Policy
Privacy policy
Knowledge Base with helpful video tutorials ⏩ Learn something new for yourself ✅ Get an answer to your question
Privacy policy
This Policy for the processing of personal data
(hereinafter — the “Policy”) defines the general principles and procedure for the processing of
personal data and measures to ensure their security in the ApiWay service. ApiWay, Inc. is
incorporated in the State of Delaware, USA and provides services to users worldwide, including
in the EEA/UK and California. For purposes of EU/UK data protection law, ApiWay, Inc. generally
acts as a data controller for Account data and as a data processor for Integration Content
handled on behalf of Customers.
Use of Google Workspace APIs
Our application does not use Google Workspace APIs to develop, improve, or train generalized artificial intelligence (AI) and/or machine learning (ML) models. We are committed to protecting user data and ensuring that it is only used for the specific purposes outlined in this Privacy Policy. We adhere to all applicable Google Workspace API policies and guidelines to maintain the highest standards of data privacy and security.
Use of AI Services
We may use one or more third-party artificial intelligence providers, including Google and other equivalent, substitute, or successor providers, to power certain features such as image generation, virtual try-ons, content transformations, text generation, and related functionality. When you submit prompts, images, references, instructions, or other content (“AI Inputs”), we may transmit those AI Inputs to such providers solely to provide the requested feature and return the resulting output (“AI Output”). Where available, we configure vendor settings intended to restrict use of customer data for model training and we contractually require vendors to process such data only for the purpose of providing services to us. ApiWay acts solely as an intermediary technology provider that enables access to such AI functionality.
Do not include special categories of personal data or other sensitive information in AI Inputs unless strictly necessary and legally permitted. Do not upload, submit, reference, or use any content unless you have all rights, licenses, permissions, and lawful bases necessary to do so. AI Output may be inaccurate, incomplete, misleading, offensive, unavailable for your intended use, or may resemble or be similar to existing third-party content. ApiWay does not review or guarantee that any AI Input or AI Output is lawful, non-infringing, unique, original, accurate, fit for purpose, or available for commercial use. You are solely responsible for validating AI Output and for ensuring that your AI Inputs and use of AI Output comply with applicable law and do not infringe any third-party rights.
1. Terms and definitions
1.1. Account — the User’s account identified by the data specified during registration. Account data may include name, email, billing details, and service settings.
1.2. Account registration — the User’s action signaling the intention to conclude a License Agreement (Terms of Use), expressed by clicking “Register” or using other authentication methods.
1.3. Personal data subject — an individual to whom Personal data relates.
1.4. Website (Site) — a set of integrated software and hardware as well as information published on the Internet and displayed in text, graphic or sound form.
1.5. License — a non‑exclusive right to use the Program to the extent established by the ApiWay service.
1.6. Personal Account — the User account identified by the User’s email address.
1.7. Control Panel — the User interface that allows the User to change settings and perform available actions in the Program.
1.8. Software extensions — additional functionality offered to the User at ApiWay’s discretion.
1.9. ApiWay Server (Server) — a hardware and cloud infrastructure providing sufficient performance for the Program.
1.10. Email — for ApiWay: [email protected]; for the User: the address provided when registering the Account.
1.11. Integration Content — data that Users transmit through the Service between third‑party systems (e.g., CRM, messengers, storage) for the purpose of integration/automation. Unless otherwise stated below, Integration Content is processed transit‑only and not stored by ApiWay beyond what is necessary to complete transmission, ensure delivery, provide logs, secure the Service, or comply with law.
1.12. AI Inputs / AI Output — content you submit to or receive from AI features as defined above.
2. General Terms
2.1. This Policy defines the procedure for working with Users’ Personal Data and other data used through the Service (including Integration Content).
2.2. Measures to ensure the security of Personal Data are an integral part of ApiWay’s activities.
2.3. Contractual relations between ApiWay and the User are governed by the License Agreement/Terms of Use.
2.4. Transit nature of processing. For integrations, ApiWay’s role is to receive and transmit data between systems selected by the User. ApiWay does not use Integration Content for its own purposes and does not retain Integration Content longer than necessary for transmission, delivery verification, troubleshooting, billing, security, or legal compliance.
3. Personal Data Processing Principles
3.1.1. Lawfulness, fairness, and transparency. ApiWay processes Personal Data only where permitted by applicable law.
3.1.2. Data minimization. We collect only the minimum data necessary to provide and secure the Service.
3.1.3. Purpose limitation. We process Personal Data solely to fulfill contractual obligations to the User and to operate, secure, and improve the Service.
3.1.4. Accuracy. We take reasonable steps to keep Personal Data accurate and up to date.
3.1.5. Storage limitation. We keep Personal Data no longer than necessary for the purposes described in this Policy, unless a longer period is required by law.
3.1.6. Integrity and confidentiality. We use appropriate technical and organizational measures to protect Personal Data.
4. Personal Data Processing Terms
4.1.1. With the User’s consent where required.
4.1.2. As necessary to perform a contract with the User (provide the Service).
4.1.3. To comply with legal obligations.
4.1.4. For ApiWay’s legitimate interests (e.g., security, fraud prevention, service analytics) provided such interests are not overridden by Users’ rights.
4.2. ApiWay does not disclose to third parties the Personal Data or Integration Content except as described in this Policy or required by law.
4.3. ApiWay does not intentionally process special categories of Personal Data unless the User submits such data as part of Integration Content or AI Inputs. Users should avoid including sensitive data unless strictly necessary.
5. Collection and Processing of Personal Data and other Data
5.1. Categories of data.
5.1.1. Account Data — email, name, organization, password hashes, subscription and billing details (if applicable).
5.1.2. Integration Content — data relayed between systems you connect. Processed on a transit/ephemeral basis as described in §2.4 and §7 (Retention).
5.1.3. AI Inputs and AI Output — prompts, references, and generated results used solely to provide AI features, and retained only as needed for delivery, abuse prevention, troubleshooting, and legal compliance.
5.1.4. Technical Logs & Diagnostics — IP address, timestamps, request/response metadata, error traces, device and browser information, limited usage analytics.
5.1.5. Support Data — content you provide to support channels for troubleshooting.
5.2. Purposes of processing.
5.2.1. Provide, operate, and improve the Service and integrations.
5.2.2. Authenticate Users and manage accounts and subscriptions.
5.2.3. Ensure security, prevent abuse, and investigate incidents.
5.2.4. Provide support and communicate about Service updates.
5.2.5. Comply with legal obligations and enforce agreements.
5.3. ApiWay uses Personal Data in accordance with applicable law and this Policy.
5.4. Confidentiality is maintained for Personal Data and other User Data except where the data is publicly available or provided by the User for public display.
6. Security and Availability
6.1. ApiWay applies appropriate technical and organizational measures (including encryption in transit, access controls, and segregation of duties) to protect Personal Data and Integration Content.
6.2. No system can be guaranteed to be 100% secure or error‑free, and outages or incidents may occur. ApiWay does not warrant uninterrupted or error‑free operation of the Service. In the event of a Personal Data breach, ApiWay will notify affected Users as required by applicable law and will take reasonable steps to mitigate harm.
7. Retention
7.1. Account Data is retained for the duration of the account and as required for compliance, dispute resolution, and enforcement (typically up to 3 years after closure unless a longer period is legally required).
7.2. Integration Content is retained only transiently to complete transmission and for short‑term delivery verification and troubleshooting. Diagnostic logs related to Integration Content are typically retained for up to 30–90 days unless legal obligations require longer retention.
7.3. AI Inputs and AI Output are retained only as needed to deliver the feature, ensure quality and safety, prevent abuse, and comply with law; where feasible, these are stored ephemerally.
8. International Data Transfers
8.1. ApiWay is based in the United States and may process data in the United States and other countries. Where required, we rely on appropriate safeguards for cross‑border transfers, such as the EU Commission’s Standard Contractual Clauses (SCCs) and their UK addendum/IDTA.
