Introduction
Welcome to Mirage AI (the "App", "Service", "Mirage AI", or "we", "us", "our"). Mirage AI is an artificial-intelligence-powered photo and video editing application owned and operated by Blueberry Web Solutions Pvt Ltd, a company incorporated under the Companies Act, 2013 and having its registered office in Kolkata, West Bengal, India ("Blueberry", "Company").
These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", "User") and Blueberry, governing your access to and use of the App, the website located at blueberrywebs.com, and all related features, tools, content, and services (collectively, the "Service").
By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not agree, do not download, install, or use the App.
Eligibility and Age Restrictions
Minimum Age. You must be at least 13 years of age to use the Service. If you are between 13 and 18 (or the age of majority in your jurisdiction, whichever is higher), you may use the Service only with the involvement, consent, and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
Prohibited Users. You may not use the Service if you are barred from doing so under the laws of India or any other applicable jurisdiction.
Compliance. You represent and warrant that (a) you have the legal capacity to enter into these Terms, (b) your use of the Service will comply with all applicable local, state, national, and international laws and regulations, and (c) you are not located in a jurisdiction where use of the Service is prohibited.
Your Account
Registration. Certain features of the Service may require you to create an account or sign in through a third-party service (such as Apple ID). You agree to provide accurate, current, and complete information and to keep it updated.
Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized access at the contact address in Section 20.
One Account per User. Unless otherwise permitted, you may only maintain one active account. We reserve the right to suspend or terminate duplicate or fraudulent accounts.
Licence to Use the App
Subject to your continued compliance with these Terms, Blueberry grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download, install, and use the App on a compatible device that you own or control, solely for your personal, non-commercial use.
You may not:
- copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the source code of the App;
- rent, lease, lend, sell, redistribute, sublicense, or commercially exploit the App or any content generated by it, except as expressly permitted in these Terms;
- remove, alter, or obscure any proprietary notices;
- use any automated system (bots, scrapers, crawlers) to access or interact with the App;
- interfere with, disrupt, or circumvent any security or access-control features of the App;
- use the App to build a similar or competing product.
All rights not expressly granted to you are reserved by Blueberry and its licensors.
Subscriptions, Payments, and Refunds
Free Features and Paid Subscriptions. The App offers certain features free of charge and others through a paid subscription ("Subscription"). Subscription plans, pricing, and features are described within the App at the time of purchase.
Billing through Apple. Payments are processed by Apple through the App Store. You authorise Apple to charge your Apple ID for the applicable Subscription fee, applicable taxes, and any renewal charges.
Auto-Renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel at least 24 hours before the end of the current period. Renewal is charged within 24 hours prior to the end of the current period.
Cancellation. You may cancel your Subscription at any time through Settings > Apple ID > Subscriptions on your device. Cancellation takes effect at the end of the current billing period; you will retain access to paid features until then. We do not process cancellations directly.
Free Trials. If a free trial is offered, you must cancel before the trial ends to avoid being charged. Unused portions of a free trial are forfeited when you subscribe to a paid plan.
Refunds. All purchases are final and processed through Apple. Refund requests must be submitted directly to Apple at reportaproblem.apple.com. Except where required by applicable law or Apple's policies, Blueberry does not offer refunds.
Price Changes. We may change Subscription prices from time to time. You will be notified in advance of any price change; continued use after the change takes effect constitutes acceptance of the new price.
Taxes. Prices displayed may exclude applicable taxes. You are responsible for all taxes and duties associated with your Subscription.
User Content
Your Content. The Service allows you to upload, submit, generate, and share photos, videos, prompts, text, and other content ("User Content"), including images and videos processed or generated by the App's AI features ("AI Output").
Ownership. You retain all ownership rights in the original User Content you upload. Subject to Blueberry's rights in the App, technology, and AI models, you also own the AI Output generated from your User Content, subject to the licence granted below and any third-party rights that may apply.
