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END USER LICENSE AGREEMENT - ALBUM3D (STEAM EDITION)
IMPORTANT: THIS IS A LICENSE, NOT A SALE
IMPORTANT NOTICE: IT IS IMPORTANT THAT YOU READ THIS DOCUMENT BEFORE USING THE SOFTWARE AND DOCUMENTATION (COLLECTIVELY, "SOFTWARE"). BY INSTALLING, DOWNLOADING, ACCESSING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you (an individual person, the "User") and 4AI Limited ("4AI"), 128 City Road, London, EC1V 2NX, United Kingdom, company number 10976044, regarding your use of the Album3D (Steam Edition) software obtained through the Steam platform (the "Steam Edition"). This Agreement is enforceable against you and any legal entity that obtained the Software and on whose behalf it is used.
If Steam or another authorized platform presents a version of this Agreement, or additional license terms for the Software, for your acceptance before installation, purchase, update, launch or continued use (the "Platform-Presented License"), that Platform-Presented License is the controlling version of the agreement between you and 4AI for the Software. Any copy of this Agreement included in, embedded in, or displayed by the Software is provided for convenience and reference, and if it differs from the Platform-Presented License, the Platform-Presented License will prevail to the extent of the difference. To the extent this Agreement or the Platform-Presented License conflicts with any mandatory provisions of the Steam Subscriber Agreement or other applicable platform terms, the platform terms will govern with respect to purchases, payments, refunds, account access, installation, updates and platform services provided through that platform.
DEFINITIONS
"Software" means the Album3D (Steam Edition) application, including any updates, patches and enhancements provided by 4AI, and any related documentation supplied by 4AI.
"4AI" means 4AI Limited, 128 City Road, London, EC1V 2NX, United Kingdom, company number 10976044 (address may change from time to time).
"Use" or "Using" means to install, access, load, run or otherwise benefit from the functionality of the Software.
"User Content" means any images, photos, videos, audio, text or other content that you import into, process with, or create using the Software.
"Software Content" means any albums, projects, scenes, presentations, images, audio, video, 3D environments, assets, templates, curated content or other content supplied with, embedded in, downloaded through, unlocked by, or otherwise made available in the Software by or on behalf of 4AI, excluding User Content.
"Credits" means in-application units that permit access to certain features of the Software (for example, importing images where supported, unlocking content, or using premium features), as further described below.
"Commercial Use" means using the Software, any User Content created with it, any Software Content, or any screenshots, videos, recordings or other media captured from, exported from, or depicting the Software, User Content or Software Content, in connection with a business, for a fee or other consideration, or to promote or advertise products, services or organizations. However, publication of screenshots, still images, pre-rendered videos, livestreams, gameplay recordings or other non-interactive audiovisual media permitted by this Agreement will not be treated as Commercial Use solely because a third-party platform displays advertising with or around such media, shares ordinary advertising revenue, pays ordinary creator-fund or subscription-pool revenue, or provides similar standard platform monetization, provided that you are not charging a separate fee for access to the media, not creating the media as part of a paid service to a client, not publishing it as paid advertising, sponsorship, endorsement or promotion, and not otherwise using it in a manner that substitutes for, imitates or competes with the Software or related products or services protected by this Agreement. For clarity, this definition does not restrict your independent use of your own User Content outside of the Software.
1. LICENSE GRANT - PERSONAL, NON-COMMERCIAL USE
1.1 License Grant. Subject to your continuous compliance with this Agreement and the applicable Steam terms, 4AI grants you a personal, limited, non-exclusive, non-transferable license to install and use the Software via your Steam account on devices you own or control, solely for your personal, non-commercial use.
1.2 Permitted Personal, Non-Commercial Uses. This license is intended for private, home and hobby use. Where the relevant Software edition includes features for creating, importing, editing, exporting or sharing your own albums, projects, scenes, presentations or other User Content, you may use those features to create, view and privately share such personal content for yourself and your household, family and friends. Where supported by the relevant Software edition, you may also share such personal content with invited guests personally connected with a private event, such as a wedding. You may publish screenshots, still images, pre-rendered videos, livestreams, gameplay recordings and other non-interactive audiovisual media that merely depict the Software or content viewed in the Software, including on your personal social media accounts, creator accounts or video-sharing platforms, provided that you are not charging a separate fee for access to such content, not using it as part of a paid service to clients, not publishing it as paid advertising, sponsorship, endorsement or promotion, not otherwise using it for Commercial Use, and not providing access to reusable project files, packages, templates, bundled assets, extracted assets, or interactive experiences except as expressly permitted by this Agreement. Ordinary platform monetization described in the definition of Commercial Use does not by itself make such publication prohibited.
