End User License Agreement
This End User License Agreement (“Agreement”) is a legal agreement between you and Sputnik Digital Graphics (“Company,” “we,” “us,” or “our”) for the VanityFilter software application, including any installer, executable files, updates, documentation, presets, sample files, and related materials provided with it (collectively, the “Software”).
By downloading, installing, opening, activating, copying, or using the Software, you agree to this Agreement. If you do not agree, do not install or use the Software.
1. License Grant
Subject to your compliance with this Agreement and payment of any applicable fees, Company grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software for video skin-smoothing, masking, previewing, and exporting workflows.
Unless your purchase receipt, invoice, or separate written agreement says otherwise, each paid license is for one individual user. That user may install the Software on up to two computers owned or controlled by that user, provided the Software is not used by more than one person at the same time.
Organizations, agencies, studios, production companies, and other business users must purchase enough licenses for each individual user who uses the Software, unless a separate team, site, or enterprise license has been issued by Company.
2. Ownership
The Software is licensed, not sold. Company and its licensors retain all right, title, and interest in and to the Software, including all copyrights, trademarks, trade secrets, source code, object code, user interface elements, presets, documentation, and other intellectual property rights.
You do not receive ownership of the Software. You receive only the limited license described in this Agreement.
3. Your Videos and Output
You retain whatever rights you already have in the videos, audio, images, exports, mask videos, sidecar settings files, and other materials you create or process using the Software (“User Content”).
Company does not claim ownership of your User Content.
Subject to your rights in the source material and any third-party rights, you may use, publish, distribute, monetize, edit, or commercially exploit video files exported from the Software.
You are solely responsible for making sure you have all rights, licenses, permissions, and consents needed to import, process, retouch, export, publish, sell, or distribute any User Content. This includes rights from people appearing in footage, rights in audio, music, logos, copyrighted material, trademarks, locations, and any other protected content.
4. Face Detection, Skin Masking, and Retouching
The Software is designed to detect faces and skin regions in video frames, generate masks, and apply adjustable smoothing, texture repair, detail restoration, and related processing.
The Software is not designed to identify people, authenticate people, determine a person’s identity, diagnose any skin or medical condition, determine age, determine health status, or make any legally significant decision about a person.
You are responsible for using the Software lawfully and ethically, including when processing footage of other people. The Software does not verify whether you have consent from any person appearing in a video.
You agree not to use the Software to violate privacy rights, publicity rights, copyright, trademark rights, contract rights, platform rules, or applicable law.
5. Restrictions
You may not:
a. copy, distribute, sublicense, rent, lease, lend, sell, resell, host, or make the Software available to third parties except as expressly allowed by this Agreement;
b. share, publish, sell, or transfer your license key, activation credentials, installer, account access, or other license materials;
c. remove, obscure, or alter any copyright notice, trademark notice, attribution, third-party license notice, or proprietary marking included with the Software;
d. bypass, disable, tamper with, or interfere with any activation, licensing, copy-protection, usage-limit, or security feature of the Software;
e. use the Software to operate a hosted, cloud, rental, bureau, automated, or service-provider business where third parties access the Software directly, unless Company gives written permission;
f. use the Software to create malware, spyware, deceptive software, illegal surveillance tools, or content that violates applicable law;
g. modify the Software except where expressly allowed by Company or by an applicable third-party open-source license.
Nothing in this Agreement limits any rights you may have under applicable law or under the licenses for open-source components included with the Software.
6. Documentation and Results
The Software may include documentation, user manuals, tooltips, presets, previews, mask overlays, export settings, and troubleshooting guidance.
You understand that video processing results depend on many factors, including lighting, blur, camera angle, compression, resolution, motion, skin tone, occlusion, hats, glasses, hair, makeup, and the number and position of people in the frame.
The Software may fail to detect a face, may produce imperfect masks, may create artifacts, may smooth too much or too little, or may affect areas you did not intend. You are responsible for reviewing previews, checking mask overlays, inspecting exported files, and deciding whether the results are acceptable for your use.
Company does not guarantee that the Software will produce flawless, natural, undetectable, broadcast-safe, platform-approved, or commercially acceptable results in every video.
7. Third-Party Components
The Software may include third-party software, libraries, codecs, frameworks, tools, or other components (“Third-Party Components”). Third-Party Components are licensed by their respective owners and are subject to their own license terms.
The Software includes FFmpeg. FFmpeg is not owned by Company. FFmpeg is licensed separately by its respective authors under the applicable FFmpeg license included with the Software and/or Third-Party Notices.
This Agreement does not limit, replace, or modify any rights you may have under the license terms for FFmpeg or any other Third-Party Component.
Company will provide third-party notices, license texts, and source-code information where required by applicable third-party licenses. Such notices may be included with the Software, in an “About” screen, in a THIRD-PARTY-NOTICES file, or on Company’s website.
You acknowledge that some codecs, formats, and media technologies may be subject to patent, trademark, platform, or licensing restrictions in some jurisdictions. Company does not grant you any patent or codec rights except to the extent Company has the legal right to do so.
8. Updates and Changes
Company may provide updates, bug fixes, improvements, compatibility changes, new features, or revised documentation. Updates may be required for continued compatibility, licensing, security, or support.
Company is not required to provide any particular update, feature, codec, preset, export format, hardware acceleration path, or operating system support unless expressly stated in a separate written agreement.
Company may modify, suspend, or discontinue features, activation systems, licensing systems, support channels, or the Software itself, subject to any rights you may have under applicable law or your purchase terms.
9. System Requirements
The Software is intended for compatible Windows systems as described in the documentation or purchase materials.
