Vesper — Terms of Use

What Vesper does

Vesper re-stages a photograph you choose: it sends that photograph to an image model with a template we wrote, and returns a new picture. Colour Splash edits a photograph entirely on your device. What comes back is a new image made from yours — it is an interpretation, not a correction, and it will not always be what you hoped for.

Your photographs, and what you may submit

You keep every right you already have in the photographs you submit and in the pictures Vesper makes from them. We claim no ownership of either, and we do not use your photographs to train anything.

By submitting a photograph you confirm that:

• you have the right to use it, and the permission of anybody recognisable in it;
• it does not contain sexual content involving minors, or any other unlawful material;
• you are not using Vesper to impersonate a real person, to fabricate evidence, or to mislead anyone about something that happened.

We may refuse or stop a generation that appears to break these rules, and we may block an installation that repeatedly does. The image model applies its own safety rules, which sometimes refuse a photograph we would have allowed.

Credits, packs and membership

Browsing the templates and using Colour Splash cost nothing. Re-staging a photograph spends a credit. Credits are bought through the App Store as consumable purchases or granted by a membership; Apple takes the payment and we never see your card.

A membership is an auto-renewing subscription. It renews for the same period and price until you cancel it, and you cancel it in your Apple account settings — cancelling at least 24 hours before the period ends stops the next renewal. Prices are shown in the app before you buy, in your own currency.

If a generation fails through our fault, its credit is returned automatically. Credits have no cash value, cannot be transferred, and are tied to the installation that bought them; if you use “Forget this install”, any remaining credits go with it. Refunds for App Store purchases are handled by Apple under Apple's policies.

What is ours

The app, its name, its design, and the templates and prompts behind them are ours. You may use the pictures you make however you like, including commercially. You may not copy, extract or resell the templates themselves, or use the app to build a competing service.

The app will change

Templates are added, retired and rewritten; features arrive and occasionally leave. We may stop offering Vesper, and if we do we will say so in the app first. We may require a recent version of the app in order to keep the service working.

No warranty, and what we are liable for

Vesper is provided as it is. We do not promise that it will be uninterrupted, that a particular photograph will produce a particular result, or that it will suit any purpose you have in mind.

Nothing here limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud. Subject to that, our total liability to you is limited to what you paid us in the twelve months before the claim, and we are not liable for indirect or consequential loss, or for lost data — your kept pages live on your device, and keeping your own backup is your responsibility.

Privacy

What the app does with your data is set out in the Vesper privacy policy, which forms part of these terms.

Law, and reaching us

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer elsewhere, you keep the rights your local law gives you.

Apple is not a party to these terms and has no responsibility for the app; Apple's own terms also apply to purchases made through the App Store.

Questions: vesper@kaistud.io.

KAISTUDIO HQ LTD
London, United Kingdom