Acceptable Use Policy

1. Status and Incorporation

This AUP forms an integral part of the Paint My Terms of Use and End User License Agreement (the “Terms”) and the Paint My Privacy Policy. Any breach of this AUP is a material breach of the Terms and activates, without limitation, the indemnity in the Terms, and is subject to the limitation of liability, governing-law, and severability provisions of the Terms. Where this AUP and the Terms conflict, the Terms control.

2. Acceptance

You accept this AUP by accepting the Terms, or by downloading, installing, opening, purchasing, or using Paint My, including any feature unlocked by an in-app purchase, a subscription, or a free use. If you do not accept this AUP, do not use Paint My. Continued use after an update means you accept the AUP as updated.

3. Definitions

In this AUP: (a) “you” means any natural person who uses Paint My; (b) “Content” means any painting, drawing, sketch, image, photo, layer, brush, export, file, or other material you create, import, edit, or handle with Paint My, including results produced by Paint It for Me, Photo to Sketch, and Remove Background; (c) “Personal Data” has the meaning given in Article 4(1) of the EU General Data Protection Regulation and equivalent terms under other data-protection laws; (d) “Misuse” means any use of Paint My that violates this AUP, the Terms, the Privacy Policy, Apple’s platform rules, or applicable law; (e) “Credible Report” means a good-faith report of suspected Misuse with enough detail to enable MAHTCA GLOBAL to evaluate it; (f) “Authority” means any competent law-enforcement body, court, regulator, data-protection authority, prosecutor, child-protection hotline, or other public body with lawful jurisdiction; and (g) “Apple” means Apple Inc. and its affiliates.

4. Intended Uses

Paint My is intended for lawful, privacy-respecting, good-faith creative uses, such as drawing, painting, sketching, and lettering; turning photos that you own or have the right to use into paintings and sketches; removing the background from such images; and opening, editing, and exporting files that you own or have the right to work with. A use is permitted unless it falls within Section 5 or otherwise violates the Terms, the Privacy Policy, applicable law, or the rights of others.

5. Prohibited Conduct

You must not use Paint My, or allow anyone to use Paint My on your behalf, in any way that involves the following. This list is illustrative, not exhaustive.

(a) Child sexual abuse material — zero tolerance. You must not use Paint My to create, draw, paint, view, store, process, conceal, alter, prepare for distribution, or distribute any material that constitutes child sexual abuse material or that sexualizes, exploits, or endangers any person under 18 — including drawn, painted, or otherwise digitally created depictions, and material made from or based on a photo of a real child — whether or not the depiction is realistic. Reference: Directive 2011/93/EU; Budapest Convention Article 9; 18 U.S.C. §§ 2251–2258A; Romanian Penal Code Articles 374–375. Such material is reportable to NCMEC and to equivalent national hotlines and authorities.

(b) Non-consensual intimate imagery. You must not use Paint My to create, process, conceal, distribute, or prepare for distribution any intimate or sexual image of a real, identifiable person without that person’s free, specific, informed, and unambiguous consent, including by painting, sketching, altering, combining, or removing the background of a photo of that person. Reference: Directive (EU) 2024/1385; UK Online Safety Act 2023 section 66B.

(c) Deceptive images and impersonation. You must not use Paint My to create, alter, or present any image of a real person, event, place, or document in order to deceive anyone — for example, by presenting an altered or painted-over photo as an unaltered photograph or as a genuine record, by impersonating any person or organization, or by misrepresenting who made a work or where it came from — or to mislead the public, including in connection with elections or other matters of public interest.

(d) Forgery, counterfeiting, and fraud. You must not use Paint My, in order to deceive anyone, to obtain any benefit or advantage, or to cause loss to anyone, to forge, falsify, counterfeit, or alter any image of a document or object — including identity documents, passports, licenses, certificates, diplomas, contracts, invoices, receipts, bank or financial statements, tax or medical records, court, government, or official documents, banknotes, coins, stamps, tickets, or vouchers; to reproduce another person’s signature, or any official seal, stamp, logo, or letterhead, without authorization; or to create a work of art and present it as the original work of another artist, including by adding another artist’s signature or mark. Such conduct may constitute a criminal offence, including under the forgery offences of the Romanian Penal Code and under laws such as 18 U.S.C. §§ 1028 and 1343.

