Terms and Conditions

Reblum End User License Agreement

This End User License Agreement (“EULA” or “Agreement”) is a standard form legally binding agreement between the natural person that will use the Reblum Service on the one hand (“Licensee”,  “User” or “you”), and the Licensor on the other hand (“Reblum”, “Licensor”, or “we”), who owns the Reblum Service.

The EULA governs the terms under which you may obtain and use the Reblum Service (as defined below). This EULA applies to the use of any Reblum Software License versions described in clause 2 hereof, irrespective of whether they were published before the effective date of the EULA or later.

Please read the EULA carefully before accepting it. By downloading, installing, logging in, making a purchase, accessing or otherwise using any part of Reblum Service, you agree to be bound by the terms of this EULA and you are acknowledged that your data is processed in accordance with our Privacy Policy. 

1. Definitions

   1. “Reblum”, “Licensor”, or “we” means Reblum LTD a legal entity registered under the laws of the United Kingdom, company number 15146084, having its principal place of business at: 61 Bridge street, Kington, Herefordshire, United Kingdom, HR5 3DJ. Contact details: email address: support@reblum.app.

   2. “Reblum Software” or “Software” means software product present on our Website https://reblum.app/ with all its upgrades, revisions, enhancements, fixes modifications and additions, owned by the Reblum, which you may install on your device and use for the automatiс processing of a large number of photographs with the application of AI technologies, in accordance with the terms and conditions of this EULA.

   3. “Reblum Service” means the Reblum Software and its supporting online services (including the Website with a user account, technical support services etc.).

   4. "Subscription Plan" means the schedule of fees and billing terms currently in force which are available at: https://reblum.app/pricing. 

   5. “Subscription Term” means the Period during which the User is licensed to use the Software pursuant to this EULA and the applicable Subscription Plan, together with any renewal terms (if applicable, as may be set forth in the Subscription Plan). 

   6. "Trial Period" means the initial period indicated within the relevant Subscription Plan from the first date of which the Software became available in full without charging.

   7. “Use” means storing, loading, installing, executing or displaying the Software. 

   8. “User account” means the account created on the Website by the User through the registration process to have access to a particular Reblum Service.

   9. “Website” means the website available at: https://reblum.app/ and all its web-pages, which are owned by the Reblum, and where you may purchase and download the Software.

2. Account Registration

   1. You may need to register the User account on the Website in order to purchase the Subscription Plan, get access to the Full version of the Software, and manage your subscription. 

   2. When you create an User account on the Website, you guarantee that you are above the age of legal majority, and that any registration information that you provide is accurate, current, and complete. You should also update your information so that Reblum may send information to you by email or through your User account, as provided by our Privacy Policy. 

   3. You may use your existing accounts in third-party services (e.g. Google or Apple) to register the User account. In such a case, you grant us access to the data indicated in the respective notification before registration.

   4. You expressly understand and agree that you are solely responsible for all activity that occurs under your User account and on your behalf, whether done so by you or any third person using your User account.

3. Grant of License

   1. General Licensing provisions 

      1. Upon payment of the applicable Subscription Plan fee, or when you download the Software (in case of Demo version), subject to the terms of this EULA, Reblum as a Licensor grants you as a Licensee a time-limited, worldwide, non-exclusive, revocable, non-sublicensable, non-transferable, limited license to use the Software. 

      2. All deliveries of the Software will be electronic. For the avoidance of doubt, you are responsible for the installation of any Software. You have the right to remove the Software at any time. 

      3. Reblum retains its intellectual property rights to the Software, both the original and all subsequent copies made (including copyrights, trademarks, service marks, trade secrets, trade names, domain name rights, database rights, design rights, patents, patent applications, moral rights, and all other rights, whether registered or unregistered).

      4. This license is not a sale of the original Software or of any copy. This Software is only licensed to you. The Software, any Reblum Service or an interest in them shall not be transferred, transferred by timesharing, by subscription or by outsourcing, assigned, rented, leased, sold, hosted or otherwise disposed of to anyone else.

      5. The Software is available in Demo and Full versions that have several functional differences and limitations, as well as licensing differences. When you purchase the Subscription Plan, you receive a personal copy of the corresponding Software license for that version. 

      6. Subject to applicable laws, Reblum reserves the right, in its absolute discretion, at any time with or without prior notice and with no liability:
         
         a) to determine your eligibility for a Trial period and to withdraw or to modify the conditions of the Trial period, 
         
         b) to limit the available quantity of or discontinue any Subscription Plan, Software versions or service;
         
         c) to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; 
         
         d) to bar any User from making any or all payments; and/or 
         
         e) to refuse to provide any User with any Reblum Service. 

