Terms of Service

Last Updated: December 22, 2024

IMPORTANT: Please read these Terms of Service carefully. By using Gallery Sweep, you agree to be bound by these terms and acknowledge your complete responsibility for all content you upload, backup, and manage through the Service.

1. Acceptance of Terms

By accessing or using the Gallery Sweep application ("App", "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service. You must be at least 13 years old to use this Service.

Key Points:

You are solely responsible for all content you upload and backup
Gallery Sweep has no liability for user data or content
Service provided "as is" without warranties
Developer not liable for data loss, encryption issues, or any damages
Subscription required for backup and premium features

2. Description of Service

Gallery Sweep is a mobile application that provides photo and video management tools, including:

Gallery Cleaning: Identify and remove duplicate, similar, large, screenshot, and low-quality media files
Cloud Backup: Encrypted backup of photos and videos to cloud storage (subscription required)
Media Analysis: Automated detection of duplicates, similar photos, large files, screenshots, and blurry images
Secure Restore: Download and restore backed-up media from cloud storage
Storage Management: Track and optimize device storage usage

SERVICE DISCLAIMER: Gallery Sweep provides tools for managing your media library. All analysis, deletion, backup, and restore operations are performed based on automated algorithms. Results may not be 100% accurate. User must review and verify all operations before confirming any changes.

3. User Responsibilities

3.1 Content Responsibility

YOU ARE COMPLETELY AND SOLELY RESPONSIBLE FOR:

All photos, videos, and media files you upload, backup, or manage
Ensuring you have legal rights to all content you upload
Verifying backup content before deleting original files
Maintaining local copies of important files
Testing restore functionality before relying on backups
Compliance with all applicable laws regarding your content
Obtaining proper permissions for photos/videos of other people

3.2 Backup Best Practices

CRITICAL: Users must follow these backup practices:

Always verify backups are successful before deleting original files
Maintain multiple backup copies of critical photos/videos
Regularly test restore functionality
Do not solely rely on Gallery Sweep for backup storage
Keep offline copies of irreplaceable content

3.3 Prohibited Uses

You may NOT use the Service to:

Upload, backup, or store illegal content
Store content violating third-party intellectual property rights
Upload malware, viruses, or harmful code
Abuse, harass, or harm other users
Reverse engineer or tamper with the Service
Violate any applicable laws or regulations
Use the Service for commercial purposes without authorization

4. Subscriptions and Payments

4.1 Subscription Plans

Gallery Sweep offers subscription-based access to premium features including cloud backup storage:

Free Plan: Basic gallery cleaning features (analysis only, no backup)
Paid Plans: Cloud backup storage with various capacity tiers
Subscription managed through Apple App Store or Google Play Store
Prices and features subject to change

4.2 Billing and Renewals

Subscriptions automatically renew unless cancelled
Billing managed by Apple/Google payment platform
Cancellation must be done through App Store/Play Store settings
No refunds for partial subscription periods

4.3 Subscription Termination

If subscription expires or is cancelled:

Access to backup and restore features is disabled
Existing cloud backups are retained for 30 days grace period
After 30 days, backups may be permanently deleted
User must download backups before subscription ends to avoid data loss

5. Data Security and Encryption

5.1 Client-Side Encryption

Gallery Sweep uses AES-256-GCM encryption for all backups:

Encryption performed on your device before upload (zero-knowledge)
Encryption key derived from your user ID
Gallery Sweep cannot decrypt your backups (you control the key)
Server stores only encrypted data

5.2 Security Limitations

IMPORTANT SECURITY NOTICE:

While we use strong encryption, NO SYSTEM IS 100% SECURE. You acknowledge that:

Encryption depends on your device's security
If you lose access to your account, backups cannot be recovered
Compromised user credentials may expose encrypted data
Cloud infrastructure vulnerabilities may exist
Gallery Sweep cannot guarantee absolute security

5.3 Backup Storage

Backups stored on AWS S3 with server-side KMS encryption
Storage subject to AWS service availability
Gallery Sweep not liable for AWS outages or data loss
Users should maintain independent backup copies

6. No Liability and Disclaimers

6.1 Complete Disclaimer of Liability

GALLERY SWEEP AND ITS DEVELOPER(S) EXPRESSLY DISCLAIM ALL LIABILITY FOR:

Data loss, corruption, or inaccessibility
Failed backups or unsuccessful restore operations
Incorrect duplicate/similar photo detection
Accidental deletion of photos or videos
Encryption or decryption failures
Loss of access to backups
Storage capacity limitations or overages
Service interruptions or downtime
Cloud infrastructure failures
Third-party service provider issues (Apple, Google, AWS)
Device compatibility issues
Operating system updates affecting functionality

6.2 User Assumption of Risk

BY USING THIS SERVICE, YOU ACKNOWLEDGE AND AGREE THAT:

