AI CULLER — END USER LICENSE AGREEMENT (EULA)
Version 1.0 Last updated: Oct 27th, 2026 Licensor: Richard Tsai (referred to below as "the Author"), an individual software developer.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING OR USING AI CULLER. By clicking "I accept", installing, or using the software, you agree to be bound by this agreement. If you do not agree, do not install or use the software and do not click "I accept".
1. WHAT THIS AGREEMENT COVERS
This agreement is between you (the person using the software, "you") and the Author. It covers the AI Culler desktop application, including any updates the Author may provide (together, "the Software").
The Software runs entirely on your own computer. It does not send your photos, face data, or any other content to the Author or to any server.
2. YOUR LICENSE
When you buy a license, or when you install the free trial, the Author grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software on computers that you own or control, for your own use.
A license key is for one person. The trial is limited to three (3) days from first activation on a given computer.
You may not:
- (a) sell, rent, lease, sublicense, distribute, or otherwise transfer the Software or your license key to anyone else;
- (b) copy, modify, translate, or create derivative works of the Software;
- (c) reverse engineer, decompile, disassemble, or otherwise try to derive the source code, except to the extent that applicable law expressly permits this despite this restriction;
- (d) remove, obscure, or alter any copyright, trademark, or other proprietary notice in the Software;
- (e) use the Software to break any law, or in a way that infringes the rights of anyone else.
If you received a license key, you may activate it on the number of computers allowed by that purchase. You can deactivate a computer from within the Software to free that slot for another computer.
2A. LICENCE TIERS
Standard and Commercial licences run the same software. They differ in the number of computers you may activate, and in the use they permit:
- (a) A Standard licence is for personal, non-commercial use, and may be activated on one (1) computer. Work delivered to paying clients, and any use in the course of business, requires a Commercial licence.
- (b) A Commercial licence may be used for commercial purposes, including client, studio and company work, and may be activated on up to three (3) computers. Within the licensed organisation, any individual may use the Software on those computers.
Deactivating a computer from within the Software frees that activation for use on another computer. The number of activations available to you is the one configured for the product you purchased, as stated at checkout.
3. TRIAL VERSION
The Author may offer a free trial of three (3) days. The trial is provided for you to evaluate whether the Software meets your needs. When the trial expires, the Software will stop working unless you buy a license.
The trial is offered free of charge. Sections 5, 6 and 7 of this agreement apply fully to the trial, including the limitation of liability.
4. PRICE, PAYMENT AND REFUNDS
Purchases are processed by Creem, which acts as the Merchant of Record for the transaction. This means Creem — not the Author — is the seller of record, handles your payment, and is responsible for collecting and remitting applicable sales tax and VAT.
Your payment terms, order confirmation, invoicing, and any refund request are governed by Creem's own terms and policies, which are provided to you during checkout and on the Creem website. This agreement does not replace or override those terms.
The Author does not receive or store your payment card details.
5. NO WARRANTY — THE SOFTWARE IS PROVIDED "AS IS"
The Software is provided "as is" and "as available", without warranty of any kind, whether express, implied, or statutory.
To the maximum extent permitted by applicable law, the Author disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, and non-infringement.
The Author does not warrant that:
- (a) the Software will be free of errors, bugs, or interruptions;
- (b) the Software will run on every computer or with every version of Windows;
- (c) the Software will be fit for any particular purpose you have in mind;
- (d) the Software's automated photo selection will produce the results you expect.
ABOUT AI PHOTO SELECTION: The Software uses automated image analysis to suggest which photos to keep and which to move away. These suggestions are estimates produced by a machine-learning model. They are not a substitute for your own judgement. The Author does not guarantee the accuracy, completeness, or suitability of any selection result. You remain responsible for reviewing the outcome before acting on it.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT CASE, THE EXCLUDED WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD AND SMALLEST SCOPE PERMITTED BY APPLICABLE LAW. NOTHING IN THIS AGREEMENT LIMITS ANY RIGHTS YOU HAVE UNDER MANDATORY CONSUMER PROTECTION LAW IN YOUR COUNTRY OF RESIDENCE.
6. HOW THE SOFTWARE HANDLES YOUR FILES
It is important that you understand what the Software does with your photos.
The Software DOES NOT permanently delete your photos. Instead, based on your settings and your own confirmation, it can:
- (a) MOVE files from the folder you selected to another folder you specified ("Move to Review" and similar actions); and
- (b) MOVE files to the Windows Recycle Bin ("Move to Recycle Bin").
Both actions are reversible by you. Files moved to a folder can be moved back. Files sent to the Recycle Bin can be restored from the Recycle Bin until the Recycle Bin is emptied.
The Software does not empty your Recycle Bin, does not permanently delete files, and does not overwrite your originals.
