Terms of Use & End User License Agreement

1. Overview

Paint My is a drawing and painting application for Mac. It lets you draw and paint on layered canvases with built-in and custom brushes, colours, shapes, gradients, fills, selections, and symmetry; bring in photos; turn photos into paintings and sketches with Paint It for Me and Photo to Sketch; remove the background from an image; and open, save, and export your work, depending on the features available to you.

Paint My does not require an account. It is designed to run locally on your Mac. Your paintings, photos, custom brushes, and related content are stored on your Mac, or wherever you choose to save them, and remain under your control, subject to your device settings, operating-system behaviour, Apple services, backup settings, iCloud settings, and any third-party apps or services you choose to use.

2. Keep Copies of Important Paintings

You are solely responsible for keeping copies and backups of your paintings and of the photos and other files you use with Paint My. Before you open, edit, import, combine, export, or save any painting or file that matters to you, keep a separate, unmodified copy of it in a safe place, and maintain regular backups — for example, with Time Machine or another backup system of your choice.

Paint My saves paintings in its own format, as “.pmy” files. When a painting is saved, Paint My writes its current state into the painting’s file and replaces the file’s previous contents. Exports create separate PNG, JPEG, or PSD files whose content may differ from the painting (see Section 5). Do not delete or overwrite an original until you have checked that the result is complete and correct.

Paint My uses the document system built into macOS. Its settings describe autosave as automatic, but when and whether a painting is autosaved, and whether earlier versions are kept and can be restored, depend on macOS, your storage, and your settings, and are not guaranteed. Undo history is not saved with a painting (see Section 4). Never rely on autosave, on versions kept by macOS, on undo, or on Paint My as the only copy of a painting.

3. Saving, Interruptions, and Data Loss

Painting and saving involve writing data to memory and to your storage. Although Paint My is designed to save your paintings carefully, the developer does not guarantee that any painting will be saved completely or correctly, that a saved file will open, or that any painting, change, or data will not be lost or damaged.

A painting or its changes may be lost, damaged, corrupted, truncated, partially written, made unreadable, or replaced by an incomplete version if any interruption or failure occurs while you are working on it or while it is being saved, including without limitation: Paint My quitting or crashing unexpectedly; macOS crashing, restarting, or stopping responding; loss of power, a depleted battery, sleep, or a forced shutdown or restart; you or the operating system force-quitting or terminating Paint My, including under low-memory or thermal pressure; a software or system update; your disk or volume becoming full, read-only, disconnected, or damaged; an external, network, or cloud drive — including iCloud Drive and other file providers — disconnecting, syncing, offloading, or modifying a file while it is in use; another app, user, or process opening, locking, moving, or changing the file; file-permission changes; security or antivirus software; file-system errors; or hardware failure.

To manage memory, Paint My may move the pixels of paintings you are not looking at, and older undo steps, out of memory into temporary files on your Mac, and read them back when needed. If those temporary files are deleted or damaged, or cannot be written or read — for example because your disk is full — unsaved work and undo steps may be lost. Changes you have not saved exist only in your Mac’s memory and in those temporary files, and can be lost at any time. You agree to save your work regularly and to keep your own copies and backups as described in Section 2. To the maximum extent permitted by law, the developer accepts no liability for any loss of, damage to, or corruption of any painting, file, change, or data, however caused, including in any of the circumstances described in this Section.

4. Undo, Layer Actions, and Sample Paintings

Not every action in Paint My can be undone. In particular, these actions in the layers panel are not recorded in the undo history and cannot be reversed with Undo: deleting a layer, changing the order of layers, hiding or showing a layer, changing a layer’s opacity or blend mode, renaming a layer, and locking or unlocking a layer. A layer you delete cannot be restored with Undo. Deleting a custom brush in Brush Studio cannot be undone either. When layers are combined with Combine Layers, hidden layers within a combined group are discarded rather than merged.

Undo history is limited. On the free tier it holds the most recent 50 steps; with Pro there is no step limit, but history remains subject to the undo memory budget set in Paint My’s settings and to the memory and storage available on your Mac, and older steps may be discarded. Undo history exists only while a painting is open: it is not saved in the painting’s file, and it is lost when the painting is closed or Paint My quits. Paint My’s files also do not store layer locks or selections.

Opening one of the sample paintings from the File menu replaces the canvas in the front window with the sample, and the painting it replaces cannot be brought back with Undo. Save your work, and keep a copy of it, before you open a sample.

Erasing, deleting, or painting over something in Paint My does not remove it from the original photo or file, from exports you have made, from the clipboard, from backups, from earlier versions of a file that macOS or iCloud may keep, or from copies you have shared, and Paint My does not control those copies.