1.3 No Commercial Use Without Commercial-Use Rights. This Agreement does not grant you any right to Commercial Use. If you wish to use the Software, Software Content, any resulting User Content, or any media captured from or depicting the Software, Software Content or User Content for Commercial Use (for example, to provide paid slideshow, album, presentation or media services to clients, to sell videos or other works created with or captured from the Software, or to use such works in commercial advertising or marketing), you must first obtain commercial-use rights from 4AI. Such rights may be granted under a separate written commercial license, through an authorized commercial edition, DLC, in-application purchase, subscription, add-on, platform entitlement, or other commercial-use option made available by 4AI through Steam, another authorized platform, or 4AI's official website or support channels. Any Commercial Use is permitted only within the scope, duration, territory, account, edition, feature set and other limits of the applicable commercial-use rights and any additional terms provided with them.
1.4 Steam Account. Your right to use the Software is tied to your Steam account and is subject to the Steam Subscriber Agreement and any applicable Steam policies regarding account usage, device limits and family sharing. 4AI does not control and is not responsible for Steam's account, access control, or refund mechanisms.
2. CREDITS AND IN-APPLICATION FEATURES
2.1 Credits. Certain features of the Software (for example, importing images where supported, unlocking content, or using premium features) may require the use of Credits. Credits are a limited, non-exclusive right to access specific Software features and do not represent money, stored value or a deposit.
2.2 Acquisition of Credits. Credits may be made available for purchase through Steam or as otherwise permitted by the platform. Any acquisition of Credits is subject to this Agreement and to the Steam Subscriber Agreement or other applicable platform terms.
2.3 No Monetary Value; Non-Transferable. Credits have no cash or monetary value, are non-transferable (except as expressly permitted by Steam or the applicable platform), and are non-refundable except where required by applicable law or by the platform's mandatory policies. You acknowledge that you do not own Credits and that 4AI may change or discontinue Credit-based features in accordance with Section 10 (Changes to the Software and the Agreement).
2.4 Consumption and Changes. When you choose to use a feature that requires Credits, the relevant number of Credits will be deducted from your balance. 4AI may from time to time change which features require Credits, and how many Credits are required for a given operation. Such changes will apply prospectively and will not remove Credits you have already acquired.
3. USER CONTENT AND RESPONSIBILITY
3.1 Ownership of User Content. Subject to this Agreement, you retain any rights you may have in your User Content. 4AI does not acquire ownership of your User Content solely by virtue of your Use of the Software.
3.2 License to 4AI. You grant 4AI a limited, non-exclusive, worldwide license to use, reproduce, modify and display your User Content solely as necessary to provide, operate, maintain, secure and support the Software and related services (for example, to import images where supported, generate thumbnails, render albums, scenes, presentations or experiences, and provide related functionality on your devices or within the application).
3.3 No Sale or AI Training of User Content. 4AI will not sell, rent or license your User Content to third parties for advertising, data brokerage, AI training, machine-learning training, biometric identification, or similar unrelated business purposes. 4AI will not use your User Content to train or improve AI or machine-learning models, unless you expressly request, enable or consent to a feature or service that clearly requires such processing, or unless required by applicable law. This Section does not prevent 4AI or its service providers from processing User Content on behalf of 4AI as necessary to provide, operate, maintain, secure, troubleshoot or support the Software and related services, subject to this Agreement and any applicable privacy policy.
3.4 Rights in User Content. You are solely responsible for ensuring that you have all necessary rights, permissions and licenses to import, process and use any User Content with the Software. You must not import or use any User Content that infringes third-party intellectual property or other rights.
3.5 Forbidden Content. You must not use the Software to create, import or distribute User Content that is illegal, or that promotes or depicts child abuse, hate, serious harm, harassment, or other content that is clearly abusive or prohibited under applicable law. 4AI may, where legally permitted and technically feasible, restrict or terminate your access to the Software in response to serious or repeated violations of this Section.
4. RESTRICTIONS AND PROHIBITED USES
4.1 No Redistribution of Software. You may not rent, lease, lend, sell, sublicense, distribute or make the Software itself available to third parties, except as enabled by Steam's standard mechanisms (such as authorized family sharing) and as allowed by this Agreement and the Steam Subscriber Agreement.
