Effectiveness date: January, 2024

General

These Terms of Use (the “Terms”) govern the use of the Application Photo UP! (hereinafter, “the App”), and any other related contract of legal relationship entered into with the Owner in a legally binding manner. Users must read this document carefully.

This App is offered by MAETCH EXPANSION, S.L., a private company with TAX ID number B04963823, and its registered office at Calle Travessera de Gràcia 56, 3rd floor, 1st door (08006, Barcelona) and contact email: info@photo-up.app (hereinafter, “the/our Company”, “the Owner”, “we”, “us”, “our”). The Company is the only owner and sole operator. Please note that the App is not affiliated with any other platforms or third parties.

The download and/or use of the App attributes the status of User to the person accessing the App and implies full acceptance of the present Terms (hereinafter “the User”, “you”, “your”). Therefore, if you do not agree with these Terms, please stop using the App and delete it from your device.

The Company reserves the right to update, without prior notice, these Terms, in accordance with new legislative and/or jurisprudential requirements and/or business needs or interests, at any time and without prior notice to the User. The User shall be automatically bound to the new Terms at the time they are published on the App. Therefore, we recommend the User to review them periodically.

The Company reserves the right to block or suspend the access of a User to the App in the event of breach of these Terms.

The nullity, in whole or in part, of any provision of these Terms by any court decision shall not affect the validity of the remaining provisions.

For any doubt or question related to these Terms, please contact us by email: info@photo-up.app.

About the App’s Functionalities 

Photo Up! offers to Users an easy-to-use application which helps users to edit and manage their pictures and images, offering the possibility to enhance them and giving them a professional and personalized appearance. Users can, among other features, import photos from various sources, adjust exposure, contrast and saturation, and personalize them by choosing from our extensive selection of artistic filters and stunning virtual effects, fonts, stickers and styles, all from their electronic devices (the “Services''). 

Once you have created your work, Users may export it on their device and/or share it on their preferred social network. Please note that non-subscribed users may experience format limitations during export.

Please be aware: the Company reserves the right to update features and/or functionalities of the App at any time. Please refer to the "Availability, Continuity, and Updates" section of these Terms.

Access and Use of the App

- The app is available for iPhone 7 or later and requires iOS 15 or later.

- The App is for adult Users according to the laws and regulations of their country of birth or residence.

To enjoy the App’s Service:

- Internet connection is not mandatory to use the application, but it will be mandatory to purchase a subscription.

- No login is necessary. 

- The App may require access to your camera roll and to your camera to have access to certain functionalities. 

- In order to enjoy all the functionalities offered by the App, including the possibility of exporting the creations without the watermark, it is necessary for the User to subscribe to one of the available subscription plans offered.

The download and/or access to the App is free of charge, but to use certain functionalities, which are premium services, the User must choose and pay according to one of the options offered. Please refer to the “Subscription plans, price, and payment ” section of these Terms. 

Availability, continuity and updates 

- We put our best efforts into making sure that the App works as best as possible and that it is available to the User at all times. However, we cannot guarantee that the use of the App will not be interrupted by maintenance, delays, errors, or omissions due to external reasons beyond our reasonable control.

- We do not guarantee that the App will be available worldwide. We may limit the availability of the App and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.

- We may add, modify or eliminate features and/or functionalities at any time. In any case, the User will be notified about the changes through the same App.

- If a new version of the App is launched, we may ask the User to update the App. Failure to download the new versions of the App may have an impact on the functionality and performance of the App’s Services, as you might not have access to the latest features, updates, improvements and bug fixes and further development of this App and/or related software and you might experience issues or limitations with the App’s Services. For this reason it is highly recommended to regularly check for and install any available updates to ensure a seamless and optimal experience with the App. By downloading and using the new version of the App, the User clearly states they have read, understood, and accepted the updated Terms.

Code of conduct

Any unauthorized use of the App and/or the Services are expressly prohibited. The User/Customer agrees to use the App in accordance with applicable laws and the provisions described herein (including but not limited to):

- Not to impersonate another individual. The User can only include personal data corresponding to their own identity and that are adequate, pertinent, updated, exact and true.

- Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of third parties by using the App’s Service.

- Not to use the Service or any information in the App to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes (including but not limited to hacking, identity theft, distribution of illegal content, any fraudulent behavior, spreading false information, scams, or schemes to gain unauthorized access to personal or sensitive data).

- Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App.

- Not to interfere or disrupt networks connected to the App services, including but not limited to inserting and/or executing expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code, not to reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App.

- Not to transfer the license granted to download, access and use the App and/or any of User’s rights or obligations under these Terms without the express written consent of the Company.

- Not to breach the Company’s intellectual property rights, including but not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of the App, without prior written authorisation from the Company. 

The Company reserves the right to block or eliminate the User's access to the App for the aforementioned actions, as well as any other that is contrary to good faith or that harms the rights of third parties, or that infringe the laws and regulations applicable to the App and/or the Company, without stating the reasons behind its decision.

Please refer to the "Exemption of Liability" section of these Terms for further information regarding the Company’s responsibilities.