   2. Software Demo version

      1. The Software Demo version is a free version available for download on the Website. You are granted a license to use the Software Demo version so that you may assess the functions of the Software, test and evaluate it to understand if you are interested in purchasing the Full version of the Software. 

      2. The Software Demo version allows you to only use the working tools to automatically process images in the Software without the possibility to save and download the results of such processing. If you would like to save the image/photo, you have to acquire the Full version of the Software. 

      3. One copy of the Software Demo version is available on no more than one device and may be used for evaluation purposes only. Any use of the Software for other purposes, including for commercial purposes, during access to the Demo version is prohibited.

   3. Full version of the Software and the Subscription Plan

      1. The Full version of the Software provides the User with access to a wide range of Software functions. If you wish to use the Full version of the Software, you must authorize through the Website and purchase one of the available Subscription Plans. 

      2. Reblum may provide you with a Trial period after which you will be automatically charged according to the applicable Subscription Plan. The Full version of the Software is available after activation of the Trial period in the User account. You may activate the Trial period only once from one User account.

      3. During the Trial period, you can cancel your Subscription Plan without incurring any charges. If the Subscription Plan is canceled during the Trial period, access to the full version of the Software is terminated. 

      4. One copy of the Full version of the Software is available on no more than three devices and can be used for both non-commercial and commercial purposes (e.g. to gain income with the use of the photos received). 

      5. The Subscription Term lasts for the period indicated in the respective Subscription Plan. During the Subscription Term, you can download the Software, install it on your device, edit images, save them, and upload them to your device.

      6. You may cancel the Subscription Plan at any time in your account on the Website. The full version of the Software will remain functional until the termination of the current paid Subscription Plan.

      7. Reblum may replace the Subscription Plan with a 30-days prior written notice (including by email or through the User account on the Website).

4. Support Services

   1. Reblum may provide you with support services related to the Software (“Support Services”) for the sole purpose of addressing technical issues relating to the use of the Software. Support Services also include access to bug fixes, patches, modifications, or enhancements to the Software that Reblum makes generally commercially available during the Subscription Term. When accepted by you, any such releases will be considered part of the Software and subject to the terms of this EULA.

   2. Reblum will use reasonable efforts to provide web-based and/or email support to the Licensee during normal business hours. 

   3. Reblum is solely responsible for providing all Support Services for the Software, and for providing the Licensee with all information necessary for the Software use.

   4. If you have any feedback regarding your purchase or use of the Software, please write to us via the contact details mentioned in the definitions section, on the Website or in the Software.

5. Price & Payment

   1. To purchase available Subscription Plans through the Website, we may use third-party suppliers and service providers to enable e-commerce functionality on our Website.

   2. If you wish to purchase any Subscription Plans available through the Website, you may be asked to supply your credit card number, the expiration date of your credit card, your billing address for charging you for the purchased Subscription Plan ("Card Details"). The provision of any such Card Details shall be the User's authorisation to charge all Subscription Fees to those Card Details.

   3. Access to the Full version of the Software begins from the moment of providing such Card Details. If Reblum offers a Trial period, Reblum automatically charges you for the relevant Subscription Plan just after the Trial period ends by charging your card using the provided Card Details.

   4. The Subscription Term shall automatically renew for an additional Subscription Term as stated in the Subscription Plan, unless Reblum or User provides notice of non-renewal. The renewal rate will be the same based on the then current price list at the time of renewal, unless Reblum informs you otherwise prior to the renewal. 

   5. If Reblum replaces the Subscription Plan, Reblum may increase the fees payable for such new Subscription Plan and/or introduce new fees.

   6. Reblum reserves the right to suspend the User's access to the Full version of the Software and switch it to the Demo version mode if their User account falls into arrears. You may renew your Subscription Plan by re-purchasing the relevant Subscription Plan, but in this case, the Trial Period will not be available.

   7. All payment obligations are non-cancellable and all amounts paid are non-refundable. Any refunds shall be subject to consideration by Reblum upon your request sent to the e-mail indicated in clause 1.1. In this case, you shall ensure that a response from a Reblum does not end up in your spam. That is, you need to ‘whitelist’ Reblum, check the spam or junk mail folder, or take other measures provided by your mail service to make sure нou don't miss any of Reblum's emails. Reblum makes no warranties regarding your refund in all situations and decides such requests at its sole discretion.

   8. You are responsible for paying for all payments for the entire Subscription Term. 

   9. Reblum’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the User shall be responsible for payment of all such taxes, levies, or duties.

