Terms of Sale and Licence

1. Who you are dealing with

Fovea is made by Deemz IT, Schuytstraat 25, 2517 XB The Hague, Netherlands (referred to below as "we" and "us"). Our full details are on the legal notice. By downloading, installing or using Fovea you agree to these terms. If you do not agree, do not use the software.

2. The trial

You can run the complete application free for 14 days. No card and no account are required. The trial includes a limited allowance of critiques so you can see how they work.

When the 14 days are up the application stops unlocking until you buy a licence. Nothing you made is lost: your ratings, tags and develop settings are stored in sidecar files next to your originals on your own disk, and they are still there whenever you come back.

3. What you are buying

Fovea is sold as a one-time purchase, per major version. Payment gives you a licence key and a personal, non-exclusive, non-transferable right to use that major version of Fovea.

• You keep it. The version you bought continues to work indefinitely. There is no subscription and no kill switch.
• Updates are free for one year from purchase. After that year the software you have keeps working exactly as it did, but newer releases may require a further purchase.
• Future major versions are a separate purchase. Your key unlocks the major version you bought.
• The licence is for your own use. Please do not publish, share or resell your key. We may deactivate keys that are shared or used beyond reasonable personal use.

You are buying a licence to use the software, not the software itself. We keep all intellectual property in Fovea, its name and its design.

4. Your photographs are yours

We claim no ownership of, and no rights over, anything you photograph, import or edit. When you send a photo for a critique you grant us only the narrow permission needed to process that request: to transmit a downscaled copy to our AI provider and return the result to you. Nothing more. We do not use your photographs to train models and we do not keep them. See the privacy policy for exactly what happens.

5. Credits and critiques

• One photo costs one credit. That credit covers the critique for that photo and all the guided coaching that follows from it, however many times you return to that shot.
• Every licence includes an allowance of credits, granted once when you first activate.
• When they run out you can buy more in packs, from inside the app. Credits never expire.
• A failed critique is free. If our service errors, or the model declines to produce a result, no credit is deducted.
• Credits have no cash value, cannot be exchanged for money, and cannot be transferred between licences.
• Unused credits can be refunded within the withdrawal period described in our refund policy. Beyond that they are not refundable, except where the law says otherwise.

6. What the critique actually is

Critiques, ratings and coaching suggestions are generated by an AI model. They are automated opinions offered to help you look at your own work, and you should treat them as exactly that.

• They can be wrong, inconsistent, or simply not to your taste.
• They are not professional, commercial, legal or artistic advice.
• Two runs on the same photo may not say the same thing.
• Nothing is ever applied to your photo automatically. Every suggested edit is yours to accept or ignore.

Please do not make decisions that matter, commercial or otherwise, purely on what the critique says.

7. Fair use of the service

When using Fovea, please do not:

• submit photographs you do not have the right to use, or content that is unlawful;
• submit material designed to manipulate the model into producing harmful output;
• tamper with licence validation, or try to obtain critiques without spending credits;
• resell, sublicense or rebrand the service, or use it to build a competing product;
• attempt to overload, probe or disrupt our servers.

If a licence is used this way we may suspend or terminate it. Where the breach is minor and fixable we will get in touch first.

8. Paying

Purchases are processed by Polar, who act as Merchant of Record. They are the seller for the transaction, they handle payment and they account for VAT and sales tax. Their terms apply to the payment itself alongside these terms. Prices shown include tax where applicable.

9. Availability

Culling, the library and the whole develop module run entirely on your Mac and work offline, with no credits and no connection required.

Critiques are an online service. It may be unavailable at times, and we may change how it works, change the underlying model, or discontinue it. If we ever discontinue it permanently we will refund unused credits.

10. Warranties and liability

Fovea is provided "as is". To the fullest extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent the law allows, our total liability to you for any claim connected to Fovea is limited to the amount you paid us in the twelve months before the claim arose. We are not liable for indirect or consequential loss, lost profits, lost time, or lost or damaged photographs.

Fovea is non-destructive by design and never writes over your original files, but no software is perfect. Keep backups of your photographs.

Nothing in these terms limits liability that cannot legally be limited, including liability for death or personal injury caused by negligence, for fraud, or for your statutory rights as a consumer. If you are a consumer in the EU or UK, your mandatory legal rights are unaffected by anything written here.

11. Ending the agreement

You can stop using Fovea at any time and deactivate your licence from inside the app. We may terminate a licence if these terms are seriously breached. If we terminate without cause, we will refund a fair share of what you paid.

12. Changes to these terms

We may update these terms for future purchases or for material changes in the service. The version that applies to your purchase is the one published when you bought. We will not retroactively take away rights you paid for.

13. Law and disputes

These terms are governed by the laws of the Netherlands. If you are a consumer, you keep the protection of the mandatory laws of the country you live in, and you may bring proceedings in your local courts.

If something goes wrong, please email us first. Most things are fixable in one message.

14. Contact

dima@unclank.ai