8.2. We may use subprocessors (including cloud and AI providers) subject to data protection obligations consistent with this Policy. A current list of categories of subprocessors is available upon request.
9. Your Rights
9.1. Subject to applicable law, you may have rights to access, rectify, erase, restrict, port, or object to processing of your Personal Data. You may also withdraw consent at any time where processing is based on consent.
9.2. EEA/UK residents may lodge a complaint with a supervisory authority. California residents may exercise CPRA rights (access, deletion, correction, portability, opt‑out of sharing). ApiWay does not “sell” or “share” Personal Information as defined by CPRA and does not use sensitive Personal Information for inferring characteristics.
9.3 Meta (Facebook/Instagram) Data Deletion. If you connected a Meta account (Facebook/Instagram) to Apiway, you may request deletion of data associated with that connection by emailing [email protected]. We also honor deletion requests received from Meta via our data deletion callback and will delete or anonymize data associated with the app-scoped user ID.
10. Third‑Party Personal Information Used by Users
10.1. When using the Service, Users may transmit third‑party data as Integration Content or AI Inputs.
10.2. The User is responsible for ensuring a lawful basis and, where required, prior consent for processing third‑party data in the Service.
10.3. The User (including legal‑entity representatives) is responsible for claims from data subjects regarding data the User submitted to the Service.
10.4. ApiWay implements appropriate measures to safeguard third‑party data processed through the Service as described in this Policy.
11. Other Provisions
11.1. Governing law for this Policy is the law of the State of Delaware, USA, without prejudice to mandatory protections afforded to individuals under the laws of their habitual residence (e.g., GDPR).
11.2. Disputes shall be resolved in accordance with applicable law. Before going to court, the User should send ApiWay a written complaint. The claim response period is 30 (thirty) business days.
11.3. If any provision of the Policy is held invalid, the remaining provisions remain in effect.
11.4. ApiWay may modify this Policy unilaterally. All changes take effect the day after posting on the Site. The User undertakes to monitor changes by reviewing the current edition.
11.5. Contact. ApiWay, Inc., Delaware, USA. Email: [email protected].
12. AI Transparency and User Responsibilities
12.1. AI Output is generated automatically and may contain errors, inaccuracies, omissions, distortions, misleading elements, or content that does not meet your expectations. AI Output must not be relied upon as fact, legal advice, medical advice, professional advice, or as the sole basis for business, commercial, design, advertising, or compliance decisions.
12.2. ApiWay acts solely as an intermediary technology provider that enables the submission of AI Inputs to third-party AI providers and the return of AI Output to the User. ApiWay does not create, select, verify, endorse, monitor, pre-screen, or approve AI Inputs or AI Output for legality, accuracy, originality, non-infringement, merchantability, fitness for a particular purpose, or suitability for any specific use.
12.3. You are solely responsible for all AI Inputs you upload, submit, reference, process, transform, generate, modify, publish, distribute, store, sell, license, or otherwise use through the Service, and for all use of any AI Output. You must ensure that you have all necessary rights, licenses, permissions, consents, and lawful bases for such use.
12.4. You must not upload, submit, reference, or use through the Service any content that is protected by copyright, trademark, trade dress, patent, design right, database right, publicity right, privacy right, confidentiality obligation, or any other third-party right unless you have obtained all rights and permissions necessary for such use. Use of the Service does not grant you any right, title, license, authorization, or permission in or to any third-party content.
12.5. AI Output may resemble, reference, derive stylistically from, or be similar to existing works, names, characters, brands, designs, images, voices, likenesses, or other third-party materials. ApiWay makes no representation or warranty that any AI Output is non-infringing, unique, original, exclusive, protectable, or available for commercial exploitation. Any determination of clearance, infringement risk, fair use, licensing sufficiency, or legal availability is solely your responsibility.
12.6. Any complaints, notices, takedown demands, claims, disputes, investigations, enforcement actions, or proceedings arising out of or relating to your AI Inputs, AI Output, or your use of the Service, including any allegation of copyright infringement, trademark infringement, passing off, unfair competition, violation of publicity or privacy rights, defamation, unlawful imitation, or misappropriation, are solely your responsibility. ApiWay shall not be responsible or liable for such matters.
12.7. As between you and ApiWay, and subject to applicable law, third-party rights, and the terms of any relevant third-party providers, you retain whatever rights you may have in your AI Inputs and bear full responsibility for your use of any AI Output. ApiWay does not claim ownership of your AI Inputs or AI Output except for the limited rights necessary to host, process, transmit, secure, troubleshoot, improve service reliability, prevent abuse, comply with law, and provide the Service in accordance with this Policy and the Terms of Use.
12.8. ApiWay may use, replace, or combine different third-party AI, cloud, moderation, hosting, storage, analytics, and infrastructure providers from time to time at its sole discretion in order to provide the Service. References in this Policy to any particular provider are illustrative only and do not limit ApiWay’s ability to use equivalent or replacement providers.
12.9. You must independently review and verify AI Output before relying on it or publishing, distributing, displaying, performing, commercializing, or otherwise using it. This includes checking factual accuracy, suitability, quality, dimensions, safety, legality, and clearance of third-party rights.
12.10. AI processing may consume credits, paid usage allowances, or other billable capacity at the time a request is submitted for processing, regardless of whether the AI Output is satisfactory, accurate, aesthetically pleasing, commercially useful, legally available, or otherwise meets your expectations. Unless otherwise required by applicable law or expressly approved by ApiWay in the event of a verified technical failure of the Service, such usage is final and non-refundable.
13. Creator Marketplace and Styled Photo Set
13.1. Definitions specific to the Creator Marketplace.
13.1.1. Creator — a User who publishes a Reference Photo Set to the Creator Marketplace for use by other Users in AI-generation templates, including (without limitation) the "Styled Photo Set" template.
13.1.2. Co-Creator — (i) any additional individual or entity that contributed to a Reference Photo Set and is designated by the Creator (or by ApiWay under applicable marketplace rules) as entitled to share in the credit allocation generated by use of that set, and/or (ii) any referrer creator entitled to a revenue or credit share under any referral, affiliate, or partnership program ApiWay operates from time to time. References in this Section to "Creator" include any applicable Co-Creators.
13.1.3. Buyer — a User who selects a Reference Photo Set in an AI-generation template and submits a generation request that is processed by the Service.
13.1.4. Reference Photo Set — one or more photographs uploaded and published by a Creator that are used by the Service as input references for AI generation.
13.1.5. Marketplace Listing — the published representation of a Reference Photo Set in the Creator Marketplace, including price, metadata, preview images, and availability state.
13.1.6. Generated Output — the AI Output (as defined in §1.12 and §12) produced by the Service when a Buyer's generation request is processed in whole or in part on the basis of a Reference Photo Set.
13.1.7. Paid Generation — a generation request for which both (a) the applicable credits, fees, or other paid usage allowance have been debited from the Buyer's account; and (b) the corresponding credit allocation has been recorded by ApiWay in favor of the Creator and any applicable Co-Creators in accordance with ApiWay's then-current marketplace rules.
13.2. Creator representations and ongoing obligations. By publishing or maintaining a Reference Photo Set or a Marketplace Listing, the Creator represents, warrants, and continuously confirms that:
13.2.1. the Creator owns, or has secured, all rights, licenses, consents, model releases, location releases, trademark and trade-dress clearances, and any other permissions necessary for (a) the Reference Photo Set itself; (b) every identifiable individual depicted in it; and (c) every brand, logo, product, artwork, location, or other third-party element shown in it;
13.2.2. such rights and permissions are sufficient to permit ApiWay, the Service, and any Buyer to host, transmit, process, transform, derive AI Output from, sublicense to third-party AI and infrastructure providers, and commercially exploit the Reference Photo Set and the resulting Generated Output as described in this Policy and the Terms of Use, including unrestricted worldwide commercial use by Buyers under §13.3;
13.2.3. the Reference Photo Set does not infringe, misappropriate, or violate any copyright, trademark, trade dress, patent, design right, database right, publicity right, privacy right, confidentiality obligation, contractual restriction, or any other third-party right, and does not contain unlawful, deceptive, defamatory, or otherwise prohibited content;
13.2.4. as between the Creator and ApiWay, the Creator retains ownership of the underlying Reference Photo Set, subject to the operating licenses granted to ApiWay and to Buyers under this Policy and the Terms of Use; and
13.2.5. ApiWay is not the rights-holder, owner, agent, broker, licensor, dealer, escrow, fiduciary, or joint author of any Reference Photo Set or Generated Output and assumes no editorial, curatorial, verification, or approval role with respect to any submitted content.