6. Restrictions

   1. The Software is not available for mobile devices. It is supported only for following operating systems:

      ● Windows: GeForce 970 and better, or Radeon 470 and better;

      ● MacOS: Radeon 450 or better, or M1 or better.

   2. The Software is protected by copyright law and international treaty provisions. Unauthorized copying of the Software is expressly forbidden. You may not modify, clone, adapt, translate, reverse engineer, damage, decompile, disassemble, create derivative works based on the Software, or otherwise modify the components of the Software both for improvement purposes and for the purpose of circumventing the licensing and copy protection mechanisms. If any of these actions are authorized by the applicable law, you hereby renounce such rights with respect to the Software to the fullest extent possible. In case you are legally barred from renouncing some or all of these rights, you hereby contractually undertake not to exercise them with respect to the Software.

   3. You shall not request, induce, hire and assist any third party in performing any of the prohibited activities listed above.

   4. The Software should not be given for rent, rented or transferred to other persons. You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.

   5. You are not allowed to remove any markings or notices of property rights, including intellectual property rights. You are not allowed to evade in any way the copyright protection of the Software.

   6. You are not allowed to publish any results of benchmark tests run on the Software or its components.

   7. You are obliged to comply fully with all relevant export laws and regulations of the country of your domicile and other applicable export and import laws to assure that neither the Software, nor any direct product thereof, nor the dongle, are exported, directly or indirectly, in violation of applicable laws.

   8. The Software cannot be used on virtual machines without Reblum's written permission. Virtualization technology may not be used to bypass other licensing terms and restrictions. The Software cannot be used to create automated services, bots, Telegram-bots, and similar public services without the written permission of the Reblum. You agree and accept that Reblum may use license tracking mechanisms and metrics to prevent any violation of this EULA. The license tracking mechanisms and metrics may use your internal network and internet connection. The license prohibits any use of the Software, which violates international or local laws. Any unauthorized use will result in immediate and automatic termination of this EULA, and may, therefore, result in a lawsuit.

   9. In the event that you fail to comply with this EULA, Reblum may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination). Besides, you may be held legally liable for any copyright infringement caused by your failure to abide by the terms of this agreement.

7. Trademarks and Copyright

   1. The foregoing license gives you a limited license to Use the Software. Reblum and/or our licensors and suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any work you may develop or create), all copies thereof, and the information and materials made available through the Website. All rights not specifically granted in this EULA are reserved by Reblum and/or our licensors and suppliers.

   2. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Software or Website or any information or materials made available through the Website.

   3. All proprietary and intellectual property rights whatsoever in and to the trademarks, service marks, trade names, logos and other commercial designations relating to Reblum (collectively “Reblum Trademarks'') belong to and vest in us absolutely and you shall not have nor claim any adverse rights, title or interest in or to the Reblum Trademarks. Reblum Trademarks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion.

   4. We reserve all rights of ownership and control over the Reblum Trademarks and the right to restrict any Use which We in our sole discretion believes poses a serious threat or could be detrimental to the Reblum Trademarks and our goodwill and reputation. 

   5. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Reblum Trademarks without the express prior written consent of the owner.

8. Third-Party Software

   1. This Software incorporates (and therefore is a derivative work of) a number of third-party software. The applicable licenses require us to retain copyright notices and/or license information for such third-party software. These notices are listed below.

   2. wxWidgets
      
      Copyright (c) The wxWidgets contributors wxWidgets is distributed under wxWindows Library Licence, version 3.1. wxWindows Library Licence is essentially a modified version of L-GPL license. Its full text is available at https://www.wxwidgets.org/about/licence/.

   3. OpenCV

      Copyright (c) 2000-2022, Intel Corporation, all rights reserved.
      Copyright (c) 2009-2011, Willow Garage Inc., all rights reserved.
      Copyright (c) 2009-2016, NVIDIA Corporation, all rights reserved.
      Copyright (c) 2010-2013, Advanced Micro Devices, Inc., all rights reserved.
      Copyright (c) 2015-2023, OpenCV Foundation, all rights reserved.
      Copyright (c) 2008-2016, Itseez Inc., all rights reserved.
      Copyright (c) 2019-2023, Xperience AI, all rights reserved.
      Copyright (c) 2019-2022, Shenzhen Institute of Artificial Intelligence and Robotics for Society, all rights reserved.
      Copyright (c) 2022-2023, Southern University of Science And Technology, all rights reserved.
      Third party copyrights are property of their respective owners.
      Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.
      
      Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "as is" basis, without warranties or conditions of any kind, either express or implied. See the License for the specific language governing permissions and limitations under the License.

   4. ONNX

      Copyright (c) The ONNX contributors.
      Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.
      Unless required by applicable law or agreed to in writing, Software distributed under the License is distributed on an "as is" basis, without warranties or conditions of any kind, either express or implied. See the License for the specific language governing permissions and limitations under the License.

9. User Content

   1. Content 

      1. Using the Reblum Service, you can upload, send, transmit, share, or in any other available way transfer their Content to Reblum, including any data, information, communication, or material such as images, photos etc. ("User Content"). We do not claim any ownership rights to your User Content, as well as any derivative works you create based on such User Content using the Software.

      2. You represent and warrant that: 

         a) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these EULA, and

         b) the sharing of your Content on or through the Reblum Service does not violate this EULA, applicable law, or the intellectual property rights, the privacy rights, publicity rights, contract rights or any other rights of any person. 

         You are and remain responsible and liable for any User Content you shared with us. Please do not share with us Content unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.

      3. You also confirm that, to the extent your Content includes any third-party material, you have obtained permission for the use of such third-party material consistent with the scope of this license or use of such third-party material is otherwise legal under applicable law. Upon Reblum's request, you agree to provide Reblum with satisfactory evidence of legality of use of all third-party material.

   2. Content Restrictions

      1. You may not upload, share, transmit, display or otherwise make available through your use of the Software any User Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

      2. Reblum may, but has no obligation to, monitor, review, or edit User Content. We do not review all User Content uploaded to the Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). In all cases, Reblum reserves the right to remove or disable access to any User Content or account for any or no reason, including but not limited to, User Content that, in Reblum’s sole discretion, violates the EULA. Reblum may take these actions without prior notification to you or any third party. Removal or disabling of access to the User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

      3. Reblum is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against Reblum related to User content that you provide, then, to the extent permissible under local law, you will indemnify and hold Reblum harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.

   3. Licenses to the User Content

      1. Solely for the purposes of operating or improving the Software, you grant us a non-exclusive, worldwide, royalty-free sublicensable license to use, reproduce, modify, create derivative works based on, and translate the User Content. For example, we may sublicense our right to the User Content to our service providers to allow the Software to operate as intended. 

   4. Feedback

      1. In the course of using the Software, if you do not like the result you receive, you may provide us with your User Content and submit your comments, questions, ideas, proposals, or bug or crash reports, thoughts, criticisms, suggested improvements or other feedback related to the Software (collectively “Feedback”). Please carefully consider what you choose to share with us as you are responsible for the Content that you share. We know that by giving us your User Content, you are trusting us to treat it appropriately.

      2. The User Content sent for Reblum is used only for the purpose of analysis, bug fixes, patches, modifications, or enhancements to the Software and is strictly kept within the Reblum team and will not be transferred outside except for storage purposes on our external servers. Reblum’s Privacy Policy details how we treat your User Content (when it includes personal data) and we agree to adhere to such an approach. You agree that Reblum may use and share your User Content in accordance with our Privacy Policy.

      3. If you share with us your Feedback through any means of communication, you own the Feedback and you grant to us a worldwide, royalty free, fully paid, perpetual, irrevocable license:

         a) to use, reproduce, modify, translate, distribute, perform, display, import, sell, license, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and

         b) to allow others to do the same without restriction or obligation of any kind,

         c) and to incorporate into our products or services any service, product, software, technology, enhancement, documentation or other development (“Improvement”) incorporating or derived from any Feedback, with no obligation to license or to make available the Improvement to you or any other person or entity. 

      4. Reblum may (but do not have the obligation) notify you of actions taken on the User Content you have submitted and respond to your comment regarding an issue you have encountered and result of its resolution.

10. Warranties and Representations

    1. The Parties warrant each other that they have full power and authority to agree to and be bound by this EULA.

    2. Reblum warrants that as of the date of execution of the EULA: do so.

       a) it is the sole owner of all proprietary intellectual property rights in the Software;

       b) no third parties are granted such licenses (permits) to use the Software that would make it impossible for you to fully exercise the rights granted to you under the EULA;

       c) proprietary intellectual property rights in the Software are not fully or partially a subject of a pledge, litigation or third parties’ claims;

       e) granting a license under the EULA does not violate the rights of third parties.

11. Disclaimers of Warranties

    1. Reblum Services are provided to you on an “as is” and on “as available” basis. The use of the Reblum Services are at your own risk. Reblum makes no warranty as to the Reblum Service's use or performance.

