You keep your rights in the work you bring to AI Paint. Online AI features use credits and third-party image services. The price shown in the app and your statutory consumer rights remain central to every purchase.
1. About AI Paint
AI Paint is provided by Smart-Byte GmbH, Landshuter Str. 29, 85435 Erding, Germany. These terms concern AI Paint and its online AI and credit services. They do not incorporate Smart-Byte’s separate terms for commissioned agency or consulting work.
The app combines local drawing, layers, image editing and export with optional online image generation and editing. Available models, controls and features depend on the installed version and the current service offering. A preview or an announced upcoming update is not a statement that a feature is already included in the released app.
Distribution and purchases through the Mac App Store are also subject to the applicable Apple Media Services terms. The app licence is governed by the licence agreement presented with the download, including Apple’s Standard EULA where applicable. Mandatory legal rights remain unaffected.
2. Your account
Local drawing does not require an AI request. An account and an internet connection are required for the corresponding online services. Sign-in options may include email, Apple and Google. Provide accurate information, keep your sign-in credentials secure and notify us if you suspect unauthorised access.
You must be legally able to enter into the relevant agreement, or have the consent of a parent or legal guardian where required. An App Store age rating does not replace legal requirements for purchases or account use.
Details of account and content processing are in the AI Paint Privacy Policy.
3. Credits and purchases
AI operations can require credits purchased in the app. The credit cost depends on the selected model, quality, size, number of images and other applicable settings. The app displays the cost before you submit a paid request. Apple displays the purchase price and applicable taxes before you confirm an in-app purchase.
Credits provide access to AI Paint services; they are not a currency, investment or a means of payment outside AI Paint. They are associated with your app account and cannot be exchanged for other currencies or services except where required by law.
AI output is variable. A completed request can consume credits even if the result does not match your creative preference. If a request fails or credits appear to have been charged incorrectly, contact us so we can investigate and correct the balance where appropriate. This does not limit claims for defective or undelivered services.
Refunds for Mac App Store purchases are handled through Apple’s purchase process, including Report a Problem, without limiting your statutory rights. Any right of withdrawal, and the conditions under which it expires for digital content or services, are governed by applicable law and the information and consents in the purchase flow. These terms do not impose a blanket waiver of refunds or withdrawal rights.
4. Your content and AI results
You retain the rights you hold in your drawings, photos, text and other input. You give us the permission necessary to process, transmit, store and return that content for the features you request, including processing by the selected AI provider. This is not a transfer of ownership in your work.
Only submit content you have the right to use and share. This includes copyright, trademark, privacy and personality rights, and any consent needed for photographs of other people.
AI results can contain mistakes, unexpected details or similarities to other content. We do not promise that every result is unique, copyright-protected or free of third-party rights. Review results before publishing or using them commercially. Smart-Byte does not claim ownership of your generated artwork merely because you used AI Paint; applicable law and the selected provider’s terms may affect its use.
Save your layered documents and exports in locations you control. The service’s image-delivery storage is not a substitute for your own backup.
5. Acceptable use and image providers
Do not use AI Paint to create or distribute unlawful content, infringe others’ rights, exploit children, impersonate people for fraud, or circumvent security, payment or abuse-prevention controls. Do not misuse another person’s account or disrupt the service.
Requests must also comply with the applicable usage restrictions of the selected image provider, including OpenAI’s usage policies for OpenAI models. Providers may refuse individual requests. If your version offers your own API key, you are also responsible for the associated provider account, its fees and its applicable terms.
We may restrict requests or suspend online access when reasonably necessary to address misuse, security threats or legal requirements. Measures will be proportionate; where practicable and legally permitted, we will explain the reason and provide a way to contact us about it. Statutory remedies remain available.
6. Availability, updates and ending use
Online features depend on network access and third-party infrastructure. Maintenance, outages or changes to image providers can affect availability. We may update the app or replace models, while respecting our contractual and statutory obligations. Changes to future credit prices are shown before a new request.
Nothing here gives us an unrestricted right to remove paid entitlements or exclude legally required remedies. Where a change to digital services requires notice, consent or a termination right, applicable law governs.
You can stop using the app at any time. To delete your account, contact us or use the in-app deletion feature where available. Export any work you want to keep first. Account deletion removes access to the associated account and credit balance; it does not by itself waive statutory refund or other claims.
If we change these terms, we will provide appropriate notice. We will obtain agreement where required; simply publishing an updated page does not automatically change an existing contract.
7. Warranty and consumer rights
Statutory warranty and liability rules apply. These terms do not exclude liability for intentional or negligent injury to life, body or health, intentional misconduct, gross negligence or any other liability that cannot lawfully be excluded.
Your mandatory rights concerning digital products, purchases, remedies and withdrawal remain unaffected by the variable nature of AI output or our use of third-party services.
8. Contact and applicable law
For questions, support or complaints, email info@smart-byte.com. Full company information remains in Smart-Byte’s Imprint.
German law applies, without depriving consumers of mandatory protections of the law of their habitual residence. Statutory rules on jurisdiction apply. If a provision is invalid, the remaining provisions continue to apply, and the relevant statutory rules take its place.