Terms of Service
Last Updated: March 9, 2025
These Terms of Service ("Terms") govern your use of the Talos application and its AI-powered photography features ("Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Description of Service
The Service provides photography-related AI features, including: Instructor Conversation (AI-assisted feedback and insights about your photographs), Describe and Tag (automated generation of image descriptions and tags), and Metadata Validation (validation of image metadata). These features are powered by large language models, including Google Gemma (or models based on Gemma), hosted and served through our infrastructure. The Service requires a valid Apple App Store subscription to access AI features.
2. Eligibility and Subscription
You must be at least 13 years of age (or the minimum age in your jurisdiction) to use the Service. Access to AI features requires a valid, active subscription purchased through the Apple App Store. You are responsible for maintaining the confidentiality of your account and for all activity under your subscription. Subscription terms are governed by Apple's App Store terms and our in-app subscription policies.
3. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not: violate laws or regulations, generate harmful content (defamatory, obscene, harassing, hateful, violent, or promoting illegal activity), impersonate others, interfere with the Service (reverse engineer, decompile, disrupt, or overload), circumvent access controls, extract or misuse prompts, or use for non-photography purposes in a manner that abuses or overloads the Service. We reserve the right to suspend or terminate access for violations of these Terms.
4. User Content
You retain ownership of the images, photos, and other content you submit to the Service ("User Content"). By submitting User Content, you grant us a limited license to process it solely to provide the Service (e.g., to generate descriptions, tags, or feedback). You are solely responsible for your User Content. Do not submit content you do not have the right to use or that infringes others' rights. We do not expose our system prompts to you; do not attempt to obtain or store them.
5. AI Output Disclaimer
AI-generated descriptions, tags, feedback, and other outputs are provided "as is." They may be inaccurate, incomplete, or inappropriate. You should review and verify all AI output before relying on it for any purpose. The photography instructor feature is for educational and creative assistance only. It does not constitute professional advice.
6. Gemma and Third-Party AI Models
The Service uses AI models based on Google Gemma. Your use of the Service is subject to Google's Gemma Terms of Use (https://ai.google.dev/gemma/terms). You must comply with Google's Prohibited Use Policy and any other applicable Gemma terms. The restrictions in Google's Gemma Terms (including prohibited uses) apply to your use of this Service. You may not use the Service in any way that would violate those terms. Gemma is a product of Google. We do not claim ownership of the underlying model technology.
7. Intellectual Property
The Service, including its design, software, and documentation, is owned by us or our licensors. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted. Trademarks and logos used in the Service are the property of their respective owners.
8. Privacy
Your use of the Service is also governed by our Privacy Policy. We process User Content only as necessary to provide the Service and as described in our Privacy Policy.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities; in such jurisdictions, our liability will be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without cause or notice. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (including disclaimers, limitations of liability, and indemnification) will survive.
13. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.
14. General
These Terms, together with our Privacy Policy and any subscription terms, constitute the entire agreement between you and us regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision. These Terms are governed by the laws of the United States, without regard to conflict of law principles. For questions about these Terms, contact us at support@sigsegv.us.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.