Privacy Policy

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.

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.

1.1. 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.

2.1. 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.

3.1.1. 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.

4.1.1. 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.

5.1. 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, provided by the User for public display, or otherwise designated by the User as Publicly Published Creator Content as described in §5A.

5A.1. “Publicly Published Creator Content” means any photograph, image, video frame, caption, title, description, tag, hashtag, profile field, or other material that a Creator (as defined in §13.1.1) has affirmatively elected to make publicly available through the Service, including: (a) Reference Photo Sets published to the Creator Marketplace; (b) photos delivered to ApiWay through any onboarding or upload channel (web bulk upload, direct-message upload to an ApiWay-operated Instagram channel, in-product upload form, or API) after the Creator has accepted the marketplace content-license consent; (c) Instagram posts ingested under §5B.2 below; (d) the Creator’s public storefront/profile page on the Service; (e) buyer-generated AI Output that the Creator has elected to pin, feature, or otherwise display on the Creator’s public profile; and (f) any other material the Creator has marked as public through the Service.

5A.2. “Private Content” means content that is not Publicly Published Creator Content, including (without limitation): (a) a Brand User’s own product photographs uploaded to generate AI Output for the Brand’s internal commercial use (such as ghost-mannequin and AI-photoshoot inputs); (b) account-internal assets, drafts, and saved presets; (c) generation inputs not affirmatively published to the Marketplace or to a public profile; (d) inbound DM bodies, integration content, and support correspondence; and (e) any other content the User has not designated as public. Private Content is not subject to §5C, §5D, or §5E and continues to be processed under §5.1, §6, §7, and §12.

5B.1. Direct upload. Creators upload Publicly Published Creator Content through the Service’s web upload interface, through direct messages to ApiWay-operated Instagram channels, and through any other upload surface the Service exposes from time to time.

5B.2. Instagram automated import — separate consent layer. ApiWay treats the Meta OAuth scopes that a Creator grants when connecting an Instagram account as authorization to call the Instagram Graph API on the Creator’s behalf, and nothing more. Automated import of the Creator’s Instagram media into the Service’s public marketplace requires a second, explicit marketplace content-license consent, which is presented to the Creator as a distinct action: (a) in the DM onboarding gate when the Creator first interacts with an ApiWay-operated Instagram channel (the bot’s first substantive message describes the marketplace publication, the Pinterest mirror, the AI-analysis use, and the opt-out controls before requesting an “Agree & continue” tap); (b) at the in-product Instagram-connection step that initiates the auto-sync feature (the connection screen describes the same items before the Creator confirms); and (c) on the web bulk-upload modal. Without that second consent, the Service does not auto-import the Creator’s Instagram posts. Once both layers (Meta OAuth + marketplace content-license consent) are in place, ApiWay periodically and automatically retrieves the Creator’s newly published Instagram media via the Meta Graph API on a recurring schedule and ingests each new post as Publicly Published Creator Content under §5C. The Creator’s previously published Instagram posts may, at the Creator’s request via the in-product or in-DM “Auto upload” / backfill control (each of which presents a fresh confirmation step), be enqueued for gradual drip-fed import. Automated import continues only while both consent layers remain active and may be paused or stopped at any time by disconnecting the Instagram account, by toggling the in-product auto-sync setting, or by emailing [email protected].

5B.3. Instagram caption-mention indexing. Where an Instagram user publishes a post whose caption tags an ApiWay-operated Instagram account, Meta delivers the post identifier to ApiWay via the standard mentions webhook. ApiWay records the mapping between that post identifier and its owner solely (a) to attribute referral credit to the Creator who tagged ApiWay, and (b) to recognize the same post if a third party later forwards it to an ApiWay DM channel. ApiWay does not store the photographic content of foreign mentioning posts and does not query Meta for foreign posts that have not tagged ApiWay.

5B.4. Buyer-generated AI Output linked to Creator’s reference set. AI Output produced by a Buyer using a Creator’s Reference Photo Set may, at the Creator’s election, be displayed on the Creator’s public storefront/profile as a Publicly Published Creator Content tile, with Buyer attribution suppressed.

