Terms and Conditions for Photospec

Last Updated: November 4, 2025

Effective Date: November 4, 2025

1. Introduction and Acceptance of Terms

Welcome to Photospec ("we," "our," "us," or "the App"). These Terms and Conditions ("Terms," "Agreement") govern your access to and use of the Photospec mobile application, including any related services, features, content, or materials offered by us (collectively, the "Service").

Developer Information:

By downloading, installing, accessing, or using Photospec, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the App.

These Terms constitute a legally binding agreement between you (the "User" or "you") and Martin Garnett. Please read them carefully before using the Service.

2. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make changes, we will:

  • Update the "Last Updated" date at the top of these Terms
  • Provide notice of material changes through the App, via email (if we have your contact information), or by other reasonable means
  • Provide at least 30 days' notice before material changes take effect

Your continued use of the App after changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed about any updates.

If you do not agree to the revised Terms, you must stop using the App immediately.

3. Description of Service

Photospec is a mobile application designed to help photographers create informative carousel images for social media. The Service allows you to:

  • Upload photos from your device
  • Extract and display metadata (EXIF data) from your photos
  • Search for and select species information (planned feature)
  • Search for and select location information using Google Maps (planned feature)
  • Customize your profile with personal information (name, location, equipment list, copyright text)
  • Generate stylized carousel images with your photo and selected information
  • Choose from various templates and aspect ratios
  • Download the generated images to your device

All photo processing occurs locally on your device. We do not store, transmit, or have access to your photos or their metadata.

4. License to Use the App

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use (unless otherwise specified in Section 15).

4.2 License Restrictions

You agree not to:

  • Copy, modify, adapt, translate, or create derivative works of the App or any portion thereof
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the App
  • Use the App for any illegal, unauthorized, or prohibited purpose
  • Rent, lease, lend, sell, redistribute, or sublicense the App
  • Use the App in any manner that could damage, disable, overburden, or impair our servers or networks
  • Attempt to gain unauthorized access to any portion of the App or any systems or networks connected to the App
  • Use any automated system (including robots, scrapers, or data mining tools) to access the App
  • Interfere with or disrupt the App or servers or networks connected to the App
  • Upload or transmit viruses, malware, or any other malicious code

4.3 Updates and Modifications

We may release updates, bug fixes, patches, or other modifications to the App from time to time. You may need to download and install these updates to continue using the App. Some updates may be mandatory for security or functionality purposes.

We reserve the right to modify, suspend, or discontinue any feature or functionality of the App at any time without prior notice.

5. Account and User Data

5.1 No User Accounts Required

Photospec does not require you to create a user account to use the basic features of the App. All profile information you provide (name, location, equipment list, copyright text, preferences) is stored locally on your device only.

5.2 Your Responsibility

You are responsible for:

  • Maintaining the security of your device
  • All activities that occur through your device
  • Ensuring your device meets the minimum requirements to run the App
  • Backing up any data you wish to preserve

We are not responsible for any loss of data stored on your device, including profile information or generated images that you have not saved.

6. Subscriptions and Payments

6.1 Subscription Tiers

Photospec offers the following subscription options:

  • Free Tier: Access to basic features and limited templates
  • Photospec Pro (Subscription): Access to premium templates, additional features, and enhanced customization options

Subscription benefits may include (but are not limited to):

  • Access to all templates
  • Advanced customization options
  • Additional export formats
  • Priority support for new features

6.2 Subscription Plans and Pricing

Photospec Pro is available as:

  • Monthly subscription
  • Annual subscription

Pricing is displayed in the App and may vary by region. All prices are shown in your local currency and include applicable taxes.

6.3 Free Trial

We may offer free trial periods for Photospec Pro subscriptions. The duration of the free trial will be specified at the time of sign-up. You may be required to provide payment information to start a free trial.

Important: Unless you cancel before the end of the free trial period, your subscription will automatically begin, and you will be charged the applicable subscription fee.