5. Exports, PSD Files, and Compatibility

Paint My works in 8-bit sRGB colour and saves paintings in its own “.pmy” format. Exports create new files in other formats, and their content may differ from the painting as it appears in Paint My. Without limitation: PNG exports contain only the visible layers and not the paper surface, so unpainted areas are transparent; JPEG exports are flattened over the surface’s flat base colour, without its texture, and are compressed, which loses some detail; exports of selected layers contain only the selected layers that are visible, cropped to the edges of the artwork; and exports are made at the canvas’s own resolution, with no option to scale them. Colours may look different in other apps, on other displays, or in print.

Layered PSD files are a complex format produced by many applications in many different ways. Paint My opens a PSD file as separate layers only when it is an 8-bit RGB file with supported compression; any other PSD file — for example a 16-bit or CMYK file — opens as a single flattened layer. When a PSD file is opened, layer masks are not kept, layer groups are not kept as groups, content outside the canvas is cropped, and text, adjustment layers, effects, and other features that Paint My does not support may be lost, flattened, or changed. Paint My saves documents only in its own “.pmy” format and does not save changes back into a PSD file. A PSD file made with “Export as Layered PSD…” is a new file containing 8-bit RGB pixel layers, with their names, opacity, visibility, blend modes, and positions, and a flattened composite; it does not contain layer groups, masks, clipping, or effects, it is uncompressed and can be large, and very large canvases may be refused.

The developer does not guarantee that any file will open, import, display, or export correctly, or in the same way as in other software, or that another application will open or interpret a file created by Paint My as you expect. You are responsible for checking every file you import or export before you rely on it, share it, deliver it, print it, or delete the original.

6. Automated Results: Paint It for Me, Photo to Sketch, and Remove Background

Paint It for Me, Photo to Sketch, and Remove Background produce their results automatically. Paint It for Me paints a photo you choose with Paint My’s own brush engine, on new layers; Photo to Sketch converts a photo into line art using Apple’s Core Image image filters; and Remove Background uses Apple’s Vision framework to separate a subject from the background on the active layer. These features run on your Mac, do not send your photos to the developer, and are not generative artificial intelligence.

Their results are approximate, may be imperfect, and vary with the photo and the settings you choose. Without limitation: Paint It for Me may work from a reduced-resolution copy of the photo, and may simplify, omit, distort, or change details, colours, proportions, and likenesses; Photo to Sketch may miss lines, add lines, or lose detail; and Remove Background may leave parts of the background, remove parts of the subject, produce rough edges, or find no subject at all. No result is an accurate, faithful, or complete reproduction of a photo, and none should be relied on as one. Other features that follow automatic rules — such as the Magic Wand selection, the fill tool, the colour-aware eraser, the automatic creation of new layers, and Combine Layers — may also not produce the result you expect. Results may also differ between versions of macOS and between Macs. Nothing produced by Paint My is legal, financial, medical, or other professional advice. You are solely responsible for reviewing every result before you rely on it, publish it, sell it, or delete anything.

Your photos and the rights of others. You may use these features only with photos and images that you own or that you have the rights and permissions to use in this way, including, where the law requires it, the consent of any identifiable person shown. A painting or sketch made from a photo may be a derivative of that photo and of any work, design, or trademark shown in it, and publishing, selling, or otherwise using it may require the permission of the rights holders. The developer gives no assurance that any result is free of third-party rights, or that it is protected by copyright or by any other right.

Stopping Paint It for Me keeps what has been drawn so far, and a finished painting is undone as a single step. When Paint It for Me finishes on the free tier, the layers it painted are merged into a single layer, and the separate layers are not kept.

7. Replay Session and One-Free-Use Features

Replay Session plays back the current session’s undo history inside Paint My. It is not a recording: it creates no video or other file, and its playback cannot be exported or saved. It can replay only the edits still held in the undo history — on the free tier, at most the most recent 50 — and nothing is available to replay for a painting reopened from a file.

Without Pro, some Pro features can each be used once free of charge: currently Paint It for Me, Remove Background, Quad & Radial Symmetry, Angular Gradients, and Photo to Sketch styles. A free use is counted when you start a Paint It for Me painting, when Remove Background finds a subject, when you draw one stroke with Quad or Radial symmetry, when you make one Angular gradient fill, and when you add a Photo to Sketch result in a Pro style as a layer. Once counted, a free use is spent, even if you stop, undo, or delete the result, or if the result is not what you expected, and it cannot be restored, reset, transferred, refunded, or exchanged. Paint My shows the free uses you have left in its settings.

Free uses are a courtesy that lets you try a feature. They are not a subscription, a trial period, or a purchase, and they do not entitle you to Pro or to any further use. To keep the count accurate, Paint My records the free uses you have spent on your Mac, including in your Mac’s keychain, so that deleting and reinstalling Paint My does not reset them, as described in the Privacy Policy. The developer may change, limit, or withdraw free uses at any time, subject to applicable law.

