Privacy policy

Last Updated: 16 September 2024

Introduction

Welcome to PHOTTR! This document outlines the Terms and Conditions and End User License Agreement ("Terms") governing your use of the PHOTTR app ("App"). By downloading, accessing, or using the App, you agree to be bound by these Terms. Please read them carefully before using the App.

Section 1: Terms and Conditions (T&C)

1. User Responsibilities

  • Lawful Use: You agree to use the App in compliance with all applicable laws and regulations.

  • Age Requirement: You must be at least 13 years old to use the App.

  • Responsible Conduct: You agree not to engage in any activity that could harm or disrupt the App or other users.

2. Prohibited Uses

You agree not to:

  • Illegal Activities: Use the App for any unlawful purposes, including but not limited to violating intellectual property rights or transmitting illegal content.

  • Unauthorized Access: Attempt to gain unauthorized access to any part of the App, servers, or networks.

  • Interference: Introduce viruses, malware, or any other harmful code that could damage or disrupt the App's functionality.

  • Reverse Engineering: Decompile, reverse engineer, or disassemble the App or any related software.

3. Liability Limitations

  • No Warranty: The App is provided "as is" without any warranties, express or implied.

  • Limitation of Liability: PHOTTR s.r.o. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the App.

  • Data Loss: We are not responsible for any loss or corruption of data.

4. Dispute Resolution

  • Arbitration: Any disputes arising out of or relating to these Terms shall be finally settled by binding arbitration under the rules of the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic.

  • Location: The place of arbitration shall be Prague, Czech Republic.

  • Language: The arbitration proceedings shall be conducted in English.

5. Governing Law

These Terms are governed by and construed in accordance with the laws of the Czech Republic.

Section 2: End User License Agreement (EULA)

1. License Grant

PHOTTR s.r.o. grants you a non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.

2. Restrictions on Use

You may not:

  • Copy or Distribute: Copy, modify, distribute, or create derivative works of the App.

  • Reverse Engineering: Attempt to extract the source code or underlying algorithms of the App.

  • Transfer Rights: Rent, lease, lend, sell, redistribute, or sublicense the App.

3. Termination of License

This license is effective until terminated by you or PHOTTR s.r.o. Your rights under this license will terminate automatically without notice if you fail to comply with any of these Terms. Upon termination, you must cease all use of the App and destroy all copies.

4. Intellectual Property Rights

All intellectual property rights in the App, including but not limited to software, graphics, and trademarks, are owned by PHOTTR s.r.o. and are protected by applicable laws and treaties.

Section 3: In-App Purchases and Refunds

1. In-App Purchases

  • Credits for Image Processing: You may purchase credits for image processing through in-app purchases.

  • Payment Processing: All payments are processed by Apple Inc. ("Apple") and are subject to Apple's payment terms and conditions.

  • Anonymity: We do not collect or store any personal payment information. We receive a transaction identifier and receipt data from Apple to confirm your purchase.

2. Refunds

  • Apple's Refund Policy: For refund requests, please contact Apple Support or use the refund feature in your App Store purchase history.

  • No Direct Refunds: PHOTTR s.r.o. does not provide refunds directly.

3. Finality of Sales

  • All Sales Final: All in-app purchases are final and non-refundable to the extent permitted by law.

Section 4: Data Handling and Privacy Policy

1. No Personal Data Collection

  • Anonymous Use: The App does not require you to create an account or provide any personal information to use its features.

  • No Login Required: You can access and use the App's functionalities without registration.

2. Image Processing

  • Temporary Data Storage: Images you capture are temporarily uploaded to our Google Cloud servers for processing.

  • Immediate Deletion: Once processing is complete and the enhanced image is returned to your device, both the original and processed images are immediately deleted from our servers.

  • No Retention: We do not store or retain your images after processing is completed.

3. Data Security

  • Secure Transmission: All data transfers between your device, our servers, and third-party processors are encrypted using industry-standard protocols.

  • Third-Party Processors: We use Google Cloud and Photoroom for data processing, both of which comply with applicable data protection regulations.

  • No Access to Personal Data: Since we do not collect personal data, there is no personal data for unauthorized parties to access.

4. International Data Transfers

  • Data Processing Locations: Image processing may involve servers located outside the European Union (EU), including the United States.

  • Safeguards Implemented: Our third-party processors operate in compliance with EU data protection laws and employ appropriate safeguards to protect your data during international transfers.

  • Consent to Transfer: By using the App, you consent to the transfer of your data as described.

Section 5: User Rights and GDPR Compliance

1. General Information

  • No Personal Data: As we do not collect personal data, many provisions of data protection laws like the GDPR are not applicable.

  • Transparency: We are committed to being transparent about our data handling practices.

2. Your Rights

  • Right to Information: You have the right to know how your data is processed.

  • Contact Us: If you have any questions or concerns about data handling, you can contact us at legal@phottr.com.

Section 6: Final Clauses

1. Changes to Terms

  • Updates: We may modify these Terms from time to time.

  • Notification: Changes will be posted within the App, and the "Last Updated" date will be revised.

  • Acceptance of Changes: Continued use of the App after changes indicates your acceptance of the new Terms.

2. Contact Information

For questions or concerns regarding these Terms, please contact us:

3. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

4. Entire Agreement

These Terms constitute the entire agreement between you and PHOTTR s.r.o. regarding the use of the App.

Acceptance of Terms

By clicking "I Agree" or by accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Thank you for choosing PHOTTR!