Tattoo AI Terms of Use

These Terms of Use and End-User License Agreement (together, the “Agreement”) form a legally binding contract between you (the “User” or “you”) and Xeplin Yazılım Hizmetleri Anonim Şirketi (“Xeplin,” “we,” “our,” or “us”) governing your access to and use of the mobile application “Tattoo AI – Design & Try On” (the “App”) and all related features, content, and services (collectively, the “Services”).

1. About Us

• Legal name: Xeplin Yazılım Hizmetleri Anonim Şirketi
• Address: Fulya Mah. Büyükdere Cad. Torun Center D Blok No: 74D, İç Kapı No: 43, 34394 Şişli/İstanbul, Türkiye
• Trade Registry No: 1058219
• MERSIS No: 0839126685400001
• Tax Office / Tax No: Mecidiyeköy / 8391266854
• Contact: [email protected]

2. Eligibility and Parental Consent

By using the App, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may use the App only with the prior consent and supervision of a parent or legal guardian, who must accept this Agreement on your behalf.

The App is not directed to and is not intended for use by children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or legal guardian and believe your child has provided us with information, please contact us at [email protected] and we will take reasonable steps to delete such information.

3. License Grant

Subject to your continuous compliance with this Agreement, Xeplin grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a single copy of the App on an iOS device that you own or control, solely for your personal, non-commercial purposes. All rights not expressly granted to you are reserved by Xeplin.

You are solely responsible for any internet, mobile data, or carrier charges incurred in connection with your use of the App.

4. Restrictions

You agree that you will not, and will not permit any third party to:

• copy, modify, adapt, translate, or create derivative works of the App;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying ideas of the App, except to the extent such restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App;
• use any automated means (including bots, scrapers, or spiders) to access or interfere with the App;
• circumvent, disable, or otherwise interfere with security-related or technical limitation features of the App;
• use the App to violate any applicable law, regulation, or third-party right, including any privacy, publicity, or intellectual property right;
• upload or transmit through the App any virus, malware, or other malicious code;
• use the App to create or request content described in Section 6.2 (Prohibited Content), or try to get around our content checks or usage limits (for example, by creating many accounts or automating requests).

5. Updates and Changes to the App

We may release updates, patches, bug fixes, or new versions of the App from time to time. We may, but are not obligated to, add, modify, or remove features and functionalities at our sole discretion. Some updates may be required for the App to function correctly. You agree to receive such updates automatically, where applicable. We may also discontinue the App or any part of the Services at any time without prior notice. Continued use of the App after an update or change constitutes your acceptance of such update or change.

6. Your Content and AI-Generated Designs

The App lets you describe tattoo ideas, create tattoo designs with artificial intelligence (“AI”), place designs on photos of your skin or on the live camera image, create stencils and artist cards, and optionally create realistic try-on images. The ideas you type, the photos you use, and the images the App creates for you are together your “User Content”. How each kind of User Content is processed and where it is stored is explained in our Privacy Policy; in short, try-on photos stay on your device unless you choose Make it realistic, and design ideas are sent to our server and our AI image provider to create your designs.

You are solely responsible for your User Content, for how you use and share it, and for having the rights and permissions needed for any photo you use. Only use photos of yourself or of people who have given you permission. Designs and try-on images saved in the App are stored on your device, and you alone are responsible for backing them up; they may be lost if you delete the App or change devices.

6.1 Ownership and Use of Designs

As between you and Xeplin, and to the extent permitted by law, you may use the designs and images the App creates for you for any lawful purpose, including getting them tattooed and sharing them, and we do not claim ownership of them. To operate the service, you grant Xeplin a limited, worldwide, royalty-free license to host, store, process, and transmit your design ideas and the generated designs, solely to provide, secure, and improve the Services, to apply usage limits, and to review reports. We do not use your try-on photos to train AI models.

AI-generated designs may not be unique: similar ideas may produce similar designs for other users, and designs may resemble existing artwork. In some countries AI-generated images may not be protected by copyright. Do not request designs that copy logos, characters, trademarks, or other people’s artwork, and check that a design does not infringe third-party rights before you use it. Xeplin does not guarantee that any design is original, free of third-party rights, or suitable for registration as a trademark or copyright.

6.2 Prohibited Content

You may not use the App to create, request, or share content that: is sexually explicit or sexualizes minors; promotes hate, violence, or terrorism against people or groups; harasses, threatens, or defames anyone; depicts a real person without their consent or impersonates someone; infringes intellectual property or privacy rights; or is otherwise unlawful. We automatically check design ideas, photos you submit for Make it realistic, and generated images, and may refuse requests or withhold results. You can report any AI-generated image with the flag (Report) button on its screen, or by writing to us at [email protected]. We may remove content, limit features, or suspend access to the Services for users who break these rules.

