The terms that you must agree to in order to use our platform
By using our services you agree to these terms - Please read them carefully
In the Terms of Service:
references to "we", "our", "us" are references to RenderAI OÜ, the operator of Retrato;
"Content" means any material uploaded to Retrato by any User, including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"User" means any user of Retrato, whether the User paid for the service or not (also referred to as "you" or "your").
"Payment" means any and all payments made by a User.
“Model” is a software program that has been trained on a set of data to perform specific tasks like recognizing certain patterns or create new images.
3. Who we are and how to contact us:
Retrato is operated by Somus OÜ. We are a private limited company ("osaühing" in Estonian) registered in Estonia, with company registration number 16169244 and we have our registered office address at Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 5, 11415. Our VAT number is EE102410970.
To contact us with any questions about Retrato, please email our support team at [email protected].
4. How we may change the Terms of Service:
We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
to reflect changes in laws and regulatory requirements which apply to Retrato and the services, features and programs of Retrato where such changes require Retrato to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
to address an unforeseen and imminent danger related to defending Retrato Users from fraud, malware, spam, data breaches or other cybersecurity risks.
We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Retrato, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Retrato.
5. We may make changes to or suspend or withdraw Retrato:
We may update and change Retrato from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Retrato, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Retrato for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
6. Registering with Retrato:
To use Retrato you must first register and create a User account on Retrato. You must provide a valid email address, and a password. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Retrato platforms for the composition of passwords.
To register as a User:
you must be at least 16 years old, and you will be required to confirm this;
if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 16 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
you must be permitted by the laws of the country or State/province where you are located to join Retrato and to view any Content available on it and to use any functionality provided by it; and you are able and willing to make payment (where required) to view Content available on Retrato which you wish to view and to use any functionality provided by Retrato that you wish to use.
you must provide such other information or verification records as we require.
If you do not meet the above requirements, you must not access or use Retrato.
7. Your commitments to us:
When you register with and use Retrato, you make the following commitments to us:
If you previously had an account with Retrato, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
You will make sure that all information which you submit to us is truthful, accurate and complete.
You will promptly update any of your information you have submitted to us as and when it changes.
You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact [email protected] promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
8. Rights we have, including to suspend or terminate your account:
We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service and/or any applicable law.
It is our policy to suspend access to any Content you post on Retrato if we become aware that it doesn’t comply with the Terms of Service and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at [email protected]. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
If we suspend access to or delete any of your Content, we may notify you via email or electronic message to your Retrato account, but we are not obligated to give you prior notice of such removal or suspension.
We reserve the right in our sole discretion to terminate your agreement with us and your access to Retrato for any reason by giving you 30 days’ notice by email or electronic message to your Retrato account. We can also suspend access to your User account or terminate your agreement with us and your access to Retrato immediately and without prior notice:
if we think that you have or may have breached any part of the Terms of Service, or if you attempt or threat to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Retrato.
We can investigate any suspected or alleged misuse, abuse, or unlawful use of Retrato and cooperate with law enforcement agencies in such investigation.
We can disclose any information or records in our possession or control about your use of Retrato to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
We can change the third-party payment providers used to process payments on Retrato and if we do so, we will notify you and store applicable details on your Retrato account.
Other than Content (which is owned by or licensed to Creators), all rights in and to Retrato and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of any and all anonymised data relating to your use of Retrato and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
9. What we are not responsible for:
We will use reasonable care and skill in providing Retrato to you, but there are certain things which we are not responsible for, as follows:
We do not authorize or approve Content on Retrato, whether it was uploaded or created by a User or created by a Model.
All Content is created, selected, and provided by Users or Models and not by us. We are not responsible for reviewing or moderating Content. We are under no obligation to monitor Content or to detect breaches of the Terms of Service.
We do not promise that Retrato is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Retrato. You should use your own virus protection software.
We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Retrato.
While we try to make sure that Retrato is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is created by Models.
