Malabi – online image background remover, whitener and background editor Malabi End-User License Agreement (EULA) - Malabi

Malabi End-User License Agreement (EULA)

This Agreement and Privacy Policy (the “Agreement”) is between ArtInCam Ltd. (“ArtInCam”) and you or the entity that you represent (collectively, “You”), and governs Your use of the Malabi software service (the “Service”).

By making use of the Service, You consent to all the following terms and conditions:

Terms and Conditions

1. The Service

The Service is a software program for removal of background from Your digital images. The software program is provided on a SaaS (Software as a Service) basis, and is hosted on ArtinCam’s web servers. You may access the Service through a Web browser.

2. Grant of License

Subject to the terms and conditions of this Agreement, ArtInCam hereby grants You a limited, non-exclusive, non-transferable, revocable license to use the Service.

3. Limitations

You shall not use the Service in any way not permitted in this Agreement without the prior written approval of ArtInCam.
You shall not copy, modify, or adapt the Service, nor shall You remove any copyright notices from the Service.
You shall not reverse engineer, decompile, or disassemble the Service, or permit any third party to reverse engineer, decompile, or disassemble the Service.
You shall not charge payment for the use of the Service by any third party.

4. Intellectual Property Rights

All copyright, patent and other intellectual property rights pertaining to the Service are the exclusive property of ArtInCam. No rights are transferred or accrue to You, except where specified in this Agreement.

5. Limitation of Liability

ArtInCam makes no warranty that the Service does or does not infringe upon the intellectual property or other rights of any third party, and accepts no liability for any damages arising from the infringement of third-party intellectual property or other rights through the use of the Service.

ArtInCam provides the Service “as is”, without warranty of any kind, either explicit or implied, as to performance, quality, or freedom from coding or other errors. Specifically, ArtInCam does not warranty that digital images produced by the Service will be of sufficient quality, nor that the background removal by the Service will be successful.

ArtInCam accepts no liability for any damages arising from the theft or loss of data, such as digital images uploaded by You to ArtiInCam’s servers in the course of using the Service.

ArtInCam accepts no liability for loss of features or performance provided by the Service resulting from changes to product specifications or the introduction of other products by ArtInCam or any third party.

ArtInCam accepts no liability for any damages arising from the incompatibility of the Service with hardware, operating systems, third-party software, peripheral devices, or networks operated by You.

ArtInCam reserves the right to update the Service as it deems necessary, but disclaims any responsibility to update the Service in response to errors, user requests, changes to user hardware or operating systems and the like.

6. Privacy

You consent to ArtInCam’s retention of (a) those digital images You upload to its web servers in the course of using the Service; and (b) the versions of those digital images in which the background has been removed by the Service.

ArtInCam will not keep any of Your personal information with the digital images of subsections (a) and (b), and guarantees that none of Your personal information will be collected, transmitted, or stored, except if you provide explicit approval to ArtInCam.

7. Term

The term of this Agreement and the license granted herein continues until this Agreement is terminated by either party.

You may terminate this Agreement at any time by discontinuing use of the Service.

This Agreement terminates automatically if You fail to comply with any of its provisions.

Upon any termination of this Agreement, You must cease use of the Service.

8. Governing Law; Venue

This Agreement shall be interpreted in accordance with the laws of the State of Israel, without reference to its conflict of law provisions.

Any litigation, suit or other proceeding regarding the rights or obligations of the parties hereunder shall be conducted exclusively before the competent courts of the State of Israel.

9. Miscellaneous

If any provision of this Agreement is held to be unenforceable, such provision shall be reformed to the extent necessary to make it enforceable so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights hereunder without ArtInCam’s prior written consent, and any such attempt is void. This Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. The parties acknowledge and agree that a material breach of this Agreement adversely affecting ArtInCam’s proprietary rights would cause irreparable harm to ArtInCam, for which a remedy at law would be inadequate and that ArtInCam shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. This Agreement is the complete agreement between ArtInCam and You concerning the Service.

10. Contact

If You have any questions regarding the Service or this Agreement, please contact us at info@camera51.com.