1. Agreement to Terms

These Terms and Conditions ("Terms") are a legal agreement between you and Deep Dive Dev Inc. ("we," "us," or "our"), the developer of Photo Monster. By downloading, installing, or using Photo Monster, you agree to be bound by these Terms. If you do not agree, do not use the app.

Deep Dive Dev Inc.
6510 Gateway Boulevard Suite 1029
Edmonton, AB T6H 5Z5
Canada
[email protected]

2. What Photo Monster Does

Photo Monster is an iOS app that helps you browse, sort, and manage your photo library. It uses Apple's PhotoKit framework to access your photos directly on your device. The contents of your photos and videos are never copied to or stored on our servers.

3. Eligibility

You must be at least 13 years old to use Photo Monster (or 16 if you reside in the European Economic Area). If you are under 18, you confirm that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

4. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Photo Monster on Apple-branded devices that you own or control, for your personal, non-commercial purposes, in accordance with these Terms and Apple's Usage Rules set out in the Apple Media Services Terms and Conditions.

You may not:

Copy, modify, or create derivative works of the app
Reverse engineer, decompile, or disassemble the app
Rent, lease, lend, sell, or sublicense the app
Make the app available over a network where it could be used by multiple devices at the same time
Remove or alter any proprietary notices in the app

Family Sharing and volume purchase. Your license may extend to other accounts associated with you through Apple's Family Sharing or volume purchase programs, subject to Apple's applicable terms.

5. How We Access Your Photos

Photo Monster uses Apple's PhotoKit framework to read your photo library on your device. This includes photos, videos, and associated metadata (such as timestamps, file sizes, and location data if present).

All scanning, categorization, and duplicate detection happens on your device
We do not upload, copy, or transmit your photos to any server
Your photos remain in your Photos library. If you use iCloud Photos, changes and deletions may sync via Apple's services under Apple's own terms and settings
You can revoke photo library access at any time through your device's Settings

You represent that you have the necessary rights and permissions to manage and delete the photos and videos you use with the app.

6. Photo Deletion and Backups

When you choose to delete photos through Photo Monster, the app sends a deletion request through Apple's PhotoKit framework. Apple presents a system confirmation dialog that you must approve before any photos are deleted. We do not bypass or override this confirmation.

Please be aware of the following:

Photo categorization and duplicate detection are not guaranteed to be 100% accurate. You are responsible for reviewing which photos you choose to delete
Deleted photos are moved to Apple's "Recently Deleted" album, where they remain recoverable for approximately 30 days before permanent removal
Deletions sync across all devices connected to the same iCloud account
We strongly recommend maintaining regular backups of your photo library before using deletion features

We are not responsible for photos deleted through your own confirmation of Apple's system dialogs. We do not provide photo recovery services and cannot restore photos once you confirm deletion through Apple's dialogs.

7. Subscriptions and Payments

Photo Monster may offer features through paid subscriptions. Subscription benefits may change from time to time. Your subscription provides access to the premium tier as offered at that time. All payments are processed by Apple through the App Store. We do not collect or store your payment information.

Auto-renewal and billing. Pricing and subscription duration are shown at purchase before you confirm payment. If you purchase an auto-renewing subscription, your Apple ID account will be charged at confirmation of purchase. Your subscription renews automatically unless cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current price.

Free trials. If a free trial or introductory offer is available, it automatically converts to a paid subscription unless you cancel at least 24 hours before the trial ends. If you purchase a subscription during a free trial, any remaining trial time may be replaced by the subscription in accordance with Apple's policies.

Manage, cancel, or restore. You can manage or cancel subscriptions in iOS Settings under your Apple ID, then Subscriptions. If you reinstall the app or change devices, you can restore previous purchases using the "Restore Purchases" option in the app.

Refunds. Refund requests are handled by Apple in accordance with Apple's refund policy.

8. Acceptable Use

You agree not to:

Use Photo Monster for any unlawful purpose or in violation of any applicable laws
Attempt to interfere with, compromise, or disrupt the app or its underlying systems
Conduct security testing, penetration testing, or vulnerability scanning against the app without our prior written permission
Use the app in a way that could damage, disable, or materially impair the app for others

9. Privacy

Your privacy matters to us. Our Privacy Policy explains what data we collect, how we use it, and your rights. The Privacy Policy is incorporated into these Terms by reference.