4.2 No Reverse Engineering. Except to the extent expressly permitted by applicable law, you may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas or algorithms of the Software.
4.3 No Bypass of Technical Protections. You may not attempt to circumvent, disable or otherwise interfere with digital rights management, copy protection, usage limits, Credit consumption mechanisms or any other security-related or technical restrictions in the Software.
4.4 No Unlawful Use. You may not use the Software in any manner that violates applicable law or regulations, including laws relating to privacy, intellectual property, or data protection.
4.5 No Use for Training or Improving AI Models on 4AI IP. Except to the extent expressly permitted by applicable law, you may not (and may not permit any third party to) use the Software, Software Content, or any portion of them that embodies 4AI's intellectual property (including its user interface, visual design, layout, 3D album, scene, environment, presentation or content structures, animations, workflows, curated content or other distinctive visual or functional elements), or any screenshots, videos or other recordings that primarily depict such elements, as training data or evaluation data for any machine learning model, neural network or other AI system that is intended to: (a) generate, imitate or otherwise reproduce the Software or Software Content, the Software's user interface, visual design, 3D album, scene, environment, presentation or content layouts or other distinctive elements; or (b) develop or improve products or services that are substantially similar to, or that compete with, the Software, any successor, related, companion or derivative product or service of 4AI, or any similar software, product or service offered by 4AI, its affiliates, entities under common control with 4AI, successors or assigns. For clarity, this Section 4.5 does not restrict your independent use of your own User Content (for example, your photos and videos) outside of the Software, provided that such use does not include Software Content or other 4AI intellectual property.
4.6 No Mass Distribution or Public Hosting of Projects or Outputs.
4.6.1 Prohibited Public or Mass Distribution. Except for ordinary private sharing permitted by Section 1.2 and Section 4.6.3, you may not publish, host, upload, distribute, sell, give away, make publicly available, or otherwise provide access to any project, package, template, interactive album, project file, exported experience, or similar reusable or interactive output created with or by means of the Software (including any project file, package file, bundled asset, archive, exported file, or comparable file format, regardless of file name or extension) in a manner intended or likely to reach the general public or large numbers of unrelated recipients, whether free of charge or for payment. This includes distribution through public websites, marketplaces, app stores, software repositories, file-sharing services, publicly accessible cloud links, community platforms, or similar services, especially where the distribution could substitute for, imitate, or compete with the Software, with any successor, related, companion or derivative product or service of 4AI, or with any similar software, product or service offered by 4AI, its affiliates, entities under common control with 4AI, successors or assigns. This Section also prohibits distribution that would enable third parties to reuse, adapt, extract, repackage, redistribute, or commercialize the project, output, Software Content, or their distinctive 3D album, scene, environment, presentation or photo-presentation experience.
4.6.2 Screenshots, Videos and Livestreams May Be Published. This Section 4.6 does not prohibit you from publishing, uploading, hosting, streaming or otherwise sharing screenshots, still images, pre-rendered videos, livestreams, gameplay recordings, or other non-interactive audiovisual media that merely depict the Software or content viewed in the Software, including on public websites, social media, creator platforms or video-sharing platforms. However, such media must not include or provide access to reusable project files, packages, templates, bundled assets, extracted assets, Software Content as separate files or assets, or interactive album, scene, presentation or other interactive experiences, and your publication and use of such media must otherwise comply with this Agreement, including the personal, non-commercial use restrictions and ordinary platform monetization allowance in Section 1.
4.6.3 Private Event and Family Sharing Permitted. This Section does not prohibit private, non-commercial sharing of a personal album or other personal content with family, friends, household members, or invited guests personally connected with a private event, such as a wedding, provided that the sharing is not public, not monetized, and does not grant recipients any right to redistribute, repackage, commercialize, or publicly host the album, project, content, or output.
5. INTELLECTUAL PROPERTY OWNERSHIP
5.1 Software Ownership. The Software is licensed, not sold. All intellectual property rights in and to the Software and Software Content (excluding third-party components identified in the separate ThirdPartyNoticesAndCredits.txt document or in any in-app third-party notices screen, and excluding your User Content) are owned by 4AI and its licensors. You obtain no ownership interest in the Software, Software Content, or their intellectual property rights under this Agreement.
5.2 Reservation of Rights. Except for the limited license expressly granted to you under this Agreement, all rights in and to the Software and Software Content are reserved by 4AI and its licensors.
