Terms of Use

Effective Date: May 18, 2025
Last Updated: June 2, 2025

Please read these Terms of Use (“Terms”, “Agreement”) carefully before using the Profanally mobile application (“the Service”) operated by an individual developer (“we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Service.

1. Acceptance of Terms

1. By downloading, installing, accessing, or otherwise using the Profanally mobile application, you (“User,” “you,” or “End-User”) acknowledge that you have read, understood, and agree to be bound by these Terms, including all updates and modifications that may be made by us from time to time. You further acknowledge that these Terms constitute a legally binding agreement between you and us, and that you are entering into such agreement voluntarily and of your own free will.
2. You acknowledge that these Terms form a contract between you and us, and not with Apple Inc., Google LLC, or any third party. You agree that Apple Inc. and Google LLC are not responsible for the application “Profanally” or for the content thereof, and that Apple Inc. and Google LLC have no obligation to furnish any maintenance and support services with respect to the Service. You acknowledge that Apple Inc. and Google LLC are third party beneficiaries of these Terms and that, upon your acceptance of these Terms, Apple Inc. and Google LLC have the right to enforce these Terms against you as a third party beneficiary.
3. We reserve the right to change, modify, add, or remove portions of these Terms at any time, in our sole discretion. We will post updated Terms on this page and update the “Last Updated” date. If you continue to use the Service following the posting of changes to the Terms, you accept and agree to be bound by the changes. It is your responsibility to review these Terms periodically to ensure you are aware of any changes. If you do not agree to any changes we make to these Terms, your sole remedy is to discontinue use of the Service.

2. Definitions

1. “Service” refers to the Profanally mobile application (including any updates, enhancements, or new features) and any related services provided by us.
2. “Content” means any data, text, images, illustrations, audio, video, or other material that is provided by the Service, created by users, or otherwise delivered through the Service.
3. “You,” “User,” or “End-User” refers to any natural person or entity that downloads, installs, accesses, or uses the Service.
4. “Pro Plan,” “Profanally Pro,” “Subscription,” or “Paid Features” refers to any premium, fee-based services or features within the Service that require a paid subscription for access.
5. “Free Features” refers to any functionality, tools, or content that may be accessed without payment or subscription.
6. “Privacy Policy” refers to the policy governing how we collect, use, disclose, and protect personal information of End-Users, located at https://www.profanally.com/privacy-policy.
7. “Terms of Use” or “EULA” (End User License Agreement) refers to these Terms, which include both the general Terms of Use and the Apple App Store or Google Play Store EULA as set forth in Section 16 below.
8. All other capitalized terms not defined herein shall have the meanings ascribed to them in the Apple Media Services Terms and Conditions or Google Play Terms of Service, as applicable.

3. Use of the Service

1. Eligibility. You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you are at least 13 years old and that you have the legal capacity to enter into this Agreement. If you are under 18, you affirm that you have parental or guardian consent to use the Service. We reserve the right to refuse access to the Service to anyone for any reason at any time.
2. Permitted Uses. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Service on any compatible device that you own or control, solely for your personal, non-commercial use.
3. Prohibited Uses. You may not, and you agree not to, in whole or in part:
   • Use the Service for any unlawful, harmful, fraudulent, harassing, or infringing purpose, or in a manner that violates any applicable federal, state, local, or international law or regulation.
   • Use the Service to send unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
   • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, servers, or networks connected to the Service, including through hacking, phishing, password mining, or any other means.
   • Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Service.
   • Modify, adapt, translate, or create derivative works from any part of the Service or its underlying software.
   • Remove, circumvent, disable, or otherwise alter any security feature or technical protection measures of the Service.
   • Impersonate or misrepresent your affiliation with any person or entity, or forge headers, identifiers, or other means of misrepresentation to disguise the origin of any content transmitted through the Service.
   • Collect or attempt to collect personal information about other users without their knowledge or consent.
   • Use the Service in a manner that could impair, overburden, or disable the Service or any network connected to the Service.
4. Account Registration. Certain features of the Service may require you to register for an account. When you register, you agree to:
   • Provide accurate, current, and complete information about yourself as prompted by the registration form.
   • Maintain and promptly update your account information to keep it accurate, current, and complete.
   • Keep your password confidential and not share it with any third party.
   • Notify us immediately if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
5. User-Generated Content. You may submit, post, upload, or otherwise make available (“Post”) content via the Service, including but not limited to text, messages, images, or other material (collectively, “User Content”). By Posting User Content, you represent and warrant that:
   • You own or have sufficient rights to use and authorize us to use, display, reproduce, distribute, and otherwise exploit the User Content.
   • The User Content does not violate any law, regulation, or third-party right (including intellectual property, privacy, or publicity rights).
   • The User Content is not defamatory, obscene, harassing, abusive, violent, or otherwise objectionable.
6. You retain all ownership rights to your User Content, subject to the license you grant to us below. You understand and agree that we are under no obligation to host, display, or use your User Content.
7. By Posting any User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, copy, display, reproduce, distribute, modify, publicly perform, and otherwise exploit the User Content in connection with operating and improving the Service.
8. You also grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, and display your User Content as permitted by the functionality of the Service and these Terms.
9. We reserve the right, but have no obligation, to review, refuse to publish, or remove any User Content in whole or in part at any time, for any reason, without notice to you.