13.3. Buyer's commercial license to Generated Output. Upon completion of a Paid Generation (as defined in §13.1.7), and subject to the Buyer's continuing compliance with the Terms of Use and this Policy, the Creator (on the Creator's own behalf and on behalf of any applicable Co-Creators) hereby grants the Buyer a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, reproduce, display, perform, distribute, modify, adapt, transmit, store, sublicense (as reasonably required for ordinary use, including third-party hosting, advertising platforms, marketplaces, agencies, and contractors acting on the Buyer's behalf), and otherwise commercially exploit the resulting Generated Output, including for advertising, marketing, social media, e-commerce, print, and any other commercial or non-commercial purpose. This license does not extend to the underlying Reference Photo Set itself or to any other Generated Output not produced from the Buyer's own Paid Generation; the Buyer obtains no ownership, exclusivity, or trademarkable interest in the Generated Output as against third parties merely by paying for a generation, and other Buyers may receive separate parallel licenses to their own Generated Outputs derived from the same Reference Photo Set. ApiWay is not a party to this license between the Creator and the Buyer; ApiWay facilitates the grant as a technology platform only.
13.3.1. Refunds and reversals. If a Paid Generation is subsequently fully refunded, charged back, voided, fraudulently obtained, or otherwise reversed for any reason, ApiWay and the Creator may, at their sole discretion and without liability or compensation, terminate the license granted under §13.3 with respect to the Generated Output of that reversed Paid Generation, in which case the Buyer shall promptly cease all use of, delete all copies of, and destroy all derivative works incorporating that Generated Output.
13.4. Withdrawal of a Marketplace Listing; no retroactive revocation. A Creator may at any time, in the Creator's sole discretion and without notice to ApiWay or to any Buyer, withdraw, hide, unpublish, or otherwise deactivate a Marketplace Listing through the Service. Withdrawal prevents new Buyers from initiating new Paid Generations on the basis of that Reference Photo Set with effect from the time the Service records the withdrawal. Withdrawal does not, and cannot, revoke, terminate, reduce, narrow, or otherwise affect any commercial license already granted under §13.3 to any Buyer whose Paid Generation completed prior to the withdrawal taking effect. Each such Buyer retains the full commercial license to the Generated Output produced from that prior Paid Generation, with no retroactive effect arising from (a) the Creator's withdrawal of the Marketplace Listing; (b) deletion, hiding, or repricing of the listing; (c) suspension, deletion, or termination of the Creator's account; (d) termination or modification of this Policy or the Terms of Use; or (e) any subsequent dispute between Creator and Buyer or between either of them and any third party. For operational, audit, compliance, abuse-prevention, billing, and dispute-resolution purposes, and to give continuing effect to licenses already granted under §13.3, ApiWay may retain the underlying Reference Photo Set in its storage after withdrawal, subject to the retention principles in §7.
13.4.1. Mandatory-law carve-out. Notwithstanding §13.4, where ApiWay, a Creator, or any Third-Party Provider is required by mandatory applicable law to delete, anonymize, restrict, rectify, or otherwise modify a Reference Photo Set or any Generated Output — including (without limitation) under Article 17 of the EU/UK General Data Protection Regulation, the California Consumer Privacy Act/CPRA, the right of publicity of any individual whose likeness appears in the content, a court order, a regulatory direction, or any equivalent statutory or judicial obligation — ApiWay may take whatever action is necessary or appropriate to comply with that obligation, including by removing, redacting, or making unavailable the affected Reference Photo Set or Generated Output. Any resulting impairment of, or interference with, a Buyer's license to Generated Output (a) is the sole responsibility of the Creator or of the rights-holder whose statutory or judicial demand triggered the action, (b) does not constitute a breach by ApiWay of this Policy or of the Terms of Use, and (c) is not actionable against any ApiWay Party. ApiWay will use commercially reasonable efforts, where lawful and practicable, to notify the affected Buyer.
13.5. ApiWay's status; no liability for third-party theft, copying, or misuse. ApiWay is and remains a technology platform that facilitates the upload, publication, discovery, AI processing, and delivery of Reference Photo Sets and Generated Output. ApiWay is not the rights-holder, agent, broker, dealer, escrow, fiduciary, or party to any commercial dealing between Creators and Buyers in relation to Reference Photo Sets or Generated Output, and does not act as a seller, merchant of record, or licensor of the Reference Photo Set on the Creator's behalf except as a technical conduit for the license grant in §13.3. ApiWay does not curate, review, verify, endorse, monitor, pre-screen, or approve Reference Photo Sets, Marketplace Listings, or Generated Output for legality, accuracy, originality, non-infringement, fitness for purpose, suitability for commercial use, or any other quality. ApiWay does not police, monitor, or guarantee against, and shall not be responsible or liable for, any unauthorized copying, scraping, downloading, republication, derivative use, misappropriation, infringement, passing off, theft, leak, breach of contract, fraudulent attribution, or other misuse of any Reference Photo Set, Marketplace Listing, or Generated Output by any Buyer, User, third party, or unrelated person, whether such misuse occurs on the Service, on third-party platforms, or offline. As between the Creator and ApiWay, ownership of and primary responsibility for protecting any Reference Photo Set against such misuse rests with the Creator. As between the Buyer and ApiWay, ownership of and primary responsibility for enforcing any license granted under §13.3 against such misuse rests with the Buyer. Any enforcement, take-down, litigation, or other action is undertaken at the respective party's own cost and risk.
13.6. AI disclaimers continue to apply. Sections 5.1.3, 12, and any other provisions of this Policy and the Terms of Use that disclaim warranties, allocate responsibility, and limit liability for AI Inputs and AI Output apply with full force to Reference Photo Sets and Generated Output, including (without limitation) the disclaimers regarding accuracy, originality, infringement risk, suitability, the non-refundable nature of consumed credits, and the User's sole responsibility for independently verifying any output before commercial use.
13.7. Indemnification. To the maximum extent permitted by applicable law:
13.7.1. each Creator shall defend, indemnify, and hold harmless ApiWay, its affiliates, and their respective officers, directors, employees, agents, contractors, and service providers (collectively, the "ApiWay Parties") from and against any and all third-party claims, demands, investigations, regulatory inquiries, proceedings, losses, liabilities, damages, fines, penalties, settlements, awards, costs, and expenses (including reasonable attorneys' fees and other legal costs) arising out of or relating to (a) any Reference Photo Set or Marketplace Listing submitted, published, withdrawn, or maintained by the Creator; (b) any breach of the Creator's representations or obligations in §13.2; or (c) any allegation that any of the foregoing infringes, misappropriates, or violates any third-party right or applicable law;
13.7.2. each Buyer shall defend, indemnify, and hold harmless the ApiWay Parties from and against any and all third-party claims, demands, investigations, regulatory inquiries, proceedings, losses, liabilities, damages, fines, penalties, settlements, awards, costs, and expenses (including reasonable attorneys' fees and other legal costs) arising out of or relating to the Buyer's use, distribution, sublicensing, modification, or commercial exploitation of any Generated Output, including any allegation that such use infringes or violates any third-party right, breaches any contract, or otherwise causes harm; and
13.7.3. neither the Creator's nor the Buyer's indemnification obligation is limited to the amount paid by, or owed to, that party under the Service.
