Terms of Service – XSPhoto

1.Who we are

The XSPhoto application (the “App”) and the related services (together, the “Service”) are provided by:

We act as a trader for the purposes of European Union and United Kingdom consumer law. Where you are a consumer in the European Economic Area (“EEA”) or the United Kingdom (“UK”), the consumer protection rules that apply to traders apply to us, and the rights described in Section 12 are available to you.

2.Acceptance of these Terms

By downloading, installing, accessing or using the App, you agree to be bound by these Terms of Service (the “Terms”) and by our Privacy Policy. If you do not agree, please do not install or use the App.

You must be at least 13 years old to use the App. If you are under the age of majority in your country, you may only use the App with the involvement of a parent or legal guardian.

3.The Service

XSPhoto is a privacy-focused camera for Android that can operate behind a disguise interface. It runs on your device and does not require an account.

The App includes, among other things:

• disguise modes in which the camera is reached through an interface styled to look like another kind of app;
• choice of storage destination: a folder you select, or the App's private storage;
• an optional watermark applied to captures;
• customisation of the disguise interface, including the contact details shown in it;
• alternative app icons so the App blends in with the other icons on your home screen.

The App is provided free of charge and is supported in part by third-party services (Section 6).

4.Licence and permitted use

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable and revocable licence to install and use the App on devices that you own or control, for your own private, non-commercial use.

You agree not to:

• copy, sell, rent, lease, sublicense or redistribute the App, or make it available to third parties as a service;
• reverse engineer, decompile or disassemble the App, except to the extent that applicable law expressly permits it;
• remove, alter or obscure any copyright, trademark or other proprietary notice;
• modify the App or create derivative works based on it;
• use the App to break any law, or to capture, record or monitor any person without the consent required by the law that applies where you are.

You are solely responsible for how you use the App. Laws about photographing people and private spaces differ between countries and states, and in many places capturing images of a person without their knowledge or consent is unlawful. It is your responsibility to know and comply with the law. We do not support, and these Terms do not authorise, covert surveillance of another person.

5.Your photos and your device

You keep all rights to the photographs you take with the App. We do not receive, store, view or process your photos – they stay on your device in the storage destination you choose.

Because we have no access to your photos, we cannot recover them. You are responsible for keeping backups and for ensuring that your device has sufficient free storage. Deleting the App or clearing its data may permanently delete photos stored in the App's private storage.

6.Third-party services and advertising

The App uses third-party software libraries and services, which may include advertising networks, analytics and crash-reporting providers. These providers may collect information as described in our Privacy Policy and in their own privacy policies, which we link to there.

We do not control the content of third-party advertisements, and we are not responsible for the products, services or websites they promote. Interactions with advertisers are between you and them.

7.Third-party links

The Service may contain links to websites or services that we do not operate. We have no control over, and accept no responsibility for, the content, privacy policies or practices of those third parties. We recommend that you review the terms and privacy policy of any third-party site you visit.

8.Intellectual property

The App, including its software, design, graphics, trademarks and documentation, is owned by us or our licensors and is protected by copyright and other intellectual property laws. These Terms do not transfer any ownership rights to you – they grant only the limited licence described in Section 4.

9.Availability and updates

We may release updates, fix bugs, change features or discontinue parts of the Service. Some updates are required for the App to keep working correctly, and you agree to install them when offered. We do not guarantee that any particular feature, device or Android version will remain supported indefinitely.

The App may be unavailable or may malfunction because of factors outside our control, such as your device, the operating system, insufficient storage, or the permissions you grant.

10.Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the App will operate without interruption or error, that every operation will complete successfully, or that the App will work on every device. Do not rely on the App as your only means of storing material that you cannot afford to lose.

Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited, including the statutory rights of consumers.

11.Limitation of liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, content, profits, revenue, goodwill or business opportunity, arising out of or in connection with your use of, or inability to use, the Service.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service during the twelve (12) months before the event giving rise to the claim, and (b) the minimum amount required by applicable law.

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 any other liability that cannot be limited or excluded under applicable law. If you are a consumer in the EEA or the UK, your mandatory statutory rights are not affected by this section.

12.Consumer rights, EEA and UK

Nothing in these Terms affects the mandatory consumer protection rights available to you under the law of the country in which you have your habitual residence.

Where you make a purchase relating to the App – for example a paid feature or a subscription, bought from us or through an app store – and you are a consumer resident in the EEA or the UK, you have the right to withdraw from that purchase within fourteen (14) days of the day the contract was concluded, without giving any reason.

To exercise the right of withdrawal, tell us before the fourteen-day period expires by e-mail to kojarapps@gmail.com, stating clearly that you wish to withdraw. We will reimburse all payments received from you for that purchase without undue delay and in any event within fourteen (14) days of being informed, using the same means of payment you used, and you will not incur any fees as a result.

Where you expressly request immediate access to digital content and acknowledge that you lose your right of withdrawal once delivery begins, the right of withdrawal does not apply to that content. Procedures offered by an app store for cancellations and refunds are in addition to, and do not replace, the statutory right described in this section.

13.Termination

You may stop using the Service at any time by uninstalling the App.

We may suspend or terminate your licence if you materially breach these Terms – for example, by using the App unlawfully. Where the law requires it, we will give you reasonable notice and the opportunity to remedy the breach.

14.App store terms

The App is distributed through Google Play and may also be distributed through other application stores. Your download and use of the App is also governed by the terms of the store you obtained it from (for example, the Google Play Terms of Service).

Where the terms of the applicable app store conflict with these Terms, the app store's terms prevail to the extent of the conflict and only in relation to that distribution. Nothing in these Terms varies the relationship between you and the app store operator.

15.Governing law and disputes

These Terms are governed by the laws of the Republic of Chile, excluding its conflict-of-law rules. The courts of Chile have jurisdiction over any dispute arising from these Terms.

If you are a consumer, this does not deprive you of the protection of the mandatory rules of the law of the country in which you have your habitual residence, and you may bring proceedings in the courts of that country. Consumers in the EEA and the UK may also contact their national consumer protection authority for assistance.

Before starting formal proceedings, please contact us at kojarapps@gmail.com – we will try to resolve the issue informally.

16.Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in the App, in the law, or in our practices. When we do, we will publish the revised Terms on this page and update the “Last updated” date at the top.

If a change materially affects your rights or obligations, we will give you reasonable advance notice – by an in-app notice or a store listing update – before the change takes effect. Changes do not apply retroactively. If you do not agree to the revised Terms, you may stop using the Service; continuing to use it after the effective date means you accept them.

17.General

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions remain in full force.

Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign or transfer your rights under these Terms; we may assign ours to a successor in connection with a merger, acquisition or sale of assets.

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service and replace any prior agreement on the same subject.

These Terms are drafted in English. Any translation is provided for convenience only; in case of conflict, the English version prevails (unless the law of your country of residence requires otherwise).

18.Contact us

If you have any questions about these Terms, or a complaint about the Service, please contact us at kojarapps@gmail.com. We aim to reply within a reasonable time, and in any event within the periods required by applicable consumer law.