5B.5. Web bulk upload. Creators may upload up to thousands of photographs in a single session via the bulk-upload modal, which presents a single consent step covering all subsequently-staged photos in the session and (where the Creator so configures) all future sessions.

5B.6. Photos sent to ApiWay-operated DM channels are treated as marketplace uploads. Once a Creator has accepted the DM consent gate referenced in §5B.2(a) and §5F, any photograph subsequently sent by the Creator to an ApiWay-operated Instagram channel as direct-message media is treated by the Service as an affirmative upload by the Creator for publication on the Creator’s public Apiway marketplace storefront. ApiWay buffers carousel uploads, automatically prices the resulting listing using the Creator’s saved default price (or, where none has been set, the floor price defined in product configuration), confirms publication via one or more DM bubbles identifying the new listing on the Creator’s public profile, and exposes per-listing hide / unpublish controls in the Studio interface and via subsequent DM commands. The Creator may at any time withdraw any individually-published listing under §5E.1, may reset the saved default price by replying with a new number, and may stop further DM uploads from being treated as marketplace uploads by withdrawing the underlying consent or by disconnecting from the ApiWay-operated channel.

5C.1. Automated AI analysis and moderation. ApiWay subjects each item of Publicly Published Creator Content to automated computer-vision and language-model analysis, including (without limitation) Google Gemini vision calls or equivalent or successor Third-Party Providers, to (a) generate titles, descriptions, captions, alternative-text, tags, structured data, and other catalog/discovery materials; (b) extract scene, garment, color, composition, and aesthetic metadata; (c) classify content for moderation purposes (including detection of minors, explicit content, and group/third-party-consent considerations); and (d) automatically activate, deactivate, hold for review, or otherwise modify the public availability of a Marketplace Listing where moderation signals require. Automated moderation may unpublish or block content without prior notice. The Creator’s recourse against any moderation decision is the consent-curation and admin-review surfaces described in §5J and the statutory rights preserved in §9.

5C.2. Public SEO catalog pages. ApiWay publishes the materials generated under §5C.1 on ApiWay-operated public web pages, including (without limitation) the Creator’s public storefront at /<nickname>, individual listing pages, frame-level pages, category and topic pages, sitemap entries, JSON feeds, RSS/Atom feeds, JSON-LD structured data, and llms.txt and ai.txt machine-readable surfaces, for the purpose of attracting search-engine and AI-engine traffic to the Creator’s profile and to the Service.

5C.3. Distribution on ApiWay-operated channels on third-party platforms. ApiWay may republish, mirror, syndicate, cross-post, repost, and otherwise distribute Publicly Published Creator Content, in whole or in part and in original or AI-transformed form, on social-media accounts, channels, boards, feeds, profiles, and properties operated, controlled, or used by ApiWay on third-party platforms, including (without limitation) Pinterest, Instagram, YouTube, TikTok, X (Twitter), Facebook, LinkedIn, Threads, and any equivalent, successor, or additional platform. The purpose is to attract traffic back to the Creator’s public profile on the Service and to the Service generally. Where the destination platform supports attribution, ApiWay will identify the originating Creator. ApiWay retains full discretion over which Publicly Published Creator Content is distributed, on which platforms, in which formats, at which times, and whether to continue or discontinue distribution at any time.

5C.4. AI model development, training, and evaluation. ApiWay may use Publicly Published Creator Content — alone or in combination with other lawfully obtained data — to develop, train, fine-tune, evaluate, benchmark, validate, and improve artificial-intelligence and machine-learning models, embeddings, classifiers, ranking systems, moderation systems, recommendation systems, and datasets operated by or on behalf of ApiWay for the operation, security, quality, and improvement of the Service. Such use may include, where lawful and technically appropriate, transmitting Publicly Published Creator Content to Third-Party Providers acting under contractual obligations consistent with this Policy. Private Content (as defined in §5A.2) is not used for the training, fine-tuning, evaluation, or benchmarking of ApiWay-operated models and continues to be processed by Third-Party AI Providers under the no-training-tier arrangements described in §12.