You are responsible for maintaining compatible hardware, drivers, operating system versions, GPU drivers, storage, permissions, and other requirements needed to run the Software.
Hardware acceleration, export speed, preview speed, supported codecs, and output quality may vary based on your computer, GPU, drivers, source footage, export settings, and other conditions.
10. Payment, Refunds, and License Activation
Fees, taxes, refund rights, subscription terms, trial terms, discounts, and payment processing are governed by the purchase page, invoice, receipt, marketplace terms, or separate written agreement that applies to your purchase.
A license is not valid unless it was obtained from Company or an authorized seller.
If the Software uses license activation, online verification, update checks, or account-based licensing, you agree that the Software may communicate with Company or its service providers for those purposes, as described in Company’s Privacy Policy or purchase materials.
Company may suspend or terminate licenses that are unpaid, refunded, charged back, fraudulent, shared, resold without permission, or used in violation of this Agreement.
11. Privacy
Your use of the Software may be subject to Company’s Privacy Policy.
This Agreement does not itself describe every privacy practice that may apply to the Software, website, store, activation system, analytics, crash reporting, support requests, or update services.
Before selling or distributing the Software, Company should provide a Privacy Policy explaining what data, if any, is collected, processed, stored, transmitted, or shared.
12. Support
Company may provide support through the channels listed on its website, documentation, purchase page, or receipt.
Support does not include guaranteed turnaround times, custom development, video- editing services, footage repair, legal advice, privacy advice, production advice, or support for unsupported systems unless Company separately agrees in writing.
13. Feedback
If you send Company comments, bug reports, feature requests, presets, examples, suggestions, or other feedback about the Software, you grant Company a perpetual, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.
Company will not use your private footage in marketing, training, or public examples without your permission.
14. Termination
This Agreement remains in effect until terminated.
You may terminate it at any time by uninstalling the Software and ceasing all use.
Company may terminate this Agreement if you violate it. Upon termination, you must stop using the Software, uninstall it, and destroy any unauthorized copies.
Sections concerning ownership, restrictions, your content responsibilities, third-party components, warranty disclaimers, liability limits, indemnity, governing law, and any other provisions that should reasonably survive termination will survive termination.
Termination of this Agreement does not affect your ownership of exported User Content that you lawfully created before termination.
15. Disclaimer of Warranties
To the maximum extent permitted by law, the Software is provided “as is” and “as available,” with all faults and without warranties of any kind.
Company disclaims all express, implied, and statutory warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and uninterrupted or error-free operation.
Company does not warrant that the Software will meet your requirements, work with every video file, detect every face, avoid all artifacts, preserve every detail, export without error, run without interruption, remain compatible with every Windows update, or be suitable for any particular commercial, professional, broadcast, legal, medical, or platform-specific use.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
16. Limitation of Liability
To the maximum extent permitted by law, Company will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost data, corrupted files, production delays, replacement costs, reputational harm, or claims arising from your use of edited or exported videos.
To the maximum extent permitted by law, Company’s total liability for any claim related to the Software or this Agreement will not exceed the amount you paid Company for the Software during the twelve months before the event giving rise to the claim.
The limitations in this section apply whether the claim is based on contract, tort, negligence, strict liability, statute, warranty, or any other legal theory, even if Company has been advised of the possibility of damages.
Some jurisdictions do not allow certain liability limits, so some of the above may not apply to you.
17. Indemnity
You agree to defend, indemnify, and hold harmless Company and its owners, officers, employees, contractors, licensors, service providers, and affiliates from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from:
a. your User Content;
b. your use or misuse of the Software;
c. your violation of this Agreement;
d. your violation of applicable law;
e. your violation of any third-party rights, including privacy, publicity, copyright, trademark, contract, or consent rights;
f. your publication, distribution, sale, or monetization of videos processed with the Software.
18. Export Compliance
You agree to comply with all applicable export control, sanctions, and trade laws. You may not use, export, re-export, sell, or transfer the Software in violation of such laws.
19. U.S. Government Users
If the Software is acquired by or on behalf of the United States Government, it is provided as commercial computer software and commercial computer software documentation, with only those rights granted to other users under this Agreement.
20. Governing Law and Venue
This Agreement is governed by the laws of the State of Georgia, United States, without regard to conflict-of-law rules.
Any lawsuit or court proceeding arising from this Agreement or the Software must be brought in the state or federal courts located in Cobb County, Georgia, unless applicable law requires otherwise.
You and Company consent to the personal jurisdiction and venue of those courts.
21. Consumer Rights
Nothing in this Agreement limits any non-waivable consumer rights you may have under the laws of your jurisdiction.
If any provision of this Agreement conflicts with a non-waivable legal right, that provision will apply only to the maximum extent permitted by law.
22. Assignment
You may not assign or transfer this Agreement or your license without Company’s prior written consent, except where applicable law gives you a transfer right that cannot be waived.
Company may assign this Agreement as part of a merger, acquisition, sale of assets, corporate reorganization, or transfer of the Software business.
23. Severability
If any part of this Agreement is found unenforceable, the remaining parts will remain in effect. The unenforceable part will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not permitted.
24. Entire Agreement
This Agreement, together with any applicable purchase terms, Privacy Policy, Third-Party Notices, and separate written agreement signed by Company, is the entire agreement between you and Company regarding the Software.
It replaces all prior or contemporaneous understandings about the Software.
If there is a conflict between this Agreement and a separate written agreement signed by Company, the signed written agreement controls.
25. Contact
Questions about this Agreement may be sent to:
Sputnik Digital Graphics 2601 Summers Street NW #110 Kennesaw, GA 30144 vanity@sputnikfx.com www.SputnikFX.com