END-USER LICENSE AGREEMENT FOR RETOUCH4ME SOFTWARE

THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGALLY BINDING LICENSE AGREEMENT BETWEEN A LEGAL ENTITY OR ORGANIZATION YOU REPRESENT OR, IF YOU DO NOT SPECIFY A LEGAL ENTITY OR ORGANIZATION IN CONNECTION WITH THE ACQUISITION OF THE LICENSE, YOU AS AN INDIVIDUAL ACTING ON YOUR OWN BEHALF ("YOU" OR "YOUR") AND RELU OÜ (registration code 16194437),

ELECTRONIC ADDRESS FOR CONTACT support@retouch4.me ("OWNER"). BY INSTALLING, COPYING, OR OTHERWISE USING THE RETOUCH4ME SOFTWARE ("SOFTWARE") OR USING THE CLOUD RETOUCHING SERVICES (PROCESSING OF PHOTOGRAPHS ON THE OWNER'S SERVERS), YOU AGREE TO ALL THE TERMS OF THE LICENSE AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL AND/OR USE THIS SOFTWARE. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.

1. ACCEPTANCE OF THE EULA
This EULA is deemed accepted by the USER in case of ordering, payment, or receipt from the OWNER or an authorized third party of non-exclusive rights to use the SOFTWARE or use CLOUD RETOUCHING services in accordance with this EULA, indicating your agreement to the terms of this EULA.

2. LICENSE
The OWNER grants the USER a license for simultaneous use (including for commercial purposes) of one copy of the SOFTWARE on the USER's computers. "USER" means a company, legal entity, or individual whose funds are used to purchase the SOFTWARE. Commercial use of the SOFTWARE, implemented through university licenses for educational institutions, is prohibited. "USE" means storing, downloading, installing, executing the SOFTWARE, or displaying it on the screen. The USER has the opportunity to generate 1 license key and 2 spares in their personal account, which are tied to the hardware of the computer. In case of a change in the hardware, the USER loses the key. The USER has the right to uninstall the SOFTWARE at any time. To uninstall the SOFTWARE, the USER needs to move the SOFTWARE folder to the "trash" or delete it. The USER is prohibited from modifying, modifying, decompiling, or otherwise altering the components of the SOFTWARE, except for adjusting the SOFTWARE functions. The USER has the right to make a copy of the SOFTWARE, which may only be used for archival purposes.

The SOFTWARE must not be leased or transferred to other persons. The USER is not allowed to make or distribute copies of the software, nor electronically transfer the SOFTWARE from one computer to another or over a network. The SOFTWARE cannot be used on virtual machines without the written permission of the OWNER. Virtualization technology cannot be used to circumvent other licensing terms and restrictions. The SOFTWARE cannot be used to create automated services, bots, Telegram bots, and similar publicly available services without the written permission of the OWNER. The USER agrees and accepts that the OWNER may use license tracking mechanisms and metrics to prevent breaches of this agreement. License tracking mechanisms and metrics may use the USER's internal network connection and internet connection. The license prohibits any use of the SOFTWARE that violates international or local laws. Any unauthorized use will result in immediate and automatic termination of this EULA and may therefore result in legal action.

If the USER uses the CLOUD RETOUCHING service, no license is provided. The USER is offered to pay a licensing fee ("SUBSCRIPTION"), which may be offered in various monthly tariffs or as a one-time purchase of a RETOUCH package. 1 RETOUCH is a one-time use of the OWNER's software to process 1 image of the USER. The cost of the licensing fee may be specified in the SOFTWARE or on the OWNER's website. The USER may cancel the SUBSCRIPTION at any time, with unused RETOUCHES not being refunded or compensated.

3. QUALITY ASSESSMENT
The USER has the right to use the DEMO VERSION OF THE SOFTWARE ("DEMO") without registration to evaluate the effectiveness of the SOFTWARE. The DEMO allows the USER to familiarize themselves with the working tools and preview the edited image before purchasing the SOFTWARE. If the USER wishes to save the image/apply the effect to the image layer, it is necessary to purchase the SOFTWARE.