4. Subscriptions and Payments

1. General. The Service offers both Free Features and Paid Features under a subscription model. Paid subscriptions (“Subscriptions”) are managed exclusively through the Apple App Store or Google Play Store and are subject to the terms and conditions of those respective platforms, including but not limited to renewal, cancellation, and refund policies.
2. Free Features. You may access certain basic functionality without charge. We may impose limits on usage (for example, a finite number of free “generate” actions per day) which may be adjusted at our discretion. We reserve the right to change or discontinue Free Features at any time without notice.
3. Paid Features (Profanally Pro). To access Premium Features (sometimes referred to as “Profanally Pro”), you must subscribe to one of the available subscription plans offered through the App Store or Google Play Store. The subscription plans currently available are:
   • Subscription Title: Profanally Pro
   • Subscription Length: 1 month, 3 months, or 1 year (depending on the plan you select)
   • Subscription Price: The applicable price for each plan will be displayed in your local currency on the App Store or Google Play Store at the time of purchase. Prices are subject to change, and any changes will take effect at the start of the next billing cycle following notice to you.
4. Auto-Renewal. All subscription plans are “auto-renewing.” Subscriptions will automatically renew at the end of the applicable subscription period unless Auto-Renewal is turned off at least 24 hours before the end of the then-current period. The User’s Apple ID or Google account will be charged for renewal within 24 hours prior to the end of the then-current period, at the subscription price then in effect.
5. Billing and Payment. When you subscribe through the App Store or Google Play Store, payment is processed by Apple Inc. or Google LLC. We do not collect or store your payment information. You agree that your Apple ID or Google account will be charged the subscription fee in accordance with the billing terms of the App Store or Google Play Store. You also acknowledge that Apple or Google will manage all aspects of your subscription, including renewal and cancellation.
6. Subscription Management. You can manage your subscription and turn off Auto-Renewal by going to your App Store or Google Play account settings. You may also view your subscription details, change subscription plans, or cancel at any time. If you cancel your Subscription, you will continue to have access to Premium Features until the end of the billing period, after which your Subscription will terminate and your account will revert to the Free Features tier.
7. Refund Policy. We do not provide refunds for the unused portion of any subscription period. All refund requests must be made directly through Apple or Google and are subject to their respective refund policies. Any disputes regarding billing or refunds must be addressed with Apple or Google, as we neither have access to nor control over subscription billing.
8. Price Changes. We reserve the right to increase subscription fees at the end of the then-current billing period. If we change the subscription price, we will notify you in advance by updating the Service and your subscription plan. If you do not agree to the new price, you may cancel your subscription prior to the next renewal date.
9. Trial Offers and Promotions. We may, from time to time, offer trial subscriptions or promotional pricing to certain users. Those trial offers and promotions will be governed by the terms and conditions of the offer, which we will make available to you at the time of offer. Once the trial period expires, the Subscription will automatically convert to a paid subscription at the then-current subscription price unless you cancel prior to the expiration of the trial period.
10. Taxes. You are responsible for paying any taxes associated with your subscription, including applicable sales tax, value-added tax (VAT), or other similar taxes, as required by law.