6.3 Make it realistic

Make it realistic is available only to users who are 18 or older. By using it, you confirm that the photo shows you, or a person who has agreed to it, and that the person is 18 or older. Realistic images are AI-generated previews and may differ from how a real tattoo would look on your skin.

6.4 Usage Limits

Creating designs and realistic images uses paid AI services. Free and subscribed users therefore have usage limits (for example, a number of designs per day or per month and a number of realistic images per month), which are shown in the App and may change over time. Limits are reset on the schedule shown in the App and unused amounts do not carry over. A subscription does not mean unlimited use.

6.5 Not Tattoo, Medical, or Professional Advice

The App is a design and visualization tool. Try-on previews, stencils, sizes, and realistic images are approximations and do not show exactly how a tattoo will look, heal, or age on your skin. Placement and pain guides are general information based on what tattoo artists commonly report, not measured or medical data, and individual experience varies. The App does not provide medical advice. Decisions about getting a tattoo, its design, placement, and aftercare should be made with a qualified, licensed tattoo artist and, where appropriate, a medical professional. Tattoos are permanent: you are solely responsible for the decision to get one.

7. Intellectual Property

The App, including all software, source code, design, graphics, user interface, text, logos, trademarks, trade dress, audio, video, and all other content and materials made available through the App (excluding User Content), and all intellectual property rights therein, are and shall remain the exclusive property of Xeplin and its licensors. The App is protected by Turkish and international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties, including without limitation the Law on Intellectual and Artistic Works No. 5846 of the Republic of Türkiye.

Nothing in this Agreement transfers to you any ownership of or rights in any intellectual property of Xeplin, except for the limited license expressly granted under Section 3. You shall not use any of Xeplin’s trademarks, logos, or trade names without our prior written consent.

7.1 Third-Party Names and Trademarks

Third-party names, brands, and trademarks that may appear in the App belong to their respective owners and are used for descriptive purposes only. Their use does not imply any affiliation with or endorsement by those owners.

7.2 Copyright and Other Intellectual Property Complaints

We respect the intellectual property rights of others. If you believe that any content in the App or on our website infringes your copyright, trademark, or other rights, please send a notice to [email protected] that includes: (a) your name and contact details; (b) identification of the work or right you claim is infringed; (c) identification of the content concerned and where it appears; (d) a statement that you have a good-faith belief that the use is not authorized by the rights holder or by law; and (e) a statement that the information in your notice is accurate and that you are the rights holder or are authorized to act on the rights holder’s behalf. We will review complete notices and, where appropriate, may remove or modify the content concerned. Providing this procedure, and reviewing or acting on a notice, is not an admission of infringement or of any liability. This is your sole remedy against Xeplin for such content, to the maximum extent permitted by applicable law.

8. Feedback

If you submit any suggestions, ideas, feedback, comments, or proposals to us regarding the App (collectively, “Feedback”), you hereby grant Xeplin a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, modify, reproduce, distribute, and exploit such Feedback for any purpose, without compensation or attribution to you.

9. Subscriptions, Payments and Auto-Renewal

The App is free to download. Certain features and content are available only to subscribers (“Premium Features”). Subscriptions are offered through Apple’s App Store on the following basis:

• Yearly subscription with a 3-day free trial for eligible new subscribers; and
• Weekly subscription, without a free trial.

Pricing is displayed in the App and on the App Store prior to purchase and may vary by country, currency, and applicable taxes. Prices are subject to change; any price change will be communicated through the App Store in accordance with Apple’s policies.

We may change at any time which features are available for free and which are Premium Features. Features available without a subscription are not guaranteed to remain free.

9.1 Apple as Payment Processor

All payments, billing, refunds, and transaction processing are handled exclusively by Apple Inc. through the App Store, pursuant to the terms governing your Apple ID. Xeplin does not receive, store, or process your payment card or bank account information.

9.2 Auto-Renewal

Subscriptions automatically renew at the end of each billing period at the then-current price, unless you cancel auto-renewal at least 24 hours before the end of the current period. Payment will be charged to your Apple ID at confirmation of purchase and upon each renewal. You can manage and cancel your subscription at any time by going to your Apple ID account settings on your iOS device.

9.3 Free Trial

If you start the yearly subscription with a 3-day free trial, your subscription will automatically convert into a paid yearly subscription at the end of the trial period unless you cancel at least 24 hours before the trial ends. Free trials are available only to eligible new subscribers as determined by Apple and may not be available in all regions.

You can cancel at any time in your Apple ID subscription settings. The App does not send a reminder before the trial ends, so please note the end date shown at purchase.

9.4 Refunds

All refund requests must be submitted to Apple. Xeplin does not have the ability to issue refunds directly. You may request a refund through the App Store or by visiting reportaproblem.apple.com, subject to Apple’s refund policies.