5.3 No Imitation of Design and Look and Feel. You may not copy, reproduce or create derivative works of the Software's overall design, user interface, 3D album, scene, presentation, environment or content layouts, Software Content, or other distinctive look and feel in order to develop or distribute a substantially similar application, service or user interface.
6. PLATFORM TERMS; PAYMENTS AND REFUNDS
6.1 Steam and Other Platforms. The Software is provided to you via Steam (or another authorized platform, if applicable). Your acquisition and Use of the Software, any Credits and any in-app purchases are also governed by the Steam Subscriber Agreement and relevant platform policies. 4AI is not responsible for the operation of Steam or any third-party platform.
6.2 Payments and Refunds. Payments for the Software and for Credits are processed by Steam or the applicable platform provider. Any requests for refunds must be made in accordance with the Steam Subscriber Agreement and the platform's refund policies. 4AI does not separately charge administrative fees for refunds made solely through Steam.
7. LIMITED WARRANTY; DISCLAIMER
7.1 Limited Warranty for Download. To the maximum extent permitted by applicable law, and except as expressly provided by the applicable platform's mandatory terms, the Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. 4AI does not warrant that the Software will meet your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected.
7.2 Disclaimer. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, 4AI AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4AI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR LOSS OF GOODWILL) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 4AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Cap on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT THAT YOU ACTUALLY PAID THROUGH THE APPLICABLE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM FOR: (A) THE SOFTWARE; AND (B) CREDITS THAT REMAIN UNUSED AS OF THAT EVENT. AMOUNTS PAID MORE THAN TWELVE (12) MONTHS BEFORE THAT EVENT, AND AMOUNTS PAID FOR CREDITS THAT WERE USED BEFORE THAT EVENT, ARE NOT INCLUDED IN THIS CAP. IF YOU PAID NOTHING FOR THE SOFTWARE DURING THAT PERIOD AND HAVE NO UNUSED CREDITS PAID FOR DURING THAT PERIOD, 4AI'S LIABILITY WILL BE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.3 Local Rights. Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. Nothing in this Agreement is intended to exclude or limit any rights that cannot be excluded or limited under applicable law.
9. TERM AND TERMINATION
9.1 Term. This Agreement is effective from the first date you install or Use the Software and continues until terminated as set out below.
9.2 Termination by You. You may terminate this Agreement at any time by ceasing all Use of the Software and uninstalling or deleting all copies in your possession or control.
9.3 Termination by 4AI. 4AI may terminate this Agreement (and your license to Use the Software) if you materially breach any term of this Agreement and, where legally required, fail to cure such breach within a reasonable period after notice, or if your access to the Software via Steam is permanently disabled due to breach of platform terms.
9.4 Effect of Termination. Upon termination of this Agreement for any reason, the license granted to you will immediately cease and you must stop Using the Software and uninstall or delete all copies. The Definitions and all provisions that by their nature should survive termination shall survive, including, without limitation, Sections 1.3, 2.2 through 2.4, 3, 4, 5, 6, 7, 8, 9.4 and 11.
10. CHANGES TO THE SOFTWARE AND THIS AGREEMENT
10.1 Updates. 4AI may provide updates, patches or other modifications to the Software from time to time, which may be delivered automatically through Steam or other platforms. Certain features (including Credit-based features) may change or be discontinued as part of such updates.
10.2 Changes to the Agreement. 4AI may modify this Agreement for future updates of the Software. When required by applicable law, 4AI or Steam will notify you of material changes and may request your consent. If you do not agree to the modified terms, you must stop Using the Software.
11. GENERAL PROVISIONS
11.1 Entire Agreement. This Agreement, together with any Platform-Presented License, any additional terms provided with or for the Software, and the applicable platform terms, constitutes the entire agreement between you and 4AI with respect to the Software and supersedes all prior or contemporaneous oral or written understandings. In the event of any inconsistency between an embedded or in-application copy of this Agreement and the Platform-Presented License, the Platform-Presented License will prevail to the extent of the inconsistency.
11.2 Governing Law. Unless otherwise required by applicable law, this Agreement shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of laws rules, and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
11.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
11.4 No Waiver. The failure of 4AI to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce it.
11.5 Language. This Agreement may be provided in multiple languages. In the event of any inconsistency between the English-language version and any translated version, the English-language version shall prevail to the extent permitted by applicable law.