13.8. Limitation of liability for Creator Marketplace matters. To the maximum extent permitted by applicable law, in no event will the aggregate cumulative liability of the ApiWay Parties to any User, in contract, tort (including negligence), strict liability, statute, or otherwise, arising out of or relating to the Creator Marketplace, any Reference Photo Set, any Marketplace Listing, any Generated Output, any commercial license under §13.3, any withdrawal under §13.4, or any third-party misuse referenced in §13.5, exceed the greater of (a) five hundred US dollars (US$500); or (b) the amounts actually paid by that User to ApiWay for the specific Paid Generation(s) directly giving rise to the claim during the twelve (12) months immediately preceding the event first giving rise to the claim. In no event will the ApiWay Parties be liable for any indirect, incidental, special, consequential, exemplary, punitive, reliance, or lost-profits damages, lost revenue, lost goodwill, business interruption, or lost, corrupted, or unavailable data, even if advised of the possibility of such damages and even if a limited remedy fails of its essential purpose. This Section 13.8 applies in addition to, and not in limitation of, any other limitation of liability set forth in this Policy or in the Terms of Use; where any other limitation is more favorable to the ApiWay Parties, that more favorable limitation controls.
13.8.1. Savings clause. Nothing in §13.8 limits or excludes any liability that cannot lawfully be limited or excluded under mandatory applicable law (including mandatory consumer protections, fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence where such exclusion is prohibited). If any limitation in §13.8 is held by a court of competent jurisdiction to be unenforceable, void, or inapplicable in whole or in part, the liability of the ApiWay Parties under §13.8 shall in any event be limited to the minimum amount required by such mandatory law and no more, and the remaining limitations in §13.8 shall continue in full force and effect to the maximum extent permitted.
13.9. "AS IS" basis; no warranties. All Reference Photo Sets, Marketplace Listings, and Generated Output are made available on an "AS IS" and "AS AVAILABLE" basis without warranties or representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, exclusivity, quiet enjoyment, or those arising from course of dealing or trade usage. No advice or information obtained by any User from ApiWay, the Service, any Creator, or any Buyer creates any warranty not expressly stated in this Policy or the Terms of Use.
13.10. Notices of alleged infringement (DMCA and equivalents). ApiWay respects intellectual-property rights. Notices of alleged copyright, trademark, publicity-right, or other intellectual-property infringement involving content available through the Service, including any Reference Photo Set, Marketplace Listing, or Generated Output, may be sent to [email protected]. Notices must include sufficient information to identify the rights-holder, the allegedly infringing content (with URLs where applicable), the legal basis of the claim, the contact details of the complainant, a good-faith statement that the complainant has not authorized the disputed use, and a statement under penalty of perjury (or its local equivalent) that the information in the notice is accurate. ApiWay may, in its sole discretion and without liability to any affected User, remove or disable access to content alleged to be infringing, terminate repeat infringers' accounts, and take any other action it deems appropriate under applicable law.
13.11. Survival. Sections 13.2 (Creator representations), 13.3 and 13.3.1 (Buyer license; reversals), 13.4 and 13.4.1 (no retroactive revocation; mandatory-law carve-out), 13.5 (platform status and third-party misuse), 13.6 (AI disclaimers), 13.7 (indemnification), 13.8 and 13.8.1 (limitation of liability; savings), 13.9 (no warranties), 13.10 (notices of infringement), 13.12 (time bar), 13.13 (no class actions), 13.14 (no partnership), 13.15 (anti-circumvention), 13.16 (operational changes), and 13.17 (severability) survive any termination, suspension, withdrawal, deletion, or expiration of the Creator's account, the Buyer's account, any Marketplace Listing, any Reference Photo Set, this Policy, or the Terms of Use.
13.12. Time bar. To the maximum extent permitted by applicable law, any claim, action, demand, or proceeding by a User against the ApiWay Parties arising out of or relating to the Creator Marketplace, a Reference Photo Set, a Marketplace Listing, a Paid Generation, or any Generated Output must be commenced within one (1) year after the event first giving rise to the claim. Any claim or proceeding commenced after that period is permanently barred. This §13.12 applies regardless of any longer limitation period that would otherwise apply under statute, except where a shorter period is prohibited by mandatory applicable law.
13.13. No class actions; no consolidated proceedings. To the maximum extent permitted by applicable law, each User agrees that any dispute or claim against the ApiWay Parties arising out of or relating to the Creator Marketplace shall be brought solely in the User's individual capacity and not as a plaintiff or class member in any purported class, collective, mass, consolidated, representative, or private-attorney-general action or proceeding. Neither the arbitrator nor the court may consolidate more than one User's claims or preside over any form of consolidated, representative, or class proceeding, and may award relief only in favor of the individual party seeking relief. If this §13.13 is held unenforceable as to any claim, that claim shall be severed and adjudicated in court, while the remainder of §13 continues to apply.
13.14. No partnership; no fiduciary or agency relationship. Nothing in this Section 13, in the operation of the Creator Marketplace, in the credit allocation between Creator and Co-Creators, or in the facilitation of the license grant in §13.3 creates any joint venture, partnership, agency, employment, franchise, escrow, brokerage, fiduciary, or trust relationship between ApiWay and any Creator, Co-Creator, or Buyer, or between any of them. Each of Creator, Co-Creator, and Buyer participates in the Creator Marketplace as an independent party acting on its own behalf, at its own risk, and at its own expense. ApiWay has no duty of loyalty, good-faith fiduciary duty, or duty of care to any User beyond the duties expressly set out in this Policy and the Terms of Use.
13.15. Anti-circumvention; AI-training restriction; tamper-proofing. The Buyer shall not, and shall not authorize, encourage, or enable any third party to: (a) attempt to reverse-engineer, extract, isolate, reconstruct, or recreate the underlying Reference Photo Set, any individual photograph contained in it, or any identifying biometric data of a depicted individual from the Generated Output, the Service's processing pipeline, or any associated metadata; (b) use the Generated Output, alone or in combination with any other content, to train, fine-tune, evaluate, benchmark, or otherwise develop any artificial-intelligence or machine-learning model, embedding, generator, classifier, or dataset that competes with, substitutes for, or replicates the Service, the Creator Marketplace, the Styled Photo Set template, or any Creator's distinctive style; or (c) remove, obscure, alter, falsify, or strip any attribution, watermark, signature, content credential, provenance signal, metadata, or other indicator embedded in or associated with the Generated Output by ApiWay, by any Third-Party Provider, or by the Creator. Any violation of this §13.15 is a material breach and entitles ApiWay and/or the Creator, in addition to any other remedies at law or equity, to (i) terminate the license granted under §13.3 with immediate effect; (ii) require the Buyer to cease all use, delete all copies, and destroy all derivative works of the affected Generated Output; and (iii) recover all reasonable costs of enforcement, including attorneys' fees.
13.16. Operational changes; no liability for marketplace mechanics. ApiWay may, at any time and in its sole discretion, modify, suspend, restrict, restructure, reprice, rename, gate, rate-limit, moderate, or discontinue, in whole or in part: the Creator Marketplace; any Marketplace Listing format; any AI-generation template that draws on Reference Photo Sets (including the Styled Photo Set template); the credit allocation formula between Creators and Co-Creators; any payout, accrual, or redemption schedule; any minimum or maximum pricing; any eligibility, quality, moderation, age-rating, geographic, or compliance rule; the visibility, search ranking, or recommendation surfacing of any Marketplace Listing; or any other mechanic, service level, or feature. ApiWay shall not be responsible or liable to any User for any loss of business opportunity, expected earnings, anticipated traffic, marketplace rank, listing visibility, accrued-but-unredeemed credits forfeited under the then-current rules, or any other commercial expectation arising out of, related to, or affected by any such change, suspension, or discontinuation.