Licence to Blueberry. By uploading or generating User Content or AI Output, you grant Blueberry a worldwide, royalty-free, non-exclusive, sublicensable licence to host, store, reproduce, process, modify, adapt, and display such content solely for the purpose of operating, providing, improving, and securing the Service, including training and improving our AI models where permitted by our Privacy Policy and applicable law. This licence terminates when you delete the relevant User Content, except (a) where retention is required by law, (b) where content has already been shared with third parties who have downloaded it, or (c) for anonymised technical data used to improve the Service.
Your Warranties. You represent and warrant that:
- You own or have obtained all necessary rights, licences, consents, and permissions to any photograph, likeness, voice, image, artwork, or other material you upload, including from every person appearing in it;
- You have obtained express written consent from any identifiable individual whose image, likeness, or voice appears in User Content you upload, use, or share;
- Your User Content does not infringe any copyright, trademark, right of publicity, privacy right, or any other right of any person or entity;
- Your User Content and use of the Service does not violate any law, regulation, or third-party agreement.
You bear sole legal responsibility for the User Content you upload and the AI Output you generate, download, save, share, or publish anywhere, including on third-party platforms such as TikTok, Instagram, YouTube, Facebook, WhatsApp, or Snapchat.
Prohibited Uses
You agree that you will not use the Service, and will not upload, generate, save, distribute, publish, transmit, or share any User Content or AI Output that:
Rights of Others
- Depicts, features, or is based on the image, likeness, voice, or biometric data of any real person without that person's express and informed consent;
- Depicts any person in a sexually explicit, intimate, nude, semi-nude, or sexually suggestive manner without their express and verifiable consent, or that constitutes non-consensual intimate imagery under any applicable law;
- Depicts, sexualises, exploits, endangers, or is otherwise inappropriate to a minor (any person under 18 years). This is an absolute prohibition regardless of consent;
- Constitutes a "deepfake," morphed image, synthetic media, or manipulated content designed to falsely represent that a real person has said or done something they did not say or do, particularly if it could cause reputational, emotional, financial, or physical harm;
Content-Type Prohibitions
- Is obscene, pornographic, paedophilic, or otherwise sexually explicit within the meaning of Section 67, 67A, or 67B of the Information Technology Act, 2000 and equivalent provisions of the Bharatiya Nyaya Sanhita, 2023;
- Is defamatory, libellous, slanderous, threatening, harassing, abusive, hateful, or promotes violence against any individual or group based on race, religion, caste, sex, gender identity, sexual orientation, disability, nationality, or any other protected characteristic;
- Depicts, glorifies, promotes, or facilitates terrorism, violent extremism, self-harm, suicide, drug abuse, or any illegal activity;
- Infringes any intellectual-property right, trade secret, or contractual right of any third party;
- Is intended to defraud, deceive, phish, impersonate any person or entity, or engage in identity theft;
- Contains malware, viruses, or any code designed to harm or interfere with any system, device, or data;
Platform Misuse
- Attempts to bypass, disable, or interfere with any safety, moderation, or content-filtering feature of the App;
- Uses the App to generate content that violates the terms of any downstream platform (TikTok, Instagram, YouTube, Meta, X, Snapchat, or any other) or applicable advertising standards;
- Uses the App for surveillance, stalking, doxxing, or any other unlawful monitoring;
- Uses the App or its AI Output for any commercial purpose without a separate written agreement with Blueberry.
Enforcement. We reserve the right, at our sole discretion and without prior notice, to (a) remove or block any User Content or AI Output that violates these Terms, (b) suspend or terminate your account, (c) report violations to law-enforcement authorities, and (d) cooperate with investigations, court orders, or legal process.
Intermediary Status and User Responsibility for Prank, Novelty, and AI-Generated Content
The App is a general-purpose creative tool and functions as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000. Blueberry provides technology that enables Users to generate, modify, and share images and videos; Blueberry does not create, review, endorse, or verify User Content or AI Output before it is generated, saved, or shared by the User.
