1. About these Terms
These Terms of Service ("Terms") form a binding agreement between you and:
Pavlo Kish, sole proprietor (jednoosobowa działalność gospodarcza) registered in the Polish Central Register of Business Activity (CEIDG)
Okrag 4/42, 00-423 Warszawa, Poland
NIP: 7011201444
Email: hello@memoryswipe.com
(collectively, "MemorySwipe", the "App", "we", "us", "our"). These Terms govern your download, installation, and use of the MemorySwipe iPhone application and all related features, content, and services (together, the "Service").
By tapping "Get", downloading, installing, or using MemorySwipe, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.
2. Eligibility
You must be at least 13 years old (16 in jurisdictions that require a higher age of digital consent) and legally capable of entering into a binding agreement to use MemorySwipe. If you are under the legal age of majority in your jurisdiction, you may use the App only with the involvement and consent of a parent or legal guardian. MemorySwipe is not directed to children under 13.
3. Your licence to use the App
Subject to these Terms, we grant you a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to download, install, and use one copy of the App on any Apple-branded device you own or control, solely for your personal, non-commercial use, and in accordance with Apple's Licensed Application End User License Agreement ("Standard EULA").
All rights not expressly granted to you are reserved by us and our licensors.
4. Your photos and local data
MemorySwipe asks for access to your Photos library so it can show you photos taken on this date in past years and, when you confirm, move photos to iOS "Recently Deleted". You retain all rights in your photos. We do not claim any ownership of, licence to, or interest in your photos, and your photos never leave your device.
You are responsible for understanding how iOS "Recently Deleted" works, including its 30-day holding period. Deletions you confirm inside the App are final once iOS permanently removes the affected photos. We strongly recommend keeping an active iCloud Photos backup (or equivalent) before using any cleanup features. We are not responsible for photos lost because you confirmed a deletion that iOS then processed.
5. Subscriptions, billing, and auto-renewal
MemorySwipe offers a free tier and one or more optional auto-renewing subscriptions (collectively, "Subscriptions"). Subscriptions are sold through the Apple App Store and are governed by the billing, payment, and refund rules of your Apple ID account.
- Pricing and billing. The applicable price, billing period, and included features are shown inside the App before you confirm a purchase. Payment is charged to your Apple ID at confirmation of purchase.
- Auto-renewal. Your Subscription renews automatically for successive billing periods at the then-current price unless auto-renewal is turned off at least 24 hours before the end of the current period.
- Managing or cancelling a Subscription. You can manage or cancel a Subscription at any time in iOS Settings → [your name] → Subscriptions. Cancellation takes effect at the end of the current billing period; no partial refund is provided for the unused portion of that period, except where required by law.
- Price changes. If the price of a Subscription increases, Apple will request your consent before the change takes effect. If you decline, the Subscription will not renew at the new price.
6. Free trials and promotional offers
We may offer free trials or other promotional access to paid features. Unless stated otherwise, a free trial automatically converts into a paid Subscription at the end of the trial period at the regular price, unless you cancel at least 24 hours before the trial ends. Free trials may be limited to one per Apple ID and may be withdrawn at any time.
7. Refunds
All payments for Subscriptions are processed by Apple. Refunds for App Store purchases are handled by Apple in accordance with its policies. To request a refund, visit reportaproblem.apple.com. We are not able to issue refunds directly for App Store transactions.
Nothing in these Terms limits statutory refund or cancellation rights you may have under applicable consumer-protection laws.
8. Acceptable use
When using MemorySwipe, you agree not to:
- Use the App in a way that violates any applicable law or infringes the rights of any other person.
- Copy, modify, adapt, translate, reverse-engineer, decompile, or disassemble the App, except to the extent expressly permitted by applicable law.
- Attempt to bypass subscription controls, tamper with receipt validation, or obtain paid features without payment.
- Use the App to build a competing product or service, or to train machine-learning models using the App's output without our written permission.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notice.
- Use automated scripts, scrapers, or other non-human means to interact with the App.
9. Intellectual property
The App, including its code, visual design, user interface, icons, text, and related materials, is owned by us or our licensors and is protected by intellectual-property laws. Nothing in these Terms transfers any ownership interest in the App to you. "MemorySwipe" and its logos are our trademarks; you may not use them without our prior written permission, except to refer to the App accurately.
10. Third-party services
MemorySwipe relies on a small number of third-party services to operate, as described in our Privacy Policy — principally Apple (App Store, In-App Purchase, iOS platform services) and Adapty (subscription management and paywall analytics). Your use of those services, where they have their own terms, is subject to those terms. We are not responsible for third-party services that we do not control, but we will use commercially reasonable efforts to choose providers whose practices are consistent with these Terms and our Privacy Policy.