6.4 Billing and Payment

All subscriptions are processed through the Apple App Store or Google Play Store, depending on your device. Payment will be charged to your Apple ID or Google Play account upon confirmation of purchase.

Subscriptions automatically renew at the end of each subscription period (monthly or annually) unless cancelled at least 24 hours before the end of the current period.

Your account will be charged for renewal within 24 hours prior to the end of the current period, at the same price as your original subscription (unless we notify you of a price change in advance).

6.5 Managing Your Subscription

You can manage and cancel your subscription at any time through:

  • iOS: Settings > [Your Name] > Subscriptions
  • Android: Google Play Store > Account > Subscriptions

Cancellation: You may cancel your subscription at any time. Upon cancellation, you will continue to have access to Pro features until the end of your current billing period. You will not be charged for subsequent periods. No refunds will be provided for the current billing period except as required by applicable law or as described in Section 6.6.

6.6 Refunds

All purchases are final and non-refundable except as required by applicable law.

Apple App Store: Refund requests for iOS purchases must be submitted directly to Apple through your Apple ID account. We have no control over Apple's refund process or decisions. For more information, visit: https://support.apple.com/en-us/HT204084

Google Play Store: Refund requests for Android purchases may be submitted through Google Play within the timeframe specified by Google's refund policy. For more information, visit: https://support.google.com/googleplay/answer/2479637

If you believe you have been charged in error, please contact us at martin@photospec.app and we will do our best to assist you.

6.7 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will take effect at the start of your next subscription period after we provide you with advance notice. If you do not agree to the price change, you may cancel your subscription before the new price takes effect.

6.8 Taxes

You are responsible for all applicable taxes related to your subscription. If we are required to collect or pay taxes, they will be added to your subscription fee.

7. User Content and Ownership

7.1 Your Content

"Your Content" means any photos, images, data, information, or other materials that you upload, create, or generate using the App.

You retain all ownership rights to Your Content. We do not claim any ownership rights to the photos you upload or the images you create using Photospec.

7.2 Local Processing

All photo processing, editing, and image generation occurs locally on your device. We do not store, access, transmit, or have any copies of Your Content on our servers.

7.3 License to Use Your Content

Because all processing is local and we do not access Your Content, you do not grant us any license or rights to Your Content except as follows:

If you choose to share Your Content with us for promotional purposes, you may grant us permission to use it in specific ways. You will only grant us permission for specific uses that you explicitly agree to, such as:

  • Sharing on our social media accounts
  • Featuring on our website
  • Including in marketing materials
  • Using in app store screenshots or promotional videos

When you provide permission, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display Your Content solely for the specific purposes you have agreed to.

We will only use Your Content in the ways you have explicitly consented to. For example, if you only give us permission to share your image on social media, we will not use it in other marketing materials without obtaining separate permission.

You may revoke permission at any time by contacting us at martin@photospec.app, and we will remove Your Content from future use (though we may not be able to remove content that has already been published).

7.4 Responsibility for Your Content

You are solely responsible for Your Content and the consequences of uploading, creating, or sharing it. You represent and warrant that:

  • You own or have the necessary rights to upload and use any photos you provide to the App
  • Your Content does not infringe any third-party intellectual property rights, privacy rights, or publicity rights
  • Your Content does not violate any applicable laws or regulations
  • Your Content does not contain illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable material

7.5 Prohibited Content

You agree not to upload, create, or use the App to process:

  • Content you do not have the legal right to use
  • Content that infringes copyright, trademark, patent, trade secret, or other intellectual property rights
  • Content that violates any person's rights of privacy or publicity
  • Content containing malware, viruses, or any other harmful code
  • Content that is illegal, obscene, defamatory, threatening, harassing, abusive, hateful, or discriminatory
  • Content depicting violence, illegal activities, or exploitation

Although we do not monitor Your Content (as it remains on your device), we reserve the right to terminate your access to the App if we become aware that you are using the App for prohibited purposes.

