Pelia User Agreement

Pelia (the "App") is a mobile application developed for iOS devices, designed to provide users with professional light softening processing for portrait photography. The core service of the App is to intelligently recognize and soften cluttered ambient glare, light spots, and overexposed areas in night or indoor portrait photos uploaded by users, while preserving the clarity of the subject and the ambient light sense of the image (the "Services").

By downloading, installing, registering, logging in, or otherwise using the App and its Services, you ("User" or "You") acknowledge that you have read, understood, and agreed to be bound by this User Agreement (the "Agreement"). If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind such entity to this Agreement.

2.1 Account Creation: To use certain features of the Services (e.g., saving processed images to the cloud, accessing premium filters), you may need to create a Pelia account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Responsibility: You are solely responsible for maintaining the confidentiality of your account credentials (including but not limited to your Apple ID, password, or third-party login information) and for all activities that occur under your account. You agree to immediately notify Pelia of any unauthorized use of your account or any other breach of security.

2.3 Account Restrictions: You may not transfer, assign, or sell your Pelia account to any third party. Pelia reserves the right to suspend or terminate your account if it determines, in its sole discretion, that your account has been used in violation of this Agreement or applicable laws.

You agree to use the App and Services in compliance with all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, you shall not:

• Upload, process, or share images that infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
• Use the App for any illegal, harmful, fraudulent, or malicious purpose, including but not limited to processing images for illegal activities or distributing harmful content;
• Modify, reverse engineer, decompile, disassemble, or attempt to extract the source code of the App or any part thereof;
• Interfere with or disrupt the integrity or performance of the App or the Services, or bypass any security measures implemented by Pelia;
• Use any automated tools, bots, or scripts to access or use the App and Services without prior written permission from Pelia.

4.1 User Content Ownership: You retain all rights, title, and interest in and to all images and other content you upload, submit, or process through the App (the "User Content"). Pelia does not claim any ownership rights to User Content.

4.2 License Grant to Pelia: You grant Pelia a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and display User Content solely for the purpose of providing, maintaining, and improving the Services (e.g., processing images, storing User Content on cloud servers, displaying processed images in the App's preview interface).

4.3 Content Moderation: Pelia reserves the right, but not the obligation, to review, monitor, and remove any User Content that violates this Agreement or applicable laws. Pelia shall not be liable for any loss or damage resulting from the removal of User Content in accordance with this Agreement.

5.1 Premium Services: Pelia may offer certain premium features (e.g., unlimited high-resolution processing, ad-free experience) as part of a paid subscription or one-time purchase (the "Premium Services"). The pricing and payment terms for Premium Services are displayed in the App and are subject to change at Pelia's sole discretion, with prior notice to Users.

5.2 Payment: By purchasing Premium Services, you authorize Pelia to charge the applicable fees to your designated payment method (e.g., Apple App Store account). All payments are non-refundable, except as required by applicable law or the Apple App Store's refund policy.

5.3 Subscription Management: If you purchase a recurring subscription, the subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the end of the current billing period. You may manage your subscription and cancel auto-renewal through your Apple App Store account settings.

6.1 Service Changes: Pelia reserves the right to modify, suspend, or discontinue the App or any part of the Services (temporarily or permanently) at any time, with or without notice. Pelia shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

6.2 Termination by User: You may terminate your use of the Services at any time by uninstalling the App and canceling your account (if applicable).

6.3 Termination by Pelia: Pelia may terminate or suspend your access to the App and Services immediately, without prior notice or liability, if you breach any provision of this Agreement or if Pelia determines that your use of the Services is harmful to Pelia, other Users, or third parties.

6.4 Effect of Termination: Upon termination of this Agreement, your right to use the Services shall immediately cease. Sections 4, 5, 7, 8, and 9 of this Agreement shall survive termination.

7.1 AS-IS SERVICE: THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability: IN NO EVENT SHALL PELIA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP OR SERVICES, EVEN IF PELIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Third-Party Services: The App may contain links to third-party websites or services that are not owned or controlled by Pelia. Pelia has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Pelia shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party services.

8.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles.

8.2 Informal Dispute Resolution: Before initiating any legal proceeding, you agree to first contact Pelia at the contact email provided in this Agreement and attempt to resolve the dispute informally for a period of 30 days.

8.3 Arbitration: If the dispute cannot be resolved informally, any claim or dispute arising out of or relating to this Agreement or the use of the Services shall be resolved by binding arbitration in San Francisco County, California, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding on both parties.

8.4 Waiver of Class Action: YOU HEREBY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION IN CONNECTION WITH ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR THE SERVICES.

9.1 Pelia reserves the right to update or modify this Agreement at any time. When we make material changes to this Agreement, we will notify you by posting the updated Agreement in the App and indicating the effective date of the changes.

9.2 Your continued use of the App and Services after the effective date of the updated Agreement constitutes your acceptance of the changes. If you do not agree to the updated Agreement, you must stop using the App and Services immediately.