Terms of Use

Last updated: October 21, 2026

These Terms of Use are provided for general information only and do not constitute legal advice. They govern your access to and use of SharkFoto's services. Please read them carefully before using the platform.

1. Preamble

1.1. SharkAI Limited, a company incorporated in Hong Kong whose address is Rm B53, 2/F, Kwai Shing Industrial Building Phase 1, 36-40 Tai Lin Pai Road, Kwai Chung, New Territories, Hong Kong (hereinafter referred to as the "Operator," "SharkFoto," "we," "us," or "our"), operates the website sharkfoto.com and the SharkFoto mobile apps, an AI-powered media platform that enables users to generate, edit, and transform images, video, and audio using artificial intelligence, including AI Effects, AI Models, and a suite of free tools (collectively, the "Platform" or the "Services").

1.2. These Terms of Use (the "Terms") apply to all users of the Platform (hereinafter: the "User," "you," or "your"). By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1.3. These Terms incorporate by reference our Privacy Policy, our Refund Policy and our Usage Rules.

2. Rights of Use

2.1. Subject to these Terms, the Operator grants the User a limited, non-exclusive, non-transferable, revocable license to access and use the Platform.

2.2. The User owns the content they upload or provide to the Platform (the "Input") as well as the results generated by the Platform from that Input (the "Output"). The User may use their Input and Output for any lawful purpose, including commercial purposes, subject to these Terms and applicable law.

2.3. The Operator has the right to restrict or suspend a User's access to the Platform, with or without notice, where reasonably necessary to enforce these Terms, comply with law, or protect the Platform and its users.

2.4. The User agrees that the Operator may store the User's IP address and related technical data to operate the Platform, prevent abuse, and verify extensive or automated use of the Platform.

3. AI-Generated Content: Ownership & License

3.1. Your Input. You retain all rights you hold in the Input you provide. You represent and warrant that you have all rights, licenses, and consents necessary to upload and process your Input through the Platform.

3.2. Your Output. As between you and SharkFoto, you own the Output generated from your Input. SharkFoto does not claim ownership of your Output.

3.3. No training on your content. We do not use your Input or your Output to train or fine-tune our AI models.

3.4. Third-party processing. To provide the Services, your Input may be processed by third-party AI model providers (for example, OpenAI, Google, and others). Your use of the Platform is also subject to the handling described in our Privacy Policy.

3.5. Output provided "AS-IS". AI-generated Output is provided on an "AS-IS" basis. Because generative models can produce similar results for different users, we do not guarantee that any Output is original, free of third-party rights, non-infringing, or cleared for any particular commercial use. You are solely responsible for reviewing your Output and ensuring it is appropriate and lawful for your intended use.

4. Acceptable Use & Prohibited Content

4.1. The User undertakes to refrain from any actions that endanger the functionality, security, or operation of the Platform. In particular, the User is prohibited from scanning or testing the vulnerabilities of the Platform, bypassing security or access controls, introducing malware, reverse engineering or attempting to extract the underlying AI models, or engaging in automated abuse, scraping, or load/stress testing without authorization.

4.2. The User must not use the Platform to generate, attempt to generate, upload, distribute, or otherwise process content that:

• is unlawful or facilitates illegal activity;

• infringes the intellectual property, privacy, or other rights of any third party;

• depicts a real, identifiable person's likeness without consent, or constitutes deceptive deepfake or impersonation abuse;

• sexualizes minors or exploits children in any way;

• is fraudulent, deceptive, or intended to mislead;

• harasses, threatens, defames, or promotes hatred or violence against individuals or groups;

• constitutes spam, automated abuse, or otherwise interferes with the normal operation of the Platform.

Our Usage Rules explain in plain language which content may not be created on the Platform, including sexually explicit content, graphic violence and hateful content, and what happens when a request is blocked.

4.3. Enforcement. We use automated checks and human review to enforce this Section and our Usage Rules. If we reasonably believe you have violated them, we may, depending on the severity, frequency and apparent intent of the violation, take one or more of the following actions: (a) block or remove the request or content; (b) issue a warning; (c) temporarily restrict features such as generation, uploads or specific tools; (d) temporarily suspend your account; or (e) permanently terminate your account and any associated accounts. For isolated or minor violations we will normally start with a warning or a temporary restriction, but we are not required to apply these steps in order.

4.4. Severe violations. We may immediately and permanently terminate your account, without prior warning, if we reasonably believe you have: (a) generated, attempted to generate, uploaded or shared sexual content involving, or sexualizing, a person under 18; (b) generated or attempted to generate nude, "undressed" or sexually explicit images or videos of a real, identifiable person without their consent, or other non-consensual intimate imagery or sexual deepfakes; (c) repeatedly or deliberately tried to get around our content checks, for example by using coded words, euphemisms, misspellings, or by rephrasing or re-uploading after a request was blocked; or (d) used the Platform for other serious unlawful activity. A request blocked by our content checks still counts as an attempt.

4.5. Reporting to authorities. Where we become aware of apparent child sexual abuse material or the exploitation of a minor, we will preserve the relevant information and may report it, together with associated account information, to the National Center for Missing & Exploited Children (NCMEC), the Hong Kong Police Force or other competent authorities, whether or not the content was actually generated. In other cases we may disclose information to law enforcement where required by law or where we believe in good faith that disclosure is necessary to prevent harm.

5. Subscriptions, Credits & Billing

5.1. Certain features of the Platform are offered through paid subscription plans and credits. On the website, subscriptions, credits, and automatic renewals are processed by our third-party payment provider, Stripe; in our mobile apps they are processed by the Apple App Store or Google Play (see Section 5.4). By purchasing a plan or credits, you authorize the applicable recurring or one-time charges.