IMPORTANT: THIS IS A LICENSE, NOT A SALE
IMPORTANT NOTICE: IT IS IMPORTANT THAT YOU READ THIS DOCUMENT BEFORE USING THE SOFTWARE AND DOCUMENTATION (COLLECTIVELY, "SOFTWARE"). BY INSTALLING, DOWNLOADING, ACCESSING OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE.
This End User License Agreement ("Agreement" or "EULA") is a legal agreement between you (an individual person, the "User") and 4AI Limited ("4AI"), 128 City Road, London, EC1V 2NX, United Kingdom, company number 10976044, regarding your use of the Album3D (Steam Edition) software obtained through the Steam platform (the "Steam Edition"). This Agreement is enforceable against you and any legal entity that obtained the Software and on whose behalf it is used.
If Steam or another authorized platform presents a version of this Agreement, or additional license terms for the Software, for your acceptance before installation, purchase, update, launch or continued use (the "Platform-Presented License"), that Platform-Presented License is the controlling version of the agreement between you and 4AI for the Software. Any copy of this Agreement included in, embedded in, or displayed by the Software is provided for convenience and reference, and if it differs from the Platform-Presented License, the Platform-Presented License will prevail to the extent of the difference. To the extent this Agreement or the Platform-Presented License conflicts with any mandatory provisions of the Steam Subscriber Agreement or other applicable platform terms, the platform terms will govern with respect to purchases, payments, refunds, account access, installation, updates and platform services provided through that platform.
DEFINITIONS
"Software" means the Album3D (Steam Edition) application, including any updates, patches and enhancements provided by 4AI, and any related documentation supplied by 4AI.
"4AI" means 4AI Limited, 128 City Road, London, EC1V 2NX, United Kingdom, company number 10976044 (address may change from time to time).
"Use" or "Using" means to install, access, load, run or otherwise benefit from the functionality of the Software.
"User Content" means any images, photos, videos, audio, text or other content that you import into, process with, or create using the Software.
"Software Content" means any albums, projects, scenes, presentations, images, audio, video, 3D environments, assets, templates, curated content or other content supplied with, embedded in, downloaded through, unlocked by, or otherwise made available in the Software by or on behalf of 4AI, excluding User Content.
"Credits" means in-application units that permit access to certain features of the Software (for example, importing images where supported, unlocking content, or using premium features), as further described below.
"Commercial Use" means using the Software, any User Content created with it, any Software Content, or any screenshots, videos, recordings or other media captured from, exported from, or depicting the Software, User Content or Software Content, in connection with a business, for a fee or other consideration, or to promote or advertise products, services or organizations. However, publication of screenshots, still images, pre-rendered videos, livestreams, gameplay recordings or other non-interactive audiovisual media permitted by this Agreement will not be treated as Commercial Use solely because a third-party platform displays advertising with or around such media, shares ordinary advertising revenue, pays ordinary creator-fund or subscription-pool revenue, or provides similar standard platform monetization, provided that you are not charging a separate fee for access to the media, not creating the media as part of a paid service to a client, not publishing it as paid advertising, sponsorship, endorsement or promotion, and not otherwise using it in a manner that substitutes for, imitates or competes with the Software or related products or services protected by this Agreement. For clarity, this definition does not restrict your independent use of your own User Content outside of the Software.
1. LICENSE GRANT - PERSONAL, NON-COMMERCIAL USE
1.1 License Grant. Subject to your continuous compliance with this Agreement and the applicable Steam terms, 4AI grants you a personal, limited, non-exclusive, non-transferable license to install and use the Software via your Steam account on devices you own or control, solely for your personal, non-commercial use.
1.2 Permitted Personal, Non-Commercial Uses. This license is intended for private, home and hobby use. Where the relevant Software edition includes features for creating, importing, editing, exporting or sharing your own albums, projects, scenes, presentations or other User Content, you may use those features to create, view and privately share such personal content for yourself and your household, family and friends. Where supported by the relevant Software edition, you may also share such personal content with invited guests personally connected with a private event, such as a wedding. You may publish screenshots, still images, pre-rendered videos, livestreams, gameplay recordings and other non-interactive audiovisual media that merely depict the Software or content viewed in the Software, including on your personal social media accounts, creator accounts or video-sharing platforms, provided that you are not charging a separate fee for access to such content, not using it as part of a paid service to clients, not publishing it as paid advertising, sponsorship, endorsement or promotion, not otherwise using it for Commercial Use, and not providing access to reusable project files, packages, templates, bundled assets, extracted assets, or interactive experiences except as expressly permitted by this Agreement. Ordinary platform monetization described in the definition of Commercial Use does not by itself make such publication prohibited.