8. Acceptance, Withdrawal, and Termination

You must accept these Terms to use Paint My. Paint My does not ask you to click to agree: you accept these Terms by downloading, installing, opening, accessing, purchasing, subscribing to, or using Paint My, or any feature, in-app purchase, or subscription within it, and you accept them again each time you do so. Paint My’s purchase screen links to these Terms and to the Privacy Policy. These Terms remain in force until terminated by you or by the developer.

Termination by you. You may terminate these Terms at any time by ceasing all use of Paint My and deleting it from your devices. Deleting Paint My does not cancel a subscription; to stop future charges, cancel the subscription through Apple as described in Section 17.

Termination by the developer. Your rights under these Terms terminate automatically, without notice, if you fail to comply with any provision of these Terms or of the Acceptable Use Policy. Upon termination, you must immediately cease all use of Paint My and delete it from your devices. No refund or compensation is owed in connection with any termination, except where required by applicable law.

Survival. Termination does not affect any obligation, right, or remedy that, by its nature, is intended to survive, including Sections 2 to 7, 11, 12, 21 to 32, 34, 35, and 38 to 42.

9. Age Requirement

You must be at least 13 years old to use Paint My on your own, or older where the law of your country requires a higher age for the use of digital services without parental consent. If you are under that age, or under the age of majority where you live, you may use Paint My only with the consent and under the supervision of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of Paint My, including any purchase made on your device or with your Apple Account. By using Paint My, you represent that these requirements are met. If they are not met, do not download, install, open, purchase, or use Paint My.

10. License to Use the App

Subject to your compliance with these Terms and with the Usage Rules set forth in the Apple Media Services Terms and Conditions (the “Apple Usage Rules”), the developer grants you a limited, personal, revocable, non-exclusive, non-transferable license to use Paint My, including its Quick Look thumbnail extension, on Apple-branded products that you own or control, as permitted by the Apple Usage Rules, including any applicable Family Sharing or volume-purchase rules.

You do not acquire ownership of Paint My, its source code, object code, design, interface, icons, branding, workflows, brushes, surfaces, sample paintings, documentation, or other intellectual property. All rights not expressly granted to you are reserved by the developer and its licensors.

11. Restrictions on the Software

You may not distribute Paint My or any copy, component, modified version, extracted portion, build, package, binary, installer, or derivative of Paint My.

Except where expressly permitted by applicable law, you must not: (a) copy, reproduce, redistribute, sell, rent, lease, lend, sublicense, assign, publish, upload, host, mirror, share, transfer, or make Paint My available to any third party; (b) distribute Paint My outside authorized Apple distribution channels; (c) include Paint My in another software package, bundle, marketplace, repository, device image, managed deployment, or commercial service without the developer’s prior written consent; (d) modify, adapt, translate, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works from Paint My; (e) bypass, disable, reset, or interfere with any in-app purchase, subscription, entitlement, license, free-use count, purchase record, or security mechanism in Paint My, including by editing, copying, or deleting the records Paint My keeps on your Mac for these purposes; (f) extract, copy, or redistribute, as such or as your own work, the sample paintings, illustrations, brush definitions, surfaces, sounds, or other content bundled with Paint My — the marks you make with Paint My’s brushes and surfaces in your own artwork are not restricted by this item; (g) remove, alter, obscure, or misrepresent any copyright, trademark, ownership, licensing, security, or attribution notice; or (h) use Paint My to build, train, benchmark, or market a competing product in a way that violates these Terms or applicable law.

These restrictions apply to the maximum extent permitted by law and do not limit rights that cannot legally be restricted.

12. Permitted Use and Your Responsibility

Paint My is intended for lawful, good-faith use. You are solely responsible for: (a) the paintings, drawings, images, and other content you create, import, paint, edit, combine, export, publish, share, save, or delete with Paint My, and for their content; (b) having the rights, permissions, and authority needed to do so, including under copyright, trademark, contract, confidentiality, publicity, and privacy law, and in particular for every photo or image you import or use with Paint It for Me, Photo to Sketch, or Remove Background; (c) keeping copies and backups of your paintings and files; (d) reviewing every painting, file, and result before you rely on it, publish it, sell it, or share it; (e) complying with all applicable laws, regulations, professional rules, and obligations owed to others; and (f) ensuring that your use of Paint My does not violate the rights of any person or organization.

You must not use Paint My to forge, counterfeit, or falsify images, documents, signatures, or works of art, to create misleading images of real people or events, to commit fraud, to destroy or conceal evidence, to infringe anyone’s rights, or for any other unlawful or harmful purpose. Detailed rules are set out in the Paint My Acceptable Use Policy, which forms part of these Terms.

13. No Data Collection by the Developer

Paint My is designed not to collect, transmit, sell, rent, share, analyze, or remotely store your paintings, photos, their content, usage analytics, identifiers, or telemetry on servers controlled by the developer. Paint My does not operate a user-account system, does not upload your paintings or photos, and does not use them for advertising, tracking, profiling, analytics, model training, resale, or marketing.

