Terms of Service. The house rules.

1. Provider

The Service is provided by Dr. Jan Philip Wahle, Siedlungsweg 24, 37124 Rosdorf, Germany. Contact: [email protected].

2. The Service

SwipePhotos helps you tidy your Apple Photos library by swiping through photos to keep or delete them, with a Smart Stack for burst shots and a Mac companion with keyboard shortcuts. All processing happens on your device. Results are provided on a best-effort basis — the app suggests, you decide.

Suggestions about which photos to keep, group, or delete are produced automatically (including by machine-learning models running on your device) and may be inaccurate, incomplete, or unsuited to your personal preferences. They are informational only and do not constitute editorial or professional advice. Every keep, delete, group, or skip action is initiated by you. You are solely responsible for reviewing each suggestion, for the photos you delete or retain, and for any consequences of those decisions, including the loss of photos you later wish you had kept. We give no warranty of accuracy, fitness for a particular purpose, or that any specific feature, model, or behaviour will be available, retained, or perform in a particular way.

3. Eligibility

You must be at least 16 years old, or the minimum age of digital consent in your country, to use SwipePhotos. If you are under that age, a parent or legal guardian must install and manage the app on your behalf.

4. App Store terms apply

SwipePhotos is distributed through Apple's App Store. Installation, purchases, and subscriptions are additionally governed by the Apple Media Services Terms & Conditions. Apple is the merchant of record for your purchase.

5. Subscriptions, billing, and cancellation

A limited free sorting tier may be available. Paid plans are billed through your Apple ID; subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period. Available plans may include weekly and yearly auto-renewing subscriptions and a one-time lifetime purchase (see Section 6), with prices shown in the App Store at the point of purchase. Prices include any VAT that Apple collects on our behalf.

You can cancel, change, or request a refund for your subscription at any time in your Apple ID subscription settings. We do not have access to your Apple ID and cannot issue refunds directly — Apple handles that. See Apple's refund policy for details.

6. One-time lifetime purchase

As an alternative to a subscription, we may offer a one-time “lifetime” purchase. It is billed once through your Apple account and does not renew.

“Lifetime” refers to the lifetime of the SwipePhotos app as a product, not to your lifetime as the purchaser and not to any minimum number of years. The licence lasts only for as long as SwipePhotos is commercially offered, made available for download, and technically supported by us.

The lifetime purchase grants access to the app's paid features as they exist at the time of purchase, for the supported lifetime of the SwipePhotos product. It is not a guarantee that the app, every feature, or every platform version will remain available forever.

The lifetime purchase does not include:

• any right to future updates, upgrades, redesigns, or new features;
• any guarantee of bug fixes, maintenance, response times, or technical support;
• continued compatibility with future Apple devices, iOS, iPadOS, macOS, PhotoKit, iCloud Photos, App Store rules, or other platform changes;
• access to separate apps, successor products, renamed products, replacement products, paid add-ons, paid services, server-side services, cloud services, or third-party services that we may offer in the future;
• any transfer to another Apple account, family member, person, or organisation, except where Apple's own family-sharing rules independently allow it;
• any refund, credit, compensation, or replacement if the app is modified, discontinued, removed from sale, removed from the App Store, or no longer works because of technical, legal, security, or commercial reasons, except where mandatory statutory law provides otherwise.

We may, at our discretion, provide updates, maintenance, new features, or platform support to lifetime purchasers, but we are under no obligation to do so unless mandatory law requires it.

Section 10 (availability and service modifications) applies equally to lifetime purchases: we may modify, limit, or discontinue the Service, entirely or in part, as described there. If the app is discontinued, removed from the App Store, or stops working on future devices or operating-system versions, lifetime purchasers are not entitled to any refund, replacement, damages, or other compensation, except where mandatory statutory law provides otherwise.

The licence is personal and non-transferable and is tied to your Apple account. To use the app on a new device, sign in with the same Apple account and restore your purchases.

Refunds are handled exclusively by Apple under its terms, and the statutory right of withdrawal in Section 7 applies. Beyond that, no refunds are provided — in particular, no pro-rata refunds if you stop using the app.

Your mandatory statutory rights, including statutory warranty rights for consumers, remain unaffected by this section.

7. Right of withdrawal (consumers)

As an EU or UK consumer you have a statutory 14-day right of withdrawal for digital services. Because SwipePhotos begins providing the service the moment you open the app, you agree — by starting to use the app — that provision begins immediately and that your right of withdrawal expires once the service has been fully performed. Apple's refund policy remains available to you.