5C.5. Indexing, ranking, search, and recommendation. ApiWay may index, rank, score, score-derive, recommend, surface, hide, demote, promote, A/B test, and otherwise organize the visibility of Publicly Published Creator Content on the Service.

5C.6. Content preservation on deletion (“house” profiles). Where a Creator deletes a Marketplace Listing or the Creator’s account, ApiWay may, at its discretion and subject to the master operational flag in effect at the time, re-home the textual body of the affected Publicly Published Creator Content (title, descriptions, captions, structured-data fields, slugs) onto a thematic ApiWay-owned “house” profile (such as /fashion-looks or /amazing-images) and 301-redirect the original public URLs to the new house-profile URLs, in order to preserve organic-search equity already accrued to those URLs. Where re-homing occurs, ApiWay may also regenerate new images for each frame slot via AI text-to-image, explicitly steered away from reproducing the deleted Creator’s likeness or that of any third party originally depicted; no original Creator photograph is passed to the regeneration model as a reference. House-profile re-homing is independent of, and does not delay or block, the deletion of the original underlying records (including the Creator’s account data), which proceeds in accordance with §7 and applicable statutory rights.

5D.1. None of §5C.1 (other than narrow technical processing strictly required to deliver the requested AI Output to the User), §5C.2, §5C.3, §5C.4, §5C.5, or §5C.6 applies to Private Content. In particular, Private Content is not republished to third-party platforms operated by ApiWay, is not used to generate public SEO catalog pages, and is not used to train, fine-tune, evaluate, or benchmark any ApiWay-operated AI/ML model.

5E.1. Withdrawal mechanics. A Creator may at any time withdraw all or part of their Publicly Published Creator Content from public display on the Service (by unpublishing a Marketplace Listing, hiding individual frames, disconnecting the Instagram connection, or deleting the Creator’s account) and may request removal of distributed copies from ApiWay-operated accounts on third-party platforms by (a) emailing [email protected]; (b) using available in-product controls; or (c) sending a direct message to the ApiWay-operated Creator-support channel on Instagram.

5E.2. ApiWay’s commitment. Upon receipt of a withdrawal request, ApiWay will use commercially reasonable efforts, within a commercially reasonable time and to the extent the destination third-party platform permits programmatic deletion, to (a) cease further distribution of the affected Publicly Published Creator Content on ApiWay-operated channels on third-party platforms; (b) remove or delete previously distributed copies of the affected content from those channels; and (c) cease ingestion of further Instagram posts under §5B.2 once the Instagram connection has been disconnected or auto-sync has been disabled.

5E.3. Real-world limits. ApiWay cannot guarantee, and is not responsible for: (i) the removal of copies, reshares, screenshots, embeds, downloads, scrapes, archives, search-engine caches, AI-engine retrieval caches, or derivative works made by other Users, third parties, or platforms not controlled by ApiWay; (ii) the reversal of any improvement to, statistical signal incorporated into, or training increment derived from any AI/ML model previously trained, fine-tuned, evaluated, or benchmarked on the affected content under §5C.4 prior to the withdrawal request; or (iii) the destruction of audit logs, billing records, dispute-resolution records, and similar operational records required to be retained under §7 or by applicable law. Withdrawal does not affect, terminate, or revoke any commercial license already granted to a Buyer under §13.3.

5E.4. Statutory rights preserved. Nothing in §5A–§5F limits the Creator’s statutory rights under applicable data-protection law (including the right to erasure under Article 17 GDPR, the deletion right under the California Consumer Privacy Act / CPRA, and equivalent statutory rights in other jurisdictions), which continue to apply and are addressed in §9 and §13.4.1.