To work, Paint My keeps certain information locally on your Mac — for example, your preferences, your custom brushes, a record of your purchase status as last confirmed by the App Store, a count of the free uses you have spent (also kept in your Mac’s keychain, where it remains if you delete Paint My), and temporary working files. This information stays on your Mac and is not received, accessed, or held by the developer. Further detail is provided in the Privacy Policy.

14. Local Processing, Storage, and File Access

Paint My’s painting, imaging, import, and export features are designed to run on your Mac. Paint My runs inside the macOS App Sandbox and opens and saves files that you choose, for example through the Open and Save dialogs, by opening them from the Finder, or by dropping a photo onto Paint It for Me. Images can also reach Paint My through the clipboard and through Continuity Camera from your iPhone or iPad, a service provided by macOS. Paint My’s Quick Look extension shows thumbnails of Paint My files in the Finder, using a preview image stored inside each file. Paint My does not request access to your camera, microphone, location, contacts, or photo library.

Your paintings remain subject to your own storage, operating-system behaviour, iCloud settings, backup settings, and the other apps and services you use. The developer does not control iCloud, device backups, file providers, cloud-storage services, external or network drives, your iPhone or iPad, or any other system or service outside Paint My.

15. Free and Pro Features

Some of Paint My’s features are available free of charge, and others require Paint My Pro (“Pro”), which is available as an auto-renewable subscription or as a one-time “Pay Once” purchase. The features included in each tier are described in Paint My, on its App Store page, and on its website, and may change over time, subject to applicable law.

Free features, and the free uses described in Section 7, are provided free of charge, as a courtesy, and to the maximum extent permitted by law without any warranty or liability of any kind.

When Pro is not active — for example because a subscription has ended, a purchase has been refunded or revoked, or Paint My has been unable to confirm your purchase with the App Store (see Section 17) — Pro features return to the locked state. Paint My is designed not to change or delete artwork you have already made when this happens: brush styles that require Pro fall back to a free style, Quad and Radial symmetry switch off, the Angular gradient reverts to Linear, and custom brushes you saved in Brush Studio remain on your Mac but cannot be used until Pro is active again. A painting with more layers than the free tier allows keeps its layers, but you cannot add more.

16. Purchases, Payments, and Refunds

In-app purchases as licenses. Each in-app purchase grants you a limited, personal, revocable, non-exclusive, non-transferable license to access the corresponding features for the period and on the terms shown at the time of purchase. You do not acquire ownership of any feature, code, content, or other component of Paint My. In-app purchases are licenses to use, not sales of goods, and remain subject to these Terms, the Apple Usage Rules, and applicable law.

Purchases are processed by Apple through the App Store, and Apple is the merchant of record. The developer does not receive or store your payment details. Apple may process purchase, refund, tax, invoice, subscription, device, account, and transaction information under Apple’s own terms and privacy policies. The developer is not responsible for Apple’s payment processing, refund decisions, billing rules, taxes, exchange rates, chargebacks, subscription management, Ask to Buy approvals, Family Sharing rules, or App Store availability. Prices are those shown in the App Store at the time of purchase; they may differ between countries and regions and may change over time.

Purchases that need approval. If a purchase requires approval — for example through Apple’s Ask to Buy — Pro is not provided until the purchase is approved, and the developer is not responsible for whether, when, or how it is approved.

Family Sharing. Where Family Sharing is enabled for a Paint My purchase in the App Store, members of your family group may be able to use it under Apple’s Family Sharing rules. The developer does not guarantee that Family Sharing is available for any product, and its availability may change.

Refunds and withdrawal. Requests for refunds or cancellations must be made to Apple and are subject to Apple’s policies and applicable law. If you are a consumer in the European Union or the European Economic Area, you may have a statutory right to withdraw from a distance purchase within 14 days. Where you request that the digital content or service be supplied immediately, you acknowledge that, to the extent permitted by Article 16(m) of Directive 2011/83/EU and equivalent national law, you lose your right of withdrawal once supply has begun.

17. Subscriptions and Auto-Renewal

Paint My currently offers Pro as three auto-renewable subscriptions — Pro Weekly, Pro Monthly, and Pro Yearly — in a single subscription group. A subscription grants you a limited, personal, revocable, non-exclusive, non-transferable license to access Pro features for the duration of an active, paid subscription period. When a subscription lapses, is cancelled, is refunded, is revoked, or otherwise ends, that license ends, and Pro features return to the locked state, as described in Section 15, until you subscribe again or make a one-time purchase.

The subscription title, length, and price shown in the App Store and in Paint My at the time of purchase are the binding terms of that subscription. Payment is charged to your Apple Account when you confirm the purchase. Subscriptions renew automatically at the then-current price for the same period unless automatic renewal is turned off at least 24 hours before the end of the current period, and your Apple Account is charged for renewal within the 24 hours before the current period ends. Paint My does not provide a control for managing subscriptions: you can manage, change, or cancel your subscription at any time in System Settings, under your Apple Account, in Media & Purchases, or in the App Store. Moving between Pro Weekly, Pro Monthly, and Pro Yearly is handled by Apple under its rules for subscription upgrades, downgrades, and crossgrades.