YOU ARE RESPONSIBLE FOR MANAGING YOUR FILES AFTER THEY HAVE BEEN MOVED, including deciding what to keep, what to clean up, and what to ultimately delete. This includes — but is not limited to — emptying folders, emptying the Windows Recycle Bin, using third-party cleanup or disk-optimisation tools, or deleting files through Windows Explorer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR IS NOT LIABLE FOR ANY LOSS OF FILES OR DATA CAUSED BY YOUR OWN ACTIONS OR BY THIRD-PARTY TOOLS, INCLUDING CLEARING FOLDERS, EMPTYING THE RECYCLE BIN, USING CLEANUP UTILITIES, OR HARDWARE OR STORAGE FAILURE.
The Author strongly recommends that you keep an independent backup of any photos that matter to you. Do not treat any single folder, drive, or Recycle Bin as your only copy.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE.
IF YOU USED THE SOFTWARE ONLY UNDER A FREE TRIAL AND PAID NOTHING, THE AUTHOR'S TOTAL AGGREGATE LIABILITY IS LIMITED TO ZERO (0).
This limitation applies to all claims, whether based in contract, tort (including negligence), strict liability, or any other legal theory, and whether or not the Author was advised of the possibility of such loss.
Nothing in this section limits liability that cannot be limited under applicable law, including (where and to the extent applicable) liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that mandatory law does not allow to be excluded or limited. Nothing in this agreement excludes or limits your statutory rights as a consumer under the mandatory law of your country of residence.
8. INTELLECTUAL PROPERTY
The Software, including its code, design, logo, and documentation, is owned by the Author and is protected by copyright and other laws. This agreement gives you a license to use the Software. It does not transfer ownership of the Software or any intellectual property in it.
The Software includes third-party open-source components. Those components are licensed to you under their own licenses, not under this agreement, and the applicable notices and license texts are provided with the Software (a summary is shown together with this agreement at first launch; the full attribution list and all license texts are in the "licenses" folder of the installation directory and under "Third-Party Notices" in the Help menu). Where a third-party license grants you rights that conflict with this agreement, that third-party license prevails for that component.
Your photos remain yours. The Author claims no rights in your photos or in any content you process with the Software.
9. PRIVACY
The Software processes your photos locally on your computer. It does not upload, transmit, or share your photos, face data, or analysis results.
The Software may store a local device identifier and local trial/license records on your computer for the purpose of licensing and preventing repeated trials. These records stay on your computer and are not sent to the Author except when you activate or deactivate a license, in which case only the data needed to bind the license to your computer is exchanged.
Full details are in the separate Privacy Policy that accompanies the Software. The Privacy Policy forms part of this agreement.
10. TERMINATION
This license takes effect when you accept this agreement and continues until it ends.
The Author may terminate this license if you materially breach this agreement — for example, by redistributing the Software, sharing your license key, or attempting to circumvent the licensing or trial system. Where it is reasonable to do so, the Author will give you notice and a reasonable opportunity to fix the breach.
On termination you must stop using the Software and remove it from your computers. Sections 5, 6, 7, 8, and 11 survive termination.
Termination does not entitle you to a refund except where a refund is required by applicable law or by Creem's refund policy.
11. GOVERNING LAW AND JURISDICTION
THIS SECTION IS IMPORTANT. PLEASE READ IT CAREFULLY.
This agreement and any dispute arising out of or in connection with it are governed by the laws of the People's Republic of China, excluding its conflict-of-law rules.
**ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE SUBMITTED TO THE PEOPLE'S COURT WITH JURISDICTION AT THE AUTHOR'S DOMICILE, WHICH IS ZHONGSHAN CITY, GUANGDONG PROVINCE, PEOPLE'S REPUBLIC OF CHINA.**
This means that, if we cannot resolve a dispute between us, the case would be heard by a court in Zhongshan City, Guangdong Province, China.
Consumers resident in the European Union, the European Economic Area, the United Kingdom, or other jurisdictions whose mandatory consumer protection law gives them the right to bring proceedings before the courts of their own place of residence, or to rely on the mandatory consumer protections of their own country, keep those rights. Nothing in this section removes a right that applicable mandatory law says cannot be removed by agreement.
12. GENERAL
Entire agreement. This agreement, together with the Privacy Policy and the Third-Party Notices, is the entire agreement between you and the Author about the Software.
Severability. If any provision of this agreement is found unenforceable, the rest stays in force and the unenforceable provision is replaced by an enforceable one that comes closest to its intent.
No waiver. If the Author does not enforce a provision on one occasion, that does not mean the Author gives up the right to enforce it later.
Assignment. You may not assign this agreement. The Author may assign it to a successor in connection with a transfer of the Software.
Language. This agreement is written in English. If it is translated, the English version controls to the extent permitted by applicable law.
Contact. Questions about this agreement: Richard Tsai Email: richard@aiculler.cc Postal address: No.1, Jiangnan Industrial Zone, Nancun, Guangzhou, GD, PRC
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