9.5 EU Right of Withdrawal Waiver

If you are a consumer residing in the European Union, the European Economic Area, or the United Kingdom, you would ordinarily have the right to withdraw from a distance contract within 14 days. By purchasing or starting a subscription (including a free trial) and by accessing the Premium Features immediately, you expressly request that performance of the contract begin during the withdrawal period and you acknowledge that you waive your right of withdrawal in accordance with applicable law once digital content delivery has commenced.

9.6 Other Offers

From time to time, we may make promotional offers available. Where offered, their terms are shown at the time of purchase or redemption.

10. Third-Party Services

The App uses or interacts with services provided by third parties, including but not limited to Apple (App Store and in-app purchase), AI image generation and content moderation providers, analytics providers, attribution providers, crash reporting providers, and subscription management providers. Your use of such third-party services is subject to those third parties’ own terms of service and privacy policies, and Xeplin is not responsible for the acts or omissions of third parties. For details on the third-party services integrated into the App, please review our Privacy Policy.

11. Privacy

Your privacy is important to us. Our collection, use, and disclosure of information in connection with the App is described in our Privacy Policy, which is incorporated into this Agreement by reference.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. XEPLIN, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, Xeplin does not warrant that: (a) the App will meet your requirements or expectations; (b) the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; (c) any results or output obtained through the App (including any design, try-on preview, realistic image, stencil, size, guide or other output) will be accurate, complete, or reliable; or (d) any defects or errors will be corrected.

You assume the entire risk of using the App. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XEPLIN, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT XEPLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, XEPLIN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO XEPLIN THROUGH THE APP STORE FOR THE APP DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIVE U.S. DOLLARS (USD 5.00).

The limitations in this Section 13 apply even if any limited remedy fails of its essential purpose. Nothing in this Agreement excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or willful misconduct.

14. Indemnification

You agree to defend, indemnify, and hold harmless Xeplin and its affiliates and its and their respective officers, directors, employees, agents, licensors, and service providers (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the App; (b) your User Content; (c) your violation of this Agreement; (d) your violation of any applicable law or any right of any third party; or (e) any dispute between you and any third party. Xeplin reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Xeplin in asserting any available defenses.

15. Term and Termination

This Agreement becomes effective when you first install or use the App and remains in effect until terminated. You may terminate this Agreement at any time by uninstalling the App and ceasing all use of the Services. We may suspend or terminate your access to the App at any time, with or without notice, if we believe you have breached this Agreement, if required by law, or for any other reason at our sole discretion. Upon termination, all rights granted to you under this Agreement will immediately cease, and you must stop all use of the App and delete all copies in your possession. Sections that by their nature should survive termination (including, without limitation, intellectual property, disclaimers, limitations of liability, indemnification, and governing law) shall survive.

16. Force Majeure

Xeplin shall not be liable for any failure or delay in performance of its obligations under this Agreement resulting from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, war, terrorism, riots, civil unrest, government action, epidemics or pandemics, labor disputes, power or internet failures, telecommunications interruptions, or failures of third-party services or infrastructure.

17. Apple-Specific Terms

You acknowledge and agree that this Agreement is concluded between you and Xeplin only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

18. Changes to this Agreement

We may modify this Agreement from time to time. If we make material changes, we will notify you by posting the updated Agreement at xeplin.ai/apps/tattoo-ai/terms-of-use and updating the “Effective date” above, and, where appropriate, by in-app notice. Your continued use of the App after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the App.

19. Governing Law and Jurisdiction

This Agreement and any dispute arising out of or in connection with it (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Republic of Türkiye, without regard to its conflict-of-laws principles. The Istanbul Courts and Enforcement Offices (İstanbul Mahkemeleri ve İcra Daireleri) shall have exclusive jurisdiction. Nothing in this section limits any mandatory consumer rights you may have under the laws of your country of residence.

19.1 Informal Resolution First

Before bringing any formal claim, you agree to first contact us at [email protected] with a written description of your claim and the relief you seek, and to try in good faith to resolve the matter with us informally for at least thirty (30) days.

19.2 No Class or Representative Actions

To the maximum extent permitted by applicable law, you and Xeplin agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

19.3 Time Limit for Claims

To the maximum extent permitted by applicable law, any claim arising out of or relating to this Agreement or the App must be brought within one (1) year after the claim arose; otherwise, the claim is permanently barred.

20. Severability and Entire Agreement

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if not capable of such modification, shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Xeplin with respect to the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Xeplin. No waiver of any provision shall be deemed a continuing waiver of such provision or any other provision.

21. Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice or consent.

22. Language

This Agreement is drafted in English. Any translation provided for convenience does not constitute a binding version, and in the event of any discrepancy, the English version prevails to the maximum extent permitted by applicable law.

23. Contact

If you have any questions, complaints, or requests regarding this Agreement, please contact us at:

• Email: [email protected]
• Postal address: Xeplin Yazılım Hizmetleri Anonim Şirketi, Fulya Mah. Büyükdere Cad. Torun Center D Blok No: 74D, İç Kapı No: 43, 34394 Şişli/İstanbul, Türkiye