Agreement Overview

This End User License Agreement ("Agreement" or "EULA") is a legal contract between you ("User," "you," or "your") and The Blucks ("Company," "we," "our," or "us") regarding your use of the Elysia mobile application ("App" or "Service").

1License Grant

1.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your compatible mobile devices solely for personal, non-commercial purposes.

1.2 License Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Distribute, sell, lease, rent, or sublicense the App
• Use the App for commercial purposes without express written permission
• Remove or alter any proprietary notices or labels

1.3 Updates and Modifications

We may provide updates, patches, or new versions of the App. Your continued use constitutes acceptance of any updates to this Agreement.

2Photo Enhancement Services

2.1 AI Processing

• The App uses artificial intelligence to enhance your photos
• Processing is performed using third-party AI services (Magic Hour AI)
• Enhancement results may vary based on photo quality and content
• We do not guarantee specific enhancement outcomes

2.2 Photo Ownership

• You retain all rights to your original photos
• Enhanced photos are derivative works that you may use freely
• You grant us a limited license to process your photos solely to provide the Service
• We do not claim ownership of your photos or enhanced versions

2.3 Content Responsibility

You are solely responsible for:

• Ensuring you have rights to upload and process photos
• Compliance with applicable laws regarding photo content
• Not uploading inappropriate, illegal, or copyrighted content
• Respecting privacy rights of individuals in photos

3Prohibited Uses

You agree not to use the App to:

• Process photos containing illegal content
• Create deepfakes or misleading manipulated images
• Violate privacy rights of individuals without consent
• Generate content that could be harmful, defamatory, or offensive
• Circumvent or disable App security features
• Interfere with the App's operation or other users' experience

4Subscription and Payment Terms

4.1 Subscription Services

• Some features may require a paid subscription
• Subscriptions automatically renew unless cancelled
• Prices and billing periods are displayed in the App
• Payment is processed through your device's app store

4.2 Free Trial

• Free trials may be offered for premium features
• Trial periods are specified in the App
• Automatic billing begins after trial unless cancelled
• Only one free trial per user account

4.3 Refunds

• Refund policies are governed by your app store's terms
• We do not process direct refunds for app store purchases
• Contact your app store for refund requests
• Refunds do not extend usage rights beyond the refund period

5Intellectual Property

5.1 App Ownership

• The App and all related intellectual property are owned by us or our licensors
• This includes software, algorithms, user interface, and documentation
• No ownership rights are transferred to you under this Agreement

5.2 Trademarks

• App names, logos, and trademarks are our property
• You may not use our trademarks without express written permission
• Third-party trademarks remain property of their respective owners

5.3 User Content

• You retain ownership of photos you upload
• You grant us necessary rights to provide the Service
• You represent that you have rights to all uploaded content

6Privacy and Data Protection

6.1 Privacy Policy

• Our Privacy Policy governs data collection and use
• The Privacy Policy is incorporated into this Agreement
• You consent to data processing as described in the Privacy Policy

6.2 Data Security

• We implement reasonable security measures
• No system is completely secure; use at your own risk
• Report security concerns to us immediately

7Disclaimers and Limitations

7.1 Service Availability

• The App is provided "as is" and "as available"
• We do not guarantee uninterrupted or error-free service
• Maintenance, updates, or technical issues may cause temporary unavailability

7.2 Enhancement Quality

• AI enhancement results are not guaranteed
• Quality depends on original photo characteristics
• We make no warranties about enhancement accuracy or suitability

7.3 Third-Party Services

• The App relies on third-party services (Magic Hour AI, cloud providers)
• Third-party service interruptions may affect App functionality
• We are not responsible for third-party service failures

8Limitation of Liability

8.1 Damages Limitation

8.2 User Responsibility

You are responsible for:

• Backing up important photos before processing
• Compliance with applicable laws and regulations
• Any consequences of your use of the App

9Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

• Your use of the App
• Your violation of this Agreement
• Your violation of any laws or third-party rights
• Content you upload or process through the App

10Termination

10.1 Termination Rights

• You may terminate this Agreement by deleting the App
• We may terminate your access for violation of this Agreement
• Termination may be immediate without notice for serious violations

10.2 Effect of Termination

Upon termination:

• Your license to use the App ends immediately
• You must delete the App from all devices
• Surviving provisions continue to apply
• No refunds for prepaid subscription periods

11App Store Terms

11.1 Additional Terms

• App store terms also apply to your use of the App
• In case of conflict, app store terms may take precedence
• We are not responsible for app store policy violations

11.2 Device Requirements

• Compatible iOS/Android device required
• Minimum system requirements specified in app store
• Internet connection required for core functionality

12Geographic Restrictions

• The App may not be available in all countries
• You are responsible for compliance with local laws
• Some features may be restricted based on location
• Export control laws may apply to the App

13Governing Law and Disputes

13.1 Governing Law

This Agreement is governed by the laws of Pennsylvania, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

• First attempt to resolve disputes through direct communication
• Binding arbitration may be required for certain disputes
• Class action waivers may apply where legally permissible
• Some jurisdictions may require court resolution

14General Provisions

14.1 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us.

14.2 Modifications

• We may modify this Agreement with notice through the App
• Continued use after modifications constitutes acceptance
• Material changes will be prominently communicated

14.3 Severability

If any provision is found unenforceable, the remainder of the Agreement continues in effect.

14.4 Waiver

Our failure to enforce any provision does not waive our right to do so later.