By downloading, installing, accessing, or using GhostShot (the "App," "Application," or "Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms," "Agreement," or "Terms of Service"). If you do not agree to all provisions of these Terms, you must immediately discontinue use of the App and uninstall it from your device.
These Terms constitute a legally binding agreement between you and the operator of GhostShot ("we," "us," or "our"). Your continued use of the App constitutes ongoing acceptance of these Terms and any modifications thereto.
GhostShot is a mobile application designed for temporary photo storage and management on iOS devices. The Service provides users with the following functionality:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on your personal iOS device solely for personal, non-commercial purposes.
You expressly agree not to:
You agree to use the App only for lawful purposes and in accordance with these Terms. You shall not use the App:
You acknowledge and agree that:
You are responsible for ensuring your use of the App complies with all applicable laws in your jurisdiction, including but not limited to laws regarding privacy, data protection, photography in public and private spaces, intellectual property, and consent requirements.
CRITICAL NOTICE REGARDING DATA RETENTION:
The App is specifically designed for temporary photo storage with automatic deletion functionality. You expressly acknowledge and agree to the following:
We expressly disclaim all liability and responsibility for any loss of photos or data, including but not limited to loss resulting from:
IT IS ENTIRELY YOUR RESPONSIBILITY to save or back up any photos you wish to retain permanently. We strongly recommend:
By using the App, you expressly acknowledge that you understand the temporary nature of photo storage and accept full responsibility for any data loss resulting from the App's automatic deletion feature or any other cause.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:
No advice or information, whether oral or written, obtained by you from us or through the App shall create any warranty not expressly stated in these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
These limitations apply regardless of the legal theory on which the claim is based (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, judgments, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at our sole discretion, to:
We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting of the updated Terms within the App or on our website. The "Last Updated" date at the top of these Terms indicates when the Terms were last revised.
Your continued use of the App after the posting of modified Terms constitutes your acceptance of such changes. If you do not agree to the modified Terms, you must discontinue use of the App.
Your use of the App is also governed by our Privacy Policy, available at https://ptroya.github.io/ghostshot-legal/privacy.html, which is incorporated into these Terms by reference.
Please review the Privacy Policy carefully to understand our practices regarding the collection, use, and disclosure of information. By using the App, you consent to the practices described in the Privacy Policy.
The App, including all content, features, functionality, software, user interface, graphics, design, compilation, and the selection and arrangement thereof, is owned by us or our licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
You retain all rights to photos and content you create using the App. We do not claim any ownership rights to your photos or content. However, by using the App's sharing features, you grant necessary permissions to third-party services to display and distribute your shared content according to their respective terms of service.
The App allows you to share photos to third-party services such as messaging applications, email, social media platforms, and other services available through iOS sharing functionality. You acknowledge and agree that:
The App or our communications may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services provided by such third parties. Your use of third-party websites and resources is at your own risk and subject to the terms and conditions of those third parties.
We reserve the right to terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including without limitation if:
You may terminate your use of the App at any time by uninstalling the App from your device and ceasing all use thereof.
Upon termination of your use of the App, whether by you or by us:
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the App, the parties agree to first attempt to resolve the dispute informally by contacting us at help.ghostshot@gmail.com. We will attempt to resolve the dispute through good faith negotiation within sixty (60) days.
If the dispute cannot be resolved through informal negotiation, you agree that any dispute, claim, or controversy shall be resolved by binding arbitration administered by a recognized arbitration association in Miami-Dade County, Florida, in accordance with its arbitration rules then in effect.
You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, you agree that:
Notwithstanding the above, you may bring an individual action in small claims court in your local jurisdiction if the claim qualifies for such court and remains in such court.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
You agree to submit to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida for any actions not subject to the arbitration provisions set forth above.
These Terms, together with the Privacy Policy and any other legal notices published by us through the App, constitute the entire agreement between you and us concerning the App and supersede all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the App.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent, or if such modification is not possible, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
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 assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
We shall not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, 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.
We may provide notices to you via email (if provided), through the App, or by posting to our website. You agree that such electronic notices satisfy any legal requirement that such communications be in writing.
The App is intended for users who are at least thirteen (13) years of age. If you are under 13 years of age, you are not permitted to use the App. By using the App, you represent and warrant that you are at least 13 years of age.
If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.
The App is controlled and operated from the United States. We make no representation that the App is appropriate or available for use in all locations. If you access the App from outside the United States, you do so at your own initiative and are responsible for compliance with local laws.
For questions, concerns, or notices regarding these Terms of Service, please contact us:
Email: help.ghostshot@gmail.com
Support: https://ptroya.github.io/ghostshot-legal/support.html
By downloading, installing, or using GhostShot, you expressly acknowledge and agree that:
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