1.3 No Commercial Use Without Commercial-Use Rights. This Agreement does not grant you any right to Commercial Use. If you wish to use the Software, Software Content, any resulting User Content, or any media captured from or depicting the Software, Software Content or User Content for Commercial Use (for example, to provide paid slideshow, album, presentation or media services to clients, to sell videos or other works created with or captured from the Software, or to use such works in commercial advertising or marketing), you must first obtain commercial-use rights from 4AI. Such rights may be granted under a separate written commercial license, through an authorized commercial edition, DLC, in-application purchase, subscription, add-on, platform entitlement, or other commercial-use option made available by 4AI through Steam, another authorized platform, or 4AI's official website or support channels. Any Commercial Use is permitted only within the scope, duration, territory, account, edition, feature set and other limits of the applicable commercial-use rights and any additional terms provided with them.
1.4 Steam Account. Your right to use the Software is tied to your Steam account and is subject to the Steam Subscriber Agreement and any applicable Steam policies regarding account usage, device limits and family sharing. 4AI does not control and is not responsible for Steam's account, access control, or refund mechanisms.
2. CREDITS AND IN-APPLICATION FEATURES
2.1 Credits. Certain features of the Software (for example, importing images where supported, unlocking content, or using premium features) may require the use of Credits. Credits are a limited, non-exclusive right to access specific Software features and do not represent money, stored value or a deposit.
2.2 Acquisition of Credits. Credits may be made available for purchase through Steam or as otherwise permitted by the platform. Any acquisition of Credits is subject to this Agreement and to the Steam Subscriber Agreement or other applicable platform terms.
2.3 No Monetary Value; Non-Transferable. Credits have no cash or monetary value, are non-transferable (except as expressly permitted by Steam or the applicable platform), and are non-refundable except where required by applicable law or by the platform's mandatory policies. You acknowledge that you do not own Credits and that 4AI may change or discontinue Credit-based features in accordance with Section 10 (Changes to the Software and the Agreement).
2.4 Consumption and Changes. When you choose to use a feature that requires Credits, the relevant number of Credits will be deducted from your balance. 4AI may from time to time change which features require Credits, and how many Credits are required for a given operation. Such changes will apply prospectively and will not remove Credits you have already acquired.
3. USER CONTENT AND RESPONSIBILITY
3.1 Ownership of User Content. Subject to this Agreement, you retain any rights you may have in your User Content. 4AI does not acquire ownership of your User Content solely by virtue of your Use of the Software.
3.2 License to 4AI. You grant 4AI a limited, non-exclusive, worldwide license to use, reproduce, modify and display your User Content solely as necessary to provide, operate, maintain, secure and support the Software and related services (for example, to import images where supported, generate thumbnails, render albums, scenes, presentations or experiences, and provide related functionality on your devices or within the application).
3.3 No Sale or AI Training of User Content. 4AI will not sell, rent or license your User Content to third parties for advertising, data brokerage, AI training, machine-learning training, biometric identification, or similar unrelated business purposes. 4AI will not use your User Content to train or improve AI or machine-learning models, unless you expressly request, enable or consent to a feature or service that clearly requires such processing, or unless required by applicable law. This Section does not prevent 4AI or its service providers from processing User Content on behalf of 4AI as necessary to provide, operate, maintain, secure, troubleshoot or support the Software and related services, subject to this Agreement and any applicable privacy policy.
3.4 Rights in User Content. You are solely responsible for ensuring that you have all necessary rights, permissions and licenses to import, process and use any User Content with the Software. You must not import or use any User Content that infringes third-party intellectual property or other rights.
3.5 Forbidden Content. You must not use the Software to create, import or distribute User Content that is illegal, or that promotes or depicts child abuse, hate, serious harm, harassment, or other content that is clearly abusive or prohibited under applicable law. 4AI may, where legally permitted and technically feasible, restrict or terminate your access to the Software in response to serious or repeated violations of this Section.
4. RESTRICTIONS AND PROHIBITED USES
4.1 No Redistribution of Software. You may not rent, lease, lend, sell, sublicense, distribute or make the Software itself available to third parties, except as enabled by Steam's standard mechanisms (such as authorized family sharing) and as allowed by this Agreement and the Steam Subscriber Agreement.
4.2 No Reverse Engineering. Except to the extent expressly permitted by applicable law, you may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas or algorithms of the Software.