8. Our Intellectual Property

8.1 Ownership

The App and all of its original content, features, functionality, designs, templates, code, graphics, user interface, visual interfaces, trademarks, logos, and other materials (excluding Your Content) are owned by Martin Garnett and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Trademarks

"Photospec" and related logos, designs, and marks are trademarks or trade names of Martin Garnett, whether registered or unregistered. You may not use these marks without our prior written permission.

8.3 Restrictions

You acknowledge that the App contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to copy, modify, or exploit any portion of the App, including templates, designs, or any proprietary elements.

8.4 Feedback

If you provide us with any feedback, suggestions, or ideas about the App ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the App without any obligation to compensate you.

9. Third-Party Services

9.1 Third-Party Integrations

The App uses certain third-party services to provide functionality:

  • RevenueCat: For subscription management and payment processing
  • Google Maps Platform (planned feature): For location search and selection
  • Species Identification API (planned feature): For species information

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices, policies, or content of third-party services.

9.3 App Store Terms

Your use of the App is also subject to the terms and conditions of the app store from which you downloaded the App (Apple App Store or Google Play Store). In the event of a conflict between these Terms and the app store terms, these Terms shall prevail with respect to your use of the App itself.

10. Disclaimers and Warranties

10.1 "As Is" and "As Available" Basis

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Warranty of Accuracy

We do not warrant that:

  • The App will meet your specific requirements or expectations
  • The App will be uninterrupted, timely, secure, or error-free
  • Any defects or errors in the App will be corrected
  • The App will be free of viruses or other harmful components

10.3 Metadata and Data Accuracy

We do not guarantee the accuracy, completeness, or reliability of any metadata extracted from photos, species information, location data, or any other information provided through the App.

EXIF data extraction may be inaccurate or incomplete depending on your camera and how the photo was processed. Species identification and location suggestions are provided for informational purposes only and should not be relied upon as factual or definitive.

You are solely responsible for verifying the accuracy of any information before including it in your generated images.

10.4 Data Loss

We are not liable for any loss of data, including photos, profile information, or generated images. The App does not automatically save your work. You must manually save any generated images to your device. If the App crashes or you close the editor, unsaved work will be lost.

10.5 Device Compatibility

We do not guarantee that the App will function on all devices or with all operating system versions. You are responsible for ensuring your device meets the minimum requirements for the App.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 Exclusion of Damages

IN NO EVENT SHALL MARTIN GARNETT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or use
  • Loss of business or business opportunities
  • Personal injury or property damage
  • Costs of procurement of substitute services

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF:

(a) The amount you have paid us in subscription fees in the 12 months preceding the claim; or
(b) £50 (fifty British pounds)

11.3 Essential Purpose

You acknowledge that the limitations of liability in this Section 11 are an essential element of the agreement between you and us, and that we would not provide the App to you without these limitations.

11.4 Basis of the Bargain

The limitations and exclusions in this Section 11 represent the agreed allocation of risk and are a fundamental part of the basis of the bargain between you and us.

12. Indemnification

You agree to defend, indemnify, and hold harmless Martin Garnett, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the App
  • Your Content or any content you upload, create, or share using the App
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

13. Termination

13.1 Termination by You

You may stop using the App at any time by deleting it from your device. If you have an active subscription, you should cancel it through your Apple or Google account to avoid future charges.

13.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without cause, with or without notice, at our sole discretion. Reasons for termination may include (but are not limited to):

  • Violation of these Terms
  • Use of the App for illegal, fraudulent, or abusive purposes
  • Suspected fraudulent payment or subscription activity
  • Engaging in prohibited uses as described in Section 7.5
  • At our sole discretion for any other reason

13.3 Effect of Termination

Upon termination:

  • Your license to use the App will immediately cease
  • You must delete the App from all devices in your possession
  • Any subscription fees already paid are non-refundable (except as required by law)
  • Sections 7 (User Content), 8 (Our Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law), and 15 (General Provisions) will survive termination

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the App shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.