13.17. Severability of this Section. If any provision of this Section 13 is held by a court of competent jurisdiction or competent regulator to be invalid, unlawful, or unenforceable in whole or in part, the remaining provisions of Section 13 shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable while best preserving the Parties' original intent to allocate risk to the User to the maximum extent permitted by applicable law.
Use of Google Workspace APIs
Our application does not use Google Workspace APIs to develop, improve, or train generalized artificial intelligence (AI) and/or machine learning (ML) models. We are committed to protecting user data and ensuring that it is only used for the specific purposes outlined in this Privacy Policy. We adhere to all applicable Google Workspace API policies and guidelines to maintain the highest standards of data privacy and security.
Use of AI Services
We may use one or more third-party artificial intelligence providers, including Google and other equivalent, substitute, or successor providers, to power certain features such as image generation, virtual try-ons, content transformations, text generation, and related functionality. When you submit prompts, images, references, instructions, or other content (“AI Inputs”), we may transmit those AI Inputs to such providers solely to provide the requested feature and return the resulting output (“AI Output”). Where available, we configure vendor settings intended to restrict use of customer data for model training and we contractually require vendors to process such data only for the purpose of providing services to us. ApiWay acts solely as an intermediary technology provider that enables access to such AI functionality.
Do not include special categories of personal data or other sensitive information in AI Inputs unless strictly necessary and legally permitted. Do not upload, submit, reference, or use any content unless you have all rights, licenses, permissions, and lawful bases necessary to do so. AI Output may be inaccurate, incomplete, misleading, offensive, unavailable for your intended use, or may resemble or be similar to existing third-party content. ApiWay does not review or guarantee that any AI Input or AI Output is lawful, non-infringing, unique, original, accurate, fit for purpose, or available for commercial use. You are solely responsible for validating AI Output and for ensuring that your AI Inputs and use of AI Output comply with applicable law and do not infringe any third-party rights.
1. Terms and definitions
1.1. Account — the User’s account identified by the data specified during registration. Account data may include name, email, billing details, and service settings.
1.2. Account registration — the User’s action signaling the intention to conclude a License Agreement (Terms of Use), expressed by clicking “Register” or using other authentication methods.
1.3. Personal data subject — an individual to whom Personal data relates.
1.4. Website (Site) — a set of integrated software and hardware as well as information published on the Internet and displayed in text, graphic or sound form.
1.5. License — a non‑exclusive right to use the Program to the extent established by the ApiWay service.
1.6. Personal Account — the User account identified by the User’s email address.
1.7. Control Panel — the User interface that allows the User to change settings and perform available actions in the Program.
1.8. Software extensions — additional functionality offered to the User at ApiWay’s discretion.
1.9. ApiWay Server (Server) — a hardware and cloud infrastructure providing sufficient performance for the Program.
1.10. Email — for ApiWay: [email protected]; for the User: the address provided when registering the Account.
1.11. Integration Content — data that Users transmit through the Service between third‑party systems (e.g., CRM, messengers, storage) for the purpose of integration/automation. Unless otherwise stated below, Integration Content is processed transit‑only and not stored by ApiWay beyond what is necessary to complete transmission, ensure delivery, provide logs, secure the Service, or comply with law.
1.12. AI Inputs / AI Output — content you submit to or receive from AI features as defined above.
2. General Terms
2.1. This Policy defines the procedure for working with Users’ Personal Data and other data used through the Service (including Integration Content).
2.2. Measures to ensure the security of Personal Data are an integral part of ApiWay’s activities.
2.3. Contractual relations between ApiWay and the User are governed by the License Agreement/Terms of Use.
2.4. Transit nature of processing. For integrations, ApiWay’s role is to receive and transmit data between systems selected by the User. ApiWay does not use Integration Content for its own purposes and does not retain Integration Content longer than necessary for transmission, delivery verification, troubleshooting, billing, security, or legal compliance.
3. Personal Data Processing Principles
3.1.1. Lawfulness, fairness, and transparency. ApiWay processes Personal Data only where permitted by applicable law.
3.1.2. Data minimization. We collect only the minimum data necessary to provide and secure the Service.
3.1.3. Purpose limitation. We process Personal Data solely to fulfill contractual obligations to the User and to operate, secure, and improve the Service.
3.1.4. Accuracy. We take reasonable steps to keep Personal Data accurate and up to date.
3.1.5. Storage limitation. We keep Personal Data no longer than necessary for the purposes described in this Policy, unless a longer period is required by law.
3.1.6. Integrity and confidentiality. We use appropriate technical and organizational measures to protect Personal Data.
4. Personal Data Processing Terms
4.1.1. With the User’s consent where required.
4.1.2. As necessary to perform a contract with the User (provide the Service).
4.1.3. To comply with legal obligations.
4.1.4. For ApiWay’s legitimate interests (e.g., security, fraud prevention, service analytics) provided such interests are not overridden by Users’ rights.
4.2. ApiWay does not disclose to third parties the Personal Data or Integration Content except as described in this Policy or required by law.
4.3. ApiWay does not intentionally process special categories of Personal Data unless the User submits such data as part of Integration Content or AI Inputs. Users should avoid including sensitive data unless strictly necessary.
5. Collection and Processing of Personal Data and other Data
5.1. Categories of data.
5.1.1. Account Data — email, name, organization, password hashes, subscription and billing details (if applicable).
5.1.2. Integration Content — data relayed between systems you connect. Processed on a transit/ephemeral basis as described in §2.4 and §7 (Retention).
5.1.3. AI Inputs and AI Output — prompts, references, and generated results used solely to provide AI features, and retained only as needed for delivery, abuse prevention, troubleshooting, and legal compliance.
5.1.4. Technical Logs & Diagnostics — IP address, timestamps, request/response metadata, error traces, device and browser information, limited usage analytics.
5.1.5. Support Data — content you provide to support channels for troubleshooting.
5.2. Purposes of processing.
5.2.1. Provide, operate, and improve the Service and integrations.
5.2.2. Authenticate Users and manage accounts and subscriptions.
5.2.3. Ensure security, prevent abuse, and investigate incidents.
5.2.4. Provide support and communicate about Service updates.
5.2.5. Comply with legal obligations and enforce agreements.
5.3. ApiWay uses Personal Data in accordance with applicable law and this Policy.
5.4. Confidentiality is maintained for Personal Data and other User Data except where the data is publicly available or provided by the User for public display.
6. Security and Availability
6.1. ApiWay applies appropriate technical and organizational measures (including encryption in transit, access controls, and segregation of duties) to protect Personal Data and Integration Content.
6.2. No system can be guaranteed to be 100% secure or error‑free, and outages or incidents may occur. ApiWay does not warrant uninterrupted or error‑free operation of the Service. In the event of a Personal Data breach, ApiWay will notify affected Users as required by applicable law and will take reasonable steps to mitigate harm.
7. Retention
7.1. Account Data is retained for the duration of the account and as required for compliance, dispute resolution, and enforcement (typically up to 3 years after closure unless a longer period is legally required).
7.2. Integration Content is retained only transiently to complete transmission and for short‑term delivery verification and troubleshooting. Diagnostic logs related to Integration Content are typically retained for up to 30–90 days unless legal obligations require longer retention.
7.3. AI Inputs and AI Output are retained only as needed to deliver the feature, ensure quality and safety, prevent abuse, and comply with law; where feasible, these are stored ephemerally.
8. International Data Transfers
8.1. ApiWay is based in the United States and may process data in the United States and other countries. Where required, we rely on appropriate safeguards for cross‑border transfers, such as the EU Commission’s Standard Contractual Clauses (SCCs) and their UK addendum/IDTA.
8.2. We may use subprocessors (including cloud and AI providers) subject to data protection obligations consistent with this Policy. A current list of categories of subprocessors is available upon request.
9. Your Rights
9.1. Subject to applicable law, you may have rights to access, rectify, erase, restrict, port, or object to processing of your Personal Data. You may also withdraw consent at any time where processing is based on consent.