5F.1. By registering an account on the Service, by accepting the marketplace content-license consent at any upload, publish, or onboarding step, by connecting an Instagram account to the Service, by sending photos to an ApiWay-operated Instagram channel, by checking any “I agree” / “Agree and publish” box, or by otherwise affirmatively making content publicly available through the Service, the User: (a) confirms that the User has read and understands §5A–§5N of this Policy and §3A of the Terms of Use; (b) consents to the processing, distribution, AI analysis, and AI model-training uses described in §5C; (c) grants ApiWay the license described in §3A of the Terms of Use; and (d) represents that the User has the necessary rights to grant such consent and license under §13.2, §5H and, where applicable, under §10.

5F.2. The consents and license described in §5F.1 are an essential commercial condition of the Service. Without them, ApiWay could not provide the public storefront, the Creator Marketplace, the SEO catalog surfaces, the affiliate-payout traffic-generation mechanism, the Instagram automated-import feature, the cross-platform distribution feature, or the AI-quality improvement loop that the Service is designed to deliver. A User who does not wish to grant these consents may use only the Service’s Private Content features (such as Brand AI generation under §5A.2) and must not publish content to public surfaces.

5G.1. ApiWay may update this Policy from time to time. Each version is identified by an effective date and a version identifier published at the top of the Policy. Material changes that affect the categories of processing described in §5C will be (a) posted on the Site no fewer than thirty (30) calendar days before they take effect; (b) summarized in the publicly maintained changelog at https://studio.apiway.ai/changelog; and (c) where the User has provided an active account email, notified to that email at or before the effective date. Where mandatory applicable law requires a longer notice period for a particular User, that longer period applies to that User.

5G.2. Continuing acceptance. The User’s continued use of the Service after the effective date of a posted update constitutes acceptance of that update with respect to all of the User’s activity on the Service from the effective date forward, including the publication of any further Publicly Published Creator Content (§5A.1) and the continuing operation of any prior connection (including Instagram, Shopify, payment processors, or any other integration).

5G.3. Prior-version grandfather. Publicly Published Creator Content that the User contributed to the Service under a prior version of this Policy that did not authorize a particular category of processing in §5C remains subject to the narrower terms of the prior version with respect to that category, except where (a) the User has subsequently provided an affirmative confirmation through an in-product or in-DM control after the broader version is in effect (e.g., publishing further content under the broader consent, accepting an in-product re-consent prompt, or re-acknowledging the consent at a fresh upload, publish, Instagram-connection, or DM event); or (b) the broader processing is required for the consistent operation, security, moderation, or legal compliance of the Service across all content. The grandfather principle does not affect (i) existing commercial licenses granted to Buyers under §13.3, which continue to be governed by the version of this Policy in force at the time of the corresponding Paid Generation; or (ii) operational records, audit trails, billing ledgers, AI/ML model increments, derived analytics, and similar materials lawfully produced under the version of this Policy in force at the time they were produced.

5G.4. Withdrawal of consent. Where a particular processing operation depends on consent under Article 6(1)(a) GDPR or an equivalent statutory standard, the User may withdraw that consent prospectively at any time under §5E. Withdrawal does not retroactively affect the lawfulness of processing carried out before withdrawal and does not affect ApiWay’s right or obligation to process under any other lawful basis.

5H.1. The User represents, warrants, and continuously confirms, at the time content is uploaded, published, transmitted to an ApiWay-operated channel, imported from an Instagram connection, or otherwise designated as Publicly Published Creator Content under §5A.1, that the User has obtained and continues to hold all necessary rights, licenses, consents, model releases, location releases, brand and trade-dress clearances, and any other permissions required under applicable law from: (a) every identifiable individual depicted in, audible in, or otherwise identifiable from the content, in each jurisdiction in which the User has reason to anticipate the content may be viewed; (b) the parents or legal guardians of any minor depicted in or identifiable from the content; (c) every brand owner, trademark proprietor, designer, artist, premises owner, or other rights-holder whose intellectual property is shown in, audible in, or otherwise identifiable from the content; (d) the estate, heirs, or successor-in-interest of any deceased individual whose likeness, voice, or persona is shown in or identifiable from the content, where mandatory applicable law (including post-mortem rights of publicity, such as California Civil Code §3344.1) requires such consent; and (e) any other person or entity whose rights might otherwise be implicated by the processing described in §5C.

