This End-User License Agreement ("Agreement" or "EULA") is a legally binding contract between you ("User," "you," or "your") and Sparkling Design and Infotech (P) Ltd, a company registered in India at 215, Technopark Trivandrum, Nila Building, Technopark Campus, Thiruvananthapuram, Kerala 695581, India ("Company," "we," "us," or "our"), for the use of the UpscaleAI mobile application ("App" or "Software").
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, and as permitted by the App Store Terms of Service.
By downloading, installing, or using UpscaleAI, you expressly consent to:
When you submit an image for upscaling, you explicitly consent to and acknowledge:
If you are a non-premium user, by using the App you consent to:
You may opt out of personalised advertising at any time via Settings › Privacy & Security › Tracking.
By using the App, you consent to the collection of anonymous usage analytics and crash reports via Firebase (Google LLC). This data is used solely to improve the App's performance and stability. No personally identifiable information is included in analytics events.
We will request your permission before sending push notifications. You may grant or deny this permission when prompted by iOS and may change your preference at any time in Settings › Notifications.
You may withdraw your consent at any time by:
Note that withdrawing consent may limit or prevent the functionality of the App.
UpscaleAI currently offers the following purchase option:
Users who previously purchased a Lifetime Access plan prior to its discontinuation retain their lifetime premium access. The Lifetime Access plan is no longer available for new purchase. Existing lifetime access holders retain their premium benefits for the lifetime of the App and are not affected by any subscription changes.
Payment is charged to your Apple ID account at confirmation of purchase. Subscriptions automatically renew each month unless auto-renewal is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.
We may offer free trial periods from time to time. If offered, you will not be charged during the trial period. Your subscription will automatically begin and payment will be charged at the end of the trial unless you cancel at least 24 hours before it ends. Any unused portion of a free trial will be forfeited upon purchase of a subscription.
You may cancel your Monthly Subscription at any time through Settings › Apple ID › Subscriptions. Cancellation takes effect at the end of the current billing period, and you retain premium access until then.
We reserve the right to change subscription prices with advance notice. Continued subscription after a price change constitutes acceptance of the new price.
All purchases are final and non-refundable except as required by applicable law or Apple's refund policies. Refund requests must be directed to Apple through the App Store. We do not process refunds directly.
The App and all content, features, and functionality — including software, text, graphics, algorithms, and design — are owned by Sparkling Design and Infotech (P) Ltd and are protected by Indian and international intellectual property laws. Your use of the App does not grant you any ownership rights.
When you use UpscaleAI to process images, you represent, warrant, and agree that:
We expressly disclaim all liability arising from your image content.
Some jurisdictions do not allow these limitations. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold harmless Sparkling Design and Infotech (P) Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of:
Your rights under this Agreement will terminate automatically if you fail to comply with its terms. Upon termination:
We reserve the right to suspend or terminate your access at any time for any reason.
We may modify, update, or discontinue the App at any time. We may amend this Agreement with notice through the App. Your continued use constitutes acceptance of any revised Agreement.
The App integrates the following third-party services:
We are not responsible for the practices or privacy policies of third-party services.
This Agreement is between you and Sparkling Design and Infotech (P) Ltd only, not with Apple Inc. Apple has no obligation to provide maintenance or support for the App. Apple is a third-party beneficiary of this Agreement with the right to enforce it against you.
This Agreement is governed by the laws of India. The courts of Thiruvananthapuram, Kerala, India shall have exclusive jurisdiction.
Disputes shall first be attempted to be resolved by good-faith negotiation for 30 days, then by arbitration under the Arbitration and Conciliation Act, 1996 of India.
If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in full force.
This Agreement and our Privacy Policy constitute the entire agreement between you and Sparkling Design and Infotech (P) Ltd regarding the App.
For questions about this Agreement:
Sparkling Design and Infotech (P) Ltd
support@sparklingapps.com 215, Technopark Trivandrum, Nila Building