PhotoTag Terms of Use
By downloading or using PhotoTag (“the app”) you agree to these terms. If you do not agree, do not use the app. You must be at least 13 years old, or the age of digital consent where you live, to use the app; if you are under 18, a parent or guardian must agree to these terms for you. The app is licensed to you, not sold.
1. Free for a limited time, then a subscription
- PhotoTag is free to use until March 31, 2027. That date is the same for everyone, wherever and whenever they installed the app. From the next day, a subscription is required for everyone to keep using the app; there is no free version after that date. The app shows the date from launch day, and shows it as a warning in the last 14 days.
- The app and its store listing show the date from which a subscription is required.
- The end date is a calendar day on your phone’s own clock and time zone.
- The app may have bugs, change, or lose features during the free period. We will tell you in the app before the free period ends.
- You do not give any payment details during the free period, and you are not charged automatically when it ends. To keep using the app after it ends you choose to subscribe.
- Photos you tagged are yours and stay tagged. The information already written into your photo files stays in them, in your phone’s photo library, whether or not you subscribe. Nothing is removed from them.
- Videos, and photos the app cannot write into (for example HEIF photos on Android), carry
their tags in a separate
.xmpcompanion file kept in the app. After the free period, the app cannot be opened without a subscription, and that includes the companion files kept in the app. If you do not plan to subscribe, export any companion files you want to keep before March 31, 2027; the app reminds you during the last 14 days.
2. Subscription terms
- Plans: Yearly or Monthly, at the price shown in the App Store or Google Play. The app shows each plan’s price as the store gives it, in your local currency, with its billing period. Prices may include taxes. The price shown in the app before you confirm is the price you pay.
- Payment: charged to your Apple Account (App Store) or Google Play account when you confirm the purchase.
- Auto-renewal: your subscription renews automatically for the same length
(one year or one month) at the price shown for each period:
- App Store: unless you cancel it at least 24 hours before the end of the current period. Your account is charged for the renewal within the 24 hours before that.
- Google Play: until you cancel it. You can cancel at any time, and you keep access until the end of the period you paid for.
- Cancel or manage: use “Manage or cancel subscription” on the app’s
subscription screen, or:
- iPhone: Settings → [your name] → Subscriptions → PhotoTag, or App Store → your account → Subscriptions.
- Android: Google Play → Payments & subscriptions → Subscriptions → PhotoTag.
- Price changes: if the price changes, Apple or Google will tell you in advance, as their rules require, and where required will ask for your consent before charging the new price.
- Refunds: refunds are handled by Apple or Google under their policies. We cannot issue store refunds ourselves. Apple: reportaproblem.apple.com. Google: the Play Store refund request page. If you are a consumer in the European Union or the United Kingdom, you have a statutory 14-day right to withdraw from a subscription purchase, exercised through Apple or Google, and statutory remedies if the app does not conform to the contract. Nothing in these terms removes those rights.
- Restore purchases: if you reinstall the app or move to a new phone on the same store account, use “Restore purchases” on the app’s subscription screen.
- Free trials and offers: none are offered beyond the free period described in section 1. If one is offered later, its terms will be shown before you confirm.
3. What the subscription gives you
A subscription gives access to the app’s tagging features while it is active, and to the updates we release during that time. We will provide the updates needed to keep the app working as described for as long as your subscription is active, and may release other improvements. If we stop offering PhotoTag, we will stop renewals in the stores, you keep access until the end of the period you paid for, and we will tell you in the app.
4. Licence
We grant you a personal, non-exclusive, non-transferable licence to use the app on devices you own or control, as the store’s usage rules allow. You may not copy, modify, reverse engineer or resell the app except where the law allows it (for example, to achieve interoperability under EU law). The app may include open-source components; where their licences require it, their notices are shown in the app’s Settings.
5. Your content and your responsibility
- Your photos, videos, calendar and notes stay yours. The app works on them on your phone. We do not receive them (see the Privacy Policy).
- You are responsible for what you photograph, record, tag and share. That includes recording other people and writing names into photos with the optional invitee-names setting. Laws on photographing or recording people, and on consent, differ by place; you are responsible for complying with the laws that apply to you and for having any consent you need before recording or naming someone.
- Information written into a photo travels with any copy you share. Some apps and networks keep it and some remove it. We do not control this and do not promise any particular result.
6. No warranty
The app is provided “as is” and “as available”. We do not promise that it is error-free, that every photo will be tagged, or that metadata will be kept by other apps or services. Keep your own backups of your photos. The app saves tagged copies and does not change your originals, but no software is perfect. If you are a consumer, you may have statutory warranty rights that these terms cannot exclude, and nothing in this section limits them.
7. Limitation of liability
To the extent the law allows, our total liability to you for any claim about the app is limited to the amount you paid for the app in the 12 months before the claim. We are not liable for indirect or consequential losses, or for lost data. Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
8. Apple-specific terms
If you got the app from the Apple App Store: these terms are between you and us, not Apple. Apple has no obligation to provide maintenance or support for the app. If the app does not meet a warranty that applies, you may notify Apple, which may refund the purchase price, and Apple has no other warranty obligation. Apple is not responsible for claims about the app (product liability, legal or regulatory compliance, consumer protection, or intellectual property). Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. You confirm you are not in a country subject to a U.S. Government embargo and are not on a U.S. Government list of prohibited or restricted parties.
9. Changes and ending
We may update these terms. If we do, we will post the new version with a new effective date, and tell you in the app if the change is significant. You may stop using the app at any time; to stop paying, cancel your subscription in the store as described in section 2. We may end your access if you break these terms.
10. Governing law
These terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and any dispute will be brought in the state or federal courts located in San Diego County, California. If you are a consumer in the European Union or the United Kingdom, this does not deprive you of the protection of the mandatory laws of the country where you live or of the right to bring a claim in your local courts.
11. General
These terms and the Privacy Policy are the entire agreement between you and us about the app. If any part of these terms is found unenforceable, the rest remains in effect. Our not enforcing a term is not a waiver of it. You may not transfer your rights under these terms; we may transfer ours to a successor of the PhotoTag business. If these terms are translated, the English version controls.
12. Contact
OPM-Services, LLC, 10333 Avenida Magnifica, San Diego, CA 92131, USA
support@opm-servicesllc.com