Terms and Conditions

MOBILE APP TERMS AND CONDITIONS

We are City Limit Software Ltd, with registered offices located at 128 City Road, London, United Kingdom, EC1V 2NX, the creators of the Exif-Max mobile App and the desktop App, Exif-Max: The Lab (together referred to below as the ‘App’).

By downloading the App, you are agreeing to the terms of this agreement which are legally binding. Please read it together with our privacy policy, available at https://www.exifmax.com/privacy-policy before you download and use the App. Only download the App if you have read the rules and agree to them.

If you do not agree to these terms, we will not allow you to use the App and you should not download it.

In this agreement:

references to the ‘App Store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple Media Services Terms and Conditions as the ‘App Store Rules’.
references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s Rules’.
References to ‘Microsoft Store’ means the app distribution platform operated by Microsoft and known as Microsoft Store, and we refer to Microsoft’s terms of service (and other applicable terms) collectively as ‘Microsoft’s Rules’.
in clauses where we use the phrase “App Store Rules, Google’s Rules or Microsoft’s Rules (as applicable)”, we intend for the App Store Rules to apply to users who have obtained the App via the Apple App Store, for Google’s Rules to apply to users who have obtained the App via the Google Play distribution platform and for Microsoft’s Rules to apply to users who have obtained the App via the Microsoft Store.

1. Our services

(a) City Limit Software Ltd is the developer and supplier or the App

(b) City Limit Software Ltd has developed the App which is intended to collect, record and write relevant metadata (including but not limited to the date, time, location, camera details, lens details and exposure settings) of analogue photographs.

2. These Terms

(a) These terms are an agreement is made between us you and us and:

(i) Apple is not a party to this agreement and has no responsibility for the app or its content;

(ii) Google is not a party to this agreement and has no liability under it; and

(iii) Microsoft is not a party to this agreement and has no liability under it.

(b) We grant a license to you to download and use the App:

(i) For iOS users, onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules.

(ii) For Google Play Store users, to use the App provided you follow all of the rules described in this agreement and also Google’s Rules.

(iii) For Microsoft Store users, to use the App provided you follow all of the rules described in this agreement and also Microsoft’s Rules.

(i) is only for you personally and for non-business use;

(ii) starts when you download the App; and

(iii) covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept such terms.

(d) The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store, Google’s Rules or Microsoft’s Rules (as applicable).

(e) You must comply with the App Store Rules, Google’s Rules and Microsoft’s Rules (as applicable) as well as these terms but, if there is any conflict between them, you should follow the App Store Rules, Google’s Rules or Microsoft’s Rules rather than the equivalent rule here.

(f) You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store Rules, Google’s Rules or Microsoft’s Rules (as applicable).

(g) If you sell or give away the device on which you have downloaded the App, you must first remove the App from the device.

(h) You are not allowed to:

(i) modify the App’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;

(ii) deliberately attempt to avoid or manipulate any security features included in the App; or

(iii) pretend that the App is your own or make it available for others to download or use (including by way of copying the code of the App and creating an independent version).

3. Support and contact

(a) We are responsible for customer service in relation to the App and can help you if you are having any issues.

(b) For iOS user, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services — please see clause 16)

(c) For Google users, you acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.

(d) For Microsoft users, you acknowledge that Microsoft has no obligation to provide any support or maintenance services in relation to the App. Refunds may available to you in a range of circumstances, either from Microsoft or from us. See Microsoft’s refund policies for more information.

(e) If you need to get in touch with us, you can send an email to us at contact@exifmax.com or use the contact us functionality provided on our website at https://www.exifmax.com/contact.

(f) If we need to get in touch with you, we will do so by email or an in-app notification

4. Privacy and your personal information

Protecting your personal information is important to us. Our Privacy Policy, which is available at https://www.exifmax.com/privacy-policy, explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

5. Collection of technical information

We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the App. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.

6. Location data

(a) The App makes use of functionalities on your device that can pinpoint your location. We do this in order to provide the services of the App.

(b) When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances.

(c) If you refused to authorise the location services the first time you opened the App, but change your mind later on, you can still update your choices at any time in the App settings. Conversely, you can also turn the location services off at any time, but please not that if you do choose to do so, you may not be able to use the App.

(d) All location data is processed pursuant to our Privacy Policy (see above clause 4: ‘Privacy and your personal information’).

7. Ownership, Use and Intellectual Property Rights

(a) The intellectual property rights in the App and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the App (the ‘Content’) are owned by us and our licensors.

(b) We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, patents, trademarks, service marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners or licensors of them and are free to use them as we see fit.

(c) Nothing in these terms grant you any legal rights in the App or the Content other than as necessary for you to access it and use it. You agree not to adjust, try to circumvent or delete any notices contained in the App or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Site or the Content.

(d) Trademarks: “Exif-Max” and the associated logos within our app are the unregistered trademarks of City Limit Software Ltd. Other trademarks and trade names may also be used on the App or in the Content. Use by you of any trade marks on the App or in the Content is strictly prohibited unless you have our prior written permission.

8. Acceptable use

(a) You must not use the App to do any of the following things:

(i) break the law or encourage any unlawful activity;

(ii) send or upload anything that is (or might be considered to be) defamatory, offensive, obscene, containing or representing sexually explicit images and/or discriminatory (including but not limited to, in relation to race, gender, religious beliefs, sexual orientation or disability);

(iii) infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);

(iv) transmit any harmful software code such as viruses;

(v) try to gain unauthorised access to computers, data, systems, accounts or networks; or

(vi) deliberately disrupt the operation of anyone’s website, mobile application, server or business.

