Terms of Service

Effective date: November 1st, 2025

These Terms are a contract between you and Pinacoteca.app (“we,” “us,” “our”). They govern your use of the Pinacoteca iOS app and our website at pinacoteca.app (together, the “Service”). If you use the Service, you agree to these Terms. If you don’t agree, don’t use the Service.

1. What Pinacoteca does

Pinacoteca helps you organize photos using your device’s location and image data to build collections and related features.

The Service needs permission to access Location and Photos on your device.
You can change these permissions in iOS at any time, but some features may stop working.

2. Who can use it

You must be at least 13 years old (or older if your country requires it for apps that process personal data).
If you’re under the age where you can legally consent, you need a parent or guardian’s permission.
You must comply with all laws that apply to you.

3. Your account

You’re responsible for your account, your device, and anything done through your account. Keep your login secure. Tell us right away if you suspect unauthorized use.

4. Privacy

Our Privacy Policy explains what we collect and why, including location and photo-related data. It’s part of these Terms. Read it:Privacy Policy

We don’t provide emergency services and we’re not a backup provider. Don’t rely on us as the only place your photos or data are stored.

5. Subscriptions, trials, and billing

Pinacoteca offers free and paid plans.

Billing & platform: Purchases, trials, renewals, and cancellations are handled by Apple’s App Store. Apple’s rules may control payment timing, refunds, and trial eligibility.
Auto-renew: Paid subscriptions renew automatically unless you cancel at least 24 hours before the end of the current period. Manage or cancel in Settings → Apple ID → Subscriptions.
Price changes: We may change prices or features; Apple will generally notify you and ask you to accept changes in the App Store.
Taxes: Prices may exclude taxes. Apple may add taxes depending on your location.
No refunds by us: Refunds, if any, are handled by Apple under its policies.

6. Your content and our license

You keep all rights to your photos and other content you submit or create with the Service (“User Content”).

To run and improve the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, adapt, and create limited derivatives of your User Content to operate and provide features (for example, generating collections, thumbnails, indexes, or device-specific copies) as well as for training purposes for our algorithms.

You also grant us the right to use de-identified and aggregated data to improve the Service and for analytics.

You promise you have the rights to the User Content you upload or process, and that it doesn’t violate others’ rights or the law.

7. Acceptable use

Don’t do any of the following:

Break the law or infringe anyone’s rights, including privacy and intellectual property.
Upload illegal content, malware, or anything that could damage systems or data.
Attempt to reverse engineer, bypass security, or abuse rate limits.
Interfere with other users or the Service.

We may remove content or suspend accounts that violate these rules.

8. Content accuracy, location, and availability

Location data can be inaccurate or unavailable. Don’t use it for safety-critical purposes.
We might change, suspend, or discontinue features. We don’t guarantee continuous or error-free operation.

9. Intellectual property

The Service and everything we provide (software, design, trademarks, and content) belong to us or our licensors. You get a limited, personal, non-transferable, revocable license to use the iOS app and site as permitted by these Terms.

10. Third-party services and networks

The Service may rely on your mobile data connection, device OS, and third-party services. We aren’t responsible for their performance, availability, or terms.

Apple terms: You must comply with Apple’s App Store rules and usage policies. Apple is not responsible for the Service or its content and has no obligation to provide support. To the extent these Terms give rights or obligations related to the iOS app.

11. DMCA and copyright notices

If you believe content on the Service infringes your copyright, send a notice to our DMCA agent:

DMCA Agent: Pinacoteca.app
Email: dp@pinacoteca.app

Your notice must include the information required by 17 U.S.C. § 512(c)(3). We may remove content and, for repeat infringement, terminate accounts.

12. Feedback

If you send ideas or feedback, you grant us a free, perpetual license to use them without restriction or payment.

13. Warranties disclaimer

To the maximum extent allowed by law, the Service is provided “as is” and “as available.” We disclaim all warranties and conditions, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that data will be preserved without loss.

Some places don’t allow disclaimers like these. If that’s you, these disclaimers apply only to the extent your laws allow.

14. Limitation of liability

To the maximum extent allowed by law, we and our affiliates, officers, employees, and partners are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or other intangible losses.

Our total liability for any claim related to the Service is limited to the amount you paid to us for the Service in the 3 months before the claim.

15. Indemnity

You agree to defend, indemnify, and hold us harmless from claims, damages, losses, and costs (including reasonable legal fees) arising out of your use of the Service, your User Content, or your violation of these Terms or the law.

16. Dispute resolution; venue

For U.S. residents:

Binding arbitration & class-action waiver. Any dispute will be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association. No class actions or class arbitrations.
Venue & law. The governing law is the law of the State of Delaware, excluding its conflict-of-laws rules. You and we waive jury trial rights.

For residents of the EEA, UK, or Switzerland:

You may bring claims in your local courts under mandatory consumer laws. These Terms don’t limit non-waivable consumer rights.

Injunctions: Either party may seek temporary or injunctive relief in any court of competent jurisdiction to protect rights pending arbitration or final judgment.

17. Changes

We can update these Terms or the Service. If we make material changes, we’ll post the new Terms and update the effective date. If you keep using the Service after changes take effect, you accept the new Terms.

18. Suspension and termination

We may suspend or end your access at any time, including for violating these Terms or the law. You can stop using the Service at any time. Sections that by their nature should survive termination will survive (for example, privacy, IP, disclaimers, limits of liability, dispute resolution).

19. General legal stuff

Entire agreement: These Terms and the Privacy Policy are the whole agreement between you and us about the Service.

Severability: If a part of these Terms is unenforceable, the rest stays in effect.

Assignment: You can’t assign these Terms without our consent. We can assign them as part of a merger, acquisition, or sale of assets.

No waiver: If we don’t enforce a part of these Terms, that isn’t a waiver.

20. Contact

Questions about these Terms: dp@pinacoteca.app