Effective date: 01 November 2023
Welcome to Unbound Consulting GmbH. (“Company”, “we”, “us” or “our”), a mobile technology company specializing in deep learning-related products. Our goal is to move forward mobile photography creation to the next level using neural networks, deep learning and computer vision technics. We aim to create new ways for people to express their emotions through the camera.
These Terms of Use (these “Terms”) apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our mobile application RetroLens: Photo Editor (“RetroLens” or “application”), website.
These Terms are a binding contract between you and us. You are accepting and agreeing to these Terms on your behalf or on behalf of the person or entity that you represent. If you are Using RetroLens on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf and that such person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
If you do not agree to these Terms, do not Use RetroLens. Your continued Use of RetroLens will confirm your acceptance of these Terms.
If you have any questions about these Terms or RetroLens, please contact us via an email welcome@unboundnation.io.
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NOTE: RetroLens uses a Neural Network Model Stable Diffusion that allows users to generate personalized Avatars (“Avatars”). For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ. There are certain restrictions to Using the Avatars feature – read more in Section 5. We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products. We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Also, we expect and appreciate you observing the rules of RetroLens Use listed in Section 5 of these Terms. |
RetroLens is an application based software that uses artificial intelligence algorithms to edit, modify and transform your photos and videos. The application allows you to (a) upload photos and videos onto application; (b) edit and modify uploaded photos and videos. Any photos or videos you submit through RetroLens mobile application are governed by Privacy Policy.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to continue operating part or all of the application or selectively disable certain features of the application. Your use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of RetroLens or any particular features will be done on our sole discretion.
General age limitation.
RetroLens website is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use RetroLens website. If you are under 13, do not:
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us (for contact information, please see Section 19: How to Contact Us).
Age limitation for EEA individuals. You must be at least 18 years old in order to Use RetroLens. We do not allow Use of RetroLens by EEA individuals younger than 18 years old. If you are aware of anyone younger than 18 Using RetroLens, please contact us (for contact information, please see Section 19: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Age limitation for UK individuals. You must be at least 18 years old in order to Use RetroLens. We do not allow Use of RetroLens by UK individuals younger than 18 years old. If you are aware of anyone younger than 18 Using RetroLens, please contact us (for contact information, please see Section 19: How to Contact Us), and we will take the required steps to delete the information provided by such persons.
Certain RetroLens features or functionalities may require you to register an account with us (“Account”). By creating an Account, you agree to:
You are entirely responsible for maintaining the confidentiality, security and control of your Account login information and for all activities that occur in your Account. We are not liable for any loss or damage arising from your failure to comply with the above requirements.
You may register your Account using a valid account on the app store or marketplace from which you downloaded RetroLens (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using Third-Party Account to register your Account, you are allowing RetroLens to access your Third-Party Account as permitted under the applicable terms and conditions that govern your and/our use of such Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
Please refer to our Privacy Policy for information about how we process and share information about you when you Use RetroLens. You acknowledge and agree that your Use of RetroLens is subject to our Privacy Policy.
RetroLens may allow you to upload, edit, create, store and share content, including photos and videos, as well as generate and download your Avatars (“User Content”). We do not claim ownership over your User Content.
We want you to enjoy the functionality of RetroLens seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
Therefore, solely for the purposes of operating or improving RetroLens, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works of your User Content, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating RetroLens or if otherwise implied by the Using of RetroLens and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from RetroLens’s library or by terminating your account.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.
You represent and warrant that:
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend and hold RetroLens harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
We will not be liable to you for any modification, suspension or discontinuation of RetroLens, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 8 “Data Security”).
You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using RetroLens.
You represent, warrant and agree that you will not Use RetroLens by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
Use of Avatars.
Due to the fact that we use Stable Diffusion AI technology in RetroLens for creation of the Avatars, you additionally represent, warrant and agree that you will not Use Avatars feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:
You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.
We reserve the right to:
RetroLens and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content (as defined below)), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in RetroLens, excluding your User Content (collectively, “RetroLens Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to RetroLens and RetroLens Content.
Your use of the RetroLens Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use RetroLens and the RetroLens Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
Any Use of RetroLens or the RetroLens Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RetroLens Content.
We may offer you a library of audio and music content provided by JAMENDO S.A. on RetroLens (collectively, “Music Content”). The Music Content available on RetroLens may be used only in the context and as part of other User Content that is being edited via RetroLens, so long as such editing is performed via RetroLens and permitted by the Supplemental Terms. We do not warrant the accuracy or completeness of any information (such as metadata) we provide to you with respect to the Music Content. You shall be solely responsible and liable for determining whether releases are required in connection with any proposed use of the Music Content and you shall be solely responsible and liable for obtaining all necessary releases. We do not grant any right, nor do we make any warranty, with regard to the use of the Music Content.
Some functionalities and features of the application are free of charge. We also offer subscription plans that provide access to enhanced services and additional features for a fee (the “Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of legal age in jurisdiction where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only.
Trial. We may offer our new users a trial period as a part of the chosen subscription to experience the Purchased Content and other features at a reduced price. The trial is considered a part of the subscription. At the end of the trial period, you may either cancel your subscription no later than 24 hours before the trial ends, or you may continue using the subscription at its normal price, and we will begin to charge you accordingly.
Please note that trial offers are available for new users only: if you have previously benefited from a trial period (or a part of a trial period) for any of our subscriptions, you will not be entitled to another trial offer, even if you subsequently cancel your subscription and apply for a new subscription at some later date. For avoidance of a doubt, the trial period within a subscription plan is calculated as a one piece continuous time period, despite whether you actually used the Purchased Content. If you paid for your trial, and cancel it during the trial period, you will not be refunded for the unused trial period.