9.2. EEA/UK residents may lodge a complaint with a supervisory authority. California residents may exercise CPRA rights (access, deletion, correction, portability, opt‑out of sharing). ApiWay does not “sell” or “share” Personal Information as defined by CPRA and does not use sensitive Personal Information for inferring characteristics.
9.3 Meta (Facebook/Instagram) Data Deletion. If you connected a Meta account (Facebook/Instagram) to Apiway, you may request deletion of data associated with that connection by emailing [email protected]. We also honor deletion requests received from Meta via our data deletion callback and will delete or anonymize data associated with the app-scoped user ID.
10. Third‑Party Personal Information Used by Users
10.1. When using the Service, Users may transmit third‑party data as Integration Content or AI Inputs.
10.2. The User is responsible for ensuring a lawful basis and, where required, prior consent for processing third‑party data in the Service.
10.3. The User (including legal‑entity representatives) is responsible for claims from data subjects regarding data the User submitted to the Service.
10.4. ApiWay implements appropriate measures to safeguard third‑party data processed through the Service as described in this Policy.
11. Other Provisions
11.1. Governing law for this Policy is the law of the State of Delaware, USA, without prejudice to mandatory protections afforded to individuals under the laws of their habitual residence (e.g., GDPR).
11.2. Disputes shall be resolved in accordance with applicable law. Before going to court, the User should send ApiWay a written complaint. The claim response period is 30 (thirty) business days.
11.3. If any provision of the Policy is held invalid, the remaining provisions remain in effect.
11.4. ApiWay may modify this Policy unilaterally. All changes take effect the day after posting on the Site. The User undertakes to monitor changes by reviewing the current edition.
11.5. Contact. ApiWay, Inc., Delaware, USA. Email: [email protected].
12. AI Transparency and User Responsibilities
12.1. AI Output is generated automatically and may contain errors, inaccuracies, omissions, distortions, misleading elements, or content that does not meet your expectations. AI Output must not be relied upon as fact, legal advice, medical advice, professional advice, or as the sole basis for business, commercial, design, advertising, or compliance decisions.
12.2. ApiWay acts solely as an intermediary technology provider that enables the submission of AI Inputs to third-party AI providers and the return of AI Output to the User. ApiWay does not create, select, verify, endorse, monitor, pre-screen, or approve AI Inputs or AI Output for legality, accuracy, originality, non-infringement, merchantability, fitness for a particular purpose, or suitability for any specific use.
12.3. You are solely responsible for all AI Inputs you upload, submit, reference, process, transform, generate, modify, publish, distribute, store, sell, license, or otherwise use through the Service, and for all use of any AI Output. You must ensure that you have all necessary rights, licenses, permissions, consents, and lawful bases for such use.
12.4. You must not upload, submit, reference, or use through the Service any content that is protected by copyright, trademark, trade dress, patent, design right, database right, publicity right, privacy right, confidentiality obligation, or any other third-party right unless you have obtained all rights and permissions necessary for such use. Use of the Service does not grant you any right, title, license, authorization, or permission in or to any third-party content.
12.5. AI Output may resemble, reference, derive stylistically from, or be similar to existing works, names, characters, brands, designs, images, voices, likenesses, or other third-party materials. ApiWay makes no representation or warranty that any AI Output is non-infringing, unique, original, exclusive, protectable, or available for commercial exploitation. Any determination of clearance, infringement risk, fair use, licensing sufficiency, or legal availability is solely your responsibility.
12.6. Any complaints, notices, takedown demands, claims, disputes, investigations, enforcement actions, or proceedings arising out of or relating to your AI Inputs, AI Output, or your use of the Service, including any allegation of copyright infringement, trademark infringement, passing off, unfair competition, violation of publicity or privacy rights, defamation, unlawful imitation, or misappropriation, are solely your responsibility. ApiWay shall not be responsible or liable for such matters.
12.7. As between you and ApiWay, and subject to applicable law, third-party rights, and the terms of any relevant third-party providers, you retain whatever rights you may have in your AI Inputs and bear full responsibility for your use of any AI Output. ApiWay does not claim ownership of your AI Inputs or AI Output except for the limited rights necessary to host, process, transmit, secure, troubleshoot, improve service reliability, prevent abuse, comply with law, and provide the Service in accordance with this Policy and the Terms of Use.
12.8. ApiWay may use, replace, or combine different third-party AI, cloud, moderation, hosting, storage, analytics, and infrastructure providers from time to time at its sole discretion in order to provide the Service. References in this Policy to any particular provider are illustrative only and do not limit ApiWay’s ability to use equivalent or replacement providers.
12.9. You must independently review and verify AI Output before relying on it or publishing, distributing, displaying, performing, commercializing, or otherwise using it. This includes checking factual accuracy, suitability, quality, dimensions, safety, legality, and clearance of third-party rights.
12.10. AI processing may consume credits, paid usage allowances, or other billable capacity at the time a request is submitted for processing, regardless of whether the AI Output is satisfactory, accurate, aesthetically pleasing, commercially useful, legally available, or otherwise meets your expectations. Unless otherwise required by applicable law or expressly approved by ApiWay in the event of a verified technical failure of the Service, such usage is final and non-refundable.
13. Creator Marketplace and Styled Photo Set
13.1. Definitions specific to the Creator Marketplace.
13.1.1. Creator — a User who publishes a Reference Photo Set to the Creator Marketplace for use by other Users in AI-generation templates, including (without limitation) the "Styled Photo Set" template.
13.1.2. Co-Creator — (i) any additional individual or entity that contributed to a Reference Photo Set and is designated by the Creator (or by ApiWay under applicable marketplace rules) as entitled to share in the credit allocation generated by use of that set, and/or (ii) any referrer creator entitled to a revenue or credit share under any referral, affiliate, or partnership program ApiWay operates from time to time. References in this Section to "Creator" include any applicable Co-Creators.
13.1.3. Buyer — a User who selects a Reference Photo Set in an AI-generation template and submits a generation request that is processed by the Service.
13.1.4. Reference Photo Set — one or more photographs uploaded and published by a Creator that are used by the Service as input references for AI generation.
13.1.5. Marketplace Listing — the published representation of a Reference Photo Set in the Creator Marketplace, including price, metadata, preview images, and availability state.
13.1.6. Generated Output — the AI Output (as defined in §1.12 and §12) produced by the Service when a Buyer's generation request is processed in whole or in part on the basis of a Reference Photo Set.
13.1.7. Paid Generation — a generation request for which both (a) the applicable credits, fees, or other paid usage allowance have been debited from the Buyer's account; and (b) the corresponding credit allocation has been recorded by ApiWay in favor of the Creator and any applicable Co-Creators in accordance with ApiWay's then-current marketplace rules.
13.2. Creator representations and ongoing obligations. By publishing or maintaining a Reference Photo Set or a Marketplace Listing, the Creator represents, warrants, and continuously confirms that:
13.2.1. the Creator owns, or has secured, all rights, licenses, consents, model releases, location releases, trademark and trade-dress clearances, and any other permissions necessary for (a) the Reference Photo Set itself; (b) every identifiable individual depicted in it; and (c) every brand, logo, product, artwork, location, or other third-party element shown in it;
13.2.2. such rights and permissions are sufficient to permit ApiWay, the Service, and any Buyer to host, transmit, process, transform, derive AI Output from, sublicense to third-party AI and infrastructure providers, and commercially exploit the Reference Photo Set and the resulting Generated Output as described in this Policy and the Terms of Use, including unrestricted worldwide commercial use by Buyers under §13.3;
13.2.3. the Reference Photo Set does not infringe, misappropriate, or violate any copyright, trademark, trade dress, patent, design right, database right, publicity right, privacy right, confidentiality obligation, contractual restriction, or any other third-party right, and does not contain unlawful, deceptive, defamatory, or otherwise prohibited content;
13.2.4. as between the Creator and ApiWay, the Creator retains ownership of the underlying Reference Photo Set, subject to the operating licenses granted to ApiWay and to Buyers under this Policy and the Terms of Use; and
13.2.5. ApiWay is not the rights-holder, owner, agent, broker, licensor, dealer, escrow, fiduciary, or joint author of any Reference Photo Set or Generated Output and assumes no editorial, curatorial, verification, or approval role with respect to any submitted content.