5H.2. The User’s representations under §5H.1 are made for the benefit of ApiWay, its affiliates, its subprocessors, its Third-Party Providers, all Buyers, and all subsequent transferees of derivative AI Output, and are intended to be relied upon by each of them.

5H.3. The User shall defend, indemnify, and hold harmless the ApiWay Parties from and against any and all claims, demands, investigations, proceedings, losses, liabilities, damages, fines, penalties, settlements, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any breach of §5H.1, including any claim by a depicted individual under any right of publicity, privacy, image, personality, post-mortem persona, biometric, or equivalent statute (including California Civil Code §3344 and §3344.1, New York Civil Rights Law §50–51, Tennessee ELVIS Act, Illinois BIPA, and any equivalent state, federal, or foreign statute).

5H.4. Where ApiWay receives a credible complaint from a third party alleging that the User’s content violates §5H.1, ApiWay may, at its sole discretion and without liability to the User, suspend, restrict, hide, unpublish, or delete the affected content pending resolution; require the User to provide documentary proof of the relevant consents within a reasonable period; and, where the User cannot or does not provide such proof, retain the suspension or deletion permanently.

5I.1. The Service is not intended for, and is not knowingly offered to, individuals under the age of sixteen (16) years (or, where the local age of digital consent under Article 8 GDPR is higher, that higher local age). The User represents and warrants that the User is at least sixteen (16) years old (or the higher local age, where applicable) and, where applicable, that the User has obtained verifiable parental or guardian consent under the Children’s Online Privacy Protection Act (“COPPA”), Article 8 GDPR, or any equivalent statutory framework.

5I.2. Where ApiWay becomes aware that an account has been opened by, or that Publicly Published Creator Content has been submitted by, an individual below the applicable age of digital consent, ApiWay will take reasonable steps to delete the account and the content and to notify the relevant supervisory authority where required by law.

5I.3. No minors depicted as subjects. The User shall not upload, publish, transmit, import, or designate as Publicly Published Creator Content any photograph, video frame, or other material in which a minor is the principal or co-principal subject, in any state of dress, with or without the consent of the minor’s parents or legal guardians. Automated content-safety analysis under §5C.1 attempts to detect minors-as-subject and to block or remove such content pre-publication or as soon as practicable post-publication; that automated detection is provided on a best-efforts basis and is not a substitute for the User’s representation in this §5I.3.

5I.4. Background minors. Where a minor appears incidentally in the background of an otherwise compliant photograph and is not the principal or co-principal subject (e.g., a child in the background of a beach photograph of an adult creator), the content may be retained or published; the User nevertheless remains responsible under §5H.1 for any privacy, publicity, or image-rights claim asserted by or on behalf of that minor and shall indemnify the ApiWay Parties under §5H.3.

5I.5. No restoration of minor-detected blocks. Content that the Service’s automated moderation system has blocked or unpublished because it detected a minor as a principal or co-principal subject is not eligible for administrative restoration. The User’s exclusive recourse is to request a manual review under §5J at the time of the block; thereafter the block is final.

5I.6. Reporting endpoint for content concerning minors. Any third party, including a parent, legal guardian, supervisory authority, or law-enforcement agency, may report content believed to depict a minor unlawfully by emailing [email protected] with the subject line “Child-safety report” or by using any in-product reporting control where available. ApiWay cooperates with the National Center for Missing & Exploited Children (NCMEC) and equivalent authorities under applicable law.

5J.1. ApiWay applies automated content-safety analysis to all uploaded content for the purposes described in §5C.1. The automated system may suspend, restrict, hide, unpublish, or delete content based on detected signals (including, without limitation, detection of minors, explicit content, third-party-consent considerations, intellectual-property risk signals, and platform-rule signals). Some categories of detected content are terminal under §5I.5 and §5C.1; others are reviewable.