(e) Evidence tampering and obstruction. You must not use Paint My’s painting, erasing, Remove Background, layer, or other features to destroy, conceal, alter, fabricate, or misrepresent any image, document, or fact in connection with any actual or reasonably foreseeable legal, criminal, regulatory, tax, insurance, employment, audit, or other proceeding, or in breach of any legal duty to preserve evidence. Reference: Romanian Penal Code Articles 271–273 and equivalent statutes.

(f) Infringement. You must not use Paint My to copy, trace, paint over, convert, modify, or distribute any photo, artwork, illustration, character, design, logo, trademark, or other material in breach of anyone’s copyright, trademark, design, publicity, confidentiality, contractual, or other rights, including by using Paint It for Me, Photo to Sketch, or Remove Background on photos or images you do not have the right to use in that way, or by publishing or selling the results.

(g) Circumventing protections. You must not use Paint My to remove, alter, or obscure watermarks, copyright-management information, credits, or signatures in any image in breach of the rights of others, to open, unlock, or modify any file you are not authorized to access or modify, or to circumvent any technical protection measure, digital-rights-management measure, or access restriction (see, for example, Articles 6 and 7 of Directive 2001/29/EC and 17 U.S.C. §§ 1201–1202). You must not bypass, reset, or facilitate the bypass of any in-app purchase, subscription, entitlement, license, free-use count, purchase record, or security mechanism in Paint My.

(h) Privacy violations. You must not use Paint My to collect, extract, process, alter, or disclose photos or other Personal Data of any identifiable person without a lawful basis under applicable data-protection law, including the EU GDPR, the UK GDPR, the CCPA/CPRA, the LGPD, the PIPL, the Indian DPDP Act, the Australian Privacy Principles, and PIPEDA, or to covertly identify, locate, or monitor anyone, or to dox, stalk, harass, intimidate, humiliate, or facilitate harm against anyone. Reference: Directive (EU) 2024/1385; Istanbul Convention.

(i) Harmful files. You must not use Paint My to create, modify, or distribute files — including Paint My, PSD, PNG, and JPEG files — that contain malware or exploits, that are crafted to crash or compromise software, or that contain phishing or other content designed to deceive, defraud, or harm their recipients.

(j) Defamation, harassment, and threats. You must not use Paint My to create or distribute defamatory, threatening, harassing, or hateful Content, or Content that incites violence.

(k) Reverse engineering, redistribution, or modification of Paint My, as prohibited by the Terms.

(l) Any other unlawful activity under any law, regulation, court order, sanctions regime, or platform rule applicable to you or to MAHTCA GLOBAL.

The absence of a specific category from this Section does not mean that it is permitted. Conduct that is unlawful, harmful, deceptive, or that violates the rights of any person is prohibited whether or not it is listed here.

6. What We Can and Cannot Do

Paint My runs on your Mac. MAHTCA GLOBAL does not receive, access, host, or store your Content or any record of how you use Paint My. As a result, MAHTCA GLOBAL: (a) cannot detect, monitor, scan, or observe your use of Paint My; (b) has no technical means to suspend or restrict Paint My on your Mac; (c) has no usage record to consult in connection with any report; (d) may act on Credible Reports as described in Sections 7 and 8; (e) may refuse support, goodwill consideration, or future product access to anyone who is the subject of a Credible Report of Misuse; and (f) does not warrant that it will detect, prevent, or remedy any Misuse. The absence of detection or action is not an endorsement of any conduct and does not waive any provision of this AUP.

7. Cooperation with Authorities and Apple

MAHTCA GLOBAL will cooperate in good faith, subject to applicable law, with Authorities and with Apple in response to valid legal process, Credible Reports indicating an imminent risk of serious harm, reports of suspected material described in Section 5(a) — which will be referred to NCMEC and equivalent national hotlines — and requests from Apple relating to the App Store or the Apple Developer Program. Because MAHTCA GLOBAL keeps no Content or usage records, its cooperation is limited to confirming Paint My’s local-only design and the absence of server-side records, providing technical documentation to the extent legally required, modifying or removing Paint My features at Apple’s request or the lawful direction of an Authority, and any other action required by law.