8. Licence

Subject to these terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use SwipePhotos on devices you own or control. You may not:

• Rent, sell, sublicense, or otherwise distribute the app
• Copy, modify, or create derivative works from the app
• Reverse-engineer, decompile, or disassemble the app, except to the extent such restrictions are prohibited by law
• Use the app to violate laws, Apple's guidelines, or the rights of others
• Interfere with, or attempt to circumvent, technical limits or security controls

9. Your photos and content

You own your photos. Full stop. The app reads your Apple Photos library on your device through Apple's PhotoKit framework so you can make decisions about them. Nothing is uploaded to us. We do not receive, store, or process your photos, and we never use your content to train machine-learning models.

10. Availability and service modifications

The apps and website are provided on a reasonable-effort basis. We do not offer an uptime guarantee and cannot be held responsible for outages caused by Apple, your internet provider, or other upstream services. Planned maintenance is kept to a minimum.

We may at any time add, modify, suspend, restrict, or discontinue individual features, models, integrations, or the apps themselves, including for technical, legal, security, or commercial reasons — for example to comply with iOS or macOS changes, Apple App Store guidelines, or PhotoKit behaviour. You have no right to demand the provision, restoration, continuation, or specific performance of any feature, model, integration, response time, accuracy level, or service level beyond what is described for your currently active subscription tier. Material reductions of the bundled scope of paid features will be announced with reasonable advance notice in accordance with Section 14.

11. Beta features

From time to time we may label a feature as “beta”, “experimental”, or “preview”. These features are provided as-is, may change or disappear, and should not be relied on as part of your paid subscription.

12. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless us, our affiliates, and our personnel from and against any third-party claims, demands, proceedings, losses, damages, liabilities, fines, penalties, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• photos, metadata, or other content you process through, store with, or share from the app, including alleged infringement of intellectual property, personality, or privacy rights of third parties;
• any decisions you make on the basis of the app's suggestions, including the deletion, retention, or sharing of photos;
• your breach of these terms, the licence in Section 8, or applicable law;
• unauthorised use of the app under your Apple ID or device caused by you or by someone you allow to access your device.

This indemnification applies in full to users acting in a commercial, professional, or institutional capacity. For consumers (Verbraucher within the meaning of § 13 BGB), it applies only to the extent permitted by mandatory consumer-protection law and only where the claim is attributable to your fault.

13. Liability

We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and under guarantees we have given. For slight negligence, we are only liable for the breach of essential contractual obligations (cardinal duties), and our liability is limited to foreseeable damages typical for this type of contract. All further liability is excluded to the extent permitted by law.

Subject to the preceding paragraph and to the extent not already excluded, our aggregate liability for all claims arising out of or in connection with the app, the website, or these terms is capped, per affected user and per twelve-month period, at the greater of (a) one hundred euros (EUR 100) or (b) the subscription fees you actually paid through your Apple ID for SwipePhotos in the twelve months preceding the event giving rise to the claim; for users who have made a one-time lifetime purchase instead of subscribing, the cap is the greater of (a) one hundred euros (EUR 100) or (b) the amount you paid for the lifetime purchase in the twelve months preceding the event giving rise to the claim. This cap applies in particular to liability for slight negligence and to claims that are not separately covered by the unlimited-liability carve-outs above.

In particular, we are not liable for the loss of photos or data caused by your own swipe decisions — the app acts on your instructions, and Apple Photos keeps deleted items in “Recently Deleted” for 30 days so you have time to recover anything you change your mind about. We are likewise not liable for indirect or consequential damages, loss of profits, lost revenue, loss of goodwill, or loss of data that could have been recovered through reasonable and customary backups (for example via iCloud Photos, Time Machine, or another backup of your choice).

The foregoing liability allocation also applies in favour of our legal representatives, employees, and other persons acting on our behalf. You acknowledge that the subscription fees reflect this allocation of risk.

14. Changes to these terms

We may update these terms to reflect changes in the Service or the law. For material changes that affect existing subscribers, we will notify you at least 30 days in advance by email or through the Service, so you can cancel before the changes take effect.

15. Governing law and jurisdiction

These terms are governed by the law of the Federal Republic of Germany, with the exception of its conflict-of-laws rules. If you are a consumer habitually resident in the EU, you retain the protection of mandatory provisions of the law of your country of residence. The place of jurisdiction, where allowed by law, is Göttingen, Germany.

The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr. We are not willing or obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

16. Contact

Questions about these terms? Write to [email protected].