5. Content and Usage

1. AI-Generated Content. The Service uses artificial intelligence (“AI”) to generate alternative versions of user-submitted text. You understand and agree that:
   • The AI-generated content is provided for general guidance only and may not be accurate, complete, reliable, or appropriate for all contexts.
   • You are solely responsible for verifying the accuracy, legality, and appropriateness of any AI-generated content before relying on or sharing it.
   • We disclaim any and all liability arising from or related to your use of or reliance upon AI-generated content.
2. User Responsibility. You are responsible for how you use or share any content generated by the Service. You agree not to use the Service to:
   • Create defamatory, obscene, harassing, or otherwise illegal content.
   • Infringe upon the intellectual property rights of any third party.
   • Violate any applicable laws, regulations, or third-party terms of service.
3. Proprietary Rights. All Content, trademarks, logos, graphics, software, or other materials (“Intellectual Property”) provided through the Service are the property of us or our licensors. You acknowledge and agree that:
   • You do not acquire any ownership rights or interests in the Intellectual Property by using the Service.
   • You may not copy, reproduce, distribute, publicly display, perform, modify, sell, trade, borrow, rent, sublicense, or otherwise exploit the Intellectual Property without our prior written consent.
   • Any unauthorized use of the Intellectual Property may violate copyright, trademark, and other laws, and could result in civil or criminal penalties.
4. User Conduct. You agree to use the Service only for lawful purposes and in accordance with these Terms. You further agree that you will not:
   • Transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
   • Collect or store personal data about other users.
   • Engage in any activity that interferes with or disrupts the Service (e.g., using bots, scrapers, or other automated means to access the Service).
   • Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity.
5. Linking to Third-Party Sites. The Service may contain links to third-party websites or services that are not owned or controlled by us. We assume no responsibility for the content, policies, or practices of any third-party websites or services. If you access a third-party website, you do so at your own risk and subject to the terms of service and privacy policies of that third party.

6. Privacy Policy

1. We respect your privacy and handle your personal data in accordance with our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy explains, among other things, how we collect, store, use, and disclose your personal information, as well as your rights and choices regarding that information.
2. By using the Service, you consent to the collection and use of information as described in the Privacy Policy. If you disagree with the practices set forth in the Privacy Policy, please do not use the Service.

7. Intellectual Property Rights

1. Ownership. All Intellectual Property rights in or relating to the Service, including but not limited to copyright, trademark, trade secrets, patents, and moral rights, are owned by us or our licensors. We reserve all rights not expressly granted in these Terms.
2. Feedback. If you provide us with any suggestions, comments, or other feedback regarding the Service (“Feedback”), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, copy, modify, distribute, publicly display, publicly perform, and otherwise exploit such Feedback for any purpose without restriction. You acknowledge that we may have something similar to or better than your Feedback already under consideration or in development, and therefore you will not be owed compensation for any reason.
3. Trademarks. “Profanally” and our logos, service marks, and trade names are trademarks of us or our licensors. You may not use, display, or reproduce such trademarks in any manner without our prior written permission.

8. Termination

1. We reserve the right to suspend or terminate your access to the Service or any portion thereof at any time and for any reason, including without limitation if we believe that you have violated these Terms. Upon termination, all rights granted to you under these Terms will immediately cease.
2. If your access is terminated, you must immediately cease all use of the Service. We may delete all of your User Content and any other data associated with your account upon termination. We will not be liable to you or any third party for termination of your access to the Service.
3. The provisions of these Terms, which by their nature are intended to survive termination, will survive any termination of this Agreement. This includes, but is not limited to, Sections 1 (Acceptance of Terms), Section 5 (Content and Usage), Section 7 (Intellectual Property Rights), Section 9 (Disclaimer of Warranties), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Governing Law), and Section 13 (General Provisions).

9. Disclaimer of Warranties

1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO:
   • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
   • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS;
   • WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
2. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:
   • THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
   • THE CONTENT DELIVERED WILL BE ACCURATE, RELIABLE, OR TIMELY;
   • ANY ERRORS OR DEFECTS WILL BE CORRECTED;
   • THE SERVICE WILL BE SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
3. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND ANY RELIANCE ON THE CONTENT OR FUNCTIONALITY OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU IF PROHIBITED BY APPLICABLE LAW.