You expressly acknowledge and agree that:
- You are solely responsible for any prank, comedic, satirical, novelty, or AI-generated image or video that you create, save, download, share, publish, or distribute using the App, whether the content depicts you, another person, or a fictionalised subject;
- Blueberry has no liability, obligation, or responsibility for any consequences — civil, criminal, reputational, emotional, financial, or otherwise — arising from any User Content or AI Output you generate or share, including without limitation any content that (a) uses another person's photograph, likeness, or voice, (b) is perceived as offensive, defamatory, embarrassing, or vulgar by any person, (c) is misused, misinterpreted, or redistributed by others, or (d) violates the rights of any third party;
- Blueberry does not verify whether you have obtained consent from any third party whose image, likeness, or voice appears in your uploads. The obligation to obtain such consent rests entirely with you;
- Any claim, complaint, notice, dispute, litigation, arbitration, prosecution, or investigation arising from or relating to your User Content or AI Output — including allegations of defamation, privacy violation, obscenity, personality-rights infringement, harassment, or any statutory offence — shall be your sole responsibility to defend, resolve, and pay for, and you shall indemnify Blueberry under Section 15;
- Where the App applies watermarks, metadata tags, or AI-content labels to AI Output, you shall not remove, alter, or obscure them. Removing such indicators may expose you to additional liability under Indian and international law relating to synthetic media.
Nothing in this Section limits any right or remedy available to a person whose rights are violated by User Content or AI Output; such person's remedy shall lie against the User who created or shared the content.
Intellectual Property
Our IP. The App, including its software, design, graphics, logos, trademarks, AI models, algorithms, training data, and all related intellectual property, is owned by Blueberry or its licensors and is protected by copyright, trademark, and other laws of India and other jurisdictions. Except for the limited licence in Section 4, no rights are granted to you.
Trademarks. "Mirage AI," the Mirage AI logo, "Blueberry Web Solutions," and other marks used in the App are trademarks of Blueberry. You may not use them without our prior written consent.
Feedback. If you provide feedback, suggestions, or ideas about the App, you grant Blueberry a perpetual, irrevocable, royalty-free, worldwide licence to use them for any purpose without obligation to you.
DMCA / Copyright Complaints. If you believe content in the App infringes your copyright, contact us at the address in Section 20 with (a) a description of the copyrighted work, (b) the location of the allegedly infringing material, (c) your contact information, (d) a statement of good-faith belief that the use is unauthorised, and (e) a statement, under penalty of perjury, that the information is accurate and you are authorised to act.
AI-Generated Content — Nature and Limitations
The Service uses generative artificial-intelligence models to produce AI Output. You acknowledge and agree that:
- AI Output is generated algorithmically and may be inaccurate, unrealistic, unexpected, offensive, or unsuitable for your intended use;
- Similar or identical prompts may produce different results for different Users; AI Output is not unique to you and Blueberry cannot guarantee originality or non-similarity to other outputs;
- AI Output may resemble copyrighted works, real persons, or protected brands without our knowledge or intent. You bear the risk of using or sharing such output;
- The legal status of AI-generated content is still evolving in India and elsewhere. You are responsible for ensuring your use of AI Output complies with applicable law, including MeitY advisories on synthetic and AI-generated media;
- Blueberry makes no representation or warranty that AI Output will be error-free, fit for any particular purpose, non-infringing, or protectable as intellectual property.
Privacy
Your use of the Service is subject to our Privacy Policy, available at blueberrywebs.com/privacy, which is incorporated into these Terms by reference. Please review it carefully. The Privacy Policy explains what data we collect, how we use it, how we protect it, and your rights under the Digital Personal Data Protection Act, 2023 (DPDP Act).
Third-Party Services and Apple-Specific Terms
Third-Party Services. The Service may integrate with or link to third-party services (such as Apple ID, social-media platforms, payment processors). We are not responsible for third-party services, their content, or their practices. Your use of such services is subject to their terms.
App Store — Apple-Specific Terms. The following terms apply when you use the App on an Apple device:
- These Terms are between you and Blueberry only, not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
- The App is licensed, not sold, to you for use only on Apple-branded devices, subject to Apple's Media Services Terms and Conditions.