14.2 Jurisdiction

Subject to Section 14.3 below, you agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the courts of England and Wales. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14.3 Informal Dispute Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at martin@photospec.app. We will attempt to resolve the dispute informally by contacting you via email.

If a dispute is not resolved within 60 days of submission, either party may bring a formal proceeding.

14.4 No Class Actions

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and we agree otherwise, the court may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

14.5 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under applicable law. If you are a consumer in the European Union or United Kingdom, you have certain rights under applicable consumer protection laws that cannot be limited by these Terms.

15. Professional and Commercial Use

While Photospec is designed for personal use, you may use images generated by Photospec for commercial purposes (such as promoting your photography business, selling prints, or client work) provided that:

  • You own the rights to the original photos you upload
  • You comply with all other Terms in this Agreement
  • You do not represent that the templates or designs created by Photospec are your own original work

If you represent a business or organization and wish to use Photospec for extensive commercial purposes, please contact us at martin@photospec.app to discuss appropriate licensing arrangements.

16. Beta Features and Development Status

Photospec is continuously being developed and improved. The App may contain features that are in beta, experimental, or under development. These features:

  • May not function as expected
  • May contain bugs or errors
  • May be modified or removed at any time without notice
  • Are provided "as is" without warranty

By using beta or experimental features, you acknowledge that they may not be fully functional and that we are not liable for any issues arising from their use.

17. Geographic Availability and Export Restrictions

17.1 Availability

While we strive to make Photospec available worldwide, the App may not be available in all countries or regions due to legal restrictions, app store policies, or business decisions.

We reserve the right to limit the availability of the App in certain jurisdictions at our sole discretion.

17.2 Export Control

You agree to comply with all applicable export and re-export control laws and regulations. You represent that you are not located in a country subject to a UK or EU government embargo or designated as a "terrorist supporting" country, and that you are not on any list of prohibited or restricted parties.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms at any time without notice to you.

18.5 No Third-Party Beneficiaries

These Terms are for the benefit of you and us only and are not intended to confer any rights or benefits on any third party.

18.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.7 Notices

All notices under these Terms shall be in writing and shall be deemed given:

  • When delivered personally
  • When sent by confirmed email to martin@photospec.app (for notices to us) or to the email address you provide (for notices to you)
  • Three business days after being sent by registered or certified mail, return receipt requested

To contact us regarding these Terms, please email: martin@photospec.app

18.8 Language

These Terms are written and provided in English only. We do not provide translated versions of these Terms.

If you choose to translate these Terms into another language for your own understanding (at your own expense), you acknowledge that:

  • Any translation is for your convenience only and has no legal effect
  • The English version is the only official version of these Terms
  • In the event of any conflict, inconsistency, or ambiguity between the English version and any translated version, the English version shall prevail and control
  • You are responsible for the accuracy of any translation you obtain

By using the App, you confirm that you have sufficient understanding of English to comprehend these Terms, or that you have obtained appropriate translation assistance at your own expense.

19. Apple and Google Specific Terms

19.1 Apple App Store

If you downloaded the App from the Apple App Store, the following additional terms apply:

  • These Terms are between you and Martin Garnett only, not with Apple Inc. ("Apple")
  • Apple has no obligation to provide maintenance or support services for 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) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App
  • Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Martin Garnett (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim
  • Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your use of the App, and Apple will have the right to enforce these Terms against you as a third-party beneficiary

19.2 Google Play Store

If you downloaded the App from Google Play, the following additional terms apply:

  • These Terms are between you and Martin Garnett only, not with Google LLC ("Google")
  • Google has no obligation to provide maintenance or support services for the App
  • Google is not responsible for addressing any claims by you or any third party relating to the App
  • To the extent permitted by law, Google is not liable for any damages or losses arising from your use of the App

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us:

Email: martin@photospec.app

Mailing Address:

Martin Garnett
Kendal, United Kingdom

We will respond to your inquiry within a reasonable timeframe.

21. Acknowledgment and Consent

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING PHOTOSPEC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

End of Terms and Conditions