Terms of Use
These Terms of Use ("Terms") form a binding agreement between you ("you" or "User") and Tim Herdina, an individual developer ("Developer," "we," "us," or "our"), governing your access to and use of the Scenes Photo Frame mobile application and any related services (collectively, the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the App.
1. The App
Scenes Photo Frame is an iOS application that converts an iPhone or iPad into a digital photo frame by displaying photos from the user's device photo library. The App is distributed through the Apple App Store and is intended for personal, non-commercial use.
2. License Grant
Subject to your compliance with these Terms and with the Apple Media Services Terms and Conditions (including the Licensed Application End User License Agreement, or "Standard EULA"), we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial use. This license is governed by Apple's Standard EULA, which is incorporated into these Terms by reference and is available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. To the extent these Terms conflict with the Standard EULA, the more restrictive provision governs.
3. Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You will not:
- use the App in any way that violates any applicable law or regulation;
- display, store, or distribute through the App any photo or other content that you do not own or have the necessary rights to use, including content that infringes any copyright, trademark, privacy right, publicity right, or other intellectual property right of any third party;
- display any content through the App that is unlawful, obscene, defamatory, harassing, hateful, or that depicts minors in a sexualized manner;
- attempt to reverse engineer, decompile, disassemble, modify, or create derivative works of the App, except to the extent such restrictions are prohibited by applicable law;
- circumvent or attempt to circumvent any security, licensing, or access-control feature of the App; or
- use the App to harm, interfere with, or disrupt the App, Apple's services, or any third-party services.
You are solely responsible for the photos and content you choose to display through the App, and for ensuring that you have all rights necessary to display them.
4. In-App Purchases and Subscriptions
The App offers both one-time in-app purchases ("Pro Upgrade") and auto-renewable subscriptions (each, a "Subscription"). All purchases are processed by Apple through your Apple ID account. Payment will be charged to your Apple ID account at confirmation of purchase.
Auto-Renewable Subscriptions. If you purchase a Subscription:
- The Subscription automatically renews at the end of each billing period (e.g., monthly or annually, as selected at the time of purchase) unless auto-renewal is turned off at least 24 hours before the end of the current period.
- Your Apple ID account will be charged for renewal within 24 hours prior to the end of the current period at the price disclosed at the time of purchase.
- You can manage your subscription and turn off auto-renewal by going to your Apple ID Account Settings on your device after purchase.
- No cancellation of the current Subscription is allowed during the active Subscription period. You may cancel future renewals as described above.
- Any unused portion of a free trial period, if offered, will be forfeited when you purchase a Subscription, where applicable.
One-Time Purchases. Pro Upgrade and other non-consumable purchases unlock features on the Apple ID used to make the purchase and may be restored on other devices signed in with that Apple ID using the "Restore Purchases" function within the App.
Pricing. Current pricing and Subscription terms are disclosed within the App prior to purchase. Prices may change from time to time; any change will only affect future billing periods and will be disclosed in advance as required by Apple.
Refunds. All purchases are final and non-refundable, except as required by applicable law or by Apple's refund policy. Refund requests must be directed to Apple at https://reportaproblem.apple.com.
5. Photos and Your Content
The App accesses photos from your device's photo library only with your permission, which you can grant or revoke at any time in your device Settings. Photos accessed by the App remain on your device. We do not upload, store on our servers, or otherwise transmit your photos to ourselves or to any third party. You retain all rights to your photos.
6. Updates and Changes to the App
We may, from time to time, release updates, bug fixes, or new versions of the App. We may also modify, suspend, or discontinue features at any time, with or without notice. We are not liable to you or to any third party for any modification, suspension, or discontinuation of the App or any feature.
7. Third-Party Services
The App may use third-party services for analytics and crash reporting, as described in our Privacy Policy. Your use of any third-party services is subject to those third parties' terms and policies, and we are not responsible for them.
8. Apple-Specific Terms
You acknowledge that these Terms are between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its content. Apple has no obligation to provide any maintenance or support services for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid by you for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
9. Intellectual Property
The App, including its design, code, graphics, and trademarks (excluding User content), is owned by the Developer and is protected by United States and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the App except for the limited license set forth in Section 2.
10. Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) FIVE U.S. DOLLARS ($5.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the App, (b) your violation of these Terms, or (c) your violation of any third party's rights, including any intellectual property or privacy right.
13. Termination
These Terms remain in effect until terminated. You may terminate them at any time by deleting the App from your device. We may terminate or suspend your license to use the App at any time, with or without cause or notice. Upon termination, Sections 3, 9, 10, 11, 12, 14, and 15 will survive.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the App will be brought exclusively in the state or federal courts located in Los Angeles County, CA, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
15. Changes to These Terms
We may modify these Terms from time to time. If we make material changes, we will update the "Last Updated" date above and, where appropriate, provide notice within the App. Your continued use of the App after changes take effect constitutes your acceptance of the revised Terms.
16. Miscellaneous
These Terms, together with the Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and the Developer regarding the App. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms; we may assign them at our discretion.
17. Contact
Questions about these Terms can be sent to:
Tim Herdina
Email: scenesphotoframe@gmail.com