You use Gallery Sweep entirely at your own risk
You are responsible for maintaining separate backups
Gallery Sweep makes no guarantees about data preservation
Automated photo analysis may produce errors
Deleted files may be unrecoverable
You waive all claims against the developer for any losses

6.3 Service Provided "AS IS"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING:

No warranty of merchantability or fitness for particular purpose
No guarantee of uninterrupted or error-free operation
No warranty regarding accuracy of analysis or detection algorithms
No guarantee of data integrity or backup reliability
No warranty regarding security or encryption effectiveness

7. Limitation of Liability

COMPLETE LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

7.1 No Liability for Damages

Gallery Sweep and its developer(s) shall NOT be liable for any:

Direct, indirect, incidental, special, consequential, or exemplary damages
Loss of data, photos, videos, or any content
Loss of profits, revenue, or business opportunities
Emotional distress from lost memories or photos
Time spent using the Service or recovering from issues
Damages from third-party service providers
Personal injury or property damage
Legal fees or costs

7.2 Maximum Liability Cap

In no event shall Gallery Sweep's total aggregate liability exceed the amount you paid for the Service in the 12 months preceding the claim, or $10.00 USD, whichever is less.

7.3 Essential Purpose

The limitations in this section apply even if any remedy fails its essential purpose. These limitations are fundamental elements of the agreement between you and Gallery Sweep.

8. Indemnification

USER INDEMNIFICATION OBLIGATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Gallery Sweep, its developer(s), affiliates, officers, agents, and partners from all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to:

Your use or misuse of the Service
Content you upload, backup, delete, or restore
Your violation of these Terms
Your violation of any law or third-party rights
Data loss or corruption claims
Privacy or intellectual property claims related to your content
Any disputes with other users
Claims by third parties related to your content

This indemnification obligation survives termination of your account and these Terms.

9. Account and Service Termination

9.1 Termination by Gallery Sweep

Gallery Sweep reserves the right to terminate or suspend your account immediately, without notice, for:

Violation of these Terms
Illegal or prohibited content
Abuse of the Service or other users
Non-payment or subscription issues
Any reason deemed necessary to protect the Service, users, or legal interests

9.2 Effect of Termination

Upon account termination:

Access to Service immediately revoked
Cloud backups may be permanently deleted within 30 days
No refunds provided for unused subscription period
User must download all backed-up content before termination
Liability disclaimers and indemnification survive termination

9.3 Voluntary Account Deletion

Users may delete their account at any time. Upon deletion:

All cloud backups permanently deleted within 30 days
Account data removed from active systems
Subscriptions must be cancelled separately through App Store/Play Store
Deletion is irreversible - data cannot be recovered

10. Intellectual Property

10.1 Your Content

You retain ownership of all photos and videos you upload. By using the Service, you grant Gallery Sweep:

Limited license to process, store, and display your content for Service functionality
Right to encrypt and backup your content as requested
Right to analyze content for duplicate/similar detection
No right to use your content for any other purpose

10.2 Gallery Sweep Intellectual Property

All rights, title, and interest in Gallery Sweep, including:

Software code, algorithms, and architecture
User interface, design, and branding
Documentation and materials
Trademarks and service marks

are owned by Gallery Sweep's developer(s) and protected by copyright, trademark, and intellectual property laws.

11. Third-Party Services

11.1 Third-Party Dependencies

Gallery Sweep relies on third-party services:

Apple Sign-In / Google Sign-In: Authentication services
Firebase / Google Cloud: Database and authentication
AWS S3: Cloud backup storage
RevenueCat: Subscription management

11.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. Gallery Sweep is not responsible for third-party service changes, outages, or issues.

12. Privacy and Data Collection

Your use of Gallery Sweep is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your data.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

13.2 Arbitration Agreement

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, not in court. You waive your right to:

Trial by jury
Class action participation
Collective or representative actions
Court proceedings (except small claims court)

13.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or to prevent harm.

14. Changes to Terms

Gallery Sweep reserves the right to modify these Terms at any time. Changes become effective immediately upon posting. Continued use of the Service after changes constitutes acceptance of new Terms. Material changes will be communicated through in-app notifications or email.

15. Severability and Waiver

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force. Failure to enforce any provision does not waive the right to enforce it later.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gallery Sweep regarding the Service, superseding all prior agreements and understandings.

17. Contact Information

For questions about these Terms:

Email: legal@mychronicle.app
Support: Gallery Sweep Support

FINAL ACKNOWLEDGMENT

BY USING GALLERY SWEEP, YOU ACKNOWLEDGE THAT:

You have read and understood these Terms of Service
You agree to be legally bound by these Terms
You understand Gallery Sweep provides no warranties and assumes no liability
You are solely responsible for all content, backups, and data management
You accept all risks associated with using the Service
You will maintain independent backups of important data
You waive any claims against Gallery Sweep for data loss or service issues

If you do not agree to these terms, do not use Gallery Sweep.