4.3 No Bypass of Technical Protections. You may not attempt to circumvent, disable or otherwise interfere with digital rights management, copy protection, usage limits, Credit consumption mechanisms or any other security-related or technical restrictions in the Software.
4.4 No Unlawful Use. You may not use the Software in any manner that violates applicable law or regulations, including laws relating to privacy, intellectual property, or data protection.
4.5 No Use for Training or Improving AI Models on 4AI IP. Except to the extent expressly permitted by applicable law, you may not (and may not permit any third party to) use the Software, Software Content, or any portion of them that embodies 4AI's intellectual property (including its user interface, visual design, layout, 3D album, scene, environment, presentation or content structures, animations, workflows, curated content or other distinctive visual or functional elements), or any screenshots, videos or other recordings that primarily depict such elements, as training data or evaluation data for any machine learning model, neural network or other AI system that is intended to: (a) generate, imitate or otherwise reproduce the Software or Software Content, the Software's user interface, visual design, 3D album, scene, environment, presentation or content layouts or other distinctive elements; or (b) develop or improve products or services that are substantially similar to, or that compete with, the Software, any successor, related, companion or derivative product or service of 4AI, or any similar software, product or service offered by 4AI, its affiliates, entities under common control with 4AI, successors or assigns. For clarity, this Section 4.5 does not restrict your independent use of your own User Content (for example, your photos and videos) outside of the Software, provided that such use does not include Software Content or other 4AI intellectual property.
4.6 No Mass Distribution or Public Hosting of Projects or Outputs.
4.6.1 Prohibited Public or Mass Distribution. Except for ordinary private sharing permitted by Section 1.2 and Section 4.6.3, you may not publish, host, upload, distribute, sell, give away, make publicly available, or otherwise provide access to any project, package, template, interactive album, project file, exported experience, or similar reusable or interactive output created with or by means of the Software (including any project file, package file, bundled asset, archive, exported file, or comparable file format, regardless of file name or extension) in a manner intended or likely to reach the general public or large numbers of unrelated recipients, whether free of charge or for payment. This includes distribution through public websites, marketplaces, app stores, software repositories, file-sharing services, publicly accessible cloud links, community platforms, or similar services, especially where the distribution could substitute for, imitate, or compete with the Software, with any successor, related, companion or derivative product or service of 4AI, or with any similar software, product or service offered by 4AI, its affiliates, entities under common control with 4AI, successors or assigns. This Section also prohibits distribution that would enable third parties to reuse, adapt, extract, repackage, redistribute, or commercialize the project, output, Software Content, or their distinctive 3D album, scene, environment, presentation or photo-presentation experience.
4.6.2 Screenshots, Videos and Livestreams May Be Published. This Section 4.6 does not prohibit you from publishing, uploading, hosting, streaming or otherwise sharing screenshots, still images, pre-rendered videos, livestreams, gameplay recordings, or other non-interactive audiovisual media that merely depict the Software or content viewed in the Software, including on public websites, social media, creator platforms or video-sharing platforms. However, such media must not include or provide access to reusable project files, packages, templates, bundled assets, extracted assets, Software Content as separate files or assets, or interactive album, scene, presentation or other interactive experiences, and your publication and use of such media must otherwise comply with this Agreement, including the personal, non-commercial use restrictions and ordinary platform monetization allowance in Section 1.
4.6.3 Private Event and Family Sharing Permitted. This Section does not prohibit private, non-commercial sharing of a personal album or other personal content with family, friends, household members, or invited guests personally connected with a private event, such as a wedding, provided that the sharing is not public, not monetized, and does not grant recipients any right to redistribute, repackage, commercialize, or publicly host the album, project, content, or output.
5. INTELLECTUAL PROPERTY OWNERSHIP
5.1 Software Ownership. The Software is licensed, not sold. All intellectual property rights in and to the Software and Software Content (excluding third-party components identified in the separate ThirdPartyNoticesAndCredits.txt document or in any in-app third-party notices screen, and excluding your User Content) are owned by 4AI and its licensors. You obtain no ownership interest in the Software, Software Content, or their intellectual property rights under this Agreement.
5.2 Reservation of Rights. Except for the limited license expressly granted to you under this Agreement, all rights in and to the Software and Software Content are reserved by 4AI and its licensors.
5.3 No Imitation of Design and Look and Feel. You may not copy, reproduce or create derivative works of the Software's overall design, user interface, 3D album, scene, presentation, environment or content layouts, Software Content, or other distinctive look and feel in order to develop or distribute a substantially similar application, service or user interface.