Subscription. You can buy a subscription to the Purchased Content either via App Store or Google Play, or through our website using your credit/debit card, PayPal account or other payment service provided for on our website. Your refund options depend on the way you purchased the subscription (e.g., if you purchased it through App Store, you will be able to claim a refund via App Store support under their own rules).
The payment is charged at the beginning of each billing period.
If you have any difficulties, concerns, or questions about your subscription, please contact us at welcome@unboundnation.io.
Renewal and Cancellation. All subscriptions are automatically renewed at the end of your applicable subscription period, unless you turn off auto-renewal or cancel your subscription 24 hours before its end. You can cancel your subscription at any time, and you will instantly lose access to the Purchased Content. If you cancel your subscription during your subscription period, you will not be refunded for the unused period. You must cancel your subscription not later than 24 hours before it renews in order to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
If you purchased a subscription through the Apple App Store: you may cancel automatic renewals by selecting "Manage App Subscriptions" in your Apple Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.
If you purchased a subscription through the Google Play Store: you may cancel automatic renewals by selecting "Subscriptions" in your Google Play Account settings and selecting the subscription you want to modify, or otherwise in accordance with the then-current functionality of that platform.
If your subscription was purchased through our website: you may cancel automatic renewals of such subscription at any time prior to the applicable renewal date through your account settings following the instructions as outlined in our Refund Policy or by emailing us at welcome@unboundnation.io.
Should you have any questions or concerns about it, please contact our support team at contact@unboundnation.io for instructions on how to cancel your subscription.
Refunds. Your refund options depend on the way you have purchased your subscription.
Payments for trial period are non-refundable.
If your subscription was purchased through our website: Generally, your purchases are non-refundable. However, in certain cases we do provide refunds according to our Refund Policy. For further information on the refund rules please refer to our Refund Policy.
If you purchased a subscription through the Apple App Store or through the Google Play Store: The subscriptions purchased via Apple App Store are subject to Apple App Store refund policies, while subscriptions purchased via Google Play Store are subject to Google Play Store refund policies. This means that we cannot grant refunds for such subscriptions. To claim a refund for a subscription purchased via App Store or Google Play, please contact App Store support and learn more about refunds here, or contact Google Play support and learn more about refunds here, accordingly.
Please, be kindly informed that we are unable to view, access, or modify any financial transactions from Apple App Store or Google Play Store in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple App Store or Google Play Store in relation to your subscription or to request any refunds. Please contact the Apple App Store or Google Play Store regarding any refunds or to manage your subscription purchased through them, accordingly.
Please be aware that your purchased subscription does not cancel automatically if you delete the mobile application. You should cancel the subscription before the deletion of the mobile application.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, EXCEPT FOR AS EXPRESSLY STATED IN OUR REFUND POLICY, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
Changes. We may from time to time make changes to our subscription options, including recurring subscription fees, and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use our subscription after the price change takes effect, you will have accepted the new price. If you don't agree to a price change, you can reject the change by unsubscribing from the applicable subscription no later than 24 hours before the end of the subscription term.
Taxes. Tax rates or other fees are based on the rates applicable at the time of your charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on RetroLens have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from RetroLens by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive the DMCA Notices is:
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within RetroLens is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
We welcome any of your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or RetroLens (collectively, “Feedback”). You can submit Feedback by using ”Send Feedback“ button in RetroLens settings, or by contacting us at welcome@unboundnation.io or otherwise (for addtional contact details, please, see Section 19 of these Terms “How to Contact Us”), or via reviews in Apple App Store or Google Play. Your Feedback is non-confidential and will become our sole property once submitted to us. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to your Feedback and will be entitled to the unrestricted use and dissemination of your Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You also have the right to amend and supplement your Feedback to us, which we will take into account to provide accurate information to other users about RetroLens’s user experience. If we decide to make your Feedback public, we will not use any of your personal data, unless you explicitly consent to it.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of RetroLens; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with RetroLens. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content linked to RetroLens. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Your Use of RetroLens is at your sole risk. RetroLens is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that RetroLens is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of RetroLens within your Use.
Avatars feature uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Avatars feature, and therefore these Avatars in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Avatars feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or purchasing a subscription, you agree to the above disclaimer and waive any claims against us due to the generated Avatars.
The Company, as well as Company’s representatives or affiliates (the “Company Parties”) will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.
The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or RetroLens, regardless of the form of the action, is limited to the amount paid, if any, by you to Use RetroLens. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use RetroLens exceed the amounts you have paid to Use RetroLens or ten ($10) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
The laws of Germany, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes which might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using RetroLens. Your continued Use of RetroLens after we provide the notice will imply your acceptance of those changes.
By Using RetroLens, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on RetroLens. The communications between you and us may take place via electronic means, whether you Use RetroLens or send us emails, or whether we post notices on RetroLens or communicate with you via email. These communications may include notices about RetroLens and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of RetroLens (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of RetroLens and their scope, prices of in-app subscriptions).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
You may opt-out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to Use RetroLens. We are not responsible for any loss or harm related to your inability to Use RetroLens. Upon any termination, discontinuation or cancellation of RetroLens, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The following terms apply if you Use RetroLens on any device that contains the iOS mobile operating system (“App”) developed by Apple Inc. (“Apple”).
If you have any questions, complaints or claims with respect to these Terms or RetroLens, please contact us via email at welcome@unboundnation.io.