We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
10. Intellectual property rights – ownership and licenses:
You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and that the Content complies in full with the Terms of Service. This includes any rights required to engage in the acts covered by subsection ’Intellectual property rights’ (2) below in any territory in which Retrato is accessible and, in particular, in the United States of America, Estonia and the European Union.
You agree that you will be liable to us and indemnify us if any of the warranties at section 10.1 is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
You agree to grant us a license to all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Retrato.
The license which you grant to us under sub-section 10(3) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Retrato, that we do not have to pay you for the license, and that we can grant a sublicense of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content as well as to use your Content for other normal operations of Retrato. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Retrato. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your content.
11. Linking to and from Retrato:
Links to Retrato:
You may link to the Retrato platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Links from Retrato:
If Retrato contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Retrato, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
In some instances, Retrato may allow people to register or use domain names that contain the Retrato trademark or a confusingly similar term. However, you will not register such a domain name, unless:
You obtain prior written permission from Retrato and sign a licensing agreement.
If you would like to register a domain name containing the Retrato trademark or a confusingly similar term, please contact [email protected].; Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Retrato filing a domain dispute against the registrant.
12. How do I delete my account?
If you want to delete your Retrato account, you can do it on the application settings -> Delete account button.
13. Who is responsible for any loss or damage suffered by you?
Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
If you are a consumer User you agree that:
We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Retrato.
If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
If you are a business User you agree that we and our subsidiary companies, employees, owners, representatives, and agents:
exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Retrato or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
your inability to use Retrato or any of its services, features or programs; or
your use of or reliance on any content (including Content) stored on Retrato;
won't be liable to you for any:
loss of profits;
loss of sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation;
loss of data or information, including any Content; or
indirect or consequential loss or damage;
won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Retrato or any of its services, features or programs, or due to your downloading of any material on it, or on any website linked to it;
won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
100% of the total fees paid by you to us in connection with your use of Retrato; and
14. Adult material
Adult content has no place on Retrato. We define “adult content” as any audio, visual or audiovisual creations depicting explicit sexual situations, including nudity, pornography and sexual services.
You agree that:
If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
We reserve all rights not expressly granted to you.
No implied licenses or other rights are granted to you in relation to any part of Retrato, save as expressly set out in the Terms of Service.
Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section ‘Who is responsible for any loss or damage suffered by you?’ and the terms in section ‘Terms relating to disputes’ may be enforced by our subsidiary companies, employees, owners, representatives and agents.
You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
The Terms of Service form the entire agreement between us and you regarding your access to and use of Retrato, and supersede any and all prior oral or written understandings or agreements between us and you.
You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Payment. All Payments may be charged in USD. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
The payment provider will take (i) immediate payments from your payment card. You authorize and consent to each of these payments being debited using your supplied payment card details.
You agree that you will not make unjustified requests for a refund in respect of any Transaction, or unjustified chargeback requests of your payment card provider in relation to a Retrato service. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
If we suspend your User account in accordance with our rights under the Terms of Service, then any Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
16. Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Retrato (including those arising from or relating to your agreement with us) can be brought:
For consumers :
Consumers - Law:
If you are a consumer, your agreement with us is governed by Estonian law and Estonian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Retrato, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Retrato (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
Consumers - where claims must be brought:
If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Retrato (including, in both cases, non-contractual disputes or claims) may be brought in the courts of Estonia or the courts of the country where you live.
If you are a consumer resident outside of the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Retrato (including, in both cases, non-contractual disputes or claims) must be brought in the courts of Estonia.
For business Users
Business Users – Law:
If you are a business User, your agreement with us is governed by Estonian law and Estonian law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Retrato, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Retrato (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
Business Users - where claims must be brought:
If you are a business User, you and we agree that the courts of Estonia shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Retrato.
Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Retrato (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
17. Other terms which form part of your agreement with us:
Complaints Policy - which sets out the procedure for making a complaint about any aspect of Retrato, and how we will deal with that complaint;
Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union; and
These policies are part of Retrato’ Terms of Service. For more information, contact Retrato at [email protected].