Cancelling stops future renewals; the current paid period remains active until its end date, and no refund is provided for any unused portion except where required by law. If Apple cannot collect payment, Apple may offer a billing grace period during which access continues; if payment is not collected, the subscription lapses. If the price of a subscription increases, Apple notifies you in advance and, where required, asks for your consent. Paint My’s subscriptions do not currently include any trial period or introductory offer, and the free uses described in Section 7 are not a subscription trial. If a trial or introductory offer is provided in future, its terms are shown before you subscribe, and any unused portion of a trial is forfeited when you purchase a subscription where applicable. If you buy Pro — Pay Once while a subscription is active, the subscription is not cancelled automatically: it continues to renew, and you continue to be charged, until you cancel it through Apple.

Paint My checks your purchases on your Mac using records provided by Apple, and checks them again from time to time while it is open. If your Mac cannot reach the App Store, Paint My may, as a courtesy, continue to provide Pro for a limited time (currently up to 48 hours) after it last confirmed your purchase; after that, Pro features pause until the purchase can be confirmed again, and moving your Mac’s clock backwards can end this period early. This courtesy is not an entitlement and may change. Paint My may be temporarily unable to recognize a valid purchase — for example, on a Mac that has not been online since the purchase, during an outage of Apple’s services, or if the record Paint My keeps on your Mac is missing or damaged — and the developer is not liable for any such temporary unavailability.

18. One-Time Purchase (Pay Once)

Paint My offers Pro as a one-time, non-consumable purchase, “Pro — Pay Once.” It grants you a personal, revocable, non-exclusive, non-transferable license — not ownership — to access the Pro feature set for as long as the purchase is recognized as valid by Apple’s App Store systems and for as long as the developer makes the applicable Paint My product, feature set, and platform support available. “Pay Once” means that you pay once for that license, without a subscription; it does not mean that the license, Paint My, or any feature will be available for any particular period, or for the life of the user, the developer, any company, any device, any operating system, the App Store, Apple services, or any third-party service. It does not transfer to you any ownership interest in Paint My, any feature, any code, any content, or any underlying intellectual property.

The developer will not charge you again for the same Pro feature set on the same supported platform, provided that: (a) the purchase remains valid and is not refunded, reversed, revoked, cancelled, charged back, found fraudulent, or otherwise invalidated; (b) Paint My remains available, maintained, operable, and supported on the relevant platform; (c) your device, operating system, Apple Account, and Apple’s services continue to support recognition or restoration of the purchase; and (d) continued access is not prevented by law, regulation, court order, platform rule, security requirement, technical limitation, or circumstances outside the developer’s reasonable control.

A one-time purchase covers the Pro feature set identified at the time of purchase, together with any fixes, compatibility updates, or improvements the developer chooses to provide, but not separate future applications, separate products or services, features released as a distinct paid product or subscription, features on platforms not included in the original purchase, or third-party services offered separately. Where supported by Apple, you may restore a valid purchase with “Restore Purchases” in Paint My, using the Apple Account used to make it. The developer does not control Apple’s purchase records, refund decisions, App Store account status, Family Sharing behaviour, App Store availability, device compatibility, or operating-system support.

19. Apple Terms and Third-Party Services

Your use of Paint My may also be subject to Apple’s App Store terms, the Apple Media Services Terms and Conditions, device and operating-system terms, iCloud terms, and any applicable third-party terms, and you agree to comply with them.

Paint My may use, link to, or interact with products and services provided by Apple or by other third parties, such as the App Store and its purchase services, Continuity Camera and other macOS services, your iPhone or iPad, iCloud Drive and other file providers, drawing tablets and their drivers, and websites you open from links, including the developer’s own published websites and supervisory-authority websites (together, “External Services”). External Services are provided by their operators under their own terms and policies. The developer does not control, endorse, monitor, or assume responsibility for any External Service, and you use them at your own risk; to the maximum extent permitted by applicable law, the developer disclaims any liability arising from your use of any External Service.

Apple is not responsible for Paint My, its content, maintenance, support, claims, warranties, or your use of it, except as Apple may separately provide under its own terms or applicable law.

20. Maintenance and Support

The developer is responsible for maintenance and support of Paint My only as stated in these Terms or as required by applicable law. Apple has no obligation to provide maintenance or support services for Paint My. The developer has no obligation to recover, repair, or restore any painting, file, or data. Support questions can be sent to paintmy@mahtca.com. Legal notices, complaints, and claims should be directed to: office@mahtca.com — MAHTCA GLOBAL, Bechetului, Nr. 26, Malu Mare, Dolj, Romania; Romanian Trade Register: J16/663/2018; VAT / CUI: 39070729.

