Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Denison Systems, a sole proprietor located in California, USA ("we", "us"), governing your access to and use of the Civil Field Photos mobile application (the "App") and the website where you are reading these Terms (the "Website"). By installing, accessing, or using the App or Website, you agree to these Terms. If you do not agree, do not install or use the App.

Eligibility

You must be at least 16 years old to use the App. By using the App, you represent that you meet this age requirement and that you have the legal capacity to enter into these Terms.

License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on devices you own or control, for your personal use or your internal business use. The App is licensed, not sold, to you. We retain all right, title, and interest in and to the App (including all intellectual property rights), other than the limited license granted in these Terms.

App Store and Google Play terms

Your use of the App is also subject to the terms of the platform from which you obtained it — the Apple Media Services Terms and Conditions if obtained from the Apple App Store, or the Google Play Terms of Service if obtained from Google Play. Where those platform terms conflict with these Terms with respect to App Store / Google Play distribution, the platform terms control.

Additional terms applicable to App Store users

The following terms apply only to users who obtained the App from the Apple App Store, and are required by Apple Inc. ("Apple"):

• These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content.
• The license granted in these Terms is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions.
• We, not Apple, are responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish maintenance and support services in connection with 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) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. We, not Apple, are responsible for addressing any claims relating to the App or your use of it that are not addressed by an Apple refund.
• We, not Apple, are responsible for addressing any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, 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.

Subscriptions and payments

The App offers optional auto-renewing subscriptions that unlock additional features. Pricing, the duration of each subscription period, and the features included are shown in the App at the time of purchase.

• Subscriptions are billed through your Apple ID or Google Play account at the price and billing interval shown at purchase.
• Payment is charged to your account at confirmation of purchase.
• Subscriptions automatically renew at the end of each billing period at the then-current rate unless you cancel at least 24 hours before the end of the current period.
• You can manage and cancel subscriptions at any time from your device's App Store or Google Play account settings. Cancellation takes effect at the end of the current billing period; access to paid features continues until that date.
• Refunds for App Store and Google Play purchases are handled by Apple and Google respectively, in accordance with their published policies. Please contact Apple or Google for refund requests.
• If we change the price of an existing subscription, we will notify you in advance and obtain your renewed consent before the new price takes effect, as required by Apple and Google policies.

EU and UK consumer right of withdrawal

If you are a consumer located in the European Union, European Economic Area, or United Kingdom, you have a statutory right to withdraw from a digital-content purchase within 14 days of purchase, unless you expressly waived that right when starting to download or use the digital content. Refunds within this withdrawal window are processed through the Apple App Store or Google Play under their respective policies.

Your content

Photos, projects, annotations, and other content you create with the App belong to you. Because the App stores this content on your device rather than on our servers, you are solely responsible for backing up anything you cannot afford to lose. We are not responsible for content lost due to device failure, uninstallation, operating-system actions, or any other cause.

Acceptable use

You agree not to use the App or Website to:

• Violate any applicable law, regulation, or third-party right.
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App, except to the extent that applicable law permits despite this restriction.
• Resell, sublicense, lease, rent, or redistribute the App or any portion of it.
• Remove, obscure, or alter any proprietary notices contained in or displayed by the App.
• Use the App in any way that could damage, disable, overburden, or impair our systems or those of any third-party service provider.

User warranty regarding photos

You represent and warrant that, for each photo you capture, import, annotate, store, or share using the App, you have all rights, permissions, and consents necessary to do so under applicable law, including (where required) the consent of any individuals depicted and the authorization of any property owner. You are solely responsible for compliance with all applicable wiretap, audio- and video-recording, privacy, two-party-consent, trespass, and export-controlled-imagery laws. The App does not vet, verify, or review your photos.

Third-party services

The App relies on services provided by Apple, Google, and RevenueCat, Inc. for distribution, billing, and subscription processing. Your use of those services is governed by their own terms and privacy notices. We are not responsible for the acts or omissions of those third parties.

Disclaimers

THE APP AND THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

WE DO NOT WARRANT THAT GPS COORDINATES, COMPASS HEADINGS, ALTITUDE READINGS, REVERSE-GEOCODED ADDRESSES, TIMESTAMPS, OR OTHER METADATA CAPTURED OR DISPLAYED BY THE APP ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE, INCLUDING ANY LEGAL, REGULATORY, ENGINEERING, SURVEYING, OR EVIDENTIARY USE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY FIELD DATA CAPTURED WITH THE APP BEFORE RELYING ON IT.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) FIFTY U.S. DOLLARS.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be excluded or limited under applicable law. If you are a consumer in a jurisdiction that does not permit the disclaimers or limitations above (including jurisdictions in the EU, EEA, and UK), those provisions apply only to the maximum extent permitted by your local law and do not affect your statutory rights.

Indemnification

You agree to defend, indemnify, and hold harmless Denison Systems from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use or misuse of the App or Website, (b) your breach of these Terms, (c) the photos or other content you capture, store, share, or export using the App, or (d) your violation of any applicable law or third-party right.

Termination

These Terms remain in effect until terminated. You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to the App or Website at any time if you violate these Terms or if we discontinue the App. Provisions that by their nature should survive termination (including disclaimers, limitations of liability, indemnification, and governing law) will survive.

Changes to these Terms

We may revise these Terms from time to time. For material changes, we will provide reasonable advance notice — typically at least 30 days — through an in-App notice, an update to this page, or both, before the changes take effect. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.

Governing law and venue

These Terms are governed by the laws of the State of California, U.S.A., without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute arising out of or relating to these Terms or the App that is not subject to mandatory consumer protection law in your jurisdiction will be brought exclusively in the state or federal courts located in California, and you consent to personal jurisdiction in those courts. Nothing in this section deprives a consumer of the protection afforded by the mandatory law of the consumer's country of residence.

Export controls and sanctions

You may not access, use, or export the App in violation of U.S. export laws and regulations or those of any other applicable jurisdiction. You represent that you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

U.S. federal government users

If you are an agency or instrumentality of the U.S. federal government, the App and any related documentation are "commercial computer software" and "commercial computer software documentation" under FAR 12.212 and DFARS 227.7202, and are licensed to the U.S. Government as commercial items with only those rights granted to all other end users under these Terms.

General

Entire agreement. These Terms, together with our Privacy Policy and any other documents we expressly incorporate by reference, constitute the entire agreement between you and us concerning the App and supersede any prior or contemporaneous understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or any of your rights under them without our prior written consent. We may assign these Terms to any successor in interest of our business.

Headings. Section headings are for convenience only and do not affect interpretation.

Contact

Questions about these Terms can be sent to support@civilfieldphotos.com.