Subscription to Premium Plans and payment  

Users can use the App without being charged with a fee nor implying any cost. However, Users have the option to use paid features and/or functionalities that the App offers, which are known as “premium services”. If the Users decide to use them, a pop up will be displayed showing them a breakdown containing the available subscription plans, applicable conditions, and price, before accessing to the checkout payment page and before confirming said payment. 

Please note that, the above mentioned pop up may appear as well on a few more several occasions, as when the User accesses the App for the first time, or when they click the pro banner placed in different sections of the App, or when trying to export their content, which has been created by means of payable features.

- There’s no trial period for any type of subscription. 

- The selected subscription plan and its price will also be shown in the checkout page before confirming the payment. The subscription plans will be charged to the debit/credit card associated with the Apple user account. The User can see their invoices there.

- Each User’s country may have its particular fees.

- If you detect an error in the charges for the costs of the App’s Service, you must directly contact Apple.

By subscribing to a plan, the User authorizes the charge (weekly, month or yearly, as available) of the plan’s price in advance of each subscription period. If the Company encounters difficulties in collecting any of the payments from you, the Company reserves the right to either interrupt the User’s use of the App or block the User’s access to the App without previous notice. Therefore, we recommend that you keep your payment details up to date at all times.

The App’s price may be updated from time to time. Price changes will be effective when published on the App along with the features offered. However, a price change will not be applied retroactively and will not affect those Users who had already contracted a plan prior to the plan update.

Remarks:

- Users who wish to cancel the Services must do so expressly, in order to avoid being charged recurrences, and must do so directly with Apple. Please note that the App does not offer a cancellation option for Services and, in order to cancel the subscription, Users/Customers must go to the settings of their Apple account and cancel before the next subscription period begins. 

Refund Policy 

Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the Customer, you acknowledge that the Service offered by our Company is final and non-refundable. Therefore, no refund will be made by our Company for discontinuation of the use of the Service to which the User had subscribed to.

It is Apple’s sole responsibility to manage the User’s refund requests, as they are the only ones in charge to approve or deny them. Moreover, they will be the ones who will establish the period of time in which the Customer will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.apple.com/en-us/HT204084.

Technical Means for Correcting Errors

If the User/Customer detects an error regarding their personal data, payment information and/or any other information provided by them is not exact, correct or completed, they must amend it by accessing their Apple user account directly. 

Software License and Company’s Intellectual Property Rights 

The rights over the totality of the elements contained within this App, including but not limited to, all source code, databases, functionality, software, website designs, audio, video, texts, articles, descriptions, images, photographs and graphics, sounds, videos, trademarks, service marks, brands, logos, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization  (the “Intellectual Property Rights” and/or the “Industrial Property Rights”) are the property of the Company and/or the Company’s licensors with whom we have submitted the corresponding licenses, as well as any other exclusive rights to the software or technical applications embedded in or related to this App that are owned by the Owner and/or its licensors. This is made explicit via the copyright notice in the App. The download and use of the App does not under any circumstance transfer the Company’s Intellectual Property rights to the User. Note that the Company reserves all Intellectual Property rights that are not expressly indicated in these Terms under current applicable laws and regulations.

Subject to Users' compliance with any provision of these Terms to the contrary and without prejudice to such provision, the Company only grants Users a worldwide, limited, revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means integrated in the App within the scope and for the purposes of the Services offered. Please note that all rights granted by the license to the Users shall terminate immediately upon termination or expiration of the Services.

This license does not grant Users any right of access, use or disclosure of the original source code. All techniques, algorithms and procedures contained in the software and any documentation relating thereto are the exclusive property of the Company or its licensors. In particular, the license does not give the User the right to the following activities (the “Prohibited Activities”):

- Copy, reproduce, aggregate, republish, upload, post, distribute, publicly communicate or display, encode, translate, transmit, distribute, sell, license, transform or, in general, make use or exploit any of the protected elements of this App for commercial purposes or not, without the Company’s prior written consent. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

- Use of the features and functionalities offered by the App for other purposes other than those set out in these Terms.

- Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.

- Transmit any material that may infringe the Intellectual Property rights of third parties.

- Send unsolicited information and/or advertisements through the App.

Notwithstanding the foregoing, under this license, Users may download, install, use and run the software on the number of devices permitted, provided that such devices are customary and up-to-date in terms of their technology and market standards.

The Company reserves the right to take all legal actions at our disposal if our Intellectual Property Rights and/or our Industrial Property Rights are infringed, including compensation for direct and indirect damages.

Your submissions

Please review this section and the Prohibited Activities carefully before using the App and/or the Services in order to understand the rights and obligations that apply to you when you upload any content through the Services.

The Company cannot ensure reviewing the content of the images you submit through the App. You are solely responsible for ensuring that the content complies with all applicable laws, regulations and professional standards. 

When using the App and the Service, the User/Customer agrees to not transmit any information and/or documents that (by way of example but not limited to):

- Are illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

- Constitute sensitive information (according to HIPAA, GDPR and/or other regulations on data protection).

- Constitute confidential information

- Are copyrighted material.