21. Ownership of Your Content

You retain all rights you already have in your paintings, drawings, photos, and other content. Paint My does not claim ownership of any painting or other content you create, import, or process with it, including results produced by Paint It for Me, Photo to Sketch, or Remove Background. You represent that you have the rights, permissions, and lawful authority needed for everything you do with Paint My, including where a photo or image contains the work, personal data, or likeness of another person. Any rights in a result made from a photo or other material remain subject to the rights of others in that material (see Section 6).

22. Intellectual Property

Paint My, including its software, design, interface, graphics, icons, illustrations, brushes, surfaces, sounds, sample paintings, workflows, branding, names, documentation, and related materials, is owned by the developer or its licensors and is protected by copyright, trademark, trade-secret, and other intellectual-property laws. You may not use the Paint My name, logos, branding, screenshots, interface, or other proprietary materials in a way that suggests endorsement, affiliation, resale, redistribution, or ownership without the developer’s prior written permission.

23. Privacy and Data Roles

The developer does not receive, access, host, or store the paintings, photos, or other content that you handle with Paint My. Because the developer never sees or holds your content, the developer does not act as a “controller” or “processor” of it within the meaning of the EU General Data Protection Regulation, the UK GDPR, or equivalent laws. When you use Paint My to create, import, edit, or share content — including photos and images that show or contain personal data about you or other people — you determine the purposes and means of that processing on your own device, and you are solely responsible for its lawfulness and for any data-protection, privacy, publicity, confidentiality, or consent obligations owed to others.

Trader information. MAHTCA GLOBAL, Bechetului, Nr. 26, Malu Mare, Dolj, Romania; Romanian Trade Register: J16/663/2018; VAT / CUI: 39070729; office@mahtca.com. In Romania, you may lodge a complaint with the National Supervisory Authority for Personal Data Processing (ANSPDCP, www.dataprotection.ro); elsewhere, with your local supervisory authority.

24. Security

Paint My is designed to operate locally, but no software, device, operating system, or workflow can be guaranteed to be error-free, uninterrupted, secure, or immune from data loss. You are responsible for securing your Mac — including with a strong login password and, where appropriate, FileVault — for keeping macOS up to date, for maintaining backups, and for controlling who can access your Mac, your paintings, and the information Paint My keeps on it.

25. No Warranty

Paint My is provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the developer and its owners, contributors, licensors, and affiliates disclaim all warranties, representations, and conditions of any kind, whether express, implied, statutory, or otherwise, including the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, non-infringement, availability, uninterrupted or error-free operation, and compatibility with any device, drawing tablet, stylus, operating system, file, app, or service. Without limitation, the developer does not warrant that any painting or change will be preserved, saved, or recoverable; that any action can be undone; that saved, imported, or exported files will be complete, uncorrupted, faithful to the original, or readable by other software; that PSD files will open or export with all their layers and features; that Paint It for Me, Photo to Sketch, Remove Background, or any other automated feature will produce an accurate, complete, or suitable result; that pressure, tilt, or other input from any drawing tablet or stylus will be recognized; or that any purchase will be recognized at all times, including offline.

No oral or written information or advice given by the developer or by Apple creates a warranty. Should Paint My or any function prove defective, you assume the entire cost of any servicing, repair, recovery, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you, and you may have additional rights under the mandatory consumer-protection law of your country of residence. You use Paint My at your own risk.

26. Limitation of Liability

To the maximum extent permitted by applicable law, the developer and its owners, contributors, licensors, and affiliates will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss or damage of any kind, arising out of or relating to Paint My or these Terms, including damages for: (a) loss of, damage to, or corruption of paintings, drawings, photos, files, originals, layers, changes, custom brushes, backups, or data; (b) failed, partial, delayed, or irreversible saving, autosaving, importing, exporting, combining, replacing, or deleting — including deleted layers, layer changes that cannot be undone, a sample painting opened over your work, and lost undo history — including as a result of app crashes, system crashes, power loss, force-quit, termination by the operating system, system updates, full or disconnected storage, or any other interruption; (c) changes to, loss of layers, features, colour, quality, or detail in, or incompatibility of, imported or exported files, including PSD, PNG, and JPEG files; (d) the content of, or reliance on, any result produced by Paint It for Me, Photo to Sketch, Remove Background, or any other automated feature; (e) the unavailability, locking, or loss of Pro features, free uses, custom brushes, or purchase recognition, including while offline; (f) any claim that content you created, imported, published, or sold with Paint My infringes the rights of others; (g) lost profits, revenue, business, commissions, opportunity, goodwill, or reputation, emotional distress, or business interruption; (h) the acts or omissions of Apple, iCloud, operating systems, file providers, drawing-tablet makers, third-party apps, or other external systems; or (i) any unlawful, negligent, or unauthorized use of Paint My by you or by any third party.