5J.2. Statement of reasons. Where the User is the recipient of a moderation action affecting content the User has uploaded, ApiWay will, to the extent required by Regulation (EU) 2022/2065 (the Digital Services Act) or any equivalent statutory framework applicable to the User, provide a clear and specific statement of reasons identifying (a) the moderation action taken; (b) the factual basis of the action (e.g., the detected signal); (c) the legal or contractual basis under this Policy, the Terms of Use, or applicable law; and (d) where available, the route to internal complaint and out-of-court dispute settlement under §5J.3.

5J.3. Internal complaint mechanism. A User who disputes a moderation action may file a complaint within six (6) months of the action by emailing [email protected] with the subject line “Moderation complaint” and the affected listing identifier. ApiWay will review complaints within a reasonable period, ordinarily within fourteen (14) calendar days, and will issue a reasoned decision. The User’s right to pursue out-of-court dispute settlement under DSA Art 21 (where applicable) and to seek judicial redress is preserved.

5J.4. Fail-closed behavior. The User acknowledges that, where the automated content-safety system encounters an analysis failure, refuses a classification call, or returns an inconclusive signal, ApiWay will treat the analysis as having detected a prohibited condition and will suspend, restrict, hide, unpublish, or delete the affected content. The User accepts this fail-closed posture as a reasonable and proportionate safety mechanism and waives any claim that fail-closed treatment of a particular item of content constitutes a breach of this Policy or of the Terms of Use, provided the User retains the rights in §5J.2 and §5J.3.

5K.1. ApiWay operates from time to time an affiliate, referral, creator-pool, and similar revenue-share program (collectively, the “Economic Programs”), the current mechanics of which are documented at https://studio.apiway.ai/docs/creators/affiliate-payouts and equivalent documentation pages.

5K.2. Modification rights. ApiWay may modify any parameter of the Economic Programs at any time, including ratios, caps, windows, eligibility, floor pricing, currency, payment mechanism, attribution rules, anti-fraud rules, and sunset of any program in whole or in part. Modifications are prospective only: payouts accrued and recognized under the parameters in effect at the time of the underlying generation are honored at those parameters, and modifications apply to generations processed on or after the effective date of the modification.

5K.3. “Lifetime” descriptive only. Where ApiWay or its marketing materials describe a particular referral commission as available “for the lifetime” of a referred account, the term “lifetime” means “for the duration during which the Service offers the relevant Economic Program at the relevant ratio under the parameters in effect at the time of each underlying generation.” It does not constitute a perpetual contractual commitment, a fixed-rate guarantee, or a representation that the Economic Program will continue at any particular ratio or at all. ApiWay’s right to modify under §5K.2 is unrestricted.

5K.4. Anti-circumvention. The User shall not (a) operate, control, or coordinate multiple accounts for the purpose of obtaining self-referral payouts, sock-puppet payouts, or fraudulent attribution credit; (b) attempt to manipulate referral-token allocation, signup-attribution timing, or first-touch attribution windows; (c) misrepresent identity, residency, or eligibility under the Economic Programs; or (d) otherwise act in bad faith to obtain payouts not earned under the rules in effect. ApiWay may, at its sole discretion, withhold, reverse, or claw back any payout that ApiWay reasonably believes was obtained in violation of this §5K.4 and may suspend or terminate the offending account.

5K.5. Account termination and accrued balances. Accrued but unredeemed balances under the Economic Programs are forfeited upon account termination for breach of this Policy or the Terms of Use, subject to any mandatory protection of accrued earnings under applicable consumer-protection law in the User’s jurisdiction. Where mandatory law requires payment of accrued balances on termination, ApiWay will pay the lawful amount net of any sums owing from the User to ApiWay.