5.2. Refunds are governed by our Refund Policy. Please review it before making a purchase; the detailed eligibility rules and process are set out there and are not repeated in these Terms.

5.3. If you believe you have been billed in error, please contact [email protected] within 30 days of the charge so we can investigate the billing dispute.

5.4. Purchases through app stores. If you buy a subscription or credits through the Apple App Store or Google Play, that purchase is processed by Apple or Google and is also subject to their terms. Refunds for those purchases are decided by Apple or Google under their own policies. We cannot cancel an Apple subscription on your behalf; if your account is suspended or terminated, you must cancel it in your Apple account settings to stop future charges. Section 8.4 also applies to these purchases.

6. Disclaimers & Limitation of Liability

6.1. "AS-IS" / "AS-AVAILABLE". The Platform and all AI Output are provided on an "AS-IS" and "AS-AVAILABLE" basis. To the maximum extent permitted by applicable law, the Operator disclaims all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability.

6.2. The Operator is not liable for the speed of the Platform, its availability, data loss, or the correctness, originality, or suitability of any Output. Except where caused intentionally or through gross negligence, and except in cases of death or personal injury or where liability cannot be excluded under applicable law, the Operator's liability is excluded.

6.3. Cap on liability. To the maximum extent permitted by applicable law, the Operator's total aggregate liability arising out of or relating to the Platform shall not exceed the amount actually paid by the User to SharkFoto for the relevant Services during the period giving rise to the claim.

7. Intellectual Property & Copyright (DMCA)

7.1. The Operator retains all right, title, and interest in and to the Platform, its software, AI models, brand, trademarks, and all related intellectual property. Nothing in these Terms grants the User any rights in the Operator's intellectual property other than the limited license set out in Section 2.

7.2. Copyright complaints. If you believe content on the Platform infringes your copyright, please send a notice to [email protected] that includes:

• your contact information;

• identification of the copyrighted work you claim has been infringed;

• identification of the allegedly infringing material and its location on the Platform;

• a statement that you have a good-faith belief that the use is not authorized by the rights holder, its agent, or the law;

• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on the rights holder's behalf;

• your physical or electronic signature.

7.3. Counter-notice. If your content was removed and you believe this was in error, you may submit a counter-notice to [email protected] identifying the removed material and providing a statement, under penalty of perjury, that you have a good-faith belief the material was removed by mistake, together with your contact information and signature.

7.4. Repeat infringers. We may suspend or terminate the accounts of Users who are determined to be repeat infringers.

8. Account Suspension, Termination & Your Data

8.1. The Operator may suspend or terminate a User's account as described in Sections 4.3 and 4.4, and for non-payment of fees, repeated infringement, or where required by law.

8.2. Your data and retention. You may delete your content or your account at any time through your account settings, or by contacting [email protected]. Content is retained until you choose to delete it; we do not automatically purge it on your behalf. Additional details are set out in our Privacy Policy.

8.3. Changes and maintenance. The Operator may modify, suspend, or discontinue all or part of the Platform, and may perform scheduled or emergency maintenance that results in temporary downtime, without liability for any resulting unavailability.

8.4. Effect of termination for a violation. If we suspend or terminate your account because you violated these Terms or our Usage Rules: (a) you are not entitled to a refund of subscription fees, credit purchases or other amounts already paid, including for any unused part of a subscription period; (b) all unused subscription and add-on credits are forfeited and have no cash value; (c) we will cancel any subscription you bought directly from us so that you are not charged again; and (d) the eligibility rules of our Refund Policy do not apply. Nothing in this Section limits any refund right you have under mandatory applicable law.

8.5. Termination for other reasons. If we terminate your account, or discontinue a paid Service, for reasons other than your violation of these Terms or a legal requirement arising from your conduct, we will refund on a pro-rata basis the unused, prepaid portion of any subscription you bought directly from us.

8.6. Suspension during review. We may suspend your account while we investigate a suspected violation. If we find no violation, we will restore access and, where appropriate, extend your subscription by the period of the suspension.

8.7. Notice and appeal. If we suspend or terminate your account, we will tell you by email, stating the action taken and the general reason, unless doing so would be unlawful or would compromise an investigation or the safety of a minor. You may appeal within 30 days by writing to [email protected] from the email address on your account and explaining why you believe the decision was wrong. A person will review your appeal and we will reply within 14 days. Accounts terminated under Section 4.4(a) will not be reinstated.

8.8. No new accounts. If your account has been terminated, you may not create or use another account to access the Platform.

9. Governing Law & Jurisdiction

9.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China.

9.2. The User and the Operator submit to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region to settle any such dispute or claim.

10. Region-Specific / EU Users

10.1. If you are located in the European Union or European Economic Area, you have certain data protection rights under the General Data Protection Regulation (GDPR), including rights of access, rectification, erasure, restriction, portability, and objection. We are committed to honoring these rights.

10.2. For details on how we process your personal data and how to exercise your rights, please refer to our Privacy Policy.

11. Concluding Provisions

11.1. We may update these Terms from time to time. Material changes will be reflected by updating the "Last updated" date above, and where appropriate we will provide additional notice. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

11.2. Should individual provisions of these Terms be void, unenforceable, and/or invalid, this shall not affect the validity of the remaining provisions. In such case, the parties shall replace the affected provision with a valid provision that most closely reflects its original economic intent.

11.3. For any questions about these Terms, please contact us at [email protected].