13.3. Buyer's commercial license to Generated Output. Upon completion of a Paid Generation (as defined in §13.1.7), and subject to the Buyer's continuing compliance with the Terms of Use and this Policy, the Creator (on the Creator's own behalf and on behalf of any applicable Co-Creators) hereby grants the Buyer a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, fully paid-up license to use, reproduce, display, perform, distribute, modify, adapt, transmit, store, sublicense (as reasonably required for ordinary use, including third-party hosting, advertising platforms, marketplaces, agencies, and contractors acting on the Buyer's behalf), and otherwise commercially exploit the resulting Generated Output, including for advertising, marketing, social media, e-commerce, print, and any other commercial or non-commercial purpose. This license does not extend to the underlying Reference Photo Set itself or to any other Generated Output not produced from the Buyer's own Paid Generation; the Buyer obtains no ownership, exclusivity, or trademarkable interest in the Generated Output as against third parties merely by paying for a generation, and other Buyers may receive separate parallel licenses to their own Generated Outputs derived from the same Reference Photo Set. ApiWay is not a party to this license between the Creator and the Buyer; ApiWay facilitates the grant as a technology platform only.
13.3.1. Refunds and reversals. If a Paid Generation is subsequently fully refunded, charged back, voided, fraudulently obtained, or otherwise reversed for any reason, ApiWay and the Creator may, at their sole discretion and without liability or compensation, terminate the license granted under §13.3 with respect to the Generated Output of that reversed Paid Generation, in which case the Buyer shall promptly cease all use of, delete all copies of, and destroy all derivative works incorporating that Generated Output.
13.4. Withdrawal of a Marketplace Listing; no retroactive revocation. A Creator may at any time, in the Creator's sole discretion and without notice to ApiWay or to any Buyer, withdraw, hide, unpublish, or otherwise deactivate a Marketplace Listing through the Service. Withdrawal prevents new Buyers from initiating new Paid Generations on the basis of that Reference Photo Set with effect from the time the Service records the withdrawal. Withdrawal does not, and cannot, revoke, terminate, reduce, narrow, or otherwise affect any commercial license already granted under §13.3 to any Buyer whose Paid Generation completed prior to the withdrawal taking effect. Each such Buyer retains the full commercial license to the Generated Output produced from that prior Paid Generation, with no retroactive effect arising from (a) the Creator's withdrawal of the Marketplace Listing; (b) deletion, hiding, or repricing of the listing; (c) suspension, deletion, or termination of the Creator's account; (d) termination or modification of this Policy or the Terms of Use; or (e) any subsequent dispute between Creator and Buyer or between either of them and any third party. For operational, audit, compliance, abuse-prevention, billing, and dispute-resolution purposes, and to give continuing effect to licenses already granted under §13.3, ApiWay may retain the underlying Reference Photo Set in its storage after withdrawal, subject to the retention principles in §7.
13.4.1. Mandatory-law carve-out. Notwithstanding §13.4, where ApiWay, a Creator, or any Third-Party Provider is required by mandatory applicable law to delete, anonymize, restrict, rectify, or otherwise modify a Reference Photo Set or any Generated Output — including (without limitation) under Article 17 of the EU/UK General Data Protection Regulation, the California Consumer Privacy Act/CPRA, the right of publicity of any individual whose likeness appears in the content, a court order, a regulatory direction, or any equivalent statutory or judicial obligation — ApiWay may take whatever action is necessary or appropriate to comply with that obligation, including by removing, redacting, or making unavailable the affected Reference Photo Set or Generated Output. Any resulting impairment of, or interference with, a Buyer's license to Generated Output (a) is the sole responsibility of the Creator or of the rights-holder whose statutory or judicial demand triggered the action, (b) does not constitute a breach by ApiWay of this Policy or of the Terms of Use, and (c) is not actionable against any ApiWay Party. ApiWay will use commercially reasonable efforts, where lawful and practicable, to notify the affected Buyer.
13.5. ApiWay's status; no liability for third-party theft, copying, or misuse. ApiWay is and remains a technology platform that facilitates the upload, publication, discovery, AI processing, and delivery of Reference Photo Sets and Generated Output. ApiWay is not the rights-holder, agent, broker, dealer, escrow, fiduciary, or party to any commercial dealing between Creators and Buyers in relation to Reference Photo Sets or Generated Output, and does not act as a seller, merchant of record, or licensor of the Reference Photo Set on the Creator's behalf except as a technical conduit for the license grant in §13.3. ApiWay does not curate, review, verify, endorse, monitor, pre-screen, or approve Reference Photo Sets, Marketplace Listings, or Generated Output for legality, accuracy, originality, non-infringement, fitness for purpose, suitability for commercial use, or any other quality. ApiWay does not police, monitor, or guarantee against, and shall not be responsible or liable for, any unauthorized copying, scraping, downloading, republication, derivative use, misappropriation, infringement, passing off, theft, leak, breach of contract, fraudulent attribution, or other misuse of any Reference Photo Set, Marketplace Listing, or Generated Output by any Buyer, User, third party, or unrelated person, whether such misuse occurs on the Service, on third-party platforms, or offline. As between the Creator and ApiWay, ownership of and primary responsibility for protecting any Reference Photo Set against such misuse rests with the Creator. As between the Buyer and ApiWay, ownership of and primary responsibility for enforcing any license granted under §13.3 against such misuse rests with the Buyer. Any enforcement, take-down, litigation, or other action is undertaken at the respective party's own cost and risk.
13.6. AI disclaimers continue to apply. Sections 5.1.3, 12, and any other provisions of this Policy and the Terms of Use that disclaim warranties, allocate responsibility, and limit liability for AI Inputs and AI Output apply with full force to Reference Photo Sets and Generated Output, including (without limitation) the disclaimers regarding accuracy, originality, infringement risk, suitability, the non-refundable nature of consumed credits, and the User's sole responsibility for independently verifying any output before commercial use.
13.7. Indemnification. To the maximum extent permitted by applicable law:
13.7.1. each Creator shall defend, indemnify, and hold harmless ApiWay, its affiliates, and their respective officers, directors, employees, agents, contractors, and service providers (collectively, the "ApiWay Parties") from and against any and all third-party claims, demands, investigations, regulatory inquiries, proceedings, losses, liabilities, damages, fines, penalties, settlements, awards, costs, and expenses (including reasonable attorneys' fees and other legal costs) arising out of or relating to (a) any Reference Photo Set or Marketplace Listing submitted, published, withdrawn, or maintained by the Creator; (b) any breach of the Creator's representations or obligations in §13.2; or (c) any allegation that any of the foregoing infringes, misappropriates, or violates any third-party right or applicable law;
13.7.2. each Buyer shall defend, indemnify, and hold harmless the ApiWay Parties from and against any and all third-party claims, demands, investigations, regulatory inquiries, proceedings, losses, liabilities, damages, fines, penalties, settlements, awards, costs, and expenses (including reasonable attorneys' fees and other legal costs) arising out of or relating to the Buyer's use, distribution, sublicensing, modification, or commercial exploitation of any Generated Output, including any allegation that such use infringes or violates any third-party right, breaches any contract, or otherwise causes harm; and
13.7.3. neither the Creator's nor the Buyer's indemnification obligation is limited to the amount paid by, or owed to, that party under the Service.
