Terms of Service

1. Agreement to Terms

By downloading, installing, or using PhotoFlick ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a binding agreement between you and CoreEngineX ("we," "us," or "our"), a company located in Halifax, Nova Scotia, Canada.

2. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent that you are at least 13 years old. The App is not designed for, directed to, or intended for use by children under 13.

If you are under the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

3. Description of the Service

PhotoFlick is a photo decluttering tool for iOS. The App allows you to:

• Browse albums in your device's photo library.
• Review photos by swiping to mark them for deletion or to keep them.
• Review marked photos before confirming deletion.
• Delete marked photos by moving them to the iOS system trash, where they remain recoverable for approximately 30 days through the Photos app.

The App operates entirely on your device. Your photos are never uploaded, transmitted, or stored on any external server. The App accesses your photo library through Apple's PhotoKit framework and does not make any network calls to process your photos.

4. Account Registration

PhotoFlick does not require an account. There is no sign-up, login, email collection, or authentication of any kind. You use the App immediately after granting photo library access.

5. Subscriptions and Payments

6. Photo Library Access

7. Local Data Storage

The App stores a small amount of data locally on your device to support session management:

• Session records: Which album you are reviewing and your progress within it.
• Decision records: Which photos you have marked as "keep" or "delete" during a session.
• Preference settings: Your filter configuration preferences (e.g., which album categories to display).

This data is stored in a local database on your device. It is never transmitted externally. You can clear all stored decision data through the App's Settings screen.

8. User Conduct

You agree not to:

• Use the App for any purpose that violates applicable law.
• Attempt to reverse engineer, decompile, disassemble, or otherwise extract the source code of the App, except to the extent that such restriction is expressly prohibited by applicable law.
• Attempt to circumvent any security or access-control mechanisms of the App.
• Use the App in any manner that could damage, disable, or impair its operation.

9. Intellectual Property

10. Third-Party Services

11. Disclaimers

12. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall CoreEngineX, its officers, directors, employees, or agents be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of data, photos, or content, including the accidental or unintended deletion of photos.
• Any damages arising from your use of or inability to use the App.

Where liability cannot be fully excluded under applicable law, our total aggregate liability to you for all claims arising from or related to the App shall not exceed the amount you paid to us (if any) for the App or any subscription in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be lawfully excluded or limited, including liability for fraud or gross negligence where applicable law does not permit such exclusion.

13. Indemnification

You agree to indemnify, defend, and hold harmless CoreEngineX and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the App in violation of these Terms.
• Your violation of any applicable law or regulation.
• Any dispute between you and a third party relating to your use of the App.

14. Termination

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Before initiating any formal legal proceeding, you agree to first contact us at legal@photoflick.app to attempt to resolve the dispute informally. We will make reasonable efforts to resolve any dispute within thirty (30) days of receiving your notice.

If informal resolution is unsuccessful, any legal action or proceeding shall be brought exclusively in the courts located in Halifax, Nova Scotia, Canada, and you consent to the jurisdiction of such courts, subject to any mandatory consumer-protection forum rules in your jurisdiction that cannot be waived.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the App or by other reasonable means. Your continued use of the App after such changes take effect constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you should stop using the App.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CoreEngineX regarding the App and supersede any prior agreements or understandings.