Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") are a legally binding agreement between you and Appthalmology Inc. ("Appthalmology," "we," "us," or "our") governing your use of the ModLab mobile application (the "App").

By downloading, installing, accessing, or using the App, you agree to these Terms. If you do not agree, do not use the App.

The latest version of these Terms is intended to be published at: https://modlab.appthalmology.com/terms

2. Description of the Service

ModLab is an AI-powered car-visualization app that lets users:

• Upload car photos
• Enter prompts or modification instructions
• Generate edited car visuals
• Save generation history associated with their account
• Access premium generation features through paid plans

The App uses Kie for image generation, Clerk-backed account identity, Convex for backend/storage, PostHog for analytics, and RevenueCat plus Apple's App Store for iOS subscription handling.

3. Eligibility

You must be at least 13 years old, or the minimum age of digital consent where you live, to use the App. If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. Accounts and Access

Some features require an authenticated account and an active paid entitlement.

In the iOS launch flow:

• Account identity is managed through Clerk-backed authentication
• The paid/authenticated path is bridged through Sign in with Apple
• RevenueCat is used to align App Store purchases with your in-app entitlement

You are responsible for maintaining access to the identity-provider account you use with ModLab and for activities that occur under your account.

5. Your Content

You retain rights you have in the content you submit to ModLab, including car photos, prompts, and other materials you upload.

You grant Appthalmology a limited, non-exclusive, revocable license to host, store, reproduce, transmit, and process that content solely as needed to operate, secure, improve, support, and provide the App, including sending the content to our backend and third-party processors such as Kie to fulfill your generation request.

You represent and warrant that:

• You have the necessary rights to upload and use the content you submit
• Your content does not infringe third-party rights
• Your content and use of the App comply with applicable law

6. AI-Generated Results

ModLab generates outputs using third-party AI services. The active generation provider is Kie.

You understand and agree that:

• Generated images are synthetic approximations and may be inaccurate, incomplete, delayed, or inconsistent
• Outputs may not reflect real-world safety, engineering feasibility, legality, or final modification cost
• The App is for visualization purposes and is not professional automotive, engineering, mechanical, legal, or safety advice
• Generation requests may be limited, queued, retried, or fail due to provider constraints, rate limits, or service outages

7. Paid Plans, Billing, and Restores

ModLab may offer paid access tiers through the iOS App Store. The product catalog references weekly, yearly, and lifetime plan identifiers.

For the iOS launch:

• Apple handles the actual purchase transaction on iOS
• RevenueCat helps us initialize, verify, restore, and sync entitlements
• Recurring weekly and yearly plans, if offered, auto-renew unless canceled through your Apple subscription settings
• Lifetime access, if offered in the paywall, is presented as a one-time access purchase rather than a recurring renewal plan

Prices, trial availability, renewals, and billing disclosures shown in the App Store purchase sheet and paywall at the time of purchase control.

Deleting the App or deleting your ModLab account does not automatically cancel an App Store subscription. You must manage cancellation through Apple.

Refunds, billing disputes, and store-level purchase rights are handled subject to Apple's rules and policies.

8. Privacy

Your use of the App is also governed by the ModLab Privacy Policy. By using the App, you acknowledge that Appthalmology may collect, use, store, and share information as described there.

This includes:

• Clerk-backed identity data
• Uploaded car photos and prompts
• Kie image-generation processing
• PostHog analytics
• RevenueCat subscription status syncing

9. Acceptable Use

You must not:

• Upload content you do not have the right to use
• Use the App in a way that violates law, regulation, contract, or third-party rights
• Reverse engineer, copy, resell, scrape, or abuse the App or its services
• Attempt to bypass subscriptions, entitlements, rate limits, or security controls
• Upload malware, harmful code, or content intended to disrupt the App
• Use the App to create unlawful, abusive, harassing, infringing, or otherwise prohibited material

We may investigate misuse and suspend or terminate accounts that violate these Terms.

10. Third-Party Services

The App depends on third-party services, including Clerk, Convex, Kie, PostHog, RevenueCat, and Apple. We are not responsible for downtime, errors, policy changes, billing decisions, or other acts or omissions of those third parties.

Your use of third-party payment or identity services may also be governed by those providers' own terms and privacy policies.

11. Intellectual Property

The App itself, including its software, branding, design, and related materials, is owned by Appthalmology or its licensors and is protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, you receive no ownership or license rights in the App.

12. Termination and Deletion

You may stop using the App at any time.

The App includes an in-app deletion path at:

Settings > Data & Privacy

That screen includes actions to delete ModLab data and to delete the account. We may also suspend or terminate your access if we believe you violated these Terms, misused the service, or created legal, safety, security, or payment risk.

Termination or deletion does not necessarily remove records that Apple, RevenueCat, or other processors must retain under their own obligations.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE."

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT:

• THE APP WILL ALWAYS BE AVAILABLE, SECURE, OR ERROR-FREE
• GENERATED OUTPUTS WILL BE ACCURATE, SAFE, LAWFUL, OR FIT FOR A PARTICULAR PURPOSE
• PURCHASE, RESTORE, OR ENTITLEMENT SYNC FLOWS WILL SUCCEED WITHOUT INTERRUPTION

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPTHALMOLOGY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• The amount you paid to us through the App in the 12 months before the claim, or
• USD $100

15. Changes to the App or These Terms

We may modify, suspend, or discontinue any part of the App at any time.

We may also update these Terms from time to time. If we make material changes, we may update the in-app links, revise the "Last Updated" date, and take any additional notice steps required by law.

16. Apple App Store Terms

If you access the App through Apple's App Store, you acknowledge that:

• These Terms are between you and Appthalmology, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing claims relating to the App or your possession and use of it
• Apple is a third-party beneficiary of these Terms and may enforce them against you

17. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules.

Any dispute arising from or relating to these Terms or the App will be brought in the courts of Ontario, Canada, unless applicable law requires otherwise.

18. Contact

For questions about these Terms:

Email: modlab@appthalmology.com

Company: Appthalmology Inc.
Ontario, Canada