1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Tony Pham ("we," "us," or "our") governing your use of the Magic Photo Cleaner mobile application (the "App"). By accessing or using the App you confirm that you are at least 13 years of age, that you have read and understood these Terms, and that you agree to be bound by them.
2. Description of the App
Magic Photo Cleaner is an iOS application that helps you manage your photo and video library by identifying duplicate files, near-duplicates, and similar media stored on your device. The App facilitates the review and deletion of unwanted media to free up storage space. All processing occurs entirely on your device.
3. License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial purposes on Apple-branded devices you own or control, in accordance with the Apple App Store Terms of Service.
You may not:
- Copy, modify, or distribute the App or any part of it
- Reverse engineer, decompile, or attempt to extract the source code
- Rent, lease, lend, sell, or sublicense the App
- Use the App for any commercial purpose without our express written consent
- Remove or alter any proprietary notices or labels on the App
4. User Responsibilities & Irreversible Actions
The App provides tools to help you identify and delete photos and videos. Deletion of media is permanent and cannot be undone by us. You are solely responsible for:
- Reviewing the App's suggestions before confirming any deletion
- Maintaining your own backups of any media you wish to keep (e.g., via iCloud, a computer, or external storage)
- Any loss of photos or videos resulting from your use of the App's deletion features
We strongly recommend enabling iCloud Photos or creating a full device backup before using bulk-deletion features.
5. Intellectual Property
The App, including all software, design, graphics, and content within it (excluding your personal photos and videos), is owned by Tony Pham and protected by applicable intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.
6. Privacy
Your use of the App is also governed by our Privacy Policy, which is incorporated into these Terms by reference. In summary, all photo analysis is performed on-device and no personal data or media is transmitted to us.
7. Disclaimer of Warranties
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
IN PARTICULAR, WE MAKE NO WARRANTY THAT THE APP'S DUPLICATE DETECTION OR SIMILARITY ALGORITHMS ARE PERFECT OR WILL CORRECTLY IDENTIFY ALL DUPLICATES OR PRESERVE ALL UNIQUE PHOTOS. YOU ASSUME FULL RESPONSIBILITY FOR REVIEWING RESULTS BEFORE DELETION.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL [YOUR NAME / COMPANY NAME] BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PHOTOS OR VIDEOS, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $5.00 USD, WHICHEVER IS GREATER.
9. Indemnification
You agree to indemnify, defend, and hold harmless Tony Pham and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the App or your violation of these Terms.
10. Third-Party Services
The App is distributed through the Apple App Store and is subject to Apple's terms. Apple is not a party to these Terms and has no obligation to provide maintenance or support for the App. Any claims relating to the App must be directed to us, not Apple.
11. Termination
We reserve the right to modify or discontinue the App at any time without notice. Your rights under these Terms automatically terminate if you fail to comply with any provision. Upon termination, you must cease all use of the App and delete it from your devices.
12. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App will be resolved exclusively in the courts located in the State of Washington, and you consent to personal jurisdiction in those courts.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of the App after changes constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.
14. Contact Us
If you have any questions about these Terms, please contact:
Tony Pham
ptony90@gmail.com