Photos Takeout by App Initio
Last updated: 25 June, 2020
1. Collection and Use of Non-Personal Information
2. Collection and Use of Personal Information
We collect very limited personal information when you use Photos Takeout. When you use our email support services, we ask for your email address. We also retain your correspondence in order to build up a public knowledge base (FAQ), which will be available to all users of Photos Takeout and our website.
We may use the information collected through Photos Takeout:
i) to communicate with you;
ii) to process your requests and transactions;
iii) to improve our app and website;
iv) to assist with our product development;
v) to perform marketing analysis;
vi) for other purposes related to our business.
We may ask for your Apple ID when you purchase or renew a subscription; however, your Apple ID, password and payment method details are only securely transmitted to Apple, and are not visible to us at any time.
3. Storage of User Data
Photos and videos exported with Photos Takeout, and related data are stored only on your computer or other destinations specified by you. They are not transmitted to or stored on our servers. Photos, videos and data are not automatically uploaded to any cloud service unless you do so.
4. Disclosing Your Personal Information
We may disclose your personal information to third parties who perform services on our behalf, such as processing of payments/orders, auditing, etc. Such third parties will only be allowed access to the personal information that is absolutely necessary to perform their
service. They must protect personal information to the same extent as App Initio Limited and shall not use the personal information they obtain for any purpose other than the service they provide to us.
We may disclose your personal information to law enforcement authorities in the event of assistance to prevent, detect or investigate criminal activity.
Personal information is stored as part of business assets of App Initio Limited, and may be disclosed in a merger, acquisition, or sale of App Initio Limited and/or its assets, as well as in the event of insolvency, bankruptcy or receivership, as far as permitted by applicable laws.
5. Third-Party Accounts
We may receive information about you from third parties (e.g. through Facebook). Third parties may share certain information about your use of their service with us. This may include, inter-alia, your user ID (e.g. your Facebook UID), an access token for accessing that service, any information that you have permitted the third party to share with us and any information you have made public in connection with that service.
6. Compliance with the GDPR (for users in the EU)
If you are residing in a country that is a member state of the European Economic Area and pursuant to applicable data privacy legislation, we shall make sure that you exercise the rights in accordance with the General Data Protection Regulation (GDPR). Send us an email at firstname.lastname@example.org requesting to exercise any of your rights.
The request of deletion of your personal information will be processed as long as we don’t have a legal reason to hold it, e.g. a legal claim or a regulatory requirement.
Terms and Conditions
Last updated: 25 June, 2020
Photos Takeout is an app provided by App Initio Limited (we, us) under Apple’s standard software license for MacOS apps – the App Store Licensed Application End User License Agreement (EULA).
By using Photos Takeout, you accept the EULA and the Additional Terms and Conditions (Terms) listed below. If you don’t accept or understand these, you may not use Photos Takeout.
If you are under the legal age of maturity in your jurisdiction, then you must obtain permission from your parent or legal guardian to accept these Terms. By using Photos Takeout, you represent to us that you have obtained such consent. Subject to EULA and Terms listed below, we hereby grant to you, and you accept, a limited, personal, nonexclusive, non-transferable, revocable license to download, install and use one copy of Photos Takeout on one computer that you own or control for your use. Any rights not expressly granted herein are reserved by us.
Additional Terms and Conditions
1. Personal, non-commercial use: You undertake to use Photos Takeout solely for your own personal and non-commercial use and for no other purpose whatsoever.
2. Pricing: We may provide Photos Takeout for a fee (price of the app, in-app purchase, or recurring subscription) or free, at our sole discretion.
3. Prohibited uses: You will not use Photos Takeout for any activity that constitutes conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright.
4. Termination: The license is effective until you or we terminate it. Your rights under this license will terminate automatically without notice from us if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease use of Photos Takeout, and remove Photos Takeout from your computer.
5. Modifications: We reserve the right to make changes to the Terms at any time, e.g. to modify the functionality, or comply with changes to laws or regulations. You must
review the Terms regularly to check for changes. The current Terms can be found at www.photostakeout.com/terms. Your continued use of Photos Takeout is subject to your acceptance and understanding of the prevailing Terms.
6. Version upgrades: The Terms will also govern version upgrades we provide that replace and/or supplement the original app, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
8. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF PHOTOS TAKEOUT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOTOS TAKEOUT AND ANY SERVICES PERFORMED OR PROVIDED BY PHOTOS TAKEOUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO PHOTOS TAKEOUT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF PHOTOS TAKEOUT, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, PHOTOS TAKEOUT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF PHOTOS TAKEOUT OR SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE, OR THAT DEFECTS IN PHOTOS TAKEOUT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD PHOTOS TAKEOUT PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PHOTOS TAKEOUT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of ten U.S. dollars (US$10.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Jurisdiction: The laws of Hong Kong govern this license and your use of Photos Takeout. Your use of Photos Takeout may also be subject to other local, national, or international laws.