To the maximum extent permitted by applicable law, the developer’s total aggregate liability for all claims relating to Paint My will not exceed the greater of: (a) the amount you paid for the Paint My purchase or subscription from which the claim arises during the twelve months before the event giving rise to the claim; or (b) EUR 25. This cap applies per user and to all of your claims taken together. For free features and free uses, the developer’s liability is excluded to the maximum extent permitted by law. Where liability for loss of data cannot be excluded, it is limited to the typical cost of restoring the data from the backup copies that you should have kept in accordance with Section 2.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intentional misconduct or gross negligence where the law does not permit its exclusion, under mandatory product-liability law, or under the mandatory rights of consumers — including the rights of consumers in the European Union regarding the conformity of digital content and services under Directive (EU) 2019/770 and its national implementations.

27. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the developer and its owners, contributors, licensors, affiliates, officers, employees, agents, and successors (the “Indemnified Parties”) from and against all claims, demands, investigations, regulatory inquiries, enforcement actions, liabilities, damages, judgments, awards, fines, penalties, losses, costs, and expenses, including reasonable legal fees, expert fees, and reasonable internal investigation costs, in any jurisdiction, arising from or relating to: (a) your use, misuse, or inability to use Paint My; (b) the paintings, images, and other content you create, import, edit, export, publish, sell, share, save, or delete with Paint My, and their content; (c) your violation of these Terms or the Acceptable Use Policy; (d) your violation of any law, regulation, court order, contract, or third-party right, including intellectual-property, privacy, data-protection, publicity, and confidentiality rights, and including the EU GDPR, the UK GDPR, the California Consumer Privacy Act and California Privacy Rights Act, the Brazilian LGPD, the Chinese Personal Information Protection Law, the Indian Digital Personal Data Protection Act, the Australian Privacy Principles, and the Canadian PIPEDA; (e) any claim by a person whose photo, artwork, design, trademark, personal data, or likeness you used or processed with Paint My, or who is shown in content you created with it; (f) any forged, counterfeit, altered, or misleading image, document, signature, or work of art, or any content you represent as original, unaltered, authentic, or the work of another person; (g) your reliance on any content or output of Paint My; (h) your use of Paint My in connection with employment, commercial, client, professional, journalistic, fiduciary, or other obligations owed to any third party; or (i) any chargeback, payment dispute, or fraudulent transaction initiated by you.

The Indemnified Parties may, at their option and at your expense, assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate. You must not settle, compromise, or admit liability in any such matter without the developer’s prior written consent, and you must promptly notify the developer at office@mahtca.com of any actual or threatened claim. To the maximum extent permitted by applicable law, these obligations apply whether or not the underlying claim is ultimately found to be valid, frivolous, or without merit, and they survive your deletion of Paint My and any termination of these Terms.

28. Product Claims

You and the developer acknowledge that the developer, not Apple, is responsible for addressing any claims by you or any third party relating to Paint My or your possession and use of it, including: (a) product-liability claims; (b) any claim that Paint My fails to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer-protection, privacy, or similar legislation; and (d) claims relating to saving, importing, exporting, automated results, or app performance. This Section does not make the developer liable for any claim or damage that is excluded or limited elsewhere in these Terms to the maximum extent permitted by applicable law.

29. Intellectual Property Claims

If a third party claims that Paint My or your possession and use of it infringes that party’s intellectual-property rights, the developer, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim, subject to these Terms and applicable law. You must promptly notify the developer of any such claim and must not admit liability or settle it without the developer’s prior written consent. This Section does not apply to claims about content you create, import, or publish with Paint My, which are your responsibility under Sections 12, 21, and 27.

30. Apple Warranty Acknowledgement

If Paint My fails to conform to any applicable warranty that cannot legally be disclaimed, you may notify Apple, and Apple will refund the purchase price for Paint My, if any, in accordance with Apple’s rules. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to Paint My, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the developer’s responsibility only to the extent required by applicable law and subject to these Terms.

31. Export and Legal Compliance

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; (b) you are not listed on any U.S. Government list of prohibited or restricted parties; and (c) your use of Paint My complies with all applicable export-control, sanctions, and trade laws, including those of the European Union and Romania, and with all applicable data-protection, privacy, intellectual-property, and consumer-protection laws. You may not use, export, re-export, import, sell, release, or transfer Paint My except as permitted by applicable law and these Terms.

United States Government end users. Paint My and its documentation are “Commercial Items,” as defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” licensed to United States Government end users only as Commercial Items and with only the rights granted to all other end users under these Terms.

32. Apple Third-Party Beneficiary

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

33. Availability, Updates, and Feature Changes

The developer may update, modify, suspend, remove, replace, or discontinue Paint My or any feature, brush, surface, or free use at any time, subject to applicable law and Apple’s rules. Updates may change how Paint My draws, paints, opens, saves, imports, or exports paintings and files, and brushes may behave or look different after an update. Some features depend on your Mac’s capabilities, the version of macOS, available memory and storage, drawing tablets and their drivers, your iPhone or iPad, or third-party services. The developer does not guarantee that Paint My or any feature will remain available, compatible, unchanged, or supported. Keep copies of your paintings before installing any update to Paint My or macOS.

