App Terms of Service

2. Acceptance of these Terms

By downloading, installing, opening, or using the App, you agree to be bound by these Terms. If you do not agree, do not install or use the App. If you are entering into these Terms on behalf of another person, you represent that you have authority to do so.

3. The App

The Photo Transfer App lets you move photos and videos between your own devices over your local Wi-Fi network and to or from cloud storage providers you choose to connect. The App is distributed for iPhone and iPad through the Apple App Store, for Mac through the Mac App Store, for Android through Google Play, and for Windows through the Microsoft Store. Features vary by platform; the current feature set of each version is described on phototransferapp.com.

4. Eligibility

You must be at least 13 years old to use the App, or 16 years old if you are resident in the European Economic Area, the United Kingdom, or another jurisdiction that sets a higher minimum age for consent to information-society services. If you are a minor, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

5. Licence to use the App

Subject to these Terms and to the platform rules that apply where you download the App, Mobileware grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the App on devices that you own or control, for your own personal, non-commercial use. This licence does not transfer to you any title or intellectual property right in the App.

You agree that you will not, and will not allow any third party to:

• Copy, modify, adapt, translate, or create derivative works of the App, except as permitted by mandatory law.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the limited extent permitted by Articles 5 and 6 of Directive 2009/24/EC or equivalent local law.
• Rent, lease, lend, sell, redistribute, or sublicense the App.
• Remove, obscure, or alter any notice, label, or mark contained in the App.
• Use the App to build a competing product or service.
• Circumvent any security, authentication, rate-limiting, or digital rights management mechanism used by the App or the platform that distributes it.

6. Purchases, subscriptions, and renewals

The App is free to download. Certain features ("PRO" features) require a paid subscription, and on some platforms a lifetime (one-time) purchase is also offered. Subscription plans may include monthly, annual, or other durations; the exact plans, prices, free-trial eligibility, and features are shown in the App before you buy.

Billing and payment. All purchases are processed by the platform where you downloaded the App (Apple, Google, or Microsoft). Mobileware does not receive or store your payment details. Prices include VAT where applicable; the platform calculates and displays the final price before purchase.

Auto-renewal. Subscriptions renew automatically at the end of each billing cycle at the then-current price, unless you cancel at least 24 hours before the end of the current period. The renewal charge is billed by the platform. Prices may change; we will give you advance notice and an opportunity to cancel before a price change takes effect, as required by applicable law.

Cancellation. You can cancel at any time in the subscription management section of the platform you used to buy:

• iOS / iPadOS / Mac: Settings → [your name] → Subscriptions, or apps.apple.com/account/subscriptions.
• Android: Google Play app → profile icon → Payments & subscriptions → Subscriptions.
• Windows: Microsoft Store account at account.microsoft.com/services.

Cancellation stops the next renewal. You keep access to PRO features until the end of the period you already paid for. Uninstalling the App does not cancel your subscription.

Restoring purchases. If you reinstall the App or sign in on another device, use the "Restore Purchases" function on the paywall to synchronise your entitlement through RevenueCat.

7. Right of withdrawal and refunds

EU and EEA consumers. Under Article 9 of Directive 2011/83/EU (the Consumer Rights Directive) as implemented by Royal Legislative Decree 1/2007 in Spain, you have a right to withdraw from a distance purchase within 14 days without giving any reason. Because the App delivers digital content immediately, you expressly acknowledge and consent — by completing the purchase after being told about this consequence — that performance begins immediately upon purchase and that you therefore lose your right of withdrawal once the digital content has been fully supplied and you have expressly consented to that (Article 16(m) Directive 2011/83/EU).

Refund requests. Even without a statutory right of withdrawal, Apple, Google, and Microsoft operate their own refund programmes. To request a refund, please contact the relevant platform directly:

• Apple (iOS / iPadOS / Mac): reportaproblem.apple.com.
• Google Play (Android): support.google.com/googleplay.
• Microsoft Store (Windows): support.microsoft.com — request a refund.

If a platform instructs Mobileware to issue a refund, we will honour it. Your statutory rights as a consumer remain unaffected.

8. Transfers and user content

The App transfers your photos and videos either peer-to-peer over your local Wi-Fi network or directly to or from the cloud provider you have connected. Mobileware has no access to the content of your transfers at any stage and does not copy, store, or proxy that content through its own servers.

Earlier versions of the App included a "Send to Someone" feature that relied on a temporary cloud relay. That feature has been discontinued and is no longer part of the App.

You keep all rights in the photos, videos, and metadata you transfer. You are solely responsible for the legality of the content you handle with the App and for having the rights or permissions needed to transfer and store it.

9. Third-party cloud services

When you connect the App to Google Drive, Dropbox, OneDrive, Flickr, or any other third-party service, your use of that service is governed by the service provider's own terms and privacy policy. Mobileware is not a party to your contract with any such provider and is not responsible for their acts or omissions. You are responsible for maintaining the security of the credentials you use to authenticate with them.

10. Acceptable use

You agree not to use the App:

• In any way that breaches any applicable local, national, or international law or regulation.
• To transmit content that is unlawful, infringing, defamatory, obscene, sexually exploitative of minors, or otherwise harmful.
• To transmit malware, spyware, or any other malicious code.
• To transmit unsolicited bulk content ("spam").
• To violate the intellectual property, privacy, or publicity rights of any person.
• To probe, scan, or test the vulnerability of any system or to breach security or authentication measures.
• To interfere with the proper functioning of the App or any network or service used to provide it.

