Terms of Service
Welcome to Raplace, a product provided by EVERLO MB ("we," "us," "our"). By using Raplace, you agree to these Terms of Service ("Terms"). Please read them carefully.
1. Acceptance of Terms
By accessing or using Raplace, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must discontinue your use of the platform.
2. Eligibility
Raplace is intended for individuals or businesses that require assistance with AI image generation for clothing and products. To use Raplace, you must have an active paid subscription. Free trials may be available at our discretion.
The Platform may only be used by individuals who: (i) can form legally binding contracts under applicable law, and (ii) are authorized to use the Platform pursuant to a Customer's procedures and policies (if any).
3. Services Provided
Raplace offers the following services:
- AI image generation for clothing and products
- User-generated content (UGC) creation
By generating images through Raplace, you are granted a commercial license to use the images. However, EVERLO MB is not responsible for any misuse of the images, including but not limited to illegal activities or bans from media platforms.
3.1 Modification or Discontinuation of the Platform
We may change or update the Platform at any time, including the availability of any feature, content, or database, and we may impose limitations or restrictions on certain features and services or on access to the Platform (or any part thereof), without notice or liability. We may offer alternative or additional features to certain Customers that may not be offered to others.
3.2 Free Tier and Trial Services
We may offer, from time to time, some of our services for limited free use ("Free Tier") and may offer trial versions ("Trial Service"). The respective terms of the Free Tier or the Trial Service and the limitations imposed on them shall be as set forth on our website or in a commercial agreement. We reserve the right to modify, cancel, and/or limit the Free Tier and/or Trial Service at any time and without liability.
4. User Responsibilities and Service Rules
You agree not to use the Service for any purpose that is unlawful or prohibited by these Terms. Without limitation, you agree not to engage in any of the following prohibited activities:
- Creating multiple User Accounts, misrepresenting your identity or using the Service to impersonate any other person
- Violating any federal, state, or local law, statute, ordinance, regulation, or ethical code
- Engaging in any activity that could cause us to violate any applicable law
- Engaging in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, or obscene
- Creating fake testimonials, reviews, or advertisements that violate consumer protection laws
- Using automated systems, including "robots," "spiders," or "offline readers" to access the Service
- Attempting to interfere with or compromise the system integrity or security
- Collecting or harvesting any personally identifiable information
- Making any commercial use of the Service without our prior written consent
- Decompiling, reverse engineering, or attempting to obtain the source code
- Uploading brand images or products that you do not have ownership of or proper licensing for
5. User Content
You are solely responsible for all content and images generated through our platform. You must have proper rights to use any source images or materials uploaded to our platform. We do not assume any liability for content generated by users that may violate third-party rights or applicable laws.
While our generated images are commercially ready to use, we do not hold any accountability for them or their use. You are responsible for ensuring all generated content complies with applicable laws and regulations.
You hereby represent and warrant that (i) you own or have all the necessary licenses, rights, consents, approvals, and permissions to grant us the right and license to use any content you upload and to authorize us to process, copy, download, store, distribute, and display the content, without infringing or violating any copyrights, privacy rights, publicity rights, trademarks, or any other contractual, intellectual property, or proprietary rights of any third party; (ii) any content you upload and any use thereof do not and shall not violate any applicable laws, including copyright, privacy, publicity, or defamation laws.
6. Intellectual Property Rights
The Service and all materials therein, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all Intellectual Property Rights related thereto, are the exclusive property of EVERLO MB and its licensors.
You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service, except for your authorized use of the User Content you create.
6.1 Licensed Photos
All photos generated through our platform ("Licensed Photos") are provided on a non-exclusive and non-transferrable basis. You are granted the commercial right to use these photos for your marketing and business purposes, but not to resell the Licensed Photos themselves as stock photography or similar products.
7. Indemnification
You agree to defend, indemnify and hold harmless EVERLO MB and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including privacy or Intellectual Property Rights
- Your violation of any applicable law, rule or regulation
- Any content submitted via your account including misleading, false, or inaccurate information
- Your willful misconduct
8. Limitation of Liability
By using Raplace, you acknowledge and agree that:
- EVERLO MB is not liable for any errors, service outages, or interruptions in service.