13.8. Limitation of liability for Creator Marketplace matters. To the maximum extent permitted by applicable law, in no event will the aggregate cumulative liability of the ApiWay Parties to any User, in contract, tort (including negligence), strict liability, statute, or otherwise, arising out of or relating to the Creator Marketplace, any Reference Photo Set, any Marketplace Listing, any Generated Output, any commercial license under §13.3, any withdrawal under §13.4, or any third-party misuse referenced in §13.5, exceed the greater of (a) five hundred US dollars (US$500); or (b) the amounts actually paid by that User to ApiWay for the specific Paid Generation(s) directly giving rise to the claim during the twelve (12) months immediately preceding the event first giving rise to the claim. In no event will the ApiWay Parties be liable for any indirect, incidental, special, consequential, exemplary, punitive, reliance, or lost-profits damages, lost revenue, lost goodwill, business interruption, or lost, corrupted, or unavailable data, even if advised of the possibility of such damages and even if a limited remedy fails of its essential purpose. This Section 13.8 applies in addition to, and not in limitation of, any other limitation of liability set forth in this Policy or in the Terms of Use; where any other limitation is more favorable to the ApiWay Parties, that more favorable limitation controls.
13.8.1. Savings clause. Nothing in §13.8 limits or excludes any liability that cannot lawfully be limited or excluded under mandatory applicable law (including mandatory consumer protections, fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence where such exclusion is prohibited). If any limitation in §13.8 is held by a court of competent jurisdiction to be unenforceable, void, or inapplicable in whole or in part, the liability of the ApiWay Parties under §13.8 shall in any event be limited to the minimum amount required by such mandatory law and no more, and the remaining limitations in §13.8 shall continue in full force and effect to the maximum extent permitted.
13.9. "AS IS" basis; no warranties. All Reference Photo Sets, Marketplace Listings, and Generated Output are made available on an "AS IS" and "AS AVAILABLE" basis without warranties or representations of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, exclusivity, quiet enjoyment, or those arising from course of dealing or trade usage. No advice or information obtained by any User from ApiWay, the Service, any Creator, or any Buyer creates any warranty not expressly stated in this Policy or the Terms of Use.
13.10. Notices of alleged infringement (DMCA and equivalents). ApiWay respects intellectual-property rights. Notices of alleged copyright, trademark, publicity-right, or other intellectual-property infringement involving content available through the Service, including any Reference Photo Set, Marketplace Listing, or Generated Output, may be sent to [email protected]. Notices must include sufficient information to identify the rights-holder, the allegedly infringing content (with URLs where applicable), the legal basis of the claim, the contact details of the complainant, a good-faith statement that the complainant has not authorized the disputed use, and a statement under penalty of perjury (or its local equivalent) that the information in the notice is accurate. ApiWay may, in its sole discretion and without liability to any affected User, remove or disable access to content alleged to be infringing, terminate repeat infringers' accounts, and take any other action it deems appropriate under applicable law.
13.11. Survival. Sections 13.2 (Creator representations), 13.3 and 13.3.1 (Buyer license; reversals), 13.4 and 13.4.1 (no retroactive revocation; mandatory-law carve-out), 13.5 (platform status and third-party misuse), 13.6 (AI disclaimers), 13.7 (indemnification), 13.8 and 13.8.1 (limitation of liability; savings), 13.9 (no warranties), 13.10 (notices of infringement), 13.12 (time bar), 13.13 (no class actions), 13.14 (no partnership), 13.15 (anti-circumvention), 13.16 (operational changes), and 13.17 (severability) survive any termination, suspension, withdrawal, deletion, or expiration of the Creator's account, the Buyer's account, any Marketplace Listing, any Reference Photo Set, this Policy, or the Terms of Use.
13.12. Time bar. To the maximum extent permitted by applicable law, any claim, action, demand, or proceeding by a User against the ApiWay Parties arising out of or relating to the Creator Marketplace, a Reference Photo Set, a Marketplace Listing, a Paid Generation, or any Generated Output must be commenced within one (1) year after the event first giving rise to the claim. Any claim or proceeding commenced after that period is permanently barred. This §13.12 applies regardless of any longer limitation period that would otherwise apply under statute, except where a shorter period is prohibited by mandatory applicable law.
13.13. No class actions; no consolidated proceedings. To the maximum extent permitted by applicable law, each User agrees that any dispute or claim against the ApiWay Parties arising out of or relating to the Creator Marketplace shall be brought solely in the User's individual capacity and not as a plaintiff or class member in any purported class, collective, mass, consolidated, representative, or private-attorney-general action or proceeding. Neither the arbitrator nor the court may consolidate more than one User's claims or preside over any form of consolidated, representative, or class proceeding, and may award relief only in favor of the individual party seeking relief. If this §13.13 is held unenforceable as to any claim, that claim shall be severed and adjudicated in court, while the remainder of §13 continues to apply.
13.14. No partnership; no fiduciary or agency relationship. Nothing in this Section 13, in the operation of the Creator Marketplace, in the credit allocation between Creator and Co-Creators, or in the facilitation of the license grant in §13.3 creates any joint venture, partnership, agency, employment, franchise, escrow, brokerage, fiduciary, or trust relationship between ApiWay and any Creator, Co-Creator, or Buyer, or between any of them. Each of Creator, Co-Creator, and Buyer participates in the Creator Marketplace as an independent party acting on its own behalf, at its own risk, and at its own expense. ApiWay has no duty of loyalty, good-faith fiduciary duty, or duty of care to any User beyond the duties expressly set out in this Policy and the Terms of Use.
13.15. Anti-circumvention; AI-training restriction; tamper-proofing. The Buyer shall not, and shall not authorize, encourage, or enable any third party to: (a) attempt to reverse-engineer, extract, isolate, reconstruct, or recreate the underlying Reference Photo Set, any individual photograph contained in it, or any identifying biometric data of a depicted individual from the Generated Output, the Service's processing pipeline, or any associated metadata; (b) use the Generated Output, alone or in combination with any other content, to train, fine-tune, evaluate, benchmark, or otherwise develop any artificial-intelligence or machine-learning model, embedding, generator, classifier, or dataset that competes with, substitutes for, or replicates the Service, the Creator Marketplace, the Styled Photo Set template, or any Creator's distinctive style; or (c) remove, obscure, alter, falsify, or strip any attribution, watermark, signature, content credential, provenance signal, metadata, or other indicator embedded in or associated with the Generated Output by ApiWay, by any Third-Party Provider, or by the Creator. Any violation of this §13.15 is a material breach and entitles ApiWay and/or the Creator, in addition to any other remedies at law or equity, to (i) terminate the license granted under §13.3 with immediate effect; (ii) require the Buyer to cease all use, delete all copies, and destroy all derivative works of the affected Generated Output; and (iii) recover all reasonable costs of enforcement, including attorneys' fees.
13.16. Operational changes; no liability for marketplace mechanics. ApiWay may, at any time and in its sole discretion, modify, suspend, restrict, restructure, reprice, rename, gate, rate-limit, moderate, or discontinue, in whole or in part: the Creator Marketplace; any Marketplace Listing format; any AI-generation template that draws on Reference Photo Sets (including the Styled Photo Set template); the credit allocation formula between Creators and Co-Creators; any payout, accrual, or redemption schedule; any minimum or maximum pricing; any eligibility, quality, moderation, age-rating, geographic, or compliance rule; the visibility, search ranking, or recommendation surfacing of any Marketplace Listing; or any other mechanic, service level, or feature. ApiWay shall not be responsible or liable to any User for any loss of business opportunity, expected earnings, anticipated traffic, marketplace rank, listing visibility, accrued-but-unredeemed credits forfeited under the then-current rules, or any other commercial expectation arising out of, related to, or affected by any such change, suspension, or discontinuation.
13.17. Severability of this Section. If any provision of this Section 13 is held by a court of competent jurisdiction or competent regulator to be invalid, unlawful, or unenforceable in whole or in part, the remaining provisions of Section 13 shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable while best preserving the Parties' original intent to allocate risk to the User to the maximum extent permitted by applicable law.