(b) City Limit Software Ltd reserves the right to delete any Content which is not compliant with present clause 8.

(c) Any submission you make to the App, and any other communication to users of the App by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably. In particular, any submission or communication by you must be:

(i) not defamatory or likely to give rise to an allegation of defamation;

(ii) not offensive, obscene, sexually explicit, discriminatory or deceptive;

(iii) unlikely to cause offence, embarrassment or be construed as, or constitute harassment to others;

(iv) factually accurate or your own genuinely held belief; and

(v) your own original work (where applicable) and lawfully submitted.

(d) While we use all commercially reasonable efforts to make sure that the App is secure and accurate, we do not actively monitor or check at all times whether information supplied to us through the App is factual, exact, confidential, commercially sensitive or valuable.

(e) Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the App will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

9. Payment AND FEES

(a) All fees are:

(i) as set out in the App, and/or the respective App Store (Fees);

(ii) in British Pounds; and

(iii) subject to change without notice.

(b) Unless otherwise indicated, amounts stated on the App include VAT. In relation to any VAT payable for a taxable supply by us, you must pay the VAT subject to us providing a tax invoice to you.

(c) To the maximum extent permitted under the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 any fees paid in accordance with this agreement are non-refundable.

10. Updates to the App

(a) We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.

(b) Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.

(c) We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.

11. Changes to these terms

(a) We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.

(b) You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you may not be able to use the App. Google users may be able to request a refund in these circumstances.

12. External services

(a) The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).

(b) We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.

(i) is inconsistent with these terms or with the terms of the external service; or

(ii) infringes our intellectual property rights, or the intellectual property rights of any third party.

(d) From time to time, we may change or remove the external services that are made available through the App.

13. THIRD PARTY TERMS

(a) Third party terms and conditions (Third Party Terms) may apply to use of the App.

(b) By using the App, you agree to any Third Party Terms applicable to any third party goods and services that are used in providing the App and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(i) you must immediately notify us if you do not agree to such Third Party Terms; and

(ii) if we do not receive a notice in accordance with clause 13(c)(i), you will be taken to have accepted those Third Party Terms, and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

(d) You acknowledge and agree that if you do not agree to any Third Party Terms, this may affect our ability to provide you with the App.

14. THIRD PARTY SOFTWARE

(a) You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together. We cannot guarantee that integration processes between the App and other apps, software programs or IT systems will be free from errors, defects or delay.

(b) You agree that we will not be liable for the functionality of any third party goods or services, including any third party app or software, or for the functionality of the App if you integrates it with third party software, or changes or augments the App, including by making additions or changes to the App code or by incorporating APIs into the App.

(c) If you add third party software or software code to the App, integrate the App with third party software, or make any other changes to the App, including the App code (User Changes), then:

(i) you acknowledges and agrees that User Changes can have adverse effects on the Services and the App;

(ii) you indemnify us in relation to any loss or damage that arises in connection with the User Changes;

(iii) we will not be liable for any failure in the App and the Services, to the extent such failure is caused or contributed to by a User Change;

(iv) we may require you to change or remove User Changes, at our discretion, and if we do so, you must act promptly;

(v) we may suspend your access to the App and the Services until you have changed or removed User Changes; and/or

(vi) we may change or remove any User Changes, in its absolute discretion. We will not be liable for loss of data or any other loss or damage you may suffer in relation to our amendment to, or removal of, any User Change.

15. Liability

(a) Nothing in these terms shall exclude or limit City Limit Software Ltd’s liability for death or personal injury caused by our negligence or willful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of England and Wales.

(b) Subject to clause 15(a), City Limit Software Ltd shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, the City Limit Software Ltd’s products and services and/or the App.

(c) In any case, subject to clause 15(a) and to the extent permitted under applicable law, City Limit Software Ltd’s total aggregate liability arising from or in connection with this agreement, the City Limit Software Ltd and/or the App (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to no more than fifty pounds sterling (£50).

(d) If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances described in the present clause 15(d).

(e) To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these Terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

16. Failures of networks or hardware

The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store, Google Play or Microsoft Store (as applicable), are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure, failure of Google Play or failure of Microsoft Store to function properly (as applicable) or anything else that it would not be reasonable to expect us to control.

17. DATA HOSTING

We will store data you upload to the App (User Data) using a third party hosting service selected by us (Hosting Services), subject to the following terms:

(a) You acknowledge and agree that we may use storage servers to host the App through cloud-based services, and potentially other locations outside the United Kingdom (subject to our Privacy Policy).

(b) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.

(c) We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

(d) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.

18. Ending these terms

(a) We can end these terms and our agreement with you, if you do not comply with any part of them

(b) We will give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.

(i) you are no longer allowed to use the App and we may remotely limit your access to it;

(ii) you must delete it from any devices that it has been installed on;

(iii) we may delete or suspend access to any accounts that you hold with us; and

(iv) you are not entitled to a refund to the extent you paid for the App of any of its features.

19. Third parties

(a) No one other than us or you have any right to enforce of these terms, except that in the case of iOS users:

(i) Apple and Apple’s subsidiary companies are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

20. Transferring these terms

(a) We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.

(b) You are not allowed to transfer your rights under these terms to anyone without our prior written consent.

21. Governing law and jurisdiction

(a) The laws of England and Wales apply to this agreement, although if you are resident elsewhere acting in a non-professional capacity, you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.

(b) Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.