectual-property, User Content, feedback, acceptable use, AI/output risk, disclaimers, limitation of liability, indemnity, LLC/member protection, dispute resolution, governing law, claim deadline, and general provisions.

25. Contact

Myworkingmemory LLC

Nashville, Tennessee, United States

Email: dean@myworkingmemory.ai

Myworkingmemory LLC. For questions, email dean@myworkingmemory.ai.