The User/Customer is solely responsible for the content transmitted. The Company will not be held responsible for unauthorized use of the Service in accordance with these Terms, especially, “Access and Use of the App”, "Code of Conduct" and "Your submissions" sections and/or legal breach by the User/Customer.

Limitation of Liability 

Outside sources are not under our control, and they may have different terms of use and policies. The Company and the App are not responsible for the availability and content of the Outside Sources.

To the maximum extent permitted by the applicable law, the Company shall not be liable for any direct or indirect, incidental, special, or consequential damages arising from the use or inability to use the App.

The App and the Services are provided on an “AS IS'' basis without any warranties, either expressly or implied in connection with the Service and your use thereof, including but not limited to, guarantees of fitness for a particular purpose; no warranties or representations about the accuracy or completeness of the Service’s content or the content of any websites or applications linked to the Services and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials and, consequently, the download and/or use of the App is at the User’s own risk and responsibility.

Modifications and interruptions

The Company reserves the right to change, modify or remove the contents of the App at any time for any reason at its sole discretion, without notice. The Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Services.

The Company makes its best efforts to ensure the availability and safe usage of the App. However, the download and use of the App may be promptly interrupted by maintenance tasks and/or the upload of updates of its features and/or functionalities. Also, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for reasons beyond our control, as well as for possible damages that may be caused by third parties through illegitimate intrusion beyond our control. Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App and/or any damage resulting from your access to and use of the Services, including any unauthorized access to or use of our secure servers or any errors in any content and materials as a result of the use of any content posted if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Use of the License

Likewise, the Company will not assume any responsibility when/if/for:

- The content of the submissions/creations from the User.

- Recovering such images in case of loss or erasure by the User.

- The use of the App for professional purposes, in which case, the User shall be solely responsible for the content and accuracy of the content sent.

- The User has caused damage, direct and/or indirect, to third parties by using the personal data of another person, or their own personal data when they are false, erroneous, outdated, inadequate or irrelevant.

- The User is a minor according to the laws and regulations of their birth or residence country and they have downloaded and accessed the App. It is the responsibility of their  parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

- The User has provided and/or communicated through the App personal data of third parties without having their prior written consent to do so. The User is the sole responsible for obtaining the  consent of said third party/ies and for the disclosing of the above mentioned information. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.

- The Company does not assume any responsibility to ensure that your submissions comply with all applicable copyright laws and regulations, for which the User shall be solely responsible, including but not limited to:

- The User shares through the App images that are not of their ownership and/or copyright, but belong to third parties, protected by the corresponding intellectual property rights, or that include third parties personal data and/or information and for which the user has not their authorization to use.

- The User transmits through the App information and/or documents of a company of which it is not its legal representative or person authorized to carry out the transmission.

- The User transmits Confidential Information which cannot be disclosed.

- The content that could be provided by third parties through our App, such as links which can redirect users to third parties websites or advertisements, as they are governed by the corresponding third parties privacy policies.

- The inaccuracy or misstatement of the images transferred through the App. 

- The User shares images uploaded to the App by means of whatever type of communication channel, cloud service or social media with third parties, when the App has sharing functionalities.

- The misuse or malfunction of the User’s devices used to access the App, as it is the User’s responsibility to ensure the proper functioning and security of their devices.

- The correct functioning of the App at the time of usage for circumstances beyond the Company’s control.

- The User breaches their commitments and/or any other provision set out in these Terms.

Term and termination

These legal terms shall remain in full force and effect while you use the Service. The Company reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the services (including blocking certain users ID and/or IP addresses), to any person for any reason, including without limitation breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation. 

Withdrawal right

In accordance with the applicable laws and regulations, the User/Customer acknowledges that the right of withdrawal does not apply because, as the App is a product of a digital nature, it is considered automatically consumed by the User/Customer at the time of download and purchase of the subscription plan.

Confidentiality and data privacy

We care about your privacy and security, and we want to ensure that you understand and agree to our Privacy Policy. 

By using this App, you acknowledge and consent to the collection and processing of your personal data for the purpose of providing the Services offered according to the content of these Terms. The Company guarantees that it has adopted all the necessary technical and organizational measures to protect the Data according to the Regulation (EU) 2016/679 (General Data Protection Regulation) and the applicable laws in force, and it will be kept only during the contractual relationship, and once it is finished, they will be deleted unless there is a legal reason to continue keeping them. 

Likewise, the Customer/User can exercise their data protection rights, these being the right of access, rectification, deletion, restriction of processing , data portability and opposition by means of a written request to the Company by writing an email to info@photo-up.app. In case of discrepancy, you can file a claim with the competent control authority.

Applicable law and jurisdiction

These Terms shall be governed by and construed in accordance with the currently applicable Spanish laws and regulations. Any action arising out of or relating to these Terms shall be filed only in Courts located in Barcelona - Spain and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of any dispute, action or proceeding.

The non-exercise by the Company of any right provided or derived from these Terms shall not be construed under any circumstances as a waiver of those rights. The Company shall only waive its rights expressly and in writing, or by the statute of limitations, in accordance with the currently applicable law.