5K.6. Attribution-mechanic disclosures. The User acknowledges that referral attribution depends on browser cookies, signed deeplink tokens, session storage, in-DM token parsing, and similar mechanisms, each of which can fail under ordinary technical conditions (cookie blocking, expired sessions, malformed tokens, token collisions, intermediate redirects, or end-user device restrictions). The User accepts the risk of such ordinary failures and waives any claim arising solely from a failure of the attribution mechanism to record a referral, provided ApiWay has implemented the mechanism in good faith.

5L.1. A current categorical list of subprocessors and their general functions is published at https://studio.apiway.ai/legal/subprocessors. The list identifies categories such as cloud and hosting infrastructure, payment processing, transactional email, content-delivery, AI generation and analysis, content moderation, storage, analytics, observability, and customer-support tooling. ApiWay may add, remove, combine, or substitute subprocessors in any category at any time, subject to maintaining contractual obligations consistent with this Policy.

5L.2. International transfers. ApiWay is established in the United States and processes data in the United States and other countries. Where required, transfers from the European Economic Area, the United Kingdom, Switzerland, or any jurisdiction with an analogous cross-border-transfer regime are made under (a) the European Commission’s Standard Contractual Clauses (Decision 2021/914), with any required addendum or IDTA; (b) UK International Data Transfer Agreement; (c) Swiss-equivalent contractual safeguards; or (d) any successor mechanism recognized under applicable law.

5L.3. Data-protection contact; EU/UK representative. Inquiries regarding data protection, including requests under Articles 15–22 GDPR and equivalent CPRA/CCPA rights, may be addressed to [email protected] with the subject line “Data-protection request.” Where ApiWay is required under Article 27 GDPR or Article 27 UK GDPR to designate a representative, or under Article 37 GDPR to designate a Data Protection Officer, the designated contact details are made available upon written request to the address above and will be published on this page as those designations are made.

5M.1. ApiWay applies technical and organizational measures designed to protect Personal Data and Integration Content, including encryption in transit, access controls, segregation of duties to the extent practicable, and routine security review. The specific measures in effect at any time are calibrated to the sensitivity of the data, the state of the art, the cost of implementation, and the risks of varying likelihood and severity for the rights and freedoms of data subjects, consistent with Article 32 GDPR.

5M.2. No system is perfectly secure. The User acknowledges that no information system can be guaranteed to be one hundred per cent secure or free of error and that the security measures described in §5M.1 are commitments of practice and process, not warranties of result. To the maximum extent permitted by applicable law, the User waives any claim that a security incident affecting the Service automatically constitutes a breach of this Policy or of the Terms of Use, provided ApiWay has implemented and maintained the measures described in §5M.1 in good faith.

5M.3. Breach notification. In the event of a Personal Data breach as defined in Article 4(12) GDPR or an equivalent definition under applicable law, ApiWay will (a) notify the competent supervisory authority within seventy-two (72) hours of becoming aware of the breach where required by Article 33 GDPR or equivalent statute; (b) notify affected Users without undue delay where required by Article 34 GDPR or equivalent statute (including U.S. state breach-notification laws); and (c) take reasonable steps to mitigate harm.

5M.4. Logs and operational data. Diagnostic logs, error traces, request and response metadata, and similar operational data may contain references to Personal Data (including, e.g., upload paths, prompt strings, and identifiers). ApiWay applies reasonable measures to limit and protect such data and retains it only for the operational and security purposes described in §5.1.4 and §7.

5N.1. This Policy, together with the Terms of Use and any order forms or specific schedules expressly incorporated by reference, constitutes the entire agreement between the Parties with respect to the processing of Personal Data and other content through the Service and supersedes all prior or contemporaneous representations, statements, undertakings, marketing materials, blog posts, knowledge-base articles, social-media posts, FAQs, sales conversations, support correspondence, in-product copy, DM-bot copy, and any other communication or material, whether written or oral, made by or on behalf of ApiWay or by any of its officers, employees, contractors, agents, or representatives.