    2. To the maximum extent permitted by applicable law, Reblum disclaims all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Reblum Services, and the provision of or failure to provide support services. Reblum does not warrant that the Reblum Services are accurate, reliable, or correct; that the Reblum Services meet all your requirements; that the Reblum Services will be available at any particular time or location, uninterrupted, or secure; that any defects or errors will be corrected; or that the Reblum Services are free of viruses or other harmful components.

    3. In no event Reblum will be liable for any direct or indirect costs, losses, or damages associated with your use of Reblum Services. 

12. Data Security & Privacy

    1. Reblum’s collection, use, disclosure and handling of your information is done in accordance with its Privacy Policy. The most recent version of the Privacy Policy can be found here: [https://reblum.app/privacy].

13. Termination 

    1. The EULA shall be valid between you and the Reblum during the validity term of exclusive proprietary copyright under the applicable law unless the termination of the EULA occurs.

    2. You can terminate the EULA by deleting the Software and your Website account (if applicable) and ceasing to use Reblum Service.

       1. Reblum may terminate the EULA without advance notice to you if you commit any breach of the terms and conditions of the EULA, including breach of warranty or representation. Upon such termination, you must immediately (i) cease using the Software for any purpose; (ii) destroy or delete copies and archives of the Software; and (iii) requested, confirm to us in writing that you have complied with all these requirements.

       2. We reserve the right to revoke or amend the EULA granted to you at any time.

    3. Termination By Notice

       1. Reblum may terminate this EULA if we decide to withdraw the Reblum Service (whether on a temporary or permanent basis) or decide to no longer permit access to the Software by the User (by use of passwords or changes of passwords or by any other means).

    4. Termination for Cause

       1. Reblum may terminate this EULA if the User commits any material breach of any of the terms of this Agreement and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified of the breach. Without limit to the generality of the foregoing any breach of the User's payment obligations, User Content restrictions or unauthorized use of the Reblum Service, as well as  breach of warranty or representation will be deemed a material breach of this EULA.

    5. Termination Consequences

       1. Upon any termination or suspension of your account, Reblum may immediately deactivate or delete User account and all related information and/or restrict any further access to Reblum Services.

       2. Reblum shall not be liable to you or any third party for any reason for terminating or suspending your use or access to Software or any other Reblum Service.

       3. You agree not to be entitled to any refund if the termination is due to your material breach of the terms of the EULA.

14. Limitation of Liability

    1. Except for the indemnification obligations in Section “Indemnification”, or breach of Sections “Price & Payment”, “User Content”, “Data Security & Privacy”, Reblum’s aggregate liability under any claims arising out of this EULA shall not exceed the fees paid by you for the current license period. 

    2. Other limitations could be provided by applicable law. In such a case, Reblum’s liability shall be limited to the maximum extent allowed by such applicable law.

15. Indemnification

    1. You agree to indemnify and hold us, our affiliates and subsidiaries, their respective past and present officers, directors, agents, employees, partners, independent contractors, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of 

       a) your use or misuse of the Reblum Service or any component thereof other than as permitted under this EULA; 

       b) your breach of the EULA; 

       c) your infringement, misappropriation or violation of any intellectual property or other rights of another person or entity; or 

       d) any User Content originated or stored by you.

16. Applicable Law and Dispute Resolution

    1. This EULA is governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of England and Wales.

    2. The Parties shall seek to resolve any disputes arising out of or in relation with this EULA through negotiations. For this purpose, if the claim is raised by you, you should address your claim to the following e-mail: support@reblum.app.

    3. The disputes not settled by the Parties by means of negotiations shall be resolved by binding arbitration in accordance with the ICC Rules of Arbitration of the International Chamber of Commerce (“Rules”) in force on the date when the Notice of Arbitration is submitted in accordance with these Rules. The number of arbitrators will be one. The arbitral proceedings will be conducted in English.

17. Miscellaneous

    1. Reblum is not exempted from the assignment of its rights under the EULA to any third party without your prior consent. The assignment of the Reblum’s rights shall not affect the validity of the EULA or any license thereunder.

    2. Neither of the Parties will be liable for failure or delay in their performance under the EULA to the extent caused by circumstances beyond their reasonable control if approved in accordance with the applicable laws.

    3. Reblum may modify, amend or otherwise change the terms of the EULA at its sole discretion. In case there are such modifications and amendments, you should update to the current version of the Software. By installing the updated version of the Software, you accept the terms of the new version of the EULA and agree to be bound thereby.

    4. Should any provision of this EULA be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.