In the case of using CLOUD RETOUCHING, a certain number of free RETOUCHES with the ability to save the result are provided to each new USER. The number of free RETOUCHES is indicated on the OWNER's website or in the OWNER's software, allowing the USER to test the service quality before subscribing.

Thus, the USER is provided with the opportunity to assess the effectiveness and functionality of the SOFTWARE before purchasing it. This approach ensures that the USER will be satisfied with the performance of the SOFTWARE.

4. REFUND POLICY
The fact of purchasing by the USER confirms that the USER is familiar with the features of the SOFTWARE, satisfied with them, and agrees to the terms of this EULA. The OWNER does not refund the purchase of the SOFTWARE if the USER generates a registration key. Before making a decision to purchase the SOFTWARE, the USER can download, install, and test the DEMO version.

5. OWNERSHIP
The ownership and copyright of the SOFTWARE belong to the OWNER. The USER's license or subscription to CLOUD RETOUCHING does not grant ownership rights or rights of possession regarding the SOFTWARE and should not be interpreted as confirmation of the sale of any rights to the SOFTWARE.

6. COPYRIGHT
All exclusive rights, including copyright to the SOFTWARE, rights of the rights holder, are protected by the OWNER and international copyright treaties, as well as other laws related to intellectual property and agreements.

The copyright for retouched photographs belongs to the authors of the original photographs.

7. DISCLAIMER OF OTHER WARRANTIES
The OWNER does not guarantee that the SOFTWARE is free of errors. The OWNER disclaims all other warranties regarding the SOFTWARE, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. In some jurisdictions, exclusion of implied warranties or limitation of implied warranty duration is not allowed, or exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.

8. LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES
Under no circumstances shall the OWNER or its suppliers be liable to you for any consequential, special, incidental, or indirect damages of any kind arising out of the delivery, performance, or use of the SOFTWARE, even if the OWNER has been advised of the possibility of such damages. In no event shall the liability of the OWNER for any claim, whether in contract, tort, or any other theory of liability, exceed the amount of the monthly licensing fee paid by the USER, if such fee has been paid.

9. PRIVACY POLICY
9.1 Privacy Policy. The personal information you provide to the OWNER when placing an order and during registration is used solely for the OWNER's internal purposes. The OWNER uses the information it collects to understand what you like and to improve the SOFTWARE. Except as otherwise provided in this EULA or as otherwise permitted by you, the OWNER will not disclose your personal information to third parties without your explicit consent, except where reasonably required by law, permitted by this provision, or necessary to protect the OWNER and its agents. The OWNER may (and you authorize the OWNER to) disclose any information about you to private parties, law enforcement, or government officials, as the OWNER, in its discretion, believes necessary or appropriate to investigate or resolve potential problems or inquiries, or as otherwise required by law.
9.2 Email Communication. You agree that the OWNER may contact you via email and using any similar technologies for any purposes related to the SOFTWARE, other products of the OWNER, and any services or SOFTWARE that may be provided by or on behalf of the OWNER in the future. If you no longer wish to receive messages from the OWNER, you may unsubscribe at any time by following the instructions contained in any email received from the OWNER, or by sending a written unsubscribe request to the OWNER at: support@retouch4.me
9.3 Statistics. For the purpose of innovation implementation and continuous improvement of its products, the OWNER may collect certain usage statistics from its SOFTWARE, including, among other things, gathering information on how the SOFTWARE is used by USERS.

10. GENERAL PROVISIONS
This EULA between the USER and the OWNER supersedes any prior agreements and contracts, in any form (written or oral), relating to this EULA. If any part of this EULA is found to be invalid by a court, it will not affect the validity of the remaining parts of this EULA, which will continue to be in effect and enforceable according to its terms. This EULA will automatically terminate if its terms are violated. The OWNER reserves the right to amend this EULA at its discretion in writing. In the event of invalidity of any provision of this EULA, the parties agree that the invalidity of one part does not affect the validity of other parts.
Note: All images used to demonstrate the capabilities of the SOFTWARE are the property of their respective authors. The OWNER uses them solely for its private collection. Any images posted on the SOFTWARE's website may be removed upon the author's request.

11. APPLICABLE LAW AND DISPUTE RESOLUTION
This EULA is governed by the laws of the Republic of Estonia, and the USER agrees to this.

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