5N.2. Explanatory-document priority. Without limiting §5N.1, where any statement made in any explanatory, descriptive, marketing, educational, support, or in-product material outside this Policy (including, without limitation, any prior version of this Policy itself superseded under §5G) appears to differ in scope, meaning, or effect from this Policy, the text of this Policy as in force from time to time controls, except to the extent the differing statement is more favorable to the User and the User affirmatively elects to rely on it in a specific communication to ApiWay.

5N.3. Provider and feature flexibility. Any reference in this Policy, in the Terms of Use, or in any explanatory material to a specific Third-Party Provider, model, integration, platform, feature, pricing, ratio, parameter, schedule, cadence, frequency, or other operational specification (including, by way of example only, references to “Google Gemini,” “Pinterest,” “Instagram,” “approximately every five minutes,” “one credit equals one cent,” and any specific percentage of margin) is illustrative and operational, not contractual. ApiWay may add, modify, suspend, replace, substitute, restructure, or discontinue any such specification at any time under §5G and §3A.9 of the Terms of Use, without thereby breaching this Policy, the Terms of Use, or any prior explanatory statement.

5N.4. No reliance on marketing claims. The User acknowledges that any decision to register for, use, continue using, publish to, or otherwise rely on the Service has been made on the basis of this Policy and the Terms of Use, and not on the basis of any other representation, statement, projection, or undertaking. The User waives, to the maximum extent permitted by applicable law, any claim of misrepresentation, negligent misstatement, deceit, or estoppel founded on any statement made outside this Policy and the Terms of Use, except where (a) the statement was made with actual fraudulent intent or (b) the waiver itself would be unenforceable under mandatory applicable law (including the California Consumer Legal Remedies Act for in-jurisdiction California consumers, where applicable).

5N.5. Acknowledgement recitals. The User expressly acknowledges and accepts each of the following, and shall not later claim ignorance of any of them: (a) ApiWay-operated AI and machine-learning models trained, fine-tuned, evaluated, or benchmarked under §5C.4 cannot be cleanly caused to “forget” any specific training increment, and erasure of a training increment is not technically feasible with current state-of-the-art machine-learning; (b) ApiWay-operated channels on third-party platforms (currently including, by way of example, ApiWay’s Pinterest account) are owned and operated by ApiWay, not by the User, and the User has no direct account relationship with, claim against, or contractual recourse against any such third-party platform with respect to ApiWay-published content on those channels; (c) Publicly Published Creator Content is indexed by general-purpose and AI-engine crawlers, the operations of which are outside ApiWay’s control, and copies, caches, scrapes, screenshots, embeds, and republications made by such crawlers or by independent third parties cannot be reached or revoked by ApiWay; (d) automated moderation under §5C.1 and §5J operates on a publish-then-pull or hold-pending-review basis depending on the detected signal, which means that in some configurations content is briefly publicly visible before being pulled; (e) the SHA-256 hash of any image the User has previously uploaded is retained by the Service after that image is deleted, solely for the purpose of preventing re-upload of identical content under the same account, and is treated as Personal Data subject to the same rights as other Personal Data under §9; and (f) the User has read and accepts §5C.4 (AI training on publicly published creator content), §5C.6 (house-profile re-homing on deletion), §5K (Economic Programs modification rights), and §5J.4 (fail-closed automated moderation).

5N.6. Severability of acknowledgements. If any acknowledgement in §5N.5 is held by a competent court or regulator to be unenforceable as against a particular User in a particular jurisdiction, the affected acknowledgement shall be reformed to the minimum extent necessary to be enforceable while best preserving its original protective intent, and the remaining acknowledgements shall continue in full force and effect.

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 (see §5M.3 for the specific notification framework).

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.

8.1. 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 (see also §5L.2).

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 at /legal/subprocessors.

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.

10.1. 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 (see also §5H).

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.

11.1. 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 under the procedure in §5G. Where §5G is more specific than this §11.4 (including with respect to material-change notice), §5G controls.

11.5. Contact. ApiWay, Inc., Delaware, USA. Email: [email protected].

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.

13.1. 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 §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), and the new sections 5A–5N and 5L, 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.