Terms of service

1. Who we are

OpenRetouch is provided by DataDine sp. z o.o., ul. Żabiniec 85/60, 31-215 Kraków, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) under number 0001062828, kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register; NIP 9452280600, REGON 526637807, share capital PLN 5,000.00.

Contact: hello@openretouch.com or by post to the address above. These terms are also the rules for services provided electronically within the meaning of the Polish Act on Providing Services by Electronic Means.

2. Definitions

• Software: the OpenRetouch Photoshop plugin and the local OpenRetouch service (engine) installed on your computer.
• Free plan: use of the Software without an account and without payment.
• Pro: the paid subscription that unlocks additional tools, Apply all and batch processing.
• Account: your OpenRetouch account, identified by your e-mail address.
• Consumer: a person who concludes the contract for purposes outside their trade, business, craft or profession. In Poland this also covers a sole trader whose contract is not of a professional nature for them (art. 38a of the Polish Consumer Rights Act).

3. Services

We provide the following services electronically:

• the Software (Free plan), which runs entirely on your computer;
• the Account: sign-in by e-mail code, management of activated computers and of your subscription;
• Pro: a subscription giving access to the Pro tools on up to two computers at a time;
• the waitlist / news e-mails, if you sign up for them.

Your photos are processed on your own computer. We never receive them.

4. Technical requirements

• Adobe Photoshop 2024 (version 25.0) or newer;
• Windows 10 or 11 (64-bit) with an NVIDIA graphics card (4 GB+ VRAM recommended), or macOS on Apple Silicon;
• about 4 GB of free disk space for the engine and AI models;
• an internet connection to install the Software and models, to sign in and, for Pro, at least once every 14 days for the licence check;
• a current web browser and an e-mail account for the website, sign-in and checkout.

Adobe and Photoshop are trademarks of Adobe Inc. Photoshop is not part of our services and must be licensed separately.

5. Account

You create an Account by entering your e-mail address and the one-time code we send to it. Keep access to your e-mail secure; anyone with it can sign in. Pro may be active on up to two computers at a time; you can replace a computer from the panel or your account page.

You can close your Account at any time by writing to hello@openretouch.com. Closing the Account ends any active subscription at the end of the paid period.

6. Your licence

We grant you a personal, non-exclusive, non-transferable licence to install and use the Software for your own work, including commercial photography and client work. You may not resell, rent or share the Software or your Account, remove or circumvent the licence check, or reverse engineer the Software except where the law expressly allows it.

The Software contains open-source components and AI models licensed by third parties; their licences are listed in the Software and apply to those components.

You must not use our services to provide unlawful content or in a way that disrupts them or harms other users.

7. Pro subscription, trial and payment

The contract for Pro is concluded when you complete checkout. Pro is billed monthly or yearly in advance. Payments are processed by Stripe; we never see your card details.

First-time subscribers get a 7-day free trial. A payment card is required to start it. If you do not cancel before the trial ends, the subscription starts and your card is charged.

The subscription renews automatically for the same period until you cancel it. You can cancel any time on your account page; Pro then stays active until the end of the period you paid for and you are not charged again. If a renewal payment fails, Stripe retries it; if it still fails, the subscription ends and the Software returns to the Free plan.

8. Prices and taxes

Prices are shown in euros and include VAT where it applies. The founder price stays with your subscription for as long as it remains active, including when you switch between monthly and yearly.

We may change list prices. Existing subscribers are told by e-mail at least 30 days before a change applies to them and may cancel before it takes effect.

9. Right of withdrawal (consumers)

As a consumer you may withdraw from the contract within 14 days of concluding it, without giving a reason. To withdraw, send us a clear statement, for example by e-mail to hello@openretouch.com; you may use the model withdrawal form on our Refunds page. Sending the statement before the 14 days end is enough.

We refund all payments received from you, in full, within 14 days of receiving your statement, using the payment method you used, at no cost to you. See also our money-back guarantee on the Refunds page.

10. Conformity and complaints

We are responsible for the Software and Pro being in conformity with the contract, including the updates needed to keep them in conformity while your subscription runs.

If something does not work as described, write to hello@openretouch.com with your account e-mail and a description of the problem. We reply within 14 days. Consumers have the remedies provided by law: bringing the service into conformity, a price reduction or termination of the contract with a refund.

11. Availability and changes

We work to keep OpenRetouch reliable but cannot guarantee it will be error-free or always available. Pro keeps working offline for up to 14 days between licence checks. We may improve, change or retire tools; if we remove a major Pro feature you may cancel and receive a prorated refund for the unused period.

12. Liability

Always keep backups of your originals. OpenRetouch adds layers and never overwrites your pixels, but you are responsible for your files.

To the extent the law allows, we are not liable for indirect damage or lost profits, and our total liability to business customers is limited to the fees paid in the 12 months before the claim. These limits do not apply to damage caused intentionally or by gross negligence, and nothing in these terms limits the rights you have as a consumer.

13. Ending the contract

You can end the contract at any time by cancelling your subscription or closing your Account. We may end it with 30 days' notice, or immediately if you seriously breach these terms (for example by sharing or circumventing the licence); if we end it without such a breach, we refund the unused part of your subscription.

14. Changes to these terms

We may change these terms for important reasons, such as changes in the law, in our services or in security requirements. We tell subscribers by e-mail at least 30 days before a change takes effect; if you do not agree, you may cancel before then.

15. Law, disputes and language

Polish law applies. If you are a consumer, you keep the protection of the mandatory laws of the country where you live and may bring a claim before the courts there. Disputes with business customers are decided by the courts competent for Kraków.

Consumers may also use out-of-court dispute resolution: in Poland, for example, the municipal or district consumer ombudsman or the Provincial Inspectorate of Trade Inspection; in other EU countries, the European Consumer Centres network can help.

A Polish version of these terms is available for consumers in Poland; for them, the Polish version prevails.