6. PLATFORM TERMS; PAYMENTS AND REFUNDS
6.1 Steam and Other Platforms. The Software is provided to you via Steam (or another authorized platform, if applicable). Your acquisition and Use of the Software, any Credits and any in-app purchases are also governed by the Steam Subscriber Agreement and relevant platform policies. 4AI is not responsible for the operation of Steam or any third-party platform.
6.2 Payments and Refunds. Payments for the Software and for Credits are processed by Steam or the applicable platform provider. Any requests for refunds must be made in accordance with the Steam Subscriber Agreement and the platform's refund policies. 4AI does not separately charge administrative fees for refunds made solely through Steam.
7. LIMITED WARRANTY; DISCLAIMER
7.1 Limited Warranty for Download. To the maximum extent permitted by applicable law, and except as expressly provided by the applicable platform's mandatory terms, the Software is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. 4AI does not warrant that the Software will meet your requirements, that its operation will be uninterrupted or error-free, or that defects will be corrected.
7.2 Disclaimer. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, 4AI AND ITS SUPPLIERS DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE.
8. LIMITATION OF LIABILITY
8.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4AI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR LOSS OF GOODWILL) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 4AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 Cap on Direct Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE SHALL NOT EXCEED THE TOTAL AMOUNT THAT YOU ACTUALLY PAID THROUGH THE APPLICABLE PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM FOR: (A) THE SOFTWARE; AND (B) CREDITS THAT REMAIN UNUSED AS OF THAT EVENT. AMOUNTS PAID MORE THAN TWELVE (12) MONTHS BEFORE THAT EVENT, AND AMOUNTS PAID FOR CREDITS THAT WERE USED BEFORE THAT EVENT, ARE NOT INCLUDED IN THIS CAP. IF YOU PAID NOTHING FOR THE SOFTWARE DURING THAT PERIOD AND HAVE NO UNUSED CREDITS PAID FOR DURING THAT PERIOD, 4AI'S LIABILITY WILL BE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.3 Local Rights. Some jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. Nothing in this Agreement is intended to exclude or limit any rights that cannot be excluded or limited under applicable law.
9. TERM AND TERMINATION
9.1 Term. This Agreement is effective from the first date you install or Use the Software and continues until terminated as set out below.
9.2 Termination by You. You may terminate this Agreement at any time by ceasing all Use of the Software and uninstalling or deleting all copies in your possession or control.
9.3 Termination by 4AI. 4AI may terminate this Agreement (and your license to Use the Software) if you materially breach any term of this Agreement and, where legally required, fail to cure such breach within a reasonable period after notice, or if your access to the Software via Steam is permanently disabled due to breach of platform terms.
9.4 Effect of Termination. Upon termination of this Agreement for any reason, the license granted to you will immediately cease and you must stop Using the Software and uninstall or delete all copies. The Definitions and all provisions that by their nature should survive termination shall survive, including, without limitation, Sections 1.3, 2.2 through 2.4, 3, 4, 5, 6, 7, 8, 9.4 and 11.
10. CHANGES TO THE SOFTWARE AND THIS AGREEMENT
10.1 Updates. 4AI may provide updates, patches or other modifications to the Software from time to time, which may be delivered automatically through Steam or other platforms. Certain features (including Credit-based features) may change or be discontinued as part of such updates.
10.2 Changes to the Agreement. 4AI may modify this Agreement for future updates of the Software. When required by applicable law, 4AI or Steam will notify you of material changes and may request your consent. If you do not agree to the modified terms, you must stop Using the Software.
11. GENERAL PROVISIONS
11.1 Entire Agreement. This Agreement, together with any Platform-Presented License, any additional terms provided with or for the Software, and the applicable platform terms, constitutes the entire agreement between you and 4AI with respect to the Software and supersedes all prior or contemporaneous oral or written understandings. In the event of any inconsistency between an embedded or in-application copy of this Agreement and the Platform-Presented License, the Platform-Presented License will prevail to the extent of the inconsistency.
11.2 Governing Law. Unless otherwise required by applicable law, this Agreement shall be governed by and construed in accordance with the laws of England and Wales, excluding its conflict of laws rules, and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
11.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect.
11.4 No Waiver. The failure of 4AI to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce it.
11.5 Language. This Agreement may be provided in multiple languages. In the event of any inconsistency between the English-language version and any translated version, the English-language version shall prevail to the extent permitted by applicable law.