- We are not responsible for any misuse of the images generated using Raplace.
- We provide no warranty for the accuracy or performance of the images generated.
- In no event shall EVERLO MB be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
- Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the last 12 months.
NOTWITHSTANDING ANYTHING IN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
- IN NO EVENT SHALL EVERLO MB, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, MEMBERS OR EMPLOYEES BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY: (I) SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES; (II) LOSS OF DATA, INFORMATION, GOODWILL, PROFITS, SAVINGS, OR PURE ECONOMIC LOSS; (III) THE FAILURE OF INDUSTRY STANDARD SECURITY MEASURES AND PROTECTIONS; AND/OR (IV) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES; REGARDLESS OF (A) WHETHER EVERLO MB OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE; OR (B) THE THEORY OR BASIS OF LIABILITY (SUCH AS, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT).
- YOU SPECIFICALLY AGREE THAT EVERLO MB IS NOT RESPONSIBLE OR LIABLE FOR ANY UNLAWFUL, EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OF ANY OTHER PARTY ON OR THROUGH THE PLATFORM, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, WITHOUT LIMITATION, PRIVACY RIGHTS.
- EVERLO MB'S TOTAL AGGREGATE AND CUMULATIVE LIABILITY FOR ALL DIRECT CLAIMS, DAMAGES AND LOSSES (WHETHER IN CONTRACT, TORT OR OTHERWISE), IS LIMITED TO THE FEES PAID TO EVERLO MB FOR USE OF THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE CAUSE OF THE CLAIM.
9. Subscription and Payment
9.1 Paid Subscriptions
Access to Raplace requires an active paid subscription. You are responsible for ensuring that your payment details are current and that your subscription is valid.
9.2 Cancellation
You may cancel your subscription at any time. However, you will not be eligible for a refund of any fees already paid unless otherwise required by law.
9.3 Refunds
In specific cases, we may offer a 14-day money-back guarantee. Refunds will only be considered if you can demonstrate that the platform is not functioning as described and we are unable to resolve the technical issues after reasonable attempts. Any refund request must be submitted in writing with detailed information about the encountered issues. We reserve the right to evaluate each refund request on a case-by-case basis. Refunds will not be provided for any misuse of the platform or if the platform is working as intended but does not meet your specific expectations.
10. Account Termination
We reserve the right to terminate or suspend your access to Raplace if we detect any malicious usage patterns or violations of these Terms.
You can also delete your account data and terminate your account at any time. This can be done by contacting us or by using the account deletion feature in the Dashboard account settings.
11. Governing Law
These Terms are governed by and construed in accordance with the laws of Lithuania, without regard to its conflict of law provisions.
11.1 Class Action Waiver
WHERE PERMITTED UNDER APPLICABLE LAWS, YOU AND EVERLO MB AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and EVERLO MB agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
12. Export Controls
The Platform may be subject to EU, U.S., or foreign export controls, laws, and regulations (the "Export Controls"), and you agree and confirm that: (i) you are not located or uses, exports, re-exports or imports the Platform (or any portion thereof) in or to, any person, entity, organization, jurisdiction or otherwise, in violation of the Export Controls; (ii) you are solely responsible for complying with applicable Export Controls which may impose additional restrictions, prohibitions or requirements on the use of the Platform.
13. Miscellaneous
13.1 Entire Agreement
These Terms constitute the entire agreement between you and EVERLO MB with respect to your use of the Platform, and supersede all prior or contemporaneous understandings regarding such subject matter.
13.2 Assignment
EVERLO MB may assign at any time any of its rights and/or obligations hereunder to any third party without your consent. You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, without the prior written consent of EVERLO MB, and any attempt by you to do so shall be deemed null and void.
13.3 Force Majeure
Neither EVERLO MB nor you will be liable for any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
13.4 Severability
In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect, and such provision shall be reformed only to the extent necessary to make it valid, enforceable, and legal.
14. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Company Name: EVERLO MB
Registry Code: 306207980
Address: Eduardo Andre st. 14-5, LT-02232 Vilnius, Lithuania
Last updated: 5/8/2025