Terms of service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Aftercull ("we," "us," or "our") governing your access to and use of the Aftercull macOS application ("App"), the Aftercull website at aftercull.app ("Site"), and all related services (collectively, "Services").

By downloading, installing, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Services.

You represent that you are at least 16 years of age and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2.1 License. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices you own or control, solely for your personal or internal business purposes.

2.2 Restrictions. You may not: (a) copy, modify, adapt, translate, or create derivative works of the App; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights therein; (d) remove, alter, or obscure any proprietary notices, labels, or marks; (e) use the App to develop a competing product or service; or (f) use the App for any unlawful purpose.

2.3 Device limits. Licenses are subject to the device activation limits specified in your plan. Exceeding these limits may result in deactivation of the App on one or more devices.

2.4 Reservation of rights. All rights not expressly granted herein are reserved by us. The App and all related materials are protected by copyright, trade secret, patent, and other intellectual property laws.

3.1 File system permissions. The App requires access to files and directories on your local file system to perform its core functions, including reading, organizing, moving, renaming, copying, and deleting image files and associated metadata. You grant this access through macOS permission dialogs and file-picker selections.

3.2 User-directed operations. All file operations performed by the App are initiated and directed by you. The App acts on your instructions when culling, moving, deleting, or otherwise modifying files. You acknowledge that these operations may be irreversible, particularly file deletions.

3.3 You are solely responsible for your data. You are entirely responsible for: (a) maintaining adequate backups of all files, photographs, and data before and during use of the App; (b) verifying file operations before confirming them; (c) ensuring that files selected for deletion, movement, or modification are correct; and (d) the security and integrity of your local storage devices.

3.4 No data recovery obligation. We do not store, back up, or maintain copies of your files, photographs, or project data. We have no ability to recover, restore, or retrieve any data that is deleted, lost, corrupted, or otherwise affected by your use of the App, whether due to user error, App malfunction, hardware failure, or any other cause. You expressly acknowledge and accept this limitation.

To the maximum extent permitted by applicable law, the services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and accuracy.

We do not warrant that: (a) the Services will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) any results obtained from use of the Services will be accurate, reliable, or complete; (d) any errors or defects in the Services will be corrected; or (e) the App will be compatible with all hardware configurations, operating system versions, or third-party software.

You acknowledge that the App performs file operations on your local storage and that such operations carry inherent risk of data loss. You assume all risks associated with the use of the Services.

To the maximum extent permitted by applicable law, in no event shall Aftercull, its officers, directors, employees, agents, affiliates, successors, or assigns be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of data, loss of photographs, loss of profits, loss of revenue, loss of business, loss of goodwill, cost of substitute goods or services, corruption or destruction of files, or any damages arising from or related to the App’s access to or operations on your file system, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or in connection with these Terms or the Services shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months preceding the event giving rise to the claim; or (b) fifty United States dollars (US $50.00).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Aftercull and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any claim that your use of the App caused damage to a third party; (e) any data loss, file corruption, or damage to your devices, storage media, or files arising from your use of the App; or (f) your negligence, willful misconduct, or failure to maintain adequate backups.

This indemnification obligation shall survive termination of these Terms and your use of the Services.

7.1 Fees. Access to the App requires payment of applicable license fees as described on our pricing page or during your purchase flow. All fees are quoted in United States dollars unless otherwise stated.

7.2 Payment processing. Payments are processed by third-party payment processors. We do not store your full credit card number or banking details. Your use of the payment processor is subject to their terms and privacy policy.

7.3 Refunds. All sales are final unless otherwise required by applicable law. We may, at our sole discretion, offer refunds on a case-by-case basis. Refund requests must be submitted within thirty (30) days of purchase to hello@aftercull.app.

7.4 Taxes. You are responsible for all applicable taxes, duties, and levies arising from your purchase, except for taxes based on our net income.

The App, Site, and all content, features, functionality, design, text, graphics, logos, icons, images, audio, video, software, and code are owned by Aftercull or its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license expressly set forth in Section 2.

Your content. You retain all rights to your photographs and files. We claim no ownership or license to any content you create, import, or process using the App.

You agree not to:

• Use the Services for any illegal, fraudulent, or unauthorized purpose
• Interfere with, disrupt, or burden our servers, networks, or licensing systems
• Attempt to gain unauthorized access to any portion of the Services or related systems
• Use automated means (bots, scrapers, etc.) to access the Site or Services without our prior written consent
• Circumvent, disable, or otherwise interfere with any security or access-control features
• Share, transfer, or allow use of your license by unauthorized parties
• Use the Services in any manner that could damage, disable, or impair the Services

We may release updates, patches, or new versions of the App from time to time. Updates may be required for continued use and may modify or remove features. We are not obligated to provide any updates, maintenance, or support.

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice, and without liability to you.

11.1 By you. You may stop using the Services and uninstall the App at any time.

11.2 By us. We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.3 Effect of termination. Upon termination, your license to use the App ceases immediately. You must delete all copies of the App. Sections 3 through 6 and Sections 8, 12, 13, and 14 survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

Waiver of class actions. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force majeure. We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, or failures of third-party services.

Notices. We may provide notices to you via email, the App, or our Site. Notices to us must be sent to hello@aftercull.app.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the revised Terms on our Site with an updated effective date. Your continued use of the Services after the revised Terms are posted constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services.

If you have questions about these Terms, contact us at:

hello@aftercull.app