Terms of Service


The ‘Clouds’ application is based on a series of digital images with the same title created by Arkadiusz Rataj and allows users to create a similar ‘deep dream’ effect on their smartphones.

The author of this application is Arkadiusz Rataj, residing at the address: al. Wojska Polskiego 28/14, 62-800 Kalisz, Poland (hereinafter referred to as: „an Artist”).

The Terms of Service of the ‘Chmury’ application (hereinafter referred to as the „Terms of Service”) specifies the rights and obligations of the Artist and the users of the mobile application (hereinafter referred to as the „Application”) by the Artist.

The User of the Application is anyone who has the Application installed on a mobile device and uses the functionalities provided as part of the Application (hereinafter referred to as the „User”).


The application is available for free on Google Play and the App Store. The installation of the App requires your prior registration with the app store and install of the app store software. The Artist does not receive any personal data about you and has no control over the processing of your personal data in connection with the registration and installation of the app store software and the download of the app from the App Store. Only the App Store operator is responsible for the processing of your personal data in accordance with the applicable data protection laws. For more information about how the app store operator processes your personal data and your data subject rights, please refer to the privacy policy of the respective app store operator.


Except as expressly allowed in these Terms, the User may not:

  1. copy the App (except where such copying is enabled by the App);
  2. transfer the App to anyone else;
  3. sub-license or otherwise make the App available in whole or in part (and whether in object or source code form) to any person;
  4. make any alterations to, or modifications of, the App; or
  5. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do so.


The User may use the App only for personal and lawful purposes. In  particular, but without limitation, the User agrees not to:

  1. use the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  2. use, share, or otherwise exploit the App for any commercial, business, or monetized purpose whatsoever;
  3. reproduce, duplicate, copy, share, or re-sell any part of the App in contravention of these Terms;
  4. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
  5. transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the App; or
  6. access without authority, interfere with, damage or disrupt (a) any part of the App; (b) any software used in the provision of the App; or (c) any equipment, network or software owned or used by any third party.


The Artist may terminate the User’s rights under these Terms immediately and without notice if:

  1. the User has breached any of the App License Restrictions or the Acceptable Use Restrictions;
  2. the Artist believes that the User’s use of the App is unsuitable in any way; or
  3. the User is otherwise in breach of these Terms.

If the Artist terminates the User’s rights under these Terms:

  1. the User must immediately stop all activities authorized by these Terms, including the User’s use to of the App; and
  2. the User must immediately delete or remove the App from all devices then in the User’s possession, custody or control and, if required, confirm to the Artist that the User has done so.


The User acknowledge and agree that:

  1. the App, and all material published on, or in (including but not limited to the all text, graphics, photos, logos, button icons, images-, trademarks-, audio- and audio-visual clips, databases, data compilations, and data (together the Content) is owned and controlled by or licensed to the Artist;
  2. limited rights in the Content are licensed (not sold) to the User under these Terms;
  3. the User has no rights in, or to, the Content other than the right to use the Content strictly in accordance with these Terms; and
  4. the User may not copy, adapt, display, share, communicate to the public or otherwise use any Content except as enabled and  permitted by the App and these Terms from time to time.


The App is provided on an “as is” basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the App, or that the App will be secure, uninterrupted or free of defects.

Your access to the App may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will not be liable to you if for any reason the App are unavailable at any time or for any period.


The App may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.


From time-to-time updates to the App may be issued through the Platforms. Depending on the update, the User may not be able to use the App until the User has downloaded the latest version of the App and accepted any new terms.


The Artist will use reasonable endeavours to ensure that no part of the App will contain or spread any viruses or other malicious code. However, the Artist recommend that you ensure that equipment used to access the App run up-to-date anti-virus software as a precaution, and the User is
advised to virus-check any materials downloaded from the App and regularly check for the presence of viruses and other malicious code.

To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the App.


All information published on the App is provided in good faith and for general information purpose only. The Artist makes no warranties about the completeness, reliability, or accuracy of such information. Any action the User takes based on such information is taken at the User’s own risk.


The Artist does not exclude or limit its liability to the User where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of the Artist’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

The Artist provides the App for domestic and private use only. The User agrees not to use the App for any commercial or business purposes, and the Artist will have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity. The

Artist is not responsible for the acts or omissions of any Platform.

If the App damages a device or digital content belonging to the User and this is caused by the Artist’s failure to use reasonable care and skill, the Artist will either repair the damage or pay you compensation. However, the Artist will not be liable for damage that the User could have avoided by following the Artist’s advice to apply an update offered to the User free of
charge or for damage that was caused by the User failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by the Artist.

Except as set out in the paragraph above, the User accepts and agrees the Artist will not be liable for any harmful effect that accessing the App may have on the User, and the User agrees that the User access the App at his/her own risk.


For the contact purposes, it is possible to do so by e-mail kontakt@arekrataj.pl.

The App may use pop-up notifications, unless the User disables them.


The Artist may transfer its rights and obligations under these Terms to another organization, but this will not affect the User’s rights or our obligations under these Terms.

If the Artist does not enforce our rights against the User, or if the Artist delays in doing so, that does not mean that the Artist has waived our rights against the User, and it does not mean that the User is relieved of the obligations under these Terms.

If the Artist does waive a breach by the User, the Artist will only do so in writing, and that will not mean that the Artist will automatically waive any later breach by the User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.

These Terms are governed by Polish law and the courts of Poland have non-exclusive jurisdiction.