Terms of Use

1.Eligibility

The App is rated for general audiences. If you are under the age of majority where you live, you may use the App only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf and is responsible for supervising your use of the App. If you are a parent or guardian permitting a child to use the App, you represent that you have the authority to agree to these Terms on the child's behalf. By using the App you represent that you meet these requirements and that you are not barred from using the App under any applicable law.

2.License to use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms and Conditions and the Apple Standard EULA.

This is a license, not a sale. We and our licensors retain all right, title, and interest in and to the App.

3.Restrictions

You agree not to, and not to permit anyone else to:

• copy, modify, translate, or create derivative works of the App;
• reverse engineer, decompile, or disassemble the App, or attempt to derive its source code, except to the extent that applicable law expressly permits this despite this limitation;
• rent, lease, lend, sell, redistribute, or sublicense the App;
• remove, obscure, or alter any proprietary notices in the App;
• use the App to store, organize, or distribute content that is unlawful, including child sexual abuse material or content that infringes another person’s rights;
• circumvent, disable, or interfere with any security, purchase verification, or usage-limiting feature of the App, including any mechanism that enforces subscription entitlements; or
• use automated means to access the App in a way that degrades or disrupts it.

4.Your photos and content

Your photos, videos, albums, captions, and any other content you bring into the App (“Your Content”) belong to you. We do not claim ownership of Your Content.

Chunky Time is designed to work on your device. The App accesses your photo library only after you grant permission through iOS, and it processes and organizes Your Content locally on your device. We do not upload Your Content to our servers, and we do not view, sell, or share Your Content. See our Privacy Policy for details on what limited information we do collect.

You are responsible for backing up Your Content. The App is not a backup service. Deleting the App, resetting your device, or losing your device may result in the loss of albums, organization, or other data the App stores locally, and we cannot recover it for you.

5.Subscriptions and payment

The App offers optional auto-renewing subscriptions (“Chunky Time Premium”) that unlock additional features. Subscriptions are sold and processed by Apple through your Apple Account — we never receive or store your payment card details.

Plans and pricing

• Chunky Time Premium Weekly — billed weekly
• Chunky Time Premium Yearly — billed yearly

Prices are shown in the App in your local currency before you confirm any purchase, and the price shown at the point of purchase controls. Prices may vary by region, may differ between users as part of pricing experiments, and are subject to change; any price change will be communicated to you in advance and, where required, will take effect only after you consent or on your next renewal following notice.

Restoring purchases

If you reinstall the App or set up a new device, use the “Restore Purchases” option in the App to reactivate an active subscription linked to the same Apple Account.

6.Cancellation and refunds

You may cancel at any time through your Apple Account subscription settings. Because Apple is the merchant of record for in-app purchases, all billing and refunds are handled by Apple under the Apple Media Services Terms and Conditions. We cannot issue refunds directly. You can request a refund from Apple at reportaproblem.apple.com.

Nothing in this section limits any statutory cancellation or refund right you have under the consumer protection laws of your country or state.

7.Changes to the App

We may add, change, or remove features of the App over time, and we may release updates. If we materially reduce a core feature that your paid subscription provides, we will give you reasonable notice and you may cancel your subscription as described above. We may also discontinue the App entirely; if we do so while you hold an active subscription, we will stop future renewals.

8.Intellectual property

The App, including its software, design, layouts, text, graphics, and the Chunky Time name and logo, is owned by us and our licensors and is protected by copyright, trademark, and other laws. These Terms grant you no right to use our trademarks or branding without our prior written permission.

If you send us feedback, suggestions, or ideas about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you.

9.Third-party services

The App relies on services provided by Apple and on third-party analytics and crash-reporting providers. Your use of those services is subject to their own terms. We are not responsible for third-party services or for any content or links the App may surface from them.

10.Privacy

Our Privacy Policy explains what information we collect and how we use it. It is incorporated into these Terms by reference.

11.Termination

You may end this agreement at any time by deleting the App from your devices (this does not, on its own, cancel a subscription — see Section 6). We may suspend or terminate your license immediately if you materially breach these Terms, including the restrictions in Section 3. Sections 4, 8, and 12 through 18 survive termination.

12.Disclaimer of warranties

The App is provided “as is” and “as available,” without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, that any automatic organization, grouping, or suggestion will be accurate, or that data stored locally by the App will not be lost.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, such warranties are limited to the minimum period permitted by law.

13.Limitation of liability

To the maximum extent permitted by law, TinyCone and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, photos, profits, goodwill, or business, arising out of or relating to the App or these Terms, whether based on contract, tort, or any other theory, even if we have been advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the App or these Terms will not exceed the greater of (a) the amount you paid us or Apple for the App in the 12 months before the event giving rise to the claim, or (b) fifty US dollars (US$50).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms limits liability for fraud, gross negligence, willful misconduct, or death or personal injury caused by negligence, where such limitation is not permitted by law.

14.Indemnification

You agree to indemnify and hold harmless TinyCone from any claims, damages, liabilities, and reasonable legal fees arising out of your misuse of the App, your violation of these Terms, or your violation of any law or the rights of a third party.

15.Apple-specific terms

The following applies because you obtained the App through the Apple App Store:

• These Terms are between you and TinyCone only, not with Apple. TinyCone, not Apple, is solely responsible for the App and its content.
• Apple has no obligation to furnish any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App.
• TinyCone, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• In the event of a third-party claim that the App infringes that party’s intellectual property rights, TinyCone, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16.Governing law and disputes

These Terms are governed by the laws of the State of Virginia, USA, without regard to its conflict-of-laws rules. You and TinyCone agree to the exclusive jurisdiction of the state and federal courts located in the City of Richmond, Virginia for any dispute not subject to small-claims court.

If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose law grants you the protection of your local courts and mandatory consumer laws, nothing in this section deprives you of that protection.

17.Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. If a change is material, we will give you notice in the App or by other reasonable means before it takes effect. Continuing to use the App after a change takes effect means you accept the revised Terms.

18.General

These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the App. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

19.Contact us

Questions about these Terms? Email us at team@tinycone.com, or write to TinyCone LLC, 8401 Mayland Dr Ste A, Richmond, VA 23294-4648, USA.