- Apple has no obligation to provide maintenance or support for the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you (if applicable). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
- Blueberry (not Apple) is responsible for addressing any claims relating to the App, including product-liability, legal-compliance, or intellectual-property claims.
- You represent that you (a) are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and (b) are not on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you.
Disclaimers
"AS IS" BASIS. THE SERVICE, THE APP, AND ALL AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
BLUEBERRY DOES NOT WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) DEFECTS WILL BE CORRECTED, (C) AI OUTPUT WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR YOUR USE, OR (D) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
No Legal, Medical, or Professional Advice. The Service is provided for creative and entertainment purposes only. Nothing generated by the App constitutes legal, medical, financial, or professional advice.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEBERRY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES;
- DAMAGES ARISING FROM YOUR OR ANY THIRD PARTY'S USE OR MISUSE OF THE SERVICE, USER CONTENT, OR AI OUTPUT;
- UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUEBERRY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLUEBERRY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BLUEBERRY (OR APPLE ON OUR BEHALF) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) INR 5,000 (INDIAN RUPEES FIVE THOUSAND ONLY).
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Blueberry, its affiliates, directors, officers, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, proceedings, losses, damages, judgments, awards, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your access to or use of the Service;
- Your User Content and AI Output, including any claim that it infringes, violates, or misappropriates the rights of any third party;
- Any prank, comedic, novelty, synthetic, morphed, or manipulated image or video you created, downloaded, saved, shared, or distributed using the App;
- Any breach by you of these Terms or your representations and warranties;
- Your violation of any law, regulation, or third-party right, including any right of privacy, publicity, or intellectual property.
Blueberry reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence.
Termination
By You. You may stop using the App at any time and uninstall it from your device. Cancel any Subscription through Apple as described in Section 5.
By Us. We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we believe you have violated these Terms, applicable law, or if we discontinue the Service.
Effect of Termination. Upon termination, your licence to use the App ends. Sections that by their nature should survive (including Sections 6, 7, 8, 9, 13, 14, 15, 17, 18, and 19) will survive.
No Refund on Termination for Cause. Terminations for violations of these Terms do not entitle you to a refund.
Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will notify you through the App, by email, or by other reasonable means, at least 7 days before the changes take effect (or such longer period as required by law).
Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree, you must stop using the Service and cancel any Subscription.
The date at the top of these Terms indicates when they were last revised.
Governing Law and Jurisdiction
Governing Law. These Terms and any dispute arising out of or relating to them or to your use of the Service shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-laws principles.
Exclusive Jurisdiction. You agree that any suit, action, or proceeding arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts located in Kolkata, West Bengal, India, and you consent to the personal jurisdiction of such courts. This includes any Apple third-party-beneficiary claim under Section 12.
Arbitration (Optional). At Blueberry's sole discretion, any dispute may be referred to arbitration under the Arbitration and Conciliation Act, 1996, seated in Kolkata, West Bengal, conducted in the English language before a sole arbitrator appointed by Blueberry. The arbitral award shall be final and binding.
Injunctive Relief. Nothing in this Section prevents Blueberry from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual-property or confidential information.
General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any policies referenced within, constitute the entire agreement between you and Blueberry regarding the Service.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No Waiver. Failure by Blueberry to enforce any right or provision shall not constitute a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms. Blueberry may assign these Terms without restriction.
Force Majeure. Blueberry shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, labour disputes, or network failures.
Language. These Terms are drafted in English. In case of translation, the English version prevails.
Headings. Section headings are for convenience only and do not affect interpretation.
Contact Us
For questions, complaints, notices, or communications regarding these Terms or the Service, please contact:
Blueberry Web Solutions Pvt Ltd
Unit No. 304, "South City Businesspark"770, Anandpur, Kolkata – 700107
West Bengal, India
- General Inquiriesinfo@blueberrywebs.com
- Legal / Grievanceinfo@blueberrywebs.com
- Privacy / Data Protectioninfo@blueberrywebs.com
- Copyright / IP Noticesinfo@blueberrywebs.com