10. Limitation of Liability

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:
   • LOSS OF PROFITS, REVENUE, DATA, OR DATA USE;
   • INTERRUPTION OF BUSINESS;
   • LOSS OF GOODWILL OR OTHER INTANGIBLE LOSSES;
   • PUNITIVE OR EXEMPLARY DAMAGES;
   • DAMAGES FOR PERSONAL INJURY OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
2. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF:
   • THE TOTAL AMOUNT PAID BY YOU TO US FOR SUBSCRIPTIONS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
   • ONE HUNDRED U.S. DOLLARS (USD $100.00).
3. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. YOU WOULD NOT HAVE PURCHASED A PAID SUBSCRIPTION AND THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. Indemnification

1. You agree to defend, indemnify, and hold us, our officers, directors, employees, affiliates, agents, licensors, and service providers harmless from and against any and all claims, demands, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with:
   • Your breach or alleged breach of any representation, warranty, or covenant contained in these Terms;
   • Your violation of any law, regulation, or third-party right (including intellectual property, privacy, or publicity rights);
   • Your use of the Service;
   • Your User Content or any actions taken by you in connection with the Service.
2. This indemnity obligation will survive any termination of these Terms or your use of the Service.

12. Governing Law and Jurisdiction

1. These Terms and any disputes arising out of or related to these Terms or your use of the Service will be governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of law principles.
2. Any dispute, claim, or controversy arising under or relating to these Terms or the Service will be resolved exclusively in the courts located in Bangkok, Thailand, and you hereby consent to the personal and exclusive jurisdiction of such courts.
3. Notwithstanding the foregoing, if you reside in a jurisdiction that requires arbitration or alternative dispute resolution, you agree to submit any dispute to binding arbitration as required by applicable law.

13. Severability

1. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect. The invalid, illegal, or unenforceable provision will be replaced by a valid, legal, and enforceable provision that most closely matches the original intent of the parties.

14. Waiver

1. No delay or failure by us to exercise any right or remedy under these Terms will constitute a waiver of such right or remedy. Any waiver of any term or condition of these Terms must be in writing and signed by us.

15. Entire Agreement

1. These Terms, together with the Privacy Policy and any other legal notices or guidelines posted by us in connection with the Service, constitute the entire agreement between you and us regarding the subject matter hereof and supersede all prior or contemporaneous oral or written communications, proposals, or agreements regarding the same.

16. End User License Agreement (EULA)

This End User License Agreement (“EULA”) is between you and the developer of Profanally (“We”, “Us”, “Our”) and not with Apple Inc. Use of the Profanally app is also governed by Apple’s Media Services Terms and Conditions. This EULA supplements the general Terms of Use above and includes all Apple-required provisions.

1. Acknowledgement. This EULA is concluded between you and Profanally only, not with Apple. We are solely responsible for the Profanally app and its content. You acknowledge that Apple is not and will not be responsible for the Profanally app or any claims you or any third party may have relating to the Profanally app.
2. Scope of License. You are granted a non-transferable license to use Profanally on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. This license allows use via Family Sharing or volume purchasing as applicable. This EULA does not grant you any rights to use our trademarks and logos.
3. Maintenance and Support. We are solely responsible for providing any maintenance and support services with respect to the Profanally app, as specified in this EULA or as may be required under applicable law. You acknowledge and agree that Apple has no obligation to furnish any maintenance and support services with respect to the Profanally app.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Profanally app is provided “AS IS” without any warranty of any kind. In the event of any failure of the Profanally app to conform to any warranty, you may notify Apple, and Apple will refund the purchase price for the Profanally app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Profanally app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely our responsibility.
5. Product Claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims of you or any third party relating to the Profanally app or your possession and/or use of the Profanally app, including, but not limited to: (i) product liability claims; (ii) any claim that the Profanally app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with our use of any third-party frameworks.
6. Intellectual Property Rights. You and we acknowledge that, in the event of any third-party claim that the Profanally app or your possession and use of the Profanally app infringes such third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. Legal Compliance. You represent and warrant that (i) 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Contact Information.
   

   If you have any questions or concerns regarding these Terms or the Service, please contact us at:

   Email: support@profanally.com
   Website: https://www.profanally.com/

9. Third-Party Terms of Agreement. You must comply with any applicable third-party terms of agreement when using Profanally. For example, if the Profanally app requires Wi-Fi, you agree not to use Profanally in violation of your data service agreement with your wireless provider.
10. Third Party Beneficiary. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.