Terms of Service

Who you are dealing with

Vela is made and operated by Aventurin International e.K.. Our full details are on the legal notice page, and you can reach us at admin@aventurin-international.com.

Apple’s licence terms come first

Vela is distributed through the App Store, so Apple’s Licensed Application End User License Agreement governs your licence to use the app. These terms sit on top of it and cover the parts that are ours. Where the two genuinely conflict, Apple’s prevails.

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

What Vela does

You choose a photo, Vela develops it, and you get the result back. The result is an interpretation of the photo you started with. It differs from one photo to the next, and developing the same photo twice will not give you the same result, so we cannot promise a particular outcome for a particular picture. Vela is for personal, private use.

The app changes over time. We may add, alter or withdraw features, and the look Vela produces may be refined or replaced. Nothing on this page is a promise that any particular feature, style or result will stay as you found it.

Your subscription

• Vela needs an active subscription. The subscription periods on offer, and their prices, are the ones shown in the app at the time you buy.
• You buy the subscription from Apple, not from us. It is billed to your Apple Account at confirmation of purchase, and the current price is always shown before you confirm.
• It renews automatically at the end of each period unless you cancel at least 24 hours before that period ends.
• You manage and cancel it in your Apple Account settings, not in Vela. We cannot cancel it for you.
• Refunds are Apple’s to give, since Apple is the seller. Ask them through reportaproblem.apple.com. If something went wrong on our side, write to us anyway and we will help you make the case.

Fair use

Access is subject to reasonable fair-use limits, so that the service stays available and affordable for everyone using it. Those limits are set generously, and ordinary use will not come near them. They may change. If you ever reach one, the app tells you plainly and says when it lifts, and your photo is never lost in the process.

Your photos are yours

You keep every right you have in the photo you started with and in the photo Vela gives back. We claim nothing in either, and we do not use them for anything except returning your result.

A photo appears in The Collection only if you sent it to us yourself and agreed to that in writing. You can withdraw that agreement at any time by writing to admin@aventurin-international.com, and it comes down.

What you agree not to do

When you develop a photo, you confirm that:

• the photo is yours to use, or you have permission from whoever it belongs to
• everyone recognisable in it agreed to it being edited this way
• it does not break the law, and it does not show a child in any sexual or exploitative way

You also agree not to work around the app to reach the service directly, to run it in bulk or automatically, or to resell access to it. We may suspend or end access where any of this is broken.

What you do with the photo you get back is yours to answer for. If someone brings a claim against us because of a photo you developed or sent us, or because you broke this section, you will indemnify us against that claim and the reasonable costs of defending it, unless you are not responsible for what caused it.

Availability

We work to keep Vela running, but it depends on services we do not control, and no service is available every minute. Interruptions, maintenance, changes at a provider and the odd failed develop are possible, and we do not owe you any particular level of availability. A develop that fails does not use up a develop.

Your own copies

Your photos live on your iPhone and nowhere else, so keeping them safe is up to you. Back up your device regularly. A photo that is only in Vela’s gallery is one iPhone away from being gone, and we cannot restore anything, because we hold nothing to restore.

Liability

We are liable without limit for damage caused intentionally or by gross negligence, for injury to life, body or health, and wherever the Produkthaftungsgesetz applies.

For slight negligence we are liable only where an obligation was breached whose fulfilment makes proper performance of this agreement possible in the first place and on which you may reasonably rely, and in that case only for the damage that was foreseeable and typical for this kind of agreement. Any further liability is excluded. In particular, we are not liable for indirect or consequential loss, for lost profit, or for anything arising from your use of a developed photo.

Where lost data is concerned, our liability is limited in any case to the effort that recovering it would have taken had you kept proper backups.

The same limits apply to our staff and to anyone we engage to perform the service.

Claims for slight negligence lapse one year after you learn of the damage and of who caused it. This does not apply to the claims in the first paragraph above, which keep their statutory limitation periods.

Changes to these terms

We may change these terms where there is a good reason, for instance a change in the law or in how the service works. The current version is always here, with the date it changed at the top. If a change materially affects you, continuing to use Vela after it takes effect is how it becomes part of your agreement, and you can always cancel instead.

Ending it

Stop whenever you like: cancel the subscription in your Apple Account settings and delete the app. Your photos go with it, since they were only ever on your iPhone.

Law and disputes

German law applies. If you are a consumer, this does not take away the protection given to you by the mandatory law of the country you live in.

We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

These terms were written in English. Translations are offered for information only, and where one differs from the English text, the English version applies. If you are a consumer, you may still rely on the version in the language these terms were presented to you in.

If part of this does not hold

If any part of these terms turns out to be invalid, the rest stays in force.