Legal
Terms of Service
These Terms govern your use of Phosview: the macOS application, the phosview.app website, and the optional online services it can connect to. Please read them. By downloading, installing, or using Phosview, you agree to them.
- 1. Acceptance
- 2. The service
- 3. Beta program
- 4. License & purchases
- 5. Publishing subscription
- 6. Your content & acceptable use
- 7. Intellectual property
- 8. Third-party services
- 9. Privacy
- 10. Disclaimers
- 11. Limitation of liability
- 12. Indemnification
- 13. Termination
- 14. Governing law & disputes
- 15. Changes
- 16. Contact
1Acceptance
These Terms are a binding agreement between you and Eternos Strategy LLC (“Eternos”, “we”, “us”). If you use Phosview on behalf of an organization, you represent that you are authorized to accept these Terms for it. If you do not agree, do not use Phosview.
2The service
Phosview is a photo-culling and library tool for macOS. Its scoring, face detection, captions, and search run on your own device. Certain features are optional and connect to online services: license activation, beta key requests, in-app bug reports, gallery publishing, and a cloud AI option you can turn on. You are responsible for the Mac, operating system, internet connection, and any third-party software (such as Ollama) needed to use particular features.
3Beta program
Phosview is currently offered as a pre-release beta. Beta software is provided for evaluation and may contain defects, change, or be discontinued at any time. It may be less stable than a final release, and features may be added or removed. You use the beta at your own risk and should keep backups of your originals (which Phosview does not modify, but which you remain responsible for).
A beta license key is provided free of charge during the beta. As our thanks for helping shape the product, an active beta key also unlocks a full year of releases free after the 1.0 launch. If you send us feedback, you grant us a perpetual, royalty-free license to use it to improve Phosview, without obligation to you.
4License & purchases
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use Phosview on the Macs you own or control, up to the number permitted by your license or store.
How you obtain Phosview
- Mac App Store: a one-time purchase that includes free updates within that major version; a future major version is a separate purchase. Apple's Licensed Application End User License Agreement and the App Store terms also apply.
- Setapp: use is governed by your Setapp subscription and Setapp's terms for as long as that subscription is active.
- Beta key: a limited, revocable, machine-bound key, valid for the number of Macs stated at issuance, non-transferable, for the duration of the beta and the post-launch period described above.
Restrictions
You agree not to:
- copy, resell, sublicense, rent, or redistribute Phosview, or share or transfer license keys;
- reverse engineer, decompile, or disassemble the software, except to the extent this restriction is prohibited by applicable law;
- remove proprietary notices, or use Phosview to build a competing product;
- circumvent license activation or usage limits, or use the software unlawfully.
5Publishing subscription
Gallery publishing is an optional paid service billed through Stripe. Paid plans renew automatically for the interval you select until you cancel; you can cancel at any time and your plan remains active through the end of the current period. Fees are stated at purchase and, except where required by law, are non-refundable for periods already started. When you publish a gallery, you are responsible for the content you publish and for having the rights to share it. We may remove published content that violates these Terms or the law. If your subscription ends, hosted galleries may be taken offline.
6Your content & acceptable use
You retain all rights to your photos and content. Phosview claims no ownership of them. You grant us only the limited license needed to operate the features you use, for example to host and serve a gallery you choose to publish, or to process images you submit to the optional cloud AI pass. This license ends when you unpublish the content or stop using the feature.
You agree not to use Phosview's online services to store, publish, or transmit content that:
- you do not have the right to use, or that infringes others' intellectual property or privacy;
- is unlawful, abusive, or sexually exploitative of minors;
- contains malware, or is used to attack, overload, or probe our systems.
7Intellectual property
Phosview, its software, design, and the Phosview and Eternos names and logos are owned by Eternos and protected by intellectual-property laws. Except for the license granted to you here, no rights are transferred to you.
8Third-party services
Phosview can work with third-party products and services, including the Mac App Store and Setapp, Apple Photos, Ollama for local AI, and (if you opt in) a cloud AI provider and Stripe for payments. Your use of those is subject to their terms and privacy policies, and we are not responsible for them.
9Privacy
Our Privacy Policy explains how we handle data and is incorporated into these Terms by reference.
10Disclaimers
Phosview 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, and non-infringement, to the maximum extent permitted by law. Phosview's quality scores, face groupings, captions, duplicate detection, and other AI outputs are automated estimates that can be wrong; they are aids, not guarantees, and you are responsible for reviewing decisions before acting on them, especially any deletion. We do not warrant that the software will be uninterrupted, secure, or error-free. You are responsible for maintaining your own backups.
11Limitation of liability
To the maximum extent permitted by law, Eternos and its suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of data, photos, profits, or goodwill, arising out of or relating to your use of Phosview, even if advised of the possibility. To the extent liability cannot be excluded, our total liability for any claim is limited to the greater of the amount you paid us for Phosview in the twelve months before the claim, or US $50. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
12Indemnification
You agree to indemnify and hold harmless Eternos from claims, damages, and expenses (including reasonable legal fees) arising from content you publish through Phosview or from your violation of these Terms or applicable law.
13Termination
You may stop using Phosview at any time. We may suspend or terminate your access to the online services, or revoke a beta key, if you breach these Terms, misuse the services, or where required for legal or security reasons. Sections that by their nature should survive termination, including ownership, disclaimers, limitation of liability, indemnification, and governing law, will survive. Termination does not affect the software already installed on your Mac, which remains subject to these Terms and your store's terms.
14Governing law & disputes
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. You and Eternos agree to the exclusive jurisdiction of the state and federal courts located in Florida for any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer, you may also benefit from mandatory protections of the law where you live, and nothing here removes rights that cannot be waived.
15Changes
We may update these Terms as Phosview evolves. We will revise the “Last updated” date and, for material changes, provide more prominent notice. Continued use after an update means you accept the revised Terms.
16Contact
Questions about these Terms? Email legal@phosview.app, or for general help support@phosview.app.
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