11. Updates, availability, and changes to the App
We may release updates to MemorySwipe from time to time. Updates may add, remove, or change features, and may be required for continued use of the App. We may also modify, suspend, or discontinue the App or any feature at any time, with or without notice, subject to applicable law. If we permanently discontinue a paid feature for which you have a prepaid Subscription, we will provide a pro-rata refund of the unused portion to the extent required by law or Apple's policies.
12. Disclaimers
The App and the Service are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise, to the fullest extent permitted by applicable law.
We specifically disclaim all 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, secure, or free from viruses or other harmful components; that the results obtained from using the App will be accurate or reliable; or that the App will identify, preserve, or restore any particular photo. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, in no event will we, our affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or related to your use of the App — whether based in contract, tort, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Our aggregate liability to you for all claims arising out of or related to the App or these Terms will not exceed the greater of (a) the total amount you paid to us through the App in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty United States Dollars (USD $50).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) intentional misconduct or gross negligence (wina umyślna lub rażące niedbalstwo), or (iv) any other liability that cannot be limited or excluded under applicable law, including non-waivable consumer-protection rights under Polish law, EU law, or the law of your country of residence.
14. Indemnification
You agree to defend, indemnify, and hold harmless MemorySwipe and its affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your breach of these Terms, (b) your misuse of the App, or (c) your violation of any law or the rights of a third party. We reserve the right to assume the exclusive defence of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence of that claim.
15. Termination
You may stop using the App at any time by uninstalling it from your device. We may suspend or terminate your access to the App or any feature at any time, with or without notice, if we reasonably believe you have violated these Terms or if required to do so by law. Sections that by their nature should survive termination (including Sections 9, 12, 13, 14, 16, and 18) will survive.
16. Governing law and disputes
Governing law
These Terms and any non-contractual obligations arising out of or in connection with them or with the App are governed by the laws of the Republic of Poland, without regard to its conflict-of-laws rules. This choice of law does not deprive you, if you are a consumer, of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country where you have your habitual residence (Article 6(2) of Regulation (EC) No 593/2008 (Rome I) and equivalent rules in your jurisdiction).
Informal resolution
Before filing a formal claim, you agree to try to resolve the dispute informally by contacting us at hello@memoryswipe.com with a description of the claim and your contact information. We will try to resolve the dispute within sixty (60) days of receipt.
Courts — consumers
If you are a consumer, you may bring proceedings against us in the courts of the Republic of Poland or, at your option, in the courts of the EU Member State or other country where you have your habitual residence, in accordance with Articles 17–19 of Regulation (EU) No 1215/2012 (Brussels I bis) or equivalent rules in your jurisdiction. We may bring proceedings against you only in the courts of the country where you are domiciled.
Courts — non-consumers
If you are not a consumer (for example, you are using the App in the course of your business or profession), any dispute arising out of or in connection with these Terms or the App will be brought exclusively in the courts of competent jurisdiction in Warszawa, Poland.
Online dispute resolution
EU consumers may use the European Commission's Online Dispute Resolution (ODR) platform to submit a complaint. We do not currently commit to using any specific alternative dispute-resolution body, but we will engage in good faith with any complaint you submit through ODR or the equivalent mechanism in your country.
Right of withdrawal (EU/EEA/UK consumers)
Where you are a consumer in the EU, EEA, or UK and statutory withdrawal rights apply to digital content or services purchased through the App, those rights are administered by Apple as the seller of record for App Store purchases. You may exercise statutory withdrawal rights in accordance with Apple's policies and your local consumer-protection law. Nothing in these Terms limits or excludes any statutory right of withdrawal that cannot be waived.
Injunctive relief
Nothing in this Section prevents either party from seeking injunctive or equitable relief in any competent court to protect its intellectual-property rights.
17. Apple-specific terms
These Terms are concluded between you and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content. The following additional terms apply to your use of the App on an Apple device:
- Scope of licence. The licence granted to you in Section 3 is limited to use of the App on any Apple-branded product you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- Maintenance and support. We, not Apple, are solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
- Warranty. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
- Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App, including product-liability claims, consumer-protection claims, and claims that the App fails to conform to any applicable legal or regulatory requirement.
- Intellectual-property claims. We, not Apple, are responsible for the investigation, defence, settlement, and discharge of any third-party intellectual-property infringement claim relating to the App.
- Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo or designated by the US Government as a "terrorist-supporting" country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
- Third-party beneficiary. You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, 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.
18. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and us regarding the App and supersede any prior agreements on that subject.
Changes. We may update these Terms from time to time. If we make material changes, we will give reasonable notice by updating the "Last updated" date above and, where appropriate, surfacing a notice inside the App. Your continued use of the App after a revised version becomes effective constitutes your acceptance of the revised Terms.
No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Severability. If any provision is held unenforceable, the remaining provisions will remain in full force.
Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
19. Contact
If you have questions about these Terms, contact us at:
Pavlo Kish, sole proprietor (jednoosobowa działalność gospodarcza)
Okrag 4/42, 00-423 Warszawa, Poland
NIP: 7011201444
Email: hello@memoryswipe.com