Welcome to upgrade.food ("App"), a mobile application operated by Revender ("Company", "we", "us", or "our"). These Terms & Conditions ("Terms") govern your use of the App and the services provided therein.

Company Information:

• Name: Revender

• NIP (Tax ID): 7422230140

• REGON: 524106744

• Contact: support@upgrade.food

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, please do not use the App.

1. Description of Services

upgrade.food is an AI-powered photo editing application that allows users to upload or take photos of food and edit them using generative AI technology (via Google Gemini API) into selected scenes.

• AI Processing: You acknowledge that the photo processing is performed by Artificial Intelligence. While we strive for high quality, AI results may vary, and we do not guarantee that the output will be error-free or meet specific artistic expectations in every instance.

• Local Storage: Processed images are stored locally on your device.

2. Intellectual Property & Commercial Use

• User Content: You retain ownership of the original photos you upload.

• Commercial Rights: Upon successful processing of an image using our paid services (Subscription or Credits), we grant you full commercial rights to the resulting generated image. You may use the edited photos for marketing, menus, social media, and other commercial purposes.

• App IP: The App itself, its design, code, and "upgrade.food" brand are the property of Revender.

3. Subscriptions and Payments

The App utilizes RevenueCat to manage subscriptions and payments. All payments are processed through your Apple ID account.

A. Free Trial

• We offer a 3-day free trial which includes 5 free edits.

  To activate the trial, you must subscribe. You will not be charged if you cancel at least 24 hours before the trial period ends.

  If you choose to upgrade to the full paid plan during the trial, any unused portion of the trial period will be forfeited.

B. Auto-Renewable Subscription (Pro Plan)

• Cost: $29.99 USD per month or $179.99 USD per year (or equivalent in local currency).

  Benefits: Access to 50 edits per month.

  Renewal: The subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

  Unused Credits: Unused edits from the monthly subscription allowance do not roll over to the next month. They expire at the end of the billing cycle.

  Cancellation: You can cancel your subscription anytime via your Apple ID settings. You will continue to have access to the service until the end of your current billing period.

  
  

• The following subscription plans provide additional monthly credits ("Subscription Credits") as add-ons to the standard Pro subscription. An active Pro subscription is required to purchase and maintain any of the plans described below.

  Additional Subscription Plans and Pricing:

  • •Pro +10 (10 Additional Credits per month, 60 total) – Available monthly and annually

  • •Pro +50 (50 Additional Credits per month, 100 total) – Available monthly and annually

  • •Pro +100 (100 Additional Credits per month, 150 total) – Available monthly and annually

  Prices are billed on a recurring basis and are subject to applicable taxes. Actual pricing varies by region and is displayed in the app.

  Monthly Renewal: Additional Subscription Credits are allocated monthly and automatically renewed at the beginning of each billing cycle. Unused credits expire at the end of the billing period and do not roll over to subsequent months.

  Plan Upgrades: If a User upgrades to a higher additional credit tier during an active billing cycle:

  • •Any unused Additional Subscription Credits from the previous tier will be retained.

  • •Additional credits associated with the higher-tier plan will be added immediately upon upgrade.

  • •The billing cycle and renewal date remain unchanged.

  • •At the beginning of the next billing cycle, the User will receive the full monthly allocation of Additional Subscription Credits corresponding to the upgraded tier.

  Credit Validity: Additional Subscription Credits are valid only within the billing cycle in which they are issued and expire automatically upon renewal of the subscription cycle.

4. User Accounts and Conduct

• Account Deletion: You have the right to delete your account at any time within the App settings. Deleting your account will remove your user data from our records. Please note that locally stored photos on your device will remain on your device, but subscription history linked to the account may be lost.

• Prohibited Content: You agree not to upload images that are illegal, offensive, pornographic, or violate the rights of others. We reserve the right to suspend accounts violating this policy.

5. Third-Party Services

We use third-party services to operate the App. By using the App, you acknowledge the use of:

• Google Gemini API: For image processing.

• RevenueCat: For payment infrastructure.

• AppsFlyer: For advertising attribution and analytics.

6. Disclaimer of Warranties

The App is provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, regarding the App, including accuracy of AI results or availability of the service.

7. Limitation of Liability

To the maximum extent permitted by law, Revender shall not be liable for any indirect, incidental, or consequential damages arising from your use of the App.

8. Governing Law

These Terms are governed by the laws of Poland.