8. Notice and Action Procedure

Reports of suspected Misuse should be sent to office@mahtca.com. To qualify as a Credible Report, a notice should include, as far as the reporter is able: a clear identification of the person, conduct, or material involved; a description of the suspected Misuse; contact details if the reporter is willing to be contacted; and a good-faith statement that the report is accurate. MAHTCA GLOBAL will acknowledge Credible Reports within a reasonable time, evaluate them in good faith, and take any action it considers appropriate in its sole discretion and in accordance with applicable law, without promising any specific outcome or timeline. MAHTCA GLOBAL may decline to act on, close, or refer to an Authority any report that is frivolous, abusive, manifestly unfounded, repetitive, or made in bad faith. This procedure follows the spirit of Article 16 of Regulation (EU) 2022/2065 (the Digital Services Act) as voluntary good practice, and does not constitute an admission that Paint My is a hosting or intermediary service.

9. Reporter Safe Harbour

To the maximum extent permitted by law, MAHTCA GLOBAL will keep the identity of a good-faith reporter confidential, subject to disclosure required by law; will not retaliate against anyone for a good-faith report; and will not be liable to any reported person for any claim arising from a good-faith report received from a third party. Reports made in bad faith, knowingly false reports, and reports made to harass others are not protected, may themselves constitute Misuse, may activate the indemnity in the Terms, and may be referred to an Authority.

10. Consequences of Breach

Any breach of this AUP: (a) is a material breach of the Terms and terminates your license to use Paint My; (b) activates your indemnity obligations under the Terms; (c) is subject to the limitation of liability in the Terms, including its exclusion of indirect, incidental, special, consequential, exemplary, and punitive damages and its aggregate liability cap; (d) forfeits any goodwill consideration regarding refunds, support, or future products; and (e) may be reported to Apple, to any Authority, or to any person who has suffered or is at risk of harm. These remedies are cumulative and in addition to any other remedy available under the Terms, this AUP, or applicable law.

11. Reservation of Rights

MAHTCA GLOBAL reserves all rights not expressly granted to you, including the right to update, modify, or withdraw this AUP (subject to Section 16), to act or decline to act on any report, to publish anonymized information about confirmed patterns of Misuse, to cooperate with Authorities and Apple, to refuse support or future products to anyone credibly reported to be in breach, and to enforce this AUP selectively in light of the available evidence, resources, and legal advice, without waiving any other right or remedy. No failure or delay in exercising any right operates as a waiver.

12. No Third-Party Beneficiaries Except Apple

Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms and of this AUP and may enforce this AUP against you. No other person has any right to enforce this AUP against MAHTCA GLOBAL. A person harmed by your Misuse must seek any remedy from you, not from MAHTCA GLOBAL. Nothing in this Section limits the right of an Authority to act against MAHTCA GLOBAL where MAHTCA GLOBAL has independent legal responsibility.

13. Survival

Your obligations under this AUP, and any indemnity, defence-control, cooperation, or consequence-of-breach obligation arising from your use of Paint My while this AUP was in force, survive your deletion of Paint My, any refund, expiry, or revocation of any purchase or subscription, and any termination or modification of the Terms, and apply to any Content you handled with Paint My while this AUP or any earlier version of it was in force.

14. Severability

If any provision of this AUP is found to be invalid, illegal, or unenforceable, it will be enforced to the maximum extent permitted by law or modified to achieve the closest lawful effect, and the remaining provisions will remain in full force and effect.

15. Governing Law and Forum

This AUP, and any dispute arising out of or in connection with it, are governed by the laws of Romania, without regard to conflict-of-law principles, and are subject to the non-exclusive jurisdiction of the courts of Dolj County, Romania. Nothing in this Section deprives you of the protection of the mandatory consumer-protection rules of the country in which you reside.

16. Changes

MAHTCA GLOBAL may update this AUP to reflect changes in Paint My, applicable law, Apple’s requirements, or its practices. When it does, the version number and effective date change, and the updated AUP is published at www.paintmy.mahtca.com/aup/, which is the authoritative version and is linked from the Terms. Where a change materially affects your rights, MAHTCA GLOBAL will use reasonable efforts to inform you before it takes effect, for example within Paint My or on its website. If you do not accept an update, your remedy is to stop using and delete Paint My.

17. Contact

For any question about this AUP, to submit a Credible Report under Section 8, or to raise any other matter: office@mahtca.com — MAHTCA GLOBAL, Bechetului, Nr. 26, Malu Mare, Dolj, Romania; Romanian Trade Register: J16/663/2018; VAT / CUI: 39070729.