11. Intellectual property

The App, its source code, all user-interface elements, icons, graphics, the "Photo Transfer App" name, logos, and related marketing materials are owned by Mobileware Studio, S.L. or licensed to it, and are protected by copyright, trademark, and other intellectual-property laws. Except for the licence in section 5, these Terms do not grant you any right, title, or interest in the App or any Mobileware trademark.

The App includes open-source and third-party components, each of which is distributed under its own licence. The applicable notices are available inside the App and, where required by the relevant licence, upon written request.

12. Privacy

How we process personal data in connection with the App is described in the Application Privacy Policy, which is incorporated into these Terms by reference.

13. Updates and changes to the App

We may, at any time and without liability to you, release updates, patches, bug fixes, and new versions of the App. Some updates are required to keep the App working correctly, to address security issues, or to comply with law; the platform may install them automatically. We may also add, modify, or discontinue features. Where required by law (for example, Article 19 of Directive 2019/770 on digital content), we will give you reasonable prior notice of any change that materially and negatively affects access to or use of digital content you paid for, and you will have the right to terminate the contract if the change is not of minor importance.

14. Warranty and statutory rights

To the fullest extent permitted by applicable law, the App is provided "as is" and "as available", without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Mobileware does not warrant that the App will be uninterrupted, timely, secure, or error-free, or that every transfer will succeed, or that the App will be compatible with every device, operating-system version, or network configuration.

Nothing in these Terms excludes or limits any statutory right that consumers have under mandatory law, including the rights to conformity of digital content and digital services under Directive 2019/770 and Article 115 et seq. of Royal Legislative Decree 1/2007 (Spain), or equivalent consumer-protection statutes in your country of residence. If the App does not conform to the contract, you have the legal remedies set out in those provisions (right to have the App brought into conformity, proportionate price reduction, or termination, on the conditions and within the periods set by law).

15. Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot be excluded or limited by applicable law. For consumers, your statutory rights are not affected.

Subject to the previous paragraph, to the maximum extent permitted by law:

• We are not liable for loss of, damage to, or unauthorised access to any photos, videos, or data transferred through or stored by third parties in connection with your use of the App.
• We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if we have been advised of the possibility of such damages.
• Our aggregate liability arising out of or relating to the App and these Terms is limited to the amount you actually paid to the platform for the App in the 12 months preceding the event giving rise to liability. If the App was free, our aggregate liability is limited to EUR 50 (fifty euros).

16. Indemnity

To the extent permitted by applicable law and other than where you are acting as a consumer, you agree to indemnify and hold harmless Mobileware, its affiliates, and their respective officers, employees, and agents from and against any claim, loss, liability, damage, and expense (including reasonable legal fees) arising out of or relating to your breach of these Terms, your misuse of the App, or your infringement of any third-party right.

17. Termination

You may stop using the App at any time. We may suspend or terminate your licence to use the App if you materially breach these Terms or if we are required to do so by law. Termination does not affect your entitlement to features you have already paid for, which continues for the period purchased. Sections that by their nature should survive termination (including sections 11, 14, 15, 16, 19, and 21) survive.

18. Platform-specific terms

If you obtained the App through the Apple App Store, you also agree to Apple's Licensed Application End User License Agreement (apple.com/legal — standard EULA). In the event of a conflict between that EULA and these Terms, these Terms prevail, except where the EULA imposes stricter requirements. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App, and that Apple is a third-party beneficiary of these Terms and has the right to enforce them against you.

If you obtained the App through Google Play or the Microsoft Store, Google's or Microsoft's own terms of service apply to your acquisition of the App and to the associated billing relationship.

19. Governing law and jurisdiction

These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them, are governed by the laws of the Kingdom of Spain, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you are acting as a consumer, any mandatory consumer-protection provisions in force in your country of habitual residence also apply, and you may bring proceedings in the courts of that country. If you are not acting as a consumer, you and Mobileware submit to the exclusive jurisdiction of the courts of Madrid, Spain.

20. EU online dispute resolution

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. We are not currently obliged to use, and do not participate in, any alternative dispute resolution scheme before a consumer arbitration body. You may contact us at support@phototransferapp.com to raise any complaint directly.

21. Miscellaneous

• Entire agreement. These Terms and the documents referred to in them are the entire agreement between you and Mobileware regarding the App and supersede any prior terms.
• Severability. If a court finds any part of these Terms to be unenforceable, the remainder remains in full force.
• No waiver. Our failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign or transfer these Terms. Mobileware may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets, provided your rights are not reduced.
• Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.
• Export control. You confirm that you are not located in a country subject to a comprehensive EU or US embargo and that you are not listed on any EU or US restricted-party list.
• Language. These Terms are published in English. In case of translation, the English version prevails.

22. Changes to these Terms

We may update these Terms to reflect changes in the App, in our business, or in applicable law. The "Effective" date at the top of the page indicates the current version. For material changes that affect your rights or obligations we will give you reasonable advance notice in the App or by another appropriate means; where required by law, your continued use of the App after the notice period constitutes acceptance of the updated Terms, and you may terminate the contract free of charge if you do not agree.

23. Contact

Support and general enquiries: support@phototransferapp.com. Corporate and legal matters: info@mobilewarestudio.com. Postal address: see section 1.

© Mobileware Studio, S.L. All rights reserved.