34. Events Outside the Developer’s Control

The developer is not liable for any delay, failure, partial performance, data loss, interruption, unavailability, degraded performance, loss of access, loss of purchase recognition, or other adverse outcome caused in whole or in part by events or conditions outside its reasonable control, including: acts or omissions of Apple, the App Store, the Apple Developer Program, or Apple’s in-app purchase, iCloud, or Continuity Camera services; changes, deprecations, or removals in operating systems, services, file formats, or device capabilities; failures of hardware, storage, drawing tablets, third-party apps, file providers, cloud services, or networks; malware, cyber attacks, or unauthorized access; natural disasters, epidemics, war, civil unrest, or terrorism; governmental, regulatory, or judicial action; power, utility, or internet failures; labour disputes; and failures of payment processors or App Store billing systems. During any such event, the developer may suspend, restrict, or modify any feature without prior notice and without liability, and is under no obligation to provide refunds, credits, or compensation except where required by applicable law.

35. Professional, Regulated, and High-Risk Use

Paint My is a general-purpose consumer application for drawing and painting. It is not designed, tested, or certified for use where its failure, an error in an image, or the loss of a painting could lead to death, personal injury, serious environmental or property damage, or significant financial, legal, or regulatory consequences. It is not designed for medical, scientific, forensic, or evidential imaging, for colour-critical proofing or print production, or as a records-management, archiving, legal-hold, or evidence-preservation system, and its automated features are not suitable for identifying people or objects. If you use Paint My in connection with commercial, client, publishing, legal, medical, financial, governmental, regulated, or other professional work, you do so at your own risk and remain solely responsible for verifying every file and result, for meeting your deadlines and your professional, contractual, record-keeping, retention, and confidentiality obligations to clients and others, and for keeping your own copies and backups.

36. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the developer’s prior written consent, except where prohibited by applicable law. The developer may assign or transfer these Terms in connection with a merger, acquisition, restructuring, sale of assets, transfer of the app, change of control, or similar transaction, subject to applicable law.

37. Changes to These Terms

The version of these Terms published at www.paintmy.mahtca.com/terms/ is the authoritative and binding version, and it is the version Paint My links to. Any copy made available elsewhere, for example on the App Store, is provided for your convenience and may lag the published version; where they differ, the published version controls.

The developer may update these Terms to reflect changes in Paint My, applicable law, Apple’s requirements, or its practices. When it does, the version number and effective date change. Where a change materially affects your rights, the developer will use reasonable efforts to inform you before it takes effect, for example within Paint My or on its website, and may ask you to agree to the updated Terms before you continue to use Paint My. If you do not accept an update, your remedy is to stop using and delete Paint My. These principles apply equally to the Privacy Policy and the Acceptable Use Policy.

38. Governing Law and Jurisdiction

These Terms, and any dispute arising out of or in connection with them or with your use of Paint My, are governed by the laws of Romania, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980) does not apply. The courts of Dolj County, Romania, have non-exclusive jurisdiction over any such dispute.

Nothing in this Section deprives you of the protection of the mandatory consumer-protection rules of the country in which you reside. Consumers in the European Union, the European Economic Area, and the United Kingdom may rely on those rules and may bring proceedings in the courts of their country of residence where those rules allow. Consumers in Romania may also contact the National Authority for Consumer Protection (ANPC, anpc.ro), including about alternative dispute resolution.

39. Severability and No Waiver

If any part of these Terms is found to be invalid, illegal, or unenforceable, that part will be enforced to the maximum extent permitted by law or modified to achieve the closest lawful effect, and the remaining parts will remain in full force and effect. No failure or delay by the developer in exercising any right or remedy operates as a waiver of it.

40. Entire Agreement

These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and the developer regarding Paint My and supersede any prior or contemporaneous agreements on that subject. Apple’s terms, App Store rules, and applicable third-party terms may also apply separately.

41. Language

These Terms may be translated for convenience. If there is a conflict between a translation and the English version, the English version controls, except where applicable law requires otherwise.

42. Your Acknowledgement

By downloading, installing, opening, purchasing, or using Paint My, you acknowledge that you have read, understood, and agreed to these Terms. In particular, you acknowledge that Paint My cannot guarantee that your paintings or the changes you make to them will be preserved; that crashes, power failures, and other interruptions can damage or destroy paintings, including while they are being saved; that some actions, such as deleting a layer or opening a sample painting over your work, cannot be undone; that exports and PSD files may not keep everything in your painting; that the results of Paint It for Me, Photo to Sketch, and Remove Background are automated and may be imperfect, and that you need the rights to the photos you use; that you will keep copies of important paintings and regular backups; and that you accept these risks. If you do not agree, do not use Paint My.