Terms of Use

Waratah AI

Effective date: October 5, 2026

These Terms of Use ("Terms") govern your use of the Waratah AI mobile application and related services ("Waratah AI" or the "Service"). By downloading, accessing, purchasing, or using Waratah AI, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Waratah AI provides artificial intelligence-powered image generation and photo editing features. Features may include text-to-image generation, photo editing, templates, reference-image editing, and other creative tools.

Waratah AI relies on third-party technology and services, including AI processing services. Features, models, availability, processing times, and results may change over time.

2. Eligibility and Accounts

You must be legally permitted to use the Service and enter into these Terms. Waratah AI is not directed toward children under 13.

Some features require an account. You are responsible for maintaining control of your account and for activity performed through it. You must not attempt to access another person's account or circumvent authentication, subscription, credit, security, or usage controls.

3. Your Content

You retain your rights in photos, prompts, reference images, and other content that you submit to Waratah AI ("User Content").

You grant Waratah AI the limited rights necessary to transmit, process, reproduce, and otherwise handle User Content for the purpose of providing, securing, maintaining, and supporting the Service. This includes sending content to service providers used to perform AI generation and editing.

You represent that you have the rights, permissions, and lawful basis necessary to submit and use your User Content. You are responsible for the content you upload and the instructions you provide.

4. AI-Generated Content

AI-generated and AI-edited content can be unpredictable. Waratah AI does not guarantee that a result will be accurate, realistic, unique, error-free, suitable for a particular purpose, or identical to what you requested.

Similar or identical prompts may produce different results, and other users may receive content that is similar to content generated for you. You are responsible for reviewing generated content before using, publishing, sharing, or relying on it.

Waratah AI does not guarantee that generated content is free from third-party intellectual property or other rights. You are responsible for ensuring that your use of generated content is lawful and appropriate.

5. Acceptable Use

You may not use Waratah AI to create, edit, upload, request, distribute, or facilitate content or activity that is unlawful, harmful, abusive, fraudulent, or that violates the rights of another person.

Prohibited uses include, without limitation:

Waratah AI may refuse or block requests that violate these Terms, applicable law, safety requirements, or the policies of services used to operate Waratah AI.

6. Subscriptions

Waratah AI offers auto-renewing subscription plans through Apple's In-App Purchase system. Available plans, prices, included credits, and billing periods are displayed in the app and App Store at the time of purchase.

Unless cancelled, subscriptions automatically renew in accordance with the terms shown by Apple at purchase. Payment is charged through your Apple Account. You can manage or cancel your subscription through your Apple Account subscription settings.

Cancellation prevents future renewal but does not ordinarily provide a refund or immediately terminate access for the remainder of an already-paid billing period.

7. AI Credits

Waratah AI uses credits for AI generation and editing. Unless otherwise stated in the app, one successful standard generation or edit uses one credit. Failed generations do not consume a user credit.

Credits included with a subscription reset at the beginning of each applicable billing period. Unused subscription credits do not roll over and have no cash value.

Waratah AI may also offer consumable purchases of additional credits. Purchased additional credits are maintained separately from subscription credits and, unless otherwise disclosed at purchase, do not expire. Subscription credits are used before purchased additional credits.

Credits are digital usage units for the Service. They are not currency, cannot be redeemed for cash, and may not be transferred, sold, or traded between users.

8. Purchases and Refunds

Subscriptions and additional credit purchases are processed through Apple's In-App Purchase system. Waratah AI does not directly process your payment-card information.

Prices may vary by country or region and may change for future purchases or subscription periods as permitted by Apple and applicable law.

Refund requests for purchases made through the App Store are handled by Apple and are subject to Apple's applicable terms and refund policies.

9. Availability and Changes

Waratah AI does not guarantee uninterrupted or error-free availability. The Service may occasionally be unavailable because of maintenance, network failures, third-party outages, AI provider availability, capacity limits, security concerns, or other technical issues.

We may add, remove, modify, suspend, or discontinue features when reasonably necessary to operate, improve, secure, or maintain the Service. Where required by applicable law, material changes affecting paid services will be handled in accordance with applicable consumer rights.

10. Account Suspension or Termination

Access to Waratah AI may be limited, suspended, or terminated if we reasonably believe you have violated these Terms, abused the Service, attempted to circumvent technical or payment controls, created security risks, or used the Service unlawfully.

You may stop using Waratah AI at any time. Deleting the app does not automatically cancel an App Store subscription. Subscriptions must be managed through Apple.

11. Privacy

Your use of Waratah AI is also subject to the Waratah AI Privacy Policy. AI requests may require photos, reference images, prompts, and related information to be transmitted to backend and third-party AI processing services. Please review the Privacy Policy for information about how data is handled.

12. Intellectual Property

Waratah AI, including its application software, branding, design, interface, graphics, and other materials supplied as part of the Service, is protected by applicable intellectual property laws. Except for rights expressly granted to you, all rights in the Service are reserved.

You may not copy, reverse engineer, reproduce, distribute, sell, sublicense, or exploit Waratah AI or its proprietary components except where permitted by applicable law.

13. Disclaimers

To the maximum extent permitted by law, Waratah AI is provided on an "as is" and "as available" basis. We do not guarantee that every AI request will succeed or that generated content will meet your expectations.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law, including rights that may apply under Australian consumer law.

14. Limitation of Liability

To the maximum extent permitted by applicable law, Waratah AI and its developer will not be liable for indirect, incidental, special, consequential, or similar losses arising from your use of or inability to use the Service, your reliance on AI-generated content, or unauthorized or unlawful use of generated content.

Any limitation in these Terms applies only to the extent permitted by law and does not limit rights or remedies that cannot legally be limited.

15. Third-Party Services

Waratah AI relies on third-party services for functions such as authentication, backend infrastructure, artificial intelligence processing, app distribution, subscriptions, and purchase management. Your use of certain features may also be subject to the applicable terms and policies of those providers. Waratah AI is not responsible for third-party services outside its reasonable control.

16. Changes to These Terms

These Terms may be updated from time to time to reflect changes to Waratah AI, its features, legal requirements, or third-party services. Updated Terms will be posted on this page with a revised effective date. Where required, additional notice or consent will be provided.

17. Contact

If you have questions about these Terms or Waratah AI, contact:

Email: dev.thomasclark@hotmail.com
App name: Waratah AI