We do not sell your personal information. We comply with applicable privacy laws and describe our practices in our Privacy Policy.

10. Intellectual Property

All rights, title, and interest in Photo Monster (including its design, code, branding, and content) belong to Deep Dive Dev Inc. or our licensors. These Terms grant you a license to use the app. They do not transfer any ownership to you.

Your photos are yours. We claim no ownership, license, or rights over your photos or any content in your photo library.

Feedback. If you submit feedback, suggestions, or ideas, you grant us a royalty-free, perpetual, irrevocable license to use them without restriction or compensation.

11. Warranty Disclaimer

Photo Monster is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We do not warrant that the app will be error-free, uninterrupted, or that photo categorization or duplicate detection will be completely accurate.

To the maximum extent permitted by applicable law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law. This disclaimer does not affect statutory rights that cannot be excluded under applicable consumer protection law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Deep Dive Dev Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, loss of photos, loss of profits, or loss of goodwill, arising out of or related to your use of Photo Monster.

Our total liability for any claim arising from or related to these Terms or the app shall not exceed the subscription fees you paid for Photo Monster in the twelve (12) months preceding the claim, up to a maximum of fifty Canadian dollars (CAD $50).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, gross negligence, or death or personal injury caused by negligence.

13. Termination

These Terms remain in effect for as long as you use Photo Monster. We may terminate or suspend your access immediately if you violate these Terms or engage in conduct that we reasonably believe is harmful to our customers, us, or third parties. You may stop using the app and delete it at any time.

Termination of these Terms does not affect your Apple subscription billing. To stop subscription charges, you must cancel your subscription through your Apple ID settings.

Upon termination, your license to use the app ends. Sections that by their nature should survive termination will continue to apply, including Sections 10–12 and 14–17.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the courts located in Edmonton, Alberta, Canada.

Mandatory consumer protections: Nothing in these Terms deprives you of the protection of mandatory consumer laws in your country or state of residence, or restricts your right to bring proceedings in courts where such rights cannot be waived by contract.

15. Dispute Resolution

Before filing any formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.

16. Apple-Specific Terms

The following terms apply to your use of Photo Monster as downloaded from Apple's App Store, as required by Apple:

These Terms are between you and Deep Dive Dev Inc., not Apple. Deep Dive Dev Inc. is solely responsible for Photo Monster and its content
The license granted to you is limited to a non-transferable license to use Photo Monster on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions
Deep Dive Dev Inc., not Apple, is responsible for providing any maintenance and support services for Photo Monster. Apple has no obligation to furnish any maintenance and support services
Deep Dive Dev Inc., not Apple, is responsible for any product warranties, whether express or implied by law. If Photo Monster fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Photo Monster
Deep Dive Dev Inc., not Apple, is responsible for addressing any claims relating to Photo Monster, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection claims
In the event of any third-party claim that Photo Monster or your use of it infringes a third party's intellectual property rights, Deep Dive Dev Inc., not Apple, is solely responsible for the investigation, defence, settlement, and discharge of any such claim
You represent and warrant 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 its subsidiaries are third-party beneficiaries of these Terms. 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
The app may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, as applicable
For questions or complaints about Photo Monster, contact Deep Dive Dev Inc. at [email protected]

17. General

Changes to these Terms. We may update these Terms from time to time. If we make material changes, we will notify you through the app or by other reasonable means at least 30 days before the changes take effect. Your continued use of Photo Monster after changes take effect constitutes acceptance of the updated Terms.

Changes to the app. We may add, change, or remove features at any time. Photo Monster may be temporarily unavailable due to maintenance or circumstances beyond our control. We may stop supporting older versions of iOS and require you to update to continue using the app.

Third-party services. Photo Monster uses third-party services for analytics, crash reporting, and other functionality. These services are governed by their own terms and privacy policies. See our Privacy Policy for details on which services we use.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Deep Dive Dev Inc. regarding Photo Monster.

No waiver. Our failure to enforce any provision of these Terms does not waive our right to enforce it in the future.

Assignment. We may transfer our rights and obligations under these Terms to another organization. We will ensure the transfer does not affect your rights under these Terms. You may not transfer your rights or obligations without our prior written consent.

Contact Us

If you have questions about these Terms, please contact us at [email protected].

Deep Dive Dev Inc.
6510 Gateway Boulevard Suite 1029
Edmonton, AB T6H 5Z5
Canada